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HomeMy WebLinkAboutZA FULL PACKET 2012-02-15February 15, 2012 City Hall Ross Annex Second Floor Conference Room 20 Civic Center Plaza, Santa Ana, CA 92701 CALL TO ORDER: 10:30 a.m. Zoning Administrator: Sergio Klotz Recording Secretary: Jocelyn Magalona 1. CONDITIONAL USE PERMIT NO. 2012-01 (Ali Pezeshkpour) Tai Pham, representing The Boiling Crab Costa Mesa, LLC, is requesting approval of a conditional use permit for a Type 41 Alcoholic Beverage Control (ABC) license for the on-premise sale and consumption of beer and wine at The Boiling Crab restaurant at 1500 West MacArthur Boulevard. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC). PUBLISHED IN THE ORANGE COUNTY REPORTER: February 3, 2012 PUBLICLY NOTICED: February 2, 2012 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2012-01 as conditioned. 2. Public Comments Adjournment If you need special assistance to participate in this Zoning Administrator meeting, please contact Ellen Smiley, City ADA Program Coordinator, at (714) 647-5340. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Members of the public are allowed three (3) minutes to speak on each agenda item, but when any group desires to address the committee, the committee may request that its members agree on a spokesperson to make the presentation. ZONING ADMINISTRATOR PUBLIC HEARING REQUEST FOR Zoning Administrator Action BONING ADMINISTRATOR MEETING DATE: FEBRUARY 15, 2012 TITLE: PUBLIC HEAR[NG -FILED BY TAl PRAM FOR CONDITIONAL USE PERMIT NO. 2012-01 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE BOILING CRAB RESTAURANT AT 1500 WEST MACARTHUR BOULEVARD Prepared by Ali Pezeshk RECOMMENDED ACTION PLANNING COMMISSION Sl~CRETARY APPROVED © As Recommended © As Amended © Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO ~~~ Planning Man ger Adapt a resolution approving Conditional Use Permit No. 2012-01 as conditioned. Request of Applicant Tai Pham, representing The Boiling Crab Costa Mesa, LLC, is requesting approval of a conditional use permit for a Type 41 Alcoholic Beverage Control {ABC) license for the on-premise sale and consumption of beer and wine at The Boiling Crab restaurant at 1500 West MacArthur Boulevard. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The Boiling Crab is in the process of locating within an existing, 21.36-acre, multi-tenant commercial development Known as Metro Town Square that is located at the southwest corner of South Bristol Street and West MacArthur Boulevard. The site is anchored by a Vons grocery store and contains numerous eating establishments. The tenant proposes to obtain a Type 41 ABC license for the on- premise consumption of beer and wine. The freestanding building at 1500 West MacArthur contains 8,500 square feet. The overall site contains 1,227 parking spaces and is surrounded by residential uses to the west and commercial uses to the north, east, and south. No outdoor seating is proposed for this project (Exhibits 1 and 2). Proiect Description The Boiling Crab restaurant is requesting approval of a Type 41 Alcoholic Beverage Control {ABC) license to allow the on-premise sale of beer and wine within the entire eating establishment following its completion. The restaurant will be a full service, sit-down eating establishment that will hold Conditional Use Permit No. 2012-01 February 15, 2012 Page 2 approximately 189 seats within its dining room. The on-premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The proposed hours of operation for the restaurant are weekdays from 3:00 p.m. to 10:00 p.m. and weekends from 12:00 noon to 10:00 p.m. Storage and display areas for alcoholic beverages will be located within awalk-in cooler, a general storage room in the kitchen area, and near the front counter area. The overall storage and display of alcohol consists of approximately 82 square feet, which is less than one percent of the floor area and is less than five percent of the gross floor area of the restaurant. This falls below the Planning Division Guidelines for establishments serving alcoholic beverages {Exhibits 3 and 4). Project Background The proposed project seeks to occupy astand-alone restaurant space that once housed a Sumo Sushi & Seafood Buffet restaurant from 1997 to 2008. Sumo previously held an ABC license (Conditional Use Permit No. 1997-07) for its restaurant operations. However, since the restaurant space has been empty for over one year, a new CUP is required to permit the sale of alcohol at the site. The Boiling Crab is a national franchise chain of restaurants specializing in seafood. This business is currently in the process of conducting tenant improvements and has pulled permits far the project within the last six months. In order to display and sell alcohol, a conditional use permit is required. General Plan and Zoning Consistency The General Plan land use designation for the site is District Center {GC). District Center land-use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with this General Plan land use designation. The parcel is located within the General Commercial {C-2) zoning district. The C-2 zoning district allows far 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. Conditional Use Permit No. 2012-01 February 15, 2012 Page 3 • 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 permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the fallowing analysis, which, in turn farms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. • The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer and wine with their food throughout the establishment. 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. • The proposed license for the on-sale consumption of beer and wine at this location 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. • 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. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code and the guidelines established by the Planning Commission far 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. Conditional Use Permit No. 2012-01 February 15, 2012 Page 4 • 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 goads and services. A restaurant with an ancillary alcohol license provides 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 overconcentration 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. The Police Department has evaluated the applicant`s request and believes that the proposed ABC license will not adversely affect the surrounding community. The Police Department considered two factors when reviewing this type of application: crime rate and sensitive land uses. It has been determined that 1500 West MacArthur Boulevard is located in an area that is average in police-related incidents. This site is located within Reporting District Na. 131, which ranks 36Eh out of 102 citywide districts in total number of police-related incidents. No sensitive uses were found in the immediate area that might be impacted by this action. Public Notification The project site is not located within the boundaries of an established, organized neighborhood. The following surrounding neighborhoods, South Coast, Republic Homes, and Metro Classic, were notified of this project. In addition, the project site 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 Com fiance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061 {b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2011-29 will be filed for this project. Conditional Use Permit No. 2012-01 February 15, 2012 Page 5 Conclusion Based on the analysis provided within this report, staff recommends that the Zoning Administrator approve Conditional Use Permit No. 2012-01 as conditioned. Ali Pezesh pour Planning Intern ~----, Vince Fregoso, A P Principal Planner AP:jm ap~reporfslCUP12-U1 Bailing Crab ABC.za Attachments: Exhibit 1 -Vicinity Map Exhibit 2 -Location Map Exhibit 3 -Site Plan Exhibit 4 -Floor Plan ' 1Ri~PR- I {3 ~~ SRI j I ~4'. ~ l~~ I _ aAl- RI~ ~ Rl- RI- i Rl-PRO ~ ftl', PRO °, PRO ~ PRO s i - PRn ~~i ~ ~ ~ I RA1 fr MI RI-PRD n `I M1 '~R~„ I R] ~~ Rl Cf Ra R4 ~~ II II II -I I--~~ SIJi~FLOWE CR R9 _sss.f= ~l~w, R~..........~ ~. r~"""."""."""'1 ~ G° ~~ ) .~ ~~ Rl `'~ R 1 ~+ C3 ~ ~`~ Ai CSJffb1LAGffiOJLTlJRALt (R OCMMffr1ALR~t)9~TRAL Rl SN(i~FAM€LYRT~f~C3dltA1 -B A1Po4NGh!OgRC411QV GC G~h1RJT~,ITE2 R2 1410FPNJLVI~DBJCE G3,1 CDMM6YlALNU111hfWN Mf Lld-fTINGUSff~AL KS h4L~.11Pl.EbBJ91YMUL11FtE Ct GCMMIAVRYCCMMl3'tL1L M2 H64V~'iN4U5R~A1. 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CALE~NS COMMON -- --..~`_- ---_-_.._ _3 _.E L € °'.` ~~ Y i }~;XH1IiIT 3 ............ . _ 4DLZ6 b'~ 'did b'.lNHS .- ~ titie ci r++.u :.sa ~ _ an~a an~.~ziv acv nn DD41 __ C1353n32[ Ntfld ?30013 8~ j~~ N f 1 f O 8~ H 1 ~ a `. ! M M i r T O O ~~ r~o~~ ~~~ ~ ~~ d. O N Q U Q Z Q ~-y~ Z W ~ U~ m C7 ~ Z~ Q OQ W Z ~ r ~{{~ Q S~~J-"~ ~~ ~A ;~SU+Y / [7 1 . r ®a' s - ~~ I 6i ~_` 6 E 8 Esr _- ` .~ # ~ ~ ' ~b s ~ g ~ ~ l~ x ° b = = s .~, ~~ ~ ~~ ~ g$ sa a i ~ ~' ~~ L~J, i ~ _' ~' +, ~, ~~~ ` . x ~ b x ~ ~ rc gK U u"i O ~ w ~ ~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ ~ ~ ~ t- ~ ~ Q m u ~ f! e ~ e f< a ~ e ~ r f! ~ ~ s ~ s ~ a f s f z ~ ~ ~ ~ t e s t e ~ s f ~ ~ s g ~ g ~= + S ~ ~ ~ I4 ~ Az k 8 ~ £ {~ ~~ C ~ !f L ~~ V s e a a a a - e a e - U ? 6 ~ O z ~: z J 0 I~;XHI[3lT 4 ROFf - 02/15/12 RESOLUTION NO. 2012-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012-01 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1500 WEST MACARTHUR BOULEVARD BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Conditional Use Permit No. 2012- 01 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine at the restaurant located at 1500 West MacArthur Boulevard. B. Conditional Use Permit No. 2012-01 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on February 15, 2012. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption. D. Santa -Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to approve 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 community? The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer and wine 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. Resolution Igo. 2012-xx Page 1 of 6 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 and wine 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 beer and wine 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 #o 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. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Resolution No. 2o'f2-xx Page 2 of 6 Categorical Exemption Environmental Review No. 2011-29 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby approves Conditional Use Permit No. 2012-01 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated February 15, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 15th day of February, 2012. Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Joseph Straka, Interim City Attorney Bv: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest #o and certify the attached Resolution No. 2012-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on February 15,.2012. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2092-xx Page 3 of 8 Conditions for Conditional Use Permit No. 2012-01 Conditional Use Permit No. 2012-01 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 Cade, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or_ 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. 2011-33. 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 rangeloven 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. 5. There shall be no gaming devices, such as pool tables, pinball machines, motion picture booths, etc, within the premises. 6. There shall be no conduct or entertainment allowed on the premises as prohibited by Chapter 12 0# the Santa Ana Municipal Code (SAMC). 7. There shall be no outdoor sales or consumption of alcohol. Exhibit A Page 1 of 3 Res©lution No. 2092-xx Page 4 of 6 B. Police De artment 1. There shall be no fixed bar ar lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcahoGc beverages directly to patrons. 2, The service of alcoholic beverages shall be by waiter/waitress service only. 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. 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 sale of alcoholic beverages far consumption off the premises is strictly prohibited. 7. There shall be no exterior advertising of arty kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. $. 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), with the exception of the enclosed patio area. S. The applicant{s} shall be responsible for maintaining free of kitter the area adjacent to the premises under the control of the Ilcensee. 10. There shall be no public telephones located an the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 11. The petitioner{s} shall be responsible for maintaining the premises free of graffiti. All graffiti must be removed within 2~4 hours of occurrence. 12. There shall be no pool tables, coin operated games, or video machines maintained upon the premises at any time. Exhibit A Page 2 of 3 Resolukion No. 2012-xx Page 5 of 6 13. There shall be no live entertainment, amplified music or dancing on the premises. 14. Ambient noiselmusic shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of $:00 a.m. and 12:00 midnight. 16. This land use authorization is only for a Type 41 on-sale beer, public eating place, any other license use at this location will require a new land use clearance. 17. 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. 18. 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. 18. 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. 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, doorlwindow 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. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 23. Window displays must be kept to a minimum far maximum visibility and shall not exceed 25 percent of window coverage. 24. Window displays and racks must be kept to a maximum height of three feet including merchandise. 25. Atimed-access cash controller or drop safe must be installed. 26. Install a silent armed robbery alarm. Exhlblt A Resolution No. 2012-xx Page 3 of 3 Page s of 6