HomeMy WebLinkAbout20140811_Reso2014-28_204WFourthROH - 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
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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
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.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed use will not adversely affect the economic
stability of the area, but will instead allow the restaurant to
compete with other nearby restaurants 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.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed project will be in compliance
with all applicable regulations and conditions imposed on an
eating establishment pursuant to Chapter 41 of the Santa
Ana Municipal Code and the Transit Zoning Code (SD84)
zoning provisions. The establishment will contain the
necessary equipment to quality as an eating establishment,
and operational standards applicable to the proposed ABC
license will prevent or mitigate any impacts from the
restaurant onto adjacent properties.
Resolution No. 2014 -28
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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
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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
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Land Use Element encourages land uses that accommodate
the City's needs for goods and services. Providing a variety
of full - service restaurants with extended hours of operation
offers additional 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.
F. In accordance with the California Environmental Quality Act the
recommended action is exempt for further review per Section 15301. The
Class 1 exemption allows the operation, repair, maintenance, permitting, or
leasing of existing structures. 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: None (0)
ABSENT: Commissioners: Nalle, Yrarrazaval (2)
ABSTENTIONS: Commissioners: None (0)
Resolution No. 2014 -28
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ADOPTED this 11 th 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)
Chairman
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Rye
As:
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: � —/ / -1 of
Planning Commission Secretary
City of Santa Ana
Resolution No. 2014 -28
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4<ii I = rr.1
Conditions for Approval of Conditional Use Permit No. 2014 -26
(After -Hours Operation)
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 prior to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
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
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