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HomeMy WebLinkAbout31A - CUP - 1236 W CIVIC CENTER DR UNIT CREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 18, 2016 TiTLE: CONDITIONAL USE PERMIT NO. 2016-01 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT YOI SUSHI LOCATED AT 1236 WEST CIVIC CENTER DRIVE, UNIT C — ALEX WOO, APPLICANT (ST AT1EGiC PLAN NO. 3, 2) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: VJ_W _E Cl As Recommended ❑ As Amended ❑ Ordinance on 131 Reading ❑ Ordinance on 2no Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No, 2016 -01. At its regular meeting on February 22, 2016, by a vote of 6:0 (Gartner absent) the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016 -01 which approved a Type 41 Alcoholic Beverage Control license in order to sell beer and wine for on- premise consumption at Yol Sushi restaurant located at 1236 West Civic Center Drive, Unit C in the Planned Shopping Center (C4) zoning district. The Planning Commission added a condition of approval requiring the applicant to obtain permits for signage prior to issuance of the CUP. (Exhibit A). DISCUSSION Yol Sushi restaurant is requesting approval of a Type 41 ABC license to allow the on- premises sale of beer and wine as part of the eating establishment's operations, The restaurant will be maintained as a full- service, sit -down eating establishment. The dining area will contain approximately 36 seats and will have all the necessary equipment to be considered for a Type 41 ABC license. The restaurant also offers an outdoor dining area for 6 patrons; however, alcohol will only be served to indoor patrons. The on- premises sale of alcoholic beverages to customers is Intended to provide a service ancillary to the primary restaurant use, The hours of operation for the restaurant are currently 10:30 a.m, to 9:00 p,m. daily, Full -sized site plans are available for public viewing In the Clerk of the Council (office, 31A-1 CUP No. 2016 -01 — Yol Sushi Restaurant AEC at 9236 West Civic Center Drive, Unit C March 155, 201E Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business /Job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. 1O:rb loTlannin3 Cammisslon1933e W Qvio CentedCUP241e -1 Y01 Sushi Civlo Center Type 41 ABC= Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Actie-y PLANNING COMMISSION MEETING DATE: FEBRUARY 22, 2016 TITLE: PUBLIC HEARING — FILED BY ALEX WOO FOR CONDITIONAL USE PERMIT NO. 2016-01 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT YO! SUSHI LOCATED AT 1236 WEST CIVIC CENTER DRIVE, UNIT C (STRATEGIC PLAN NO. 3,2) 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. 2016 -41. Request of Applicant Planning Manager Alex Woo, representing Yo! Sushi, 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 the Yo! Sushi restaurant located at 1236 West Civic Center Drive, Unit C. Proiect Location and Site Description The applicant is currently operating a full service, sit -down restaurant within an existing commercial strip center, which is located at the intersection of Civic Center Drive and Louise Street. The Yo! Sushi restaurant occupies 1,157 square feet of an existing 4,095 - square foot commercial building that contains commercial and restaurant uses. A total of 17 parking spaces are provided within an existing surface lot. Land uses surrounding the site include commercial and single family uses to the north, commercial uses to the west and south, and both office and multi - family uses to the east (Exhibits 1, 2 and 3). The General Plan land use designation for the site is General Commercial (GC). General Commercial land use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with this General Plan land use designation. The site is located within the Planned Shopping Center (C -4) zoning district. The C -4 zoning district allows for retail, service and restaurant uses, making the proposed use consistent with the zoning designation. 31A-3 Conditional Use Permit No. 2016 -01 February 22, 2016 Page 2 Project Descriution The applicant is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of beer and wine to patrons at the restaurant. Currently, the applicant is operating without an ABC license and has done so since the tenant space was opened as an eating establishment in 1988. The restaurant is a full service, sit -down eating establishment that operates from 10:30 a.m. to 9:00 p.m. daily. The restaurant has approximately 36 seats within its dining room and approximately six outdoor seats; however, at this time, alcohol will only be served indoor patrons, The on- premise sale of alcoholic beverages to customers will provide a service ancillary to the primary restaurant use. Overall alcohol storage and display areas will consist of approximately 16 square feet, which is less than one 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). Project Background The commercial strip center was developed in 1987 with the construction of a 4,095 - square foot retail building. The commercial building has been occupied by different commercial uses such as a shoe store, record store, and different ethnic restaurants. Yo! Sushi Restaurant has operated from this location since 2015, with previous tenants using the space as an eating establishment since 1988. The proposed Type 41 ABC license will serve as an ancillary use and will allow the existing business to compete with the nearby businesses that provide similar services and operations. Project Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC; requires a CUP for establishments 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 beverages, allowing Yol Sushi, a local small business, to remain economically viable and contribute to the overall success of the small businesses in the City of Santa Ana. Moreover, food and alcohol service will occur at the periphery of the premises near Civic Center Drive, helping to reduce potential impacts to the surrounding neighborhood. 31A-4 Conditional Use Permit No. 2016 -01 February 22, 2016 Page 3 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 1236 West Civic Center Drive, Unit C is located in Reporting District No. 145. This reporting district is above the 20 percent threshold established by the State for high crime, The Police Department contends that the operational standards applicable to an on -sale ABC license will mitigate any potential negative impacts to the surrounding community. Public Notification The project is located within the boundaries of the Flower Park Neighborhood Association and is neighboring the Washington Square Neighborhood Association. Staff contacted both Neighborhood Associations, who had no comments regarding the proposed CUP. 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. No comments have been received as of the date of printing of this report. 31A-5 Conditional Use Permit No. 2016 -01 February 22, 2016 Page 4 CEQA Comoliance 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 park of the project. Categorical Exemption Environmental Review No, 2016 -1 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). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2016 -01. IQ :jm Io1Planning Comm issioM1239 W CIvIc C'enter=P2016.1 Yo! Sushi Civic Center Type 41 ABC.pc Attachments: Exhibit 1— Vicinity Map Exhibit 2 -- Location Map Exhibit 3 —Site Photo Exhibit 4 — Site Plan Exhibit 6 T Floor Plan Exhibit 6— Operational Standards for On -Sale Establishments 31A-6 CUP 2016 -1 -RST YO! SUSHI TYPE 41 ABC 1236 WEST CIVIC CENTER DRIVE, UNIT C - ��4500 FEET I^ =taoorm i P LA N N I N G A N D B U -I L D I N G A G E N- C Y EXHIBIT 1 VICINITY MAP 31A-7 CUP 2016 -1 -RST YCI SUSHI TYPE 41 ABC . 1236 WEST CIVIC CENTER DRIVE, UNIT C 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-8 w I— F- w Y w w cc J J W W Q — w p' o SINGLE FAMILY Ln W J 7 w Ln a w U O J HI CIVIC CENTER DRIVE OMMERCIAL PROFESSIONAL PRO: k W O u Q W > = W �co COMMERCIAL w g w U 7th STREET J W J w Q Y < u w a MULTI - FAMILY m o HN u RESIDENCE a u CUP 2016 -1 -RST YCI SUSHI TYPE 41 ABC . 1236 WEST CIVIC CENTER DRIVE, UNIT C 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-8 CUP 2016 -1 YO! SUSHI TYPE 41ABC 1236 WEST CIVIC CENTER, UNITC EXHIBIT 3 31A-9 W t� d W z W 31A -10 IN a W� 09 Os ca O W ffi cn t� r- +r 5 30, Rha N 0 1 0 L TOTAL SEATS: 36 0000 'ITCHE k 1� ---7 �,,,�Y� 5 , 0 1 17�2 0 0 0 0000 DININQ AREA 0 0 0 0 0 0 0 110-lHo 01 K-) 0 RESTROOM RESTROON 0 L 0 0 EXHIBIT 5 31A-1 1 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 The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment, 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m, and 12:00 a,m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race; ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older. 8. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. EXHIBIT 6 1 of 4 31A -12 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency, 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12, There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink; get one free ", "two for the price of one ", or "all you can drink for.." or similar language. 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 SAMG Section 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMG 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. I& 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 -13 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 11, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed - access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 23. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items: a. Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. c. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales. e, Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. The location and description of any video games proposed to be on the premises. 3of4 31A -14 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-15 LS 2.4.16 RESOLUTION NO, 2016 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO, 2016 -01 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT YOI SUSHI RESTAURANT LOCATED AT 1236 WEST CIVIC CENTER DRIVE, UNIT C 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. 2016 -01 to allow a Type 41 Alcoholic Beverage Control (ABC) license for the property located at 1236 West Civic Center Drive, Unit C. B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption of beer and wine service that is ancillary to the primary restaurant use. C. On February 22, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016 -01 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 (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2016 -01 to allow for a Type 41 ABC license: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed Type 41 ABC license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase a variety of alcoholic beverages with their food. This will thereby benefit the community by providing a restaurant with 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. ReSOILEtion No. 2016 -xx Page 1 of 4 31A -16 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed Type 41 ABC 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 to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. This is a restaurant use and the addition of alcohol will be ancillary to the main use. The sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment. 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 in the general vicinity and citywide that also offers a full selection of alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow Yol Sushi, a small business, to remain economically viable and contribute to the overall success of the commercial area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations and conditions 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 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 utilize less than one percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2;2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety Resolution No, 2016 -xx Page 2 of 4 31A -17 of full- service restaurants that feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors. Furthermore, 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 for the City of Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Yo! Sushi 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 (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.. 2016 -1 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 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. 2016 -01. 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 22, 2016, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2098 -xx Page 3 of 4 31A -18 ADOPTED this 22nd day of February, 2016 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: James Gartner Chairman APPROVED AS TO FORM: Sonia R, Carvalho, City Attorney By:_ Lisa Storck Assistant City Attorney 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 February 22, 2016. Date: Planning Commission Secretary City of Santa Ana 31A -19 Resolution No. 2016 -xx Page 4 of 4 31A-20