HomeMy WebLinkAboutRESO 2022-04_2 E. Hutton Center Dr. Unit 203RESOLUTION NO. 2022-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT
NO. 2022-2 AS CONDITIONED TO ALLOW AFTER-HOURS
OPERATIONS UNTIL 2:00 A.M. FOR GOKUMI RAMEN &
YAKITORI LOCATED AT 2 E. HUTTON CENTRE DRIVE, UNIT
203
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. Xianglong Kong ("Applicant'), representing Gokumi Ramen & Yakitori, on
behalf of KRB Investments Management, LLC (Property Owner), is requesting
approval of Conditional Use Permit (CUP) No. 2022-2 to allow after-hours
operations until 2:00 a.m. and after-hours sales, service and consumption of
alcoholic beverages at a new eating establishment located at 2 E. Hutton
Centre Drive, Unit 203.
B. Santa Ana Municipal Code ("SAMC") Section 41-196 requires approval of a
CUP for the sale, service, and consumption of alcoholic beverages between
the hours of 12:00 a.m. and 7:00 a.m.
C. SAMC Section 41-196 requires a CUP to allow any business to operate
between the hours of 12:00 a.m. and 7:00 a.m. The Applicant is proposing to
operate the business from 11:00 a.m. to 2:00 a.m., two hours later than the
SAMC prescribed limits.
D. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to
review and approve the CUP for this project as set forth by the Santa Ana
Municipal Code.
E. On February 14, 2022, the Planning Commission held a duly noticed public
hearing on CUP No. 2022-2.
F. 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. 2022-2 to allow sales, service, and consumption
of alcoholic beverages between the hours of 12:00 a.m. and 2:00 a.m., at a
new eating establishment located at 2 E. Hutton Centre Drive, Unit 203.
1. That the proposed use will provide a service or facility which will
contribute to the general wellbeing of the neighborhood or community.
Resolution No. 2022-04
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The proposed after-hours operations and sale of alcoholic
beverages for on -premise consumption at this location will
provide an ancillary service to the eating establishment's
customers by allowing them to purchase alcoholic beverages
with their meal past midnight. This will thereby benefit the
community by providing an eating establishment 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.
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 after-hours operations and sale of alcoholic
beverages for on -premise 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
and conditions of approval will address any potential negative or
adverse impacts created by the use. A mixture of uses that are
compatible with the proposed use including a hotel, multi -family
residences and commercial uses surround and are adjacent to
the site. Gokumi Ramen & Yakitori is intended to be a bona -fide
restaurant 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. Therefore, the granting of
the CUP will not negatively impact any sensitive land uses that
may be nearby.
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 eating establishment to
compete with other nearby eating establishments that are open
past midnight and offer a full selection of alcoholic beverages for
sale to their customers. The after-hours operation and alcohol
license for on -premise sale and consumption will benefit
individuals working and residing in the surrounding hotels, multi-
family residential communities, and retail stores. New clientele
will be attracted to this commercial center supporting pedestrian
access from individuals living or working at close proximity.
Moreover, operating past midnight and offering the sale and
consumption of alcoholic beverages will allow the eating
establishment to remain economically viable and contribute to
the overall success of Hutton Centre Mixed Use Specific
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Development, thereby contributing to the overall success of the
City.
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 for
businesses operating after-hours pursuant to Chapter 41 of the
SAMC. 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 after-hours operation and sale of alcoholic
beverages for on -premise consumption at this location will not
adversely affect the General Plan or any specific plan. The
granting of this CUP 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
operate past midnight and offer alcoholic beverages as part of
their menu presents 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. Gokumi Ramen & Yakitori
is located in a commercial center and its proposed operations
are 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 existing or former use. The project proposes after-hours operations and the
operation of an alcoholic beverage control license to sell alcoholic beverages at a bona -fide
eating establishment. As such, a Notice of Exemption, Environmental Review No. 2021-130,
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,
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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 SubdivisionMap Act, Code of Civil Procedure sections 1085 or 1094.5, or any other
federal, state orlocal 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 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. 2022-2, as conditioned in Exhibit
A, attached hereto and incorporated herein, for the project located at 2 E. Hutton Centre Drive,
Unit 203. This decision is based upon the evidence submitted at the above -referenced
hearing, including but not limited to: The Request for Planning Commission Action dated
February 14, 2022, and exhibits attached thereto; and the public testimony, written and oral,
all of which are incorporated herein by this reference.
ADOPTED this 141h day of February, 2022 by the following vote.
AYES: Commissioners: ALDERETE, MCLOUGHLIN, MORRISSEY, PRAM,
RAMOS, WOO (6)
NOES: Commissioners:
ABSENT: Commissioners: CALDERON (1)
ABSTENTIONS: Commissioners:
Thomas Morrissey
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
John M. Funk
Sr. Assistant City Attorney
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, CHRISTINA LEONARD, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2022-04 to be the original resolution adopted by the Planning Commission of
the City of Santa Ana on February 14, 2022.
Date: Z2
'-Recording Secretary
City of Santa Ana
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EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2022-2
Conditional Use Permit No. 2022-2 to allow after-hours operations 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 with each and every condition listed below prior to exercisingthe
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.
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 on- premise
alcohol license by the California Department of Alcoholic Beverage Control (ABC), and
in accordance with the site and floor plans attached to the staff report documenting
the approved scope of the project.
The sale, service, and consumption of alcoholic beverages shall be limited from 8:00
a.m. to 2:00 a.m. Monday through Sunday, pursuant to Sections 41-196 and 41-2007
of the Santa Ana Municipal Code.
Prior to final Certificate of Occupancy, the property shall be brought into full
maintenance compliance with all applicable SAMC standards. Maintenance shall
include, but is not limited to: the repair and upkeep of the property; cleanup of trash
and debris; repair and upkeep of any damaged and/or weathered components of the
historic building (e.g., siding, windows, historic features); repair and upkeep of exterior
paint; parking striping, lighting and irrigation fixtures; landscaping and related
landscape, furnishing, and hardscape improvements.
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 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
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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 on or 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
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
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h) The execution and recordation of the maintenance agreement shall be a
condition precedent to the issuance of the ABC license.
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