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HomeMy WebLinkAbout31C - CUP 220 E FOURTH STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: CONDITIONAL USE PERMIT NO. 2012 -11 -MOD TO MODIFY A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2012 -12 -MOD TO ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO. 2012 -13 -MOD TO ALLOW A BANQUET USE FOR THE PLAYGROUND AT 220 EAST FOURTH STREET - BOB QUINN SLL 4; '_� - CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving modifications to Conditional Use Permit No. 2012-11 - MOD as conditioned, Conditional Use Permit No. 2012 -12 -MOD as conditioned, and Conditional Use Permit No. 2012 -13 -MOD as conditioned. PLANNING COMMISSION ACTION On October 28, 2013, the Planning Commission adopted a resolution approving modifications to Conditional Use Permit No. 2012 -11 -MOD as conditioned for a Type 47 ABC license, Conditional Use Permit No. 2012 -12 -MOD as conditioned to allow after -hour operations, and modifications to Conditional Use Permit No. 2012 -13 -MOD as conditioned to allow a banquet facility by a vote of 7:0 for The Playground Restaurant located at 220 East Fourth Street 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 an existing restaurant to expand their service area creating an upstairs lounge and adjacent pizza restaurant. The existing sales and service of alcohol, after hours operations and banquet use will also be extended to include the new service areas. 31 C -1 CUP Nos. 2012 -11 -MOD, 2012 -12 -MOD & 2012 -13 -MOD November 18, 2013 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. AyiM . Trevino Executive Director Planning & Building Agency HS:rb hs: \Playground \cup12- 11thru13 -MOD Playground= Exhibit: A. Planning Commission Staff Report 31 C -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE. OCTOBER 28, 2013 TITLE: PUBLIC HEARING — FILED BY BOB QUINN FOR CONDITIONAL USE PERMIT NO. 2012-11-MOD TO MODIFY A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2012.12 -MOD TO ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO. 2012-13-MOD TO ALLOW A BANQUET USE FOR THE PLAYGROUND AT 220 EAST FOURTH STREET Prepared by HaIIySoboleske Executive Director PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Planning Vanager 1. Adopt a resolution approving modifications to Conditional Use Permit No. 2012 -11 -MOD as conditioned for a Type 47 ABC license. 2. Adopt a resolution approving modifications to Conditional Use Permit No. 2012 -12 -MOD as conditioned to allow after -hour operations. 3. Adopt a resolution approving modifications to Conditional Use Permit No. 2012 -13 -MOD as conditioned to allow a banquet facility. Request of Applicant Bob Quinn is requesting the modification of three conditional use permits for the Playground Restaurant at 220 East Fourth Street. The applicant Is requesting modification due to an expansion of the existing restaurant into the adjacent suite, as well as the second floor. The modification will allow the new floor area to be included under the existing Type 47 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer, wine, and distilled spirits pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC); allows the expansion area to remain open until 2:00 a.m. under the existing CUP for after -hours operations pursuant Section 41 -2007 of the SAMC; and allows the expansion area to operate as a banquet use under the existing CUP pursuant to Section 41 -2008 of the SAMC. EXHIBIT A 31 C -3 CUP Nos. 2012 -11, 2012 -12 & 2012 -13 -MOD October 28, 2013 Page 2 Proiect Location and Site Description Playground is an existing restaurant located adjacent to the Spurgeon promenade on the south side of 4�h Street. They are proposing to expand the restaurant from 1,334 to 3,140 square feet through the use of the second floor of the building, as well as an adjacent tenant suite. The site is surrounded by commercial land uses (Exhibits 1, 2 and 3). Proiect Description The Playground restaurant was originally approved for a Type 47 on- premise alcohol license, after hours, and banquet conditional use permits on September 10, 2012. The owners of Playground are requesting modification of the existing CUPS for alcohol sales, after -hours operations and banquet events. The restaurant will be increasing by 1,806 square feet of interior floor space with seating for an additional 139 patrons within its dining room and lounge. This expansion of use requires the modification to the existing conditional use permits to include the new floor area. The ground floor expansion will offer an Italian pasta /wood -fired pizza menu. The second floor expansion will include a lounge /waiting area where patrons can wait far their tables to be ready and /or order food from a smaller menu for service on the second floor. The alcohol storage area is approximately 330.5 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 5). Project Background Playground restaurant is a full- service, sit -down eating establishment which opened in 2012. The menu features a wide variety of items that change based on the seasonable availability of ingredients. Their capsule restaurant, Playground 2.0, features food prepared by a chef in a demonstration style for small groups. General Plan and Zoning Consistency The General Plan land use designation for the site is District Center (DC). District Center land use districts are major activity areas in the City that are designed to serve as commercial anchors with an urban character and mix of uses. 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 facilities subject to issuance of a conditional use permit. This project is consistent with the SD -84 zoning designation. 31 C -4 CUP Nos. 2012 -11, 2012 -12 & 2012 -13 -MOD October 28, 2013 Page 3 Project 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.-2012-1 1-MOD to expand the service area for a Type 47 ABC license Playground restaurant is requesting approval to expand the service area of the existing Type 47 Alcoholic Beverage Control (ABC) license approved under CUP 2012 -11. 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 expansion of the alcoholic beverage service area 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. The proposed expansion of the alcoholic beverage service area 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 /or within an enclosed 31 C -5 CUP Nos, 2012 -11, 2012 -12 & 2012 -13 -MOD October 28, 2013 Page 4 outdoor patio in accordance with the standards of the State Department of Alcoholic Beverage Control. • The proposed expansion of the alcoholic beverage service area 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. In addition, the proposed use will serve to re- tenant previously vacant portions of the 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 expansion 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 restaurant expansion will include a significant level of new tenant improvements representing a substantial capital investment in the building. The restaurant expansion further supports the rehabilitation of this commercial property. Conditional Use Permit No. 2012 -12 -MOD to expand the service area for 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. Playground is currently permitted to operate until 2:00 a.m. with the outdoor patio limited to 1:30 a.m. pursuant to existing CUP 2012 -12, which is consistent with other restaurants operating in the area. The request would allow the expanded service areas to operate during the same hours. Concerns typically associated with after -hours operations are the potential for noise complaints from nearby residents, as well as potential nuisance behavior from patrons exiting the restaurant at closing time. Conditions of approval have been placed upon the use in order to mitigate these potential concerns. The following findings support the recommendation of approval for after -hours operations. 31 C -6 CUP Nos. 2012 -11, 2012 -12 & 2012 -13 -MOD October 28, 2013 Page 5 The proposed expansion of the after -hours operations area 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 expansion of the after -hours operations area 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 Spurgeon 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 expansion of the after -hours operations area 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 previously vacant portions of the 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 midnight pursuant to Chapter 41 of the Santa Ana Municipal Code. The proposed expansion of the after -hours operations area 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 restaurant expansion will include a significant level of new tenant improvements representing a substantial capital investment in the building. The restaurant expansion further supports the rehabilitation of this commercial property. Conditional Use Permit No. 2012 -13 -MOD to expand the service for a banquet facility Playground restaurant also proposes allow the expanded service are to include banquet facilities, which would allow it to be closed, or a portion of it to be closed, to the general public for private events. The intent is to operate a full service restaurant; however, private events may be allowed on certain occasions. Per the SAMC, banquet facilities must have a kitchen facility, sanitation facilities, 31 C -7 CUP Nos. 2012 -11, 2012 -12 & 2012 -13 -MOD October 28, 2013 Page 6 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 proposed expansion of the 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 expansion of the 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 expansion of the banquet facility 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. The proposed use will serve to re- tenant previously vacant portions of the building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. • As conditioned, the expansion of the banquet facility 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 expansion of the banquet facility 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 banquet facilities offers additional service 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 restaurant expansion will include a significant level of new tenant improvements representing a substantial capital investment in the building. The restaurant expansion further supports the rehabilitation of this commercial property. 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 31 C -8 CUP Nos. 2012 -11, 2012 -12 & 2012 -13 -MOD October 28, 2013 Page 7 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 220 East Fourth Street has an above average number of reported crimes when compared to all crime reporting districts based on standards established under B &P Code Section 23958.4. 220 East Fourth Street is located in Reporting District No, 185. This reporting district is 20 percent above the average reporting for all districts, which is even with the 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. 2012 -28 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit Nos. 2012 -11, 2012 -12 and 2012 -13 as conditioned. Hally Sobob sl<e Associate Planner HS :mr hsAP1ayg roun&cup 12 -11 thru112.13,pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Sergio Klot AIC Principal Plariner Exhibit 3 — Photo of location Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31 C -9 WANTEENTM sv ss p � p so ss 5 FlRif Al -B GBN LAGAWLTURALI PAfWNGM00JRMT10N CR COMEPUALRMD�AL tG COVFWMENTwgR RI RE 9NGEFAMILYRS0E47A4. �FAMILYFE,IDS CE GEM CY M-MO MMMEFOALSDUM MA 'N CCMMUNII COMMEFUAL COMM. COMMEIVAUMUSEIM Mi UaiTINDUSTPNAL M2 HRWINDUSIRAL OISIRCT MO MIUTARPORFAMONS FS R4 MUMPLEO 9WMUTFLE FAMILYF3OMM UAF'ANAFARMENM C2 GONERALOOMMUWL 0 OFEN EFACE FE RE OMALESEATE m 03A CN cffilmLB NESS P MFEMML CEINTRAL Euiv�ARII51'MLLAGE pp RANNEOO]MMUNINDMOFW PANNEDSfflNGCFWEER pm MNNED 5MUE1NTAL OEVa.OFMR.T W T 3mF1coe/dfEMENNT 9EORCRAN m ARIF &WMMEROAL !_ CUP 2012 -11, 2012 -12, & 2012 -13 THE PLAYGROUND 220 EAST FOURTH STREET - _ 500 FEET 1" =1000 FEET 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_ EXHIBIT 1 VICINITY MAP 31 C -10 5TH 4TH H w w m LA C 0 m M F c I C 0 M M R C I A L S in D m 3RD C 0 M M L R C II A L C O M M E R C I A L r STREET Z C O M M E R C I A L 0 w l7 m 7 a C O M M E R C I A L ul STREET STREET C O M M E R C I A L CUP 2012 -11, 2012 -12, & 2012 -13 (5) THE PLAYGROUND 220 EAST FOURTH STREETS, P L A N N 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 C -11 a a N L 8 0 9 LL � �1 @ W G. o a N L N f- Exhibit 3 31 C -12 r-I tl il A i 31 -3 Exhibit 4 31 C -13 11 IM I H I I % wit i 31 -3 Exhibit 4 31 C -13 11 IM I H I I m N P a N [ - J Y N 4 N y 1 C 46' -5 t j Q7 hJ o N N I Exhibit 5 31C-14 IF Ci ITV p 1 of 2 C) tJ (J J m b 9C_ P 'm z o o a EWIPIIVITPI N KII Exhibit 5 2 of 2 a o : Iii' I; jlll�c�i{iil!t��!1,4�f�1!r {jiii { i ,•ell,y��� „�,es,Iaall,g- r�Icur° , 31 C -15 Coa�,�e,cepts, Lyc. EgniPma� ��sc'n ROH - 10/28/13 RESOLUTION NO. 2013 -26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2012 -11 -MOD AS CONDITIONED TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2012 -12 -MOD AS CONDITIONED TO ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO. 2012- 13 -MOD AS CONDITIONED TO ALLOW A BANQUET USE, FOR THE PROPERTY LOCATED AT 220 EAST FOURTH STREET 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 modification to: Conditional Use Permit No. 2012 -11 -MOD to allow a Type 47 Alcoholic Beverage Control (ABC) license, Conditional Use Permit No. 2012 -12 -MOD to allow after -hours operations, and Conditional Use Permit No. 2012 -13 -MOD to allow a banquet use, for expansion of the existing restaurant into the adjacent suite, as well as the second floor, for the property located at 220 East Fourth Street. 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 September 10, 2012, the Planning Commission of the City of Santa Ana approved a Type 47 on- premise alcohol license, after hours, and banquet conditional use permits. D. On October 28, 2013, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2012 -11 -MOD, Conditional Use Permit No. 2012 -12 -MOD, and Conditional Use Permit No. 2012 -13 -MOD to modify the original conditional use permits for this property. E. The Planning Commission determines that the following findings, which must be established in order to grant modification of this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been Resolution No. 2013 -26 31 C -16 Page 1 of 15 established for Conditional Use Permit No. 2012 -11 -MOD to allow for a Type 47 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 expansion of the alcoholic beverage service area 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. 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 expansion of the alcoholic beverage service area 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 /or 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 expansion of the alcoholic beverage service area 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. In addition, the proposed use will serve to re- tenant previously vacant portions of the 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? Resolution No. 2013 -26 31 C -17 Page 2 of 15 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. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed expansion 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 restaurant expansion will include a significant level of new tenant improvements representing a substantial capital investment in the building. The restaurant expansion further supports the rehabilitation of this commercial property. F. The Planning Commission determines that the following findings, which must be established in order to grant modification of this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2012 -12 -MOD 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 expansion of the after -hours operations area 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 Resolution No. 2013 -26 31 C -18 Page 3 of 15 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. 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 expansion of the after -hours operations area 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 Spurgeon 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 expansion of the after -hours operations area 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 previously vacant portions of the 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 expansion of the after -hours operations 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? Resolution No. 2013 -26 31 C -19 Page 4 of 15 The proposed expansion of the after -hours operations area 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 restaurant expansion will include a significant level of new tenant improvements representing a substantial capital investment in the building. The restaurant expansion further supports the rehabilitation of this commercial property. G. The Planning Commission determines that the following findings, which must be established in order to grant modification of this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2012 -13 -MOD 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 expansion of the 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 expansion of the 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. Resolution No. 2013 -26 31 C -20 Page 5 of 15 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed expansion of the banquet facility 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. The proposed use will serve to re- tenant previously vacant portions of the 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 expansion of the banquet facility 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 expansion of the banquet facility 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 banquet facilities offers additional service 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 restaurant expansion will include a significant level of new tenant improvements representing a substantial capital investment in the building. The restaurant expansion further supports the rehabilitation of this commercial property. H. 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. 2012 -28 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves the modifications to Conditional Use Permit No. 2012 -11 -MOD as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein, Conditional Use Permit No. 2012 -12 -MOD as conditioned in Resolution No, 2013 -26 31 C -21 Page 6 of 15 Exhibit B attached hereto and incorporated as though fully set forth herein, and Conditional Use Permit No. 2012 -13 -MOD 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) Sean H. Mill Vice Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013 -26 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 Resolution No. 2013 -26 31 C -22 Page 7 of 15 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2012 -11 -MOD Conditional Use Permit No. 2012 -11 -MOD 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. 1. 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 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 otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. 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. 6. 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 -26 31 C -23 Page 7 of 15 CUP NO. 2012-11 MOD OCTOBER 28, 2013 PAGE 2 OF 4 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. Resolution No. 2013 -26 31 C -24 Page S of 15 CUP NO. 2012 -11 MOD OCTOBER 28, 2013 PAGE 3 OF 4 Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 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 II, 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. 23. 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 -26 31 C -25 Page 9 of 15 CUP NO. 2012-11 MOD OCTOBER 28, 2013 PAGE 4 OF 4 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 -26 31 C -26 Page 10 of 15 EXHIBIT B Conditions for Approval of Conditional Use Permit No. 2012 -12 -MOD Conditional Use Permit No. 2012 -12 -MOD 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. 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. 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. 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. There shall be no amplified sound used outside the building. Resolution No. 2013 -26 31 C -27 Page 11 of 15 CUP NO. 2012 -12 MOD OCTOBER 28, 2013 PAGE 2OF2 9. No use of delivery vehicles with more than three axels at this location. 10. This establishment must comply with Santa Ana Municipal Code Section 18 -312 related to exterior noise. 11. Trash enclosure program and a notarized, recorded Reciprocal Trash Agreement Prior to issuance of a Certificate of Occupancy. 12. Trash pickup must be scheduled for a minimum of twice per week. 13. Sign permits (both permanent and temporary) are under separate submittal. 14. Any and all outdoor patio areas shall be closed by 1:30 a.m. pursuant to this conditional use permit. Resolution No. 2013 -26 31 C -28 Page 12 of 15 EXHIBIT C Conditions for Approval of Conditional Use Permit No. 2012 -13 -MOD Conditional Use Permit No. 2012 -13 -MOD 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. 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. 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 for after hours operation is approved. 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. 7. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. Resolution No. 2013 -26 31 C -29 Page 13 of 15 CUP NO. 2012-13 MOD OCTOBER 28, 2013 PAGE 2OF2 8. There shall be no amplified sound used outside the building. 9. No use of delivery vehicles with more than three axels at this location. 10. This establishment must comply with Santa Ana Municipal Code Section 18 -312 related to exterior noise. 11. Trash enclosure program and a notarized, recorded Reciprocal Trash Agreement Prior to issuance of a Certificate of Occupancy. 12. Trash pickup must be scheduled for a minimum of twice per week. 13. Sign permits (both permanent and temporary) are under separate submittal. Resolution No. 2013 -26 31 C -30 Page 14 of 15 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 -26 itional Use Permit Nos. 2012 -11 2012 -12 and 2012 -13) in this action by 1 a true copy thereof enclosed s— e� ara envelopes acidressed 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. MARTHA RAMIREZ Resolution No. 2013 -26 31 C -31 Page 15 of 15 31 C -32