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Home My WebLink About31B - CUP - 3355 S BRISTOLREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 4, 2017 TITLE: CONDITIONAL USE PERMIT NO. 2017 -07 TO ALLOW FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT BLACK BEAR DINER RESTAURANT LOCATED AT 3355 SOUTH BRISTOL STREET - MICHAEL CHO, APPLICANT {STRATEGIC PLAN NO. 3,2) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 1110W041/4k ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s' Reading ❑ Ordinance on 2 "6 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2017 -07. PLANNING COMMISSION ACTION At its regular meeting on March 13, 2017, by a vote of 6:0 (Mendoza absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2017 -07 which approved the sale of alcoholic beverages for on- premise consumption at the Black Bear Diner Restaurant at 3355 South Bristol Street located in the Community Commercial (C -1) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Michael Cho, representing Black Bear Diner, is requesting approval of a conditional use permit (CUP) to allow the sale of alcoholic beverages for on- premise consumption at an existing eating establishment. The subject site is approximately 104,117 square feet in size and is part of an integrated shopping center. The restaurant is operating from an existing 5,300- square foot standalone building which has provided a restaurant use since 1971 as an original Big Boy's restaurant. In 1993, Carrow's took over the location offering similar meal options until the restaurant closed down in 2015. Black Bear Diner took over the vacant building in 2016 and remodeled the inside and outside to match the decor of the other 90 diners located within the western United States. No further alterations are proposed at this time. Black Bear Diner restaurant operates as a full service, sit -down casual eating establishment. As an ancillary use, alcoholic beverages will be stored and placed on display in a refrigerator and inside a cabinet that is located in the Manager's office, for a total of 42 square feet, which is less than five percent of the 31 B -1 Conditional Use Permit No. 2017 -07— Black Bear Restaurant at 3355 South Bristol Street April 4, 2017 Page 2 gross floor area of the restaurant and is consistent with the requirements of the SAMC. The restaurant will continue to provide seating for 128 patrons and the hours of operation will remain the same; from 6:00 a.m. to 10:00 p.m. 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, Objectives #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. Hassan Haghani, AICP Executive Director Planning & Building Agency IO:rb to \Planning Commission\ 3355SBristol \3355SBristolBlackBearDiner.cc Exhibit: A. Planning Commission Staff Report 31 B -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MARCH FILED PUBLIC HEARING — BY MICHAEL HO FOR CONDITIONAL USE PERMIT NO. 201 -07 TO ALLOW FOR A, OF •...O.. t r � • • • PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Prepared by Ivan Orozco �ecuti hector Planni�Ma RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2017 -07. Michael Cho, representing Black Bear Diner, is requesting approval of a conditional use permit (CUP) to allow the sale of alcoholic beverages for on- premise consumption at an existing eating establishment located at 3355 South Bristol Street. Staff is recommending approval of the request because the site meets all Santa Ana Municipal Code requirements to be considered an eating establishment and because the site is located away from any sensitive land uses. item Information Project Address 3355 South Bristol Street Nearest Intersection Bristol Street and MacArthur Boulevard General Plan Designation General Commercial (GC) Zoning Designation Community Commercial (C -1) Surrounding Land Uses North Commercial East Commercial South Commercial West Commercial Property Size 104,117 sq. ft. (2,39 Acres) Existing Site Development The site is developed with multiple commercial buildings, including the subject 5,300 square-foot restaurant Use Permissions Restaurant use is allowed by right; alcohol sales are allowed with approval of a conditional use permit CUP Zoning Code Sections Affected Uses I Section 41 -196 & 41 -366 SAMC Operational Standards I Section 41 -196 (g) SAMC EXHIBIT A 31 B -3 Conditional Use Permit No. 2017 -07 March 13, 2017 Page 2 Project Description Black Bear Diner restaurant operates as a full service, sit -down casual eating establishment; no alterations or expansion of the restaurant are proposed at this time. Alcoholic beverages will be stored and placed on display in a refrigerator and inside a cabinet that is located in the Manager's office, for a total of 42 square feet, which is less than five percent of the gross floor area of the restaurant and is consistent with the requirements of the SAMC. The restaurant will continue to provide seating for 128 patrons. Standards Required by SAMC Provided Eating Establishment Type Bona -Fide Bona -Fide Hours of Operation 6:00 am to 12:00 am 6:00 am to 10:00 pm Window Display 25% of Window Coverage Complies with SAMC Live Entertainment Entertainment Permit No Entertainment Pro used Alcohol Storage and Dula 5% of G.F.A. 0.1 % of G.F.A. Exterior Telephone Prohibited None r.. r... The subject site was originally constructed as a Bob's Big Boy restaurant in 1971 as part of an integrated shopping center. The building has continuously provided a restaurant use and in 1993, Carrow's restaurant took over the space, Carrow's restaurant also provided on- premise alcohol services through a Type 41 ABC License. In 2015, Carrow's ceased operations and the space remained empty until January 2016 when the Black Bear Diner group submitted an application for occupancy, Since the location was vacant for over one year, Black Bear Diner was required to submit a new conditional use permit application to comply with the requirements of the SAMC. Black Bear Diner is a chain restaurant that first established in 1995. The company is based out of Redding, California and currently has 91 locations in eight states with plans to open 19 additional locations. Project Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permits 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. Staff has prepared the following analysis, which in turn forms the basis for the recommendation contained in this report. 31 B -4 Conditional Use Permit No. 2017 -07 March 13, 2017 Page 3 The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures, and to minimize impacts to surrounding areas, Staff has reviewed the applicant's request to allow an on -sale license at this location. Since the proposed alcohol license is intended to provide an added amenity to the restaurant, and because the sale of alcoholic beverages will be ancillary to the primary use as an eating establishment, staff recommends approval of the proposed CUP. The proposed use will not be detrimental to the health, safety, and welfare of the community. Black Bear Diner is a restaurant business with established procedures and operators in multiple states. The existing eating establishment and proposed alcoholic beverage service will enhance the economic viability of the area and create a more attractive opportunity for visitors and residents in the community, The proposed CUP will be in compliance with all other regulations, including alcohol storage and display area set forth in Section 41- 196(c) of the SAMC. Further, the site will be in compliance with all the operational standards set forth in Section 41- 196(g) of the SAMC, which govern the on- premises sale of alcoholic beverages (Exhibit 6). Additionally, the site is located away from sensitive land uses, ensuring that it will not be detrimental to any residential area in the vicinity, Finally, the proposed CUP will be consistent with several goals and policies of the General Plan, including Goal 2 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, Black Bear Diner proposes to provide an additional amenity as part of the restaurant operations, to serve guests and residents of the City, similar to the restaurants in the immediate vicinity. Table 3: Police Department Analysis and Criteria for Recommendation Police Department Analysis and Criteria for Recommendation Police Grid No, and Rank police Grid No. 150; ranked 40 out of 102 Police Reporting Grids 38 p 9 ( `" percentile) Threshold for High This reporting district is below the 20 percent threshold established by the State for Crime high crime Police Department The Police Department contends that the operational standards applicable to on- Recommendation premise ABC licenses will mitigate any potential impacts to the surrounding community and therefore does not oppose the granting of a CUP. For on -sale licenses, the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c) (2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny 31 B -5 Conditional Use Permit No. 2017 -07 March 13, 2017 Page 4 theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach CEQA CEQA Type General Rule (Section 15061 (b) (3)j 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 Reason(s) environment. The project proposes to allow the operation of a Type 47 alcoholic Exempt or Analysis beverage control license to sell beer, wine, and distilled spirits at a bona -fide restaurant. The City has determined that the use will not create any adverse impacts such as noise, traffic, or safety concerns. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No.3 (Economic Goal(s) and Development) Objective No. 2 of creating new opportunities for business /job growth Policy(s) and encourage private development through new General Plan and Zoning Ordinance policies. Public Notification & Community Outreach A public noticed was posted on the project site on March 3, 2017, Required Measures Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on March 3, 2017. Newspaper posting was published in the Orange County Reporter on March 3, 2017. The South Coast and Sunwood Central neighborhood associations were contacted Additional Measures by phone 10 days prior to the scheduled public hearing. At the time this report was printed, no issues of concern were raised regarding this application. RIUM Conditional Use Permit No. 2017 -07 March 13, 2017 Page 5 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2017 -07. Ivan Oroa Assistant IO:jm IoWlanning Commission1 3355SBAStoii33555BrIStolBlackBearbinor .pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31 B -7 0 Hi R4 RI CI III 1 ➢PYID Pro [4 RI 0 MI Nl I At I At Ml R Al Ri Sim C4 A, CI § C4 C2 MACARTHUR L/ PROJECr SfrE- r 11 " - I I / it QD C2 0 A I •PAD R4 Rl C2 Rt 11 SD•7 R4 R4 CA SD-43 CA SD- 48 Rl r------------------ I SUNFLOWER AVE Al GENEFAILAONCULTURALt CR OCAIMER)ALRESDUMAL At SINCI-EFAMILYF690UMAI, 8 RAWAIGMODIRCUION w GDMERNMENTM R2 MFAWYMBDIENCE GSM CCIMMIFtUALSOUTH MAIN ml UGMINDUSTRAL R3 MUL11REMNSITYMULTR-E cl MMMUNITY00MMIERCAL M2 HEAVYINOUSMAl FAMILYFESIDENrE GIND COMM COMMERCIALIMUSISJM CISTRCT MD MIUTARYOPERAMONS RI SUBUR34NAPARrMElli C2 MI]4lA_00MMUUAL 0 CIPEN MICE RE FESDROALESMTE C3 CEITIRALISLONESS P PROFFMONAL so SPEORCOEVELOPMENIT C3A C84ML EUSINERSAR7SI'MILLAGE PCD `_AMNM0QMMVNIWD 0PMRJ � SP]MIRCRILot U RANNIMSHOPINGUNTER PAD P_AMNM 90DENTIALDEVELOPMENT G5 AMERALOCUMMAL CUP 2017-07-RST 4 BLACK BEAR DINER ABC G[: , 3355 SOUTH BRISTOL STREET 500 FEET 1000 FEET P L A N N 1 N G A N D B U I L D I IN G A G E N C Y � If ti o Lll n m I I F L; I ALTON MACARTHUR C O M M E R C I A L AVENUE h w w � h C 0 M E R C I A L C O M M E R C I A L h w w � h � w C[ en z _ a t _ ww BOULEVARD MULTI- C O M M, F A M I L Y RESIDENCE CUP 2017- 07 -RST BLACK BEAR DINER ABC 3355 SOUTH BRISTOL STREET �r 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 TI G- 9 u C) V) m C 0 M BOULEVARD MULTI- C O M M, F A M I L Y RESIDENCE CUP 2017- 07 -RST BLACK BEAR DINER ABC 3355 SOUTH BRISTOL STREET �r 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 TI G- 9 �` ti --:�� - rl q x K lit 3 If �9 /� A w 4- f a •As e wnv �.wwner w 0 A afl� A a 3.A w RA � a 5 e � F I p I i ' a L , :Sa w . 7atii �6 w y Pit EXHIBIT 4 cry r t '� €P �i erg �9�0�1�� x K lit 3 If �9 /� A w 4- f a •As e wnv �.wwner w 0 A afl� A a 3.A w RA � a 5 e � F I p I i ' a L , :Sa w . 7atii �6 w y Pit EXHIBIT 4 cry EXHIBIT 5 31 B -12 LS 3.13.17 RESOLUTION NO. 2017 -06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017 -07 TO ALLOW THE ON- PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES AT BLACK BEAR DINER RESTAURANT LOCATED AT 3355 SOUTH BRISTOL 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. 2017 -07 to allow an on- premise Alcoholic Beverage Control (ABC) license for the property located at 3355 South Bristol Street. B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption of beer and wine service that is ancillary to the primary restaurant use. C. On March 13, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017 -07. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2017 -07 to allow for the on- premise ABC license: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed sale of alcoholic beverages for on- premise consumption will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase a variety of alcoholic beverages with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards are applicable to the alcoholic beverage control license which will address any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2017 -06 31 B -1 3 Page 1 of 4 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed sale of alcoholic beverages for on- premise consumption at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will address 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 ensuring that Black Bear Diner continues to operate as a bona -fide restaurant. The site is located away from sensitive land uses, ensuring the health and safety of the residents living in the vicinity. 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. All health codes and regulations will be followed, in addition to employee training programs focused on security, alcohol responsibility, and preventing the sale of alcoholic beverages to minors, which ensure that the alcohol sales are handled in a responsible manner. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed sale of alcoholic beverages will not adversely affect the present economic stability or future economic development of the properties surrounding the area. Conversely, the ABC license will enhance the economic viability of the area and create a more attractive eating opportunity for visitors and residents in the community. Moreover, the offering of alcoholic beverages will allow Black Bear Diner Restaurant, a fast casual establishment, to remain economically viable and contributes to the overall success of the South Bristol Corridor. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed alcohol license will be in compliance with all applicable regulations and operation standards found in Chapter 41 of the Santa Ana Municipal Code, including alcohol storage and display area set forth in Section 41- 196(g). Operation 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 Resolution No. 2017 -06 31B-14 Page 2 of 4 nuisance. 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 gross floor area for the display and storage of alcoholic beverages, which is the maximum threshold established by the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed sale of alcoholic beverages will not adversely affect the General Plan. Restaurants that offer food and alcoholic beverages are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with several goals and policies of the General Plan, including Goal 2 of the Land Use Element, which promotes land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses. Furthermore, the project is consistent with Policy 2.2 of the Land Use Element, which encourages land uses that accommodate the City's needs for goods and services. The granting of this application is also consistent with Policy 5.5 of the Land Use Element of the General Plan, which encourages projects that are compatible with and supporting of surrounding land uses. Black Bear Diner Restaurant is located in a commercial area and its operations will be compatible with the surrounding commercial businesses. E. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the on- premise sale of beer and wine at a full - service restaurant within an existing structure. No expansion of square footage or interior reconfigurations of square footages are proposed as part of the project. Categorical Exemption Environmental Review No. 2017 -09 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 Resolution No. 2017 -06 31 B -1 5 Page 3 of 4 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. 2017 -07. 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 March 13, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of March, 2017 by the following vote: AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS -LEO, MCLOUGHLIN, NGUYEN, VERNINO (6) NOES: Commissioners: ABSENT: Commissioners: MENDOZA(1) ABSTENTIONS: Commissioners: Lynette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2017 -06 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 13, 2017. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2017 -06 31 B -1 6 Page 4 of 4