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Home My WebLink About31B - CUP - 220 W FIRST STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 17, 2015 TITLE: CONDITIONAL USE PERMIT NO. 2014 -53 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT 828 PHO RESTAURANT AT 220 WEST FIRST STREET, SUITE 103 - YEN DANG, APPLICANT (STRATEGIC PLAN NOS. 3, 2; 3, 4) 11 CITY MANAGE RECOMMENDED ACTION CLERIC OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 200 Reading Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -53. PLANNING COMMISSION ACTION On February 23, 2015, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -53 by a vote of 8:0 (Alderete absent) which approved a Type 41 Alcoholic Beverage Control (ABC) license in order to sell beer and wine for on- premise consumption at 828 Pho Restaurant located 220 West First Street, Unit 103 in the Specific Development No. 40 (SD -40) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION The 828 Pho restaurant is located within a shopping center on First Street between Broadway and Sycamore Street, and has been in operation since 2008. The lot is developed with three commercial buildings, with the 828 Pho restaurant occupying approximately 1,800 square feet of a 4,071 square foot single -story commercial building. The applicant is requesting a Conditional Use Permit for a Type 41 ABC license to provide an additional amenity with meals. The restaurant contains all necessary equipment to be considered for a Type 41 ABC license. The hours of operation for the restaurant are from 10:00 a.m. to 8:00 p.m. seven days per week. Full sized site plans are available for public viewing in the Clerk of the Council Office. 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 Santa Ana into a thriving, culturally diverse, shopping, dining and entertainment destination). 31 B -1 Conditional Use Permit No. 2014 -53 March 17, 2015 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. n Vince Fregoso, ICP Interim Executive' rector Planning & Building Agency HS:rb h8:828Pho /cup14-53.cc Exhibit: A. Planning Commission Staff Report 31 B -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE; FEBRUARY 23, 2015 TITLE: PUBLIC HEARING — FILED BY YEN DANG FOR CONDITIONAL USE PERMIT NO. 2014-53 TO ALLOW A TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE AT 828 PHO RESTAURANT AT 220 WEST FIRST STREET, SUITE 103 (STRATEGIC PLAN NOS. 3,2; 3,4) Prepared by Hally 5oboleslce wuluiWiflif'iYi � PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request, • Staff Recommendation CONTINUED TO Adopt a resolution approving Conditional Use Permit No. 2014 -53. DISCUSSION Request of Applicant Acting Planning Manager Yen Dang, proprietor for 828 Pho restaurant, is requesting approval of a conditional use permit (CUP) to allow a Type 41 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine at an existing restaurant. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The 828 Pho restaurant is located within a shopping center on First Street between Broadway and Sycamore Street, and has been in operation since 2008. The lot is approximately 1.7 acres in size and is developed with three commercial buildings with the southernmost building being two -story, the others single -story. The 828 Pho restaurant occupies approximately 1,800 square feet of the 4,071 square foot single -story commercial building (Exhibits 1 and 2). Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project vicinity indicates there are currently 12 ABC licenses located within 500 feet of the project site in addition to the proposed license. These 12 ABC licenses include four Type 41 licenses (on -sale beer and wine), five Type 47 ABC licenses (on -sale beer, wine and distilled spirits), one Type 20 license (off -sale beer and wine), one Type 21 (off -sale general for beer, wine, and distilled spirits), and one Type 48 (public premise beer, wine, and distilled spirits). However, this information does not affect the analysis or recommendation contained in this report. IW4011 =311 /1 31 B -3 CUP No. 2014 -53 February 23, 2015 Page 2 Project ®escriation The 828 Pho restaurant currently occupies an approximately 1,800 square foot suite in an existing commercial center. The center contains a mixture of commercial uses, including retail, office and service uses. In conjunction with the restaurant, the applicant is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine to patrons at the restaurant. The restaurant is a full service, sit -down eating establishment that has approximately 56 seats within its 630 square foot dining room. No outdoor dining is proposed. 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 consist of approximately eight 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 hours of operation for the restaurant are from 10:00 a.m. to 8:00 p.m. seven days per week. Project Backaround The 828 Pho restaurant has been in operation since 2008, The restaurant serves a variety of Vietnamese foods including noodle and rice dishes and specialize in pho (Vietnamese noodle soup). OC Weekly named their pho the Best of Orange County in 2009. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial areas are designed to provide highly visible and accessible commercial development along the City's arterial transportation corridors. General Commercial land uses provide important neighborhood facilities and services including office, retail and restaurants with ABC licenses. The project site is consistent with this General Plan land use designation. The zoning for the site is the Heninger Park neighborhood (56 -40) zoning district that allows for retail and service uses such as restaurants in this location, thereby making the proposed use consistent with the zoning code. Project Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the following can be established: That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. 31 B -4 CUP No. 2014 -53 February 23, 2015 Page 3 e 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. The 828 Pho restaurant is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine. 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 an ancillary service to the restaurant's customers by allowing them the ability to purchase beer and wine with their food. The Type 41 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. Operational standards are applicable to 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 and wine at this location will not be detrimental to persons residing or working in the vicinity because operational standards for the alcoholic beverage control license are in place 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. 31 B -5 CUP No. 2014 -53 February 23, 2015 Page 4 • 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 project will be in compliance with all applicable regulations imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code. 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, 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 828 Pho restaurant's ABC license will allow for successful dining and retail uses within Santa Ana. 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 improving an existing food establishment. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive, and the 828 Pho restaurant offers a family - friendly environment. Operational standards for the proposed Type 41 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 828 Pho restaurant is located in a commercial corridor, on an arterial street, and is compatible with surrounding land uses. Restaurants with an ancillary alcohol license provide a dining service to the residents of Santa Ana. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages 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. MEW CUP No. 2014 -53 February 23, 2015 Page 5 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 220 West First Street is located in Reporting District No. 166. This reporting district is 20 percent higher than the average number of reported crimes in all reporting districts. Although the crime rate is 20 percent higher, the Police Department contends that the operational standards will mitigate any potential negative impacts to the surrounding community. Public Notification The project site is located within the boundaries of the Heninger Park Neighborhood Association (SD -40), Staff contacted the president of the Heninger Park Neighborhood Association to ensure they were notified of this project and to identify any areas of concern. The President did not identify any concerns at this time, and spoke In favor of the project, 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 Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the 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 -159 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 Santa Ana into a thriving, culturally diverse, shopping, dining and entertainment destination). 31 B -7 CUP No. 2014 -53 February 23, 2015 Page 6 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -53. Ha ly Sob# eske Associate Planner HS:jm hs:828Pho /cupl4- 93.pc. Attachments: Exhibit 1 - Vicinity Map Exhibit 2- Location Map Exhibit 3 - Site Photo (Entry) Exhibit 4 - Site Plan Exhibit 5 •- Floor Plan Exhibit 6 - Operational Standards for On -Sale Establishments MWOO PI y At R7 € _ XPU xnu Y - 5P SP -3 j " R3 .SP -3 fi ,W k Nn 3 I 31'1 fll SSP-3 a N2 nz nz a P R2 so I - Sp-3 R1 RI Pl m ni P2 �(`T'j P PT m9 arSD SP3 f 1 RI i q2 n2 IWI P I ]5 SP -3 P2 -.R2 So.3 i sI SP 3 • sj ; P R7 AI AI SP-3 I j P } P P : 5P.3 sP-3 SP-3 I P soaa 5D -20 O $P-3 s +� GC GC GC � ' G ' Gc Gc e G �. uc nt aMOT um�� cx�a.@ a UC u uc Pc-2 uc cic GC Z. ■ UC DT c m OT mi o w. 0 GC uc DT � DT DT Di � O ae OT D ❑° P --� P i DT DT P "l P sus 50.55 P �� I_jJS OT a �.... P 0 0 . �a OT DT A DF SD -13 P swn 1 SD -t K. I UC uc o uc i UC n F A2 R2 uwin I�L 72 I Souoaa 0 o C]p �2 PROJECTSITE` 11 11 I� SM SM SEE, R3 RT R3 ; •• ' O 'l ❑— Ilo1O� "' SM wo 03 Rs� n3 R3 r0 0 e n R21:.. M M LJ fltl n2 E y Rl I Al UNEPALAMOXTURAL} CR O3M1MGx0ALR23DFMIAL R1 SNGLEFAMILYFE'UBMAL -D PAMNOMMIHCATON Gc gommENTMw FM TAOFAMILYFMQ04CF OBM COM1MEMALSOUTHMAIN Mt UGHTINDUSMAL m MULTP.EDFNSWIOULRTLF C7 COMMUNNYCOMMODAL M2 HFAWINDLUMAL FAMILYF¢FJMW CI-MO COMM. COMMMAUMUMM DlWiGT MD MUTARfOPMOIONS Poi $JSURMNAPARIMM C2 GEN"LO)MMUML O GM SACS RE FMIDENIAL937A: C3 CWRALEUSNESS P PROF15HONAL 9 S�RCDENiGWMT C3A CSTWA SNIMARRSPALLAGE Flo FLANNMaNMUNNYUEvaOF4F3QI" 9 91KIRCRAN G MANN ®SIOPRNGCMP Uu PLANNO)SMOE MALD4H.OFMENT CS ARIINALCOMMEMAL '_, CUP 2014 -53 �I 828 PHt7 220 WEST FIRST STREET S SOb EE 1" =1M0 FEET P —LA N N —IN G A N D 8 UU I L D =IN G A G E N —C - Y EXHIBIT 1 VICINITY MAP 31 B -9 3RD STREET COMM. PARK 4 0 COMM, is m 2ND STREET MULTI- FAMILY COMM, ¢ MULTI - RESIDENCE u FAMILY R E S I D E N C E COMMERCIAL 0 U 1ST STREET a" lwJ w Q W: Z COMMERCIAL w w O � v o 0 w w w MULTI- COUNTY FAMILY RESIDENCE CUP 2014 -53 `.; 828 PHO1 220 WEST FIRST STREET, P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 B -10 W W C' H F H O = W CL 3 W ~ N � N 2 M N co EXHIBIT 3 31 B -11 i-- .0.1 —% .9 ,E o-d c E D 3 Y, E Fol 10o v co 4 3a�� f 0: r.0 S—( F(W r O '4 w LL LL LL O F-1 D V LL co } a 00 0❑0 ❑O ❑00 00 00❑ CD ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ O D 00 00n ❑ ❑ 000 ❑ ❑ EXHIBIT 4 31 B -12 N N r ii OO ❑ o w N CY) cc N co LL CO C O O e N U' Co M cV N rn z O a 0 a (n o (NO A rn U N Y O m C6 0a C N N C U Co R N O LL c cc n t 07 i U Oiu Q mc) 1 >>N0 v y a ? Q. LL N a N N d i f0 N 6 fa ❑❑ N z C = O c\l -a m +t., LOL w LL � j 0 CD y 7 LL W LL C7 2 -� a> N a r N N Y ❑❑ � Z m� O � C N Ol � N N N N n 0 ❑ -. . N N U i LL L n. c w `—° �N om D N _�.� 2 Y rtl LL r mz mo i N C Y L ❑❑ wow_ ai m '� c a a��oo an d u 0 N O ❑❑ ¢ ma o.rca >} MEN Q m u o EXHIBIT 4 31 B -12 75,000 SQUARE FEET 1.7 ACRES ZONING SD-40 SCALE 1 "= 40' -0" 1 1 Is: avrrya os i. ��4A4iA 0. 1!. g) PROPERTY OWNER: Ray Mottale — 220 W. tat Street Suite 210 Santa Ana, CA 92701 APPLICANT Yen Deng — home: 2822 Newport Blvd. Newport Beach, CA 92663 / 714.478.5390 Yen Deng — business: 220 W. 1 at Street Suite 103 Santa Ana, Ca 92701 1 714.568.0338 EXHIBIT 5 31 B -13 Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for on -sate establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 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. 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 31B-14 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. % 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 "ail you can drink for —" or similar language. 11 Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 2of4 31 B -15 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed - access cash controller or drop safe must be installed. 22, Install a silent armed robbery alarm. 23. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items: a. Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. C. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit /potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. f. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises, 3of4 31 B -16 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. 4 of 4 31 B -17 ROld - 02/23/15 RESOLUTION NO. 2015 -08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -53 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 220 WEST FIRST STREET, SUITE 103 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- 53 for a Type 41 (on -sale general) Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of beer and wine for the property located at 220 West First Street, Suite 103. B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption. C. On February 23, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -53. 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 -53 to allow for the sale of alcoholic beverages for on -site consumption: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed alcohol beverage license will provide an ancillary service to restaurant customers by allowing them the ability to purchase beer and wine 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 which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2015 -08 Page 1 of 4 31 B -18 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 beer and wine 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 828 Pho restaurant's ABC license will allow for successful dining and retail uses within Santa Ana. 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 improving an existing food establishment. Policy 2.9 of the Land Use Element supports developments that Resolution No. 2015 -08 Page 2 of 4 31 B -19 create a business environment that is safe and attractive, and the 828 Pho restaurant offers a family - friendly environment. Operational standards for the proposed Type 41 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 828 Pho Restaurant is located in a commercial corridor, on an arterial street, and is compatible with surrounding land uses. Restaurants with an ancillary alcohol license provide a dining service to the residents of Santa Ana. E. 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 -159 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 -53. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated February 23, 2015 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 23rd day of February 2015 by the following vote: AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete(1) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman Resolution No. 2015 -08 Page 3 of 4 31 B -20 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -08 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 23, 2015. Date: Planning Commission Secretary City of Santa Ana 31 B -21 Resolution No. 2015 -08 Page 4 of 4 31 B -22