HomeMy WebLinkAbout31A - CUP - 601 E SANTA ANA BLVDREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 16, 2016
TITLE:
CONDITIONAL USE PERMIT NO. 2015 -19
TO ALLOW A TYPE 41 ALCOHOL
BEVERAGE CONTROL LICENSE AT KNIFE &
GLASS LOCATED AT 601 EAST SANTA ANA
BOULEVARD, UNIT A - MICHAEL CHO,
APPLICANT (STRATEGIC PLAN NOS. 3, 2, 4)
I TY MANATY MANA .
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑
As Recommended
❑
As Amended
❑
Ordinance on 1t Reading
❑
Ordinance on 2ntl Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2015 -19.
PLANNING COMMISSION ACTION
At its regular meeting on January 25, 2016 by a vote of 6:0 (Alderete absent), the Planning
Commission adopted a resolution approving Conditional Use Permit (CUP) No. 2015 -19 which
approved a Type 41 Alcoholic Beverage Control license in order to sell beer and wine for on-
premise consumption at Knife & Glass restaurant located at 601 East Santa Ana Boulevard, Unit
A in the Specific Development No. 84 (SD -84) zoning district. The Planning Commission made
no changes to the recommendation outlined in the attached staff report (Exhibit A).
DISCUSSION
Knife & Glass is requesting approval of a CUP to allow a Type 41 Alcoholic Beverage Control (ABC)
license for the on- premise consumption of beer and wine to patrons at the restaurant. Pursuant to
Section 41 -2007 of the SAMC, eating establishments wishing to sell alcohol to diners require
approval of a CUP; however, the use of the property as an eating establishment is permitted by
right. The tenant is currently undergoing tenant improvements to establish a new restaurant at the
subject property. The restaurant will occupy several recycled shipping container structures
containing cooking facilities, restrooms, and alcohol service areas. An outdoor area for patrons will
contain 42 seats, with another seven located at the food and alcohol countertop. The site complies
with the State Department of Alcoholic Beverage Control standards for separating alcohol service
areas from other portions of the property and public. Full -sized site plans are available for public
viewing in the Clerk of the Council Office.
31A-1
February 16, 2018
Page
TIG'1a IC
Approval of this item supports the City's efforts to meet goal #3 - Economic Development,
Objectives #2 (create new opportunities for business /job growth and encourage private
development through new General Plan and Zoning Ordinance policies) and Objective #4
(continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse,
shopping, dining, and entertainment destination).
FISCAL IMPACT
Thera is no fiscal impact associated with this action.
AP; rb
apltapogWBtart RopoRa for 0MOURIB -12 KnIfo and Mom Typo 41 A80,012614.oc
Exhibit: A. Planning Commission Staff Report
31A-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE;
JANUARY 25, 2016
TITLE:
PUBLIC HEARING — FILED BY MICHAEL CHO
FOR CONDITIONAL USE PERMIT NO, 2015 -19
TO ALLOW A TYPE 41 ALCOHOL BEVERAGE
CONTROL LICENSE AT KNIFE & GLASS LOCATED
AT 601 EAST SANTA ANA BOULEVARD, UNIT A
(STRATEGIC PLAN NOS. 3, 2; 3, 4)
Prepared by _Ali Pezeshkpour
-- Exe . e Director
■UR_11I ,1][111M+?a7ir1L4T61-I i7 X 73 1 �a
APPROVED
D
As Recommended
D
As Amender!
D
Set Public Hearing For
DENIED
•
Applicant's Request
•
Staff Recommendation
CONTINUED TO
i'
Planning Mane
RECOMMENDED ACTIONS
Adopt a resolution approving Conditional Use Permit No. 2015 -19.
Request of Applicant
Michael Cho, representing Davin Gumm of Core Holdings, LLC, is requesting approval of a
conditional use permit (CUP) for a Type 41 Alcoholic Beverage Control (ABC) license to allow the
on- premise sale and consumption of beer and wine at Knife & Glass restaurant, located at 601
East Santa Ana Boulevard, Unit A. Establishments in the transit zoning code that sell alcoholic
beverages require approval of a CUP pursuant to Section 41 -2007 of the Santa Ana Municipal
Code (SAMC).
Proiect Location and Site Description
Knife & Glass is currently in the process of pursuing tenant improvements to occupy a restaurant
space constructed between 2014 and 2015 at the northeast corner of Minter Street and Santa Ana
Boulevard. The restaurant space contains approximately 500 square feet of interior kitchen and
service area and an outdoor dining area for customers consisting of 1,350 square feet. The entire
property contains approximately 16,000 square feet and is also developed with separate
commercial and residential structures.
The General Plan land use designation for the site is District Center (DC). District Center land -use
districts provide highly visible and accessible commercial development along the City's arterial
transportation corridors and provide important neighborhood facilities and services. The parcel is
located within the Transit Zoning Code (SD -84) zoning district in the Urban Neighborhood 2 (UN-
2) sub -zone. The SD -84 zoning district allows eating establishments by right, making the Knife &
Glass restaurant use consistent with the zoning designation. Surrounding land uses include
residential uses to the north, east, and south across Santa Ana Boulevard, and a religious facility to
the west across Minter Street (Exhibits 1, 2 and 3).
EXHIBIT A
31A-3
CUP No. 2015 -19
January 25, 2016
Page 2
Project Descrintion
Knife& Glass is requesting approval of a CUP to allow a Type 41 Alcoholic Beverage Control (ABC)
license for the on- premise consumption of beer and wine to patrons at the restaurant. Pursuant to
Section 41 -2007 of the SAMC, eating establishments wishing to sell alcohol to diners require
approval of a CUP; however, the use of the property as an eating establishment is permitted by
right. The tenant is currently undergoing tenant improvements to establish a new restaurant at the
subject property.
The restaurant will occupy several shipping container structures containing cooking facilities,
restrooms, and alcohol service areas. An outdoor area for patrons will contain 42 seats, with
another seven located at the food and alcohol countertop. The site complies with the State
Department of Alcoholic Beverage Control standards for separating alcohol service areas from other
portions of the property and public.
Overall alcohol storage and display areas will consist of less than five percent of the floor area,
which is consistent with the standards contained in the SAMC (Exhibits 4 and 5). The proposed
hours of operation for the restaurant are from 8:00 a.m. to 11:00 p.m. Sunday to Thursday and
8:00 a.m. to 12:00 a.m. /midnight on Friday and Saturday.
Project Background
Knife & Glass restaurant will occupy the outdoor dining area and shipping container portion of a
recently completed mixed -use infill development known as The Roost, which was completed in
2014. The development also contains two commercial tenants, a duplex, and a residential unit in
the rear. The first of its kind in Orange County, the restaurant will operate from three recycled
shipping containers with the intent of establishing a neighborhood -scale cafe with a rotating menu.
To minimize any impacts to the residential uses abutting the property, the seating areas will be
oriented toward Santa Ana Boulevard.
Project Analysis
Conditional use permit requests are governed by Section 41 -638 of the SAMC; Section 41 -2007
requires a CUP for establishments in the Transit Zoning Code (SD -84) selling alcohol for on -site or
off -site consumption. Staff has prepared the following analysis, which in turn forms the basis for the
recommendation contained in this report. In analyzing these conditional use permit requests, staff
believes that the following findings of fact warrant approval of the CUP.
The on- premise sale of alcoholic beverages to customers is intended to provide a service
ancillary to the primary restaurant use. This will thereby benefit the community by providing a
restaurant with an additional and complementary food - related amenity, The granting of the CUP
will allow the restaurant to compete with other restaurants that also offer a selection of alcoholic
31A-4
CUP No. 2015 -19
January 25, 2016
Page 3
beverages, allowing Knife & Glass, a local small business, to remain economically viable and
contribute to the overall success of the mixed -use neighborhood in which it is located and the
emerging nearby Transit Village commercial districts. The proposed license will contribute to the
evolving mixed -use neighborhood, which has welcomed new commercial tenants in recent
months.
Moreover, food and alcohol service will occur at the periphery of the premises near Santa Ana
Boulevard, helping to reduce potential impacts to the surrounding neighborhood. Finally, the
proposed license will not adversely affect the General Plan. The granting of this conditional use
permit supports several policies contained in the General Plan. These include policies
supporting: the provision of a diverse range of goods and services, creating a safe and attractive
business environment, and encouraging development that is compatible with nearby land uses.
Operational standards for ABC licenses in the SAMC will mitigate potential impacts from the Type
41 ABC license (Exhibit 6).
Police Department Analysis
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 601 East Santa Ana Boulevard is located in Reporting District No. 185. 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.
31A-5
CUP No. 2015 -19
January 25, 2016
Page 4
,i TWIM111frorim,
On December 14, 2015, the Planning Commission continued the applicant's request for 30 days
to allow sufficient time to hold a community meeting to provide the surrounding community
additional opportunities to learn more about the proposed application. On January 11, 2016, the
applicant attended a community meeting hosted by the French Park Plaza Homeowner's
Association where he presented additional information about the project. In addition, staff from
the Planning and Neighborhood Initiatives divisions attended and answered questions related to
planning processes, development, and other concerns by the attendees about parking, traffic,
and pedestrian safety. The meeting was followed by an on -site tour hosted by the applicant,
during which attendees inquired about the layout, kitchen facilities, and seating capacity.
The project is located within the boundaries of the Lacy Neighborhood Association. Staff
contacted the president of the Lacy Neighborhood Associations to ensure that they were notified
of this project and to identify any areas of concern. The project site was also 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.
CEQA Compliance
In accordance with the California Environmental Quality Act (CEQA) the recommended action is
exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be
seen with certainty that there is no possibility that the activity in question may have a significant
effect on the environment. The project proposes to allow the on- premise sale of beer and wine at a
full- service restaurant within an existing structure. No expansion of square footage or interior
reconfigurations of square footages are proposed as part of the project. Categorical Exemption
Environmental Review No. 2015 -109 will be filed for this project.
5trats2ic Plan Alignment
Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development,
Objectives No. 2 (create new opportunities for business /job growth and encourage private
development through new General Plan and Zoning Ordinance policies) and No. 4 (continue to
pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping,
dining, and entertainment destination).
31A-6
CUP No. 2015 -19
January 25, 2016
Page 5
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
approve Conditional Use Permit No. 2015 -19.
_.
Ali Pezeshkpour, AICP
Associate Planner
AP:jm
ap\raportsMiff Reports for PC\CUP15 -19 Knife and Glass Type 41 ABC.012516.pc
Attachments:
Exhibit 1 — Vicinity Map
Exhibit 2 — location Map
Exhibit 3 — Site Photo
Exhibit 4 — Site Plan
Exhibit 5 — Floor Plan
Exhibit 6 — Operational Standards for On -Sale Establishments
31A-7
SEVENTEENTH ST
I T
E
Lm
E EO
Hi a-i Cl ui
v, 1
o
si RI Pr
Mi SA I
M2 CI
112 N"'lk
SM
0
URI P TV al
SP-3
TV
TV
S TV
4
uc vc
Uc LUC UK LIP
Df O1' OT UNI ONE U
z EEJEA UN2 4TH UN,, I
DT N' CUP Ni NI
I- 1+�4NI
2�9-i --, INI IUNI
DT UNI UN, UN2
LINE 901E
coilU-1 ......
FIRST ST.
Al CENiEPALAM0JLJJRAL[ CR COMME3]ALPs3ownAl, RI 914CLEFAMILYRIESDENMAL
D FARKNOM00IRWON x WU9'vVMIMCMNMR m TM HAMILYSMOM7
ON (LC)MME IALS)U111MAIN ml UGFMNDUSIRAL m MIJOIREDaSTYMULTIPI.F.
(D 00MMUNRYWAMEMA- M2 HPAWIMUERFIAL FAMILYFEMCOCE
01 ME) WW(MMMfMIAUMUI0L)MDIMRM mo MILJTA OPERATCNS m SMIMAPARTMENTS
C2 08441ALMMMERCIAL 0 OPENSFACF RE! FOOPITIALINWP
rl CBTIFALMNESS P PROP3,130NAL 0 ETIM11COReOWENT
M A aNTRALIELISNMANTIS-MLLAGE ESP IMFIrPLAN
G PLANNED SAOWNGCENffR RD PLANNED RSDRATIALDEVELOWWT
C5 ARTERALOOMMEMAL
I KNIFE CUP 2015-19
& GLASS TYPE 47 ABC
601 EAST SANTA ANA BOULEVARD, UNIT A —600FEET
V=1000FEET
P L A N N I N G A N D 8 U I L D I N 0 A G E N C Y
EXHIBIT 1
VICINITY MAP
31A-8
co
�Cl���ER� SFP.
Lu
0
n
F o �� G PNP MUL - AMILY
COMM. RE51 CE
��OMM,
6TH STREET
w
5TH 1 STREET
4
a
O
CUP 2015 -19
KNIFE & GLASS TYPE 47 ABC
601 EAST SANTA ANA BOULEVARD, UNIT A sly
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
31A-9
` } }
S q jc„y �iq 5
Y
f
4
frk �sf !n`il
{�� H
-
h.,
� °rte •�`
q
x' n
x4-3
G
v
T
u.I. Ur 1. u •p uo4➢oxAU
V
"C
_ 1 1
e
LL' . .
I.
{--i P
H I
.2
N 19nnwr ui
� I888 BB9 BVBN '(al
994ie ea 'an Pum via
woo-ND1SHam1,1z1- VwNOaV 'V- 'WmM
Gj
aa�
V
"C
_ 1 1
e
LL' . .
I.
{--i P
H I
.2
'
1
1
1
1
1
I
�vu ®..w...vmn..a..
z �
i
h
N MINTER STREET
tIAH(Eft a-
.a -.ii
L!
{
1
1 -
r
i-N
r Z
f ,
1 �
lI N
1
e �
h
0
SOS
S K - -mn
'� 4 Carta
�m>
o
C E
rx
F �
z� a
o�
a s
UU K
W
10
z_
w}
N 19nnwr ui
E 1
Gj
IndOY —I
�
i
v
�
1�
'
1
1
1
1
1
I
�vu ®..w...vmn..a..
z �
i
h
N MINTER STREET
tIAH(Eft a-
.a -.ii
L!
{
1
1 -
r
i-N
r Z
f ,
1 �
lI N
1
e �
h
0
SOS
S K - -mn
'� 4 Carta
�m>
o
C E
rx
F �
z� a
o�
a s
UU K
W
10
z_
w}
a
i
9.
Mr7
1! I
i
m
S
a r
2
za
w
z'
ar
�a
a-
0
0
a
d
T998 899 9Y9# '101
994TO 90 '�G Puomefp
f
woo* NDISH(INIZ2IT NNOUTMMM
y
a
i
9.
Mr7
1! I
i
m
S
a r
2
za
w
z'
ar
�a
a-
0
0
a
Sec. 41 -196. Establishments selling alcoholic beverages.
Operational standards for on -sale establishments, The following operational standards
shall be included as informational conditions 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.
6. 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,
7, 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 8
1 of 4
31A -13
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 "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 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
31A -14
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.
Procedures for management of queuing lines.
The location and description of any video games proposed to be on the
premises.
3of4
31A-15
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.
4of4
31A -16
LS 1. 19,16
RESOLUTION NO. 2016 -xx
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2015 -19 TO ALLOW A TYPE 41
ALCOHOL BEVERAGE CONTROL LICENSE FOR THE
PROPERTY LOCATED AT 601 EAST SANTA ANA
BOULEVARD, UNIT A
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. 2015 -19 to
allow a Type 41 Alcoholic Beverage Control (ABC) license at the property
located at 601 East Santa Ana Boulevard, Unit A.
B. Santa Ana Municipal Code Section 41 -196 requires approval of a
conditional use permit for establishments wishing to sell alcohol for on- or
off - premise consumption.
C. On December 14, 2015, the Planning Commission held a duly noticed
public hearing on Conditional Use Permit No. 2015 -19, during which the
application was continued for 30 days to allow the applicant ample time to
hold a community meeting to share additional information about the
proposed application with the community.
D. On January 25, 2016, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2015 -19.
E. The Planning Commission of the City of Santa Ana determines that the
following findings, which must be established in order to grant this
Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC)
Section 41 -638, have been established for Conditional Use Permit No.
2015 -19 to allow a Type 41 ABC license:
That the proposed use will provide a service or facility which will
contribute to the general well being of the neighborhood or
community.
The proposed Type 41 ABC license will provide an ancillary
service to the restaurant's 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
Resolution No. 2016 -xx
Page 1 of 5
31A -17
an additional and complementary food - related amenity.
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. 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.
The proposed Type 41 ABC license will not be detrimental to
persons residing or working in the vicinity because
operational standards to the alcoholic beverage control
license will mitigate any potential negative or adverse
impacts created by the use. This is primarily a restaurant
use and the addition of alcohol will be ancillary to the main
use. In addition, the use will occur within the periphery of
the premises, mitigating any potential impacts to the
surrounding neighborhood. Finally, the sale of alcohol in the
restaurant is intended to be incidental to the primary use as
an eating establishment.
3. That the proposed use will not adversely affect the present economic
stability or future economic development of properties surrounding
the area.
The proposed use will not adversely affect the economic
proposed use will not adversely affect the economic stability
of the area, but will instead allow the restaurant to compete
with other nearby restaurants in Downtown and citywide that
also offer beer and wine for sale to their guests and other
visitors. Moreover, the offering of alcoholic beverages will
allow Knife & Glass, a small business, to remain economically
viable and contributes to the overall success of the Transit
Zoning Code area, helping to decrease the number of vacant
spaces that may affect the economic viability of the area.
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use.
The proposed project will be in compliance with all applicable
regulations and conditions imposed on a restaurant selling
alcohol pursuant to Chapter 41 of the Santa Ana Municipal
Code. The facility will be maintained as a full- service, bona -
fide eating establishment, having suitable kitchen facilities and
supplying an assortment of foods commonly ordered at
various hours of the day. Additionally, the restaurant will
Resolution No. 2010 -xx
Page 2 of 5
31A -18
utilize less than five percent of the gross floor area for the
display and storage of alcoholic beverages, which is
consistent with the maximum threshold established by the
Santa Ana Municipal Code.
5. 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.
The proposed use will not adversely affect the General Plan.
The granting of this conditional use permit supports several
policies contained in the General Plan. Policy 2.2 of the
Land Use Element encourages land uses that accommodate
the City's needs for goods and services. Providing a variety
of full - service restaurants that feature beer and wine on their
menus offers additional dining options for Santa Ana
residents and visitors. Furthermore, Policy 2.8 of the Land
Use Element promotes the rehabilitation of commercial
properties, and encourages increased levels of capital
investment. Knife & Glass's tenancy contributes to the
maintenance and viability of the repurposed, mixed -use
commercial building in which it is located. 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 41 ABC
license will maintain a safe and attractive environment in the
neighborhood, Finally, Policy 5.5 of the Land Use Element
encourages development that is compatible with and
supporting of surrounding land uses. The restaurant will be
located in a commercial area and its operations will be
compatible with the surrounding commercial businesses.
E. In accordance with the California Environmental Quality Act the
recommended action is exempt from further review per Section 15301.
The Section 15301 (Class 1) exemption applies to the operation of
existing facilities. The proposed application is to approve a conditional use
permit to allow a Type 41 ABC license at a site that is already served by
municipal services, such as roadways, utilities, and parking. This project
involves negligible or no expansion of an existing use. Categorical
Exemption Environmental Review No. 2015 -109 will be filed for this
project.
Section 2. The applicant agrees to indemnify, hold harmless, and defend the
City of Santa Ana, its officials, officers, agents, and employees, from any and all liability,
claims, actions or proceedings that may be brought arising out of its approval of this
Resolution No. 2016 -xx
Page 3 of 5
31A -19
project, and any approvals associated with the project, including, without limitation, any
environmental review or approval, except to the extent caused by the negligence of the
City of Santa Ana.
Section 3, The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2015 -19 for the project
located at 601 East Santa Ana Boulevard, Unit A. 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 December 14, 2015, and exhibits
attached thereto; the Request for Planning Commission Action dated January 25, 2016,
and exhibits attached thereto; and the public testimony, written and oral, all of which are
incorporated herein by this reference.
ADOPTED this 25th day of January, 2016.
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
ABSTENTIONS:
Commissioners:
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Lisa Storck
Assistant City Attorney
James Gartner
Chairperson
31A-20
Resolution No. 2016 -xx
Page 4 of 5
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify
the attached Resolution No. 2016 -xx to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on January 25, 2016.
Date:
Planning Commission Secretary
City of Santa Ana
31A-21
Resolution No. 2016 -xx
Page 5 of 5
31A-22