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HomeMy WebLinkAbout31C - MODIFICATIONS TO CONDITIONAL USE PERMIT DOLCE GROUPREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 7, 2010 TITLE: MODIFICATIONS TO CONDITIONAL USE PERMIT NO. 2008-35 FOR THE GEISHA HOUSE RESTAURANT LOCATED AT 2773 NORTH MAIN STREET - THE DOLCE GROUP, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving modifications to Conditional Use Permit No. 2008-35 as conditioned. PLANNING COMMISSION ACTION On August 23, 2010, the Planning Commission adopted a resolution approving modifications to Conditional Use Permit No. 2008-35 as conditioned by a vote of 7:0 to modify the condition allowing dancing after hours at the Geisha House Restaurant at 2773 North Main Street located in the Specific Development No. 59 (SD-59) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. M. Trevino Pecutive Director Planning & Building Agency SK:rb sk\Reports\cupO8-35 Geisha House mod.cc Exhibit: 1. Planning Commission Staff Report 31C-1 31 C-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: AUGUST 23, 2010 TITLE: PUBLIC HEARING - MODIFICATIONS TO CONDITIONAL USE PERMIT NO. 2008-35 FOR THE GEISHA HOUSE RESTAURANT LOCATED AT 2773 NORTH MAIN STREET, THE DOLCE GROUP, APPLICANT Prepared by Sergio Klotz xecutive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For DENIED ? Applicant's Request ? Staff Recommendation CONTINUED TO Planning Manager Adopt a resolution approving modifications to Conditional Use Permit No. 2008-35 as conditioned for after-hours operation. DISCUSSION Request of Applicant The Dolce Group, owner and operators of the Geisha House restaurant, is requesting a condition modification to Conditional Use Permit No. 2008-35 which allowed a Type 47 Alcoholic Beverage Control license for the on-premise sale of beer, wine and distilled spirits at the restaurant located at 2773 North Main Street. Property Description The Geisha House restaurant is located within the City Place mixed use development on the northeast comer of Main Street and Memory Lane. The parcel is located within the Specific Development No. 59 (SD-59) zoning district and has a General Plan designation of District Center (DC). Surrounding land uses include commercial to the north, office uses and Santiago Park to the south, the Main Place Mall to the west, and new residential condominiums as well as a senior housing complex to the east (Exhibits 1 and 2). 3 Amend CUP No. 2008-35 August 23, 2010 Page 2 Geisha House occupies a 5,616 square foot two-story building and a 1,101 square foot outdoor patio dining area within the City Place development (Exhibit 3). The restaurant is a sit-down eating establishment that offers Japanese cuisine to its customers in an upscale setting. The hours of operation for the restaurant are 11:00 a.m. to 2:00 a.m., seven days a week. In 2008, two separate conditional use permits were granted to allow the sale of alcoholic beverages at a bona fide eating establishment and after hours. Due to similar dancing conditions on each conditional use permit, each requires modification. As such, on August 10, 2010 the Zoning Administrator approved modifications to Conditional Use Permit No. 2008-32 allowing dancing in conjunction with the sale of alcoholic beverages at a bona fide eating establishment. Project Description The applicant is proposing to obtain a modification to the existing conditional use permit allowing after hours at the Geisha House Restaurant (Exhibits 4 and 5). The Dolce Group has requested the ability to allow dancing at the establishment. The request requires the deletion of one condition that prohibits public dancing. The after- hours operation is an ancillary function to the primary restaurant use. The storage area for alcoholic beverages remains untouched and is located behind the hostess station and within the bar and dry storage areas. The overall storage of alcoholic beverage consists of approximately 269 square feet which is less than five percent of the gross floor area of the restaurant. Analysis of the Issues Conditional Use Permit No. 2008-35 was granted in 2008 to allow the restaurant to operate from 12:00 a.m. to 2:00 a.m. With the approval of the conditional use permit, conditions of approval were also granted. Staff has analyzed the modification request consistent with other eating establishments throughout the city. The applicant's request to modify a condition of approval to allow dancing is not contrary with the City's established guidelines for restaurants selling alcoholic beverages. Allowance of dancing after hours at the establishment in conjunction with food and alcohol consumption is consistent with other similar restaurants. The facility will remain a bona fide restaurant use providing the appropriate kitchen and food preparation area. The surrounding land uses adjacent to the restaurant are commercial uses with the exception of Santiago Park to the south and the adjoining City Place residential uses to the east and north on the same integrated development site. The extended hours of operation, as conditioned, should not impact the residences as the restaurant use must minimize potential noise impacts to the surrounding residential and commercial uses and provide adequate security to monitor the site. Additionally, the outdoor dining patio is located at the intersection of Main Street and Memory Lane, the furthest point from the residential component. 31 C-4 Amend CUP No. 2008-35 August 23, 2010 Page 3 In addition to the conditional use permit modification, the applicant will be obtaining a dance permit from the Chief of Police. In order to allow dancing at an establishment similar to the Geisha House restaurant, Chapter 11 of the Santa Ana Municipal Code requires the restaurant to remain a bona fide eating establishment, maintain a minimum of 50 seats, provide a minimum of 300 square feet of dance area and not provide a cover charge for admittance. The applicant's intent and proposal meets these minimum requirements. The Geisha House restaurant offers patrons a variety of dining options, which include bar and lounge seating, indoor and outdoor dining and reservation rooms. The two reservation rooms are located on the first and second floors of the restaurant and are available for group dining. The reservation rooms are both under 160 square feet and are partially enclosed. The second floor reservation room is enclosed by glass doors and walls. A total of 53 tables, 16 booths and 8 lounge sofas are distributed throughout the first floor and open patio of the restaurant. Additional seating includes 15 tables on the restaurant's second story. The request to allow dancing would affect only the first floor of the restaurant and occur within the interior of the restaurant space in the area that currently provides non-fixed tables and chairs. Fixed patron booths are located along the perimeter of the interior. The second floor would remain unchanged. An area for a DJ, approved in the existing conditional use permit, is located on the second floor overlooking the first floor. The area of 2773 North Main Street is located within reporting district No. 181, which ranks 100 out of 102 citywide districts in total number of police-related incidents. To ensure the business operates as a bona fide eating establishment, as well as minimize the potential impacts associated with alcoholic beverage sales at the proposed restaurant location, the Police Department is recommending conditional approval of the project. These proposed conditions are intended to mitigate any problems that may negatively affect the adjacent neighborhood and surrounding area. Lastly, the site has a General Plan land use designation of District Center (DC). The District Center designation emphasizes the use of this area as an anchor for commercial development and as a commercial corridor. The continued operation of an upscale sit down restaurant with dancing in this area helps to achieve this goal. Additionally, this site is located on a major arterial street and the subject property's proximity near the Interstate 5 freeway promotes the City of Santa Ana as a regional destination. Based upon analysis of the project and its compatibility with the City's General Plan and applicable development standards, staff recommends that the Planning Commission approve modifications to Conditional Use Permit No. 2008-35 as conditioned. 31 C-5 Amend CUP No. 2008-35 August 23, 2010 Page 4 CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2010-112 will be filed for this project. 31 C-6 SK: sk\Repoft%cupO8-35 Geisha House mod.po D I I y o! 0 r¢ n g e 22 FREEWAY R D ?K?eDm - G2- RI H011 5 TG .wumm M Ada s C2-HD II / T9 O f s ' R1 ra 77 F : R1 R1 R1 SD- PROJECT AID SITE I SD-59 R4 D pn? PN• R4 0 ? R1 ? ,• NENORY LN. MNN PLACE D0. M W .. D At 6Q- R1 ` R 6SD- 5 ?? ; noo R4 RI R1 "` PART( u.. ? 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MODIFICATION TO CUP 08-32 GEISHA HOUSE i =- - 2773 NORTH MAIN STREEET P L A N N I N G A N D 8 U I L D I N G A G E N C Y ?. Modifications to CU P08-35 Exhibit 2 31 C-8 two-,5v as -c ?zoas'? ?+vGr w _ !/1tl01',13('023d wao?m `n++..,..s-zs am. n eccz ?? {{ ` !!OD-?!Y•CLC l°1 . /^N P°°`?P41 Yil O NVld 311S -3aOr? 21nN07 arl i7?0 X3ON1 YNV viNVr tl41S1?9 i?i11 Aqt Q N s co O,Z TaZ '` ?g 3 A 3 tq$q?sst <07 a ?r ..._ -,?u O §ug NM mZ V "n nZ 6# :y z ?mti ..¢? g-I- I yy rd_ i? Ri_ > - T V $ g a 7`n? fr 3?? ?°s" 4 22 o ? WR 9783..E ? ? g-id Tr- q }. co £ oM i !11 W ea w ? Q 3?a ? !aR 3 n td W to Z y z 0. ??? jet ?? oa{ o d Y ' r ,- .o-sz y 7 a - w? .o } L W a F L i F P • r~p r ,p-pz ? ? . ti +?1 w Jt ' a c i a a a 4 ?` ?- b _ty b eb ? Y ? ° ? ? ?c w -- ---------- 2? "r2? 1 ' P A-oF IRA ??' t ? a ?aW ;maw 0 O?M 'L :0 V W: O p1.a. ne •4 ?1100fa•?/YN _ '?oi61MJ VwwrYni;•iCMw•rL1l d6t ??II4? ?- m1'Mrt7R vl p/?IUIY{1 NV W WOU isi ?}? 7bMO1 171 70116 vwvwM VF( 9 710 s1 1 r ¦? a R A ? m ? Q O Ali' y ?,?.; ; s? r? rtt qq E a 1 ?• ??? y` u fill aiti i's .1 1 1 1711 ! II s g8 ?i?i 11 I W Im 0 PAi - U ?? m Q CA e-?l Q Modifications to CUPOS-35 Exhibit 4 31C-10 ?e LlJO ]1Y FLF '?'4 ?OOG Liual . FOO-U ONz OIAVQ .ti140?NJ YHr ?LiM''lS MIVnrELL7 ?„ j I1 ? rtn-)- -* - -- I . 3wm 3INNO1 VIM maim I1 FIT vw VINYs VL gno LmrmY w.I I 1 f 3 - I n.r p .I-o? ?p + ? ? go 1 Aa- 1 f a S 1 1 Is•?i o? U ? gn ?_ tions to is 5 1 1 I? It f f `moo ? W. t ?\ I O 3 I z 5 a 0 0 o; NIA 0 I i 1 1 Q 31C-12 ROH - 08/23/10 RESOLUTION NO. 2010-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA MODIFYING CONDITIONAL USE PERMIT NO. 2008-35 AS CONDITIONED TO ALLOW AFTER HOURS OPERATION FOR THE PROPERTY LOCATED AT 2773 NORTH MAIN STREET 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. Applicant is requesting approval of modification to Conditional Use Permit No. 2008-35 to operate a restaurant between the hours of 11:00 a.m. to 2:00 a.m., seven days a week, for the property located at 2773 North Main Street. B. On November 24, 2008, the Planning Commission of the City of Santa Ana approved Conditional Use Permit No. 2008-35 as conditioned. C. The Specific Development No. 59 (SD-59) zoning designation requires a conditional use permit for restaurants open between the hours of 12:00 a.m. and 5:00 a.m. D. The applicant is requesting the following modifications to Conditional Use Permit No. 2008-35 as conditioned to allow after hours operation for the property located at 2773 North Main Street: Allow dancing within the restaurant. The applicant is requesting a minimum of 300 square feet of dance area. E. Santa Ana Municipal Code Section 41-196 and 41-638 authorizes the Planning Commission to modify a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed amendment to the conditional use permit for after hours operation will continue to provide an ancillary service to the restaurant and thereby benefit the community by providing an additional amenity at the eating establishment. Conditions have been placed on the after hours conditional use permit which will mitigate any potential Resolution No. 2010-14 Page 1 of 9 31C-13 impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use 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 amendment to allow dancing at the location will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negative or adverse impacts. Dancing will occur within the premises and is incidental to the restaurant use. The extended hours will continue to be in conjunction with the existing sit-down eating establishment. Conditions to minimize potential noise impacts to the surrounding residential and commercial uses are in place or recommended. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project site is located within the City Place development and is suitable for the proposed use. The provision of dancing at the Geisha House restaurant will increase the patronage to the restaurant and number of visitors to the development, thereby enhancing the profitability of the business and economic stability of the area. The project site is located in a commercial area near the Westfield Mall and helps to further emphasize North Main Street as a commercial district. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the allowance of dancing will be in compliance with all applicable regulations and conditions imposed on a restaurant operating after hours pursuant to Specific Development No. 59 and Chapters 11 and 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with extended hours and ancillary dancing provides an additional amenity to the existing dining service and the residents of Santa Ana. Additionally, the property is located within the District Center (DC) general plan land use Resolution No. 2010-14 Page 2 of 9 31 C-14 designation which emphasizes the area as a major commercial corridor for the City. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2010-112 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves the modifications to Conditional Use Permit No. 2008-35 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated August 23, 2010 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 23rd day of August, 2010 by the following vote: AYES: Commissioners: Acosta, Alderete, Betancourt, Gartner, Turner, Walters, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan O. Hodge Deputy City Attorney Resolution No. 2010-14 Page 3 of 9 31C-15 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2010-14 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 23, 2010. Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2010-14 Page 4 of 9 31C-16 Modified Conditions of Approval for Conditional Use Permit No. 2008-35 Conditional Use Permit No. 2008-35 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 Administrative 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. (Added language highlighted, deleted language in strikeout.) A. Planning Division 1. The project shall remain in compliance with Site Plan Review (DP No. 08- 63). 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The hours of operation for the facility shall not exceed past 2:00 a.m., seven days a week. 4. All special events hosted by the restaurant must be catered by the on-site Geisha House kitchen and staff. B. Police Department 1. There shall be no fixed bar on the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. 2. Full menus and food service shall be available in the lounge area and at the counter/bars during all operational hours. 3. At all times when the premises is open for business the sale of alcoholic beverages shall be made only in conjunction with the sale of food to the person ordering the beverage. Resolution No. 2010-14 Page 5 of 9 31C-17 AUGUST 23, 2010 PAGE 2OF4 4. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. These records are to be kept no less frequently than on a quarterly basis and shall be made available to the City if requested. 5. The premises shall be maintained as a bona fide eating establishment and shall provide a menu containing an assortment of foods normally offered in restaurants. 6. The establishment shall not be operated as a public premises. 7. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 8. There shall be a server assigned to the patio area at all times that the service and consumption of alcoholic beverages is available. 9. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 10. It shall be applicant(s) responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant(s), with the exception of the enclosed patio area. 11. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 12. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 13. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. All graffiti must be removed within 24 hours of occurrence. 14. There shall be no pool tables, coin-operated games, or video machines maintained upon the premises at any time. 15. Live entertainment and amplified music are prohibited on the premises at any time, with the exception of the proposed DJ. Resolution No. 2010-14 Page 6 of 9 31C-18 AUGUST 23, 2010 PAGE 3OF4 16. There shall he nn publin daRGiRg GR the rremises (Deleted by Planning Commission August 23, 2010) 17. Noise/music shall not be audible beyond 20 feet from the exterior of the premises in any direction. 18. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 2:00 a.m. 19. This land use authorization is only for a Type 47 on-sale general, public eating-place, any other license use at this location will require a new land use clearance. 20. Existing restaurant and required parking within 60 feet must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 21. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board condition 20 must be complied with. 22. Applicant is required to provide Police Department approved armed robbery prevention training annually to all of their restaurant employees. 23. Window displays and racks must be kept to a maximum height of three feet including merchandise. 24. A timed-access cash controller or drop safe must be installed. 25. Install a silent armed robbery alarm. 26. The applicant shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, donation, or any other form of admission charge, including minimum drink orders, or the sale of drinks. The dressing room indicated on the plans shall only be used by food service personnel employed by the establishment. Resolution No. 2010-14 Page 7 of 9 31C-19 AUGUST 23, 2010 PAGE 4OF4 27. Two state licensed uniformed security guards shall be located in the parking lot from 8 pm until 30 minutes after closing, whenever dancing is held at the restaurant. (Added by Planning Commission August 23, 2010) Resolution No. 2010-14 Page 8 of 9 31C-20 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd Floor, Santa Ana, California 92701. I served the foregoing document described as: Resolution No. 2010-14 (Amendment to Conditional Use Permit No. 2008-35) in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Bill Hammerstein Lonnie Moore Adam Palmer 441 North Beverly Drive, The Dolce Group The Dolce Group Suite 209 6633 Hollywood Blvd. 2773 North Main Street Beverly Hills, CA 90210 Hollywood, CA 90028 Santa Ana, CA 92705 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2010-14 Page 9 of 9 31C-21 31C-22