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HomeMy WebLinkAbout31A - CUP - 2800 N MAIN ST UNIT 1100REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 16, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2014 -30 TO ALLOW INDOOR RECREATION AND CONDITIONAL USE PERMIT NO. 2014 -31 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR ROUND 1 ENTERTAINMENT TO BE LOCATED AT 2800 NORTH MAIN STREET, UNIT 1100 -GREGG BERWIN, APPLICANT L y CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 14 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -30 as conditioned and Conditional Use Permit No. 2014 -31. PLANNING COMMISSION ACTION On August 25, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -30 as conditioned for indoor recreation and Conditional Use Permit No. 2014 -31 for a Type 47 Alcoholic Beverage Control (ABC) license in order to sell beer, wine and distilled spirits for on- premise consumption by a vote of 7:0 to operate an indoor family recreation and bowling venue for Round 1 Entertainment located at 2800 North Main Street, Unit 1100 in the General Commercial (C -2) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Round 1 Entertainment is currently constructing tenant improvements to open a new family - oriented indoor recreation and bowling venue at the Westfield MainPlace Mall. Round 1 Entertainment will occupy approximately 38,618 square feet of floor space within the ground floor of an existing, three -level commercial building that once functioned as a large box/anchor retail store, most recently a Men's Macy's. The project's interior will feature an entry lobby and reception area, a large area for arcade -style games, as well as 14 bowling lanes. In addition, the project will feature billiards, a restaurant and alcohol service area, karaoke rooms, and management offices. The remaining areas of the ground floor are currently being configured for use by future eating establishments. In conjunction with the new indoor recreation venue, the applicant is requesting approval of a Type 47 ABC license to allow the on- premise consumption of beer, wine and distilled spirits to patrons at the food service area. Full -sized plans are available for public viewing in the Clerk of the Council Office. 31A-1 CUP Nos. 2014 -30 & 2014 -31 September 16, 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 businessfjob 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 AP: rb spVeportV9W1f Reports for CC%CUPI4.30&31 Round 1 Indoor Rec & Type 47.m Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST F O PLANNING COppWSSION MEETING DAIF r AUGUST 25, 2014 rl'rLE!! PUBLIC HEARING — FILED BY GREGG BERWIN FOR CONDITIONAL USE PERMIT NO, 2014 -30 TO ALLOW INDOOR RECREATION AND CONDITIONAL USE PERMIT NO. 2014 -31 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR ROUND 1 ENTERTAINMENT TO BE LOCATED AT 2800 NORTH MAIN STREET, UNIT 1100 Preraaaied by Ali Pezeshkpour lMe drn Executive Dir : ,tear F11[,,ANNMG R:ti"RMVVRVSS10II'4 SECRE TART _J As Pdecoinniended ❑ As AiT)ended 1 `rek Public I learing For DENIED Q Applicant's Requesl * Staff Recornrnr ndaatior� CONTINI.ED TO l arnnin ➢.. m annager Acting w.,�.��w.- .....�� RECOMMENDED AC ° °I" "IONS 1. Adopt a resolution approving Conditional Use Permit No. 2014 -30 as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2014 -31. Request of Applicant Gregg Berwin of Westfield Corporation, representing Round 1 Entertainment, is requesting approval of a conditional use permit (CUP) for indoor recreation to allow a family- oriented bowling venue. In addition, the applicant is requesting approval of a separate CUP to allow a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of beer, wine, and distilled spirits at the venue. Establishments that provide indoor recreation and that sell alcoholic beverages require respective conditional use permits pursuant to Section 41 -377.5 and Section 41 -196 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description Round 1 Entertainment is currently constructing tenant improvements to open a new family- oriented indoor recreation and bowling venue at 2800 North Main Street, Suite 1100. The overall site is approximately 52 -acres in size and contains a multi- tenant regional mall known as Westfield MainPlace that is located at the northwest corner of North Main Street and MainPlace Drive. The site is anchored by the JC Penney, Macy's, and Nordstrom department stores and contains numerous retail and eating establishments. Round 1 Entertainment will be locating within a 38,618- square foot tenant space on the ground floor of the former Men's Macy's building located on the southeast portion of the mall site. EXHIBITA 31A-3 CUP Nos. 2014 -30 & 2014 -31 August 25, 2014 Page 2 Westfield MainPlace contains approximately 1,127,836 square feet of tenant space and was significantly remodeled and expanded in 1987. Mall tenants currently share 4,768 parking spaces that are provided in a combination of surface parking lots and parking structures. The site is surrounded by the Garden Grove (State Route 22) Freeway to the north, professional and administrative office uses to the south, commercial and residential uses within the City Place development to the east, and the Santa Ana (Interstate 5) Freeway 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 that there are currently four ABC licenses located within 500 feet of the project site in addition to the proposed license. These four ABC licenses include one Type 41 license (on -sale beer and wine only) and three Type 47 licenses (on -sale beer, wine and distilled spirits). However, this information does not affect the analysis or recommendation contained in this report. Proiect Description The proposed project consists of interior tenant improvements and exterior modifications to an existing building to allow a Round 1 Entertainment indoor recreation venue. As stated previously, Round 1 Entertainment will be occupying approximately 38,618 square feet of floor space within an existing, three -level commercial building that once functioned as a large box/anchor retail store, most recently a Men's Macy's. This building is currently undergoing significant alterations to accommodate a variety of uses, including retail, eating establishments, a health club, and the indoor commercial recreation venue that is the subject of this application. Among the various building operations that are currently in progress are significant exterior modifications and new points of entry. The project will feature a new, unique entrance for the health club, and employees, from the south side of the building. The glass blocks that adorn the entry to Round 1 Entertainment are to be reconfigured and modernized to become more compatible with the entire building's reconfiguration. In addition, the project features exterior wall and mimetic signage that will be reviewed separately as part of an application for a regional planned sign program. The project's interior will feature an entry lobby and reception area, a large area for arcade -style games, as well as 14 bowling lanes. In addition, the project will feature billiards, a restaurant and alcohol service area, karaoke rooms, and management offices. The remaining areas of the ground floor are currently being configured for use eating establishments. In conjunction with the new indoor recreation venue, 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 food service area. The food service area will hold approximately 70 seats and will contain all necessary equipment to be considered for a Type 47 31A-4 CUP Nos. 2014 -30 & 2014 -31 August 25, 2014 Page 3 ABC license. No outdoor seating is proposed at this time. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary use. Overall alcohol storage and display areas will contain approximately 37 square feet, which is less than one 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. The proposed hours of operation for the facility are from 7:00 a.m. to 2:00 a.m., seven days per week. Approval of a separate CUP for after -hour operations is not required for the project due to its distance from any adjacent residential properties. Primary access to the project site will be provided from the existing roadways stemming from Main Street, Mainplace Drive, and Broadway (Exhibits 4, 5, and 6). Project Background Westfield MainPlace contains nearly 200 stores, restaurants, a cinema, and a handful of anchor stores and opened in its current configuration in 1987. Before its opening, the site contained a Bullock's department store that was constructed in 1954. Subsequent additions in 1958 enlarged the site, then known as Fashion Square, to a total of 35 stores. In 1986, the majority of the project site was redeveloped into the current indoor mall that exists today. This redevelopment included the construction of the former Robinson's anchor building, which later became the Men's Macy's store building that is the subject of the current reconfiguration. Since its opening in 1987, Westfield MainPlace has undergone a series of rehabilitations to accommodate new stores and restaurants, as well as exterior fapade enhancements. In addition to several liquor license conditional use permits and sign variances approved during the site's history, Variance No. 1996 -01 established an overall parking supply ratio requirement of 4.1 spaces per 1,000 square feet for all uses at MainPlace. This variance requires a total parking supply of 4,635 parking spaces for the 1,130,523 square feet of floor area for all uses at the site. The current proposed project, which is consistent with the uses identified in the variance, will maintain a parking supply in excess of that 4,635 total requirement. The anchor building currently undergoing reconfiguration to accommodate Round 1 Entertainment and other tenants originally opened in 1987 as a Robinson's department store. Since then, the building continued to contain several department stores, including Robinsons -May, which went defunct as a company in 2006. After the nationwide closure of these stores, including the MainPlace location, Macy's opened men's clothing stores in many of the former Robinsons -May buildings. The MainPlace Men's Macy's store closed in 2012, leaving the anchor building vacant. Since then, Westfield has explored many re- tenanting options for the site, including the current reconfiguration option. 31A-5 CUP Nos. 2014 -30 & 2014 -31 August 25, 2014 Page 4 Round 1 Entertainment is a family- oriented bowling, karaoke, arcade game, and billiards venue. While headquartered and prominent in Japan, the company has recently opened several locations in California at regional shopping centers. Round 1 Entertainment currently operates at the Lakewood Center Mall, Moreno Valley Mall, and the Puente Hills Mall. All locations offer a variety of foods and drinks to patrons. The Santa Ana MainPlace location would be the company's fourth location outside Japan and its proposed operations are consistent with those found elsewhere in Southern California. General Plan 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, such as this indoor recreation and family - oriented bowling venue. The project site is consistent with this General Plan land use designation. The site is located within the General Commercial (C -2) zoning district. The C -2 zoning district allows for retail and service uses such as indoor recreation with a CUP, making the proposed 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. • 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-6 CUP Nos. 2014 -30 & 2014 -31 August 25, 2014 Page 5 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. Indoor Recreation (CUP No. 2014 -30) The proposed indoor recreation conditional use permit will allow the tenant, Round 1 Entertainment, to operate as a family- oriented bowling and arcade game facility. The tenant intends to charge fees for various indoor recreation activities, including bowling, karaoke, billiards, darts, and ping pong. A membership fee will also be available to individuals and /or groups who wish to patronize the facility on a regular basis. Conditions of approval have been placed upon the use in order to mitigate potential concerns or impacts that arise from operating an indoor recreation facility. The following findings support the recommendation of approval for the indoor recreation conditional use permit. • The proposed indoor recreation venue will provide a service to the community by allowing an additional recreational use within the City and by adding a use to the Westfield MainPlace mall that will complement the existing commercial uses, such as retail and dining, within the immediate vicinity. The facility, with primary emphasis on bowling, arcade games, and dining, has the potential to draw clientele from local areas as well as from afar, enhancing the commercial base of Santa Ana and enhancing the viability of other commercial uses in the area. Conditions of approval will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. This unique use will contribute to the diversification of the range of goods and services available to the patrons who visit the mall. The proposed conditional use permit for the indoor recreation facility at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the use that will mitigate any potential negative or adverse impacts created by the use. The tenant, Round 1 Entertainment, will maintain the proper equipment, staff training, and procedural manuals required to ensure that the venue remains safe and complementary to the existing uses in the area. In addition, the use will occur entirely within the interior of the premises, with no outdoor operations proposed at the location. Staff and security personnel will maintain the area's order, preventing impacts to adjacent sidewalks or streets from pedestrian activity or vehicular circulation. The tenancy of Westfield MainPlace, located on one of the City's most important corridors, will enhance the safety of the immediate vicinity by reducing vacancy at the site and once again bringing activity to a portion of the mall site that has been vacant for several years, thereby enhancing security in the surrounding area. 31A-7 CUP Nos. 2014 -30 & 2014 -31 August 25, 2014 Page 6 • The proposed use will not adversely affect the economic stability of the area but will instead allow the facility to operate, thereby reducing the vacancy rate at Westfield MainPlace and creating the possibility for patrons to support other local, complementing uses such as retail stores, service uses, or restaurants. The tenant suite in which Round 1 Entertainment is proposed has undergone significant investment in order to modernize the building in preparation for new uses that will occupy the building, including the subject venue, dining, retail, and a health club. The conditional use permit will allow Round 1 Entertainment to operate, enhancing the economic viability of the entire mall site, and contributes to the overall success of Westfield MainPlace by reducing vacancies, promoting the success of a local business, and allowing the facility's patrons the ability to support other local businesses. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an indoor recreation facility pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be primarily maintained as a family- oriented bowling and arcade game venue, with technology and staff available to ensure that the use remain in compliance with the City's curfew laws and with the standards in place for venues that offer indoor recreation opportunities for use to the general public. • The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a venue that offers indoor bowling and other activities offers additional recreation options for Santa Ana residents and visitors. The granting of this conditional use permit also contributes to the development of Westfield MainPlace and Santa Ana as a regional destination. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The former anchor building in which the facility is proposed has undergone a significant amount of rehabilitation in anticipation of the project, with additional improvements intended to accommodate an eclectic mix of complementary uses. The tenancy of Round 1 Entertainment at the mall will help ensure the long -term maintenance of Westfield MainPlace, which contributes significantly to the City's revenues. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval have been placed on the proposed facility that will maintain a safe and attractive environment in the area. Complementing this, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The facility will be located in a commercial area and its operations will complement and will be compatible with the surrounding commercial businesses. Finally, Goal 2 of the Economic Development Element supports maintaining and enhancing the diversity of the City's economic base. The proposed use supports Policy 2.1 of this Element, creating the potential for an entertainment district at the mall, and Policy 2.3, encouraging the development of mutually beneficial and supportive business clusters. The proposed family - oriented bowling and arcade game facility will attract patrons who may continue to support other commercial services in the area, including retail establishments, service uses, and restaurants. CUP Nos. 2014 -30 & 2014 -31 August 25, 2014 Page 7 Type 47 Alcoholic Beverage Control License (CUP No. 2014 -31) SAMC Section 41 -196 requires a CUP for establishments selling alcohol for on -site or off -site consumption. The proposed ABC license will allow the proposed indoor recreation facility to offer an additional amenity and dining experience for its patrons that is consistent with other eating establishments in the area. Moreover, operational standards will mitigate potential impacts from Type 47 ABC license (Exhibit 7). 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 facility'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 full - service dining experience within a family - oriented indoor recreation venue. 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. The food service area will offer a full range of meal options to its patrons 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 within an indoor recreation venue. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the venue to compete with other similar indoor recreation venues nearby in Santa Ana and the region that also offer a full selection of meals and alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow Round 1 Entertainment, a relatively new business concept in the United States, to remain economically viable and contributes to the overall success of Westfield MainPlace, 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 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 within the indoor recreation venue 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 one 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. 31A-9 CUP Nos. 2014 -30 & 2014 -31 August 25, 2014 Page 8 • 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 recreation venues that feature foods and alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors, especially those to Westfield MainPlace, which continues to redevelop as a dining, entertainment, 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. Round 1 Entertainment's tenancy will include significant tenant improvements within an anchor building that is being reconfigured to accommodate an eclectic mix of complementary uses. 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 at Westfield MainPlace. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Round 1 Entertainment will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. Police Department Analysis 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 2800 North Main Street, Unit 1100 is located in Reporting District No. 161. 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 will mitigate any potential negative impacts to the surrounding community. 31A -10 CUP Nos. 2014 -30 & 2014 -31 August 25, 2014 Page 9 Public Notification The project site is not located within the boundaries of an established Neighborhood Association. However, staff contacted the president of the nearby Park Santiago Neighborhood Association, who identified no concerns with the project. 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, no correspondence, by phone, 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 operation, repair, maintenance, permitting, or leasing of existing structures. The project proposes to operate a full - service indoor recreation bowling venue and eating establishment 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 -66 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 -30 as conditioned, and Conditional Use Permit No. 2014- 31. ��_ A04- Ali Pezesh pour Assistant Planner I AP:jm ap \reports \Staff Reports for PC \CUP14 -30 &31 Round 1 Indoor Rec & Type 4Zpc Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Conceptual Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Conceptual Elevations (2) Exhibit 7 — Operational Standards for On -Sale Establishments 31A-1 1 Al G� LAGRCIJLTUP LT CR CDMMH ALf D�AL m SNC FAMILYF D�AL -B 9 WNGMODIRC 7ON GC GOVEMMMTC� R2 M FAMILYF DBJ G3 O MedOALSDUTHMAIN Mi UI INDU AL m MUM DBSWMUOT E Ct OCMMUNITYOCIvIM6 AL M2 HFAWINDUSIRAL FAMILYFESD6M Cl-MD @MM. MMM90AUMUMJMDISTF MO MILITAWOF9 TONS P4 MWS NAFRR PITS C2 G6MH LNMMB AL O OF ST+.CE R'e RMD9J ALESTATE m CBJ LWSNESS p FFmFe GML m 3 ACD'c OFMBJT CSA CBMTRAL&SNE ARf MLLAGE FCO R NNMCDMMUNITIDEVB_QWN 9' SiJHCP N C4 ft NNM9OMNG� P,3C R NNMf D6IAL DE OWMT CS ARIEFdALOCMMH AL CUP 2014 -30 01 ROUND 1 ENTERTAINMENT 2800 NORTH MAIN STREET #1100 - - = 500 FEET V = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E -NC Y �y EjXHHIIBIT1 sl w- 1 p� L 5 COMMERCIAL C-0 mm. 22 GARDEN GROVE FREEWAY SFM MM. CITY OF ORANGE CUP 2014 -30 &31 ROUND 1 ENTERTAINMENT (S 2800 NORTH MAIN STREET #1100 4\ P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT2 LAND USE MAP 31A -13 CUP 2014 -30 & 2014 -31 ROUND 1 ENTERTAINMENT 2800 NORTH MAIN STREET, UNIT 1100 SITE PHOTO EXHIBIT 3 31A -14 o EXHIBIT 4 31A-15 J(1, 3 'z 0 0 2 oa 'n 00 zz . a y r w t tl39CVY#56Alltl �' ( 1 I It p I v .a .I h' A. cr C1 � it, � �` � , 1 (J i' �r N3Hb11M Y3 G s�-r - bum I , soa�iuua c � � w i IIHI(fJf.. J '; ui r o Mt ( 6 i. /F �IT"� JI -_. O O O U O C7 O 10, O 3'VAWf6P 1I) Q) Q CJ m m m EXHIBIT 6 ITAIA 7 91 a > a ■ < C-) .... .. . . ..... 2f...... ..... a q / .\ 2 \ \ / - / w � 2 a ■ < C-) .... .. . . ..... 2f...... ..... a q / .\ 2 \ \ 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 1. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food 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 7 31 A' - -A 9 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. 31 Af=20 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: 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, 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. f. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 31Af21 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. 31 *-'22 ROH - 08/25/14 RESOLUTION NO. 2014 -29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2014 -30 AS CONDITIONED TO ALLOW INDOOR RECREATION AND CONDITIONAL USE PERMIT NO. 2014-31 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 2800 NORTH MAIN STREET, UNIT 1100 BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of: Conditional Use Permit No. 2014- 30 for indoor recreation to allow a family- oriented bowling venue and Conditional Use Permit No. 2014 -31 for a Type 47 (on -sale general) Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of beer, wine, and distilled spirits for the property located at 2800 North Main Street, Unit 1100. B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use permit for establishments that provide indoor commercial recreation. C. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption. D. On August 25, 2014, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -30 and Conditional Use Permit No. 2014 -31. 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 -30 to allow for indoor commercial recreation: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed indoor recreation venue will provide a service to the community by allowing an additional recreational use within the City and by adding a use to the Westfield MainPlace mall that will complement the existing commercial Resolution No. 2014 -29 31A-23 Page 1 of 10 uses, such as retail and dining, within the immediate vicinity. The facility, with primary emphasis on bowling, arcade games, and dining, has the potential to draw clientele from local areas as well as from afar, enhancing the commercial base of Santa Ana and enhancing the viability of other commercial uses in the area. Conditions of approval will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. This unique use will contribute to the diversification of the range of goods and services available to the patrons who visit the mall. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed conditional use permit for the indoor recreation facility at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the use that will mitigate any potential negative or adverse impacts created by the use. The tenant, Round 1 Entertainment, will maintain the proper equipment, staff training, and procedural manuals required to ensure that the venue remain safe and complementary to the existing uses in the area. In addition, the use will occur entirely within the interior of the premises, with no outdoor operations proposed at the location. Staff and security personnel will maintain the area's order, preventing impacts to adjacent sidewalks or streets from pedestrian activity or vehicular circulation. The tenancy of Westfield MainPlace, located on one of the City's most important corridors, will enhance the safety of the immediate vicinity by reducing vacancy at the site and once again bringing activity to a portion of the mall site that has been vacant for several years, thereby enhancing security in the surrounding area. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area but will instead allow the facility to operate, thereby reducing the vacancy rate at Westfield MainPlace and creating the possibility for patrons to support other local, complementing uses such as retail stores, service uses, or restaurants. The tenant suite in which Round 1 Entertainment is proposed has undergone significant investment in order to modernize the building in preparation for new uses that will occupy the building, Resolution No. 2014 -29 31A-24 Page 2 of 10 including the subject venue, dining, retail, and a health club. The conditional use permit will allow Round 1 Entertainment to operate, enhancing the economic viability of the entire mall site, and contributes to the overall success of Westfield MainPlace by reducing vacancies, promoting the success of a local business, and allowing the facility's patrons the ability to support other local businesses. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As 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 within the indoor recreation venue, 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 one percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a venue that offers indoor bowling and other activities offers additional recreation options for Santa Ana residents and visitors. The granting of this conditional use permit also contributes to the development of Westfield MainPlace and Santa Ana as a regional destination. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The former anchor building in which the facility is proposed has undergone a significant amount of rehabilitation in anticipation of the project, with additional improvements intended to accommodate an eclectic mix of complementary uses. The tenancy of Round 1 Entertainment at the mall will help ensure the long -term maintenance of Westfield MainPlace, which contributes significantly to the City's revenues. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions Resolution No. 2014 -29 31A-25 Page 3 of 10 of approval have been placed on the proposed facility that will maintain a safe and attractive environment in the area. Complementing this, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The facility will be located in a commercial area and its operations will complement and will be compatible with the surrounding commercial businesses. Finally, Goal 2 of the Economic Development Element supports maintaining and enhancing the diversity of the City's economic base. The proposed use supports Policy 2.1 of this Element, creating the potential for an entertainment district at the mall, and Policy 2.3, encouraging the development of mutually beneficial and supportive business clusters. The proposed family- oriented bowling and arcade game facility will attract patrons who may continue to support other commercial services in the area, including retail establishments, service uses, and restaurants. 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. 2014 -31 to allow for the sale of alcoholic beverages for on -site consumption: 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 facility'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 full - service dining experience within a family- oriented indoor recreation venue. 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. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed Type 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 Resolution No. 2014 -29 31A-26 Page 4 of 10 or adverse impacts created by the use. The food service area will offer a full range of meal options to its patrons 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 within an indoor recreation venue. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the venue to compete with other similar indoor recreation venues nearby in Santa Ana and the region that also offer a full selection of meals and alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow Round 1 Entertainment, a relatively new business concept in the United States, to remain economically viable and contributes to the overall success of Westfield MainPlace, helping to decrease the number of vacant spaces that may affect the economic viability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations 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 within the indoor recreation venue 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 one percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service recreation venues that feature foods and Resolution No. 2014 -29 31A-27 Page 5 of 10 alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors, especially those to Westfield Main Place, which continues to redevelop as a dining, entertainment, 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. Round 1 Entertainment's tenancy will include significant tenant improvements within an anchor building that is being reconfigured to accommodate an eclectic mix of complementary uses. 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 at Westfield MainPlace. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Round 1 Entertainment will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. 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 operation, repair, maintenance, permitting, or leasing of existing structures. The project proposes to operate a full - service indoor recreation bowling venue and eating establishment 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 -66 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 -30 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein and Conditional Use Permit No. 2014 -31. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated August 25, 2014 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2014 -29 31A-28 Page 6 of 10 ADOPTED this 25th day of August 2014 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) 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 -29 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 25, 2014. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2014 -29 31A-29 Page 7 of 10 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2014 -30 Conditional Use Permit No. 2014 -30 for indoor recreation for a bowling and game arcade venue 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. The premises shall at all times contain 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 congregating 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 venue, parking areas, and /or sidewalks and not towards other properties. 5. There shall be no amplified sound used outside the building. 6. The premises shall at all times be maintained as indoor bowling and game arcade venue. 7. The sales, service, and consumption of alcoholic beverages shall be subject to the issuance of a separate conditional use permit. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on the subject property or any property adjacent to the premises. 8. "No loitering" signs shall be posted at the front and rear entrances of the business. In addition, a waiting area shall be provided for customers waiting to use a computer. No outside seating area is permitted. Resolution No. 2014 -29 31A-30 Page 8 of 10 9. Occupancy shall not exceed that required under the uniform building code and uniform fire code, and the maximum occupancy load shall be posted at the main entrance. 10. Queuing lines outside the facility shall be managed in an orderly manner and all disruptive patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. 11. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the establishment. 12. Install a silent armed robbery alarm. 13. Any activities or tournaments that meet State definitions and that conflict with State laws on gambling, including "games of chance," are strictly prohibited. 14. The establishment shall maintain and operate a camera /video surveillance system with recording capability during all business hours. The system shall cover the entire interior of the premises and all entrances to and exits from the establishment. The camera /video surveillance system shall be capable of delineating on playback of the system the activity and physical features of persons or areas within the premises. a. Recordings shall be kept a minimum of seventy -two (72) hours. b. The business owner shall permit the city to inspect the recordings during business hours. The system shall be maintained in good working order, including the running of the tapes, disks, or other digital media. C. A sign shall be posted inside and at the entrance to the establishment indicating that the premises are under camera /video surveillance. d. The Police Department shall be granted access through an IP -based system to all surveillance systems. 15. The business operator, at his /her expense shall provide a California licensed uniform security guard on the premises Monday through Friday between 4:00 p.m. and closing, and Saturday through Sunday between 12:00 p.m. and closing, at a rate of one guard per one - hundred (100) patrons, with a minimum of one present, during all special events. a. The chief of police is authorized to require a specific owner /operator to provide a security guard(s) on the premises at other hours of the day in the event that there are significant calls for service relating to assaults, gang related activity, weapons offenses, disturbances, and juvenile related crime, including truancy, or other good cause. Resolution No. 2014 -29 31A-31 Page 9 of 10 b. Any decision of the chief of police may be appealed to the city council. Any appeal shall be made within ten (10) calendar days following the date of the decision by the chief of police. Further, such appeal period shall end at 5:00 p.m. on the tenth calendar day following such date of the written decision by the chief of police. If such tenth calendar day ends on a Saturday, Sunday or holiday, the 10 -day period shall end at 5:00 p.m. on the next regular business day. C. All appeals shall be in writing and on forms provided by the planning department and shall specify wherein there was any error of decision or requirement by the chief of police. Furthermore, a copy of such appeal shall be filed with the planning department and the clerk of the council. d. Upon receipt of such appeal, the planning department shall set the matter for hearing by the city council. e. The city council may, after public hearing, affirm, reverse, change, or modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by this chapter. Such decision shall be filed with the clerk of the council, and the planning department; one (1) copy thereof shall be sent to the applicant. 16. This conditional use permit serves to approve an indoor bowling and arcade game facility only. Any change in type of indoor recreation as defined by SAMC Section 41 -142 and is subject to approval of a new conditional use permit. Resolution No. 2014 -29 31A-32 Page 10 of 10