HomeMy WebLinkAbout31D - CUP 206 N BROADWAY UNITS A AND BREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 18, 2013
TITLE:
CONDITIONAL USE PERMIT NO. 2013 -45 TO
ALLOW A TYPE 41 ALCOHOLIC BEVERAGE
CONTROL LICENSE FOR AU NATURAW
RESTAURANT AT 206 NORTH BROADWAY,
UNITS A AND B - WILLIAM MASON, APPLICANT
2/ /'O 1
CITY MANAGER 2
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s` Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2013 -45 as conditioned.
PLANNING COMMISSION ACTION
On October 28, 2013, the Planning Commission adopted a resolution approving Conditional Use
Permit No. 2013 -45 as conditioned by a vote of 7:0 for a Type 41 Alcoholic Beverage Control
(ABC) license for the on- premise sale and consumption of beer and wine at the Au Naturaw
Restaurant at 206 North Broadway, Units A and B located in the Transit Zone Downtown (SD -84)
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 serve beer and wine as an ancillary service to
their operations.
FISCAL IMPACT
There is no fiscal impact associated with this action.
qkA
a M. Trevino
Executive Director
Planning & Building Agency
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Exhibit: A. Planning Commission Staff Report
31 D -1
31 D -2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
OCTOBER 28, 2013
TITLE:
PUBLIC HEARING — FILED BY WILLIAM MASON
FOR CONDITIONAL USE PERMIT NO. 2013-45 TO
ALLOW A TYPE 41 ALCOHOLIC BEVERAGE
CONTROL LICENSE FOR AU NATURAW
RESTAURANT AT 206 NORTH BROADWAY,
UNITS A AND B
Prepared by Hally Soboleske
Executive Director
s «
PLANNING COMMISSION SECRETARY
APPROVED
•
As Recommended
•
As Amended
❑
Set Public Hearing For
DENIED
•
Applicant's Request
•
Staff Recommendation
CONTINUED TO
Planning Manav
Adopt a resolution approving Conditional Use Permit No. 2013 -45 as conditioned.
DISCUSSION
Request of Applicant
William Mason Is requesting approval of a conditional use permit for the Au Naturaw restaurant at
206 North Broadway, Units A and B. 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).
Project Location and Site Description
The Au Naturaw restaurant has been in operation since 2012 within an existing 2,351square foot
tenant space that is located at 206 North Broadway in Suite A. The applicant proposes to expand into
an adjacent suite thereby adding 1,048 square feet to the restaurant for a total of 3,399 square foot
facility, The building itself is the historic Empire Market building constructed in 1933 and is listed on
the Santa Ana Register of Historical Properties The site is surrounded by commercial land uses to the
east, north and south, along with multi - family residential immediately west of the site (Exhibits 1, 2 and
3).
EXHIBIT A
31 D -3
Conditional Use Permit No. 2013 -45
October 28, 2013
Page 2
Project Description
Au Naturaw is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the
on- premise consumption of beer and wine at an existing restaurant. The restaurant is a full - service,
sit -down eating establishment that will have 49 seats. The on- premise sale of alcoholic beverages
is intended to provide a service ancillary to the primary restaurant use. The proposed hours of
operation for the restaurant are from 10:00 a.m. to 11:00 p.m. seven days a week.
The storage area for alcoholic beverages will be located within a cooler near the rear of the restaurant.
The overall storage area for alcoholic beverages is approximately 70 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
Au Naturaw is an existing restaurant that specializes in organic, vegan, vegetarian, and raw cuisine.
Since opening in 2012, the business has done well and would like to expand into the adjacent vacant
tenant space. Additionally, the applicant would like to serve biodynamic wines and organic beer to
augment their meals and to remain competitive with other restaurants in the area.
General Plan and Zoning Congistency
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, and is consistent with the SD -84
zoning designation.
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.
31 D -4
Conditional Use Permit No. 2013 -45
October 28, 2013
Page 3
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 permit.
Au Naturaw 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 and wine with their food. The Type 41
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 license for the on -sale consumption of beer and wine 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 space, thereby decreasing the number of vacant tenant spaces that may affect
the economic stability of the area.
31 D -5
Conditional Use Permit No. 2013 -45
October 28, 2013
Page 4
• As conditioned, the proposed project will be in compliance with all applicable regulations and
conditions imposed on a restaurant selling beer and wine 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 expansion of
the restaurant and tenant improvements represents a significant capital investment in the
building. The re- tenanting of a portion 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 Empire Market building
is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of
this building supports its retention and reuse.
Police Department Anaivsis
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 206 North Broadway has an above average number of
reported crimes when compared to all crime reporting districts based on standards established
under Business and Professional (B &P) Code Section 23958.4.
206 North Broadway is located in Reporting District No. 165. This district is above average in
police- related incidents and ranks 3rd out of 102 citywide reporting districts. The proposed
restaurant is also immediately adjacent to residential property, within 944 feet of church property,
within 309 feet of a park, and within 646 feet of a school. This reporting district is 40 percent above
the average reporting for all districts, which is above the 20 percent threshold established by the
31 D -6
Conditional Use Permit No. 2013 -45
October 28, 2013
Page 5
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 -90 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 No. 2013 -45 as conditioned.
,1^
Hally Sob6leske
Associate Planner
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Attachments:
Exhibit 1 — Vicinity Map
Exhibit 2 — Location Map
Exhibit 3 — Photo of location
Exhibit 4 — Site Plan
Exhibit 5 — Floor Plan
31 D -7
Sergio Klotz, AI F1.
Principal Planner
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31 D -9
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ROH — 10/21/13
RESOLUTION NO. 2013 -27
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2013 -45 TO ALLOW A TYPE 41
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE
PROPERTY LOCATED AT 206 NORTH BROADWAY,
UNITS A AND 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. The applicant is requesting approval of Conditional Use Permit No. 2013-
45 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on-
premise consumption of beer and wine at the restaurant located at 206
North Broadway, Units A and B.
B. Conditional Use Permit No. 2013 -45 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
October 28, 2013.
C. Santa Ana Municipal Code Section 41 -196 requires a conditional use
permit for the sale of alcoholic beverages for on -site consumption.
D. Santa Ana Municipal Code Section 41 -638 authorizes the Planning
Commission to approve a conditional use permit upon making certain
findings:
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The proposed alcoholic beverage license will provide for an
ancillary service to the restaurant's customers by allowing
them the ability to purchase beer and wine with their food.
The Type 41 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.
Resolution No. 2013 -27
Page 1 of 8
31 D -13
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
and wine 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.
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
space, 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 and wine 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 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
Resolution No. 2013 -27
Page 2 of 8
31D-14
investment. The expansion of the restaurant and tenant
improvements represents a significant capital investment in
the building. The re- tenanting of a portion 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 Empire Market 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. 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 -90 will be filed for
this project.
Section 2. The Planning Commission of the City of Santa Ana hereby
approves Conditional Use Permit No. 2013 -45 as conditioned in Exhibit "A" attached
hereto and incorporated herein. This decision is based upon the evidence submitted at
the above said 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 28 day of October 2013 by the following vote:
AYES: Commissioners: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle,
Yrarrazaval (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
Eric Alderete
Chairman
Resolution No. 2013 -27
Page 3 of 8
31 D -15
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 -XX 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 D -16
Resolution No. 2013 -27
Page 4 of 8
Conditions for Conditional Use Permit No. 2013 -45
Conditional Use Permit Nos. 2013 -45 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
the 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 the 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 -27
Page 5 of 8
31 D -17
Conditional Use Permit No. 2013 -45
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.
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. If located on public
property those barriers 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.
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 -27
Page 6 of 8
31 D -18
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 be located in required landscape
planters. Prior to issuance of Letter of Approval to the 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: handling
obviously intoxicated persons; establishing a reasonable ratio of employees to
patrons, based upon activity level, in order to monitor beverage sales and patron
behavior; 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); verifying the age /checking identification
of patrons for purposes; warning patrons of reaching their drinking limit/potential
Resolution No. 2013 -27
Page 7 of 8
31 D -19
Conditional Use Permit No. 2013 -45
October 28, 2013
Page 4 of 4
intoxication and refusing to serve; calling the police regarding observed or reported
criminal activity and the management of queuing lines.
24. The operator shall be responsible for submitting a detailed outdoor fencing and
dining plan where the outdoor dining is proposed as part of the business operation.
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 -27
Page 8 of 8
31 D -20