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HomeMy WebLinkAbout2 - 2531 S MAIN2-1 2-2 2-3 2-4 2-5 2-6 2-7 This page left blank intentionally. Resolution No. 2018-xx Page 1 of 8 LS 5.14.18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-34 AS CONDITIONED TO ALLOW THE HOURS OF OPERATION TO EXTEND TO 2:00 A.M., AND CONDITIONAL USE PERMIT NO. 2017-35 AS CONDITIONED TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AT MAIN SPORTS GRILL LOCATED AT 2531 SOUTH 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. Joseph M. Rodriguez (“Applicant”) is requesting approval of Conditional Use Permit No. 2017-34 as conditioned to allow the facility to operate until 2:00 a.m., and Conditional Use Permit No. 2017-35 as conditioned to allow the sale of beer, wine and distilled spirits for on-premises consumption at an existing eating establishment located at 2531 South Main Street. 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 March 12, 2018, the Planning Commission held a public hearing on Conditional Use Permit Nos. 2017-34 and 2017-35. The Planning Commission continued the matter to allow the Applicant time to comply with the Santa Ana Municipal Code (“SAMC”) and attend a Delhi neighborhood community meeting. E. On May 14, 2018, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time, considered all testimony, oral and written. EXHIBIT 1 2-8 Resolution No. 2018-xx Page 2 of 8 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. 2017-34 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 that of other restaurants in the area. The Santa Ana Municipal Code has established operation standards to mitigate any potential problems created by the after-hours operation that will not negatively impact the surrounding community, such as requiring a full suitable kitchen and provide 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. For example, the rear door is an exit-only door and no outdoor activities will be permitted that will disrupt the nearby residential land uses. These conditions are consistent with other eating establishments that have similar hours of operation and similar operational conditions. The after-hours conditions limit operations to indoor activities after the midnight hour, therefore 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 Main Sports Grill, an existing locally-owned restaurant, to remain economically viable and competitive with nearby full-service restaurants in the vicinity 2-9 Resolution No. 2018-xx Page 3 of 8 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 establishments 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 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 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. Main Sports Grill is located in a commercial area and its operations will be compatible with the surrounding commercial businesses. G. 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 Section 41-638, have been established for Conditional Use Permit No. 2017-35 to allow for the sale of alcoholic beverages for on-premises consumption: 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 sale of alcoholic beverages 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. Standards are applicable to the alcoholic beverage control license which will mitigate any potential 2-10 Resolution No. 2018-xx Page 4 of 8 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 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 guests and provide a one-stop dining experience to its visitors. Moreover, the offering of alcoholic beverages will allow Main Sports Grill 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 standards 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. 2-11 Resolution No. 2018-xx Page 5 of 8 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. Main Sports Grill is located in a commercial building and its operations will be compatible with the surrounding commercial businesses. H. 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 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. 2017-34 and Conditional Use Permit No. 2017-35, both conditioned as set forth in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 14, 2018, and exhibits attached thereto all of which are incorporated herein by this reference. 2-12 Resolution No. 2018-xx Page 6 of 8 ADOPTED this 14th day of May, 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 May 14, 2018. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 2-13 Resolution No. 2018-xx Page 7 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit Nos. 2017-34 and 2017-35 Conditional Use Permit No. 2017-34 to allow after-hours operation until 2:00 a.m. and Conditional Use Permit No. 2017-35 to allow the sale of alcoholic beverages for on- premises consumption at 2531 South Main Street.are 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 these conditional use permits. The Applicant must remain in compliance with all conditions listed below throughout the life of each conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1.CUP No. 2017-35 allows alcoholic beverage sales for on-premises consumption at a “Bona Fide Public Eating Place.” Any “Public Premises” Alcoholic Beverage Control (ABC) license owned by the Applicant, tenant, successor in interest, and/or property owner may not be operated at the subject site. 2.Any and all existing or new lighting on the building’s exterior must be maintained in good working order. 3.All exterior lightning will be directed towards the restaurant and/or sidewalk and not towards other properties. 4.Prior to release of the Alcohol Beverage Control (ABC) license, the Applicant shall construct a trash/recycling enclosure on-site in full compliance with all applicable current City standards and shall obtain a sign permit for any on-site signage. 5.Onsite landscaping shall be maintained in accordance with all applicable SAMC and Citywide Design Guideline requirements at all times. 6.CUP Nos. 2017-34 and 2017-35 shall be reviewed after one (1) year, at which time a memo shall be prepared for the Planning Commission detailing any and all code enforcement and/or Police Department (PD) activity on-site. 7.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 2-14 Resolution No. 2018-xx Page 8 of 8 ordered at various hours of the day in order to maintain an on-premises Alcoholic Beverage Control license for an eating establishment. 8.The rear door will be an exit-only door and no outdoor activities are permitted. 9.Prior to release of the Alcohol Beverage Control (ABC) license, the Entertainment permit application for the restaurant shall be approved. 2-15 CUP No. 2017-34 AND CUP No. 2017-35 MAIN SPORTS GRILL (Front/West Elevation) 2531 SOUTH MAIN STREET Exhibit 2 2-16 CUP No. 2017-34 AND CUP No. 2017-35 MAIN SPORTS GRILL (Rear/East Elevation) 2531 SOUTH MAIN STREET Exhibit 3 2-17 1/4/2018 . http://apps.spatialstream.com/production/dashboard/8/8/2/CurrentBuild//html/Reporting.html 1/1 CUP 2017-34 & 2017-35 Main Sports Grill2531 South Main Street Exhibit 3 - Vicinity Zoning and Aerial View © 2018 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 2-18 CUP No. 2017-34 AND CUP No. 2017-35 MAIN SPORTS GRILL 2531 SOUTH MAIN STREET Exhibit 5 2-19 CUP No. 2017-34 AND CUP No. 2017-35 MAIN SPORTS GRILL 2531 SOUTH MAIN STREET Exhibit 6 2-20 2-21 2-22 2-23 2-24 2-25 2-26 2-27 2-28 Exhibit 8 - Site Chronology • June 1973- Subject building constructed. • August 1973- The Bobkin Bar opens for business. • May 1975- The Bobkin begins offering beer, wine, and distilled spirits through a Type 48 Alcoholic Beverage Control (ABC) license (public premise/bar). • March 1982- ABC license exchanged from a Type 48 to a Type 47 (beer, wine and distilled spirits with food sales). • April 1985- ABC license returned to a Type 48. • March 1991- Lalo’s Place begins operation. • May 2007- The Bobkin reopens. • July 2008 - The Bobkin vacates the premise, although Business License records indicate that business license fees continue to be paid. • November 2016-An illegal marijuana dispensary is reported at the subject location. • November 2016- First notice of violation issued to illegal marijuana dispensary. • February 2017- Second notice of violation issued to illegal marijuana dispensary. • May 2017- The Bobkin cancels ABC license Type 48. • May 2017- Elizabeth Helguero signs commercial lease agreement to occupy the subject building. • June 2017- Main Sports Grill restaurant begins operation without required City permits. • August 2017- Third notice of violation issued to illegal marijuana dispensary. • December 2017- Conditional use permit applications submitted for Main Sports Grill. • January 2018- City and State staff conduct site visits and discovers the restaurant is open for business and selling alcoholic beverages without required City permits. • January 2018- Main Sports Grill certificate of occupancy application is submitted. Pending occupancy inspection, restaurant closes for business. 2-29 •January 2018- An application for a Category 4 Entertainment Permit is submitted for review. •February 2018- Elizabeth Helguero submits building permit applications to construct a new trash and recycling enclosure, restripes the parking lot, landscapes and removes all debris from subject site. •March 2018- Planning Commission first public hearing held; item continued until further date pending a list of additional information requested by Commissioners as outlined in Table 3. •March 2018- Main Sports Grill restaurant applies for a Type 47 ABC license. The Type 48 ABC license will need to be surrendered or canceled to comply with all Santa Ana Municipal Code regulations. 2-30 2-31 Exhibit 10 – Community Meeting Notes The applicant’s representatives attended a Delhi neighborhood community meeting at the Delhi Community Center on April 4, 2018 where the applicant’s representatives presented the project and received feedback from the community. Approximately 20 residents and business owners attended the meeting. The questions and comments of those in attendance are outlined below, with information on how the project was revised to address concerns. 1.Will the business only cater to adults? The business will cater to all age groups and provide a family environment for everyone to attend. 2.Is the proposed business a restaurant or a bar? The proposed business will operate as a restaurant and is requesting an ABC license to sell alcoholic beverages for on-premise consumption (Type 47 – beer, wine, and distilled spirits) that requires food sales. 3.Will the business have a security guard during business hours? If so, will this security guard carry a concealed weapon? A security guard will be on site at all times during business hours and will only carry a taser, pepper spray, and handcuffs. 4.The rear portion of the building will become a nuisance to the adjacent single family residence and cause an increase in vehicle trips. The rear door of the business will only be an emergency exit and all patrons of the business will enter and exit from Main Street. Additional security cameras have been placed throughout the property to deter any public nuisance to the adjacent neighbors. 5.Concern about perceived public drinking and driving in the neighborhood. A request was made that the business owner help limit the number of drinks a patron may purchase to prevent patrons from being inebriated. Applicant clarified their track record with El Conejo Feliz in the city of Anaheim and stated they are committed to monitoring and ensuring the safety of the customers and neighborhood. 2-32 Exhibit 10 – Community Meeting Notes The applicant’s representatives attended a Delhi neighborhood community meeting at the Delhi Community Center on April 4, 2018 where the applicant’s representatives presented the project and received feedback from the community. Approximately 20 residents and business owners attended the meeting. The questions and comments of those in attendance are outlined below, with information on how the project was revised to address concerns. 1. Will the business only cater to adults? The business will cater to all age groups and provide a family environment for everyone to attend. 2. Is the proposed business a restaurant or a bar? The proposed business will operate as a restaurant and is requesting an ABC license to sell alcoholic beverages for on-premise consumption (Type 47 – beer, wine, and distilled spirits) that requires food sales. 3. Will the business have a security guard during business hours? If so, will this security guard carry a concealed weapon? A security guard will be on site at all times during business hours and will only carry a taser, pepper spray, and handcuffs. 4. The rear portion of the building will become a nuisance to the adjacent single family residence and cause an increase in vehicle trips. The rear door of the business will only be an emergency exit and all patrons of the business will enter and exit from Main Street. Additional security cameras have been placed throughout the property to deter any public nuisance to the adjacent neighbors. 5. Concern about perceived public drinking and driving in the neighborhood. A request was made that the business owner help limit the number of drinks a patron may purchase to prevent patrons from being inebriated. Applicant clarified their track record with El Conejo Feliz in the city of Anaheim and stated they are committed to monitoring and ensuring the safety of the customers and neighborhood. 2-33