HomeMy WebLinkAboutRESO 2016-38_5015 W Edinger Ave (Majesty Restaurant)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
F. After said hearing, the Planning Commission continued the matter to its t
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:
1. 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
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
638, have been established for Conditional Use Permit No. 2016-30 to
allow after-hours operation:
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 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.
31
Resolution No. 2016-38
Page 4 of 12
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
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. 2016-38
Page 6 of 12
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: None (0)
ABSENT: Commissioners: Alderete, Gartner, Verino (3)
ABSTENTIONS: Commissioners: None (0)
ynnette Verino
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: L
Lisa Storck
Assistant City Attorney
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: /0/ 10//6
Acting Recording Secretary
City of Santa Ana
Resolution No. 2016-38
Page 8 of 12
EXHIBIT A
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 belowrip 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
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
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 Prior 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
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
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