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Home My WebLink About31B - CUP - WURST HAUS - 305 E FOURTH STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2013 -47 TO ALLOW AFTER -HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2013 -48 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE WURST HAUS RESTAURANT LOCATED AT 305 EAST FOURTH STREET, SUITE 106 - GREENTREE INVESTMENTS, INC., APPLICANT CITY RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO Iyl��llL�lY�;7 Receive and file the staff report approving Conditional Use Permit No. 2013 -47 as conditioned and Conditional Use Permit No. 2013 -48 as conditioned. PLANNING COMMISSION ACTION On January 13, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2013 -47 as conditioned to allow for after hours operation and Conditional Use Permit No. 2013 -48 as conditioned to allow a Type 41 Alcoholic Beverage Control license in order to sell beer and wine for on- premise consumption by a vote of 6:0 (Alderete absent) at the Wurst Haus restaurant located at 305 East Fourth Street, Unit 106 in the Transit Zone - Downtown (SD84) zoning district (Exhibit A). The Planning Commission added a condition limiting operational hours to 1:00 a.m. to 4:00 a.m. Additionally, the Planning Commission changed condition number 26 of CUP No. 2013 -48 to read, "Alcoholic beverages in containers of less than 16 oz. cannot be sold by single containers." DISCUSSION The Wurst Haus will offer counter service that will feature an indoor dining area. The restaurant will be located on the first floor of an existing building at 305 East Fourth Street. The approval of these CUPS would allow for the sale and service of beer and wine in conjunction with food sales, and extension of the hours of operation until 4:00 a.m. 31 B -1 Conditional Use Permit No. 2013 -47 Conditional Use Permit No. 2013 -48 February 4, 2014 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Karen Haluza Interim Executive Director Planning & Building Agency HS:rb hsAWurst Haus \CUP2013- 47MMurstHaus.cc Exhibit: A. Planning Commission Staff Report 31 B -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JANUARY 13, 2014 TITLE: PUBLIC HEARING — FILED BY GREENTREE INVESTMENTS, INC. FOR CONDITIONAL USE PERMIT NO. 2013 -47 TO ALLOW AFTER -HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2013 -48 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE WORST HAUS RESTAURANT LOCATED AT 305 EAST FOURTH STREET, SUITE 106. Prepared by Hally Soboleske - y(i Interim Executive DiActor RECOMMENDED ACTIONS PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO �ta.ti � Planning MWager 1. Adopt a resolution approving Conditional Use Permit No. 2013 -47 as conditioned to allow for after hours operation. 2. Adopt a resolution approving Conditional Use Permit No. 2013 -48 as conditioned to allow a Type 41 Alcoholic Beverage Control (ABC) license. Request of Applicant Gabriel Ruiz, representing Greentree Investments, Inc., is requesting approval of a conditional use permit (CUP) for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of beer and wine at a new restaurant called the " Wurst Haus" proposed at 305 East Fourth Street, Suite 106. Alcoholic beverage sales or consumption require a conditional use permit per Section 41 -2008 (Table 2A) of the Santa Ana Municipal Code (SAMC). Additionally, the applicant is requesting approval of a separate conditional use permit that would allow the restaurant food service to operate until 4:00 a.m. All establishments that wish to operate between 12:00 midnight and 7.00 a.m. require a conditional use permit pursuant to Section 41 -2008 (Table 2A) of the SAMC. Alcohol sales would be required to cease at 2:00 a.m. in compliance with State law. Project Location and Site Description The applicant is in the process of obtaining necessary permits for tenant improvements to operate the Wurst Haus restaurant within an existing 2,000 square foot tenant space that is located on the north side of Fourth Street between French Street and Broadway. Other tenants in this building include another restaurant and various retail establishments. The site is surrounded by a parking structure to the north, a public open space to the east, and a mixture of retail and eating establishments, and other commercial uses to the west and south of the site (Exhibits 1, 2 and 3). EXHIBIT A 31 B -3 Conditional Use Permit No. 2013 -47 Conditional Use Permit No. 2013 -48 January 13, 2014 Page 2 Project Description The Wurst Haus proposes to occupy a 2,000 square foot suite on the first (ground) floorjust west of the the Frida Cinema. To provide an additional amenity to the new restaurant, the applicant is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine to patrons at the restaurant. The applicant Is also requesting approval to operate until 4:00 a.m. The restaurant will be a counter service eating establishment with interior dining that will hold approximately 85 seats. No exterior dining area is proposed although several exterior improvements are proposed including steel casement windows, upgraded exterior doors, and introducing brick to the exterior. The on- premise sale of alcoholic beverages to customers is intended to provide an amenity that is ancillary to the primary restaurant use. The display and storage areas for the alcoholic beverages will be located within the kitchen and dining room areas. The overall storage and display areas for alcoholic beverages are less than five percent of the floor area, which 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). The proposed hours of operation for the restaurant are 11:00 a.m. to 2:00 a.m. Monday through Thursday, and 11 :00 a.m. to 4:00 a.m. Fridays and Saturdays, though alcohol sales will cease at 2:00 a.m. No entertainment is proposed. Project Background The Wurst Haus is proposing to offer counter service for quick "on the go" meals with indoor seating. The German themed cafe restaurant proposes to serve lunch and dinner. The restaurant will be serving various types of gourmet sausages with a variety of complementary side dishes. Craft beers and wine will serve to complement the cuisine. The proposed use meets all of the code requirements as required by the City to qualify for a Type 41 Alcoholic Beverage Control License (ABC), as well as a CUP for after -hours operations. General Plan and Zoning Consistency 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, such as this restaurant. The project site is consistent with this General Plan land use designation. 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 retail and service uses such as restaurants, making the proposed use consistent with the zoning designation. 31 B -4 Conditional Use Permit No. 2013 -47 Conditional Use Permit No. 2013 -48 January 13, 2014 Page 3 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 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 these conditional use permit requests, staff believes that the following findings of fact warrant approval of the conditional use permits. Conditional Use Permit No. 2013 -47 to allow After -Hours Operation Santa Ana Municipal Code (SAMC) Section 41 -2007 (Table 2A) requires a conditional use permit for any establishment with hours of operation between 12:00 a.m. and 7:00 a.m. The Wurst Haus proposes hours of operation from 11:00 a.m. to 2:00 a.m. five days a week, and 11:00 a.m. to 4:00 a.m. on the weekends (Friday and Saturday). This is the first after -hours request to allow for operation past 2:00 a.m. The after -hours provisions of the SAMC regulate any restaurant operations between 12:00 a.m. and 7:00 a.m., such as might be used with a 24 -hour restaurant. Prior applications for after -hours CUPS have not requested operations past 2:00 a.m. and conditions were included that memorialize those operating hours. That said, this request to continue to serve food until 4:00 a.m. is allowed under the code. This building location is on the east end of the Fourth Street commercial corridor, which has a combination of commercial and public uses. Concerns typically associated with after -hours operations are the potential for noise complaints from nearby residents, as well as potential 31 B -5 Conditional Use Permit No. 2013 -47 Conditional Use Permit No. 2013 -48 January 13, 2014 Page 4 nuisance behavior from patrons exiting the restaurant at closing time. Conditions of approval have been placed upon the use in order to mitigate these potential concerns and alcohol sales must cease after 2:00 a.m. in order to comply with State law. The following findings support the recommendation of approval for after -hours operations. • The proposed after -hours operations will provide an ancillary service to individuals that wish to have a late night meal. This will thereby benefit the community by providing a food - related amenity offering service past 12:00 midnight, which is consistent with that of other restaurants in Downtown. Conditions have been placed on this operation to mitigate any potential problems created by the after -hours operation to ensure that service past 12:00 midnight will not negatively impact the surrounding community, such as requiring the establishment to maintain a complete food menu past midnight, disallowing outdoor restaurant activity, and limiting amplified sound to within the building past midnight. • The proposed after -hours operations will not be detrimental to those living or working in the area because conditions have been placed to mitigate any negative impacts on the community. These conditions are consistent with other eating establishments that have similar hours of operation and similar operational conditions. Further, the building's location is located away from sensitive residential uses and is surrounded by other commercial uses and public facilities. • The project site is situated along a commercial corridor that is appropriate for the proposed commercial use. The establishment of this restaurant in a commercial location promotes a balance of land uses that enhances the City's economic and fiscal viability. Providing a variety of land uses in the area strengthens the economic base of the City and the Downtown area and affects the economic stability of the area in a positive manner. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an eating establishment pursuant to Chapter 41 of the Santa Ana Municipal Code and the Transit Zoning Code (SD84) zoning provisions. The establishment will contain the necessary equipment to quality as a bona -fide eating establishment. • 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 with extended hours of operation offers additional dining options for Santa Ana residents and visitors. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval have been placed on this conditional use permit and the proposed Type 41 ABC license that will maintain a safe and attractive environment in Downtown Santa Ana. Further, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Wurst Haus will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. RIUM Conditional Use Permit No. 2013 -47 Conditional Use Permit No. 2013 -48 January 13, 2014 Page 5 Conditional Use Permit No 2013 -48 to allow a: Type 41 Alcoholic Beverage Control License • The proposed Type 41 alcoholic beverage control license (ABC) will provide an ancillary service to the restaurant's 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. The Wurst Waus will offer a German - themed specialized menu of gourmet sausages and complementary side dishes, diversifying the range of goods and services available to the Downtown and Citywide patrons. • The proposed Type 41 ABC 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. This is primarily a restaurant use and the addition of alcohol will be ancillary to the main use. In addition, the use will primarily occur within the interior of the premises, while outdoor serving areas will be enclosed with barriers that meet the State and City's requirements. The sale of alcohol in both portions of the restaurant is intended to be 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 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. • 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 for restaurants selling alcohol with their meal. The facility will be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions Code, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. • 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 amenities 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 investment. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is 31 B -7 Conditional Use Permit No. 2013 -47 Conditional Use Permit No. 2013 -48 January 13, 2014 Page 6 safe and attractive. Conditions of approval have been placed on the proposed Type 41 ABC license that will maintain a safe and attractive environment in Downtown Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Wurst Haus is proposed in a commercial area and its operations will be compatible with the surrounding commercial businesses. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages and after -hours operation in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The project at 305 East Fourth Street is located in Reporting District No. 185. This reporting district is 20 percent above the average reporting for all districts, which is even with the threshold established by the State for high crime. Conditions of approval are included as required by the SAMC that are adequate to address any concerns. Public Notification The project is located within the boundaries of the Downtown Neighborhood Association. Staff contacted the presidents of the Downtown to ensure that they were notified of this project and to identify any areas of concern. The project site was also 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 and tenants within 500 feet of the project site. At the time of this printing, no correspondence, by phone, written, or electronic, had been received from any members of the public. RITWOO Conditional Use Permit No. 2013 -47 Conditional Use Permit No. 2013 -48 January 13, 2014 Page 7 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. 2013 -97 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 No. 2013 -47 and Conditional Use Permit No. 2013 -48 as conditioned. Hally Sobole9ke Associate Planner HS:jm hs:lWursLHaus14UP2013- 47 &48W umtHaus.pc Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31 B -9 lyw� - Serg lotz, AICP Principal Planner SEVENTEENTH H $ Cl G, - C5 R G, G, ST. G5 e 1 8P -3 1 I. SEANTEENTH RI P] N fl� ° SP.3 � nv R, RI . 9 .�+,•�` irz° � BJ. R3- R3- i Hon uuu nnl � H ,g lis. m. � m- sD I SP I c Rse sP ] a 0 sP m p] P3 m R1 H d �a(i °1O m sa vN m a� Pt 0 R3- RY R1 R, Ri R1 Rl 2 E Hoe Hml 0 R3. SP Hnll n j SP-3 SP-3 SPI py pit p] 3 r vN B1 R1 P Ri R1 m nz R2 R2 R2 nz P R2 R2 RZ P P R2 3 P R2 S13 sat SD- 75 SPJ pSP3 SP -3 SP -3 I zR , La ! R7 R P �,t2. 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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 -47 to allow after -hours operations and Conditional Use Permit No. 2013 -48 to allow a Type 41 Alcoholic Beverage Control (ABC) license for the property located at 305 East Fourth Street, Suite 106. B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use permit for: businesses operating between the hours of 12:00 a.m. and 7:00 a.m. and the sale of alcoholic beverages for on -site consumption. C. On January 13, 2014, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2013 -47 and Conditional Use Permit No. 2013 -48. 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 -47 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 will provide an ancillary service to individuals that wish to have a late night meal. This will thereby benefit the community by providing a food - related amenity offering service past 12:00 midnight, which is consistent with that of other restaurants in Downtown. Conditions have been placed on this operation to mitigate Resolution No. 2014 -01 31 B -1 5 Page 1 of 11 any potential problems created by the after -hours operation to ensure that service past 12:00 midnight will not negatively impact the surrounding community, such as requiring the establishment to maintain a complete food menu past midnight, disallowing outdoor restaurant activity, and limiting amplified sound to within the building past midnight. 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 will not be detrimental to those living or working in the area because conditions have been placed to mitigate any negative impacts on the community. These conditions are consistent with other eating establishments that have similar hours of operation and similar operational conditions. Further, the building's location along the east end of Fourth Street mitigates several possible impacts from late -night operations; the location is located away from sensitive residential uses and is surrounded by other commercial uses and public facilities. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project site is situated along a commercial corridor that is appropriate for the proposed commercial use. The establishment of this restaurant within a vacant tenant space promotes a balance of land uses that enhances the City's economic and fiscal viability. Providing a variety of land uses in the area strengthens the economic base of the City and the Downtown area and affects the economic stability of the area in a positive manner. 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 an eating establishment pursuant to Chapter 41 of the Santa Ana Municipal Code and the Transit Zoning Code (SD84) zoning provisions. The establishment will contain the necessary equipment to quality as an eating establishment. 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 Resolution No. 2014 -01 31 B-1 6 Page 2 of 11 Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants with extended hours of operation offers additional and more diverse dining options for Santa Ana residents and visitors. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval have been placed on this conditional use permit and the proposed Type 41 ABC license that will maintain a safe and attractive environment in Downtown Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Wurst Haus is proposed in a commercial area and its operations will be compatible with the surrounding commercial businesses. 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. 2013 -48 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 Type 41 alcoholic beverage control license (ABC) will provide an ancillary service to the restaurant's 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. The Wurst Haus will offer a unique menu product, diversifying the range of goods and services available to the Downtown and Citywide patrons. 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 Type 41 ABC 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. This is a Resolution No. 2014 -01 31 B -1 7 Page 3 of 11 bona -fide eating establishment and the addition of alcohol will be ancillary to the main use. In addition, the use will primarily occur within the interior of the premises with no outdoor dining. The sale of alcohol in both portions of the restaurant is intended to be 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 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 building, 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 for restaurants selling alcohol with their meal. The facility will be maintained as an eating establishment as defined in Section 23038 of the California Business and Professions Code, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by 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 investment. The West End Theater has undergone a Resolution No. 2014 -01 31 B-18 Page 4of11 significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full - service restaurant use further supports the rehabilitation of this commercial property. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval have been placed on the proposed Type 41 ABC license that will maintain a safe and attractive environment in Downtown Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Wurst Haus will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. F. 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. 2013 -97 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 -47 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein and Conditional Use Permit No. 2013 -48 as conditioned in Exhibit B 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 January 13, 2014 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of January 2014 by the following vote: AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: ABSTENTIONS: Commissioners: Alderete (1) None (0) 31 B -19 Resolution No. 2014 -01 Page 5 of 11 Sean H. Mill Vice Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2014 -01 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 13, 2014 Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2014 -01 31 B -20 Page 6 of 11 W40111:111111111111101 Conditions for Approval of Conditional Use Permit No. 2013 -47 Conditional Use Permit No. 2013 -47 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. There will be no outdoor restaurant activity after midnight. All exterior lighting will be directed towards the restaurant and /or sidewalk and not towards other properties. 4. There shall be no amplified sound used outside the building. 5. 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. Resolution No. 2014 -01 31 B -21 Page 7 of 11 EXHIBIT B Conditions for Approval of Conditional Use Permit No. 2013 -48 Conditional Use Permit No. 2013 -48 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 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. 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 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 outdoor patios, during all times that alcoholic beverages are being served or consumed. 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. 2014 -01 31 B -22 Page 8 of 11 JANUARY 13, 2014 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, is prohibited or 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. 2014 -01 31 B -23 Page 9 of 11 JANUARY 13, 2014 PAGE 3OF4 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. The 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. 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. Resolution No. 2014 -01 31 B -24 Page 10 of 11 JANUARY 13, 2014 PAGE 4OF4 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. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 26. Alcoholic beverages in containers of less than 16 oz. cannot be sold by single containers, but must be sold OR ad(aged multi unit quantities. Modified by Planning Commission on January 13, 2014 27. Operation hours are limited to 11:00 a.m. to 4:00 a.m. Added by Planning Commission on January 13, 2014 Resolution No. 2014 -01 31 B -25 Page 11 of 11 31 B -26