HomeMy WebLinkAbout31A - CUP - 515 N MAIN ST STE BREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 1, 2011
TITLE:
CONDITIONAL USE PERMIT NOS. 2011-07,2011-15
AND 2011-16 TO ALLOW A TYPE 47 ALCOHOL
BEVERAGE CONTROL LICENSE, A BANQUET USE
AND TO OPERATE AFTER HOURS AT THE KARMINA
RESTAURANT LOCATED AT 515 NORTH MAIN
STREET, UNIT B - ADOLFO LOPEZ, APPLICANT
f f ,.
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s1 Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Receive and file the staff report approving Conditional Use Permit Nos. 2011-07, 2011-15 and
2011-16 as conditioned.
PLANNING COMMISSION ACTION
On July 11, 2011, the Planning Commission adopted a resolution approving Conditional Use
Permit No. 2011-07 for a Type 47 ABC license as conditioned, adopted a resolution approving
Conditional Use Permit No. 2011-15 to allow after hours operations as conditioned; and adopted
a resolution approving Conditional Use Permit No. 2011-16 to allow a banquet use as
conditioned by a vote of 5:0 (Turner absent; Gartner abstained) for the Karmina Restaurant
located at 515 North Main Street, Suite B in the Specific Development No. 84/Downtown (SD-
84/Downtown) zoning district. At the hearing, the Commission modified two conditions of
approval for the project. First, Police Condition No. 14 was modified to require the Police
Department to review the quarterly gross sales of alcohol and food as part of their standard
review to ensure the facility operates as a restaurant. Second, Police Condition No. 28 was
modified to prohibit the restaurant from requiring a cover charge, from operating as a night club
and to prohibit public dancing (Exhibit A).
FISCAL IMPACT
There is no fiscal impact associated with this action.
2qAA -
J4,14. Trev o
Executive Director
Planning & Building Agency
VF:rb
vNreports\CUP\CUP11-07CUP11-15&CUP11-16 Karmina.cc
Exhibit: A. Planning Commission Staff Report
31A-1
31A-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
JULY 11, 2011
TITLE:
PUBLIC HEARING - FILED BY ADOLFO LOPEZ
FOR CONDITIONAL USE PERMIT NOS. 2011-07,
2011-15 AND 2011-16 TO ALLOW A TYPE 47 ALCOHOL
BEVERAGE CONTROL LICENSE, A BANQUET USE
AND TO OPERATE AFTER HOURS AT THE KARMINA
RESTAURANT LOCATED AT 515 NORTH MAIN
STREET, UNIT B
Prepared by Vince Fregoso
- C?&
Executive Director
RECOMMENDED ACTION
PLANNING COMMISSION SECRETARY
APPROVED
? As Recommended
? As Amended
? Set Public Hearing For
DENIED
? Applicant's Request
? Staff Recommendation
CONTINUED TO
Planning Manage
Adopt a resolution approving Conditional Use Permit No. 2011-07 for a Type 47 ABC license as
conditioned.
2. Adopt a resolution approving Conditional Use Permit No. 2011-15 to allow after hours operations
as conditioned.
3. Adopt a resolution approving Conditional Use Permit No. 2011-16 to allow a banquet use as
conditioned.
Request of Applicant
Adolfo Lopez, representing the Karmina Restaurant, is requesting approval of three conditional
use permits (CUP) for the Karmina Restaurant. The CUP's are to allow a Type 47 Alcoholic
Beverage Control (ABC) license for the on-premise sale and consumption of beer, wine and
distilled spirits, to allow the restaurant to operate until 2:00 a.m. (after hours), and to allow a
banquet use within the existing restaurant. Establishments that sell alcoholic beverages require
a conditional use permit pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC).
Further, the Transit Zoning Code (SD-84) requires a CUP for after hours operations of a
restaurant use as well as for a banquet facility.
Project Location and Site Description
The Karmina Restaurant currently operates on the first floor of an existing two-story, multi-tenant
building located on the east side of North Main Street, between Fifth Street and Santa Ana
Boulevard. The site is 6,250 square feet in size and contains a 10,000 square foot building that
was constructed in approximately 1915. Each floor is 5,000 square feet in size, with the first floor
consisting of two other restaurants and ground floor common areas (seating, restrooms) for the
1
31A-3
CUP Nos. 2011-07, 2011-15 & 2011-16
July 11, 2011
Page 2
building. The second floor is currently vacant but was formerly used as office space. The site has
no on-site parking but utilizes the public parking garages at the Fiesta Marketplace and at Fifth and
Main Streets. The site is surrounded by commercial and office uses to the north, south, east and
west (Exhibits 1 and 2).
Proiect Description
Karmina is requesting approval of three conditional use permits for the restaurant: A Type 47
Alcoholic Beverage Control (ABC) license to allow the on-premise sale of beer, wine and distilled
spirits at the existing restaurant, approval to allow a banquet facility, and the ability to operate the
business between 12:00 a.m. and 7:00 a.m. Specifically, the applicant is seeking the approvals in
order to serve alcoholic beverages to patrons of the restaurant and to allow large, private functions
within the restaurant. Karmina is a quick serve eating establishment that accommodates
approximately eight patrons within its 1,200 square foot ground floor space. The applicant is
proposing to expand the restaurant into the vacant second floor by constructing an interior
stairway that will provide direct access to the new dining area. After the expansion,
approximately 136 patrons will be able to be accommodated on both floors of the restaurant. The
on-premise sale of alcoholic beverages to customers is intended to provide a service ancillary to
the primary restaurant use. The current hours of operation for the restaurant are 8:00 a.m. to
3:00 p.m., Monday through Friday. However, if the ABC license is approved, the applicant
intends to operate from 8:00 a.m. until 2:00 a.m., seven days a week.
The storage area for the alcoholic beverages will be located on the second floor. A 155 square foot
liquor storage room will be constructed as well as an additional 63 square feet of storage area
behind the bar will be provided. The overall storage of alcoholic beverage consists of approximately
218 square feet, which is approximately four percent of the floor area and is less than five percent of
the gross floor area of the restaurant (Exhibits 3 and 4).
Proiect Background
Karmina Restaurant is an independently owned restaurant specializing in Mexican casual cuisine.
This business has been operating at this location since February 2008. Several restaurant tenants
have occupied the space over the years; however, none have had an ABC license.
The project was presented to the Zoning Administrator for action on three occasions, the most
recent in June 2011. At the conclusion of this hearing, the Zoning Administrator remanded the
applicant's request for an ABC license to the Planning Commission as the applicant expressed an
interest in obtaining approval to operate the restaurant after midnight and to allow a banquet facility.
Both of these applications are not reviewed by the Zoning Administrator but require action by the
Planning Commission.
31A-4
CUP Nos. 2011-07, 2011-15 & 2011-16
July 11, 2011
Page 3
General Plan and Zoning Consistency
The General Plan land use designation for the site is District Center (DC). District Center districts
provide highly visible and accessible commercial development within the City's major development
areas such as the downtown area and along the Citys arterial transportation corridors. These
districts also provide important neighborhood facilities and services, such as this restaurant. The
project site is consistent with this General Plan land use designation.
The zoning for the site is Specific Development No. 84 (SD-84/Transit Zoning Code). The SD-84
zoning district allows for retail and service uses such as restaurants, making the proposed use
consistent with the zoning code.
Project Analysis
Conditional Use Permit requests are governed by Section 41-638 of the SAMC. Conditional Use
Permit requests may be granted when it can be shown that the following can be established:
• That the proposed use will provide a service or facility which will contribute to the general well
being of the neighborhood or 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.
• That the proposed use adversely will not affect the present economic stability or future
economic development of properties surrounding the area.
• That the proposed use will comply with the regulations and conditions specified in Chapter 41
for such use.
• 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.
If these findings can be made, then it is appropriate to grant the conditional use permits.
Conversely, the inability to make these findings would result in a denial. Using this information staff
has prepared the following analysis, which, in turn forms the basis for the recommendation
contained in this report. In analyzing the conditional use permit requests, staff believes that the
following findings of fact warrant approval of the conditional use permits.
• The proposed alcohol beverage license will provide an ancillary service to the restaurant
customers by allowing them the ability to purchase beer, wine and distilled spirits with their food.
This will thereby benefit the community by providing a restaurant with an additional and
complementary food-related amenity. Further, the after hours operation and banquet use will
31A-5
CUP Nos. 2011-07, 2011-15 & 2011-16
July 11, 2011
Page 4
allow the restaurant the ability to accommodate large groups, which will provide a needed facility
in the downtown area. Conditions have been placed on the alcoholic beverage control license,
after hours and banquet permits which will mitigate any potential impacts created by the use and
ensure that the use will not negatively affect the surrounding community.
The proposed license for the on-sale consumption of beer, wine and distilled spirits at this
location, the CUP for after hours operations and CUP for a banquet use will not be detrimental to
persons residing or working in the vicinity because conditions have been placed on the CUP's
that will mitigate any potential negative or adverse impacts created by the use. In addition, the
uses will occur within the premises and are each incidental and supportive to the restaurant use.
• The proposed use will not adversely affect the economic stability of the area, but will instead
allow the restaurant to compete with other restaurants in the area that also offer alcoholic
beverages for sale to their guests and other visitors. Further, the allowance of a banquet facility
and the after hours operation of the restaurant will identify this restaurant, and the area, as a
viable location to conduct business
As conditioned, the proposed project will be in compliance with all applicable regulations and
conditions imposed on a restaurant selling alcohol and facilities operating a banquet use
pursuant to Chapter 41 of the Santa Ana Municipal Code and the guidelines established by the
Planning Commission for restaurants selling alcohol with their meal. The facility has the kitchen
equipment necessary to be considered a bona fide restaurant use and is eligible to obtain a
restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less
than five percent of the gross floor area for the storage of alcoholic beverages, which is below
the maximum threshold established by the Planning Commission. Finally, the facility will be in
compliance with all applicable regulations that govern banquet facilities in 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 an ancillary alcohol license, a banquet facility and which operate after hours
will provide a dining service to the residents of Santa Ana.
Police Department Analysis
The Police Department reviews conditional use permit applications for the sale of alcoholic
beverages because there is a strong correlation between the availability of alcohol and crime.
Studies have shown that alcohol is a contributing factor in crimes, such as drunk driving, fatal
traffic collisions, homicide, assaults, rape, domestic violence, drunk in public and other nuisance
type of offenses. Without stringent controls to address the location of alcohol outlets, there is a
strong likelihood that an over concentration will create blight and adversely impact the
community. The approval of a license in an area deemed over concentrated and high in crime
may affect the quality of life and police resources in the area, and aggravate existing conditions.
31A-6
CUP Nos. 2011-07, 2011-15 & 2011-16
July 11, 2011
Page 5
Since the City's over concentration standards do not apply to on-sale establishments, the Police
Department considered two factors when reviewing this application, crime rate and sensitive land
uses. The Police Department has determined that this establishment is located in an area that is
above average in police-related incidents. This site is located within Reporting District No. 186,
which ranks 1stout of 102 citywide districts in total number of police-related incidents. In terms
of land uses, no residences or sensitive land uses were found that might be impacted by this
action.
Based on the above average crime rate, the Police Department recommends approval of the
CUP's provided that conditions are imposed to ensure that this location operates as a bona fide
eating establishment and does not aggravate existing conditions or negatively impact adjacent
land uses. In addition, the Police Department has reviewed the applicant's request to allow the
restaurant to remain open after midnight and to operate a banquet facility at the restaurant and
finds that the proposed conditions will address any potential impacts that may occur.
Zoning Administrator's Public Hearing
On April 27, 2011, a public hearing was held for the proposed ABC license. During the hearing,
the Zoning Administrator noted that the restaurant's ground level floor plan did not include
enough information that clearly depicted the use as a bona fide eating establishment. Further,
the applicant noted that the second level floor plan was incorrect as a dance floor was no longer
proposed for the use. As a result, the Zoning Administrator continued the conditional use permit
to allow the applicant time to revise the plans. In response, the applicant submitted revised plans
that accurately depict the restaurant as a bona fide eating establishment and that removed the
dance floor from the second floor.
On May 18, 2011, a second hearing was held on the proposed project. Although the applicant
made the modifications to the floor plans requested at the April 27th hearing, the item was again
continued as the applicant stated that he wanted approval to operate after midnight and as a
banquet facility. Since both of those actions require separate conditional use permits, the Zoning
Administrator continued the project to allow the applicant time to file the CUP applications, which
would allow all three applications to be scheduled for the same Planning Commission hearing.
In early June, the applicant submitted applications for the afterhour's operation and the banquet
facility. In response, the Zoning Administrator remanded the ABC license to the Planning
Commission for a determination on June 8th
Public Notification
The project site is located within the boundaries of the Downtown and Lacy Neighborhood
Associations. The presidents of these Neighborhood Associations were notified by mail 10 days
prior to this public hearing. In addition, the District representative from the City's Neighborhood
Improvement Division contacted the presidents to ensure that they were notified of the project
and to see if there were any areas of concern. No areas of concern were identified by the
Neighborhood Association presidents, nor was there a request that the applicant present the
project to a meeting of their members.
31A-7
CUP Nos. 2011-07, 2011-15 & 2011-16
July 11, 2011
Page 6
The project site itself was posted with a notice advertising this public hearing, a notice was
published in the Orange County Reporter and mailed notices were sent to all property owners
within 500 feet of the project site. At the time of this printing, no correspondence, either written or
electronic, had been received from any members of the public.
CEQA Compliance
In accordance with the California Environmental Quality Act the recommended action is exempt for
further review per Section 15301. The Class 1 exemption allows the licensing of existing facilities
with no expansion of the existing use. Categorical Exemption Environmental Review No. 2010-141
will be filed for this project.
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
approve Conditional Use Permit Nos. 2011-07, 2011-15 and 2011-16 as conditioned.
Vincent Freg so, AIC'
Principal Plan er
VF:jm
vRreports\CUPICUP11-07CUP11-15&CUP11-16 Kannina.pc
Attachments:
Exhibit 1 - Vicinity Map
Exhibit 2 - Location Map
Exhibit 3 - Site Plan
Exhibit 4 - Floor Plan
31A-8
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31 A-16
ROH - 07/11/11
RESOLUTION NO. 2011-13
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING: CONDITIONAL
USE PERMIT NO. 2011-07 AS CONDITIONED FOR A
TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE,
CONDITIONAL USE PERMIT NO. 2011-15 AS
CONDITIONED TO OPERATE UNTIL 2:00 A.M., AND
CONDITIONAL USE PERMIT NO. 2011-16 AS
CONDITIONED TO OPERATE A BANQUET FACILITY,
FOR THE PROPERTY LOCATED AT 515 NORTH MAIN
STREET, UNIT B
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: Conditional Use Permit No. 2011-07 to
allow a Type 47 Alcoholic Beverage Control (ABC) license, Conditional
Use Permit No. 2011-15 to operate a restaurant until 2:00 a.m., and
Conditional Use Permit No. 2011-16 to allow a banquet facility, for the
property located at 515 North Main Street, Unit B.
B. Santa Ana Municipal Code Section 41-2007 requires a conditional use
permit for: the sale of alcoholic beverages for on-site consumption,
businesses operating between the hours of 12:00 a.m. and 7:00 a.m., and
the operation of a banquet facility.
C. Conditional Use Permit No. 2011-07 came before the Zoning
Administrator of the City of Santa Ana on April 20, 2011, for a duly noticed
public hearing. On April 20, 2011, the Zoning Administrator of the City of
Santa Ana continued the matter to April 27, 2011. On April 27, 2011, the
Zoning Administrator of the City of Santa Ana continued the public hearing
to May 4, 2011. On May 4, 2011, the Zoning Administrator of the City of
Santa Ana continued the public hearing to May 18, 2011. On May 18,
2011, the Zoning Administrator of the City of Santa Ana continued the
public hearing to June 8, 2011. On June 8, 2011, the Zoning
Administrator remanded Conditional Use Permit No. 2011-07 to the
Planning Commission to be heard along with Conditional Use Permit Nos.
2011-15 and 2011-16. On July 11, 2011, the Planning Commission held a
duly noticed public hearing on Conditional Use Permit Nos. 2011-07,
2011-15, and 2011-16.
Resolution No. 2011-13
Page 1 of 20
31 A-17
D. The Planning Commission determines that the following findings, which
must be established in order to grant this Conditional Use Permit
pursuant to Santa Ana Municipal Code Section 41-638, have been
established for Conditional Use Permit No. 2011-07 to allow for a Type 47
ABC license:
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 alcohol beverage license will provide an
ancillary service to the restaurant customers by allowing
them the ability to purchase beer, wine and distilled spirits
with their food. This will thereby benefit the community by
providing a restaurant with an additional and complementary
food-related amenity. Conditions have been placed on the
alcoholic beverage control license which will mitigate any
potential 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 license for the on-sale consumption of beer,
wine and distilled spirits at the restaurant will not be
detrimental to persons residing or working in the vicinity
because conditions have been placed on the alcoholic
beverage control license that will mitigate any potential
negative or adverse impacts created by the use. In addition,
the use will occur within the premises and is incidental to the
restaurant use.
3. Will the proposed use 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 restaurant to
compete with other restaurants in the area that also offer
alcoholic beverages for sale to their patrons.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed project will be in compliance
with all applicable regulations and conditions imposed on a
restaurant selling alcohol pursuant to Chapter 41 of the
Santa Ana Municipal Code and the guidelines established by
the Planning Commission for restaurants selling alcohol with
their meal. The facility has the kitchen equipment necessary
Resolution No. 2011-13
Page 2 of 20
31 A-18
to be considered a bona fide restaurant use and is eligible to
obtain a restaurant related alcoholic beverage control
license. Additionally, the restaurant will utilize less than five
percent of the gross floor area for the storage of alcoholic
beverages, which is below the maximum threshold
established by the Planning Commission.
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 an ancillary alcohol license provides a
dining service to the residents of Santa Ana.
E. The Planning Commission determines that the following findings, which
must be established in order to grant this Conditional Use Permit
pursuant to Santa Ana Municipal Code Section 41-638, have been
established for Conditional Use Permit No. 2011-15 to allow for after hours
operation:
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 after hour's operation of the restaurant will
provide an ancillary service to the restaurant customers by
allowing them the ability to dine within a bona fide eating
establishment in the downtown area. This will thereby
benefit the community by providing a restaurant with an
additional and complementary amenity that will operate in
conjunction with established events in the downtown.
Conditions have been placed on the conditional use permit
which will mitigate any potential 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 after hours operation of the restaurant will not be
detrimental to persons residing or working in the vicinity
because conditions have been placed on the conditional use
permit that will mitigate any potential negative or adverse
impacts created by the use. In addition, although the
restaurant will remain open past midnight, the use will occur
within the interior of the premises and will not impact the
surrounding uses. Further, security guards are required to
Resolution No. 2011-13
Page 3 of 20
31 A-19
be located outside the premises. These guards will be able
to control behavior that impacts surrounding uses.
3. Will the proposed use 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 restaurant to
compete with other downtown restaurants that also provide
after hours dining opportunities.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed project will be in compliance
with all applicable regulations and conditions imposed on a
facility operating between the hours of midnight and 7:00
a. m.
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 an ancillary alcohol license provides a
dining service to the residents of Santa Ana.
F. The Planning Commission determines that the following findings, which
must be established in order to grant this Conditional Use Permit
pursuant to Santa Ana Municipal Code Section 41-638, have been
established for Conditional Use Permit No. 2011-16 to allow for a Banquet
Facility:
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 banquet use will provide an ancillary service
to the restaurant customers by allowing them the ability to
have large, private events within the restaurant. This will
thereby benefit the community by providing a restaurant with
an additional and complementary food-related amenity.
Conditions have been placed on the banquet use which will
mitigate any potential impacts created by the use and ensure
that the use will not negatively affect the surrounding
community.
Resolution No. 2011-13
Page 4 of 20
31A-20
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 banquet use at the restaurant will not be
detrimental to persons residing or working in the vicinity
because conditions have been placed on the facility that will
mitigate any potential negative or adverse impacts created
by the use. In addition, the use will occur within the
premises and is incidental to the restaurant use.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed banquet use will not adversely affect the
economic stability of the area, but will instead allow the
restaurant to compete with other restaurants in the area that
also offer large venues to hold private events.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed project will be in compliance
with all applicable regulations and conditions imposed on a
banquet facility pursuant to Chapter 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 an ancillary banquet facility provides a
dining service to the residents of Santa Ana.
G. In accordance with the California Environmental Quality Act the
recommended action is exempt for further review per Section 15301. The
Class 1 exemption allows the licensing of existing facilities with no
expansion of the existing use. Categorical Exemption Environmental
Review No. 2010-141 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana, after
conducting the public hearing, hereby approves Conditional Use Permit No. 2011-07 as
conditioned in Exhibit A attached hereto and incorporated as though fully set forth
herein, Conditional Use Permit No. 2011-15 as conditioned in Exhibit B attached hereto
and incorporated as though fully set forth herein, and Conditional Use Permit No. 2011-
16 as conditioned in Exhibit C 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 Zoning Administrator Action dated
Resolution No. 2011-13
Page 5 of 20
31A-21
April 27, 2011, and exhibits attached thereto; the Request for Zoning Administrator
Action dated May 18, 2011, and exhibits attached thereto; the Request for Planning
Commission Action dated July 11, 2011, and exhibits attached thereto; and the public
testimony, all of which are incorporated herein by this reference.
ADOPTED this 11th day of July 2011 by the following vote:
AYES: Commissioners: Acosta, Alderete, Mill, Nalle, Yrarrazaval (5)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Turner (1)
ABSTENTIONS: Commissioners: Gartner (1)
Eric Alderete
Chairman
APPROVED AS TO FORM:
Joseph A. Straka, Interim City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2011-13 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on July 11, 2011.
Date:
Secretary of the Planning Commission
City of Santa Ana
Resolution No. 2011-13
Page 6 of 20
31A-22
Conditions for Approval of Conditional Use Permit No 2011-07
Conditional Use Permit No. 2011-07 is approved subject to compliance, to the reasonable
satisfaction of the Planning Commission, 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.
A. Planning Division
1. All proposed site improvements must conform to the Site Plan Review
approval of DP No. 2007-61.
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 restaurant must be maintained as a bona fide eating establishment. An
eating establishment as defined by the Alcoholic Beverage Control Board
and the Planning Commission must include the following items:
a. One conventional range/oven
b. An automatic dishwasher
c. A double sink
d. A 25 cubic foot refrigerator
e. A four-foot by six-foot food preparation area
4. The alcoholic beverage storage and display area may not exceed five
percent of the restaurant's gross floor area.
B. Police Department
1. 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.
2. The sale of alcoholic beverages for consumption off the premises is strictly
prohibited.
Exhibit A
Page 1 of 4 Resolution No. 2011-13
Page 7 of 20
31A-23
3. 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 on the premises. Interior displays of
alcoholic beverages or signs, which are clearly visible to the exterior, shall
constitute a violation of this condition.
4. It shall be the 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).
5. The applicant(s) shall be responsible for maintaining free of litter the area
adjacent to the premises under the control of the licensee.
6. 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.
7. Any graffiti painted or marked upon the premises or on any adjacent area
under the control of the licensee(s) shall be removed or painted within 24
hours of being applied.
8. There shall be no pool tables, amusement machines or video games
maintained on the premises at any time.
9. Ambient noise/music shall not be audible beyond 20 feet from the exterior
of the premises in any direction.
10. The sales, service, and consumption of alcoholic beverages shall be
permitted only between the hours of 11:00 a.m. and 2:00 a.m.
11. 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.
12. Neither the applicant, nor any person or entity operating the premises with
the permission of the applicant, shall violate the City's adult entertainment
ordinance contained in SAMC section 12-1 and 12-2.
13. The premises shall not be operated as an adult entertainment business as
such term is defined in Santa Ana Municipal Code section 41-1701.6.
14. This Conditional Use Permit shall be reviewed at six months, at one year
and then annually thereafter by the Police Department for any modification
to the conditions of approval. This review shall include, at a minimum an
analysis to ensure the quarterly gross sales of alcoholic beverages does
Exhibit A
Page 2 of 4 Resolution No. 2011-13
Page 8 of 20
31A-24
not exceed the gross sales of food during the same period Adopted by
the Planning Commission on July 11, 2011
15. 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.
16. Prior to issuance of Letter of Approval to the Alcohol Beverage Control
Board, Police Department Condition No. 15 must be complied with.
17. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
18. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage.
19. Window displays and racks must be kept to a maximum height of three
feet including merchandise.
20. A timed-access cash controller or drop safe must be installed.
21. Install a silent armed robbery alarm
22. At all times, that dancing and/or entertainment is being conducted, the
applicant shall employ a minimum of one uniformed, licensed security
guard for every 100 persons in attendance per event, for keeping the
peace. Mandated security officers will be required to use a radio
frequency and communication equipment that is specified by the Police
Department. Guards will be required to provide escort service to patrons
of the establishment if requested. Mandated security guards will be
required to participate in mutual aid activities with the Police Department
and other guard companies in the downtown area, participate in mutual
aid communications and information sharing meetings.
23. An incident log shall be maintained at the licensed premises on a
continual basis with at least one year of entries and be readily available for
inspection by a police officer. 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,
Exhibit A
Page 3 of 4 Resolution No. 2011-13
Page 9 of 20
31A-25
harassment of passersby, gambling, prostitution, loitering, public urination,
lewd conduct, drug trafficking, or excessive loud noise.
24. The Police Department will require State licensed security guards to
perform crowd control inside and outside of the establishment, based
upon the type of activities anticipated at the location or based upon prior
history of activity at this establishment or other similar businesses.
25. Security personnel required by the conditional use permit issued for the
licensed premises shall be in a uniform or clothing which is readily
identifiable as a security person. They shall maintain order and enforce
the establishment's no loitering policy, and shall take "reasonable steps"
(as that term is defined in subparagraph (3) of Section 24200 of the
California Business and Professions Code) to correct objectionable
conditions that constitute a nuisance.
26. The owner or manager of the licensed premises shall maintain on the
premises a written security policy and procedures manual addressing at a
minimum the following items: Handling obviously intoxicated persons;
establishing a reasonable ratio of employees to patrons, based upon
activity level, in order to monitor beverage sales and patron behavior;
handling patrons involved in fighting or arguing; handling loitering about
the building and in the immediate adjacent area that is owned, leased,
rented or used under agreement by the Licensee(s); verifying
age/checking identification of patrons; warning patrons of reaching their
drinking limit/potential intoxication and refusing to serve; calling the police
regarding observed or reported criminal activity.
27. Applicant must at all times comply with the provisions of SAMC 41-199.1,
including subsection (c) which requires that State licensed security guards
be present at all times that the premises is being used as a banquet
facility.
28.
The facility must at all times operate in
compliance with the provisions of the Santa Ana Municipal code (SAMC)
This will include the prohibition of a cover charge to enter the facility, a
night club use and public dancing except as allowed pursuant to Chapter
11 of SAMC. Adopted by the Planning Commission on July 11, 2011
Exhibit A
Page 4 of 4
Resolution No. 2011-13
Page 10 of 20
31A-26
Conditions for Approval of Conditional Use Permit No 2011-15
Conditional Use Permit No. 2011-15 is approved subject to compliance, to the reasonable
satisfaction of the Planning Commission, 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.
A. Planning Division
All proposed site improvements must conform to the Site Plan Review
approval of DP No. 2007-61.
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 restaurant must be maintained as a bona fide eating establishment. An
eating establishment as defined by the Alcoholic Beverage Control Board
and the Planning Commission must include the following items:
a. One conventional range/oven
b. An automatic dishwasher
c. A double sink
d. A 25 cubic foot refrigerator
e. A four-foot by six-foot food preparation area
4. The alcoholic beverage storage and display area may not exceed five
percent of the restaurant's gross floor area.
B. Police Department
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.
2. The sale of alcoholic beverages for consumption off the premises is strictly
prohibited.
Exhibit B
Page 1 of 5 Resolution No. 2011-13
Page 11 of 20
31A-27
3. 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 on the premises. Interior displays of
alcoholic beverages or signs, which are clearly visible to the exterior, shall
constitute a violation of this condition.
4. It shall be the 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).
5. The applicant(s) shall be responsible for maintaining free of litter the area
adjacent to the premises under the control of the licensee.
6. 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.
7. Any graffiti painted or marked upon the premises or on any adjacent area
under the control of the licensee(s) shall be removed or painted within 24
hours of being applied.
8. There shall be no pool tables, amusement machines or video games
maintained on the premises at any time.
9. Ambient noise/music shall not be audible beyond 20 feet from the exterior
of the premises in any direction.
10. The sales, service, and consumption of alcoholic beverages shall be
permitted only between the hours of 11:00 a.m. and 2:00 a.m.
11. 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.
12. Neither the applicant, nor any person or entity operating the premises with
the permission of the applicant, shall violate the City's adult entertainment
ordinance contained in SAMC section 12-1 and 12-2.
13. The premises shall not be operated as an adult entertainment business as
such term is defined in Santa Ana Municipal Code section 41-1701.6.
Exhibit B
Page 2 of 5
Resolution No. 2011-13
Page 12 of 20
31A-28
14. This Conditional Use Permit shall be reviewed at six months, at one year
and then annually thereafter by the Police Department for any modification
to the conditions of approval. The review shall include, at a minimum an
analysis to ensure the quarterly gross sales of alcoholic beverages does not
exceed the gross sales of food during the same period Adopted by the
Planning Commission on July 11, 2011.
15. 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.
16. Prior to issuance of Letter of Approval to the Alcohol Beverage Control
Board, Police Department Condition No. 15 must be complied with.
17. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
18. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage.
19. Window displays and racks must be kept to a maximum height of three feet
including merchandise.
20. A timed-access cash controller or drop safe must be installed.
21. Install a silent armed robbery alarm
22. At all times, that dancing and/or entertainment is being conducted, the
applicant shall employ a minimum of one uniformed, licensed security guard
for every 100 persons in attendance per event, for keeping the peace.
Mandated security officers will be required to use a radio frequency and
communication equipment that is specified by the Police Department.
Guards will be required to provide escort service to patrons of the
establishment if requested. Mandated security guards will be required to
participate in mutual aid activities with the Police Department and other
guard companies in the downtown area, participate in mutual aid
communications and information sharing meetings.
Exhibit B
Page 3 of 5
Resolution No. 2011-13
Page 13 of 20
31A-29
23. An incident log shall be maintained at the licensed premises on a continual
basis with at least one year of entries and be readily available for inspection
by a police officer. 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, or
excessive loud noise.
24. The Police Department will require State licensed security guards to
perform crowd control inside and outside of the establishment, based upon
the type of activities anticipated at the location or based upon prior history
of activity at this establishment or other similar businesses.
25. Security personnel required by the conditional use permit issued for the
licensed premises shall be in a uniform or clothing which is readily
identifiable as a security person. They shall maintain order and enforce the
establishment's no loitering policy, and shall take "reasonable steps" (as
that term is defined in subparagraph (3) of Section 24200 of the California
Business and Professions Code) to correct objectionable conditions that
constitute a nuisance.
26. The owner or manager of the licensed premises shall maintain on the
premises a written security policy and procedures manual addressing at a
minimum the following items: Handling obviously intoxicated persons;
establishing a reasonable ratio of employees to patrons, based upon activity
level, in order to monitor beverage sales and patron behavior; handling
patrons involved in fighting or arguing; handling loitering about the building
and in the immediate adjacent area that is owned, leased, rented or used
under agreement by the Licensee(s); verifying age/checking identification of
patrons; warning patrons of reaching their drinking limit/potential intoxication
and refusing to serve; calling the police regarding observed or reported
criminal activity.
27. Applicant must at all times comply with the provisions of SAMC 41-199.1,
including subsection (c) which requires that State licensed security guards
be present at all times that the premises is being used as a banquet facility.
Exhibit B
Page 4 of 5
Resolution No. 2011-13
Page 14 of 20
31A-30
28
. The facility must at all times operate in compliance with
the provisions of the Santa Ana Municipal Code (SAMC) This will include
the prohibition of a cover charge to enter the facility, a night club use and
public dancing, except as allowed pursuant to Chapter 11 of the SAMC
Adopted by the Planning Commission on July 11, 2091
Exhibit B
Page 5 of 5
Resolution No. 2011-13
Page 15 of 20
31A-31
31A-32
Conditions for Approval of Conditional Use Permit No 2011-16
Conditional Use Permit No. 2011-16 is approved subject to compliance, to the reasonable
satisfaction of the Planning Commission, 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.
A. Planning Division
1. All proposed site improvements must conform to the Site Plan Review
approval of DP No. 2007-61.
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 restaurant must be maintained as a bona fide eating establishment. An
eating establishment as defined by the Alcoholic Beverage Control Board
and the Planning Commission must include the following items:
a. One conventional range/oven
b. An automatic dishwasher
c. A double sink
d. A 25 cubic foot refrigerator
e. A four-foot by six-foot food preparation area
4. The alcoholic beverage storage and display area may not exceed five
percent of the restaurant's gross floor area.
B. Police Department
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.
2. The sale of alcoholic beverages for consumption off the premises is strictly
prohibited.
Exhibit C
Pagel of 5 Resolution No. 2011-13
Page 16 of 20
31A-33
3. 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 on the premises. Interior displays of
alcoholic beverages or signs, which are clearly visible to the exterior, shall
constitute a violation of this condition.
4. It shall be the 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).
5. The applicant(s) shall be responsible for maintaining free of litter the area
adjacent to the premises under the control of the licensee.
6. 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.
7. Any graffiti painted or marked upon the premises or on any adjacent area
under the control of the licensee(s) shall be removed or painted within 24
hours of being applied.
8. There shall be no pool tables, amusement machines or video games
maintained on the premises at any time.
9. Ambient noise/music shall not be audible beyond 20 feet from the exterior
of the premises in any direction.
10. The sales, service, and consumption of alcoholic beverages shall be
permitted only between the hours of 11:00 a.m. and 2:00 a.m.
11. 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.
12. Neither the applicant, nor any person or entity operating the premises with
the permission of the applicant, shall violate the City's adult entertainment
ordinance contained in SAMC section 12-1 and 12-2.
13. The premises shall not be operated as an adult entertainment business as
such term is defined in Santa Ana Municipal Code section 41-1701.6.
Exhibit C
Page 2 of 5
Resolution No. 2011-13
Page 17 of 20
31A-34
14. This Conditional Use Permit shall be reviewed at six months, at one year
and then annually thereafter by the Police Department for any modification
to the conditions of approval. This review shall include, at a minimum an
analysis to ensure the quarterly gross sales of alcoholic beverages does
not exceed the gross sales of food during the same period. Adopted by
the Planning Commission on July 11, 2011
15. 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.
16. Prior to issuance of Letter of Approval to the Alcohol Beverage Control
Board, Police Department Condition No. 15 must be complied with.
17. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
18. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage.
19. Window displays and racks must be kept to a maximum height of three feet
including merchandise.
20. A timed-access cash controller or drop safe must be installed.
21. Install a silent armed robbery alarm
22. At all times, that dancing and/or entertainment is being conducted, the
applicant shall employ a minimum of one uniformed, licensed security
guard for every 100 persons in attendance per event, for keeping the
peace. Mandated security officers will be required to use a radio
frequency and communication equipment that is specified by the Police
Department. Guards will be required to provide escort service to patrons
of the establishment if requested. Mandated security guards will be
required to participate in mutual aid activities with the Police Department
and other guard companies in the downtown area, participate in mutual
aid communications and information sharing meetings.
Exhibit C
Page 3 of 5
Resolution No. 2011-13
Page 18 of 20
31A-35
23. An incident log shall be maintained at the licensed premises on a continual
basis with at least one year of entries and be readily available for inspection
by a police officer. 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, or
excessive loud noise.
24. The Police Department will require State licensed security guards to
perform crowd control inside and outside of the establishment, based upon
the type of activities anticipated at the location or based upon prior history
of activity at this establishment or other similar businesses.
25. Security personnel required by the conditional use permit issued for the
licensed premises shall be in a uniform or clothing which is readily
identifiable as a security person. They shall maintain order and enforce the
establishment's no loitering policy, and shall take "reasonable steps" (as
that term is defined in subparagraph (3) of Section 24200 of the California
Business and Professions Code) to correct objectionable conditions that
constitute a nuisance.
26. The owner or manager of the licensed premises shall maintain on the
premises a written security policy and procedures manual addressing at a
minimum the following items: Handling obviously intoxicated persons;
establishing a reasonable ratio of employees to patrons, based upon activity
level, in order to monitor beverage sales and patron behavior; handling
patrons involved in fighting or arguing; handling loitering about the building
and in the immediate adjacent area that is owned, leased, rented or used
under agreement by the Licensee(s); verifying age/checking identification of
patrons; warning patrons of reaching their drinking limit/potential intoxication
and refusing to serve; calling the police regarding observed or reported
criminal activity.
27. Applicant must at all times comply with the provisions of SAMC 41-199.1,
including subsection (c) which requires that State licensed security guards
be present at all times that the premises is being used as a banquet facility.
Exhibit C
Page 4 of 5
Resolution No. 2011-13
Page 19 of 20
31A-36
28.
The facility must at all times operate in
compliance with the provisions of the Santa Ana Municipal Code (SAMC)
This will include the prohibition of a cover charge to enter the facility, a
night club use and public dancing except as allowed pursuant to Chapter
11 of the SAMC. Adopted by the Planning Commission on July 11,
2011
Exhibit C
Page 5 of 5
Resolution No. 2011-13
Page 20 of 20
31A-37
31A-38