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HomeMy WebLinkAboutRESO 2019-48_1602 E FIRST STREET (TYPE 47)LS 12.9.19 RESOLUTION NO. 2019-48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-34 AS CONDITIONED TO ALLOW THE SALE OF BEER, WINE AND DISTILLED SPIRITS FOR ON -PREMISES CONSUMPTION AT THE PLACE BANQUET HALL LOCATED AT 1602 EAST FIRST 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. Oscar Ramirez ("Applicant"), representing The Place Banquet Hall, is requesting approval of Conditional Use Permit No. 2019-34 to allow the sale of beer, wine and distilled spirits for on premises consumption for the property located at 1602 East First Street. B. Santa Ana Municipal Code Section 41-196 requires approval of a conditional use permit for establishments selling alcoholic beverages for on- or off -premises consumption. C. On November 12, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-34. The matter was continued to December 9, 2019 to allow the banquet hall's operators, surrounding property owners, and City staff to meet and address any impacts from the banquet hall's operations. D. The banquet hall's operators, surrounding property owners, and the City met on November 22, 2019 and agreed to several additional conditions of approval intended to further minimize the banquet hall's impacts on surrounding properties. E. On December 9, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-34. 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. 2019-34 to allow the sale of beer, wine and distilled spirits for on -premises consumption at The Place Banquet Hall at 1602 East First Street: Resolution No. 2019-48 Page 1 of 8 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 sale of alcoholic beverages for on -premises consumption at this location will provide an ancillary service to the restaurant and banquet facility customers by allowing them the ability to purchase or serve alcohol with their meal. This will thereby benefit the community by providing the restaurant and banquet facility with an additional and complementary food related amenity. Operational standards applicable to the alcoholic beverage control license 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 alcoholic beverages for on -premises consumption at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the operational standards applicable to the alcoholic beverage control license will address any potential negative or adverse impacts created by the use. The Place Banquet Hall is a bona -fide restaurant and banquet facility and the addition of alcohol will be ancillary to the main use. All of the operational standards identified in SAMC Sec. 41-196 will apply to this establishment. Finally, the sale of alcohol in the restaurant and service during banquet events will be incidental to the primary use as a bona fide 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 The Place Banquet Hall to remain economically viable and competitive with other banquet halls in the City and contribute to the overall success of the City of Santa Ana, attracting visitors and residents to the area. Resolution No. 2019-48 Page 2 of 8 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed conditional use permit will be in compliance with all applicable regulations and operational standards imposed on a restaurant selling alcoholic beverages for on - premises consumption pursuant to Chapter 41 of the SAMC. The facility will be maintained as a full -service, bona -fide eating establishment and banquet facility, 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 sale of alcoholic beverages for on -premises consumption at this location will not adversely affect the General Plan or any specific 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. The restaurant with ancillary sales of alcoholic beverages will provide another dining option residents and visitors, and the banquet facility with ancillary sales of alcoholic beverages provides a venue that can be rented by 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 and the property maintenance agreement will help maintain a safe and attractive environment in the neighborhood. Policy 5.5 of the Land Use Element encourages development that is compatible with and supports surrounding land uses. The Place Banquet Hall is located within a commercial zone and its operations are compatible with the surrounding commercial businesses. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, 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 Resolution No. 2019-48 Page 3 of 8 environment. The project proposes to allow the on -premises sale of alcoholic beverages at a full -service restaurant and minor interior tenant improvements. 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 new expansion of the existing building is proposed. Based on this analysis, a Notice of Exemption, Environmental Review No. 2019-97, will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-34 as conditioned in Exhibit A, attached hereto and incorporated herein, for the alcoholic beverage control license for the sale of alcohol for on -premises consumption for the project located at 1602 East First Street. 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 December 9, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. *Signature page follows* Resolution No. 2019-48 Page 4 of 8 ADOPTED this 9th day of December, 2019. AYES: Commissioners: CONTRERAS-LEO, GARCIA, MCLOUGHLIN, RIVERA (4) NOES: Commissioners: NGUYEN (1) ABSENT: Commissioners: CANO (1) ABSTENTIONS: Commissioners: vel'>q e"=� M k McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 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. 2019-48 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 9, 2019. Date: Commission Secretary City of Santa Ana Resolution No. 2019-48 Page 5 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-34 Conditional Use Permit No. 2019-34 for on -premise consumption of alcoholic beverages is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code (SAMC), 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. All proposed site improvements must conform to Development Project Review (DP No. 2019-20) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. At all times, the banquet facility shall be in compliance with the operational standards for banquet facilities found in Santa Ana Municipal Code Section 41- 199.1. 4. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding the requirement that music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 5. There shall be no amplified music heard outside the building. 6. The establishment shall comply with Santa Ana Municipal Code Section 18-312 related to exterior noise. 7. Prior to the issuance of a certificate of occupancy the non -conforming projecting sign shall be removed/demolished. 8. The Applicant shall construct, at his or her sole expense, a solid wall or barrier in full compliance with Santa Ana Municipal Code requirements in the following locations: a. On the western property line extending from the project frontage at First Street to the first driveway between the subject property and the adjacent property to the west, including a gate across said driveway; and Resolution No. 2019-48 Page 6of8 b. On the eastern property line extending from the project frontage at First Street to the first edge of the subject building, and sealing any gap between the wall, building, and adjacent property to the west. 9. The Applicant shall provide a schedule of events at the banquet hall every two months to the property owner(s) and occupant(s) of the properties to the east and west of the subject site. 10. CUP Nos. 2019-33, 2019-34, and 2019-35 shall be reviewed for conformance to Santa Ana Municipal Code operational standards and conditions of approval after six (6) months of issuance of certificate of occupancy. Should the review determine non-compliance with Santa Ana Municipal Code operational standards and conditions of approval, said CUPs shall be set for public hearing at the Applicant's sole expense for reconsideration of conditions of approval and/or reconsideration of the CUPs. 11. Prior to the issuance of a certificate of occupancy, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom Resolution No, 2019-48 Page 7 of 8 fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 12. Prior to the issuance of a building permit submit plans to the Public Works Agency that demonstrate: a. Appropriate back flow preventer for fire services, and domestic and landscape water meter to be installed per the grading and street improvement plans; b. Installation of all public utilities required to service the project site (i.e., new sewer lateral); c. Safe and efficient access of trash vehicles to trash receptacles; I. The project shall comply with all requirements specified in SAMC Sec. 16- 37. ii. All driveway and staging areas must be able to sustain a minimum gross weight of 60,000 lbs. per vehicle. iii. Maximum size of bin shall be 4 cubic yards. iv. Depict the trash trucks' turning radius at all proposed internal corners. v. Provide complete circulation for trash trucks, backing up into the streets is not allowed for safety reasons. d. Approval letter for service and acceptable site circulation obtained from Waste Management Resolution No. 2019-48 Page 8 of 8