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HomeMy WebLinkAbout31C - CUP = 2035 N MAIN STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: CONDITIONAL USE PERMIT NO. 2017 -13 TO UPGRADE AN EXISTING ON- PREMISE ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE GREEN PARROT VILLA LOCATED AT 2035 NORTH MAIN STREET - AARON MONTOYA, APPLICANT {STRATEGIC PLAN NO. 3,2) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _••:• _E ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2n0 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2017 -13. 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 -13 which approved an upgrade to an existing Alcoholic Beverage Control (ABC) license to allow the sale of distilled spirits for on- premise consumption at The Green Parrott Villa at 2035 North Main Street located in the Community Commercial - Museum District (C1 -MD) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION The operators of The Green Parrot Villa propose to upgrade their existing Type 41 ABC license to a Type 47 license and allow the sale of distilled spirits in addition to the beer and wine that is currently allowed to be sold. The alcoholic beverages will continue to be stored within a walk -in refrigerator and storage room within the kitchen area, as well as at a front service counter area adjacent to the reception area. The total storage and display areas will consist of less than two percent of the floor area. No other construction or expansion of square footage is proposed at this time. 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). 31 C -1 Conditional Use Permit No. 2017 -13 — The Green Parrott Villa at 2035 North Main Street May 2, 2017 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. P Hassan Ha ani, AlCP Executive Director Planning & Building Agency VF:rb vnreports \CUP \CUP17 -13 Green Parrot ABC= Exhibit: A. Planning Commission Staff Report 31 C -2 REQUEST O. PLANNING COMMISSION MEETING DATE: APRIL 10, 2017 TITLE: PUBLIC HEARING — FILED BY AARON MONTOYA FOR CONDITIONAL USE PERMIT NO. 2017 -13 TO UPGRADE AN EXISTING ON- PREMISE ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE GREEN PARROT VILLA LOCATED AT 2035 NORTH MAIN STREET (STRATEGIC PLAN NO. 3,2) Prepared by Vince Fre oso Ex utive 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 -13, Executive Summary Planning Manager Aaron Montoya, representing The Green Parrot Villa, is requesting approval of a conditional use permit (CUP) to upgrade an existing Type 41 ABC license to a Type 47 license and allow the sale of distilled spirits in addition to beer and wine for on- premise consumption at an existing eating establishment at 2035 North Main Street. Staff recommends approval of the request due to the site's location away from sensitive land uses, the operator's history of compliance with City codes, and regulations that will require the facility to operate as a bona -fide eating establishment. +,. item - information Pro ect Address 2035 North Main Street Nearest Intersection Main and Twentieth Streets General Plan Designation District Center (DC) Zoning Designation Community Commercial - Museum District (C1 -MD) Surrounding Land Uses North Commercial East Residential South Commercial West Bowers Museum Property Size _ 37,944 square feet (0.87 acres ) Existing Site Development The site contains the one - story, 3,900 - square foot structure which is occupied by The Green Parrot Villa. Two other buildings, a two - story, 4,225 square foot office building and a one- story, 4,300 Square foot office building, are also located on the site. Use Permissions Restaurant use is allowed by right; alcohol sales are allowed with approval of conditional use permit CUP Zoning Code Sections Affected Uses _ SAMC Section 41- 196(a) E-0 p, Standards _ SAMC Section 41 -196 (g)___ _ EX 3111 V-3 Conditional Use Permit No. 2017 -13 April 10, 2017 Page 2 Project Description The applicant proposes to upgrade an existing ABC license and allow the sale of distilled spirits in addition to the beer and wine that is currently allowed to be sold at The Green Parrot Villa. The alcoholic beverages will continue to be stored within a walk -in refrigerator and storage room within the kitchen area, as well as at a front service counter area adjacent to the reception area. The total storage and display areas will consist of less than two percent of the floor area. No other construction or expansion of square footage is proposed at this time. Table 2 :Ooerationat Standards Standards Re wired by SAMC Provjded Eatin EstablishmentT e Bona -Fide Complies Hours of Operation for ABC Sales 11.00 am to 12:00 am Alcoholic beverage sales will comply with the City's regulations that limit sales from 8:00 a.m. to 12;00 a.m. Window Display ,-_(midnight) 25 % of Window Coverage Complies Live Entertainment Entertainment Permit No Entertainment Pro osed Alcohol Storage and Disp ay $%o of G.F.A,__ Exterior Telephone Prohibited None Project Background The Green Parrot Villa is located within a commercial building that was constructed in 1959. Since its opening, the building has contained a variety of retail, commercial, office and art gallery uses. In 1998, Conditional Use Permit No. 1998 -05 was approved to allow a Type 41 ABC license at the Palm Court Cafe, The Cafe became The Green Parrot Villa in 2008 when the applicant purchased the restaurant. Similar to other restaurant facilities in the City, The Green Parrot Villa is proposing to sell distilled spirits in addition to beer and wine through a Type 47 Alcoholic Beverage Control (ABC) license as an ancillary component to its food sales. The restaurant will continue to provide occupancy for approximately 158 patrons. 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 C -4 Conditional Use Permit No. 2017 -13 April 10, 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 upgrade the existing on -sale ABC license. Since the proposed ABC license is intended to provide an added amenity to the facility and the sale of alcoholic beverages will be ancillary to the primary uses on site, staff recommends approval of the proposed CUP. The proposed sale of alcoholic beverages for on- premise consumption will not be detrimental to the health, safety, and welfare of the community. The Green Parrot Villa is located in a commercial district with commercial and public uses nearby. Since its opening approximately 20 years ago, the site has operated in compliance with City codes and regulations and has established itself as a business that provides a unique dining experience to the community, to the museum district, and to visitors of the City. The eating establishment with full alcoholic beverage service will enhance the economic viability of the area and create a more attractive dining opportunity for visitors and residents in the community. Similar to other restaurant venues in Santa Aria, The Green Parrot Villa intends to continue to offer a full- service experience with food and alcoholic beverage sales to its customers. The restaurant is located away from sensitive land uses such as schools and parks. Although residences are located directly east of the restaurant, the site has minimal impact on these properties due to their limited operating hours and a block wall that separates the restaurant from the residences. The restaurant will continue to operate in compliance with all applicable regulations and conditions imposed on a bona -fide public eating establishment pursuant to Chapter 41 of the SAMC. 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. The Green Parrot Villa proposes to provide an additional amenity as part of the restaurant operations by serving a complete menu of alcoholic beverages to guests and residents of the City. Table 3: Police Department Analvsis and Criteria for Recommendation Police Department Analysis and Criteria for Recommendation Police Grid No, and Police Grid No, 163; ranked 14 out of 103 Police Reporting Grids (13' Rank percentile) _ Threshold for High This reporting district is above the 20 percent threshold established by the State Crime for high crime, The Police Department contends that the operational standards applicable to Police Department on- premise ABC licenses and the operating history of the restaurant will Recommendation mitigate any potential impacts to the surrounding community and therefore does not oppose the granting of a CUP. 31 C -5 Conditional Use Permit No. 2017 -13 April 10, 2017 Page 4 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 alcohol consumption are mitigated to the greatest extent possible. 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 23945.4(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 the State ABC and Business and Professions Cade, 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. The Police Department has reviewed this application and is supportive of the ABC license upgrade. The historical lack of Police activity at the site, in conjunction with the operational standards applicable to this request, will mitigate any Police related concerns due to the ABC license upgrade. Table 4: CEQA. Strategic Plan Alignment and Public Notification & Community Outreach CEQA,Strate is Plan Alignment, and- Publiic'Notit cation & Community Outreach CEQA CEQA Type _Categorical Exemption -Section 15301 Reason(s) This Class 1 exemption allows the licensing of existing private structures and Exempt or Analysis 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. Categorical Exemption Environmental Review No. 2017 -21 will be filed for this project, Strategic Plan Alignment Goal(s) and Approval of this item supports the City's efforts to meet Goal No.3 (Economic Poilcy(s) Development) Objective No. 2 of creating new opportunities for businessljob growth and encourage private development through new General Plan and Zoning Ordinance policies. -- _ _ -- Public Notification &�Gommuraity iutreach � Required Measures A public noticed was posted on the project site on March 31, 2017. Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on March 31, 2017. Newspaper posting was published in the Orange County Reporter on March 31, 2017. _. The Santa Ana Triangle Neighborhood Association was contacted by phone on Additional Measures March 22, 2017 to identify any areas of concern due to the proposed ABC license upgrade. At the time this report was printed, no issues of concern were raised re arding this application. �,__�, __ 31 C -6 Conditional Use Permit No. 2017 -13 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 -11 Vince Fregoso, AICP Principal Planner VF jm AreportslCUMUPI7 -13 Green Parrot ABC.041017.pc Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Existing Land Use Map Exhibit 3 —Site Photo Exhibit 4 — Site /Floor Plan Exhibit 5 — Floor Plan Detail 31 C -7 p � MDI 11;11 A \l\R' Ri~• n, II I' p RI RI NI Al RI p v� ,v Rl. al m P �� P R24 az rsr Flt P: ❑ n¢ i [5 e 5P 3 SP Cl CI 1 F � SRd YPd E'A�3 n selRJi ic�Y 1 p7 1 sP s. 50.3 511-3 i y u s SP -3 R2 R2. �P RX s3 .M.`aP.3 El P R2 ;P 1 SP.] 7' SP -1 IYX R2 tlE P pi • RX,.. vxn iP -3 0��E P P ! SP -3 SP 3 54..3 5p al 'm R� fll Eff a Mi a MI «�• xL ¢ M2 Al CStl9ALACaCULTURAW CA COMMMALKSOWflAL m 9NGIPFAMWYRSDETRIAL .g PAWNGMODIRWON CC G104WI JTaNYM m T40 FAMILY RZ DENCE Cad CCMMEMALWUi MAIN Mt LUiTINDUSMAL F3 MULIIP.ED9MSTYMUCRIRP Ct COMMUNITYCOMMEROAL M7 HE*YINOUSMAL FAMRYImOHVCF_ CI-MD OOMM.0O3MM9i7AUMVMM DIMCI MO MILITAWOPEAARQNS m StIBUFWARIMRi5 C2 MWALCOMMBMAL 0 OMMCE FE RSOWALeMTE C3 CFNTFAL6USN6 p MFES90NAL ED SMRGD& 01WENT C.A CFN11YL6MNa;SAR6TNLIAGF fC0 FLANNEOCCMMUNIIYOLV30PMB4T w SWPCPAN CA PANN9]SA"N6CLN MD PANNHI R?10ENt1AL DLVE.OFM9 a AFFMALCOMMESCIAL CUP 2017-13 THE GREEN PARROTVILLA ABC LICENSE UPGRADE 2035 NORTH MAIN STREET - 500 FEET 1" -,000 FUET P L A N N I N G A N D B U_Il_D I N G A G_E N C Y EXHIBIT 1 VICINITY MAP 31 C -8 & THE GREEN PARROT VILLA ABC LICENSE UPGRADE �. 2035 NORTH MAIN STREET cw 14 ' �t C L ° P L A N N I N G A N D Q U I L D I N G A G F. R C Y LAND USE MAP EXHIBIT 2 31 C -9 o F F F I I c E OFFICE W 0 v � � w w w LL � � o � � z s �/1 -^ W W LL � LL ° s� y 6 q m 4 Y 9 w w v _ F ,L � W w LL LL Lr d y- PROJECT; � SITE _ o Ln s p z Q L w O � m W w v _ O LL J d = W LL LC Z _ Q o V < PARKING MOTEL FR RETAIL 20TH STREET RETAIL P R K I -0fi — EW OFFICE I & THE GREEN PARROT VILLA ABC LICENSE UPGRADE �. 2035 NORTH MAIN STREET cw 14 ' �t C L ° P L A N N I N G A N D Q U I L D I N G A G F. R C Y LAND USE MAP EXHIBIT 2 31 C -9 o F F F I I c E OFFICE W v � � w w w LL � � o � � w � �/1 -^ W W LL � LL y 6 m 4 Z 14 ' �t C L ° P L A N N I N G A N D Q U I L D I N G A G F. R C Y LAND USE MAP EXHIBIT 2 31 C -9 m e> -per 17 §�» : 2» w\ ©. ~ © »» � J ©~ » ©« » r«� ?:« I 0 5�426 vD,vfivviHv3 Wt - 901 M Vj VN-v V-i'q"v'-N ME ...... . . .... ,J. lllll� 15MVIN ILLUON I MQ SUVOOSW 1100 N110f NV],J 111G Ski v FFsa BIT 4 3fel i M I G. , O Itl 0 11 7'1111 103171Vd NIM9 Nvllj'�00-1� SaIVIJOSW TOD NNOF 0 ap 0 Lo ala 0 . .. . . ....... ....... i� La U= 11 E, 0 o 0-/ rn 0- CS LU EXHIBIT 5 31 C -12 LS 4.10.17 RESOLUTION NO. 2017 -15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017 -13 TO ALLOW AN UPGRADE OF AN EXISTING ON- PREMISE LICENSE FOR THE SALE OF ALCOHOLIC BEVERAGES AT THE PROPERTY LOCATED AT 2035 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. 2017 -13 to allow the upgrade of an existing Type 41 alcoholic beverage control license (beer and wine) to a Type 47 Alcoholic Beverage Control (ABC) license and also allow the on- premise sale of distilled spirits for the property located at 2035 North Main Street. 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. On April 10, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017 -13. D. 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. 2017 -13 to allow an upgrade to the existing on- premise ABC license: 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 upgrade of the ABC license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase a full range 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 Resolution No. 2017 -15 Page 1 of 4 31 C -13 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 upgrade 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 new negative or adverse impacts. This will primarily be a restaurant use and the addition of alcohol will be ancillary to the main use. Further, the restaurant has been operating at this location for approximately 20 years, with minimal Police related activity generated from the restaurant in the past, and only three minor calls for service in the past 12 months. 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 The Green Parrot Villa will increase the patronage to the restaurant and number of visitors to the location, thereby enhancing the profitability of the business and economic stability of the museum district area. Thus, the ABC license upgrade for The Green Parrot Villa will enhance the economic viability of the area. 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 two (2 %) 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. Resolution No. 2017 -15 Page 2 of 4 31C-14 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. The Green Parrot Villa'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 and museum related businesses. E. 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. Categorical Exemption Environmental Review No. 2017 -21 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. 2017 -13 for the project located at 2035 North Main Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Resolution No. 2017 -15 Page 3 of 4 31 C -15 Commission Action dated April 10, 2017, 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 April, 2017. AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS -LEO, MCLOUGHLIN, MENDOZA, NGUYEN, VERINO (7) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Lynnette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2017 -15 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 C -16 Resolution No. 2017 -15 Page 4 of 4