HomeMy WebLinkAboutRESO 2017-37_305 E 4TH STREETLS 11.13.17
RESOLUTION NO. 2017-37
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING MODIFICATION
TO CONDITIONAL USE PERMIT NO. 2016-05 AS
CONDITIONED TO ALLOW THE SALE OF ALCOHOLIC
BEVERAGES FOR ON -PREMISE CONSUMPTION AT
KIYOMIZU RESTAURANT LOCATED AT 305 EAST
FOURTH STREET, SUITES 104 AND 105
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. On April 11, 2016, the Planning Commission approved Conditional Use
Permit (CUP) 2016-05 and CUP 2016-15 for a Type 41 alcoholic beverage
control license allowing the sale and on -premise consumption of beer and
wine and for the afterhours operations at Kiyomizu restaurant located at 305
E. Fourth Street, Suite 105.
B. Leonard Chan ("Applicant'), representing East End Realty Partners LP., is
requesting approval of modification to Conditional Use Permit No. 2016-05
to allow the sale of beer, wine and distilled spirits, for on -premise
consumption for the property located at 305 East Fourth Street, in both
Suites 104 and 105.
C. Santa Ana Municipal Code Section 41-196 requires approval of a
conditional use permit for establishments wishing to sell alcohol for on- or
off -premise consumption.
D. On November 13, 2017, the Planning Commission held a duly noticed
public hearing on modification to Conditional Use Permit No. 2016-05.
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 modification to Conditional Use Permit No. 2016-05
to allow the 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
community.
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The proposed sale of distilled spirits with the current beer and
wine for on -premise consumption at this location will provide
an ancillary service to the restaurant's customers by allowing
them the ability to purchase a variety of alcoholic beverages
with their meal. This will thereby benefit the community by
providing a restaurant with an additional and complementary
food related amenity. Conditions of approval and operational
standards apply 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 sale of distilled spirits, in addition to beer and
wine, for on -premise consumption at this location will not be
detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity because
conditions of approval and operational standards applicable
to the alcoholic beverage control license will address any
potential negative or adverse impacts created by the use.
Kiyomizu is primarily a restaurant use and the addition of
alcohol will be ancillary and to the main use ensuring that the
establishment operates as a bona -fide restaurant. All of the c
operational standards identified in SAMC 41-196 will apply to
this establishment. 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 offer a full
selection of alcoholic beverages for sale to their customers.
Moreover, the offering of alcoholic beverages will allow
Kiyomizu restaurant to remain economically viable and
compete with nearby full-service restaurants in the local
vicinity and contributes to the overall success of the City of
Santa Ana and its downtown area.
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use.
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The proposed alcohol beverage control license and
conditional use permit will be in compliance with all applicable
regulations and operational standards imposed on a
restaurant selling alcoholic beverages for on -premise
consumption pursuant to Chapter 41 of the SAMC. The
facility will be maintained as a full-service, bona -fide eating
establishment, having suitable kitchen facilities and supplying
an assortment of foods. Additionally, the restaurant will utilize
less than five (5%) percent of the gross floor area for display
and storage of alcoholic beverages, 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 sale of alcoholic beverages 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 provide
alcoholic beverages as part of their menu offers additional
dining options for Santa Ana residents and visitors.
Furthermore, 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. Kiyomizu is located in
downtown Santa Ana and its operation is compatible with the
surrounding commercial businesses.
Section 2. 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
and conduct minor interior alterations to an existing building. There is no reasonable
possibility that the project will have a significant effect on the environment due to the
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facility having the necessary infrastructure to operate the proposed use and no new
expansion of the existing building is proposed.
Section 3. 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 4. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves modification to Conditional Use Permit No. 2016-05
as conditioned in Exhibit "A" attached hereto and incorporated herein for the project
located at 305 East Fourth Street, Suites 104 and 105. 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 13, 2017, and exhibits
attached thereto; and the public testimony, written and oral, all of which are
incorporated herein by this reference.
ADOPTED this 13" day of November, 2017.
AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS-LEO,
MCLOUGHLIN, MENDOZA, NGUYEN (6)
NOES: Commissioners:
ABSENT: Commissioners: VERINO (1)
ABSTENTIONS: Commissioners:
MakVcLoughlin
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Lisa Storck
Assistant City Attorney
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached
Resolution No. 2017-37 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on November 13, 2017.
Date:
u-e—
Commission Secretary
City of Santa Ana
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EXHIBIT A
Conditions for Approval for Modification to Conditional Use Permit No. 2016-05
Modification to Conditional Use Permit No. 2016-05 for a restaurant located at 305 East
Fourth Street, Suites 104 and 105 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 sales, service, and consumption of alcoholic beverages shall be permitted only
between the hours of 8:00 a.m. and 2:00 a.m. unless otherwise amended by the
granting of a conditional use permit for after-hours operations and shall operate in
accordance to the operational standards for on -sale establishments pursuant to
Section 41-196(g) of the SAMC.
2. All activities shall be conducted inside the building. In the event the applicant wishes to
provide outdoor dining, the applicant shall submit plans to the Planning Division for
review after which the Planning Manager will determine if administrative relief is
available or if the project must be reviewed by the Planning Commission to properly
consider safety, health, and use adjacency issues.
3. Prior to exercising the rights of this permit, the applicant shall submit tenant
improvement plans to the Planning Commission for review and approval.
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