HomeMy WebLinkAbout31A - CUP - 202 N BROADWAYSEPTEMBER 2, 2014
TITLE:
CONDITIONAL USE PERMIT NO. 2013 -21 TO ALLOW
A TYPE 41 ALCOHOL BEVERAGE CONTROL
LICENSE, CONDITIONAL USE PERMIT NO. 2013 -22
TO ALLOW AFTER -HOURS OPERATION AND
CONDITIONAL USE PERMIT NO. 2013 -23 TO ALLOW
A BANQUET USE AT LAST CALL ON BROADWAY
RESTAURANT LOCATED AT 202 NORTH BROADWAY
- KAHROBA AYAZI, APPLICANT
!� v U
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 15' Reading
❑ Ordinance on 2n° Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2013 -21, Conditional Use
Permit No. 2013 -22 as conditioned, and Conditional Use Permit No. 2013 -23 as conditioned.
PLANNING COMMISSION ACTION
On August 11, 2014, the Planning Commission adopted a resolution approving Conditional Use
Permit No. 2013 -21 for a Type 41 Alcoholic Beverage Control license in order to sell beer and
wine for on- premise consumption; Conditional Use Permit No. 2013 -22 as conditioned to allow
business operations until 2:00 a.m.; and Conditional Use Permit No. 2013 -23 as conditioned to
allow a banquet use by a vote of 5:0 (Nalle and Yrarrazaval absent) for the Last Call on
Broadway restaurant to be located at 202 North Broadway in the Transit Zoning- 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
Kahroba Ayazi, proprietor for Last Call on Broadway Restaurant, is requesting approval of three
conditional use permits (CUP) to allow a Type 41 Alcoholic Beverage Control (ABC) license for
the on- premise sale and consumption of beer and wine, to allow business operations until 2:00
a.m., and allow a banquet use. The restaurant will offer various types of hot and cold healthy
sandwiches, salads, and desserts, and will be open for lunch and dinner. Full -sized plans are
available for public viewing in the Clerk of the Council Office.
31A-1
CUP Nos. 2013 -21, 2013 -22 & 2013 -23
September 2, 2014
Page 2
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development,
Objective No. 2 (create new opportunities for business /job growth and encourage private
development through new General Plan and Zoning Ordinance policies).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Karen Haluza
Interim Executive Director
Planning & Building Agency
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ns:PieWoodFired /LastCallOnSro dway /CUP1321,22,23.ao
Exhibit: A. Planning Commission Staff Report
31A-2
REQUEST FAR
Planning Commission Action
PLANNING COMMISSION MEETING DATE;
AUGUST 11, 2014
TITLE:
PUBLIC HEARING — FILED BY KAHROBA AYAZI
FOR CONDITIONAL USE PERMIT NO. 2013 -21 TO
ALLOW A TYPE 41 ALCOHOL BEVERAGE CONTROL
LICENSE, CONDITIONAL USE PERMIT NO. 2013-22
TO ALLOW AFTER -HOURS OPERATION, AND
CONDITIONAL USE PERMIT 2013 -23 TO ALLOW A
BANQUET USE AT LAST CALL ON BROADWAY
RESTAURANT LOCATED AT 202 NORTH BROADWAY
Prepared by Hall)LS(?boleske
Interim Executiv irector
PLANNING COMMISSION SECRETARY
APPROVED
•
As Recommended
•
As Amended
•
Set Public Hearing For
DENIED
•
Applicant's Request
•
Staff Recommendation
CONTINUED TO
Acting Panning Mar ger
1. Adopt a resolution approving Conditional Use Permit No. 2013 -21 to allow a Type 41 ABC license.
2. Adopt a resolution approving Conditional Use Permit No. 2013 -22 as conditioned to allow business
operations until 2:00 a.m,
Adopt a resolution approving Conditional Use Permit No. 2013 -23 as conditioned to allow a
banquet use.
DISCUSSION
Request of Applicant
Kahroba Ayazi, proprietor for Last Call on Broadway Restaurant, is requesting approval of a
conditional use permit (CUP) to allow a Type 41 Alcoholic Beverage Control (ABC) license for the
on- premise sale and consumption of beer and wine at a new restaurant. Establishments that sell
alcoholic beverages require a conditional use permit pursuant to Section 41 -196 of the Santa Ana
Municipal Code (SAMC). The applicant is also requesting approval of a CUP to allow business
operations until 2:00 a.m. per Section 41 -2007 of the SAMC and to allow a banquet use pursuant to
Section 41 -2008 of the SAMC.
Prolect Location and Site Description
Last Call on Broadway is proposed to be located within the existing historic Empire Market Building at
the northwest corner of Broadway and Second Street. The lot is approximately 12,000 square feet in
size, and is developed with a two -story 22,000 square foot commercial building. The suite this
restaurant proposes to occupy is 2,728 square feet on the ground floor and the kitchen facility is
EXHIBIT A
31A-3
CUP Nos. 2013 -21, 2013 -22 & 2013 -23
August 11, 2014
Page 2
proposed in the mezzanine. The Empire Market Building is designated on the Santa Ana Register of
Historical Properties in 2001. Last Call on Broadway is proposed to be located immediately north of
the C4 Deli. Surrounding land uses include commercial /office to the north, east and south, and
residential on the upper floors further north on the block and across the alley to the west (Exhibits 1, 2
and 3).
Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project
vicinity indicates there are currently 12 ABC licenses located within 500 feet of the project site in
addition to the proposed license, These 12 ABC licenses include three Type 41 licenses, (on -sale
beer and wine), six Type 47 ABC licenses (on -sale beer, wine and distilled spirits), one Type 42
license (public premise beer and wine only), one Type 48 (public premise beer, wine and distilled
spirits), and one Type 23 license (brewery). However, this information does not affect the analysis or
recommendation contained in this report.
Project Description
Last Call on Broadway proposes to occupy a suite on the ground floor of the Empire Market Building
as well as an interior mezzanine within the same space. The mezzanine will be used for the kitchen.
The building has traditionally contained a mixture of commercial uses, including retail, office and
service uses. The use that previously occupied the subject tenant space was Theater Out, and they
vacated in 2009; however, other tenants will continue to occupy other spaces on all levels. The suite is
2,728 square feet.
In conjunction with the new restaurant; the applicant is requesting approval of a Type 41 Alcoholic
Beverage Control (ABC) license to allow the on- premise consumption of beer and wine to patrons at
the restaurant. The restaurant will be a full service, sit -down eating establishment that will hold
approximately 45 seats within its dining room plus approximately eight more on standing tables. No
outdoor seating is proposed at this time. The on- premise sale of alcoholic beverages to customers,
which requires a CUP, is intended to provide a service ancillary to the primary restaurant use.
Overall alcohol storage and display areas will contain approximately 34 square feet, which is less than
five percent of the floor area 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).
The proposed hours of operation for the restaurant are Sunday to Thursday from 11:00 a.m. to 2:00
a.m. seven days a week. Operations past 12:00 midnight in the Transit Zoning Code (SD -84)
require approval of a separate CUP.
31A-4
CUP Nos. 2013 -21, 2013 -22 & 2013 -23
August 11, 2014
Page 3
Project Backaround
The Empire Market Building was constructed in the Art Deco style in 1933 at a time when Art
Deco /Streamline Moderne styles of architecture were very popular. The building has been occupied
by a variety of retail businesses and office uses on the upper floors. The Last Call on Broadway
restaurant will be an independently owned restaurant specializing in small plate cuisine, salads, and
hot sandwiches. The previous tenant was a theater.
General Plan and Zoning Consistency
The General Plan land use designation for the site is District Center (DC). District Center areas are
designed to serve as anchors for the City's commercial corridors, and to accommodate major
development activity. District Centers are to be developed with an urban character including a mix of
office, commercial and residential land uses including other restaurants with ABC licenses. The
project site is consistent with this General Plan land use designation.
The zoning for the site is the Transit Zoning Code's Specific District 84 (SD -84). The SD -84 zoning
district allows for retail and service uses such as restaurants, making the proposed use consistent
with the zoning code.
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 will not adversely 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.
31A-5
CUP Nos. 2013 -21, 2013 -22 & 2013 -23
August 11, 2014
Page 4
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 requests, staff believes that the following findings of fact
warrant approval of the conditional use permits.
Conditional Use Permit No. 2013 -21 —Type 41 ABC license:
The Last Call on Broadway Restaurant 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 alcohol beverage license will provide an ancillary service to the restaurant customers
by allowing them the ability to purchase beer, wine and distilled spirits with their food. This will
thereby benefit the community by providing a restaurant with an additional and complementary
food - related amenity. Standards 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 proposed license for the on -sale consumption of alcohol at this location will not be detrimental
to persons residing or working in the vicinity because the applicable standards for an on -sale
alcoholic beverage control license will mitigate any potential negative or adverse impacts created by
the use. In addition, the use will occur within the premises and is incidental to an established bona
fide eating establishment use.
The proposed use will not adversely affect the economic stability of the area, but will instead allow
the restaurant to compete with other restaurants in the area that also offer full alcoholic beverages
for sale to their guests and other visitors, Additionally, the ABC license will allow the restaurant to
be economically viable and contribute to the success of the Downtown area.
The proposed project will be in compliance with all applicable regulations and conditions imposed
on a restaurant selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code (Exhibit 6),
The facility has the kitchen facility necessary to be considered a bona fide restaurant use and is
eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the
restaurant will utilize less than five percent of the gross floor area for the storage of alcoholic
beverages, which is below the maximum threshold established by the Municipal Code.
The proposed use will not adversely affect the General Plan. Policy 1.8 of the Land Use
Element encourages a balance of land uses to address basic community needs through
encouraging commercial services. Policy 2.2 of the Land Use Element encourages land uses
31A-6
CUP Nos. 2013 -21, 2013 -22 & 2013 -23
August 11, 2014
Page 5
that accommodate the City's needs for goods and services. Policy 2.9 of the Land Use Element
supports developments that create a business environment that is safe and attractive. Operation .
standards for the proposed Type 41 ABC license will maintain a safe and attractive environment
in Downtown Santa Ana. Policy 5.5 of the Land Use Element encourages development that is
compatible with and supporting of surrounding land uses. The proposed Last Call on Broadway
restaurant will be located in a commercial corridor and is compatible with surrounding land uses,
A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa
Ana.
Conditional Use Permit No. 2013 -22 — After Hours Operation:
Santa Ana Municipal Code (SAMC) Section 41 -2007 (Table 2A) requires a conditional use permit for
any eating establishment with hours of operation between 12:00 a.m. and 7:00 a.m. The proposed
hours of operation are 11:00 a.m, to 2:00 a.m. seven days a week which is consistent with the
operating hours of the other downtown restaurants. The Last Call on Broadway proposes to be
open for lunch and dinner. This area is primarily a commercial corridor.
The proposed after - hours operation will provide an ancillary service to the restaurant customers by
allowing them the ability to offer meals after 12:00 midnight, thereby providing an additional dining
option within the downtown area. This will benefit the community by providing a restaurant with an
additional and complementary food - related amenity. The after -hours operation is consistent with
that of other restaurants in the downtown and offers customers another late night dining alternative.
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 after -hours operation is consistent with other restaurants operating in the downtown,
and provides additional food choices for local residents and visitors. The after -hours operation 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, the after -hours dining will occur within the premises and will not create adverse impacts.
The proposed use will not adversely affect the economic stability of the area, but will instead allow
the restaurant to compete with other nearby restaurants that also offer after -hours meals to their
patrons. Moreover, the late night hours allows the restaurant to remain economically viable and
contributes to the overall success of the downtown area in which it is located, helping to decrease
the number of vacant tenant spaces that may affect the economic viability of the site. The after -
hours operation will contribute to the success of downtown by widening the time frame that food
service is available thereby encouraging customers to stay longer in the downtown.
As conditioned, the proposed project will be in compliance with all applicable regulations and
conditions imposed on a restaurant open after 12:00 midnight pursuant to Chapter 41 of the Santa
Ana Municipal Code.
31A-7
CUP Nos. 2013 -21, 2013 -22 & 2013 -23
August 11, 2014
Page 6
The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use
Element encourages land uses that accommodate the City's needs for goods and services. A
restaurant which operates after hours will provide a dining service to the residents of Santa
Ana. Policy 2.9 of the Land Use Element supports developments that create a business
environment that is safe and attractive. Operation standards for the proposed Type 41 ABC
license will maintain a safe and attractive environment in Downtown Santa Ana. Policy 5.5 of
the Land Use Element encourages development that is compatible with and supporting of
surrounding land uses. The proposed Last Call on Broadway restaurant will be located in a
commercial corridor and is compatible with surrounding land uses. A restaurant with an
ancillary alcohol license provides a dining service to the residents of Santa Ana.
Conditional Use Permit No. 2013 -23 — Banquet facility_:
The Last Call on Broadway restaurant also proposes an ancillary banquet facility, which would
allow 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, 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 allowance of a banquet facility at the restaurant will be consistent with
several downtown restaurants and will result in a restaurant that maintains a stronger economic
viability due to the ability to host private events.
The proposed banquet facility permit will provide an ancillary service to the restaurant and their
customers by providing a viable space to host special functions. This will benefit the community
by providing a restaurant with an additional and complementary food - related amenity within the
downtown area. Conditions have been placed on the banquet facility 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 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 an ancillary service to the community, and will occur within the premises and
is incidental to the primary restaurant use.
The proposed use will not adversely affect the economic stability of the area, but will instead
allow the restaurant to compete with other nearby restaurants that also offer banquet facility for
special events and private parties. Moreover, the banquet use will allow the restaurant to remain
economically viable and contributes to the overall success of the downtown area in which it is
located, helping to decrease the number of vacant tenant spaces that may affect the economic
viability of the site.
31A-8
CUP Nos. 2013 -21, 2013 -22 & 2013 -23
August 11, 2014
Page 7
As conditioned, the proposed project will be in compliance with all applicable regulations and
conditions imposed on a restaurant operating a banquet use pursuant to Chapter 41 of the
Santa Ana Municipal Code.
The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use
Element encourages land uses that accommodate the City's needs for goods and services. A
restaurant with a banquet facility will provide an additional dining service to the residents of
Santa Ana. Policy 2.9 of the Land Use Element supports developments that create a business
environment that is safe and attractive. Operation standards for the proposed Type 41 ABC
license will maintain a safe and attractive environment in Downtown Santa Ana. Policy 5.5 of
the Land Use Element encourages development that is compatible with and supporting of
surrounding land uses. The proposed Last Call on Broadway restaurant will be located in a
commercial corridor and is compatible with surrounding land uses. A restaurant with an
ancillary alcohol license provides a dining service to the residents of Santa Ana.
Police Department Analvsis
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 of 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 overconcentrated and high in crime may affect the
quality of life and police resources in the area, and aggravate existing conditions.
The Police Department considered two factors when reviewing this type of application, crime rate
and sensitive land uses. 202 North Broadway is located in Reporting District No. 165. Reporting
District No. 165 ranks 1st out of 102 reporting districts in the number of police related calls for
service. A sensitive use has been Identified in the immediate area. Heninger Elementary School is
located across First Street to the south that may be impacted by this action. As a result, the Police
Department has evaluated the applicant's request and believes that the proposed ABC license will
not adversely affect the surrounding community as this is a food establishment that restricts alcohol
consumption to the interior of the building. Standards of approval are included as required by the
SAMC that are adequate to address any concerns for the ABC License,
The Police Department recommends approval of the CUP provided that the standards are
complied with to ensure that this location operates as a bona fide eating establishment and does
not aggravate existing conditions or negatively impact the residents.
31A-9
CUP Nos. 2013 -21, 2013 -22 & 2013 -23
August 11, 2014
Page 8
Public Notification
The project site is located within the boundaries of the Downtown Business Association, and is
within the Downtown National Register Historic District. Staff contacted the presidents of the
Downtown and the nearby Lacy Neighborhood Association to insure they were notified of this
project and to identify any areas of concern. The project site itself was posted with a notice
advertising this public hearing, a notice was published in the Orange County Reporter and mailed
notices were sent to all property owners 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 for
further review per Section 15301. The Class 1 exemption allows the licensing of existing private
structures and facilities when there is no expansion of the existing use, but allows the operation,
repair, maintenance, permitting, or leasing of existing structures. Categorical Exemption
Environmental Review No. 2013 -52 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 -21, Conditional Use Permit No. 2013 -22 as conditioned
and Conditional Use Permit No. 2013 -23 as conditioned.
Hally SolVIeske p
Associate Planner
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Attachments:
Exhibit 1 Vicinity Map
Exhibit 2 — Location Map
Exhibit 3 — Site Photo
Exhibit 4 — Floor Plan
Exhibit 5 — Site Plan
Exhibit 6 -- Operational Standards for On -Sale Establishments
31A -10
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CUP 2013-21,22, & 23
LAST CALL ON BROADWAY
TYPE 41 ABC, AFTER _ �GP
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P L A N M I N G A N D B U I L D I N G A G E N C Y
EXHIBIT 7
VICINITY MAP
31A-1 1
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CUP 2013 -21, 22, & 23
LAST CALL ON BROADWAY
TYPE 41 ABC, AFTER HOURS, &
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220 NORTH BROADWAY
P L A N N I N G A N D B U I L D I N G A G E N C --T
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LAND USE MAP
EXHIBIT 2
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LAST CALL ON BROADWAY
TYPE 41 ABC, AFTER HOURS, &
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P L A N N I N G A N D B U I L D I N G A G E N C --T
—
LAND USE MAP
EXHIBIT 2
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EXHIBIT 5
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Sec. 41 -196. Establishments selling alcoholic beverages.
Operational standards for on -sale establishments. The following operational standards
shall be Included in the conditions of approval for the conditional use permit required
pursuant to Section 41 -196
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.
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.
EXHIBIT 6
1 of 4
31A -16
9. The outdoor queuing line shall not block public walkways or obstruct the entry or
exit doors of adjacent businesses. Stanchions or barriers must be used to
maintain order at all times the queue exceeds 25 patrons. All stanchions or
barriers located on public property must be approved by the Public Works Agency.
10. Employees and contract security personnel shall not consume any alcoholic
beverages during their work shift, except for product sampling for purposes of
employee education about new products. Under no circumstances may contract
security personnel consume alcoholic beverages during their work shift.
11. There shall be no exterior advertising of any kind or type, including window signs
or other signs visible from outside, that promote or indicate the availability of
alcoholic beverages on the premises. Interior displays of alcoholic beverages or
signs, which are clearly visible to the exterior, shall constitute a violation of this
condition. Permissible window displays must be kept to a minimum for maximum
visibility and shall not exceed 25 percent of window coverage. floor displays shall
not exceed three feet in height.
12. There shall be no promotions encouraging intoxication or drinking contests or
advertisements indicating "buy one drink; get one free ", "two for the price of one ",
or "all you can drink for..." or similar language.
13. Any pool tables, amusement machines or video games maintained on the
premises at any time must be reviewed and approved in a security plan submitted
to the Chief of Police.
14. Live Entertainment, including but not limited to, amplified music, karaoke,
performers and dancing, shall be subject to the issuance of an entertainment
permit pursuant to Santa Ana Municipal Code ( "SAMC ") Chapter 11 —
Entertainment, and shall comply with all of the standards contained therein.
Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet
from the exterior of the premises In any direction.
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 applicants) 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.
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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 11, 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.
C. Procedures for handling patrons involved in fighting, arguing or loitering
about the building, and/or in the immediate adjacent area that is owned,
[eased, rented or used under agreement by the Licensee(s).
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 limitipotential 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.
Procedures for calling the police regarding observed or reported criminal
activity.
Procedures for management of queuing lines.
h. The location and description of any video games proposed to be on the
premises.
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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.
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31A -19
ROH - 08/11/14
RESOLUTION NO. 2014 -27
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING: CONDITIONAL
USE PERMIT NO. 2013 -21 TO ALLOW A TYPE 41
ALCOHOLIC BEVERAGE CONTROL LICENSE,
CONDITIONAL USE PERMIT NO. 2013-22 AS
CONDITIONED TO ALLOW BUSINESS OPERATIONS
UNTIL 2:00 A.M., AND CONDITIONAL USE PERMIT NO.
2013 -23 AS CONDITIONED TO ALLOW A BANQUET USE,
FOR THE PROPERTY LOCATED AT 202 NORTH
BROADWAY
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 -21 to
allow a Type 41 Alcoholic Beverage Control (ABC) license, Conditional
Use Permit No. 2013 -22 to allow after -hours operations, and Conditional
Use Permit No. 2013 -23 to allow a banquet use, for the property located at
202 North Broadway.
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 August 11, 2014, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2013 -21, Conditional Use Permit
No. 2013 -22, and Conditional Use Permit No. 2013 -23.
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 -21 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 alcohol beverage license will provide a
beneficial service that will help the Downtown area become
Resolution No. 2014 -27
Page 1 of 8
31A-20
a destination point. 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.
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 a restaurant 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.
Additionally, the use will serve both visitors and the local and
regional business community.
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 local businesses
and the downtown area to become a destination area.
Moreover, the offering of various food offerings allows the
Downtown to remain economically viable and contributes to
the overall success of Downtown Santa Ana, helping to
decrease the number of vacant tenant spaces that may
affect the economic viability of the site.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed project will be in compliance
with all applicable regulations and conditions imposed on a
restaurant 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.
Policy 2.2 of the Land Use Element encourages land uses
that accommodate the City's needs for goods and services.
A variety of restaurants in Downtown Santa Ana contributes
to the economic success of the city as a retail and dining
destination.
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
Resolution No. 2014 -27
Page 2 of 8
31A-21
established for Conditional Use Permit No. 2013 -22 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?
Last Call on Broadway restaurant would like the ability to be
open until 2:00 a.m. This will allow the restaurant to remain
competitive with other restaurants in the area, and will help
the Downtown area become a destination point. Conditions
have been placed on the after -hours operations that will
mitigate any potential impacts created by the use and ensure
that the use will not adversely 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 after -hours operations for a restaurant at this
location will not be detrimental to persons residing or
working in the vicinity because conditions have been placed
on the restaurant operations that will mitigate any potential
negative or adverse impacts created by the use.
Additionally, the restaurant will serve both visitors and the
local and regional business community.
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 local businesses
and the downtown area to become a destination area.
Moreover, the offering of various food offerings allows the
Downtown to remain economically viable and contributes to
the overall success of Downtown Santa Ana, helping to
decrease the number of vacant tenant spaces that may
affect the economic viability of the site.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed project will be in compliance
with all applicable regulations and conditions imposed on a
restaurant operating after 12:00 midnight.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
Resolution No. 2014 -27
Page 3 of 8
31A-22
The proposed use will not adversely affect the General Plan.
Policy 2.2 of the Land Use Element encourages land uses
that accommodate the City's needs for goods and services.
A restaurant that is open past midnight contributes to the
economic success of the city as a shopping and dining
destination. Policy 2.9 of the Land Use Element supports
developments that create a business environment that is
safe and attractive. Operation standards for the proposed
Type 41 ABC license will maintain a safe and attractive
environment in Downtown Santa Ana. Policy 5.5 of the Land
Use Element encourages development that is compatible
with and supporting of surrounding land uses. The proposed
Last Call on Broadway restaurant will be located in a
commercial corridor and is compatible with surrounding land
uses. A restaurant with an ancillary alcohol license provides
a dining service to the residents of Santa Ana.
F. The Planning Commission determines that the following findings, which
must be established in order to grant this Conditional Use Permit
pursuant to Santa Ana Municipal Code Section 41 -638, have been
established for Conditional Use Permit No. 2013 -23 to allow a banquet
use:
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 restaurant may close to the general public all
or a portion of the restaurant to allow for a banquet use.
This will allow the restaurant to be used by the local
community for private events and functions. This will allow
the restaurant to remain competitive with other restaurants in
the area, and will help the Downtown area become a
destination point. Conditions have been placed on the
banquet operations 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 banquet use at this location will not be
detrimental to persons residing or working in the vicinity
because conditions have been placed on the restaurant
operations that will mitigate any potential negative or
adverse impacts created by the use. Additionally, the
Resolution No. 2014 -27
Page 4 of 8
31A-23
restaurant will serve both visitors and the local and regional
business community with emphasis on local service.
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 negatively affect the economic
stability of the area, but will instead allow local businesses
and the downtown area to become a destination area.
Further, offering of various types of services and land uses is
needed to create an active downtown for local patrons and
visitors.
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
banquet hall.
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.
Policy 2.2 of the Land Use Element encourages land uses
that accommodate the City's varied needs for goods and
services. A restaurant that offers the potential for private
parties and banquets provides an essential service for local
patrons and regional visitors including the business
community. Policy 2.9 of the Land Use Element supports
developments that create a business environment that is
safe and attractive. Policy 5.5 of the Land Use Element
encourages development that is compatible with and
supporting of surrounding land uses. The proposed Last
Call on Broadway restaurant will be located in a commercial
corridor and is compatible with surrounding land uses. A
restaurant with an ancillary alcohol license provides a dining
service to the residents of Santa Ana.
G. 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 private structures and
facilities when there is no expansion of the existing use, but allows the
operation, repair, maintenance, permitting, or leasing of existing structures.
Categorical Exemption Environmental Review No. 2013 -52 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 -21, Conditional
Resolution No. 2014 -27
Page 5 of 8
31A-24
Use Permit No. 2013 -22 as conditioned in Exhibit A attached hereto and incorporated
as though fully set forth herein, and Conditional Use Permit No. 2013 -23 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
August 11, 2014, and exhibits attached thereto; and the public testimony, all of which
are incorporated herein by this reference.
ADOPTED this 11th day of August, 2014 by the following vote:
AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, (5)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Nalle, Yrarrazaval (2)
ABSTENTIONS: Commissioners: None (0)
Eric Alderete
Chairman
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify
the attached Resolution No. 2014 -27 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on August 11, 2014.
Date:
Planning Commission Secretary
City of Santa Ana
31A-25
Resolution No. 2014 -27
Page 6 of S
Conditional Use Permit No. 2013 -22 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. 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.
3. The applicant(s) shall be responsible for maintaining free of litter the area adjacent
to the premises under the control of the licensee.
4. There shall be no amplified sound used outside the building.
5. Trash program and submittal of a notarized and recorded Reciprocal Trash
Agreement shall be provided prior to issuance of a Certificate of Occupancy.
Sign permits (both permanent and temporary) are under separate submittal.
Special events are subject to a Land Use Certificate where such activities will take
place outside of the restaurant building.
Resolution No. 2014 -27
Page 7 of 8
31A-26
EXHIBIT B
Conditions for Approval of Conditional Use Permit No. 2013 -23
(Banquet Use)
Conditional Use Permit No. 2013 -23 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. 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.
3. The applicant(s) shall be responsible for maintaining free of litter the area adjacent
to the premises under the control of the licensee.
4. There shall be no amplified sound used outside the building.
5. Trash program and submittal of a notarized and recorded Reciprocal Trash
Agreement shall be provided prior to issuance of a Certificate of Occupancy.
Sign permits (both permanent and temporary) are under separate submittal.
Special events are subject to a Land Use Certificate where such activities will take
place outside of the restaurant building.
Resolution No. 2014 -27
Page 8 of 8
31A-27
31A-28