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HomeMy WebLinkAbout20140527_2014-17_120WFifthStROH - 05/27/14 RESOLUTION NO. 2014 -17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2014 -11 AS CONDITIONED TO ALLOW AFTER -HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2014-12 AS CONDITIONED TO ALLOW INDOOR COMMERCIAL RECREATION FOR THE PROPERTY LOCATED AT 120 WEST FIFTH 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: Conditional Use Permit No. 2014 -11 to allow after -hours operations and Conditional Use Permit No. 2014 -12 to allow indoor commercial recreation for the property located at 120 West Fifth Street. 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 establishments that provide indoor commercial recreation. C. On May 27, 2014, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -11 and Conditional Use Permit No. 2014 -12. 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. 2014 -11 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 adults wishing to patronize the facility past 12:00 midnight and will enhance the facility's economic viability by allowing it to offer services that compete with other similar facilities where patrons currently take part in similar events. After -hours operations are an integral component of the tenant's business model, allowing its patrons to compete Resolution No. 2014 -17 Page 1 of 13 against players in other time zones across the globe. Moreover, the proposed hours of operation are consistent with those of many entertainment and dining venues in Downtown, contributing to the overall vitality of Downtown Santa Ana. Conditions have been placed on this operation to mitigate any potential problems created by the after -hours operation to ensure that service past midnight will not negatively impact the surrounding community, such as requiring the establishment to maintain on- premise security staff, provide security technology, and comply with the City's curfew laws. Further, measures will be taken to limit 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 establishments of a similar nature that have similar hours of operation and similar operational conditions. Further, the building's location along the Fifth Street commercial corridor mitigates several possible impacts from late -night operations as the site is located away from sensitive residential uses and is surrounded by other commercial uses and public facilities. Finally, the establishment will remain in compliance with the City's curfew laws, and the operators will utilize age- verification means to ensure that minors are not present during times that conflict current laws. 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 venue 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. By providing this service, the facility will also be able to attract patrons during event day /arena -style configurations, further enhancing its economic viability. The proposed use complements the existing mix of uses in the Downtown area, providing an additional opportunity for recreation in the City while allowing Resolution No. 2014 -17 Page 2 of 13 the patrons at the facility to support other businesses in the immediate vicinity, such as retail stores, service uses, and restaurants. 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 establishment that offers after -hours operations to members of the public 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 ensure the security of patrons and compliance with State and local laws for curfew, prevention of illegal gaming, noise abatement, and other potential impacts. 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 uses in Downtown with extended hours of operation offers additional commercial activity options for Santa Ana residents and visitors. The granting of this conditional use permit also contributes to the development of Downtown Santa Ana as a regional destination. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The Ramona Building has undergone a significant amount of rehabilitation in anticipation of the proposed use. eSports Arena's tenancy will help ensure the long -term maintenance of the building, which contains "Key' status on the local register of historic buildings. Further, 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 conditional use permit for indoor commercial recreation 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 proposed facility will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. Resolution No. 2014 -17 Page 3 of 13 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. 2014 -12 to allow for indoor commercial recreation: 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 indoor commercial recreation venue will provide a service to the community by allowing an additional recreational use within the City and by adding a use to Downtown that will complement the existing commercial uses, such as retail and dining, within the vicinity. The computer gaming and spectator facility has the potential to draw clientele from local areas as well as from afar, enhancing the commercial base of downtown and enhancing the viability of other commercial uses in the area. Conditions of approval will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The eSports Arena facility will offer a range of services that includes computer gaming over a secure local area network, spectator /arena -style events, and a retail component. This unique use will contribute to the diversification of 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 conditional use permit for a computer gaming and spectator facility at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the use that will mitigate any potential negative or adverse impacts created by the typical and event day configurations. The tenant, eSports Arena, will maintain the technology, procedures, and staffing required in order to ensure that the facility remains compliant with local and State laws. In addition, the use will occur within the interior of the premises, with no outdoor operations proposed at the location. Staff and security personnel will maintain the area's order, preventing impacts to adjacent sidewalks or streets from pedestrian activity or vehicular circulation. The tenancy of the Ramona Building, located on one of Downtown's most important corridors, will enhance the safety of the immediate vicinity by reducing Resolution No. 2014 -17 Page 4 of 13 vacancy at the site and bringing more activity to the area, thereby enhancing security in the surrounding area. 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 facility to operate, thereby reducing the vacancy rate in the Ramona Building and creating the possibility for patrons to support other local, complementing uses such as retail stores, service uses, or restaurants. The tenant suites in which eSports Arena is proposed have undergone significant investment in order to modernize the building in preparation for a high - technology use such as eSports Arena. The conditional use permit will allow eSports Arena to operate, enhancing the economic viability of the Ramona Building, and contributes to the overall success of Santa Ana's Downtown by reducing vacancies, promoting the success of a local business, and allowing the facility's patrons the ability to support other local businesses. 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 computer gaming and spectator facility pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be primarily maintained as a computer gaming facility, with technology and staff available to ensure that the use remain in compliance with the City's curfew laws and with the standards in place for venues that offer computers for skill - based gaming for use to the general public. 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 venue that offers computer gaming and an arena for special events offers additional recreation options for Santa Ana residents and visitors. The granting of this conditional use permit also contributes to the development of Downtown Santa Ana as a regional destination. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial Resolution No. 2014 -17 Page 5 of 13 properties, and encourages increased levels of capital investment. The Ramona Building has undergone a significant amount of rehabilitation in anticipation of the project, with additional improvements intended to restore the building to its original nature. The tenancy of eSports Arena within the Ramona Building will help ensure the long -term maintenance of the historic building, which contains "Key" status on the local register of historic buildings. Further, 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 computer gaming and spectator facility that will maintain a safe and attractive environment in Downtown Santa Ana. Complementing this, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The facility will be located in a commercial area and its operations will complement and will be compatible with the surrounding commercial businesses. Finally, Goal 2 of the Economic Development Element supports maintaining and enhancing the diversity of the City's economic base. The proposed use supports Policy 2.1 of this Element, creating the potential for a high - growth business cluster that could attract high - technology businesses and vendors to the project's vicinity, and Policy 2.3, encouraging the development of mutually beneficial and supportive business clusters. The proposed computer gaming and spectator facility will attract patrons who may continue to support other commercial services in Downtown Santa Ana's thriving retail, service, and restaurant areas. 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 operation, repair, maintenance, permitting, or leasing of existing structures. Categorical Exemption Environmental Review No. 2013 -100 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. 2014 -11 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein and Conditional Use Permit No. 2014 -12 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 May 27, 2014 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2014 -17 Page 6 of 13 ADOPTED this 27th day of May, 2014 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: V Ryan 0. odg Assistan itytorney Chairman CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2014 -17 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 27, 2014. Date: Acting Recording Secretary of the Planning Commission City of Santa Ana Resolution No. 2014 -17 Page 7 of 13 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2014 -11 Conditional Use Permit No. 2014 -11 for after -hours operations 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 computer gaming and spectator facility only. 2. After -hours operations until 2:00 a.m. are only permitted for event day, arena -style configurations only, subject to the provisions of Condition No. 3. (Added by the Planning Commission on May 27, 2014.) 3. The establishment shall submit an annual program /schedule to the Planning Division, Police Department, and Public Works Agency that contains details on proposed or scheduled events, including the type of event, relevant groups /organizations, dates, hours and duration, expected attendance, and any other pertinent information. If a new event arises that is not part of the submitted annual program /schedule, the establishment shall provide the agencies listed above with such information at least 30 days in advance. 4. Any and all existing or new lighting on the building's exterior must be maintained in working order. 5. There shall be no amplified sound used outside the building. 6. The computer gaming and spectator facility shall comply with the City's noise ordinance at all times. 7. Minors /those under eighteen (18) years of age shall not be permitted to enter or remain in the establishment during the following periods unless accompanied by a parent or legal guardian: a. Between 8:00 a.m. and 3:00 p.m., or after 10:00 p.m. on Monday through Friday of each week; Resolution No. 2014 -17 Page 8 of 13 Saturday and Sunday after 10:00 p.m. C. The above weekday daytime hours of restriction shall not apply to vacation days or school holidays as established by any public school district or private school, kindergarten through twelfth grade, operating within the city. Notice of these hours of restriction for minors shall be posted at all building entrances in lettering of at least two (2) inches in size. Resolution No. 2014 -17 Page 9 of 13 EXHIBIT B Conditions for Approval of Conditional Use Permit No. 2014 -12 Conditional Use Permit No. 2014 -12 for indoor commercial recreation as a computer gaming and spectator facility 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 prior 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. A. Planning and Building Agencv 1. The premises shall at all times be maintained as computer gaming and spectator facility. 2. The establishment shall submit an annual program /schedule to the Planning Division, Police Department, and Public Works Agency that contains details on proposed or scheduled events, including the type of event, relevant groups /organizations, dates, hours and duration, expected attendance, and any other pertinent information. If a new event arises that is not part of the submitted annual program /schedule, the establishment shall provide the agencies listed above with such information at least 30 days in advance. 3. The computer gaming and spectator facility shall comply with the City's noise ordinance at all times. 4. The sales, service, and consumption of alcoholic beverages shall be subject to the issuance of a separate conditional use permit. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on the subject property or any property adjacent to the premises. 5. Minors /those under eighteen (18) years of age shall not be permitted to enter or remain in the establishment during the following periods unless accompanied by a parent or legal guardian: a. Between 8:00 a.m. and 3:00 p.m., or after 10:00 p.m. on Monday through Friday of each week; b. Saturday and Sunday after 10:00 p.m. Resolution No. 2014 -17 Page 10 of 13 C. The above weekday daytime hours of restriction shall not apply to vacation days or school holidays as established by any public school district or private school, kindergarten through twelfth grade, operating within the city. d. Notice of these hours of restriction for minors shall be posted at all building entrances in lettering of at least two (2) inches in size. 6. The facility shall not operate between 12:00 midnight and 7:00 a.m. unless in conjunction with an approved after -hours conditional use permit and the conditions of approval therein. 7. "No loitering" signs shall be posted at the front and rear entrances of the business. In addition, a waiting area shall be provided for customers waiting to use a computer. No outside seating area is permitted. 8. Employees shall be at least twenty -one (21) years of age after 10:00 p.m. and shall be at least eighteen (18) years of age during all other times. 9. Occupancy shall not exceed that required under the uniform building code and uniform fire code, and the maximum occupancy load shall be posted at the main entrance. 10. The establishment shall maintain and operate a camera /video surveillance system with recording capability during all business hours. The system shall cover the entire interior of the premises and all entrances to and exits from the establishment. The camera /video surveillance system shall be capable of delineating on playback of the system the activity and physical features of persons or areas within the premises. a. Recordings shall be kept a minimum of seventy -two (72) hours. b. The business owner shall permit the city to inspect the recordings during business hours. The system shall be maintained in good working order, including the running of the tapes, disks, or other digital media. C. A sign shall be posted inside and at the entrance to the establishment indicating that the premises are under camera /video surveillance. d. The Police Department shall be granted access through an IP -based system to all surveillance systems. 11. The business operator, at his /her expense shall provide a California licensed uniform security guard on the premises Monday through Friday between 4:00 p.m. and closing, and Saturday through Sunday between 12:00 p.m. and closing, at a rate of one guard per one - hundred (100) patrons, with a minimum of one present, during all special events. Resolution No. 2014 -17 Page 11 of 13 a. The chief of police is authorized to require a specific owner /operator to provide a security guard(s) on the premises at other hours of the day in the event that there are significant calls for service relating to assaults, gang related activity, weapons offenses, disturbances, and juvenile related crime, including truancy, or other good cause. b. Any decision of the chief of police may be appealed to the city council. Any appeal shall be made within ten (10) calendar days following the date of the decision by the chief of police. Further, such appeal period shall end at 5:00 p.m. on the tenth calendar day following such date of the written decision by the chief of police. If such tenth calendar day ends on a Saturday, Sunday or holiday, the 10 -day period shall end at 5:00 p.m. on the next regular business day. C. All appeals shall be in writing and on forms provided by the planning department and shall specify wherein there was any error of decision or requirement by the chief of police. Furthermore, a copy of such appeal shall be filed with the planning department and the clerk of the council. d. Upon receipt of such appeal, the planning department shall set the matter for hearing by the city council. e. The city council may, after public hearing, affirm, reverse, change, or modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by this chapter. Such decision shall be filed with the clerk of the council, and the planning department; one (1) copy thereof shall be sent to the applicant. 12. During those times when patrons are restricted to 18 years of age or older, the applicant shall at all times utilize an age verification means or device to ensure compliance with the City's curfew laws. 13. Queuing lines outside the facility shall be managed in an orderly manner and all disruptive patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. 14. Outdoor queuing lines 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. 15. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays or furniture near windows shall not exceed three feet in height. Resolution No. 2014 -17 Page 12 of 13 16. Interior lighting shall be maintained at a minimum of thirty (30) footcandles of light during typical day configurations when the facility is used as a computer gaming facility. 17. 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. 18. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. Any adult entertainment or access to pornography is prohibited. 19. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the establishment. 20. Install a silent armed robbery alarm. 21. Any activities or tournaments that meet State definitions and that conflict with State laws on gambling, including "games of chance," are strictly prohibited. 22. There shall be no coin - operated games maintained on the premises at any time. 23. This conditional use permit serves to approve an indoor computer gaming and spectator facility only. Any change in type of indoor commercial recreation as defined by SAMC Sections 41 -142 and 41 -2080 is subject to approval of a new conditional use permit. B. Public Works Agency 1. A new wheelchair ramp shall be constructed at the southeast corner of Fifth Street and Sycamore Street per Public Works Agency standards. 2. Drop -offs and /or pickups are prohibited along Fifth Street. No double - parking is permitted at any time along any City streets. 3. A staff member or third -party security guard or traffic attendant shall be present at all times during high - volume periods of business or event day configurations to ensure that disruptions to vehicular, pedestrian, or cyclist circulation is minimized on streets and sidewalks within the project vicinity. Resolution No. 2014 -17 Page 13 of 13