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HomeMy WebLinkAbout31B - CUP - 117 W 4TH STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: CONDITIONAL USE PERMIT NO. 2017 -12 TO ALLOW FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT THE PIZZA PRESS RESTAURANT LOCATED AT 117 WEST FOURTH STREET, UNIT 101 — KEVIN HUFFORD, APPLICANT {STRATEGIC PLAN NO. 3, 2, 4) �'CITY�MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2017 -12. PLANNING COMMISSION ACTION At its regular meeting on April 10, 2017, by a vote of 7:0, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2017 -12 which approved the sale of alcoholic beverages for on- premise consumption at the Pizza Press Restaurant at 117 West Fourth Street, Unit 101 located in the Transit Zoning Code - Downtown /Specific Development (SD -84) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Kevin Hufford, representing The Pizza Press, is requesting approval of a conditional use permit (CUP) to allow the sale of alcoholic beverages for on- premise consumption at an eating establishment currently going through tenant improvements at 117 West Fourth Street, Unit 101. The Pizza Press restaurant is currently undergoing tenant improvements to combine two suites into one in order to construct a new restaurant with a full kitchen and seating areas with a total of 2,520 square feet. Alcoholic beverages will be stored and placed on display in a walk -in refrigerator and at a beer station that is located behind the customer counter and cashier's station, for a total of 125 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 is proposing to provide seating for 43 patrons. Hour of operation will be 11:00 a.m. to 12:00 a.m. daily. No modifications to the exterior of the historic building other than signage are proposed at this time. Full -sized site plans are available for public viewing in the Clerk of the Council Office. 31 B -1 Conditional Use Permit No. 2017 -12 — Pizza Press Restaurant at 117 West Fourth Street, Unit 101 May 2, 2017 Page 2 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) and Objective #4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining and entertainment destination). FISCAL IMPACT There is no fiscal impact associated with this action. Hassan Haghani, A CP Executive Director Planning & Building Agency 10: rb to \Planning Commission \117W4thUnit101 \117W4thTheP!z aPress,cc Exhibit: A. Planning Commission Staff Report 31 B -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE. APRIL 10, 2017 TITLE: PUBLIC HEARING — FILED BY KEVIN HUFFORD FOR CONDITIONAL USE PERMIT NO, 2017.12 TO ALLOW FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT THE PIZZA PRESS RESTAURANT LOCATED AT 117 WEST FOURTH STREET, UNIT 101 (STRATEGIC PLAN NO. 3, 21 Prepared by Ivan Orozoo xecu ive Director PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED Zoning Designation • Applicant's Request • Staff Recommendation CONTINUED TO RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2017 -12, Executive Summary Planning Man ger Kevin Hufford, representing The Pizza Press, is requesting approval of a conditional use permit (CUP) to allow the sale of alcoholic beverages for on- premise consumption at an eating establishment currently going through tenant improvements at 117 West Fourth Street, Unit 101. 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. Table 1: Project and Location Information -Item .' Information Project Address 117 West Fourth Street, Unit 101 Nearest Intersection _ Fourth Street and Sycamore Street _ General flan Designation District Center (DC) Zoning Designation Transit Zoning Code (SD- 84)1Downtown (DT) Surrounding Land Uses North Commercial East Commercial South Commercial West Commercial Property Size 6,637 s , ft, 0.15 Acres Existing Site Development Multi -story historic commercial structure (Rankin Department Store' Building) with retail and office uses. 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 Section 41 -2007 & 41 -366 SAMC O erational Standards Section 41 -196 g) SAMC _ EXHIBIT A 31 B -3 Conditional Use Permit No, 2017 -12 April 10, 2017 Page 2 Proiect Description The Pizza Press restaurant is currently undergoing tenant improvements to combine two suites into one in order to construct a new restaurant with a full kitchen and seating areas with a total of 2,520 square feet. Alcoholic beverages will be stored and placed on display in a walk -in refrigerator and at a beer station that is located behind the customer counter and cashier's station, for a total of 125 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 is proposing to provide seating for 43 patrons. No modifications to the exterior of the historic building other than signage are proposed at this time, r M . r, Stanlair* Repuire h;B SAM_ G Pto.YiiiO4 Satin Establishment Type Bona -Fide Bona -Fide _ Hours of Operation 7:00 am to 12:00 am 11:00 am to 12 :00 am Window dis la 25% of Window Cavern e Nane proposed Live Entertainment Entertainment Permit No Entertainment Proposed Alcohol §torn e and Dis la 5% of G.F.A. 0.1 % of G,F,A. Exterior Tel e,hone Prohibited _ None e R.' # 0 FETMEMaTne ,.MIEN The subject site is located within the Rankin. Department Store building, which is currently registered and categorized as a Historic Landmark in the Santa Ana Register of Historic Properties, The Pizza Press restaurant proposes to operate within two suites that previously contained a banking /financial institution and a medical office. The building was originally constructed in 1917 and was used by the Rankin Dry Goods company. Shortly after, the structure suffered major damages from the 1933 Long Beach earthquake. Permits were issued to repair those damages and through the years, additional permits were issued to ensure that the building offered amenities such as a new elevator in 1950, bringing in significant tenants to the building. BBVA Bancomer USA and 4t" Street Optometry operated in units 101 and 102, respectively, from the late 2000's until recently. The Pizza Press submitted for occupancy in January of 2017 and shortly after submitted plans to the Planning and Building Agency to combine the two separate units. The Pizza Press is a franchise restaurant currently operating in California with nine locations and will be opening an additional 15 locations in other states such as; Nevada, North Carolina, and Texas. The restaurant offers customers the ability to order personal signature pizzas or a unique pizza of their choice. Several of the locations already offer beer and wine as part of the services with the majority of the locations offering craft beers unique to the area. The proposed location at the Rankin Building will be the first in Santa Ana. 31 B -4 Conditional Use Permit No. 2017 -12 April 10, 2017 Page 3 Proiect 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. 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. The Pizza Press is a restaurant business with established procedures and operators in California and soon in other states. The existing eating establishment and proposed alcoholic beverage service will enhance the economic viability of the restaurant and new eating opportunities 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 uses 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. The Pizza Press 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. Police Department Analysis and Criteria for Recommendation Police Grid No. and Rank Police Grid No. 165; ranked 1 out of 102 Police Reporting Grids (1'h percentile) Threshold for High This reporting district is above the 20 percent threshold established by the State for Crime high crime. 31 B -5 Conditional Use Permit No. 2017 -12 April 10, 2017 Page 4 Police Department Analysis and Criteria for Recommendation 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 General Rule [Section 15061 (b) (3)j community and therefore does riot 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 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. e 0 s CEQA, Strategic Plan Alignment, and Public Notification & "Communit -Outreadh CEQA CEOA 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 sale of beer and wine at a bona -fide restaurant Exempt or Analysis within an existing commercial structure. No expansion of square footage is proposed. The City has determined that the use will not create any adverse impacts such as noise, traffic, or safety concerns. Strategic Plan ° All riment 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 businessljob growth Policy(s) and encourage private development through new General Plan and Zoning Ordinance policies. Public Notiflcatlon ik Community Outreartr _ A public noticed was posted on the project site on March 30, 2017. Required Measures Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on March 30, 2017. Newspaper posting was published in the Orange County Reporter on March 30, 2D17. The Downtown Neighborhood Association president was contacted by phone 10 Additional Measures days prior to the scheduled public hearing. At the time this report was printed, no issues of concern were raised re ardin this a iication. RIUM Conditional Use Permit No. 2017 -12 April 10, 2017 Page 5 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2017 -12. l0:jm to \Planning Commission\ 117W4thUnleigl \117W4thThePluaPress.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 SE avnEENnN " CT CI C5 _ 3 R] D11 11011 AR. P 3 Lam... --.-1 HIM P _ - P `� y0s5 9U.59 sr �rxsr UN2 UN 1 7 nT UNi AT GENERAL AGRICULTURAU DI DOWMOWN RE TWO FAMILY RESIDENCE .5 PARKING MOOINCATION -F FLOORAREARADO RE MULUPLEPAMILY RESIDENCE C -SM COMMERCIAL SOUTH MAIN GC GO4ERNMEFII CENTER RA 51 BURBAN APARTMENTS C,I COMMUNITY COMMERCIAL MI LIGHTINOUSTRIAL RE RESIOEMIAL ESTATE C 6MO COMM: COMMEROALIMU5EUM DISTRICT M3 HEAVY INDUS I RIAL 50 SPECIFIC DEVELOPMENT C2 GENERAL COMMERCIAL 0 OPENIRACE SP SPMSHC PLAN CA PLANNED SHOPPINGCT:MER P PROFESSION& TV TRANSITVILLAGF. C5 ARTERIALCOMMEPCIAL VPn PLANNED RE51OUITIALDEVELOPMENT UC URBAN CENTER CDR CORRIDOR RI SIMILE -FAMILY RESILIENCE UN-1 URBAN NEICNEORHCCDI CR COMMERCIAL THROW RAL UN-2 URBAN PIRCHRORHOOEI2 CUP 2017- 12 -RST t�! THE PIZZA PRESS -. 117 WEST FOURTH STREET, UNIT 101 -500 FEE7 , ^ =7owF&r P I. A N N I N G A N D B U L LD 1_ N G A G E N C Y EXHIBIT 1 VICINITY MAP 31 B -8 COURTHOUSE Ej SANTA ANA BOULEVARD COMMERCIAL PARKING GARAGE 5TH COMM. >- GOVERNMENT -K -ttt 0 IC M. 1= m w w a ¢ u ¢ u w w w h 0 0 V U w 0 U r V) I COMMERCIAL I I COMMERCIAL I STREET IAL 4TH STREET C 0 M ERCIAL 0 IAL OMME 1 Z z PARKING n ¢ fAL GARAGE Ov 3RD r nSTREET CUP 2017 -12 -RSA' THE PIZZA PRESS 117 WEST FOURTH STREET, UNIT 101 s-4" P L A N N I N G A N D B U I L D I N G A G E N C ,Y LAND USE MAP EXHIBIT 2 31 B -9 CU P- 2017- 12 -RST THE PIZZA PRESS ABC 117 WEST FOURTH STREET, UNIT 101 li EXHIBIT 4 31 B -11 -Z7 Nil C), F3 I-j El u n 1t 1 f - Yw ( 'Ok z �z 11 NUMM-1 31 B -12 LS 4.10.17 RESOLUTION NO. 2017 -14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017 -12 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT THE PIZZA PRESS RESTAURANT LOCATED AT 117 WEST FOURTH STREET, UNIT 101 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 -12 to allow an on- premise Alcoholic Beverage Control (ABC) license for the property located at 117 West Fourth Street, Unit 101. B. Santa Ana Municipal Code Section 41 -2007 (Table 2A) requires a conditional use permit for the sale of alcoholic beverages in the Transit Zoning Code /Specific Development No. 84 for on -site consumption of alcoholic beverages ancillary to the primary restaurant use. C. On April 10, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017 -12. 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 -12 to allow for the on- premise ABC license: 1. That the proposed use provides 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 Resolution No. 2017 -14 Page 1 of 5 31 B -13 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 not 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 The Pizza Press operates as a bona -fide restaurant. The site is located away from sensitive land uses, ensuring the health and safety of the persons residing or working 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. That the proposed use will not 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 sale of alcoholic beverages for on- premise consumption 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 The Pizza Press Restaurant, a fast casual dining establishment, to remain economically viable and contributes to the overall success of the Downtown. By bringing in a new use, the historic Rankin Building will continue to offer a variety of services to the public as it has since 1917. 4. That the proposed use complies 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 Resolution No. 2017 -14 Page 2 of 5 31B-14 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 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. That the proposed use not adversely affects 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 District Center (DC) 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. The Pizza Press Restaurant is located in a commercial area and its operations will be compatible with the surrounding commercial businesses in the Downtown. 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 -17 will be filed for this project. Resolution No. 2017 -14 Page 3 of 5 31 B -15 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. 2017 -12. 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 April 10, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10t' day of April, 2017 by the following vote: AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS -LEO, MCLOUGHLIN, MENDOZA, NGUYEN, VERINO (7) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney Lynnette Verino Chairperson 31 B -16 Resolution No. 2017 -14 Page 4 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No, 2017 -14 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 10, 2017. Date: Commission Secretary City of Santa Ana 31 B -17 Resolution No. 2017 -14 Page 5 of 5 31 B -18