HomeMy WebLinkAbout31B - CUP - 305 E FOURTH STREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 16, 2013
TITLE:
CONDITIONAL USE PERMIT NO. 2013-15 TO
ALLOW A TYPE 41 ALCOHOLIC BEVERAGE
CONTROL LICENSE, CONDITIONAL USE PERMIT
NO. 2013-16 TO ALLOW AFTER-HOURS
OPERATION, AND CONDITIONAL USE PERMIT NO.
2013-17 TO ALLOW A BANQUET USE FOR THE
NATIVE SON ALEHOUSE AT 305 EAST FOURTH
STREET, UNIT 200JON SANCHEZ, APPLICANT
,
Kam: '
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1" Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2013-15 as conditioned,
Conditional Use Permit No. 2013-16 as conditioned, and Conditional Use Permit No. 2013-17 as
conditioned.
PLANNING COMMISSION ACTION
On August 26, 2013, the Planning Commission adopted a resolution approving Conditional Use
Permit No. 2013-15 as conditioned for a Type 41 Alcoholic Beverage Control license in order to
sell beer and wine for on-premise consumption; Conditional Use Permit No. 2013-16 as
conditioned to allow after-hour operations; and Conditional Use Permit No. 2013-17 as
conditioned to allow a banquet facility by a vote of 7:0 at the Native Son Alehouse restaurant
located at 305 East Fourth Street, Unit 200 in the Transit Zoning-Downtown (SD84) zoning
district. The Planning Commission made no changes to the recommended conditions of
approval outlined in the attached staff report (Exhibit A).
DISCUSSION
Native Son Alehouse will be a full-service, sit-down restaurant that will feature an indoor dining
area, as well as a large outdoor patio. The restaurant will be located on the second floor of an
existing building at 305 E. 4th Street and will occupy a space that is currently vacant. The
approval of these CUPS would allow for the sale and service of beer and wine in conjunction with
food sales, extension of the hours of operation until 2:00 a.m., and the ability to hold banquet
events.
31 B-1
CUP Nos. 2013-15, 2013-16 & 2013-17
September 16, 2013
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
J . Trevino
Executive Director
Planning & Building Agency
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hs:VNativeSonAlehouse\cupi3-15thru13-18 NativeSonAlehouse.cc
Exhibit: A. Planning Commission Staff Report
31 B-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
AUGUST 26, 2013
TITLE:
PUBLIC HEARING - FILED BY JON SANCHEZ FOR
CONDITIONAL USE PERMIT NO. 2013-15 TO ALLOW
A TYPE 41 ALCOHOLIC BEVERAGE CONTROL
LICENSE, CONDITIONAL USE PERMIT NO. 2013-16
TO ALLOW AFTER-HOURS OPERATION, AND
CONDITIONAL USE PERMIT NO. 2013-17 TO ALLOW A
BANQUET USE FOR THE NATIVE SON ALEHOUSE AT
305 EAST FOURTH STREET, UNIT 200
Prepared by Hally Soboleske
xecutive Director
RECOMMENDED ACTION
PLANNING COMMISSION SECRETARY
APPROVED
? As Recommended
? As Amended
? Set Public Hearing For
DENIED
? Applicant's Request
? Staff Recommendation
CONTINUED TO
I?C Planning Man er
Adopt a resolution approving Conditional Use Permit No. 2013-15 as conditioned for a Type 41
ABC license.
2. Adopt a resolution approving Conditional Use Permit No. 2013-16 as conditioned to allow after-hour
operations.
3. Adopt a resolution approving Conditional Use Permit No. 2013-17 as conditioned to allow a
banquet facility.
DISCUSSION
Request of Applicant
Jon Sanchez is requesting approval of three conditional use permits for the proposed Native Son
Alehouse restaurant at 305 East Fourth Street, Unit 200. Specifically, the applicant is requesting
approval to allow a Type 41 Alcoholic Beverage Control (ABC) license for the on-premise sale and
consumption of beer and wine pursuant to Section 41-196 of the Santa Ana Municipal Code
(SAMC), to allow the restaurant to remain open until 2:00 a.m. per Section 41-2007 of the SAMC
and to allow a banquet use pursuant to Section 41-2008 of the SAMC.
This is the first application for an alcohol license CUP since the City revised Planning Commission
Resolution No. 89-7, which had delegated authority to the Zoning Administrator to act on alcohol
sales conditional use permits. Moreover, the passage of ZOA No. 2012-03/Ordinance No. NS-2847
amended Chapters 11 and 41 of the SAMC as they relate to alcohol and entertainment. Among
these amendments, conditions for alcohol sales CUPS were standardized and codified.
EXHIBIT A
31 B-3
CUP Nos. 2013-15,2013-16 & 2013-17
August 26, 2013
Page 2
Project Location and Site Description
The applicant proposes to operate The Native Son Alehouse restaurant within an existing 2,945
square foot tenant space that is located on East Fourth Street between North French Street and North
Spurgeon Street. The business will occupy the entire second floor space that is currently vacant, as
well as an outdoor patio area. The first floor of the building will continue to be utilized by various
restaurant and retail tenants. The building is immediately east of the Fiesta Twin Theaters.
The site is surrounded by a parking structure to the north, Plaza Santa Ana to the east, the East End
Marketplace to the south, and various commercial land uses to the west (Exhibits 1, 2 and 3).
Project Description
The Native Son Alehouse is requesting approval of a Type 41 Alcoholic Beverage Control (ABC)
license to allow the on-premise consumption of beer and wine, to allow the restaurant to remain open
past midnight and to hold banquet events. The restaurant will be a full-service, sit-down eating
establishment that consists of 1,710 square feet of interior floor space with seating for approximately
66 patrons within its dining room and another 121 seats on a 1,235 square foot outdoor patio. The
on-premise sale of alcoholic beverages and banquet operation are intended to provide a service
ancillary to the primary restaurant use. The proposed hours of operation for the restaurant are from
11:00 a.m. to 1:00 a.m. Sunday through Thursday, and 11:00 a.m. to 2:00 a.m. on Friday and
Saturday.
The storage area for alcoholic beverages will be located within a cooler near the rear of the restaurant.
The overall storage area for alcoholic beverages is approximately 70 square feet in size, which is less
than five percent of the interior gross floor area of the restaurant and is consistent with the SAMC
requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol
storage and display (Exhibits 4 and 5).
Project Background
Jon Sanchez graduated from USC's Marshall School of Business. His food industry experience is
quite extensive with over 10 years of experience at food service and consumer packaged goods
companies. He has worked in both the restaurant business and the food service business as an
account manager.
General Plan and Zoning Consistencv
The General Plan land use designation for the site is District Center (DC). 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. The project site is
consistent with this General Plan land use designation.
31 B-4
CUP Nos. 2013-15, 2013-16 & 2013-17
August 26, 2013
Page 3
The parcel is located within the Transit Zoning Code (SD-84) zoning district in the Downtown (DT)
sub-zone. The SD-84 zoning district allows for service and retail uses such as a restaurant.
Further, the zoning allows for the sale of alcoholic beverages, after-hours operations and banquet
facilities subject to issuance of a conditional use permit. This project is consistent with the SD-84
zoning designation.
Proiect 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 permit. 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 request, staff believes that the following findings of fact
warrant approval of the conditional use permits.
Conditional Use Permit No. 2013-15 for a Type 41 ABC license
The Native Son Alehouse is requesting approval of a Type 41 Alcoholic Beverage Control (ABC)
license to allow the on-premise consumption of beer and wine. The applicant intends to sell alcoholic
beverages as an ancillary service to the primary restaurant use. Staff has reviewed the applicant's
request and has determined that the proposed establishment is in compliance with the standards for
establishments selling alcoholic beverages.
31 B-5
CUP Nos. 2013-15, 2013-16 & 2013-17
August 26, 2013
Page 4
• The proposed alcoholic beverage license will not be detrimental to persons residing or working in
the vicinity but will provide a beneficial service that will help the Downtown area become a
destination point. 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 alcoholic beverage control license for a restaurant 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. Additionally, the use will serve both visitors and the local and regional business
community.
• The proposed use will not adversely affect the economic stability of the area, but will instead allow
local businesses and the downtown area to become a destination area. Moreover, the offering of
various food offerings allows the Downtown to remain economically viable and contributes to the
overall success of Downtown Santa Ana, helping to decrease the number of vacant tenant spaces
that may affect the economic viability of the site.
• 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.
• 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
variety of restaurants in Downtown Santa Ana contributes to the economic success of the City as
a shopping and dining destination and will provide an additional dining service to the residents of
Santa Ana.
Conditional Use Permit No. 2013-16 to allow after-hour operations
Santa Ana Municipal Code (SAMC) Section 41-2007 (Table 2A) requires a conditional use permit for
any eating establishment with hours of operation between 12:00 a.m. and 7:00 a.m. The proposed
hours of operation are 11:00 a.m. to 1:00 a.m. Sunday through Thursday, and 11:00 a.m. to 2:00
a.m. on Friday and Saturday which is consistent with the operating hours of the other downtown
restaurants. The Native Son Alehouse proposes to be open for lunch and dinner. There are no
sensitive land uses that will be adversely impacted from the extended hours of operation. Uses
such as residential properties and schools are not located within 150 feet of this lot. Further,
conditions of approval will prohibit the use of exterior amplified music and outdoor patio lighting from
being directed towards other properties or the right-of-way.
31 B-6
CUP Nos. 2013-15,2013-16 & 2013-17
August 26, 2013
Page 5
The proposed after-hours operation will provide an ancillary service to the restaurant customers by
allowing them the ability to offer meals after 12:00 midnight, thereby providing an additional dining
option within the downtown area. This will benefit the community by providing a restaurant with an
additional and complementary food-related amenity. The after-hours operation is consistent with
that of other restaurants in the downtown and offers customers another late night dining alternative.
Conditions have been placed on the after-hours permit that will mitigate any potential impacts
created by the use and ensure that the use will not negatively affect the surrounding community.
The proposed after-hours operation is consistent with other restaurants operating in the downtown,
and provides additional food choices for local residents and visitors. The after-hours operation will
not be detrimental to persons residing or working in the vicinity because conditions have been
placed on the permit that will mitigate any potential negative or adverse impacts created by the use.
In addition, the after-hours dining will primarily occur within the premises and will not create adverse
impacts.
The proposed use will not adversely affect the economic stability of the area, but will instead allow
the restaurant to compete with other nearby restaurants that also offer after hours meals to their
patrons. Moreover, the late night hours allows the restaurant to remain economically viable and
contributes to the overall success of the downtown area in which it is located, helping to decrease
the number of vacant tenant spaces that may affect the economic viability of the site. After-hours
operation will contribute to the success of downtown by widening the time frame that food service is
available thereby encouraging customers to stay longer in the downtown.
As conditioned, the proposed project will be in compliance with all applicable regulations and
conditions imposed on a restaurant open after 12 midnight pursuant to Chapter 41 of the Santa Ana
Municipal Code.
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 which operates after hours will provide a dining service to the residents of Santa Ana.
Conditional Use Permit No. 2013-17 to allow a banquet facility
The Native Son Alehouse restaurant also proposes an ancillary banquet facility, which would allow it
to be closed to the general public for private events. The intent is to operate a full service restaurant;
however, private events may be allowed on certain occasions. Per the SAMC, banquet facilities must
have a kitchen facility, sanitation facilities, and a licensed security guard for every 100 persons in
attendance per event. As proposed, the project meets or exceeds the standards for a banquet use.
The allowance of a banquet facility at the restaurant will be consistent with several downtown
restaurants and will result in a restaurant that maintains a stronger economic viability due to the ability
to host private events.
31 B-7
CUP Nos. 2013-15, 2013-16 & 2013-17
August 26, 2013
Page 6
• The proposed banquet facility permit will provide an ancillary service to the restaurant and their
customers by providing a viable space to host special functions. This will benefit the community by
providing a restaurant with an additional and complementary food-related amenity within the
downtown area. Conditions have been placed on the banquet facility permit that will mitigate any
potential impacts created by the use and ensure that the use will not negatively affect the
surrounding community.
• The proposed banquet facility permit at location will not be detrimental to persons residing or
working in the vicinity because conditions have been placed on the permit that will mitigate any
potential negative or adverse impacts created by the use. In addition, a banquet facility at this
location will provide an ancillary service to the community, will occur within the premises and is
incidental to the primary 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 nearby restaurants that also offer banquet facility for special
events and functions. Moreover, the banquet use will allow the restaurant to remain economically
viable and contributes to the overall success of the downtown area in which it is located, helping to
decrease the number of vacant tenant spaces that may affect the economic viability of the site.
• As conditioned, the proposed project will be in compliance with all applicable regulations and
conditions imposed on a restaurant operating a banquet use pursuant to Chapter 41 of the Santa
Ana Municipal Code.
• 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 a banquet facility will provide an additional 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
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.
Since the City's overconcentration standards do not apply to on-sale establishments, the Police
Department considered two factors when reviewing this type of application: crime rate and sensitive
land uses. It has been determined that 305 East Fourth Street has an above average number of
reported crimes when compared to all crime reporting districts based on standards established
under B&P Code Section 23958.4.
31 B-8
CUP Nos. 2013-15, 2013-16 & 2013-17
August 26, 2013
Page 7
The area of 305 East Fourth Street is located in Reporting District No. 185. This district is above
average in police-related incidents and ranks 9th out of 102 citywide reporting districts. The
proposed restaurant is also within 198 feet of residential property and within 514 feet of church
property.
The Police Department is concerned that this establishment may not consistently operate as a bona
fide eating establishment. For that reason, conditions are recommended to mitigate any negative
impacts this operation may have on adjacent residences, and prevent it from generating police calls
for service.
Public Notification
The project site is located within the boundaries of the Downtown Neighborhood Association.
Representatives from this Neighborhood Association were notified of this project. The project site
was also posted with a notice advertising this public hearing, and a notice was published in the
Orange County Reporter and mailed notices were sent to all property owners and tenants 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 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. 2013-40 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. 2013-15, 2013-16 and 2013-17 as conditioned.
------------
Hally Sobole keS Cobole
Associate Planner
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Attachments:
Exhibit 1 -Vicinity Map
Exhibit 2 - Location Map
Exhibit 3 - Photo of location
Exhibit 4 - Site Plan
Exhibit 5 - Floor Plan
Vince Fregoso, IP
Principal Planner
31 B-9
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ROH - 08/26/13
RESOLUTION NO. 2013-14
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING: CONDITIONAL
USE PERMIT NO. 2013-15 AS CONDITIONED TO ALLOW
A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE,
CONDITIONAL USE PERMIT NO. 2013-16 AS
CONDITIONED TO ALLOW AFTER-HOURS OPERATION,
AND CONDITIONAL USE PERMIT NO. 2013-17 AS
CONDITIONED TO ALLOW A BANQUET USE, FOR THE
PROPERTY LOCATED AT 305 EAST FOURTH STREET,
UNIT 200
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. 2013-15 to
allow a Type 41 Alcoholic Beverage Control (ABC) license, Conditional
Use Permit No. 2013-16 to allow after-hours operations, and Conditional
Use Permit No. 2013-17 to allow a banquet use, for the property located at
305 East Fourth Street, Unit 200.
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. On August 26, 2013, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2013-15, Conditional Use Permit
No. 2013-16, and Conditional Use Permit No. 2013-17.
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. 2013-15 to allow for a Type 41
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 a
beneficial service that will help the Downtown area become
Resolution No. 2013-14
Page 1 of 14
31 B-15
a destination point. 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 a restaurant 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.
Additionally, the use will serve both visitors and the local and
regional business community.
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 local businesses
and the downtown area to become a destination area.
Moreover, the offering of various food offerings allows the
Downtown to remain economically viable and contributes to
the overall success of Downtown Santa Ana, helping to
decrease the number of vacant tenant spaces that may
affect the economic viability of the site.
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.
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 variety of restaurants in Downtown Santa Ana contributes
to the economic success of the city as a shopping and dining
destination.
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
Resolution No. 2013-14
Page 2 of 14
31 B-16
established for Conditional Use Permit No. 2013-16 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-hours operations until to 1:00 a.m. on
Sunday through Thursday and 2:00 a.m. on Fridays and
Saturdays will allow the restaurant to remain competitive
with other restaurants in the area, and will help the
Downtown area become a destination point. Conditions
have been placed on the after-hours operations that 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 after-hours operations for a restaurant at this
location will not be detrimental to persons residing or
working in the vicinity because conditions have been placed
on the restaurant operations that will mitigate any potential
negative or adverse impacts created by the use.
Additionally, the restaurant will serve both visitors and the
local and regional business community.
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 local businesses
and the downtown area to become a destination area.
Moreover, the offering of various food offerings allows the
Downtown to remain economically viable and contributes to
the overall success of Downtown Santa Ana, helping to
decrease the number of vacant tenant spaces that may
affect the economic viability of the site.
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 operating after 12:00 midnight.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
Resolution No. 2013-14
Page 3 of 14
31 B-17
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 that is open past midnight contributes to the
economic success of the city as a shopping and dining
destination.
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. 2013-17 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 restaurant may close to the general public all
or a portion of the restaurant to allow for a banquet use.
This will allow the restaurant to be used by the local
community for private events and similar functions. This will
allow the restaurant to remain competitive with other
restaurants in the area, and will help the Downtown area
become a destination point. Conditions have been placed
on the banquet operations that 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 banquet use at this location will not be
detrimental to persons residing or working in the vicinity
because conditions have been placed on the restaurant
operations that will mitigate any potential negative or
adverse impacts created by the use. Additionally, the
restaurant will serve both visitors and the local and regional
business community with emphasis on local service.
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 local businesses
and the downtown area to become a destination area.
Further, offering of various types of services is needed to
create an active downtown for local patrons and visitors.
Resolution No. 2013-14
Page 4 of 14
31 B-18
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 hall.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
G. 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. 2013-40 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. 2013-15 as conditioned
in Exhibit A attached hereto and incorporated as though fully set forth herein,
Conditional Use Permit No. 2013-16 as conditioned in Exhibit B attached hereto and
incorporated as though fully set forth herein, and Conditional Use Permit No. 2013-17
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 Planning Commission Action dated
August 26, 2013 and exhibits attached thereto; and the public testimony, all of which are
incorporated herein by this reference.
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 varied needs for goods and
services. A restaurant that offers the potential for private
parties and banquets provides an essential service for local
patrons and regional visitors including the business
community.
ADOPTED this 26th day of August 2013 by the following vote:
AYES: Commissioners: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle,
NOES:
Commissioners:
Yrarrazaval (7)
None (0)
ABSENT
ABSTENTIONS
Commissioners:
Commissioners:
None (0)
None (0)
Resolution No. 2013-14
Page 5 of 14
31 B-19
Eric Alderete
Chairman
APPROVED AS TO FORM:
Sonia R. Carvalho, 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. 2013-14 to be the original resolution adopted by
the Planning Commission of the City of Santa Ana on August 26. 2013.
Date:
Secretary of the Planning Commission
City of Santa Ana
Resolution No. 2013-14
Page 6 of 14
31 B-20
EXHIBIT A
Conditions for Approval of Conditional Use Permit No 2013-15
Conditional Use Permit Nos. 2013-15 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.
The premises shall at all times be maintained as a bona-fide eating
establishment as defined in Section 23038 of the California Business and
Professions code and shall provide a menu containing an assortment of
foods normally offered. The premises must have suitable kitchen facilities
and supply an assortment of foods commonly ordered at various hours of
the day. Full and complete meals must be served whenever the privileges
of the on-sale license are being exercised.
2. There shall be no fixed bar or lounge area upon the premises maintained
for the sole purpose of sales, service or consumption of alcoholic beverages
directly to patrons. A fixed bar or lounge may be permitted if patrons may
order food from the same menu being offered to the general patrons of the
eating establishment.
3. The sales, service, and consumption of alcoholic beverages shall be
permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless
otherwise amended by the granting of Conditional Use Permit No. 2013-16
for after-hours operations pursuant to Santa Ana Municipal Code Chapter
41.
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, with the exception of any
enclosed patio areas.
5. The applicant or an employee of the licensee must be present to monitor all
areas of the establishment, including outdoor patios, during all times that
alcoholic beverages are being served or consumed.
Resolution No. 2013-14
Page 7 of 14
31 B-21
AUGUST 26, 2013
PAGE 2 OF 4
6. All employees serving alcoholic beverages must complete Responsible
Beverage Service Training, or an equivalent approved by the State
Department of Alcoholic Beverage Control, prior to being able to serve
alcoholic beverages to patrons. Evidence of the completion of such training
must be maintained on the premises and available for inspection upon
request by the City.
7. During those times when patrons are restricted to 21 years of age or older,
the applicant shall at all times utilize an age verification means or device for
all purchases of alcoholic beverages.
Queuing lines shall be managed i
and/or intoxicated patrons shall be
his designee, shall be responsible
times.
i an orderly manner and all disruptive
denied entry. The business owner, or
for monitoring the queuing lines at all
9. The outdoor queuing line shall not block public walkways or obstruct the
entry or exit doors of adjacent businesses. Stanchions or barriers must be
used to maintain order at all times the queue exceeds 25 patrons. If located
on public property those barriers must be approved by the Public Works
Agency.
10. Employees and contract security personnel shall not consume any alcoholic
beverages during their work shift, except for product sampling for purposes
of employee education about new products.
11. There shall be no exterior advertising of any kind or type, including window
signs or other signs visible from outside, that promote or indicate 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. Permissible window displays must be
kept to a minimum for maximum visibility and shall not exceed 25 percent of
window coverage. Floor displays shall not exceed three feet in height.
12. There shall be no promotions encouraging intoxication or drinking contests
or advertisements indicating "buy one drink, get one free", "two for the price
of one", or "all you can drink for..." or similar language.
13. Any pool tables, amusement machines or
premises at any time must be reviewed
submitted to the Chief of Police.
video games maintained on the
and approved in a security plan
Resolution No. 2013-14
Page 8 of 14
31 B-22
AUGUST 26, 2013
PAGE 3 OF 4
14. Live Entertainment, including but not limited to, amplified music, karaoke,
performers and dancing, is subject to compliance with Santa Ana Municipal
Code ("SAMC") Chapter 11 and shall comply with all of the standards
contained therein. Notwithstanding this requirement, musictnoise shall not
be audible beyond 20 feet from the exterior of the premises in any direction.
15. 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.
16. The premises shall not be operated as an adult entertainment business as
such term is defined in SAMC Section 41-1701.6.
17. The applicant(s) shall be responsible for maintaining free of litter the area
adjacent to the premises under the control of the licensee.
18. 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.
19. 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.
20. Existing bona fide eating establishment and required parking 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 lighting, door/window locking devices and
addressing be upgraded to current code standards. Lighting standards
cannot be located in required landscape planters. Prior to issuance of
Letter of Approval to the Alcohol Beverage Control Board, this condition
must be complied with.
21. A timed-access cash controller or drop safe must be installed.
22. Install a silent armed robbery alarm.
Resolution No. 2013-14
Page 9 of 14
31 B-23
AUGUST 26, 2013
PAGE 4 OF 4
23. The owner or manager of the licensed premises shall maintain on the
premises a written security policy and procedures manual, that has been
approved by the police department, 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,
arguing or 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 and the management
of queuing lines.
24. The operator shall be responsible for submitting a detailed outdoor fencing
and dining plan where outdoor dining is proposed as part of the business
operation.
25. Combined alcohol storage and display areas shall not exceed five percent
(5%) of the gross floor area of the licensed establishment.
Resolution No. 2013-14
Page 10 of 14
31 B-24
EXHIBIT B
Conditions for Approval of Conditional Use Permit No 2013-16
Conditional Use Permit No. 2013-16 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 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.
The premises shall at all times be maintained as a bona-fide eating
establishment as defined in Section 23038 of the California Business and
Professions code and shall provide a menu containing an assortment of
foods normally offered. The premises must have suitable kitchen facilities
and supply an assortment of foods commonly ordered at various hours of
the day. Full and complete meals must be served whenever the privileges
of the on-sale license are being exercised.
2. There shall be no fixed bar or lounge area upon the premises maintained
for the sole purpose of sales, service or consumption of alcoholic beverages
directly to patrons. A fixed bar or lounge may be permitted if patrons may
order food from the same menu being offered to the general patrons of the
eating establishment.
3. 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. pursuant to
this conditional use permit.
4. Live Entertainment, including but not limited to, amplified music, karaoke,
performers and dancing, is subject to compliance with Santa Ana Municipal
Code ("SAMC") Chapter 11 and shall comply with all of the standards
contained therein. Notwithstanding this requirement, music/noise shall not
be audible beyond 20 feet from the exterior of the premises in any direction.
5. 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.
6. The premises shall not be operated as an adult entertainment business as
such term is defined in SAMC Section 41-1701.6.
7. The applicant(s) shall be responsible for maintaining free of litter the area
adjacent to the premises under the control of the licensee.
Resolution No. 2013-14
Page 11 of 14
31 B-25
AUGUST 26, 2013
PAGE 2OF2
8. There shall be no amplified sound used outside the building.
9. The storage of delivery vehicles is not allowed at this location.
10. No use of delivery vehicles with more than three axels axles at this location.
Modified by Planning Commission on August 26, 2013.
11. This establishment must comply with Santa Ana Municipal Code Section
18-312 related to exterior noise.
12. Trash enclosure program shall be provided via plan check submittal.
13. Sign permits (both permanent and temporary) are under separate submittal.
14. Special events are subject to a Land Use Certificate where such activities
will take place outside of the restaurant building.
Resolution No. 2013-14
Page 12 of 14
31 B-26
EXHIBIT C
Conditions for Approval of Conditional Use Permit No 2013-17
Conditional Use Permit No. 2013-17 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 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.
The premises shall at all times be maintained as a bona-fide eating
establishment as defined in Section 23038 of the California Business and
Professions code and shall provide a menu containing an assortment of
foods normally offered. The premises must have suitable kitchen facilities
and supply an assortment of foods commonly ordered at various hours of
the day. A banquet facility is ancillary to the primary restaurant use.
There shall be no fixed bar or lounge area upon the premises maintained
for the sole purpose of sales, service or consumption of alcoholic beverages
directly to patrons. A fixed bar or lounge may be permitted if patrons may
order food from the same menu being offered to the general patrons of the
eating establishment.
3. Live Entertainment, including but not limited to, amplified music, karaoke,
performers and dancing, is subject to compliance with Santa Ana Municipal
Code ("SAMC") Chapter 11 and shall comply with all of the standards
contained therein. Notwithstanding this requirement, music/noise shall not
be audible beyond 20 feet from the exterior of the premises in any direction.
4. 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.
5. The premises shall not be operated as an adult entertainment business as
such term is defined in SAMC Section 41-1701.6.
6. The applicant(s) shall be responsible for maintaining free of litter the area
adjacent to the premises under the control of the licensee.
7. There shall be no amplified sound used outside the building.
8. The storage of delivery vehicles is not allowed at this location.
Resolution No. 2013-14
Page 13 of 14
31 B-27
AUGUST 26, 2013
PAGE 2 OF 2
9. No use of delivery vehicles with more than three axels at this location.
10. This establishment must comply with Santa Ana Municipal Code Section
18-312 related to exterior noise.
11. Trash enclosure program shall be provided via plan check submittal.
12. Sign permits (both permanent and temporary) are under separate submittal.
13. Special events are subject to a Land Use Certificate where such activities
will take place outside of the restaurant building.
Resolution No. 2013-14
Page 14 of 14
31 B-28