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31A - CUP - 5015 W EDINGER
REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016 -29 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION, CONDITIONAL USE PERMIT NO. 2016 -30 TO ALLOW AFTER - HOURS OPERATION UNTIL 2:00 A.M. AND CONDITIONAL USE PERMIT NO. 2016 -33 TO ALLOW AN ANCILLARY BANQUET USE AT MAJESTY RESTAURANT LOCATED AT 5015 WEST EDINGER AVENUE, UNIT V - ANDY QUACH, APPLICANT (STRATEGIC PLAN NO. 3,2) CITY MANAGEIV RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _W•c• 6 CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016 -29, Conditional Use Permit No. 2016 -30 as conditioned and Conditional Use Permit No. 2016 -33 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on October 10, 2016, by a vote of 4:0 (Alderete, Gartner, Verino absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016 -29 which approved the sale of alcoholic beverages for on- premise consumption, Conditional Use Permit No. 2016 -30 as conditioned to allow after -hours operation until 2:00 a.m., and Conditional Use Permit No. 2016 -33 as conditioned to allow an ancillary banquet use at Majesty Restaurant at 5015 West Edinger Avenue, Unit V located in the Community Commercial (C -1) zoning district. The Planning Commission amended three conditions of approval limiting the distance sound can be audible from the premises, restricting the hours of availability of the rear parking lot, and limiting the hours the rear doors can be open as outlined in the attached staff report (Exhibit A). DISCUSSION The applicant is requesting a Conditional Use Permit (CUP) to allow the expansion of the existing on- premise beer, wine and distilled spirits license for the Majesty Restaurant at 5015 West Edinger Avenue, Unit V into the adjacent Unit Z. The applicant is also requesting a CUP to allow the after - hours operation of the facility, until 2:00 a.m., seven days a week and a CUP to operate an ancillary banquet use and allow the facility to be available for rent. The restaurant is a full service, sit -down 31A-1 As Recommended © As Amended E] Ordinance on I" Reading © Ordinance on 2nd Reading ® Implementing Resolution ® Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016 -29, Conditional Use Permit No. 2016 -30 as conditioned and Conditional Use Permit No. 2016 -33 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on October 10, 2016, by a vote of 4:0 (Alderete, Gartner, Verino absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016 -29 which approved the sale of alcoholic beverages for on- premise consumption, Conditional Use Permit No. 2016 -30 as conditioned to allow after -hours operation until 2:00 a.m., and Conditional Use Permit No. 2016 -33 as conditioned to allow an ancillary banquet use at Majesty Restaurant at 5015 West Edinger Avenue, Unit V located in the Community Commercial (C -1) zoning district. The Planning Commission amended three conditions of approval limiting the distance sound can be audible from the premises, restricting the hours of availability of the rear parking lot, and limiting the hours the rear doors can be open as outlined in the attached staff report (Exhibit A). DISCUSSION The applicant is requesting a Conditional Use Permit (CUP) to allow the expansion of the existing on- premise beer, wine and distilled spirits license for the Majesty Restaurant at 5015 West Edinger Avenue, Unit V into the adjacent Unit Z. The applicant is also requesting a CUP to allow the after - hours operation of the facility, until 2:00 a.m., seven days a week and a CUP to operate an ancillary banquet use and allow the facility to be available for rent. The restaurant is a full service, sit -down 31A-1 CUP Nos. 2016 -29, 2016 -30 & 2016 -33 — Majesty Restaurant Alcoholic Beverages, After -Hours & Banquet Use at 5015 West Edinger Avenue, Unit V November 15, 2016 Page 2 sit -down eating establishment that will be 11,551- square -feet in size and will hold approximately 400 seats. 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 #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. assan Haghan', AICP Executive Dire tor, Planning & Building Agency VF:rb Vf /reports /CUP/CUP10- 29 &30 &33 Majesty Restaurant.cc Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2016 TITLE: PUBLIC HEARING — FILED BY ANDY QUACH FOR CONDITIONAL USE PERMIT NO. 2016-29 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION, CONDITIONAL USE PERMIT NO. 2016-30 TO ALLOW AFTER -HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2016 -33 TO ALLOW AN ANCILLARY BANQUET USE AT MAJESTY RESTAURANT LOCATED AT 5015 WEST EDINGER AVENUE, UNIT V (STRATEGIC PLAN NO. 3,2) Prepared by Vince Fregoso - - -_ � 21 2curilrector PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public, Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Planning Manager 1. Adopt a resolution approving Conditional Use Permit No. 2016 -29. 2. Adopt a resolution approving Conditional Use Permit No. 2016 -30 as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2016 -33 as conditioned. Request of Applicant Andy Quach, representing Majesty Restaurant, is requesting approval of three conditional use permits (CUP) for the Majesty Restaurant. Specifically, the applicant is requesting a CUP to allow the on- premise sale of alcoholic beverages at a full - service eating establishment located at 5015 West Edinger Avenue, Unit V. Establishments that sell alcoholic beverages require approval of a CUP pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Additionally, the applicant is requesting approval of a separate conditional use permit that would allow the restaurant to operate until 2:00 a.m. Eating establishments open anytime between the hours of 12:00 a.m. and 5:00 a.m. and located within 150 feet of residentially zoned or used property require approval of a CUP pursuant to Section 41 -365.5 of the SAMC. Finally, the applicant is requesting approval of a third conditional use permit to allow a banquet use ancillary to the primary eating establishment use. Banquet facilities as an ancillary use are subject to development and operational standards set forth in Section 41 -199.1 of the SAMC. EXHIBIT A 31A-3 CUP Nos. 2016-29, 2016 -90 & 2016-33 October 10, 2016 Page 2 Proiect Location and Site Description Majesty Restaurant is in the process of making tenant improvements to combine existing units and create a new restaurant space within the Valley Shopping Center, a 5.7 -acre, multi - tenant commercial center that is located at the northeast corner of Euclid Street and Edinger Avenue. The center contains approximately 81,287 square feet of office, retail, and eating establishment uses and has 391 parking spaces for the site. A 12,500 square retail and restaurant building that is located at the southwest section of the site was included In the overall center square footage but is not governed by the City since it is located within the City of Fountain Valley, The General Plan land use designation for the project site is General Commercial (GC), which allows for important neighborhood facilities and services. The General Commercial designation provides accessible commercial development along the City's arterials as well as support facilities and services, Including offices, restaurants and various other services. The project is consistent with this General Plan land use designation. The site is located within the Community Commercial (C -1) zoning district. The C -1 zoning district allows for commercial and service uses, making the proposed use consistent with the zoning designation. Surrounding land uses include single - family residential uses to the north and east; single - family residential and the Mile Square Park to the south; and commercial, single - family, and multi- family development to the west (Exhibits 1, 2 and 3). Project Description Majesty Restaurant is requesting approval of a CUP to allow an Alcoholic Beverage Control (ABC) license for the on- premise sale of beer, wine and distilled spirits from the existing location of the restaurant at 5015 West Edinger Avenue, Unit V into the expanded space at 5015 West Edinger Avenue, Unit Z. 'Pursuant to Section 41 -196 of the SAMC, restaurants that wish to sell alcohol require approval of a CUP; however, the use of the property as a restaurant is permitted by right. The restaurant is a full service, sit -down eating establishment that will be 11,551- square -feet in size and will hold approximately 400 seats. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. Alcohol storage and display areas, located near and inside of the kitchen, will consist of less than five percent of the floor area (Exhibits 4 and 5). The hours of operation for the restaurant are proposed to be from 10:00 a,m. to 2;00 a.m. Monday through Sunday. Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within 150 feet of residentially zoned or used property require approval of a separate CUP. 31A-4 CUP Nos. 2016 -29, 2016 -30 & 2016 -33 October 10, 2016 Page 3 In addition to operations as a full service eating establishment, Majesty Restaurant is requesting to operate an ancillary banquet use. As a banquet facility, Majesty Restaurant would allow the facility or a portion of the facility to be available for rent. This banquet use would be ancillary to the primary restaurant use. Banquet facilities as an ancillary use are permitted in the Community Commercial zoning district subject to the issuance of a CUP. Project Background The subject multi- tenant commercial center contains multiple neighborhood - serving businesses, The tenant space has been operating as an eating establishment since the previous restaurant at this unit, Emerald Bay Restaurant, began operating on December 18, 1996. Emerald Bay Restaurant was a full- service restaurant that provided alcoholic beverages to customers via approval of CUP No. 1997 -06. Majesty Restaurant is a full - service Vietnamese restaurant that has been operating at 5015 West Edinger Avenue, Unit V since March 6, 2015. CUP No. 2000- 11 had been transferred to Majesty Restaurant when they opened at this location, which allowed the on- premise consumption of beer, wine and distilled spirits at this location. This CUP amended CUP No. 1997.06, which authorized the on- premise consumption of beer and wine at this location. Other than the previous ABC license request, no discretionary permits have been requested or granted at neither Units V nor Z, 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 proposed project will not adversely impact the community. 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. 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 for this expanded space will allow the restaurant to continue to function within this neighborhood as an eating establishment. The proposed expansion of the ABC license into the adjacent suite will be In compliance with all other regulations, including alcohol storage and display area criteria set forth in Section 41- 196(g)(25) of the SAMC. Further, the site will be in compliance with all operational standards set forth in Section 41- 196(g) of the SAMC, which govern the on- premise sale of alcoholic beverages (Exhibit 6). Finally, the proposed ABC license will be consistent with several goals and policies of the General Plan, including Goals 2 and 5 of the Land Use Element, which encourages land uses that enhance the City's economic and fiscal viability, that mitigate any potential impacts, and are compatible with and supporting of surrounding land uses. 31A-5 CUP Nos. 2016-29,2016-30 & 2096-33 October 10, 2016 Page 4 The proposed after -hours conditional use permit would allow the proposed restaurant to remain open past 12:00 a.m. Majesty Restaurant is located in a commercial shopping centerthat contains offices, retail, service and restaurants. Conditions of approval have been placed upon the use that will minimize the possibility for any potential noise or safety impacts typically associated with after- hours operations. Majesty Restaurant also proposes to operate an ancillary banquet facility, which would allow it to be closed to the general public for private events. The intent is to operate a full - service eating establishment; however, private events would be held on occasion, Per the SAMC, banquet facilities must have a kitchen facility, sanitation facilities, and a licensed security guard for every 100 persons in attendance per event. The allowance of a banquet facility at Majesty Restaurant would further support the enhancement of the City's economic and fiscal viability by providing an ancillary service to the community. Can September 12, 2016, the Planning Commission held a public hearing on the applicant's request. At the conclusion of the hearing, the Commission elected to continue the item for 30 days. The Commission requested two additional items of information be provided to them: a copy of the previously approved conditional use permit for the project; and a detailed analysis on calls for service to the retail center. A copy of Conditional Use Permit No. 1997 -06, which was approved in June 1997, is attached for the Commissions review (Exhibit 7). Additionally, a detailed breakdown of the 50 calls for service in the past year, which involve crimes such as burglaries, theft, stolen vehicles and false alarms, Is attached (Exhibit 8). None of the calls were found to be directly attributed to the Majesty restaurant. In addition to the documented calls for service, Police management has received numerous calls over the same time period from adjacent neighbors, particularly from those residents at the rear (north) of the site. These calls, which are not on the calls for service report, pertained to complaints related to the rear doors being open; interior restaurant noise impacting the residents from the open doors, and loitering in the rear parking lot. In response, patrols have been sent to evaluate these complaints. However, the Issues were usually resolved by the time the officers were able to respond. 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 such uses are mitigated to the greatest extent possible. For on -sale licenses, the Police Department compares crime in the project area to crime citywide. Crime data is collected by reporting district. When a project is located in a reporting district with more than 20 percent of the average crime rate citywide, the Police Department will consider this Information in making its recommendation. 31A-6 CUP Nos. 2016 -29, 2016 -30 & 2016 -33 October 10, 2016 Page 5 The project at 5015 West Edinger Avenue, Unit V is located in Reporting District No. 131, Reporting District No. 131 ranks 52 out of 102 reporting districts in the number of police related calls for service. This reporting district is below the average for criminal activity threshold established by the State for high crime. The Police Department contends that the operational standards applicable to on- premise ABC licenses will mitigate any potential negative impacts to the surrounding community. Public Notification The project is located within the boundaries of the Riverview West Neighborhood, and is in close proximity to the West Grove Valley Neighborhood. Staff contacted the presidents of the Riverview West Neighborhood Association and West Grove Valley Neighborhood Association to ensure that the neighborhoods 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. CEl2A Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from 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. 2016 -84 will be filed for this project. The project proposes to allow the expansion of the on- premise sale of alcoholic beverages at an existing structure, after -hours operation and an ancillary banquet use. No modification to the exterior of the building is proposed as part of this project. Strategic Plan Ali nment 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). 31A-7 CUP Nos. 2016 -29, 2016 -30 & 2016 -33 October 10, 2016 Page 6 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2016 -29, Conditional Use Permit No. 2016 -30 as conditioned and Conditional Use Permit No. 2016 -33 as conditioned. Vince Fregoso, AI Principal Planner JA :VF:jm AlrapodsICUPICUP16- 2983003 Majesty Rmstaurant.101016.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photos Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments Exhibit 7 — Conditional Use Permit No. 1997 -6 Exhibit 8 — Police Department Calls for Service 31A-8 FIRST (30151, Aw I ST + c C f I Q RI RI N11 Ri All! Rl RI R2 4 R3 ----------- �rll iL fl, R4 R2 RI 01 Rl, Rl 1,-.—i City SarAert R11' PL nz RI A[ F i �m �._,� —:: .. „. Ri•.l pd :.IQ AI 6 al nl R2 4 R2 .l .9 M. p4. 0 RI I m i I, a t e I Al RI RI Ill RI Rt R7 RI RI R7 RI RI Ill RI Rl C i t of F I 111 Vailel C7 Rl Ill pROJEL ROJECT EDINGER Al W4 LAGIaMUMLt CR COMMOUALFUMMAL RI SNGLEFAMMSOMIAL -B FAWNGM001FICATM X G3vsMENTc3MR n IMFAMILYFMO64M GW COMMMALSWTHMAIN ml UGMNOUSM m MULTIFLEDMNMULHPLE cl OWMLfNlWWMME;UAL M2 HavylMOSMAL FAMILYF OE.CE 0-MO WMM. OOMMMAUMUMN DIMCT MO MlUTAReOPMTTM m 91BUrMNAFAFTM9M a G8,1FRALOOMMEFOAL 0 ORN SAKE PE PffiDMAL85RTE m CUMALW9NMS p MFMOW m Mncomopmw 6A M LWSN�AMMMLAGE pco RANNEDMMNIVNMDEI9-Cf W 9 RQRAN FLMWMS�O N(1094TIR pro PLANNMrM0eMLD&EOFUW cs ARMALOOMMMAL CUP 2016-29,30 & 33 N O MAJESTY RESTAURANT ; 4 �la S�l 5015 WEST McFADDEN AVENUE, UNITY 600 FEFr F' =1000 FEET P L A N N I N G A N D B U I L D I N 0 A C E N C Y S I N 6 L[ f A I l Y 'A E 5 1 0 F. N c_E� CUP 2016-29,30 & 33 MAJESTY RESTAURANT 5015 WEST EDINGER AVENUE, UNITY y� 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 EXHIBIT2 31A -10 } .d. i y tjy b iN s°, i N b - a- n n -a �C v. na- c v e u CUP 2016.29, CUP 2016.30 & CUP 2016.33 MAJESTY RESTAURANT 5015 WEST EDINGER AVENUE, UNIT V SITE PLAN EXHIBIT 4 31A -12 PROJECT SITE IY6YN:WYi �F S70RA6E CUP 2016.29, CUP 2016.30 & CUP 2016.33 MAJESTY RESTAURANT 5015 WEST EDINGER AVENUE, UNIT V FLOOR PLAN EXHIBIT 5 31A -13 Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for on-sale 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. Pull 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. 1t 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. 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 6 1 of 4 31A -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, 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. 13. Any pool tables, amusement machines or video games maintained on the premises at anytime 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-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: 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, h. The location and description of any video games proposed to be on the premises. 3 of 4 31A -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. 4of4 31A -17 REQUEST FOR Planning Commission PLANNING COMMISSION MEETING DATE: MAY 27, 1997 ga.icP lean tai PLANNING COMMISSION SECRETARY TITLE: PUBLIC HEARING - APPEAL OF THE ZONING ADMINISTRATOR'S DECISION NO. 97 -02 TO APPEAL THE CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 97-06 FOR THE EMERALD HAY SEAFOOD RESTAURANT Pceparedby Melanie McCann Executive Director 9 Zoning Administrator's Action APPROVED � XAs Recommended (JMt 7a V) ¢BAs Amended G Set Public Hearing For CONTINUED TO Planning Manager Approved Conditional. Use Permit No. 96 -06 as conditioned and adopted the findings as submitted by staff at the meeting of April 9, 1997. Recommendation Deny Appeal of the Zoning Administrators Decision No. 97 -02 and adopt the finding as submitted by staff. DISCUSSICNT Reaue9t C',`.: Applicant The appl.:ants, Mr. Trung Di Nguyen and Mrs. Nga Nguyet Phan, are requesting an appea of a condition of approval for Conditional Use Permit No. 56 -06. This con.:tional use permit was recently granted to allow the on- premise sale of k ->r and wine at the Emerald Bay Seafood Restaurant located at 5015 - V West Edinger Avenue. specifically, the applicant is requesting relief from the Planning Division's condition of approval A.5. requiring the conversion of three private dining rooms to open dining area. ProgertX Description The project site is located near the northeast corner of Euclid. Street and Edinger Avenue (Exhibit 1) . The General Plan land use designation for this property is General Business District (GBD) and the zoning district is Community commercial (Cl). The surrounding land uses are single family residential to the north and east, commercial and single family residential to the south, and multi- family residential and commercial to the west (Exhibit 2). EXHIBIT i 31A -18 CS.� Conditional Use Permit No. 97-06 May 27, 1997 Page 2 Proiect Description A conditional use permit to serve beer and wine in conjunction with an the existing restaurant was approved by the Zoning Administrator on April 6, 1997. The restaurant is located within a 67,468 square foot retail center on a 5.65 acre site(Exhibit 3). The 7,940 square foot restaurant presently includes a public dining area, along with private areas designated as wedding party changing room, office, and private dining (Exhibit 4). Analysis of the Issues Emerald Bay Seafood Restaurant was granted approval to serve alcoholic beverages as an ancillary service to its primary restaurant use. Alcoholic beverages will be served as part of the restaurant menu. The restaurant currently is in operation Sunday through Thursday from 11:30 a.m. to 10:00 p.m., and Fridays and Saturdays from 11:30 a.m. to 12:00 a.m. Within these hours, the restaurant proposes to continue to host wedding and special occasion banquets with live entertainment. The Police Department reviewed the proposed beer and wine license and determined that the restaurant is located in Police Reporting District No. 27. This district has an average crime rate and ranks 63 out of 102 Districts in the total. number of police-related incidents citywide. The Police Department expressed concern with several aspects of the proposal including the layout of the floor plan with private rooms and stage area; potential impacts on adjacent residential uses from amplified music; and noise from the rear parking area. To mitigate these impacts, the Type 41 beer and wine license was conditioned (Exhibits 5 and 6) so that live entertainment and amplified music is limited to three musicians or entertainers, and that live entertainment and public dancing is only permitted in conjunction with wedding or banquet events. In addition, the private dining areas (rooms 2, 3, and 4 of Exhibit 4) are to be incorporated into the main dining area. The applicant is appealing condition number A.5: to eliminate the existing private dining rooms based upon the financial hardship it creates to comply with this condition. Converting the three, approximately 160 square feet, private dining rooms to open public dining area would change the restaurant's Uniform Building Code occupancy rating and require substantial upgrades to the building construction. The Police Department's recommendation to eliminate these rooms is based on experiences with similar facilities were these types of private rooms have been used for unlawful activities and have created a significant enforcement issue. Based on the above analysis of the project and the attached findings, staff recommends denial of Appeal of the Zoning Administrator's Decision No. 97- 02. 31A -19 Conditional Use Permit No. 97 -06 May 27, 1997 Page 3 CEgA Camplianae After completion of Environmental Review Exemption was filed for this project Environmental Quality Act (Exhibit 7). I'U" M Melanie McCann Assistant Planner 11 MCM.SMJ pi¢mmmg.ccmVs"97 -(r vc 31A-20 No. 96 -114, a Categorical pursuant to the California FIRST ST Gj N R2PRO' 2 cz w MI„ so3z ns M °RI Nj m.4om i ��v+ apt nx fl3 n2 MI J t P R4 -- - Ilex L -- d j1 �>cy_rlt_t"°2 QI �Ix. 1 I R2 C R4 A r.1 I e� AI fi.41 —� nx. A I IRI lllIIIJJJJJJ e�u[tF— w Al r• . — eeou -- - � RI 1 C f RI RI I— 0 1I RI i 4Tp RI „RI RI PH 1 .,..R! PROJECT RI SITE RI RI RI >�� _ RI Cy RI FA RI RI fii R ,""' RI tl RI .J RI RI t RI RI s RI v. e. I RI ..ro ne.m + LILAC hV E. EDINGER AVE. O OPEN SPACE LP LIMITED PROFESSIONAL LIA LIMITED MANUFACTURING At GENERAL AGRICULTURE P PROFESSIONAL MI LIGHT INDUSTRIAL RE RESIDENTIAL ESIAlE CR COMMERCIAL RESIDENTIAL M2 HEAVY INDUSTRIAL RI SINGLE FAMILY RESIDENTIAL C7 COMMUNITY COMMERCIAL -PD PLANNED DEVELOPMENT R2 LIMITED MULTIPLE FAMILY RES. C2 GENERAL COMMERCM .PAD PLANNED RESIDENTIAL DEV. AS MEDIUM DENSITY MULT''.PLE RES. C3 CENTRAL BUSINESS -SD SPECIFIC DEVELOPMENT R4 SUBURBAN APARTMENT C4 PLANNED SHOPPING CENTER �B PARKING MODIFICATION CD CIVIC DEVELOPMENT C5 ARTERIAL COMMERCIAL. +01 HEIGHT DISTRICT GC GOVERNMENT CENTER CM COMMERCIAL MANUFACTURING voa CUP 97 -6 _ EXHIBIT 1 31A-21 SINGLE iMY RE w m LE FAMILY RES. F� 11 COMMERCIAL LEHNHARDT COMMERCL CdSINGLE RE AMILY w 45 SINGL FAM Y � M SING EFAM1 fCY � SI GL FA 1ItY U ES. +� LL AVENUE v w `t Z w w w m � GT � e ir- a w O Z � h EDINGER AVENUE PARK � E=L71 TL L w FLOWER AVENUE SINGLE FAMI Y RE ID NTfAL CUP is EMERALD BAY SEAFOOD RESTAURANT 5015 WEST EDINGER AVENUE, 31A-22 N T1 ro� rt ZEW — — — r-YIPRcL31A-237" IT q p,u 1 Y� Y. 11 Yi r. a run a L�l i � Nvdaoma � �6 ! }7 0A Q \� 5 \ ^�{ / / | |� ' m � I � �6 ! }7 0A Q \� 5 \ ^�{ / / Conditional Use Permit No. 97 -06 May 27, 1997 Page 1 rindings A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood and community? The existing restaurant provides a, service to the surrounding properties, community, and employees in the area. The sale of beer and wine for on- premise consumption in conjunction with enclosed /private dining rooms may result in additional Police incidents that would have a negative impact on the well being of the neighborhood and community. B. 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 new liquor license at the Emerald Bay Seafood Restaurant may have detrimental affects to persons residing or working in the area without condition number A.B. to eliminate the private dining room. These private rooms provide an environment conducive to unlawful. activities that would create new impacts on the surrounding land uses. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The removal of condition number A.B. related to the on- premise sales of beer and wine at the Emerald Bay Seafood Restaurant is anticipated to have an adverse impacts on the economic stability of the area. The potential for the proposed private dining areas to be used for unlawful activities may increase crime in the area and reduce the viability of the business enterprise in the area. D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed Appeal of the Zoning Administrator's Decision will not affect the project's ability to comply with all applicable conditions of Santa Ana's Municipal Code Chapter 41. EXHIBIT S 31A-25 Conditional Use Permit No. 97 -06 May 27, 1997 Page 1 E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed appeal of the conditions of approval for the sale of alcoholic beverages for on- premise consumption will not adversely affect the General Plan. The sale of alcoholic beverages is incidental to the restaurant operation which is a use permitted within the General Business District (GBD) land use designation and zoning district. 31A-26 Conditional Use Permit No. 97 -06 May 27, 1997 Page 1 Conditions for Approval Should Conditional Use Permit No. 97 -06 be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fare Code, the Uniform Building Code and all other applicable regulations. In addition, it shall meet the following conditions: A. Planning Division 1. There shall be no restaurant operations permitted between the hours of 12:00 a.m. and 5:00 a.m. 2, The business must be a bona fide eating establishment as defined by the Alcoholic Beverage control Boards and the standards established by the Planning Commission. These standards state that restaurant establishments include the following: a) one conventional range /oven. b) A double sink. c) A 25 cubic foot refrigerator. d), A four foot by six foot food preparation area. e) An automatic dishwasher. f) Alcoholic beverage storage area shall not exceed five percent of the gross floor area. 3. Prior to issuance of Letter of Approval, a portion of the landscape planters near entrance to restaurant shall be replanted to include five gallon shrubs as approved by Landscape Associated. 4. The security guards are to assure that patrons of the wedding /banquet gatherings do not park in rear of restaurant. (Modified by the Zoning Administrator). 5, ,,e em 1 45 �4dm r %stra T. e (Deleted by the Planning � commission). 5. The restaurant floor plan shall comply with the attached design dated May 20, 1997, (Modfied by the Planning Commission). AX& Conditional Use Permit No. 97 -06 May 27, 1997 Page 2 B. Policy Department 1. The existing suite and parking lot, within 60 feet of the suite, must conform with 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's lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters, 2. Prior to issuance of better of Approval to the Alcohol Beverage control Board all conditions must be complied with. 3. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 4, Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent window coverage. 5. Window displays and racks must be kept to a maximum height of three feet including merchandise. 6. sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 7 :00 a.m. and 12:00 a.m. 7. Live entertainment or amplified music is limited to no more than three musicians or entertainers. Live entertainment and public dancing is only permitted on the premise in conjunction with wedding or banquet events. 8. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages on the premises. 9. There shall be no pool tables or coin- operated games maintained on the premises at any time. 10, The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same time period. 11. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 12. The sale of beer and /or wine for consumption off the premises is prohibited. 13. All. public pay telephones shall be located inside the licensed premises. 31A-28 Conditional Use Permit No. 97 -06 May 27, 1997 Page 3 14. The subject alcoholic beverage license shall not be exchanged for a public premises type license nor operated as a public premises. 15. At all times when the premises are open for business, the sale and service of alcoholic beverages shall be made only in conjunction with the sale and service of food. 16. The premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurants. 17. The premises shall not be operated as an adult entertainment business as such term defined in Santa Ana Municipal Code Chapter 41-12.2. 18. 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 Santa Ana Municipal Code Section 12 -1 and 12 -2. 19. At all times that private functions are being conducted, the applicant shall employ one uniformed, state licensed security guard for every 100 persons, or portion thereof, in attendance for the purpose of keeping the peace. These guards shall also insure the safety of patrons in front and rear parking areas and shall remain in the parking lot until all the patrons have cleared the premises. Every security guard employed by the applicant shall first by the Chief of Police, or his designate. if there is a marked or noticeable increase in the number of police related incidents on or near the premises, as such increase may be determined by the Chief of Police, the applicant shall increase the number of uniformed, state licensed security guards to a total number of guards as determined by the Chief of Police. (Modified by the Zoning Administrator), 20. The Conditional Use Permit shall be reviewed at three months, six months, at one year, and then annually thereafter by the Police Department for any modification to the conditions of approval. (Modified by the Zoning Administrator). 21. Music shall not be played outside nor be audible beyond the area under the control of the license. 22. The permanently affixed stage area shall be used for live entertainment or performances only in conjunction with wedding or banquet events. 31A-29 Conditional Use Permit No. 47 -06 May 27, 1997 Page 4 23. n r�; �e- ate - e. _ ___ - -, (Modified by the Zoning Administrator). C. 4 . p-a (Modified by the Zoning Administrator) 31A-30 Police Call For Service Data 09 -08 -2015 through 09 -07 -2016 Cal4 /Report Types AUDIBLE ALARM - FALSE BATTERY JUST /OCCURED BURGLARY- COMMERCIAL RPT CRIME SCENE INVESTIGATION DISTURBING THE PEACE - VARIOUS GRAND THEFT RPT INORMATION REPORT KEEP THE PEACE MISSING PERSON OPEN DOOR PATROL CHECK PERSON DOWN STOLEN VEHICLE RPT TRAFFIC ACCIDENT NON- INJURY TRESPASSING WARRANT ARREST Grand Total Incident P1601.02902 P160102820 P160103755 ` P160105568 " P160105829 P160106278 ° P160107622 P160107648 ' P160108646 ' P160108751 P160108932 P160110295 P160206527 P160208870 P160210986 P160304229 DateITime Location 01/08/1607;17 5015 WEDINGER AV 0110811608;04 5015 W EDINGER AV 01/10/1612:41 5015 W EDINGER AV 01/14/16 16:50 5015 W EDINGER AV 01/15/1610:00 5015 W EDINGER AV 01/16/1612:1.9 5015 W EDINGER AV 01/19/16 16:32 5015 W EDINGER AV 01/19116 17:30 5015 W EDINGER AV 01/21/11x22:38 5015 W EDINGER AV 01/22/1606:23 5015 W EDINGER AV 01/22/1615:17 5015 W EDINGER AV 01/25/1617:39 5015 W EDINGER AV 02/16/1606:28 5015 WEDINGER AV 02/21/1614:11 5015 W EDINGER AV 02/26/1608:20 5015 W EDINGER AV 03/10/1608:36 5015 WEDINGER AV Count of Call Types 1 12 3 6 1 1 1 1 2 5 1 1 1 2 1 so Call Description BURGLARY • COMMERCIAL RPT CRIME SCENE INVESTIGATION BURGLARY - COMMERCIAL RPT TRESPASSING TRESPASSING DISTURBING THE PEACE - VARIOUS BURGLARY - C:OMMERCIAL RPT CRIME SCENE INVESTIGATION STOLEN VEHICLE RPT AUDIBLE ALARM - FALSE PATROLCHECR OPEN DOOR INORMATION REPORT ICEEP THE PEACE BURGLARY - COMMERCIAL RPT BURGLARY - COMMERCIAL RPT EXHIBIT 8 31A-31 Report No. 16 -00722 16 -00922 16 -01785 16 -02026 16-04367 16 -05366 16.06575 P160306722 * P160313954 * P160401267 * P160404531 " P160406773 P160406783 P160406804 PI(Y0407371 ° P160408355 P100408393 '* P160503176 P160510290 P160513902 'k P160605456 " P160700294 P1.60701256 P160701642 Pt60701788 Pt60704900 '•" P160712582 P160713653 P160714470 *' P160802683 P160812214 * P150910924 * P150911036 P150911341 P150911396 P150911948 P151007142 P151104750 " P151107022 1)151203859 P151211525 03/16/1604:11 5015 W EDINGERAV 03/31/16 20:0 t 5015 W EDINGER AV 04/0311622:20 5015 W EDINGER AV 04/11/1609:56 5015 W EDINGER AV 04/1611610:29 5015 W EDINGER AV 04/16/16 10:58 5015 W EDINGER AV 04/16/1612:02 5015 W EDINGER AV 04/17/16 16.36 5015 W EDINGER AV 04/19116 17:34 50t5 W EDINGER AV 04/19/16 19x2 5015 W EDINGER AV 05/07/1623:26 5015 W EDINGER AV 05/23/16 12:47 5015 W EDINGER AV 05/31/1605:36 5015W EDINGER .AV 06/12/16 09:02 5015 W EDINGER AV 07/01/1.6 14:56 5015 W EDINGER AV 07/03/1609:05 5015 W EDINGER AV 07/03/16 22:19 5015 W EDINGER AV 07/04/1603315 5015 W EDINGER AV 07/09/16 18:22 5015 W EDINGER AV 07/26/1605:38 501.5W EDINGER AV 07/28/16 11:37 5015 W EDINGER AV 07/30/1603:45 5015 W EDINGER. AV 08/06/1620:32 50.15W EDINGER AV 08/27/16 10:01 5015 W EDINGER AV 09/25/15 06:11 5015 W EDINGER AV 09/25/15 11:36 5015 W EDINGER AV 09/26/15 00:09 5015 W EDINGER AV 09/26/1503:09 5015 W EDINGER AV 09/27115 10:05 501.5 W EDINGER AV 10/17/15 06:06 5015 W EDINGER AV 11/12/1512:22 501.5 W EDINGER AV 11/17/1522:14 5015 W EDINGER AV 12/10/15 07:44 5015 W EDINGER AV 12/30/15 08 :54 5015 W EDINGER AV BURGLARY - COMMERCIAL RPT AUDIBLE ALARM - FALSE DISTURBING THE PEACE - VARIOUS DISTURBING THE PEACE - VARIOUS BURGLARY - COMMERCIAL RPT BURGLARY - COMMERCIAL RPT CRIME SCENE INVESTIGATION AUDIBLE ALARM - FALSE WARRANT ARREST PATROL CHECK AUDIBLE ALARM - FALSE PATROL CHECK BURGLARY- COMMERCIAL RPT AUDIBLE ALARM - FALSE TRAFFIC ACCIDENT NON - INJURY AUDIBLE. ALARM - 'FAL,SE DISTURBING THE PEACE - 'VARIOUS AUDIBLE ALARM -FALSE MISSING PERSON AUDIBLE ALARM- FALSE PERSON DOWN AUDIBLE ALARM - FALSE AUDIBLE ALARM - FALSE DISTURBING THE PEACE - VARIOUS BATTERY JUST /OCCURED PATROL CHECK. PATROL CHECK OPEN DOOR. BURGLARY - COMMERCIAL RPT' BURGLARY - COMMERCIAL RPT DISTURBING THE PEACE- VARIOUS AUDIBLE ALARM - FALSE BURGLARY - COMMERCIAL RPT GRAND THEFT RPT 31A-32 16 -07124 16.08646 16 -10083 I6 -10087 16 -10201 16 -10387 16 -14[77 16 -15314 16 -17387 16 -20706 15 -25174 15-27138 15 -32204 15 -33924 LS 9.12.16 RESOLUTION NO. 2016 -38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016 -29 TO ALLOW THE ON- PREMISE SALE OF ALCOHOLIC BEVERAGES; CONDITIONAL USE PERMIT NO. 2016 -30 AS CONDITIONED TO ALLOW AFTER -HOURS OPERATION; AND CONDITIONAL USE PERMIT NO. 2016 -33 AS CONDITIONED TO ALLOW AN ANCILLARY BANQUET USE AT THE PROPERTY LOCATED AT 5015 WEST EDINGER AVENUE, UNIT V 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 -29 to expand the on- premise sale of alcoholic beverages into the adjacent tenant space; Conditional Use Permit No. 2016 -30 to allow after -hours operations until 2:00 a.m.; and, Conditional Use Permit No. 2016 -33 to allow an ancillary banquet use, for the property located at 5015 West Edinger Avenue, Unit V. B. Santa Ana Municipal Code Section 41 -196 requires approval of a conditional use permit for establishments selling alcoholic beverages for either on -site or off -site consumption. C. Santa Ana Municipal Code Section 41- 365.5(f) requires approval of a conditional use permit for businesses operating between the hours of 12:00 a.m. and 5:00 a.m. in the Community Commercial (C -1) zoning district. D. Santa Ana Municipal Code Section 41- 365.5(k) requires approval of a conditional use permit for banquet facilities as an ancillary use, subject to development and operational standards set forth in Santa Ana Municipal Code Section 41- 199.1, in the Community Commercial (C -1) zoning district. E. On September 12, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016 -29, Conditional Use Permit No. 2016 -30 and Conditional Use Permit No. 2016 -33. Resolution No. 2016 -38 Page 1 of 12 31A-33 F. After said hearing, the Planning Commission continued the matter to its regularly scheduled meeting of October 10, 2016. G. 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 Section 41- 638, have been established for Conditional Use Permit No. 2016 -29 to allow for on- premise sale of alcoholic beverages: 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 expansion of the Alcoholic Beverage Control (ABC) license into the adjacent suite will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase 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. 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 ABC license will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity as operational standards will ensure that the use will not create any negative or adverse impacts. This will primarily be a restaurant use and the addition of alcohol will be ancillary to the main use. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The project site is located within a multi- tenant commercial center and is suitable for the proposed use. Alcoholic beverages on the menu at Majesty Restaurant's expanded space will increase the patronage to the restaurant and number of visitors to the development, thereby enhancing the profitability of the business and economic stability of the area. Thus, the expansion of Majesty Restaurant into the adjacent tenant space will enhance the economic viability of the area. Resolution No. 2016 -38 Page 2 of 12 31A-34 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed alcohol beverage license will be in compliance with all applicable regulations and operational standards found in Chapter 41 of the Santa Ana Municipal Code regarding on- premise alcohol licenses. The facility will be maintained as a full service bona fide eating establishment. Alcohol storage and display areas will consist of less than five (5 %) percent of the floor area which is the maximum threshold established by the Santa Ana Municipal Code. Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 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 alcoholic beverages 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. Majesty Restaurant's tenancy will continue to contribute to the maintenance and viability of the commercial development 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 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 is located in a commercial center and its expanded operations are compatible with the surrounding commercial businesses. H. 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 Section 41- Resolution No. 2016 -38 Page 3 of 12 31A-35 638, have been established for Conditional Use Permit No. 2016 -30 to allow after -hours operation: That the proposed use will provide a service or facility which will contribute to the general well -being of the neighborhood or community. Majesty Restaurant is requesting to operate until 2:00 a.m. This will allow the restaurant to remain competitive with other restaurants in the area. Conditions have been placed on the after -hours operations that will mitigate any potential impacts created by the use and ensure that the use will not adversely 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 after -hours operations for the restaurant at this location will not be detrimental to persons residing or working in vicinity because conditions have been placed on the restaurant operations that will mitigate any potential negative or adverse impacts created by the use. Additionally, the restaurant will serve both visitors and the local and regional business community. 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 stability of the area, but will instead allow local businesses to become a destination area. Moreover, the flexibility of operational hours will help the commercial shopping center remain economically viable. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant operating after 12:00 a.m. 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. Resolution No. 2016 -38 Page 4 of 12 31A-36 The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant that is open past midnight contributes to the economic success of the City as a shopping and dining destination. 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 expansion of the ABC license will maintain a safe and attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible and supportive of surrounding land uses. Majesty Restaurant is located in a commercial corridor and is compatible with surrounding land uses. 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 Section 41- 638, have been established for Conditional Use Permit No. 2016 -33 to allow an ancillary banquet use: 1. That the proposed use will provide a service or facility which will contribute to the general well -being of the neighborhood or community. Majesty Restaurant may close the entirety or a portion of the restaurant to allow for a banquet use, which would allow the restaurant to be used by the local community for private events or functions. This will allow the restaurant to remain competitive with other restaurants in the area, and will help the area become a destination point. Development and operational standards for banquet facilities and conditions placed on the banquet use operations 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 banquet use at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the restaurant operations that will mitigate any potential negative or adverse impacts created by the use. Additionally, the restaurant will serve both visitors and the local and regional business community with emphasis on local service. Resolution No. 2016 -38 Page 5 of 12 31A-37 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 negatively affect the economic stability of the area, but will instead allow local businesses to become a destination area. Further, offering various types of services and land uses is needed to create a dynamic community for local patrons and visitors. 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 operational standards found in Chapter 41 of the Santa Ana Municipal Code regarding banquet facilities. Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to banquet facilities to ensure that the use does not impact neighboring properties or create an attractive nuisance. 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. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's varied need for goods and services. A restaurant that offers the potential for private parties and banquets provides an essential service for local patrons and regional visitors, including the business community. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Policy 5.5 of the Land Use Element encourages development that is compatible with and support of surrounding land uses. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana. J. In accordance with the California Environmental Quality Act, the recommended action is exempt from 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. No modification to the exterior of the building is proposed. Resolution No. 2016 -35 Page 6 of 12 31A-38 Categorical Exemption Environmental Review No. 2016 -84 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 sole 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 -29, Conditional Use Permit No. 2016 -30 as conditioned in Exhibit A attached hereto and incorporated herein, and Conditional Use Permit No. 2016 -33 as conditioned in Exhibit B attached hereto and incorporated herein, for the project located at 5015 West Edinger Avenue, Unit V. 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 September 12, 2016, and exhibits attached thereto; the Request for Planning Commission Action dated October 10, 2016, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 10th day of October, 2016. AYES: Commissioners: Bacerra, Bauer, McLoughlin, Mendoza (4) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney None (0) Alderete, Gartner, Verino (3) None (0) Lynnette Verino Chairperson 31A-39 Resolution No. 2016 -38 Page 7 of 12 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -38 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 10, 2016. Date: Acting Recording Secretary City of Santa Ana 31A-40 Resolution No. 2016 -38 Page 8 of 12 Conditions of Approval Conditional Use Permit No. 2016 -30 for after -hours operations is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions Code and shall provide a menu containing an assortment of foods normally offered at a restaurant. 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 alcohol license are being exercised. 2. There will be no outdoor restaurant activity. 3. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 4. There shall be no amplified sound used outside the building. 5. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond five (5) feet from the exterior of the premises in any direction. 6. The applicant shall post "No Loitering" signage within the rear parking area. The signage shall include all information as directed by the Police Department to allow enforcement. The signage shall also prohibit parking within this parking area from 9:00 p.m. to 7:00 a.m. 7. The rear north and east restaurant doors shall remain closed at all times, except to accommodate deliveries. Deliveries shall be prohibited between the hours of 9:00 p.m. to 7:00 a.m. Resolution No. 2016 -38 Page 9 of 12 31A-41 8. Prior to release of the conditional use permit to the State Department of Alcoholic Beverages (ABC), the applicant shall obtain an entertainment permit. Resolution No. 2016 -38 Page 10 of 12 31A-42 EXHIBIT B Conditions of Approval Conditional Use Permit No. 2016 -33 for an ancillary banquet use is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. The premises shall comply with the banquet facilities development and operational standards set forth in Section 41 -199.1 of the Santa Ana Municipal Code. 2. 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 at a restaurant. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. 3. There will be no outdoor restaurant activity. 4. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 5. Any and all existing or new lighting on the building's exterior must be maintained in working order. 6. All exterior lighting will be directed towards the restaurant and /or sidewalk and not towards other properties. 7. There shall be no amplified sound used outside the building. 8. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond five (5) feet from the exterior of the premises in any direction. Resolution No. 2016 -38 Page 11 of 12 31A-43 9. The applicant shall post "No Loitering" signage within the rear parking area. The signage shall include all information as directed by the Police Department to allow enforcement. The signage shall also prohibit parking within this parking area from 9:00 p.m. to 7:00 a.m. 10.The rear north and east restaurant doors shall remain closed at all times, except to accommodate deliveries. Deliveries shall be prohibited between the hours of 9:00 p.m. to 7:00 a.m. 11. Prior to release of the conditional use permit to the State Department of Alcoholic Beverages (ABC), the applicant shall obtain an entertainment permit. Resolution No. 2016 -38 Page 12 of 12 31A-44