HomeMy WebLinkAbout31AA - CUP - 305 N SPURGEONREQUEST FOR
COUNCIL ACTION
OCTOBER 21, 2014
TITLE:
CONDITIONAL USE PERMIT NO. 2013 -43 TO ALLOW
A TYPE 47 ALCOHOLIC BEVERAGE CONTROL
LICENSE AND CONDITIONAL USE PERMIT NO,
2013 -44 TO ALLOW AFTER -HOURS OPERATION
UNTIL 2:00 A.M. AT YOJIE JAPANESE FONDUE
RESTAURANT AT 305 NORTH SPURGEO'N STREET
- LAMSON NGUYEN, APPLICANT (STRATEGIC
PLAN NO/S. 3, 2; 3, 4)
J � _
CITY MANAGIj
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
F-AT0_11071ce
❑ As Recommended
❑ As Amended
❑ Ordinance on is` Reading
❑ Ordinance on 2 "B Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2014 -43 and Conditional
Use Permit No. 2014 -44 as conditioned,
PLANNING COMMISSION ACTION
On September 22, 2014, the Planning Commission adopted a resolution approving Conditional
Use Permit No, 2014 -43 to allow a Type 47 Alcoholic Beverage Control license in order to sell
beer, wine and distilled spirits for on- premise consumption and Conditional Use Permit No. 2014-
44 as conditioned to allow after -hours operation until 2:00 a.m. by a vote of 6:0 (Alderete absent)
at the Yojie Japanese Fondue restaurant located at 305 North Spurgeon Street in the Transit
Zoning- Downtown (SD -84) zoning district. The Planning Commission made no changes to the
recommended conditions of approval outlined in the attached staff report (Exhibit A).
DISCUSSION
The Yojie Japanese Fondue restaurant is proposed to be located within the historic Ritz Hotel,
immediately adjacent to the Yost Theater at the northeast corner of Third and Spurgeon Streets
(southernmost side of the East End Promenade), The Yojie Japanese Fondue restaurant will be a
franchised restaurant that serves lunch and dinner. There are currently three other California
locations: Artesia, Diamond Bar, and Los Angeles. 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 and
approval to remain open until 2:00 a.m. The restaurant will feature shabu -shabu dining which is a
Japanese dish where thinly sliced meat is cooked in boiling broth and served with a variety of
vegetables, broth, noodles, and rice. Full -sized plans are available for public viewing in the Clerk
of the Council Office.
31 AA -1
CUP Nos. 2014 -43 & 2014 -44
October 21, 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) and Objective No. 4
(continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse,
shopping, dining and entertainment destination).
FISCAL IMPACT
There is no fiscal impact associated with this action
4 �-
Karen Haluza
Interim Executive Director
Planning & Building Agency
HS:rb
hs:Yojle Japanese Fondue/GUP13- 43,44.cc
Exhibit: A. Planning Commission Staff Report
31 AA -2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
SEPTEMBER 22, 2014
TITLE:
PUBLIC HEARING — FILED BY LAMSON NGUYEN
FOR CONDITIONAL USE PERMIT NO. 2013-43 TO
ALLOW A TYPE 47 ALCOHOL BEVERAGE CONTROL
LICENSE AND CONDITIONAL USE PERMIT NO. 2013-
44 TO ALLOW AFTER -HOURS OPERATION UNTIL 2:00
A.M. AT YOJIE JAPANESE FONDUE RESTAURANT AT
305 NORTH SPURGEON STREET (Strategic Plan Nos.
3, 2; 3, 4)
Prepared by _tally Sgboleske
Interim Executive D'r ctor
PLANNING COMMISSION SECRETARY
APPROVED
•
As Recommended
•
As Amended
•
Set Public Hearing For
DENIED
•
Applicant's Request
•
Staff Recommendation
CONTINUED TO
Acting PI, nning anager
1. Adopt a resolution approving Conditional Use Permit No. 2013 -43 to allow a Type 47 ABC license.
2. Adopt a resolution approving Conditional Use Permit No. 2013 -44 as conditioned to allow business
operations until 2:00 a.m.
DISCUSSION
Request of Applicant
Lamson Nguyen, proprietor for Yojie Japanese Fondue restaurant, is requesting approval of a
conditional use permit (CUP) to allow a Type 47 Alcoholic Beverage Control (ABC) license for the
on- premise sale and consumption of beer, wine, and distilled spirits at a new restaurant.
Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section
41 -196 of the Santa Ana Municipal Code (SAMC). The applicant is also requesting approval of a
CUP to allow business operations until 2:00 a.m. per Section 41 -2007 of the SAMC.
Project Location and Site Description
The Yojie Japanese Fondue restaurant is proposed to be located within the historic Ritz Hotel,
immediately adjacent to the Yost Theater at the northeast corner of Third and Spurgeon Streets at the
southernmost side of the East End Promenade. The lot is approximately 7,888 square feet in size
and is developed with a two -story 11,484 square foot commercial building. The suite this restaurant
proposes to occupy is 1,972 square feet in size and is on the ground floor. The Ritz Hotel was
placed on the Santa Ana Register of Historical Properties in 2008 as a Landmark structure.
Surrounding land uses include commercialloffice to the north, south, east and west (Exhibits 1, 2
and 3).
EXHIBIT A
31 AA -3
CUP Nos.. 2013 -43 & 2013 -44
September 22, 2014
Page 2
Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project
vicinity indicates there are currently 14 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), eight Type 47 ABC licenses (on -sale beer, wine and distilled spirits), one Type 42
license (public premise beer and wine only), one Type 48 (public premise beer, wine and distilled
spirits), and one Type 23 license (brewery). However, this information does not affect the analysis or
recommendation contained in this report.
Project Description
The Yojie Japanese Fondue restaurant proposes to occupy a 1,972 square foot suite on the ground
floor of the Ritz Hotel Building, The building has traditionally contained a mixture of commercial uses,
including retail, office and service uses.
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 49 seats within its 675 square foot dining room. A 397 square foot outdoor
seating area is proposed at the front of the restaurant which will seat 16 persons. The on- premise
sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary
restaurant use. Overall alcohol storage and display areas will contain approximately 40 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 from 11:00 a.m. to 2:00 a.m. seven days per
week. Operations past 12:00 midnight in the Transit Zoning Code (SD -84) require approval of a
separate CUP.
Project Backaround
The Ritz Hotel Building was constructed in the Classical Revival style in 1912. Although a separate
building from the Yost Theater, it is visually joined by a parapet and simple cornice. The hotel
transitioned into commercial land uses in 1988. The building has been occupied by a variety of retail
and service businesses and office uses with the last tenant being Double Discount retailer which
has relocated to First Street.
The Yojie Japanese Fondue restaurant will be a franchised restaurant that serves lunch and dinner.
There are currently three other California locations: Artesia, Diamond Bar; and Los Angeles. The
restaurant will feature shabu -shabu dining which is a Japanese dish where thinly sliced meat is
cooked in boiling broth and served with a variety of vegetables, broth, noodles, and rice, The name
comes from the sound that is made as the meat is swished through the broth: "swish, swish."
31 AA -4
CUP Nos. 2013 -43 & 2013 -44
September 22, 2014
Page 3
General Plan and Zonina Consistent
The General Plan land use designation for the site is District Center (DC). District Center areas are
designed to serve as anchors for the City's commercial corridors, and to accommodate major
development activity. District Centers are to be developed with an urban character including a mix of
office, commercial and residential land uses including other restaurants with ABC licenses. The
project site is consistent with this General Plan land use designation.
The zoning for the site is the Transit Zoning Code /Specific Development No. 84 (SD -84). The SD-
84 zoning district allows for retail and service uses such as restaurants, making the proposed use
consistent with the zoning code.
Proiect 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.
If these findings can be made, then it is appropriate to grant the Conditional use permit. Conversely,
the inability to make these findings would result in a denial. Using this information staff has prepared
the following analysis, which, in turn forms the basis for the recommendation contained in this report.
In analyzing the conditional use permit requests, staff believes that the following findings of fact
warrant approval of the conditional use permits.
31 AA -5
CUP Nos. 2013 -43 & 2013 -44
September 22, 2014
Page 4
Conditional Use Permit No. 2014 -02 — Type 47 ABC license.
The Yojie Japanese Fondue restaurant is requesting approval of a Type 47 Alcoholic Beverage
Control (ABC) license to allow the on- premise consumption of beer, wine, and distilled spirits. The
applicant intends to sell alcoholic beverages as an ancillary service to the primary restaurant use.
Staff has reviewed the applicant's request and has determined that the proposed establishment is in
compliance with the standards for establishments selling alcoholic beverages.
The proposed alcoholic beverage license will provide for an ancillary service to the restaurant's
customers by allowing them the ability to purchase beer, wine, and distilled spirits with their food.
The Type 47 ABC license is only issued to restaurants that meet the State's standards as a bona
fide eating establishment indicating that alcohol sales are not intended to be the primary use of the
business. Conditions have been placed on the alcoholic beverage control license, which further
emphasize the sales of alcohol as an ancillary use.
• The proposed 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 conditions have been
placed upon the alcoholic beverage control license that will mitigate any potential negative or
adverse impacts that could be created by the use. In addition, the use will occur within the premises
in accordance with the standards of the State Department of Alcoholic Beverage Control.
The proposed use will not adversely affect the economic stability of the area, but will instead allow
the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale
to their patrons. Moreover, the offering of alcoholic beverages as an ancillary product to food
supports the establishment of a full - service restaurant. The proposed use will serve to re- tenant a
previously vacant building, thereby decreasing the number of vacant tenant spaces that may affect
the economic stability of the area.
As conditioned, 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 for restaurants selling alcohol with their meal The facility will be
maintained as a bona -fide eating establishment as defined in Section :23038 of the California
Business and Professions Code, having suitable kitchen facilities and supplying an assortment of
foods commonly ordered at various hours of the day. Additionally, the restaurant will use 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 offers additional dining options for Santa Ana
residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of
commercial properties, and encourages increased levels of capital investment. The Ritz Hotel
Building has undergone a significant rehabilitation effort representing a large capital investment.
31 AA -6
CUP Nos. 2013 -43 & 2013 -44
September 22, 2014
Page 5
The tenanting of this building with a full - service restaurant use further supports the rehabilitation
of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and
reuse of historical buildings and sites. The Ritz Hotel Building is listed on the Santa Ana Register
of Historical Properties. The rehabilitation and tenanting of this building supports its retention and
reuse.
Conditional Use Permit No. 2014 -03 — After Hours Operation:
Santa Ana Municipal Code (SAMC) Section 41 -2007 (Table 2A) requires a conditional use permit for
any eating establishment with hours of operation between 92:00 a.m. and 7:00 a.m. The proposed
hours of operation for Yojie Japanese Fondue restaurant are 11:00 a.m, to 2:00 a.m., seven days a
week, which are consistent with the operating hours of other downtown restaurants. Yoj e
restaurant proposes to be open for lunch and dinner.
The proposed after -hours operation will provide an ancillary service to the restaurant customers by
allowing them the ability to offer meals after 12:00 midnight, thereby providing an additional dining
option within the downtown area. This will benefit the community by providing a restaurant with an
additional and complementary food - related amenity. The after -hours operation is consistent with
that of other restaurants in the downtown and offers customers another late night dining alternative.
Conditions have been placed on the after - hours permit that will mitigate any potential impacts
created by the use and ensure that the use will not negatively affect the surrounding community.
The proposed after -hours operation is consistent with other restaurants operating in the downtown,
and provides additional food choices for local residents and visitors. The after - hours operation will
not be detrimental to persons residing or working in the vicinity because conditions have been
placed on the permit that will mitigate any potential negative or adverse impacts created by the use.
In addition, the outdoor patio shall close at midnight as a courtesy to nearby residences to mitigate
noise.
The proposed use will not adversely affect the economic stability of the area, but will instead allow
the restaurant to compete with other nearby restaurants that also offer after -hours meals to their
patrons. Moreover, the late night hours allows the restaurant to remain economically viable and
contributes to the overall success of the downtown area in which it is located, helping to decrease
the number of vacant tenant spaces that may affect the economic viability of the site. The after -
hours operation will contribute to the success of downtown by widening the time frame that food
service is available thereby encouraging customers to stay longer in the area.
As conditioned, the proposed project will be in compliance with all applicable regulations and
conditions imposed on a restaurant open after 12:00 midnight pursuant to Chapter 41 of the Santa
Ana Municipal Code.
31 AA -7
CUP Nos. 2013 -43 & 2013 -44
September 22, 2014
Page 6
The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use
Element encourages land uses that accommodate the City's needs for goods and services. A
restaurant which operates after hours will provide a dining service to the residents of Santa
Ana. Policy 2.9 of the Land Use Element supports developments that create a business
environment that is safe and attractive. Conditions of approval, in conjunction with the
operational standards for the proposed Type 47 ABC license will help maintain a safe and
attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages
development that is compatible with and supporting of surrounding land uses. The proposed
Yojle Japanese Fondue restaurant will be located in a commercial corridor and is compatible
with surrounding land uses.. A restaurant with after -hours operations provides a dining service
to the residents of Santa Ana..
Police Department Analvsis
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 305 North Spurgeon 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 site is located within the boundaries of the Downtown Neighborhood Association and
the Lacy Neighborhood Association, and is within the Downtown National Register Historic
District. Staff contacted the presidents of the Downtown Neighborhood Association and the Lacy
31 AA -8
CUP Nos. 2013 -43 & 2013 -44
September 22, 2014
Page 7
Neighborhood Association to ensure they were notified of this project and to identify any areas of
concern. Tish Leon of the Downtown Neighborhood Association supports the proposed project,
and Jose Leal, the Lacy Neighborhood president, did not have any concerns at this time. The
project site itself was posted with a notice advertising this public hearing, a notice was published
in the Orange County Reporter and mailed notices were sent to all property owners and tenants
within 500 feet of the project site. At the time of this printing, no correspondence, either written or
electronic, had been received from any members of the public.
CEQA Comaliance
In accordance with the California Environmental Quality Act the recommended action is exempt for
further review per Section 15301. The Class 1 exemption allows the licensing of existing private
structures and facilities when there is no expansion of the existing use, but allows the operation,
repair, maintenance, permitting, or leasing of existing structures. Categorical Exemption
Environmental Review No. 2014 -6 will be filed for this project.
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) and Objective No. 4
(continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse,
shopping, dining and entertainment destination).
Conclusion
Based on the analysis provided within this report,
approve Conditional Use Permit No. 2013 -43
conditioned.
Hally SoboLUske
Associate Planner
HS:jm
hs:Yojle_dapanese_Kandue /CUP 13- 43.44.pc
Attachments:
Exhibit 1 -- Vicinity Map
Exhibit 2 — Location Map
Exhibit 3 — Site Photo (Entry)
staff recommends that the Planning Commission
and Conditional Use Permit No. 2013 -44 as
Exhibit 4— Site Plan
Exhibit 5 — Floor Plan
Exhibit 6 — Operational Standards for On -Sale Establishments
31 AA -9
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EXHIBIT 1
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31 AA -10
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CUP 2013 -43 & 44
YOJIE JAPANESE FONDUE RESTAURANT,^
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P L A N N I N E A N D B U I L D I N G A G E N C Y
LAND USE MAP
EXHIBIT 2
31 AA -11
CUP - 2013 -43 & 44
CITY OF SANTA ANA - CONDITIONAL USE PERMIT
305 NORTH SPURGEON STREET
EXHIBIT 3
31 AA -12
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31AA -14
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.
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 AA -15
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 applicantis) 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 AA -16
19. Any graffiti painted or marked upon the premises or on any adjacent area under
the control of the licensee(s) shad 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 Il, 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.
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.
3of4
31 AA -17
24. The operator shall be responsible for submitting a detailed outdoor fencing and
dining plan where outdoor dining is proposed as part of the business operation. If
the proposed dining area or fencing is in the public right of way, the applicant must
obtain all required permits and approvals from the Public Works Agency.
25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of
the gross floor area of the licensed establishment.
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31 AA -18
ROH - 09/22/14
RESOLUTION NO. 2014 -35
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING: CONDITIONAL
USE PERMIT NO. 2013 -43 TO ALLOW A TYPE 47
ALCOHOLIC BEVERAGE CONTROL LICENSE AND
CONDITIONAL USE PERMIT NO. 2013-44 AS
CONDITIONED TO ALLOW AFTER -HOURS OPERATION
FOR THE PROPERTY LOCATED AT 305 NORTH
SPURGEON 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. 2013 -43 to
allow a Type 47 Alcoholic Beverage Control (ABC) license and Conditional
Use Permit No. 2013 -44 to allow after -hours operations until 2:00 a.m. for
the property located at 305 North Spurgeon 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
businesses operating between the hours of 12:00 a.m. and 7:00 a.m.
C. On September 22, 2014, the Planning Commission held a duly noticed
public hearing on Conditional Use Permit No. 2013 -43 and Conditional
Use Permit No. 2013 -44.
D. The Planning Commission determines that the following findings, which
must be established in order to grant this Conditional Use Permit
pursuant to Santa Ana Municipal Code Section 41 -638, have been
established for Conditional Use Permit No. 2013 -43 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 alcohol beverage license will provide an
ancillary service to restaurant customers by allowing them
the ability to purchase beer, wine and distilled spirits with
their food. This will thereby benefit the community by
providing a restaurant with an additional and complementary
food - related amenity. Standards have been placed on the
Resolution No. 2014 -35
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31 AA -19
alcoholic beverage control license which will mitigate any
potential impacts created by the use and ensure that the use
will not negatively affect the surrounding community.
2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity?
The proposed license for the on -sale consumption of alcohol
at this location will not be detrimental to persons residing or
working in the vicinity because the applicable standards for
an on -sale alcoholic beverage control license will mitigate
any potential negative or adverse impacts created by the
use.
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 restaurants in the area that also offer full
alcoholic beverages for sale to their guests and other
visitors. Additionally, the ABC license will allow the
restaurant to be economically viable and contribute to the
success of the City of Santa Ana's economy.
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
alcohol pursuant to Chapter 41 of the Santa Ana Municipal
Code. The facility has the kitchen facility necessary to be
considered a bona fide restaurant use and is eligible to
obtain a restaurant related alcoholic beverage control
license. Additionally, the restaurant will utilize less than five
percent of the gross floor area for the storage of alcoholic
beverages, which is below the maximum threshold
established by the Municipal Code.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed use will not adversely affect the General Plan.
Policy 1.8 of the Land Use Element encourages a balance of
land uses to address basic community needs through
encouraging commercial services. Approval of the Yojie
Japanese Fondue restaurant will provide additional dining
and retail uses within the Downtown, which is a primary
commercial area of the city. Policy 2.2 of the Land Use
Resolution No. 2014 -35
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31 AA -20
Element encourages land uses that accommodate the City's
needs for various goods and services, and this facility
proposes a new food establishment in the downtown area.
Policy 2.9 of the Land Use Element supports developments
that create a business environment that is safe and
attractive, and the Yojie Japanese Fondue restaurant
proposes to offer a family friendly environment. Operational
standards for the proposed Type 47 ABC license are
intended to maintain a safe and attractive environment in
Santa Ana. Policy 5.5 of the Land Use Element encourages
development that is compatible with and supporting of
surrounding land uses. The proposed Yojie Japanese
Fondue restaurant will be located in a commercial corridor
and is compatible with surrounding land uses. Restaurants
with an ancillary alcohol license provide a dining service to
the residents of Santa Ana.
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. 2013 -44 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 operation will provide an ancillary
service to the restaurant customers by allowing them the
ability to offer meals after 12:00 midnight, thereby providing
an additional dining option within the downtown area. This
will benefit the community by providing a restaurant with an
additional and complementary food - related amenity. The
after -hours operation is consistent with that of other
restaurants in the downtown and offers customers another
late night dining alternative. Conditions have been placed
on the after -hours permit that will mitigate any potential
impacts created by the use and ensure that the use will not
negatively affect the surrounding community.
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 operation is consistent with other
restaurants operating in the downtown, and provides
additional food choices for local residents and visitors. The
after -hours operation will not be detrimental to persons
Resolution No. 2014 -35
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31 AA -21
residing or working in the vicinity because conditions have
been placed on the permit that will mitigate any potential
negative or adverse impacts created by the use. In addition,
the after -hours dining will occur within the premises and will
not create adverse impacts.
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 that also offer after -
hours meals to their patrons. Moreover, the late night hours
allows the restaurant to remain economically viable and
contributes to the overall success of the downtown area in
which it is located, helping to decrease the number of vacant
tenant spaces that may affect the economic viability of the
site. The after -hours operation will contribute to the success
of downtown by widening the time frame that food service is
available thereby encouraging customers to stay longer in
the 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 a
restaurant open after 12:00 midnight pursuant to Chapter 41
of the Santa Ana Municipal Code.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed use will not adversely affect the General Plan.
Policy 2.2 of the Land Use Element encourages land uses
that accommodate the City's needs for goods and services.
A restaurant which operates after hours will provide a dining
service to the residents of Santa Ana. Policy 2.9 of the Land
Use Element supports developments that create a business
environment that is safe and attractive. Conditions of
approval, in conjunction with the operational standards for
the proposed Type 47 ABC license will help maintain a safe
and attractive environment in Santa Ana. Policy 5.5 of the
Land Use Element encourages development that is
compatible with and supporting of surrounding land uses.
The proposed Yojie Japanese Fondue restaurant will be
located in a commercial corridor and is compatible with
surrounding land uses. A restaurant with after -hours
Resolution No. 2014 -35
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31 AA -22
operations provides a dining service to the residents of
Santa Ana.
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 licensing of existing private structures and
facilities when there is no expansion of the existing use, but allows the
operation, repair, maintenance, permitting, or leasing of existing structures.
Categorical Exemption Environmental Review No. 2014 -6 will be filed for
this project.
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2013 -43 and
Conditional Use Permit No. 2013 -44 as conditioned in Exhibit A attached hereto and
incorporated as though fully set forth herein. 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 September 22, 2014, and exhibits
attached thereto; and the public testimony, all of which are incorporated herein by this
reference.
ADOPTED this 22nd day of September, 2014 by the following vote:
AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Alderete(1)
ABSTENTIONS: Commissioners: None (0)
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
Eric Alderete
Chairman
31 AA -23
Resolution No. 2014 -35
Page 5 of 7
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify
the attached Resolution No. 2014 -35 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on September 22, 2014.
Date:
Planning Commission Secretary
City of Santa Ana
Resolution No. 2014 -35
Page 6 of 7
31 AA -24
EXHIBIT A
Conditions for Approval of Conditional Use Permit No. 2013 -44
(After -Hours Operation)
Conditional Use Permit No. 2013 -44 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the California Building Standards
Code and all other applicable regulations.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
The premises shall at all times be maintained as a bona -fide eating establishment
as defined in Section 23038 of the California Business and Professions code and
shall provide a menu containing an assortment of foods normally offered. The
premises must have suitable kitchen facilities and supply an assortment of foods
commonly ordered at various hours of the day. Full and complete meals must be
served whenever the privileges of the on -sale license are being exercised.
2. Live Entertainment, including but not limited to, amplified music, karaoke,
performers and dancing, is subject to compliance with Santa Ana Municipal Code
( "SAMC) Chapter 11 and shall comply with all of the standards contained therein.
Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet
from the exterior of the premises in any direction.
3. The applicant(s) shall be responsible for maintaining free of litter the area adjacent
to the premises under the control of the licensee.
4. There shall be no amplified sound used outside the building.
5. A Trash Program and submittal of a notarized and recorded Reciprocal Trash
Agreement shall be provided prior to issuance of a Certificate of Occupancy.
6. Sign permits (both permanent and temporary) are under separate submittal.
7. Special events are subject to a Land Use Certificate where such activities will take
place outside of the restaurant building.
8. The restaurant may remain open until 2:00 a.m., occupancy the outdoor patio is
restricted to 7:00 a.m. to 12:00 midnight.
Resolution No. 2014 -35
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31 AA -25
31 AA -26