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
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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
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31A-8
CUP 2016 -1
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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