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HomeMy WebLinkAboutRESO 2019-51_207 W 2ND STREET UNITS & BLS 12.9.19 RESOLUTION NO, 2019-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-39 AS CONDITIONED TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR ON -PREMISES SALE AND CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS FOR AN EXISTING BANQUET FACILITY LOCATED AT 207 WEST SECOND STREET, UNITS A AND B 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. Ted Flati, representing Mastroianni Family Enterprises LTD (dba Jay Catering) ("Applicant"), is requesting approval of Conditional Use Permit No. 2019-39 to allow the sale of alcoholic beverages for on -premises consumption at an existing banquet facility located at 207 West Second Street, Unit A, which will be expanding into the adjacent tenant space located at 207 West Second Street, Unit B. B. On October 28, 2013, the Planning Commission adopted Resolution No. 2013-24 approving Conditional Use Permit Nos. 2013-12, 2013-13 and 2013-14 to allow a Type 47 Alcoholic Beverage Control (ABC) license for the on -premises sale and consumption of beer, wine, and distilled spirits, after-hours operations and to allow a banquet use at a newly proposed restaurant located at 207 West Second Street, Unit A. C. Pursuant to Section 41-647 of the Santa Ana Municipal Code (SAMC), a conditional use permit approved in accordance with the procedures and considerations as provided in the SAMC, automatically becomes void after two years from the effective date of such approval when the owner fails to institute an action to erect, build, alter, move or maintain the use of the property as specified in the terms and conditions of the conditional use permit. D. By October 28, 2015, the applicant for Conditional Use Permit No. 2013- 12 had not obtained an Alcoholic Beverage Control license with the State. Therefore, Conditional Use Permit No. 2013-12 automatically became null and void. E. Santa Ana Municipal Code Section 41-196 requires approval of a conditional use permit for establishments wishing to sell alcohol for on - premises consumption. Resolution No. 2019-51 Page 1 of 9 F. On December 9, 2019, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2019-39. 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 ("SAMC") Section 41-638, have been established for Conditional Use Permit No. 2019-39 to allow 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 community.. The existing banquet facility has previously provided alcoholic beverages for on -premises consumption at 207 West Second Street, Unit A. The proposed expansion into the adjacent tenant suite (Unit B) will allow the banquet facility to meet Alcoholic Beverage Control's requirements of having a full and functional kitchen. This will also facilitate the operation of the banquet facility making the customer experience more pleasing by allowing the continuation of on -premises sale and consumption of beer, wine and distilled spirits. In addition, the proposed sale of alcoholic beverages for on -premises consumption at this location will provide an ancillary service to the banquet facility's customers. This will thereby benefit the community by providing a banquet facility in the City with an additional and complementary 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 subject site contains an existing banquet facility that has been in operation since 2013 and which has provided banquet and catering services approximately 70 to 100 times per year. In addition, the existing banquet facility has provided alcoholic beverages at the events by obtaining a daily alcoholic permit through ABC. Since 2013, the City has not received any complaints or issued any notice of violations to the operator. Furthermore, the subject site is not located within immediate proximity to parks, playgrounds, schools, or religious institutions. In addition, the building is located approximately 130 feet away from the nearest multi- family residences and approximately 600 feet from the Resolution No. 2019-51 Page 2 of 9 nearest single-family residences. All applicable operational standards identified in SAMC Sec. 41-196 will apply to this establishment. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use, which is a banquet facility. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The Estate on Second Street restaurant has been in operation for 6 years of 207 West Second Street, Unit A. Since 2013, Jays Catering has provided banquet and catering services for private, corporate clients and weddings at this location, approximately 70 to 100 times per year. The use has included sales of alcoholic beverages at events by obtaining a daily alcohol permit through Alcoholic Beverage Control. The proposed expansion will not adversely affect the economic stability of the area, but will instead allow the banquet facility to provide a full and functional kitchen at the site. Moreover, the expansion into the adjacent tenant space and the sale of alcoholic beverages will allow the business to remain economically viable and compete with nearby full - service establishments in the local vicinity and contribute to the overall success of the City of Santa Ana, 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 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 -premises consumption at this location will not adversely affect the - General Plan or any specific plan. The granting of this Resolution No. 2019-51 Page 3 of 9 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 uses (catering and banquet facility) that offer alcoholic beverages as part of their service provides a general well being to the neighborhood as it provides dining banquet facility options for Santa Ana residents and visitors in a much needed area of the city. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Applicable 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 Estate on Second is located within the downtown district and its operation will be 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 15301 — Class 1 (Existing Facilities). The request for a conditional use permit for a Type 47 alcoholic beverage control (ABC) license consists of the permitting or minor alteration of an existing private structure involving negligible or no expansion of the use beyond that existing at the time of the lead agency's determination. The project proposes to allow the operation of an alcoholic beverage control license for the sale and on -premises consumption of beer, wine and distilled spirits at an existing banquet facility. Therefore, 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. 2019-106 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, and other and 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 Resolution No. 2019-51 Page 4 of 9 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. 2019-39 as conditioned for the alcoholic beverage control license for the sale of alcoholic beverages for on - premise consumption for the project located at 207 West Second Street, Units A and B, as conditioned 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 December 9, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 9th day of December, 2019. AYES: Commissioners: CONTRERAS-LEO, GARCIA, MCLOUGHLIN, NGUYEN, RIVERA (5) NOES: Commissioners: ABSENT: Commissioners: CANO (1) ABSTENTIONS: Commissioners: Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa torck Assistant City Attorney Resolution No. 2019-51 Page 5 of 9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2019-51 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 9, 2019. Gj c Date: / I 1 �_ Commission Secretary City of Santa Ana Resolution No. 2019-51 Page 6 of 9 Conditions of Approval for Conditional Use Permit Nos. 2019-39 Conditional Use Permit No. 2019-39 for on -premises 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, 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. 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. 2. The sales, service, and consumption of alcoholic beverages shall be permitted in accordance with the applicable operational standards for on -sale establishments pursuant to Section 41-196(g) of the SAMC and in accordance with the provisions of an on -sale license by the State Alcohol Beverage Control Board (ABC). 3. The sales, service, and consumption of alcoholic beverages shall be limited from 8:00 a.m. and 2:00 a.m., Monday through Sunday, pursuant to Section 41-688 of the Santa Ana Municipal Code and pursuant to Conditional Use No. 2013-13 adopted Resolution No. 2013-24 allowing after-hours operations at 207 West Second Street, Unit A. 4. Conditional Use Permit Nos. 2013-13 and 2013-14 to allow after-hours operations and to allow a banquet use at 207 West Second Street, Unit A, approved on October 28, 2013, through Resolution No. 2013-23 shall not expanded onto 207 West Second Street, Unit B, without prior review and approval of a conditional use permit by the Planning Commission. 5. 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. 6. Within 60 days of adoption of this resolution, 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 Resolution No. 2019-51 Page 7 of 9 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 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 Resolution No. 2019-51 Page 8 of 9 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; and 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. Resolution No. 2019-51 Page 9 of 9 V �