HomeMy WebLinkAboutRESO 2016-46_304 N Main St (Gu Ramen ABC)LS 11.28.16
RESOLUTION NO. 2016-46
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2016-42 TO ALLOW THE SALE OF
ALCOHOLIC BEVERAGES FOR ON -PREMISE
CONSUMPTION AND CONDITIONAL USE PERMIT NO.
2016-43, AS CONDITIONED, TO ALLOW AFTER HOURS
OPERATION AT GU RAMEN RESTAURANT LOCATED AT
304 NORTH MAIN STREET
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. 2016-42 to
allow the sale of alcoholic beverages for on -premise consumption and
Conditional Use Permit No. 2016-43 for after-hours operation for the
property located at 340 North Main Street.
B. Santa Ana Municipal Code Section 41-2007(a) requires a conditional use
permit for the sale of alcoholic beverages for on-site consumption that is
ancillary to the primary restaurant use.
C. Santa Ana Municipal Code Section 41-2007(a) requires a conditional use
permit to allow any business to operate between the hours of 12:00 a.m.
and 7:00 a.m.
D. On November 28, 2016, the Planning Commission held a duly noticed
public hearing on Conditional Use Permit No. 2016-42 and Conditional
Use Permit No. 2016-43.
E. 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. 2016-42 to allow for sale
of alcoholic beverages for on -premise consumption:
1. That the proposed use will provide a service or facility which will
contribute to the general well-being of the neighborhood or the
community.
The proposed sale of alcoholic beverage for on -premise
consumption at this location will provide an ancillary service
Resolution No. 2016-46
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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.
2. That the proposed use under the circumstances of the particular
case will not be detrimental to the health, safety, or general welfare
of persons residing or working in the vicinity.
The proposed sale of alcoholic beverage for on -premise
consumption at this location will not be detrimental to
persons residing or working in the vicinity because
operational standards applicable to the alcoholic beverage
control license will mitigate any potential negative or adverse
impacts created by the use. This is primarily a restaurant use
and the addition of alcohol will be ancillary to the main use.
Finally, the sale of alcohol in the restaurant is intended to be
incidental to the primary use as an eating establishment and
will occur within the premises.
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 the restaurant to
compete with other nearby restaurants that also offer a full
selection of alcoholic beverages for sale to their guests and
other visitors. Moreover, the offering of alcoholic beverages
will allow Gu Ramen, a locally owned restaurant, to remain
economically viable and compete with nearby full-service
restaurants in the vicinity and contributes to the overall
success of the City of Santa Ana.
4. That the proposed use shall 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 alcoholic beverages for on -premise
consumption 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 five (5%) percent of the
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gross floor area for the display and storage of alcoholic
beverages, which is the maximum threshold established by
the Santa Ana Municipal Code.
5. That the proposed use will not adversely affect the General Plan or
any specific plan of the City.
The proposed sale of alcoholic beverage for on -premise
consumption at this location 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. Finally, Policy
5.5 of the Land Use Element encourages development that
is compatible with and supporting of surrounding land uses.
Gu Ramen will be located in the City's Downtown area and
its operation will be compatible with the surrounding
businesses.
F. 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. 2016-43, as conditioned,
to allow for 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 the
community.
The proposed after-hours operations will provide an ancillary
service to individuals that wish to have a late night meal.
This will thereby benefit the community by providing a food -
related amenity offering service past 12:00 midnight, which
is consistent with that of other restaurants in the Downtown
area. Conditions have been placed on this operation to
mitigate any potential problems created by the after-hours
operation to ensure that service past 12:00 midnight will not
negatively impact the surrounding community, such as
requiring the establishment to maintain a complete food menu
past midnight, disallowing outdoor restaurant activity, and
limiting amplified sound to within the building.
2. That the proposed use under the circumstances of the particular
case will not be detrimental to the health, safety, or general welfare
of persons residing or working in the vicinity.
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The proposed after-hours operations will not be detrimental
to those living or working in the area because conditions
have been placed to mitigate any negative impacts on the
community. These conditions are consistent with other
eating establishments that have similar hours of operation
and similar operational conditions. The after -hour conditions
limit operations to indoor activities after the midnight hour,
therefore mitigating any outside ambient noise, as well as
limiting the amplified sound within the building.
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 the restaurant to
compete with other nearby restaurants that also offer
extended business hours of operation to their guests and
other visitors. Moreover, the offering of after-hours will allow
Gu Ramen, an existing locally -owned restaurant, to remain
economically viable and compete with nearby full-service
restaurants in the vicinity and contributes to the overall
success of the City of Santa Ana.
4. That the proposed use shall comply with the regulations and
conditions specified in Chapter 41 for such use. a
The proposed project will be in compliance with all
applicable regulations and conditions imposed on an eating
establishment operating after-hours pursuant to Chapter 41
of the Santa Ana Municipal Code and the Transit Zoning
Code (SD84) zoning provisions. The establishment will
contain the necessary equipment to qualify as an eating
establishment, and operational standards applicable to the
proposed after-hours that will prevent or mitigate any
impacts from the restaurant onto adjacent properties.
5. That the proposed use will not 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
of full-service restaurants with extended hours of operation
offers additional dining options for Santa Ana residents and
visitors. Furthermore, Policy 5.5 of the Land Use Element
encourages development that is compatible with and
supporting of surrounding land uses. Gu Ramen Restaurant
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is located in the Downtown and its operations will be
compatible with the surrounding commercial businesses.
G. 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
alcoholic beverages at a full-service restaurant within an existing structure
and after-hours operation. There is no reasonable possibility that the
project will have a significant effect on the environment due to the facility
having the necessary infrastructure to operate the proposed use and that
no expansion of square footage is proposed. Categorical Exemption
Environmental Review No. 2016-149 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. 2016-42 and
Conditional Use Permit No. 2016-43, as conditioned in Exhibit A, attached hereto and
incorporated herein. 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 November 28, 2016, and exhibits attached thereto; and the
public testimony, all of which are incorporated herein by this reference.
ADOPTED this 28t' day of November, 2016 by the following vote:
AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, McLoughlin, Mendoza,
Verino (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
Resolution No. 2016-46
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LVdnette Verino
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the
attached Resolution No. 2016-46 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on November 28, 2016.
Date: l / /a 8/l
Acting Recording Secretary
City of Santa Ana
Resolution No, 2016-46
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Q
EXHIBIT A
Conditions for Approval
Conditional Use Permit No. 2016-43 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. The premises
must have suitable kitchen facilities and supply an assortment of foods commonly
ordered at various hours of the day.
2. There will be no outdoor restaurant activity.
3. Any and all existing or new lighting on the building's exterior must be maintained in
good working order.
4. All exterior lighting will be directed towards the restaurant and/or sidewalk and not
towards other properties.
5. There shall be no amplified sound used outside the building.
6. 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 20 feet from the exterior of the
premises in any direction.
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