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HomeMy WebLinkAbout2- CUP18-03 AND 18-042-1 2-2 2-3 2-4 2-5 This page left blank intentionally. Resolution No. 2018-xx Page 1 of 7 LS 4.9.18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-03 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AND CONDITIONAL USE PERMIT NO. 2018-04 AS CONDITIONED TO ALLOW THE HOURS OF OPERATION TO EXTEND FROM 12:00 A.M. TO 2:00 A.M., AT FATHER’S BURRELL BBQ PIT LOCATED AT 1810 AND 1812 NORTH TUSTIN AVENUE 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. Andrea Maloney (“Applicant”) representing Father’s Burrell BBQ Pit is requesting approval of Conditional Use Permit No. 2018-03 to allow the sale of beer, wine and distilled spirits for on-premises consumption, and Conditional Use Permit No. 2018-04 to allow the hours of operation to extend from 12:00 a.m. to 2:00 a.m. at an eating establishment located at 1810 and 1812 North Tustin Avenue. B. Santa Ana Municipal Code Section 41-365.5(f) requires a conditional use permit for any eating establishment open any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption that is ancillary to the primary restaurant use. D. On April 9, 2018, the Planning Commission held a duly noticed public hearing on Conditional Use Permit Nos. 2018-03 and 2018-04. 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. 2018-03 to allow for the alcoholic beverage control license for the sale of alcoholic beverages for on-premises consumption: EXHIBIT 1 2-6 Resolution No. 2018-xx Page 2 of 7 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 alcoholic beverage control license for on- premises 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 food. This will thereby benefit the community by providing a restaurant with an additional and complementary food-related amenity. Section 41-196 (g) of the Santa Ana Municipal Code has established operational standards that 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 alcoholic beverage control license for the sale of alcoholic beverages for on-premises consumption at this location will not be detrimental to those living or working in the area 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 beer, wine and distilled spirits for sale to their customers and provide a one-stop dining experience to its visitors. Moreover, the alcoholic beverage control license will allow Father’s Burrell BBQ Pit 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. 2-7 Resolution No. 2018-xx Page 3 of 7 The proposed project will be in compliance with all applicable regulations and conditions imposed on an eating establishment selling alcoholic beverages for on-premises 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 eating establishment will utilize less than five (5) percent of the gross floor area for the display and/or 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-premises 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 offer alcoholic beverages on their menus 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. Father’s Burrell BBQ Pit is located in a commercial building and its operations will be compatible with the surrounding commercial 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. 2018-04, as conditioned, to allow the after-hours operation until 2:00 a.m.: 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 after-hours operations will provide an additional amenity 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 other restaurants in the area. The Santa Ana Municipal Code has established operational standards to mitigate any potential problems created by the after-hours operation that will not negatively impact the surrounding 2-8 Resolution No. 2018-xx Page 4 of 7 community, such as requiring suitable kitchen facilities and the provision of exterior lighting in compliance with police department requirements. 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 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, thereby 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. Moreover, the offering of after-hours will allow Father’s Burrell BBQ Pit, to remain economically viable and competitive 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 an eating establishment operating after-hours pursuant to Chapter 41 of the Santa Ana Municipal Code. The establishment will contain the necessary equipment to qualify as a bona fide eating establishment, and operational standards applicable to the proposed after-hours 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 2-9 Resolution No. 2018-xx Page 5 of 7 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. Father’s Burrell BBQ Pit is located in a commercial area 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 after-hours operation and the on-premises sale of alcoholic beverages at a full-service restaurant within an existing structure. 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. 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. 2018-03 for the alcoholic beverage control license and Conditional Use Permit No. 2018-04 to allow the after-hours operation, 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 April 9, 2018, and exhibits attached thereto all of which are incorporated herein by this reference. 2-10 Resolution No. 2018-xx Page 6 of 7 ADOPTED this 9th day of April, 2018 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 9, 2018. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 2-11 Resolution No. 2018-xx Page 7 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2018-04 Conditional Use Permit No. 2018-04 to allow the after-hours operation 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 below prior 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. Any and all existing or new lighting on the building’s exterior mu st be maintained in good working order. 2. All exterior lighting will be directed towards the restaurant and/or sidewalk and not towards other properties. 3. Prior to finalizing the building permits, the Applicant shall restripe the parking lot and construct a trash/recycling enclosure on-site in full compliance with all applicable current City standards, including any and all required permits. 4. 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 in order to maintain an On-Sale Eating Establishment Alcoholic Beverage Control license. 2-12 This page left blank intentionally. 3/19/2018 . http://apps.spatialstream.com/production/dashboard/8/8/2/CurrentBuild//html/Reporting.html#1/1 CUP Nos. 2018-03 & 2018-04, "Father's Burrell BBQ Pit"1810 & 1812 North Tustin Avenue Exhibit No. 2- General Vicinity and Existing Land Use Map © 2018 Digital Map Products. All rights reserved. 2016 Aerial Santa Ana Boundary Zoning 250 feet 2-13 CUP Nos. 2018-03 and 2018-04 FATHER’S BURRELL BBQ PIT 1810 NORTH TUSTIN AVENUE SITE PHOTO EXHIBIT NO. 3 3/ 0 8 / 2 0 1 8 2-14 2 - 1 5 2 - 1 6