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HomeMy WebLinkAboutReso25-21_320 W. Fifth StResolution No. 2025-21 Page 1 of 11 RESOLUTION NO. 2025-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2025-13 AS CONDITIONED TO ALLOW A BANQUET FACILITY TO OPERATE AT 320 W. FIFTH STREET (APN: 398-255-30) 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. Chachmoni Macon representing Evntfull Space (“Applicant”), with Broadway Improvement Company (“Property Owner”), is requesting approval of Conditional Use Permit (“CUP”) No. 2025-13 to allow a banquet facility at 320 W. Fifth Street (“Project”). B. Section 41-2007 of the Transit Zoning Code (“TZC”) requires approval of a CUP to operate a banquet facility, subject to the development and operational standards outlined in Section 41-199.1 of the Santa Ana Municipal Code (“SAMC”). C. The proposed banquet facility meets all required standards specified by Section 41-199.1 of the SAMC, by containing a full kitchen, sanitation facilities, and exterior lighting. D. The subject site contains the Knights of Pythias Hall building, which was listed in the National Register of Historic Places as a contributor to the Downtown Santa Ana Historic District in 1984. Additionally, the building has also been included in the Santa Ana Register of Historical Properties (“Register”). The property was categorized as “Key” for its “distinctive architectural style and quality.” At this time, no exterior architectural changes are proposed by the Applicant that necessitate separate consideration by the Historic Resources Commission. E. On July 14, 2025, the Planning Commission held a duly noticed public hearing for CUP No. 2025-13. F. The Planning Commission of the City of Santa Ana 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. 2025-13 to allow a banquet facility at 320 W. Fifth Street: Resolution No. 2025-21 Page 2 of 11 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 banquet facility will benefit the community by providing a venue for intimate meetings, parties, ceremonial gatherings, and dining, accommodating up to forty-nine people. Condition of Approval No. 5 requires monitoring of any Daily License (form ABC-221) from the California Department of Alcoholic Beverage Control (ABC), which will assist in mitigating potential impacts created by the use and ensure that the banquet 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 banquet facility at this location will not be detrimental to the health, safety, or general welfare of people residing or working in the vicinity because the conditions of approval and operational standards for the proposed banquet facility will address any potential negative or adverse impacts created by the use. No residential or other sensitive receptors (e.g., schools, daycare centers, hospitals) are located in the immediate vicinity of the site. Therefore, the proposed banquet use will not generate land use conflicts or disrupt surrounding uses. Additionally, the proposed banquet facility is located within the Urban Center (“UC”) subzone of the TZC, which allows banquet facilities with the approval of a CUP. Moreover, the surrounding commercial land uses are compatible with the proposed banquet facility. The proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. As proposed, the banquet facility will complement the surrounding land uses and the businesses located within the Knights of Pythias Hall building. The proposed banquet facility will contribute to the overall success of the City of Santa Ana, attracting visitors and residents to the area and providing a service and facility for the community. 3. That the proposed use will not adversely affect the present economic stability or future economic development of property in the surrounding area. The proposed banquet facility will not adversely affect the present economic stability or future economic development of property in the surrounding area. The Project will instead Resolution No. 2025-21 Page 3 of 11 activate a currently vacant tenant space within the historic Knights of Pythias Hall building, contributing to the economic vitality of Downtown Santa Ana. The banquet facility use complements surrounding commercial, restaurant, and office uses and will draw additional foot traffic to the area, benefiting nearby businesses. Furthermore, the Project promotes adaptive reuse of a historically designated building without altering its exterior, preserving the architectural integrity that contributes to the district’s cultural and economic appeal. The facility will provide a unique venue for small-scale private events and gatherings, filling a niche in the local market and supporting business growth and employment opportunities. As such, the Project aligns with General Plan goals related to economic prosperity and downtown revitalization and is expected to enhance, rather than hinder, the economic activity and investment in the area. 4. That the proposed use will comply with the regulations and conditions specified in this chapter for such use. The proposed banquet facility use complies with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code (SAMC) for such use. Pursuant to Section 41-2007 of the Transit Zoning Code (TZC), banquet facilities within the Urban Center (UC) subzone require approval of a conditional use permit, and must adhere to the operational standards set forth in Section 41-199.1 of the SAMC. The proposed facility will be limited to a maximum occupancy of forty-nine (49) people, operate entirely indoors, and not include live entertainment or alcohol service without securing the required permits. The use will occupy an existing 1,641-square-foot tenant space within the historic Knights of Pythias Hall building and involve only minor interior improvements, consistent with the development standards for adaptive reuse of historic structures. No new parking is required under both the TZC and AB 2097, given the building’s proximity to a major transit stop and its historic status. As conditioned, the Project will operate in full compliance with the applicable standards and requirements set forth in Chapter 41 for banquet facilities, and will not result in adverse impacts to public health, safety, or welfare. 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 approval of the proposed Project will be consistent with the General Plan land use designation of District Center- Medium (DC-3), which allows a mix of uses including retail Resolution No. 2025-21 Page 4 of 11 and commercial uses. The proposed request would provide an added amenity and would promote a land use that enhances the City’s economic fiscal viability and mitigates any potential impacts to the surrounding community. Furthermore, approval of this application would be consistent with several goals and policies of the General Plan, specifically Goals 1, 2, and 3 of the Land Use (“LU”) Element and Goal 3 of the Economic Prosperity (“EP”) Element as discussed below Goal LU-1 encourages a land use plan that improves the quality of life and respects our existing community. Moreover, Policy LU-1.1 of the LU seeks to provide a land use plan that fosters compatibility between land uses to enhance livability and promote healthy lifestyles. The Project will create a new business within an existing commercial building, helping to foster a healthy commercial environment, as opposed to an area that could appear economically stressed due to vacant units. Furthermore, Policy LU-1.10 of the LU encourages the balance of development within the downtown area to continue to serve as a cultural and economic hub for existing and future residents. The proposed banquet facility will bring balance to the downtown area and continue to serve as a cultural and economic hub for the surrounding community. Goal LU-2 seeks to provide a balance of land uses that meet Santa Ana’s diverse needs. Moreover, Policy 2.2 encourages a range of commercial uses that captures a greater share of local spending and offers a range of employment opportunities. The proposed Project will capture local spending to customers who wish to host an event in the City of Santa Ana. Additionally, the banquet facility will create employment opportunities. Additionally, Policy 2.6 promotes the rehabilitation of properties to encourage increased levels of capital investment to create a safe and attractive environment. The subject unit is currently vacant, and approval of the CUP for the banquet facility will promote the rehabilitation of the subject location and encourage investment that will assist in creating a safe and attractive environment in the City’s downtown. Goal LU-3 seeks to preserve and improve the character and integrity of existing neighborhoods and districts. Policy LU 3.7, promotes a clean, safe, and creative environment for Santa Ana’s residents, workers, and visitors. As proposed, the Project will promote a clean and safe environment by complying with operational standards in addition to remaining compatible with the surrounding commercial uses. Resolution No. 2025-21 Page 5 of 11 Goal EP-3 seeks to promote a business-friendly environment where businesses thrive and build on Santa Ana’s strengths and opportunities. Specifically, Policy EP-3.1 pursues to market the city’s historic and cultural assets to increase the attraction of businesses and their employees to Santa Ana’s places and destinations. Approval of this Project within the existing historically designated The Knights of Pythias Hall building will protect the existing architectural integrity of the building façade. The Project also offers a unique, mini-scale banquet facility concept that will create a new market niche and generate new opportunities for business and job growth. 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) of the CEQA Guidelines. 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. Based on this analysis, a Notice of Exemption, Environmental Review No. 2025-2, 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. 2025-13 as conditioned in Exhibit A, attached hereto and incorporated herein, for the banquet facility to be located at 320 W. Fifth Street. This decision is based upon the evidence submitted at the above Resolution No. 2025-21 Page 6 of 11 said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated July 14, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 14th day of July, 2025. AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Christopher Leo, Bao Pham, Jennifer Oliva, Isuri Ramos, Alan Woo (7) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Jennifer Oliva Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: _______________________ Melissa M. Crosthwaite Senior Assistant City Attorney Resolution No. 2025-21 Page 7 of 11 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Gema Zapien, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2025-21 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 14, 2025. Date: ________________ ____________________________________ Gema Zapien Acting Recording Secretary City of Santa Ana 07/14/2025 Resolution No. 2025-21 Page 8 of 11 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2025-13 Conditional Use Permit No. 2025-13 allowing a banquet facility 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. All proposed site improvements must conform to Development Project Review (DP No. 2024-31) 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 if the conditional use permit must be amended. 3. A copy of the approved Conditional Use Permit (CUP) No. 2025-13, including all associated conditions of approval, shall be maintained on-site at all times in a readily accessible location. This copy shall be made available upon request to City personnel, including but not limited to staff from the Planning Division, Code Enforcement Division, or Police Department. 4. The name and current contact telephone number of the facility’s General Manager or responsible party shall be prominently posted at the primary entrance to the banquet facility in a location visible to patrons and City personnel. The contact information shall be updated immediately upon any change in personnel and maintained in a legible format. 5. 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. 6. The Applicant shall maintain a clearly visible notice near the facility entrance stating the approved hours of operation: 8:00 a.m. to 6:00 p.m. on weekdays, and 7:00 a.m. to 12:00 a.m. (midnight) on weekends. Any proposed modification to the weekday or weekend hours of operation shall be subject to Planning Division review. Such requests will be evaluated based on the Applicant’s record of compliance with applicable regulations, including any history of complaints or code enforcement actions. The Planning Division will determine whether the request may be processed administratively or whether a new or amended conditional use Resolution No. 2025-21 Page 9 of 11 permit is required. Notwithstanding the above, any operation beyond 12:00 a.m. shall require an after-hours CUP pursuant to the SAMC. 7. Any proposed live entertainment will require an Entertainment Permit and will be subject to compliance with Chapters 11 and 41 of the SAMC. 8. Alcohol sales for on-site consumption for one-day events will require that the Applicant obtains a Daily License from the Alcoholic Beverage Control (ABC), specifically form ABC-221. In addition, the Applicant will be responsible for obtaining any required permits from the Police Department. 9. For any event where alcohol is served pursuant to an ABC Daily License (ABC- 221), the Applicant shall provide on-site security personnel and coordinate with the Santa Ana Police Department as needed. The Applicant shall maintain a contact log of security presence and submit it to the Planning Division upon request. 10. Permanent alcohol sales for on-site consumption will require the approval of an additional CUP application. 11. The Applicant shall provide event attendees with information regarding available public parking structures and public transit. Valet services or drop-off zones shall not be used without prior City review and approval. 12. The Applicant shall provide a schedule of events at the banquet hall every six months to the property owner(s) and occupant(s) of the properties to the east and west of the subject site. 13. Prior to issuance of building permits, the Applicant shall submit a Noise Control and Monitoring Plan for Planning Division review. The plan shall include details on speaker/amplification use, window/door closures during events, and a process for responding to any noise complaints. The plan must be approved to the satisfaction of the Planning Division prior to issuance of a certificate of occupancy. 14. Conditional Use Permit No. 2025-13 shall be reviewed for conformance to Santa Ana Municipal Code operational standards and conditions of approval after 12 months of issuance of the certificate of occupancy. Should the review determine non-compliance with Santa Ana Municipal Code operational standards and conditions of approval, said CUP shall be set for public hearing at the Applicant’s sole expense for reconsideration of conditions of approval and/or reconsideration of the CUP. 15. 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 Property Management Agreement. The Agreement shall be recorded against the property by the City and shall be in a form reasonably Resolution No. 2025-21 Page 10 of 11 satisfactory to the City Attorney. The executed Agreement must be submitted to the Planning Division by the Applicant within 90 days of the approval of this Resolution. The 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 Agreement and both shall be jointly and severally liable for compliance with its terms. f. The 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 and obligations and responsibilities set forth under the agreement. g. The 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 Agreement Resolution No. 2025-21 Page 11 of 11 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 Agreement shall be a condition precedent to issuance of building permits.