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HomeMy WebLinkAbout31B - CUP 207 E SECOND STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: CONDITIONAL USE PERMIT NO. 2013 -31 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2013 -29 TO ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO. 2013 -30 TO ALLOW A BANQUET USE FOR THE ROBBINS NEST RESTAURANT AT 207 EAST SECOND STREET, UNIT B - VINCE CANINO, APPLICANT J _ CITY MANAGE CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2013 -31 as conditioned, Conditional Use Permit No. 2013 -29 as conditioned, and Conditional Use Permit No. 2013 -30 as conditioned. PLANNING COMMISSION ACTION On October 28, 2013, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2013 -31 as conditioned for a Type 41 ABC license for the on- premise sale and consumption of beer and wine, Conditional Use Permit No. 2013 -29 as conditioned to allow after - hour operations, Conditional Use Permit No. 2013 -30 as conditioned to allow a banquet facility by a vote of 6:0 (Alderete abstained) at The Robbins Nest restaurant located at 207 West Second Street, Unit B in the Transit Zoning- Downtown (SD84) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION This action will allow for a new restaurant to provide the sale and service of beer and wine as an ancillary service to their operation, and to allow the restaurant to be open past midnight and to allow for private banquets. 31 B -1 CUP Nos. 2013 -29, 2013 -30 & 2013 -31 November 18, 2013 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Jay M. Trevino Executive Director Planning & Building Agency HS:rb hs:RobbinsNesl \cup13- 29thru31 RobbinsNestcc Exhibit: A. Planning Commission Staff Report 31 B -2 REQUESTFOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 28, 2013 TITLE: PUBLIC HEARING — FILED BY VINCE CANINO FOR CONDITIONAL USE PERMIT NO. 2013-31 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2013 -29 TO ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO. 2013-30 TO ALLOW A BANQUET USE FOR THE ROBBINS NEST RESTAURANT AT 207 EAST SECOND STREET, UNIT B Prepared by _Hally Soboleske _ Executive Director PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Manager 1. Adopt a resolution approving Conditional Use Permit No. 2013 -31 as conditioned for a Type 41 ABC license for the on- premise sale and consumption of beer and wine. 2. Adopt a resolution approving Conditional Use Permit No. 2013 -29 as conditioned to allow after -hour operations. 3. Adopt a resolution approving Conditional Use Permit No. 2013 -30 as conditioned to allow a banquet facility. Reauest of Applicant Vince Canino is requesting approval of three conditional use permits for the proposed Robbins Nest Restaurant at 207 East Second Street, Unit A. Specifically, the applicant is requesting approval to allow a Type 41 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC), to allow the restaurant to remain open until 2:00 a.m. per Section 41 -2007 of the SAMC and to allow a banquet use pursuant to Section 41 -2008 of the SAMC. Proiect Location and Site Description The applicant proposes to operate The Robbins Nest restaurant within an existing 3;080 square foot tenant space that is located on the Second Street Promenade in the Artists Village. The business will occupy the northernmost (rear) space that is currently vacant. The front space will be occupied by a separate business. The historic building at 207 East Second Street was constructed in 1923 and is known as the South Counties Gas Building, it is currently listed on the Santa Ana Register of Historical Properties, and has been vacant for several years. EXHIBIT A 31 B -3 CUP Nos. 2013 -29, 2013 -30 & 2013 -31 October 28, 2013 Page 2 The site is surrounded by a parking lot to the north, a vacant tot owned by Southern California Edison to the east, the Second Street Promenade and historic Grand Central Art Building studios to the south, and various commercial and residential land uses in the historic Santora Building to the west (Exhibits 1, 2 and 3). Project Descriptlon The Robbins Nest restaurant is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine, to allow the restaurant to remain open past midnight, and to hold banquet events. The restaurant will be a full- service, sit -down eating establishment that consists of 3,080 square feet of interior floor space with seating for approximately 72 patrons within its dining room. The on- premise sale of alcoholic beverages and banquet operation are intended to provide a service ancillary to the primary restaurant use. The restaurant will be open for lunch and dinner Tuesday through Sunday and closed Mondays. The storage area for alcoholic beverages is approximately 76 square feet in size, which is less than five percent of the interior gross floor area of the restaurant and is consistent with the SAMC requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol storage and display (Exhibits 4 and 6). Project Backaround The South Counties Gas Building has been vacant many years and was in an advanced state of disrepair. Its previous tenant was the Handlebar Saloon. The building was originally acquired by the City's Redevelopment Agency in about 1994 as part of the Artists Village project. The South Counties Gas Building was purchased by Corbiz LLC in 2011, and was completely rehabilitated including repair and upgrade of structural members, window and door repair and replacement, repointing the exterior bricks, the installation of an elevator, and upgrading bathroom facilities. The building was separated into two distinct spaces. The Robbins Nest proposes to utilize the smaller of the two spaces on the north side of the building with entry from the alley. The Robbins Nest proposes to be a wine bar /bistro with a small selection of beer. Food will be prepared in "tapas" or small -plate style. General Plan and Zoning Consistency The General Plan land use designation for the site is District Center (DC). District Center land use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services. The project site is consistent with this General Plan land use designation. The parcel is located within the Transit Zoning Code (SD -84) zoning district in the Downtown (DT) sub -zone. The SD -84 zoning district allows for service and retail uses such as a restaurant. Further, the zoning allows for the sale of alcoholic beverages, after -hours operations and banquet 31 B -4 CUP Nos, 2013 -29, 2013 -30 & 2013 -31 October 28, 2013 Page 3 facilities subject to issuance of a conditional use permit. This project is consistent with the SD -84 zoning designation. Prgiect Analysis Conditional Use Permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community, • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permits. Conditional Use Permit No. 2013 -31 for a Tvoe 41 ABC license The Robbins Nest is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine. The applicant intends to sell alcoholic beverages as an ancillary service to the primary restaurant use. Staff has reviewed the applicant's request and has determined that the proposed establishment is in compliance with the standards for establishments selling alcoholic beverages. The proposed alcoholic beverage license will provide for an ancillary service to the restaurant's customers by allowing them the ability to purchase beer, wine, and distilled spirits with their food. The Type 47 ABC license is only issued to restaurants that meet the State's standards as a bona fide eating establishment indicating that alcohol sales are not intended to be the primary use of the business. Conditions have been placed on the alcoholic beverage control license, which further emphasize the sales of alcohol as an ancillary use. 31 B -5 CUP Nos. 2013 -29, 2013 -30 & 2013 -31 October 28, 2013 Page 4 • The proposed license for the on -sale consumption of beer, wine, and distilled spirits at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the alcoholic beverage control license that will mitigate any potential negative or adverse impacts that could be created by the use. In addition, the use will occur within the premises in accordance with the standards of the State Department of Alcoholic Beverage Control. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale to their patrons. Moreover, the offering of alcoholic beverages as an ancillary product to food supports the establishment of a full - service restaurant. The proposed use will serve to re- tenant a previously vacant building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. , • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code for restaurants selling alcohol with their meal. The facility will be maintained as a bona-fide eating establishment as defined in Section 23038 of the California Business and Professions Code, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will use less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. • The proposed use will not adversely affect the General Plan. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants offers additional dining options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full- service restaurant use further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. Conditional Use Permit No. 2013 -29 to allow after -hour operations Santa Ana Municipal Code (SAMC) Section 41 -2007 (Table 2A) requires a conditional use permit for any eating establishment with hours of operation between 12:00 a.m. and 7:00 a.m. The restaurant will be open for lunch and dinner Tuesday through Sunday with operations after midnight on occasion. These operating hours are consistent with those of the other downtown restaurants. RIUM CUP Nos. 2013-29,2013-30 & 2013 -31 October 28, 2013 Page b The proposed after -hours operation will provide an ancillary service to the restaurant customers by allowing them the ability to offer meals after 12:00 midnight, thereby providing an additional dining option within the downtown area. This will benefit the community by providing a restaurant with an additional and complementary food - related amenity, The after -hours operation is consistent with that of other restaurants in the downtown. Conditions have been placed on the after -hours permit that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed hours of operation at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the permit that will mitigate any potential negative or adverse impacts that could be created by the use, and the proposed after - hours operation is consistent with other restaurants operating in the downtown, Further, the building location fronts on the Artists Village promenade, which is a frequent location for community activities involving outdoor entertainment and significant public activity. Specific conditions address the potential for noise and light intrusion, as well as for security. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer after -hours meals to their patrons. The extension of operating hours will enable the restaurant to continue their operations for a longer period of time, thereby allowing them to generate more revenue to ensure their continued economic viability. The proposed use will serve to re- tenant a previously vacant building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant open after 12:00 midnight pursuant to Chapter 41 of the Santa Ana Municipal Code. The proposed use will not adversely affect the General Plan. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services, Providing a variety of full- service restaurants with extended hours of operation offers additional dining options for Santa Ana residents and visitors, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full - service restaurant use further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. 31 B -7 CUP Nos. 2013 -29, 2013 -30 & 2013 -31 October 28, 2013 Page 6 Conditional Use Permit No. 2013 -30 to allow a banquet facility The Robbins Nest restaurant also proposes an ancillary banquet facility, which would allow it to be used for private events only as an ancillary operation of the business. Per the SAMC, banquet facilities must have a kitchen facility, sanitation facilities, and a licensed security guard for every 100 persons in attendance per event. As proposed, the project meets or exceeds the standards for a banquet use. The following findings support the recommendation of approval for the banquet facility. • The proposed banquet facility permit will provide an ancillary service to the restaurant and their customers by providing a space to host special functions. This will benefit the community by providing an additional venue for special events and celebrations. Conditions have been placed on the banquet facility permit that will mitigate any potential impacts created by the use and to ensure that the use will not negatively affect the surrounding community, • The proposed banquet facility permit at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, a banquet facility at this location will provide a supplementary service to the community, all activities will occur within the premises and is incidental to the primary restaurant use. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer banquet facilities for special events and community functions, Moreover, the banquet use will allow the restaurant to remain economically viable and contributes to the overall success of the downtown area in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant operating a banquet use pursuant to Chapter 41 of the Santa Ana Municipal Code. • The proposed use will not adversely affect the General Plan. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants with ancillary banquet facilities offers additional special event and celebration options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full- service restaurant and banquet facility further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. ' ' q CUP Nos. 2013 -29, 2013 -30 & 2013 -31 October 28, 2013 Page 7 Police Department Analysis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. Studies have shown that alcohol is a contributing factor in crimes such as drunk driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in public, and other nuisance -type offenses, Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentration will create blight and adversely impact the community. The approval of a license in an area deemed over- concentrated and high in crime may affect the quality of life and police resources in the area, and aggravate existing conditions. Since the City's overconcentration standards do not apply to on -sale establishments, the Police Department considered two factors when reviewing this type of application: crime rate and sensitive land uses. It has been determined that 207 East Second Street has an above average number of reported crimes when compared to all crime reporting districts based on standards established under 6 &P Code Section 23958.4. 207 West Second is located in Reporting District No. 165. This reporting district is 40 percent above the average reporting for all districts, which is above the 20 percent threshold established by the State for high crime. Conditions of approval are included as required by the SAMC that are adequate to address any concerns. Public Notification The project site is located within the boundaries of the Downtown Neighborhood Association. Representatives from this Neighborhood Association were notified of this project. The project site was also posted with a notice advertising this public hearing, and a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2013 -40 will be filed for this project. 31 B -9 CUP Nos, 2013 -29, October 28, 2013 Page 8 Conclusion 2013 -30 & 2013 -31 Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit Nos. 2013 -29, 2013 -30 and 2013 -31 as conditioned. Hally Sobcd6ske Associate Planner HS:mr hs .RobbinsNesticup'l3- 29thru13 -31 RobblmNest.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Photo of location Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31 B -10 Sergio Klotz, AI P r Principal Planner SEVENTEENTH ST. SEVENTEENTH U L-1 i._ L_J t_...J L_J u l_J 3 L_JL.,� I_„_13. L_J JR1 11 .. CS C5 ! SP 3. 55pi m qt flt q3 fl3- UIRL2 N1. 113. Sl HSB B 3 l ro 7 Ian SP Sx 6l N I11 O R1 RI RI R1 P R1 R3- ', R3- ' u , � � sP 1 5P -3 SP -3 3 HYII FI nPo� —wc g 5l1 au x g 5p-3 ? 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CUP 2013 -29, 30 and 31 ROBBINS NEST r 207 WEST SECOND STREET #B �V P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 B -12 207 WEST SECOND STREET #B PHOTO ROBBINS NEST RESTAURANT 31 B -13 THE WESTERLY 65 FEET OF LOTS 1, 4 AND 6 IN BLOCK 6 OF THE TOWN OF SANTAANA, AS PER NIAP RECORDED IN BOOK 2, PAGE 61 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA - --------- X� g J L T11 rd A-3, EXHIBIT SPACE - LJ'4IT E- RESTAURANT - UHI'T I^ SECOND STREET _F_xhVt4 31B-14 ri F 2 fill o rt g}rtaiyr,s tttirri�i �!� i. r ty„ Ef 1 � t il�ya mm�na��JCaamc�W j " ! it„-, Id ! ial,3lllli,s! ill; i I':! z ul t m } it ;!,t ► ! E ! ft}ll, ''IE 11 ?i P Gi t? t l 4tS it Mt rt'ili ilt qi} i r{I!1 Ei9 tr a s a ❑ i�,e E i` i' ti � ° � IP t- ii!E; }ilr ili Ed r , i 9 5 � i i E' Pill Ih i !11'i r rr'{Fatshl are r }ltrri 9lra l� ; �1 - ; ' "° " ci !l ;t Hf 5 iliEl, l iii l9l s [ i Exhibit 5 31 B -15 �3 : x: z rh IL �+ C N GG °„ y' C (L "v It _ G ai ❑.,� Epp A min i G C CL z IL ri F 2 fill o rt g}rtaiyr,s tttirri�i �!� i. r ty„ Ef 1 � t il�ya mm�na��JCaamc�W j " ! it„-, Id ! ial,3lllli,s! ill; i I':! z ul t m } it ;!,t ► ! E ! ft}ll, ''IE 11 ?i P Gi t? t l 4tS it Mt rt'ili ilt qi} i r{I!1 Ei9 tr a s a ❑ i�,e E i` i' ti � ° � IP t- ii!E; }ilr ili Ed r , i 9 5 � i i E' Pill Ih i !11'i r rr'{Fatshl are r }ltrri 9lra l� ; �1 - ; ' "° " ci !l ;t Hf 5 iliEl, l iii l9l s [ i Exhibit 5 31 B -15 ROH - 10/28/13 RESOLUTION NO. 2013 -25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2013 -31 AS CONDITIONED TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2013-29 AS CONDITIONED TO ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO. 2013 -30 AS CONDITIONED TO ALLOW A BANQUET USE, FOR THE PROPERTY LOCATED AT 207 WEST SECOND STREET, UNIT B BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of: Conditional Use Permit No. 2013 -31 to allow a Type 41 Alcoholic Beverage Control (ABC) license, Conditional Use Permit No. 2013 -29 to allow after -hours operations, and Conditional Use Permit No. 2013 -30 to allow a banquet use, for the property located at 207 West Second Street, Unit B. B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use permit for: the sale of alcoholic beverages for on -site consumption, businesses operating between the hours of 12:00 a.m. and 7:00 a.m., and the operation of a banquet facility. C. On October 28, 2013, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2013 -31 Conditional Use Permit No. 2013 -29, and Conditional Use Permit No. 2013 -30. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2013 -31 to allow for a Type 41 ABC license: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed alcoholic beverage license will provide for an ancillary service to the restaurant's customers by allowing Resolution No. 2013 -25 31 B -16 Page 1 of 17 them the ability to purchase beer, wine, and distilled spirits with their food. The Type 47 ABC license is only issued to restaurants that meet the State's standards as a bona fide eating establishment indicating that alcohol sales are not intended to be the primary use of the business. Conditions have been placed on the alcoholic beverage control license, which further emphasize the sales of alcohol as an ancillary use. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed license for the on -sale consumption of beer, wine, and distilled spirits at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the alcoholic beverage control license that will mitigate any potential negative or adverse impacts that could be created by the use. In addition, the use will occur within the premises and within an enclosed outdoor patio in accordance with the standards of the State Department of Alcoholic Beverage Control. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale to their patrons. Moreover, the offering of alcoholic beverages as an ancillary product to food supports the establishment of a full - service restaurant. The proposed use will serve to re- tenant a previously vacant building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code for restaurants selling alcohol with their meal. The facility will be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions Code, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of Resolution No. 2013 -25 Page 2 of 17 31 B -17 the day. Additionally, the restaurant will use less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full- service restaurants offers additional dining options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full- service restaurant use further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2013 -29 to allow for after hours operation: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed after -hours operation will provide an ancillary service to the restaurant customers by allowing them the ability to offer meals after 12:00 midnight, thereby providing an additional dining option within the downtown area. This will benefit the community by providing a restaurant with an additional and complementary food - related amenity. The after -hours operation is consistent with that of other restaurants in the downtown. Conditions have been placed on the after -hours permit that will mitigate any potential Resolution No. 2013 -25 31 B -18 Page 3 of 17 impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed hours of operation at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the permit that will mitigate any potential negative or adverse impacts that could be created by the use, and the proposed after -hours operation is consistent with other restaurants operating in the downtown. Further, the building location fronts on the Artists Village promenade, which is a frequent location for community activities involving outdoor entertainment and significant public activity. Specific conditions address the potential for noise and light intrusion, as well as for security. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer after - hours meals to their patrons. The extension of operating hours will enable the restaurant to continue their operations for a longer period of time, thereby allowing them to generate more revenue to ensure their continued economic viability. The proposed use will serve to re- tenant a previously vacant building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant operating after 12:00 midnight. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full- service restaurants with extended hours of operation Resolution No. 2013 -25 Page 4 of 17 31 B -19 offers additional dining options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full - service restaurant use further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. F. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2013 -30 to allow for a Banquet Facility: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed banquet facility permit will provide an ancillary service to the restaurant and their customers by providing a space to host special functions. This will benefit the community by providing an additional venue for special events and celebrations. Conditions have been placed on the banquet facility permit that will mitigate any potential impacts created by the use and to ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed banquet facility permit at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, a banquet facility at this location will provide a supplementary service to the community, all activities will occur within the premises and is incidental to the primary restaurant use. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? Resolution No. 2013 -25 Page 5 of 17 31 B -20 The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer banquet facilities for special events and community functions. Moreover, the banquet use will allow the restaurant to remain economically viable and contributes to the overall success of the downtown area in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant operating a banquet use pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants with ancillary banquet facilities offers additional special event and celebration options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full- service restaurant and banquet facility further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. G. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2013 -40 will be filed for this project. Resolution No. 2013 -25 Page 6 of 17 31 B -21 Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2013 -31 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein, Conditional Use Permit No. 2013 -29 as conditioned in Exhibit B attached hereto and incorporated as though fully set forth herein, and Conditional Use Permit No. 2013 -30 as conditioned in Exhibit C attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated October 28, 2013 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28th day of October 2013 by the following vote: AYES: Commissioners: Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval(6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Alderete(1) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney Sean H. Mill Vice Chairman Resolution No. 2013 -25 Page 7 of 17 31 B -22 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013 -25 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 28. 2013 . Date: Secretary of the Planning Commission City of Santa Ana 31 B -23 Resolution No. 2013 -25 Page 8 of 17 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2013 -31 Conditional Use Permit No. 2013 -31 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. Resolution No. 2013 -25 Page 9 of 17 31 B -24 OCTOBER 28, 2013 PAGE 2OF4 7. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older. 8. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency. 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free ", "two for the price of one', or "all you can drink for..." or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC ") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. Resolution No. 2013 -25 Page 10 of 17 31 B -25 OCTOBER 28, 2013 PAGE 3 OF 4 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Sections 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article Il, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed - access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 21 The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the Police Department, addressing at a minimum the following items: a. Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. Resolution No. 2013 -25 Page 11 of 17 31 B -26 OCTOBER 28, 2013 PAGE 4OF4 C. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. f. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency. 25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment. Resolution No. 2013 -25 Page 12 of 17 31 B -27 EXHIBIT B Conditions for Approval of Conditional Use Permit No. 2013 -29 Conditional Use Permit No. 2013 -29 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food from the same menu being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 2:00 a.m. pursuant to this conditional use permit. 4. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code ( "SAMC ") Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 5. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 6. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 8. There shall be no amplified sound used outside the building. Resolution No. 2013 -25 Page 13 of 17 31 B -28 OCTOBER 28, 2013 PAGE 2OF2 9. A notification directing patrons to park in the public parking structure located on Third Street and Broadway shall be posted at the restaurant entry and on the restaurant's website (if any). 10. No use of delivery vehicles with more than three axels at this location. 11. This establishment must comply with Santa Ana Municipal Code Section 18 -312 related to exterior noise. 12. Trash program and submittal of a notarized and recorded Reciprocal Trash Agreement shall be provided prior to issuance of a Certificate of Occupancy. 13. Sign permits (both permanent and temporary) are under separate submittal. 14. Special events are subject to a Land Use Certificate where such activities will take place outside of the restaurant building. Resolution No. 2013 -25 Page 14 of 17 31 B -29 EXHIBIT C Conditions for Approval of Conditional Use Permit No. 2013 -30 Conditional Use Permit No. 2013 -30 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food from the same menu being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless a conditional use permit is approved for after -hours operation. 4. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code ( "SAMC ") Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 5. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 6. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 8. There shall be no amplified sound used outside the building. Resolution No. 2013 -25 Page 15 of 17 31 B -30 OCTOBER 28, 2013 PAGE 2 OF 2 9. A notification directing patrons to park in the public parking structure located on Third Street and Broadway shall be posted at the restaurant entry and on the restaurant's website (if any). 10. No use of delivery vehicles with more than three axels at this location. 11. This establishment must comply with Santa Ana Municipal Code Section 18 -312 related to exterior noise. 12. Trash program and submittal of a notarized and recorded Reciprocal Trash Agreement shall be provided prior to issuance of a Certificate of Occupancy. 13. Sign permits (both permanent and temporary) are under separate submittal. 14. Special events are subject to a Land Use Certificate where such activities will take place outside of the restaurant building. Resolution No. 2013 -25 Page 16 of 17 31 B -31 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2013 -25 (Conditional Use Permit Nos. 2013 -29, 2013 -30 and 2013 -31) in this action by placing true copy t erect enc ose in spa enve opes a dresse as follows: [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. ,RU WI :311 Resolution No. 2013 -25 Page 17 of 17 31 B -32