HomeMy WebLinkAbout31C - CUP - 204 W 4TH STREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 2, 2014
TITLE:
CONDITIONAL USE PERMIT NO. 2014 -25 TO ALLOW
A TYPE 47 ALCOHOLIC BEVERAGE CONTROL
LICENSE AND CONDITIONAL USE PERMIT NO.
2014 -26 TO ALLOW AFTER -HOURS OPERATION AT
SPURGEON SOCIAL LOCATED AT 204 WEST
FOURTH STREET — EVAN WHITE, APPLICANT
CITY/111-V
MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on t ° 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. 2014 -25 and Conditional
Use Permit No. 2014 -26 as conditioned.
PLANNING COMMISSION ACTION
On August 11, 2014, the Planning Commission adopted a resolution approving Conditional Use
Permit (CUP) No. 2014 -25 to allow a Type 47 Alcoholic Beverage Control license in order to sell
beer, wine and distilled spirits for on- premise consumption by a vote of 5:0 ( Nalle and Yrarrazaval
absent); and adopted a resolution approving Conditional Use Permit No. 2014 -26 as conditioned
to allow after -hours operation by a vote of 4:1 (Mill opposed, Nalle and Yrarrazaval absent) at
Spurgeon Social, a new full - service restaurant to be located at 204 West Fourth Street in the
Transit Zoning- Downtown (SD -84) zoning district. The Planning Commission added a condition
to CUP No. 2014 -26 that allowed the restaurant to remain open until 4:00 a.m. (Exhibit A).
Spurgeon Social proposes to occupy a portion of the ground floor and two separate basement areas
within the Spurgeon Building with a full - service restaurant. The total square footage of the project is
4,183. The building has traditionally contained a mixture of commercial uses, including retail, office,
and service uses. Other tenants will continue to occupy other spaces on all levels, including the
ground floor. The ground floor of the subject project's location, containing 3,590 square feet, will be
configured with a waiting area, dining room and alcohol service area, a private room for special or
more intimate gatherings, and kitchen areas. The two basement areas, containing 289 and 304
square feet, respectively, will be used for general storage, with alcohol storage proposed in one of
the basements. Full -sized plans are available for public viewing in the Clerk of the Council Office.
31 C -1
CUP Nos. 2014 -25 & 2014 -26
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.
_ K-6l t 9A& l�
Karen Haluza
Interim Executive Director
Planning & Building Agency
AP: rb
aftepodsZtaff Reports for MCUP74 -25828 Spurgeon Social Type 47 8 AHR.cc
Exhibit: A. Planning Commission Staff Report
31 C -2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
AUGUST 11, 2014
TITLE:
PUBLIC HEARING — FILED BY EVAN WHITE
FOR CONDITIONAL USE PERMIT NO. 2014-25
TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE
CONTROL LICENSE AND CONDITIONAL USE
PERMIT NO. 2014 -26 TO ALLOW AFTER -HOURS
OPERATION AT SPURGEON SOCIAL LOCATED
AT 204 WEST FOURTH STREET
Prepared by Ali Pezeshkpour
Interim Executiv irector
PLANNING COMMISSION SECRETARY
APPROVED
• As Recommended
• As Amended
• Set Public Hearing For
DENIED
• Applicant's Request
• Staff Recommendation
CONTINUED TO
Acting ann g Mart
RECOMMENDED ACTIONS
1. Adopt a resolution approving Conditional Use Permit No. 2014 -25.
2. Adopt a resolution approving Conditional Use Permit No. 2014 -26 as conditioned.
Request of Applicant
Evan White, representing West Fourth Hospitality, LLC, is requesting approval of a conditional use
permit (CUP) for a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise sale
and consumption of beer, wine, and distilled spirits at a new restaurant, Spurgeon Social, to be
located at 204 West Fourth Street. In addition, the applicant is requesting approval of a separate
conditional use permit that would allow the restaurant to operate until 4:00 a.m.
Establishments that sell alcoholic beverages and that wish to operate between 12:00 midnight and
7:00 a.m. require respective conditional use permits pursuant to Section 41 -2007 of the Santa Ana
Municipal Code (SAMC).
Proiect Location and Site Description
The applicant is in the process of obtaining necessary permits for tenant improvements to operate the
Spurgeon Social restaurant within the historic Spurgeon Building, an existing 42,000- square foot,
multi -level commercial structure that contains a basement and four above - ground levels, located at
the southwest corner of Sycamore and Fourth Streets. These improvements will result in the tenant
occupying approximately 4,183 square fleet distributed between a portion of the ground floor and two
separate basement areas. No work is proposed in the remaining levels of the building at this time.
Parking is provided in multiple parking structures, surface lots, and metered street parking throughout
Downtown. The site is surrounded by commercial uses to the west, north and east, and a multi -level
parking structure to the south (Exhibits 1, 2 and 3).
EXHIBIT A
31 C -3
CUP Nos. 2014 -25 & 2014 -26
August 11, 2014
Page 2
The proposed use will occupy a portion of the Spurgeon Building, located in the Downtown National
Register District. Constructed in 1913, the building is individually listed on the Santa Register of
Historical Properties as "Landmark" due to its distinctive architectural style and quality and is
characteristic of a significant period in the history of the City of Santa Ana and is a contributor on the
National Register and California Register.
Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the
project vicinity indicates that 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 only), six Type 47 licenses (on -sale beer, wine and distilled
spirits), one Type 42 license (public premise beer and wine only), one Type 48 license (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
Spurgeon Social proposes to occupy a portion of the ground and two separate basement areas
within the Spurgeon Building with a full- service restaurant. The total square footage of the project is
4,183. The building has traditionally contained a mixture of commercial uses, including retail, office,
and service uses. The retail use that previously occupied the subject tenant space vacated in early
2014; however, other tenants will continue to occupy other spaces on all levels, including the ground
floor. The ground floor, containing 3,590 square feet, will be configured with a waiting area, dining
room and alcohol service area, a private room for special or more intimate gatherings, and kitchen
areas. The two basement areas, containing 289 and 304 square feet, respectively, will be used for
general storage, with alcohol storage proposed in one of the basements.
In conjunction with the new restaurant, the applicant is requesting approval of a Type 47 Alcoholic
Beverage Control (ABC) license to allow the on- premise consumption of beer, wine and distilled
spirits to patrons at the restaurant. The restaurant will be a full service, sit -down eating
establishment that will hold approximately 76 seats within its dining room. 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 157 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. and Friday and Saturday from 11:00 a.m. to 4:00 a.m. Operations past 12:00 midnight
in the Transit Zoning Code (SD -84) require approval of a separate CUP.
31 C -4
CUP Nos. 2014 -25 & 2014 -26
August 11, 2014
Page 3
Project Backaround
Since its completion in 1913, the Spurgeon Building has contained a variety of uses. As one of the
most architecturally prominent and tallest buildings in Downtown, the site attracted professional
tenants including doctors and lawyers. The corner retail tenant space was for many years occupied
by the White Cross Drugstore, taken over by Walgreens in the 1930s. The building itself was
constructed by William Spurgeon, the founder of Santa Ana, who was ultimately elected to the State
Legislature and was one of the prime proponents of the movement to establish Orange County.
Spurgeon later served on the new county's Board of Supervisors. The building is renowned for its
individual glass bays, straightforward Commercial Style that was refined most notably in Chicago,
as well as its Second Empire -style clock tower, an emblem of Santa Ana, The tower was largely
restored in 1999 to repair the function of the clock,
The current proposed tenant, Spurgeon Social, is co -owned by an experienced chef and restaurant
owner with another location in neighboring Irvine. Spurgeon Social proposes a specialized dining
experience that will feature seasonal, locally- sourced ingredients. The dining room is proposed to
feature turn -of- the- century style designed to complement the architecture of the exterior as well as
the styles of some of the earliest tenants of the Spurgeon Building. Other than minor features such
as signage, the applicant proposes no exterior upgrades to the building in order to comply with the
Secretary of the Interior's standards for historically - registered buildings.
General Flan and Zoning Consistency
The General Plan land use designation for the site Is District Center (DC). District Center land -use
districts provide highly visible and accessible commercial development along the City's arterial
transportation corridors and provide important neighborhood facilities and services. The Downtown
District portion of the District Center serves as one of the County's major employment and
governmental operations centers complemented with a mix of residential, commercial, and services
uses to enhance its urban vibrancy. The project site and the proposed Spurgeon Social
restaurant are consistent with this General Plan land use designation.
The parcel is located within the Transit Zoning Code (SD -84) zoning district in the Downtown
(DT) sub -zone. The SD -84 zoning district allows for retail and service uses such as eating
establishments, making Spurgeon' Social's use consistent with the zoning designation.
Project Analysis
Conditional Use Permit requests are governed by Section 41 -638 of the SAMC, Conditional Use
Permit requests may be granted when it can be shown that the following can be established:
That the proposed use will provide a service or facility which will contribute to the general well
being of the neighborhood or community.
31 C -5
CUP Nos. 2014 -25 & 2014 -26
August 11, 2014
Page 4
• 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.
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 these conditional use permit requests, staff believes that the following
findings of fact warrant approval of the conditional use permits.
Tvpe 47 Alcoholic Beverage Control License (CUP No. 2014 -25)
SAMC Section 41 -196 requires a CUP for establishments selling alcohol for on -site or off -site
consumption. The proposed ABC will allow the proposed restaurant to offer an additional amenity
and dining experience for its patrons that is consistent with other eating establishments in the
Downtown area. Moreover, operational standards will mitigate potential impacts from Type 47 ABC
license (Exhibit 6). The following findings of fact form the foundation for staffs recommendation of
approval for the CUP to allow a Type 47 ABC license.
The proposed Type 47 ABC license will provide an ancillary service to the restaurant's
customers by allowing them the ability to purchase a variety of alcoholic beverages with their
food. This will thereby benefit the community by providing a restaurant with an additional and
complementary food - related amenity. Standards are applicable to 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 Type 47 ABC license for the on -sale consumption of beer, wine and distilled
spirits at this location will not be detrimental to persons residing or working in the vicinity
because operational standards to the alcoholic beverage control license will mitigate any
potential negative or adverse impacts created by the use. This is primarily a restaurant use and
the addition of alcohol will be ancillary to the main use. In addition, the use will occur within the
interior of the premises, mitigating any potential impacts to the surrounding neighborhood.
Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an
eating establishment.
31 C -6
CUP Nos. 2014 -25 & 2014 -26
August 11, 2014
Page 5
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 in Downtown and citywide that
also offer a full selection of alcoholic beverages for sale to their guests and other visitors.
Moreover, the offering of alcoholic beverages will allow Spurgeon Social, a small business, to
remain economically viable and contributes to the overall success of the Downtown Santa Ana
commercial district, helping to decrease the number of vacant spaces that may affect the
economic viability of the area
The proposed project will be in compliance with all applicable regulations and conditions
imposed on a restaurant selling beer, wine and distilled spirits pursuant to Chapter 41 of the
Santa Ana Municipal Code. The facility will be maintained as a full - service, bona -fide eating
establishment, 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.
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 that feature alcoholic beverages on
their menus offers additional dining options for Santa Ana residents and visitors, especially
those to Downtown, which continues to develop as a dining and retail destination with regional
significance. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of
commercial properties, and encourages increased levels of capital investment. Spurgeon
Social's tenancy will include significant tenant improvements. Further, Policy 2.9 of the Land
Use Element supports developments that create a business environment that is safe and
attractive. Operational standards for the proposed Type 47 ABC license 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. Spurgeon Social will be located in a commercial area and its operations will be
compatible with the surrounding commercial businesses.
After - Hours - Operations (CUP No. 2014 -26)
The proposed after -hours conditional use permit will allow the proposed restaurant to remain
open past 12:00 a.m. The proposed use's location in a predominantly commercial area
surrounded by offices, retail stores, service uses, and similar restaurants minimizes the possibility
of concerns that are typically associated with after -hours operations where there is potential for
noise or safety impacts to residential uses. Conditions of approval have been placed upon the
use in order to mitigate these potential concerns. The following findings support the
recommendation of approval for after -hours operations.
31 C -7
CUP Nos. 2014 -25 & 2014 -26
August 11, 2014
Page 6
• 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 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.
• 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 in the heart of the
Fourth Street commercial corridor 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.
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.
• As conditioned, the proposed project will be in compliance with all applicable regulations and
conditions imposed on an eating establishment operating after hours 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, and
operational standards applicable to the proposed ABC license will prevent or mitigate any
impacts from the restaurant onto adjacent properties.
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 with extended hours of operation
offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.8
of the Land Use Element promotes the rehabilitation of commercial properties, and
encourages increased levels of capital investment. Spurgeon Social's tenancy will include
significant tenant improvements. 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 that will maintain a safe and
31 C -8
CUP Nos. 2014 -25 & 2014 -26
August 11, 2014
Page 7
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 Spurgeon Social restaurant will be located in a commercial area and its operations will be
compatible with the surrounding commercial businesses.
Police Department Analvsls
The Police 'Department reviews conditional use permit applications for the sale and service of
alcoholic beverages and after - hours operation in order to ensure that the potential crime and
nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent
possible. For on -sale licenses the Police Department analyzes the crime rate in the area using
the standards and definitions contained in the Business and Professions Code Section
23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control
(ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery,
aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for
other crimes, both felonies and misdemeanors, except traffic citations.
The Police Department then compares the number of such crimes in the reporting district as
compared to the number of crimes in other reporting districts. In keeping with the standard used
by State ABC and Business and Professions Code, should the Police Department determine that
the reporting district has a 20 percent greater number of reported crimes than the average
number found in all reporting districts, the Police Department will consider this information in
making its recommendation.
The project at 204 West Fourth Street is located in Reporting District No. 165. This reporting
district is 20 percent higher than the average number of reported crimes in all reporting districts.
Although the crime rate is 20 percent higher, the Police Department contends that the operational
standards and proposed conditions of approval will mitigate any potential negative impacts to the
surrounding community. As a result, conditions of approval are included as required by the
SAMC that will address any concerns.
Public Notification
The project is located within the boundaries of the Downtown Neighborhood Association. Staff
contacted the presidents of the Downtown and the nearby Lacy Neighborhood Associations to
ensure that they were notified of this project and to identify any areas of concern. The project
site was also 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 and tenants within
500 feet of the project site. At the time of this printing, one correspondence from a member of
the public opposing allowing operations until 4:00 a.m. had been received (Exhibit 7),
31 C -9
CUP Nos. 2014 -25 & 2014 -26
August 11, 2014
Page '8
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 operation, repair,
maintenance, permitting, or leasing of existing structures.
The project proposes to operate a full - service restaurant within an existing structure. No expansion
of square footage or interior reconfigurations of square footages are proposed as part of the
project. In addition, the structure is already served by municipal services, such as roadways,
utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2014-
57 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. 2014 -25 and Conditional Use Permit No. 2014 -26 as
conditioned.
4z-
Ali Pezeshkpour
Assistant Planner I
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apVeporIMStaff Reports for PMCUP14.26 06 Spurgeon Social Type 47 & AHR.pc
Attachments:
Exhibit —Vicinity Map
Exhibit 2 — Location Map
Exhibit — Site Photo
Exhibit 4 — Site Plan
Exhibit 5 — Floor Plan
Exhibit 6 — Operational Standards for On -Sale Establishments
Exhibit 7 — Correspondence from the Public
31 C -10
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EXHIBIT
31 0.15
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.
1 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.
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
31 C -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 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.
2of4
31 C -17
19, Any graffiti painted or marked upon the premises or on any adjacent area under
the control of the licensee(s) shall be removed or painted within 24 hours of being
applied,
20. Existing bona fide eating establishment and required parking must conform to the
provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code
(Building Security Ordinance), These code conditions will require that the existing
project lighting, door /window locking devices and addressing be upgraded to
current code standards. Lighting standards cannot be located in required
landscape planters. Prior to issuance of Letter of Approval to the Alcohol
Beverage Control Board, this condition must be complied with.
21. A timed - access cash controller or drop safe must be installed.
22. Install a silent armed robbery alarm.
23. The owner or manager of the licensed premises shall maintain on the premises a
written security policy and procedures manual that has been approved by the
Police Department, addressing at a minimum the following items:
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,
leased, rented or used under agreement by the Licensee(s).
d. Procedures for verifying the age of patrons for purposes of alcohol sales,
e. Procedures for ensuring that servers monitor patrons to ensure that their
drinking limit /potential intoxication is not exceeded. This procedure should
include a description of the procedure the server would use to warn, or
refuse to serve, the patron.
Procedures for calling the police regarding observed or reported criminal
activity.
g. Procedures for management of queuing lines.
The location and description of any video games proposed to be on the
premises.
3of4
31 C -18
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,
4of4
31 C -19
From:
Yvonne Flores <YFlores @socal.rr.com>
Sent:
Saturday, august 02, 2014 6:27 AM
To:
Pezeshkpour, Ali
Subject:
I oppose the approval of Conditional Use Permit Nos 2014 -25 and 2014 -26 for property
at 204 W. Fourth St.
Follow Up Flag: Follow up
Flag Status: Flagged
Hello,
I would like to express my concerns and oppositions regarding Conditional Use Permit Nos 2014 -25 and 2014 -26 for the
property at 204 W. Fourth St, Santa Ana. I am a neighbor who resides in the Santa Ana Lofts at 211 N. Sycamore Street,
Santa Ana, 92701 and will be adversely affected should the conditional use permits be approved.
At present time, all the neighboring businesses close their doors at2pm. For us as neighbors, that means we hear all of
the patrons exiting the bars and restaurants starting at 1 :30am through about 2:30am. They do not exit quietly, and
they hoot, howl, laugh, giggle, and yell while they are exiting the bars and headed towards any number of parking
areas. Now, with the local taco trucks camping out on 3rd Street and Sycamore Street, these patrons are staying in DTSA,
outside of bars /restaurants, and hanging out at the taco trucks until 3am. Code enforcement does not work at 3am and
the police do not shuffle the taco trucks off, so we as residents endure the sounds, trash, and overall effects of the
patrons of the local business even after the 2am closing of the businesses. Again, they are not quiet, as they have been
drinking and having a good time, and as residents, we can hear them and our sleep is often affected by their
presence. We can hear their conversations almost word for word, we can hear their fights as boyfriends and girlfriends
quarrel, and we can hear them throwing up and urinating just outside our doors. Mind you, this is all between 1:30am
to 3am. We hear the conversations of the drunks who can't find their cars because they are so drunk they can't
remember where they parked, and we hear the cries of the broken hearted as they cry their hearts out for the ones they
just lost or got away inside the bar. We knew this would occur when we decided to buy and live in DTSA but we never
thought this would occur through 4am or 4:30am. What city would allow a bar /restaurant /establishment to operate
through 4am? It's kind of crazy, especially with residential homes less than 100 yards away,
Allowing the conditional use permit nos 2014.25 and 2014 -26 to operate until 4am would exasperate the problems here
in the Artists Village and as a resident who lives here, our peace and quiet in the wee hours of the morning and Our sleep
would be adversely impacted.
The patrons of 204 W. fourth St. would surely be parking on the streets, in the flat parking lot behind chapter One and
Proof, in the parking structure on P Street, and even in the parking lot behind the Santa Ana Lofts. Should the
conditional use permits be approved, the residents ofthe Santa Ana Lofts will hear the sounds from the parking
structure, the sounds of the car alarms incessantly going off, the beep beep as car alarms are turned on /off, and the
usual sounds of cars speeding past our front door and all of our front facing windows. My particular unit has 53
windows total and yes, we can hear the sounds of the cars and people as they drive past our unit. To make matters
worse, we have a metal door /latch /sewer cover on Sycamore Street, almost in front of the electrical box, that we can
hear every time a car drives Over it. Dunk, dunk Dunk, dunk — is what we hear as the cars exit the parking structure on
3`d /Sycamore and drive past our home to get to First Street. Dunk, dunk. Dunk, dunk. Imagine hearing that sound,
through at least 4:30am, how would anyone get sound sleep?
We contended with PayanX doing their unpermitted workouts on the top floor of the parking structure for one full
year. During that time, we had in excess of 100 people flash mobbing the parking structure at 4am and Sam to work
3'IiO T
out, on Monday, Wednesday, and Fridays. We could hear every sound from their voices, to their cars, and our sleep was
always disturbed every time they showed up. We could hear the "happy birthday" song, we could hear the speakers as
they blazed their music for their workouts, and we could hear them counting cadence "1, 2, 3, 4 ". While PayanX was
being touted as agreat, free community service by our Counciimembers Michelle Martinez and David Benavidez, we as
neighbors suffered and our sleep patterns suffered. Shoot, I even remember being woken up at 4:15am because
Counciimember Benavidez was doing leg squats just outside my windows, along with other members of PayanX, and my
dog was barking at them at 4:15 am in the morning. Even my dog knew that 4:15am was too early for people to be out
on the streets in front of our home. Councilmember Benavidez looked up at me, standing there at my window on the 3rd
floor and he probably just thought I was checking them out. No. I was being disturbed by their sound and presence at
4:15am and PayanX's presence on the streets. Sound has a funny way of traveling here in DTSA amongst all the
buildings and walls, and we can hear more than one would imagine. The same would be true if this conditional use
permit were to be approved; Our sleep would be adversely affected as we would have to endure more sounds, foot
traffic, and car traffic at an hour of the morning when most people are normally sleeping.
I have no problem with allowing a liquor license for the location so long as it has a reasonable time limit of tam. I want
DTSA to prosper and for new businesses to set up, I want the Artist Village to thrive just as so many other people do. I do
have a problem of approving the conditional use permit through 4am in the morning and strongly oppose it, For these
reasons, I ask that the conditional use permit not be approved or that it be revised to normal operating hours until tam.
We are great neighbors to the local businesses but we ask that the businesses keep business hours to not exceed past
2anm. (And if someone could get code enforcement to do something about the taco trucks here until 3am, well that
would be great too. )
Thank you for considering the residents of the Santa Ana Lofts and the small amount of quiet hours that we actually
have to sleep,.
Respectfully;
Yvonne Flores
211 N. Sycamore St.
Santa Ana, CA 92701
31 C -21
ROH - 08/11/14
RESOLUTION NO. 2014 -28
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2014 -25 TO ALLOW A TYPE 47
ALCOHOLIC BEVERAGE CONTROL LICENSE AND
CONDITIONAL USE PERMIT NO. 2014-26 AS
CONDITIONED TO ALLOW AFTER -HOURS OPERATION
FOR THE PROPERTY LOCATED AT 204 WEST FOURTH
STREET
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Applicant is requesting approval of Conditional Use Permit No. 2014 -25 to
allow a Type 47 Alcoholic Beverage Control (ABC) license and Conditional
Use Permit No. 2014 -26 to allow after -hours operations for the property
located at 204 West Fourth Street.
B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use
permit for the sale of alcoholic beverages for on -site consumption and for
businesses operating between the hours of 12:00 a.m. and 7:00 a.m.
C. On August 11, 2014, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2014 -25 and Conditional Use
Permit No. 2014 -26.
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 -25 to allow for a Type 47
ABC license:
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or the
community?
The proposed Type 47 ABC license will provide an ancillary
service to the restaurant's customers by allowing them the
ability to purchase a variety of alcoholic beverages with their
food. This will thereby benefit the community by providing a
restaurant with an additional and complementary food -
related amenity. Standards are applicable to the alcoholic
Resolution No. 2014 -28
Page 1 of 7
31 C -22
3.
9
beverage control license which
impacts created by the use and
negatively affect the surrounding
will mitigate any potential
ensure that the use will not
community.
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 47 ABC license for the on -sale
consumption of beer, wine and distilled spirits at this location
will not be detrimental to persons residing or working in the
vicinity because operational standards to the alcoholic
beverage control license will mitigate any potential negative
or adverse impacts created by the use. This is primarily a
restaurant use and the addition of alcohol will be ancillary to
the main use. In addition, the use will occur within the
interior of the premises, mitigating any potential impacts to
the surrounding neighborhood. Finally, the sale of alcohol in
the restaurant is intended to be incidental to the primary use
as an eating establishment.
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 in Downtown and
citywide that also offer a full selection of alcoholic beverages
for sale to their guests and other visitors. Moreover, the
offering of alcoholic beverages will allow Spurgeon Social, a
small business, to remain economically viable and
contributes to the overall success of the Downtown Santa
Ana commercial district, helping to decrease the number of
vacant spaces that may affect the economic viability of the
area.
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,
and operational standards applicable to the proposed ABC
license will prevent or mitigate any impacts from the
restaurant onto adjacent properties.
31 C -23
Resolution No. 2014 -28
Page 2 of 7
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 that feature alcoholic beverages
on their menus offers additional dining options for Santa Ana
residents and visitors, especially those to Downtown, which
continues to develop as a dining and retail destination with
regional significance. Furthermore, Policy 2.8 of the Land
Use Element promotes the rehabilitation of commercial
properties, and encourages increased levels of capital
investment. Spurgeon Social's tenancy will include
significant tenant improvements. Further, Policy 2.9 of the
Land Use Element supports developments that create a
business environment that is safe and attractive.
Operational standards for the proposed Type 47 ABC
license 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. Spurgeon Social
will be located 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. 2014 -26 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
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
Resolution No. 2014 -28
Page 3 of 7
31 C -24
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 in the heart of the Fourth Street commercial corridor
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
establishment operating after hours 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
Resolution No. 2014 -28
Page 4 of 7
31 C -25
Land Use Element encourages land uses that accommodate
the City's needs for goods and services. Providing a variety
of full- service restaurants with extended hours of operation
offers additional dining options for Santa Ana residents and
visitors. Furthermore, Policy 2.8 of the Land Use Element
promotes the rehabilitation of commercial properties, and
encourages increased levels of capital investment. Spurgeon
Social's tenancy will include significant tenant improvements.
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 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 Spurgeon Social restaurant will
be located in a commercial area and its operations will be
compatible with the surrounding commercial businesses.
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. The project proposes to operate a full - service
restaurant within an existing structure. No expansion of square footage or
interior reconfigurations of square footages are proposed as part of the
project. In addition, the structure is already served by municipal services,
such as roadways, utilities, and parking in a variety of forms. Categorical
Exemption Environmental Review No. 2014 -57 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 -25 and
Conditional Use Permit No. 2014 -26 as conditioned in Exhibit A 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 as it pertains to
Conditional Use Permit No. 2014 -25:
AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, (5)
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
None (0)
Nalle, Yrarrazaval (2)
None (0)
31 C -26
Resolution No. 2014 -28
Page 5 of 7
ADOPTED this 11th day of August, 2014 by the following vote as it pertains to
Conditional Use Permit No. 2014 -26 as conditioned:
AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner (4)
NOES: Commissioners: Mill (1)
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 -28 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
31 C -27
Resolution No. 2014 -28
Page 6 of 7
EXHIBIT A
Conditional Use Permit No. 2014 -26 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 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. Any and all existing or new lighting on the building's exterior must be maintained in
working order.
4. All exterior lighting will be directed towards the restaurant and /or sidewalk and not
towards other properties.
5. There shall be no amplified sound used outside the building.
6. 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.
7. The hours of operation shall be limited to between 11:00 a.m. and 4:00 a.m.
(Added by the Planning Commission August 11, 2014.)
Resolution No. 2014 -28
Page 7 of 7
31 C -28