HomeMy WebLinkAboutRESO 2021-11_305 E 4TH STREET UNIT 200jmf 5-3-21
Resolution No. 2021-11
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RESOLUTION NO. 2021-11
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING A MODIFICATION
TO CONDITIONAL USE PERMIT NO. 2013-15 AS
CONDITIONED TO ALLOW THE SALE OF DISTILLED
SPIRITS FOR ON-PREMISES CONSUMPTION IN
ADDITION TO BEER AND WINE AT NATIVE SON
ALEHOUSE LOCATED 305 EAST FOURTH STREET, UNIT
200
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. Jonathan Sanchez, business owner of Native Son Alehouse (“Applicant”),
on behalf of East End Realty Partners, LP (“Property Owner”), is
requesting approval of Conditional Use Permit (CUP) No. 2013-15
Modification (MOD) No. 1 to allow the sale of distilled spirits for on-
premises consumption in addition to beer and wine at an existing
restaurant located 305 East Fourth Street, Unit 200.
B. Santa Ana Municipal Code (SAMC) Sections 41-196 and 41-2007 require
approval of a CUP for establishments wishing to sell alcohol for on-
premises consumption.
C. On August 26, 2013, the Planning Commission adopted Resolution No.
2013-14 approving CUP No. 2013-15 allowing the sale of beer and wine
for on-premises consumption at 305 East Fourth Street, Unit 200.
D. On May 10, 2021, the Planning Commission held a duly noticed public
hearing on CUP No. 2013-15-MOD-1.
E. The Planning Commission determines that the following findings, which
must be established in order to grant a CUP pursuant to SAMC Section
41-638, have been established for CUP No. 2013-15-MOD-1 to allow the
sale of distilled spirits for on-premises consumption in addition to beer and
wine at 305 East Fourth Street, Unit 200:
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 sale of distilled spirits for on-premises consumption in
addition to beer and wine will provided an ancillary service to
the restaurant’s customers by allowing them the ability to
purchase alcoholic beverages with their meal. This will
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thereby benefit the community by providing a restaurant with
an additional and complementary food related amenity.
Operational standards applicable to the alcoholic beverage
control (“ABC”) license and conditions of approval will
mitigate any potential impacts created by the use and will
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 sale of distilled spirits for on-premises consumption in
addition to beer and wine at the subject 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 ABC license and
conditions of approval will address any potential negative or
adverse impacts created by the use. The granting of the
CUP will not negatively impact any sensitive land uses that
may be nearby. The subject site is not adjacent to parks,
playgrounds, schools, or religious institutions. The nearest
sensitive land use is Hillsong Church Orange County, which
is approximate 200 feet to the south, and the neatest
schools, playgrounds, and parks are more than 1,500 feet
away.
3. That the proposed use will not adversely affect the present economic
stability or future economic development of properties surrounding
the area.
The sale of distilled spirits for on-premises consumption in
addition to beer and wine at the subject location will not
adversely affect the economic stability of the area, but will
instead allow the restaurant to compete with other nearby
eating establishments in Downtown Santa Ana that offer a
full selection of alcoholic beverages to their customers.
Moreover, the offering of distilled spirits will allow the
restaurant to be economically viable and compete with
nearby full-service eating establishments in Downtown Santa
Ana and will contribute to the overall success of the City’s
Downtown.
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 (Zoning) of the SAMC for such
use.
The sale of distilled spirits for on-premises consumption in
addition to beer and wine at the subject location will be in
compliance with all applicable regulations and operational
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standards imposed on a restaurant selling alcoholic
beverages for on-premises consumption pursuant to Chapter
41 of the SAMC. The restaurant 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 SAMC. Operational standards will ensure
that 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 distilled spirits for on-premises consumption in
addition to beer and wine at the subject location will not
adversely affect the General Plan or any specific plan. The
granting of CUP No. 2021-03 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 eating establishments 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. Policy 5.5 of the Land Use Element
encourages development that is compatible with and
supporting of surrounding land uses. Native Son Alehouse is
located within a two-story multi-tenant development 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)
and the CEQA Guidelines, the project is categorically exempt from further review per
Section 15301 (Class 1 – Existing Facilities). Class 1 exemption applies to the operation,
repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or
private structures, facilities, mechanical equipment, or topographical features, involving
negligible or no expansion of use beyond that existing at the time of the lead agency's
determination. The project consists of a permit modification to allow the sale of distilled
spirits for on-premises consumption in addition to beer and wine at an existing restaurant.
Based on this analysis, a Notice of Exemption, Environmental Review No. 2013-40 will be
filed for this project.
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
John M. Funk
Senior Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached
Resolution No. 2021-11 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on May 10, 2021.
Date: ________________ ____________________________________
Commission Secretary
City of Santa Ana
05-10-2021
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EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2013-15-MOD-1
Conditional Use Permit No. 2013-15-MOD-1 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.
1. The sale, service, and consumption of alcoholic beverages shall be permitted in
accordance with the operational standards for on -sale establishments pursuant
to Section 41-196(g) of the SAMC, in accordance with the provisions of an o n-
premises alcohol license by the California Department of Alcoho lic Beverage
Control (ABC), in accordance with the site and floor plans attached to the staff
report documenting the approved scope of the project, and in accordance with
the conditions of approval contained within Exhibit A of Resolution No. 2013-14.
2. The business and property owner shall maintain and adhere to a “Good Neighbor
Policy,” implementing measures to ensure that patrons comply with applicable
noise, parking, and outdoor smoking regulations, and removing litter and
preventing loitering in the areas in the immediate vicinity of the business.
3. Within 90 days of adoption of this resolution, a Property Maintenance Agreement
shall 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 ar e 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 shal l 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.);
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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 and immediately adjacent to the
property; the proper and timely removal of graffiti; the timely maintenance,
repair and upkeep of damaged, vandalized and/or weathered building s,
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 liabl e 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 wh ich 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 the ABC license.