HomeMy WebLinkAbout20131028_2013-27_206NBroadwayROH — 10/21/13
RESOLUTION NO. 2013 -27
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2013 -45 TO ALLOW A TYPE 41
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE
PROPERTY LOCATED AT 206 NORTH BROADWAY,
UNITS A AND 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. The applicant is requesting approval of Conditional Use Permit No. 2013-
45 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on-
premise consumption of beer and wine at the restaurant located at 206
North Broadway, Units A and B.
B. Conditional Use Permit No. 2013 -45 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
October 28, 2013.
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 Planning
Commission 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 alcoholic beverage license will provide for an
ancillary service to the restaurant's customers by allowing —
them the ability to purchase beer and wine with their food.
The Type 41 ABC license is only issued to restaurants that
meet the State's standards as a bona fide eating
establishment indicating that alcohol sales are not intended
to be the primary use of the business. Conditions have been
placed on the alcoholic beverage control license, which
further emphasize the sales of alcohol as an ancillary use.
Resolution No. 2013 -27
Page 1 of 8
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 this location will not be detrimental to persons
residing or working in the vicinity because conditions have
been placed upon the alcoholic beverage control license that
will mitigate any potential negative or adverse impacts that
could be created by the use. In addition, the use will occur
within the premises in accordance with the standards of the
State Department of Alcoholic Beverage Control.
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 nearby restaurants that also offer
alcoholic beverages for sale to their patrons. Moreover, the
offering of alcoholic beverages as an ancillary product to
food supports the establishment of a full- service restaurant.
The proposed use will serve to re- tenant a previously vacant
space, thereby decreasing the number of vacant tenant
spaces that may affect the economic stability of the area.
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.
The granting of this Conditional Use Permit supports several
policies contained in the General Plan. Policy 2.2 of the Land
Use Element encourages land uses that accommodate the
City's needs for goods and services. Providing a variety of
full - service restaurants offers additional dining options for
Santa Ana residents and visitors. Policy 2.8 of the Land Use
Element promotes the rehabilitation of commercial
properties, and encourages increased levels of capital
Resolution No. 2013 -27
Page 2 of 8
investment. The expansion of the restaurant and tenant
improvements represents a significant capital investment in
the building. The re- tenanting of a portion of this building
with a full - service restaurant use further supports the
rehabilitation of this commercial property. Policy 4.2 of the
Land Use Element encourages the retention and reuse of
historical buildings and sites. The Empire Market building is
listed on the Santa Ana Register of Historical Properties. The
rehabilitation and re- tenanting of this building supports its
retention and reuse.
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.
Categorical Exemption Environmental Review No. 2013 -90 will be filed for
this project.
Section 2. The Planning Commission of the City of Santa Ana hereby
approves Conditional Use Permit No. 2013 -45 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 Planning
Commission Action dated October 28, 2013, and exhibits attached thereto; and the
public testimony, all of which are incorporated herein by this reference.
ADOPTED this 28 day of October 2013 by the following vote:
AYES: Commissioners: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle,
Yrarrazaval (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
None (0)
None (0)
Chairman
Resolution No. 2013 -27
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:-
Ryan O.
Assistant
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and
certify the attached Resolution No.- 2013-27 to be the original resolution adopted
by the Planning Commission of the City of Santa Ana on October 28, 2013 .
Date:
Secretary of the Planning Comfnission
City of Santa Ana
Resolution No. 2013 -27
Page 4 of 8
Conditions for Conditional Use Permit No. 2013 -45
Conditional Use Permit Nos. 2013 -45 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.
1. 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
the patrons. A fixed bar or lounge may be permitted if patrons may order food
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 a conditional use permit 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 the outdoor patios, during all times that alcoholic
beverages are being served or consumed.
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.
Resolution No. 2013 -27
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Conditional Use Permit No. 2013 -45
October 28, 2013
Page 2 of 4
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.
8. Queuing lines shall be managed in an orderly manner and all disruptive and /or
intoxicated patrons shall be denied entry. The business owner, or his designee,
shall be responsible for monitoring the queuing lines at all times.
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 video games maintained on the
premises at any time must be reviewed and approved in a security plan submitted
to the Chief of Police.
14. Live Entertainment, including but not limited to, amplified music, karaoke,
performers and dancing, shall be subject to the issuance of an entertainment
permit pursuant to Santa Ana Municipal Code ( "SAMC ") Chapter 11 —
Entertainment, 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.
Resolution No. 2013 -27
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Conditional Use Permit No. 2013 -45
October 28, 2013
Page 3 of 4
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 Sections 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 ll, 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 be located in required landscape
planters. Prior to issuance of Letter of Approval to the 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.
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 /or in the immediate adjacent area that is owned, leased, rented or
used under agreement by the Licensee(s); verifying the age /checking identification
of patrons for purposes; warning patrons of reaching their drinking limit/potential
Resolution No. 2013 -27
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Conditional Use Permit No. 2013 -45
October 28, 2013
Page 4 of 4
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 the 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 -27
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