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HomeMy WebLinkAbout20140825_Reso2014-29_2800NMainSte1100ROH - 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: 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 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 Page 2 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 Page 3 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 Page 4 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: 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 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 Page 5 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 Page 6 of 10 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. 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 Page 7 of 10 ADOPTED this 25th day of Au ust 2014 by the following vote: AYES: Commissioners NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R..Qgrvalho,,,City Attorney By. ' A Ryan dr . 1 Assistant i odge lI 'aity Attorney Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (7) None (0) None (0) None (0) Chairman 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: g- 21�-1c� Wim-"PAwiv Planning Commission Secretary City of Santa Ana Resolution No. 2014 -29 Page 8 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 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 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 Page 10 of 10