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HomeMy WebLinkAboutReso25-31_113 E. Fourth St CUP-25-19Resolution No. 2025-31 Page 1 of 10 RESOLUTION NO. 2025-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2025-19 AS CONDITIONED TO ALLOW AFTER-HOURS OPERATION AT AN EATING ESTABLISHMENT LOCATED AT 113 E. FOURTH STREET (APN: 398-328-03) 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. Alexa Garcia with IG Drafting and Designs, representing Tacos Los Cholos (“Applicant”) and QOZB III, LLC. (“Property Owner”), is requesting approval of Conditional Use Permit (CUP) No. 2025-18 to allow the sale of beer and wine for on-premises consumption through a Type-41 license from the Department of Alcoholic Beverage Control (ABC) at an eating establishment located at 113 E. Fourth Street and approval of Conditional Use Permit (CUP) No. 2025-19 to allow after-hours operations at an eating establishment located at 113 E. Fourth Street (“Project”). B. Section 41-688 of the Santa Ana Municipal Code (“SAMC”) and Table 2A of Division 2 of the Transit Zoning Code / Specific Development No. 84 (SD- 84) require approval of a CUP for eating establishments wishing to operate between the hours of 12:00 a.m. and 7:00 a.m. C. On October 13, 2025, the Planning Commission held a duly noticed public hearing on CUP No. 2025-19. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant approval of a CUP pursuant to Section 41-638 of the SAMC, have been established for CUP No. 2025-19 to allow the after-hours operation at an eating establishment located at 113 E. Fourth Street. 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; and The proposed after-hours operations until 1:00 a.m. on Friday and Saturday at the subject site will provide an additional amenity to Tacos Los Cholos’ patrons by allowing them the ability to purchase meals after 12:00 a.m. (midnight), thereby Resolution No. 2025-31 Page 2 of 10 providing an additional dining option within the downtown area. The after-hours operation is consistent with that of other eating establishments in the downtown. Conditions of approval 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 after-hours operations until 1:00 a.m. on Friday and Saturday at the subject site is not expected to be detrimental to persons residing or working in the vicinity. The building location fronts on Fourth Street which is a frequent location for community activities involving outdoor entertainment and significant public activity and the proposed after-hours operation is consistent with other eating establishments operating in the downtown. Recognizing that Downtown Santa Ana, like other active urban areas, experiences challenges related to nightlife, staff has imposed additional operational conditions, including licensed security personnel, enhanced exterior lighting, security cameras, closing procedures, appropriate signage, and limiting the hours of operation of the outdoor patio, as detailed in Exhibit A. Together with SAMC standards, these measures will ensure the establishment operates safely, minimizes potential negative impacts, and contributes positively to the Downtown environment without adversely affecting nearby sensitive land uses. 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 after-hours operations until 1:00 a.m. on Friday and Saturday at the subject site will not adversely affect the economic stability of the area, but will instead allow Tacos Los Cholos to compete with other nearby eating establishments that also offer after-hours meals to their patrons. The extension of operating hours will enable the eating establishment to continue their operations for a longer period, thereby allowing them to generate more revenue to ensure their continued economic viability. Moreover, the offering of late-night dining opportunities will contribute to the overall Resolution No. 2025-31 Page 3 of 10 success of the City and will generate additional sale tax revenue. 4. That the proposed use will comply with the regulations and conditions specified in this chapter for such use. As conditioned, the proposed after-hours operations until 1:00 a.m. on Friday and Saturday at the subject site will be in compliance with all applicable regulations and operational standards pursuant to Chapter 41 (Zoning) of the SAMC. The eating establishment will be maintained as a full-service, bona-fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods. Operational standards and conditions of approval will ensure the Project remains in compliance with all applicable codes and regulations 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 operations until 1:00 a.m. on Friday and Saturday at the subject site will not adversely affect the General Plan. The granting of CUP No. 2025-19 supports several policies contained in the General Plan. The Project aligns with Land Use Element (LU) Goal LU-2 and Policies LU-2.1, LU-2.2, LU-2.6, and LU-2.8, which aim to provide a balanced mix of land uses that meet the City’s diverse needs, offer a broad range of employment opportunities, capture local spending, encourage re- investment into the City, and promote the City’s image as a significant business-friendly regional activity center. Additionally, Goal LU-4 and Policy LU-4.1 also apply, which support improvements to the built environment and the promotion of complete neighborhoods. Policy EP-3.11, which seeks to improve the City’s image through the creation of vibrant and engaging public spaces, is also supported by this Project. Tacos Los Cholos is located within a mixed-use building and its operation is compatible with the surrounding residential use and commercial businesses. The Project would provide an additional dining and drinking option to Santa Ana residents, workers, and visitors and would promote local spending and offer employment opportunities. Resolution No. 2025-31 Page 4 of 10 Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Project is categorically exempt from further pursuant to CEQA Guidelines 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 proposes to allow the operation of an alcoholic beverage control license to sell alcoholic beverages at an eating establishment and the after-hours operation of an eating establishment. Based on this analysis, a Notice of Exemption, Environmental Review No. 2025-80, 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 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. 2025-19, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 113 E. Fourth Street. 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 October 13, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2025-31 Page 5 of 10 ADOPTED this 13th day of October 2025, by the following vote: AYES: Commissioners: Manuel J. Escamilla, Christopher Leo, Bao Pham, Isuri S. Ramos, Alan Woo (5) NOES: Commissioners: (0) ABSENT: Commissioners: Carl Benninger, Jennifer Oliva (2) ABSTENTIONS: Commissioners: (0) _______________________ Isuri S. Ramos Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Melissa M. Crosthwaite Senior Assistant City Attorney Resolution No. 2025-31 Page 6 of 10 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Gema Zapien, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2025-31 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 13, 2025. Date: ________________ ____________________________________ Gema Zapien Recording Secretary City of Santa Ana 10/13/2025 Resolution No. 2025-31 Page 7 of 10 EXHIBIT A Conditions for Approval for Conditional Use Permit No. 2025-19 Conditional Use Permit No. 2025-19 for 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 (SAMC), the California Building Standards Code, and all other applicable regulations: The Applicant must comply 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. Any proposed 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. 2. Pursuant to this conditional use permit, the eating establishment will be permitted to remain open until 1:00 a.m. on Friday and Saturday and may be allowed to serve alcohol during that time provided Applicant has obtained Planning Commission approval of a separate conditional use permit application for the sale of beer and wine for on-premises consumption through a Type 41- License from the Department of Alcoholic Beverage Control as required by Section 41-196 and Section 41-2007 of the Santa Ana Municipal Code (“SAMC”) and Table 2A of Division 2 of the Transit Zoning Code / Specific Development No. 84 (SD-84), pursuant to Section 41-638 of the SAMC. However, the outdoor patio shall only be operational Sunday through Thursday from 11:00 a.m. to 9:00 p.m. and Friday and Saturday from 11:00 a.m. to 10:00 p.m. 3. 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- premises alcohol license by the California Department of Alcoholic Beverage Control (ABC). 4. The business shall not offer entertainment in the form of live or amplified music as an ancillary use without obtaining an entertainment permit. Notwithstanding this requirement, music/noise shall not be audible beyond twenty (20) feet from the exterior of the premises in any direction. 5. The eating establishment shall comply with the noise standards per SAMC Sections 18-312, 41-2008(d), and 41-2008(g). Resolution No. 2025-31 Page 8 of 10 6. 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. 7. The Applicant shall submit a Security Cameras Plan, which will show the location of, and procedures for, the installation and maintenance of interior and exterior security cameras covering all entrances and exits. Footage must be retained for at least 30 days and made available to the Santa Ana Police Department upon request. 8. All employees involved in alcohol service, including servers, bartenders, hosts, and managers, shall complete State-certified Responsible Beverage Service (RBS) training prior to serving alcohol. Documentation of such training shall be maintained on site and made available to the City upon request. 9. After 10:00 p.m., alcoholic beverages shall only be served in conjunction with the purchase of food. 10. The business shall provide at least one (1) licensed security guard for every fifty (50) patrons on site during the after-hours period (12:00 a.m. to 1:00 a.m. or as otherwise authorized). Security personnel shall monitor both interior and exterior areas under the operator’s control. 11. An electronic incident log shall be maintained at the licensed premises on a continual basis with at least one (1) year of entries and be readily available for inspection by any City official. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate date, time, description of incident, and action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, excessive loud noise, etc. 12. Security staff shall implement closing procedures designed to prevent loitering and disturbances, including clearing queuing areas and dispersing patrons from the immediate vicinity within fifteen (15) minutes of closing. 13. All security personnel and on-duty managers shall complete annual training in de- escalation techniques and conflict intervention, including recognizing and responding to potential domestic disputes. 14. The operator shall designate and maintain a well-lit waiting area for rideshare/taxi services to minimize lingering patrons on public sidewalks and reduce the potential for conflicts in public spaces. Resolution No. 2025-31 Page 9 of 10 15. For the first twelve (12) months of operation, the operator shall meet quarterly with the Santa Ana Police Department and/or City staff to review calls for service and, if necessary, modify security or operational practices to address identified concerns. 16. If three (3) or more verified violent incidents attributable to the premises occur within a twelve (12)-month period, the conditional use permit shall be scheduled for Planning Commission review at the applicant’s expense to consider modification or revocation of the CUP. 17. 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 Maintenance Agreement with the City of Santa Ana. The Agreement shall be recorded against the property by the City and shall be in a form reasonably 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); Resolution No. 2025-31 Page 10 of 10 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, obligations and responsibilities set forth under the maintenance 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 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.