HomeMy WebLinkAbout20141124_Reso2014-42_225NBroadwayROH - 11/24/14
RESOLUTION NO. 2014 -42
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING: CONDITIONAL
USE PERMIT NO. 2014 -33 TO ALLOW A TYPE 47
ALCOHOLIC BEVERAGE CONTROL LICENSE;
CONDITIONAL USE PERMIT NO. 2014-34 AS
CONDITIONED TO ALLOW AFTER -HOURS OPERATION;
CONDITIONAL USE PERMIT NO. 2014-35 AS
CONDITIONED TO ALLOW A BANQUET USE; AND,
CONDITIONAL USE PERMIT NO. 2014-42 AS
CONDITIONED TO ALLOW AN INDOOR COMMERCIAL
RECERATION USE FOR THE PROPERTY LOCATED AT
225'/2 NORTH BROADWAY
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 -33 to
allow a Type 47 Alcoholic Beverage Control (ABC) license; Conditional
Use Permit No. 2014 -34 to allow after -hours operations until 2:00 a.m.;
Conditional Use Permit No. 2014 -35 to allow a banquet use; and,
Conditional Use Permit No. 2014 -42 to allow an indoor commercial
recreation use for the property located at 225/2 North Broadway.
B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use
permit for: the sale of alcoholic beverages for on -site consumption,
businesses operating between the hours of 12:00 a.m. and 7:00 a.m.,
banquet uses, and indoor commercial recreation.
C. On November 24, 2014, the Planning Commission held a duly noticed
public hearing on Conditional Use Permit No. 2014 -33, Conditional Use
Permit No. 2013 -34, Conditional Use Permit No. 2014 -35, and Conditional
Use Permit No. 2014 -42.
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 -33 to allow for a Type 47
ABC license:
Resolution No. 2014 -42
Page 1 of 12
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
alcoholic beverage control license 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 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. In addition, the use will occur within the premises and
is incidental to an established bona fide eating establishment
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
Resolution No. 2014 -42
Page 2 of 12
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 Copper
Door 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 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 2.8 of the Land Use Element
promotes the rehabilitation of commercial properties, and
encourages increased levels of capital investment. The
Pacific Building has undergone a significant rehabilitation
effort representing a large capital investment. The re-
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
Pacific Building is listed on the Santa Ana Register of
Historical Properties. The rehabilitation and re- tenanting of
this building supports its retention and reuse. 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 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 Copper Door
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. 2014 -34 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?
Resolution No. 2014 -42
Page 3 of 12
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
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
Resolution No. 2014 -42
Page 4 of 12
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 that operates after hours will provide a dining
service to the residents of Santa Ana, nearby employees,
and outside visitors. 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
Copper Door 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.
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 -35 to allow for a banquet
use:
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 banquet facility will provide an ancillary
service to the restaurant and their customers by providing a
space to host special functions. This will benefit the
community by providing the Copper Door with an additional
and complementary food - related amenity within the City.
Conditions have been placed on the CUP 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 banquet facility at this location will not be
detrimental to persons residing or working in the vicinity
because conditions have been placed on the permit that will
Resolution No. 2014 -42
Page 5 of 12
mitigate any potential negative or adverse impacts created
by the use. In addition, a banquet facility at this location will
provide an ancillary service to the community, and will occur
within the premises and is incidental to the primary
restaurant 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 nearby restaurants that also offer
banquet facility for special events and private parties.
Moreover, the banquet use will allow the restaurant to
remain economically viable and contribute 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.
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
restaurants operating a banquet use 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 with a banquet facility will provide an additional
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. Operation
standards for the proposed banquet will 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 Copper
Door restaurant is located in a commercial corridor and is
compatible with surrounding land uses.
G. 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 -42 to allow an indoor
commercial recreation use:
Resolution No. 2014 -42
Page 6 of 12
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 commercial recreation operation will
provide an ancillary service to the restaurant customers by
allowing them the ability to offer an additional amenity to
their patrons, thereby benefiting the community by providing
a restaurant with an additional and complementary amenity.
The proposed billiard tables and music is consistent with
other restaurants in the downtown. Conditions have been
placed on the indoor commercial recreation use that will
mitigate any potential impacts created by the use and ensure
that it 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 billiard tables and music offerings provide an
additional dining amenity for local residents and visitors.
The recreation activity 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,
no recreational activity will take place outdoors.
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
offer additional service that will enhance the appeal of the
restaurant. Moreover, the indoor recreation will provide
another way for the restaurant to remain economically viable
and contribute 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 indoor recreation will contribute to the
success of downtown by providing additional options at the
restaurant that complement the dining related amenities
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
Resolution No. 2014 -42
Page 7 of 12
restaurant with an indoor commercial recreation use
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 that operates billiards and provides music
during meals will provide additional dining amenities 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
Copper Door restaurant is located in a commercial corridor
and is compatible with surrounding land uses. A restaurant
with indoor commercial recreation provides an additional
dining amenity to the residents of Santa Ana.
H. 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 -59 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 -33; Conditional
Use Permit No. 2014 -34 as conditioned in Exhibit A attached hereto and incorporated
as though fully set forth herein; Conditional Use Permit No. 2014 -35 as conditioned in
Exhibit B attached hereto and incorporated as though fully set forth herein; and,
Conditional Use Permit No. 2014 -42 as conditioned in Exhibit C 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 November 24, 2014, and exhibits
attached thereto; and the public testimony, all of which are incorporated herein by this
reference.
Resolution No. 2014 -42
Page 8 of 12
ADOPTED this 24th day of November, 2014 by the following vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
ABSTENTIONS:
Commissioners:
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Ry<
As:
Bacerra, Bauer, Gartner, Mill, Nalle (5)
None (0)
Alderete, Yrarrazaval (2)
None (0)
Eric Aldbrete
Ch�frfyi n
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify
the attached Resolution No. 2014 -42 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on November 24, 2014.
Date: l� Z
Planning Commission Secretary
City of Santa Ana
Resolution No. 2014 -42
Page 9 of 12
EXHIBIT A
Conditions for Approval of Conditional Use Permit No. 2014 -34
(After -Hours Operation)
Conditional Use Permit No. 2014 -34 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.
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. 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., and all restaurant activities must
take place within the premises.
Resolution No. 2014 -42
Page 10 of 12
EXHIBIT B
Conditions for Approval of Conditional Use Permit No. 2014 -35
(Banquet Use)
Conditional Use Permit No. 2014 -35 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.
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. 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.
Resolution No. 2014 -42
Page 11 of 12
EXHIBIT C
Conditions for Approval of Conditional Use Permit No. 2014 -42
(Indoor Commercial Recreation)
Conditional Use Permit No. 2014 -42 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.
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. 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.
Resolution No. 2014 -42
Page 12 of 12