HomeMy WebLinkAbout20140113_2014-01_305E4thStUnit106ROH - 01/13/14
RESOLUTION NO. 2014 -01
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING: CONDITIONAL
USE PERMIT NO. 2013 -47 AS CONDITIONED TO ALLOW
AFTER -HOURS OPERATION AND CONDITIONAL USE
PERMIT NO. 2013-48 AS CONDITIONED TO ALLOW A
TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE
FOR THE PROPERTY LOCATED AT 305 EAST FOURTH
STREET. SUITE 106
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 -47 to
allow after -hours operations and Conditional Use Permit No. 2013 -48 to
allow a Type 41 Alcoholic Beverage Control (ABC) license for the property
located at 305 East Fourth Street, Suite 106.
B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use
permit for: businesses operating between the hours of 12:00 a.m. and
7:00 a.m. and the sale of alcoholic beverages for on -site consumption.
C. On January 13, 2014, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2013 -47 and Conditional Use
Permit No. 2013 -48.
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 -47 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 operations will provide an ancillary
service to individuals that wish to have a late night meal.
This will thereby benefit the community by providing a food -
related amenity offering service past 12:00 midnight, which
is consistent with that of other restaurants in Downtown.
Conditions have been placed on this operation to mitigate
Resolution No. 2014 -01
Page 1 of 11
any potential problems created by the after -hours operation
to ensure that service past 12:00 midnight will not negatively
impact the surrounding community, such as requiring the
establishment to maintain a complete food menu past
midnight, disallowing outdoor restaurant activity, and limiting
amplified sound to within the building past midnight.
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 after -hours operations will not be detrimental
to those living or working in the area because conditions
have been placed to mitigate any negative impacts on the
community. These conditions are consistent with other
eating establishments that have similar hours of operation
and similar operational conditions. Further, the building's
location along the east end of Fourth Street mitigates several
possible impacts from late -night operations; the location is
located away from sensitive residential uses and is
surrounded by other commercial uses and public facilities.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The project site is situated along a commercial corridor that
is appropriate for the proposed commercial use. The
establishment of this restaurant within a vacant tenant space
promotes a balance of land uses that enhances the City's
economic and fiscal viability. Providing a variety of land
uses in the area strengthens the economic base of the City
and the Downtown area and affects the economic stability of
the area in a positive manner.
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 an
eating establishment pursuant to Chapter 41 of the Santa
Ana Municipal Code and the Transit Zoning Code (SD84)
zoning provisions. The establishment will contain the
necessary equipment to quality as an eating establishment.
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
Resolution No. 2014 -01
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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 and more diverse dining options for Santa
Ana residents and visitors. Policy 2.9 of the Land Use
Element supports developments that create a business
environment that is safe and attractive. Conditions of
approval have been placed on this conditional use permit
and the proposed Type 41 ABC license that will maintain a
safe and attractive environment in Downtown Santa Ana.
Finally, Policy 5.5 of the Land Use Element encourages
development that is compatible with and supporting of
surrounding land uses. The Wurst Haus is proposed in a
commercial area and its operations will be compatible with
the surrounding commercial businesses.
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 -48 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 Type 41 alcoholic beverage control license
(ABC) will provide an ancillary service to the restaurant's
customers by allowing them the ability to purchase beer and
wine with their food. This will thereby benefit the community
by providing a restaurant with an additional and
complementary food - related amenity. Conditions have been
placed on the alcoholic beverage control license which will
mitigate any potential impacts created by the use and ensure
that the use will not negatively affect the surrounding
community. The Wurst Haus will offer a unique menu
product, diversifying the range of goods and services
available to the Downtown and Citywide patrons.
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 Type 41 ABC 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 on the alcoholic
beverage control license that will mitigate any potential
negative or adverse impacts created by the use. This is a
Resolution No. 2014 -01
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bona -fide eating establishment and the addition of alcohol
will be ancillary to the main use. In addition, the use will
primarily occur within the interior of the premises with no
outdoor dining. The sale of alcohol in both portions of the
restaurant is intended to be incidental to the restaurant use.
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 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 an 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 utilize 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 West End Theater has undergone a
Resolution No. 2014 -01
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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 2.9 of the Land Use
Element supports developments that create a business
environment that is safe and attractive. Conditions of
approval have been placed on the proposed Type 41 ABC
license that will maintain a safe and attractive environment in
Downtown Santa Ana. Finally, Policy 5.5 of the Land Use
Element encourages development that is compatible with
and supporting of surrounding land uses. The Wurst Haus
will be located in a commercial area and its operations will
be compatible with the surrounding commercial businesses.
F. In accordance with the California Environmental Quality Act the
recommended action is exempt for further review per Section 15301. The
Class 1 exemption allows the licensing of existing facilities with no
expansion of the existing use. Categorical Exemption Environmental
Review No. 2013 -97 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2013 -47 as conditioned
in Exhibit A attached hereto and incorporated as though fully set forth herein and
Conditional Use Permit No. 2013 -48 as conditioned in Exhibit B 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 January 13, 2014 and exhibits attached thereto; and
the public testimony, all of which are incorporated herein by this reference.
ADOPTED this 13th day of January 2014 by the following vote:
AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval
(6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Alderete(1)
ABSTENTIONS: Commissioners: None (0)
Resolution No. 2014 -01
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�
.Mill
Vice Chairman
APPROVED AS TO FORM:
Sonia R. Carvalho, 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. 2014 -01 to be the original resolution adopted by
the Planning Commission of the City of Santa Ana on January 13, 2014
Date: / � 61 %
(,y
Secretary of the Planning Co ission
City of Santa Ana
Resolution No. 2014 -01
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EXHIBIT A
Conditions for Approval of Conditional Use Permit No. 2013 -47
Conditional Use Permit No. 2013 -47 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.
2. There will be no outdoor restaurant activity after midnight.
3. All exterior lighting will be directed towards the restaurant and /or sidewalk and not
towards other properties.
4. There shall be no amplified sound used outside the building.
5. 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.
6. Operation hours are limited to 11:00 a.m. to 4:00 a.m. Added by Planning
Commission on January 13, 2014
Resolution No. 2014 -01
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Conditions for Approval of Conditional Use Permit No. 2013 -48
Conditional Use Permit No. 2013 -48 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 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 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. 2014 -01
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JANUARY 13, 2014
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.
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, is prohibited or 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. 2014 -01
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JANUARY 13, 2014
PAGE 3OF4
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 Section 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. The 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; 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 in the immediate adjacent area that is owned, leased, rented or used
under agreement by the Licensee(s); verifying age /checking identification of
patrons; warning patrons of reaching their drinking limit/potential intoxication and
refusing to serve; calling the police regarding observed or reported criminal activity
and the management of queuing lines.
Resolution No. 2014 -01
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JANUARY 13, 2014
PAGE 4 OF 4
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.
25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of
the gross floor area of the licensed establishment. The sale ^' beverage
Modified by Planning
Commission on January 13, 2014
26. Alcoholic beverages in containers of less than 16 oz. cannot be sold by single
containers, but must be sold in pre - packaged multi -unit quantities.
Resolution No. 2014 -01
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