HomeMy WebLinkAbout31C - CUP - BUFFALO WILD WINGS - 3811 BRISTOLREQUEST FOR _
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 15, 2014
TITLE:
CONDITIONAL USE PERMIT NO. 2014-20 TO
ALLOW A TYPE 47 ALCOHOLIC BEVERAGE
CONTROL LICENSE FOR BUFFALO WILD
WINGS RESTAURANT AT 3811 SOUTH
BRISTOL STREET - MIKE AYAZ, APPLICANT
S:L; Z Z_4/�_�X
CITY MANA R
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2'0 Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2014 -20 as conditioned.
PLANNING COMMISSION ACTION
On June 23, 2014, the Planning Commission adopted a resolution approving Conditional Use
Permit No. 2014 -20 as conditioned by a vote of 7:0 to allow a Type 47 Alcoholic Beverage
Control license for the on- premise sale and consumption of beer, wine and distilled spirits at the
Buffalo Wild Wings restaurant at 3811 South Bristol Street located in the Commercial Residential
(CR) zoning district. The Planning Commission added a condition of approval to clarify that an
after -hours conditional use permit is not needed due to the distance of the restaurant from
residential uses and to permit Buffalo Wild Wings to operate from 7:00 a.m. to 2:00 a.m. as
outlined in the attached staff report (Exhibit A).
Buffalo Wild Wings is applying for a Type 47 Alcoholic Beverage Control (ABC) license to allow the
on- premise sale of beer, wine and distilled spirits as part of the proposed eating establishment's
operations. The restaurant is a full- service, sit -down restaurant that is proposed to have seating
for approximately 240 patrons within its dining room and outdoor patio areas. The on- premise
sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary
restaurant use and will facilitate Buffalo Wild Wing's occupation of a previously vacant building
that was previously used by restaurants. Full sized site plans are available for public viewing in
the Clerk of the Council Office.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development,
Objective No. 2 (create new opportunities for business /job growth and encourage private
development through new General Plan and Zoning Ordinance policies).
31 C -1
Conditional Use Permit No. 2014 -20
July 15, 2014
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
i�
Karen Haluza
Interim Executive Director
Planning & Building Agency
VF:rb
of /reports/CUP1cuP14 -20 Buffalo Wild Wings.cc
Exhibit: A. Planning Commission Staff Report
31 C -2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
JUNE 23, 2014
TITLE:
PUBLIC HEARING — FILED BY MIKE AYAZ
FOR CONDITIONAL USE PERMIT NO. 2014-20
TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE
CONTROL LICENSE FOR BUFFALO WILD WINGS
RESTAURANT AT 3811 SOUTH BRISTOL STREET
Prepared by Vince Fregoso
Interim Executive Dire for w
PLANNING COMMISSION SECRETARY
APPROVED
L7 As Recommended
• As Amended
• Set Public Hearing For
DENIED
• Applicant's Request
• Staff Recommendation
CONTINUED TO
Actin lanrr g Manager
Adopt a resolution approving Conditional Use Permit No. 2014 -20 as conditioned.
Request of Applicant
Mike Ayaz, representing Buffalo Wild Wings restaurant, is requesting approval of a conditional use
permit for a Type 47 Alcoholic Beverage Control (ABC) license for the on- premise sale and
consumption of beer, wine and distilled spirits at 3811 South Bristol Street. Establishments that
sell alcoholic beverages require a conditional use permit (CUP) pursuant to Section 41 -196 of the
Santa Ana Municipal Code (SAMC).
Proiect Location and Site Description
Buffalo Wild Wings is proposing to open a new restaurant within Bristol Center, an existing multi -
tenant commercial center located at 3701 -3925 South Bristol Street, between MacArthur Boulevard
and Sunflower Avenue. The center is 14.4 -acres in size and contains approximately 174,000
square feet of building area that was constructed in 1972. The Bristol Center site contains five
separate buildings with over 25 retail tenant spaces that are occupied by a variety of retail, medical
office and restaurant uses.
Buffalo Wild Wings restaurant is intending to occupy a freestanding 6,087 square foot building that
fronts Bristol Street. The building also contains an "L- shaped" outdoor patio that is located on the
north and west sides of the building. A total of 643 parking spaces are provided for the mixture of
uses in the center.
The site is surrounded by commercial uses to the north, south and west, and a combination of
commercial and multi- family residential uses to the east (Exhibits 1, 2 and 3),
EXHIBIT A
31 C -3
Conditional Use Permit No. 2014 -20
June 23, 2014
Page 2
Project Description
Buffalo Wild Wings is requesting approval of a Type 47 Alcoholic Beverage Control (ABC) license to
allow the on- premise sale of beer, wine and distilled spirits as part of the proposed eating
establishment's operations. The restaurant is a full- service, sit -down restaurant that is proposed
to have seating for approximately 183 patrons within its dining room and bar areas. Additionally,
another 56 patrons are proposed to be seated within the outdoor patio areas on the north and
west sides of the building. The patio area is enclosed with a 36 -inch high wall that is in
compliance with all applicable City and State Department of Alcoholic Beverage Control's
standards. The on- premise sale of alcoholic beverages to customers is intended to provide a
service ancillary to the primary restaurant use. The hours of operation for the restaurant are
proposed to be from 7:00 a.m. to 2:00 a.m., seven days per week. Restaurant operations are
permitted until 2 :00 a.m., with an after -hours conditional use permit not required since the
property is more than 150 feet from property used for residential purposes.
The storage area for alcoholic beverages will be located on a display and within two coolers behind
the service counter for the restaurant. The alcohol display and the two coolers total 134 square feet
in size, which is 2.2 percent of the floor area of the restaurant. This percentage of alcohol storage
area is below the Santa Ana Municipal Code's maximum for eating establishments serving alcoholic
beverages of five percent of the gross floor area of the restaurant (Exhibits 4 and 5).
Proiect Background
The Buffalo Wild Wings franchise was founded in the Midwest in 1982. Their restaurants typically
include an extensive multi -media system of big screen televisions and projection screens, a full bar
and open layout that attract both sports fans as well as families. Buffalo Wild Wings has close to
1,000 restaurants that are located in 45 states and Canada, with this the first location in Santa Ana.
The restaurant is proposing to occupy a vacant building that was previously occupied by restaurants
including Ccco's, Pat and Oscar's and O's American Kitchen. In 2004, Pat and Oscar's received
approval of Conditional Use Permit No. 2004 -08 for a Type 41 (on- premise beer and wine) ABC
license, which was surrendered when the restaurant ceased operations. As the applicant is
applying for a new license consisting of full liquor sales (Type 47), a new CUP is required.
General Plan and Zoning Consistency
The General Plan land use designation for the site is District Center (DC). District Center land -use
districts are high intensity locations of the City that provide highly visible and accessible residential,
office and 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.
31 C -4
Conditional Use Permit No. 2014 -20
June 23, 2014
Page 3
The parcel is located within the Commercial Residential (CR) zoning district. The CR zoning
district allows a combination of multi - family residential uses as well as retail and service uses
such as restaurants with ABC licenses, making the proposed use consistent with the CR zoning
designation.
Protect 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 will not adversely 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 permit.
The proposed alcohol beverage license will provide an ancillary service to the restaurant
customers by allowing them the ability to purchase beer, wine and distilled spirits with their food
throughout the establishment. This will thereby benefit the community by providing a restaurant
with an additional and complementary food - related amenity. Additionally, conditions have been
placed on the alcoholic beverage control license which will mitigate any potential impacts
created by the use and ensure that the use will not negatively affect the surrounding community.
The proposed license for the on -sale consumption of beer, wine and distilled spirits at this
location will not be detrimental to persons residing or working in the vicinity because conditions
have been placed on the alcoholic beverage control license that will mitigate any potential
negative or adverse impacts created by the use. In addition, alcohol sales will primarily occur
inside the premises and on the outdoor patio, which is not oriented toward any residential use.
Additionally, the proposed ABC license is incidental to the primary restaurant use.
31 C -5
Conditional Use Permit No. 2014 -20
June 23, 2014
Page 4
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 guests and other visitors. Moreover, the offering of alcoholic beverages allows
the restaurant to become economically viable and contribute to the overall success of the
neighborhood- serving shopping center in which it is located, helping to decrease the number of
vacant buildings 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, wine and distilled spirits pursuant to Chapter 41
of the Santa Ana Municipal Code. The facility has the kitchen equipment necessary to be
considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic
beverage control license. Additionally, the restaurant will utilize only 2.2 percent of the gross
floor area for the display and storage of alcoholic beverages, which is below the maximum
threshold established by the SAMC.
The proposed use will not adversely affect the City's General Plan. Policy 2.2 of the Land Use
Element encourages land uses that accommodate the City's needs for goods and services. A
full- service restaurant with an ancillary alcohol license provides a dining service to the residents
of Santa Ana, as well as visitors to the surrounding area. f=urther, restaurant and ancillary uses
such as on- premise alcohol sales are permitted within the District Center (DC) land use
designation. The proposed project is not located in a specific plan area in the City. Further,
Policy 2.9 of the Land Use Element supports developments that create a business environment
that is safe and attractive. The physical improvement to the building will create an enhancement
to the existing center and promote commercial activity in the area, Policy 5.5 of the Land Use
Element encourages development that is compatible with and supporting of surrounding land
uses. The Buffalo Wild Wings restaurant will be located in a commercial area and is compatible
with the surrounding commercial businesses and nearby residential uses.
Buffalo Wild Wings is proposing to occupy a vacant commercial building that has been occupied by
restaurant uses since 1972. The site will be in compliance with all standards of SAMC Section 41-
196(g) for the on -site sale and consumption of alcoholic beverages (Exhibit 6). In addition to these
25 operational standards, an additional condition of approval is proposed to mitigate potential
impacts on the adjacent uses and ensure the use does not become an attractive nuisance to the
community.
Police Department Analysis
The Police Department reviews conditional use permit applications for the sale of alcoholic
beverages because there is a strong correlation between the availability of alcohol and crime.
Studies have shown that alcohol is a contributing factor in crimes such as drunk driving, fatal
traffic collisions, homicide, assaults, rape, domestic violence, drunk in public and other nuisance
type of offenses.
31 C -6
Conditional Use Permit No. 2014 -20
June 23, 2014
Page 5
The Police Department considered two factors when reviewing this type of application: crime rate
and sensitive land uses. It has been determined that 3811 South Bristol Street is located in
Reporting District No. 151. This reporting district ranks 36th out of 102 reporting districts in the
number of police related calls for service established under Business and Professions Code
Section 23958.4. This reporting district is 15 percent below the 20 percent threshold established
by the State for high crime. No sensitive uses were found in the immediate area that might be
impacted by this action. As a result, the Police Department has evaluated the applicant's request
and believes that the proposed ABC license will not adversely affect the surrounding community,
Conditions of approval are included as required by the SAM that are adequate to address any
concerns for the ABC License,
Public Notification
The project site is not located within the boundaries of any Neighborhood Association but is
located adjacent to the South Coast Neighborhood Association. The chairperson of the adjacent
neighborhood association was contacted by staff to discuss the proposed project. The
association president did not raise any issues during the telephone discussion. The project site
was posted with a notice advertising this public hearing, a notice was published in the Orange
County Reporter and mailed notices were sent to all property owners and tenants within 500 feet
of the project site and to the South Coast neighborhood association chairperson. At the time of
printing of this report, no areas of concern were raised, nor had any correspondence, either
written or electronic, been received from any members of the public
CEQA Compliance
In accordance with the California Environmental Quality Act the recommended action is exempt for
further review per Section 15301, The Class 1 exemption allows the operating, permitting and
licensing of existing private structures with negligible or no expansion of the existing use. The
proposed application is to approve an alcoholic beverage control license and allow the sale of beer,
wine and distilled spirits within an existing commercial building. Categorical Exemption
Environmental Review No. 2014 -54 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. 2014 -20 as conditioned.
Vince Fregoso, AI P
Acting Planning Manager
VF:jm
of 1rapods /CUP1cup14 -20 Buffalo Wild Winps.pc
31 C -7
Conditional Use Permit No. 2014 -20
June 23, 2014
Page 6
Attachments:
Exhibit 1 — Vicinity Map
Exhibit 2 — Location Map
Exhibit 3 — Site Photo
Exhibit 4 — Site Plan
Exhibit 5 — Floor Plan
Exhibit 6 — Operational Standards for On -Sale Establishments
31 C -8
I KI RI 0 RI Pi
PAD RI
o R1
MIN ml R1 Ell Ell 0
111A�
RI T Ri it. 2
C4
:SD-4][ RI
FL2,PRD
R4 RI RI
--------- 0 FT-
PRO
RI-PRID Q R Jill
SD-71Jill � R4
(--7
R4 �PROJECT Rl-
R4 —77=t-777: SITE FIT Rl RI Rl
CR R4
SD-48 CR
Al 36NDRALAGRICULMRALf CR COMMERCIALRE51DEPMAL RI MINOT FAWLY RESIDENTIAL
.B PARKING MODIFICATION cc GDVOINMENTCENTER R3 TWO FAMILY RI
CISM COMMERCIAL SOUTH MAIN MI DRffrII`M9RIAL R3 MULI OLE DENSITY MULTIPLE
cl COMMUNITY COMMERCIAL N12 HITAWINDV9R1AL FAMILYRENDENCE
Cl-MO COMM. COMMFROAUMOSEUM DESTRIC r AID MILITARYOPERATIONS PI SUBUTRIANAPARMENTS
C2 GSNERALCOMMERCIAL a CEENSPACE IF RESIDENTIALES17AIE
13 CENTRAL BUSINESS P PROFESSIONAL SO SPECIFICOEVELOPNIENr
(5-A CENTRAL BUSINE55-ARTsi PCD PWDFD COMMUNITY DINELOPMEN F SP SPECIFICOLAN
C11 PUNNED SHOPPING CENTER RED PIUNNED RESIDENTIAL DEVELOPMENT
CS ARTERIAL COMMERCIAL.
'i CUP 2014 -20
n(a �;q
BUFFALO WILD WINGS RESTAURANT
3811 SOUTH BRISTOL STREET 500 FEET
- --
I' = 1000 FEET
I. A N A I IN G A N 0 8 u I L D I N G A 7 E -,NC Y
EXHIBIT i
31 C-9
w
0
PROJECT
517E
0
�
6
V
V
�
u
g
Q
g
0
U
W
W
i
O
J
STEVENS AVE.
amn nne cw wins
SUNFLOWER
AVENUE
5 IA 0 P P I N G
C O M M
E R C I A L
o
01
C 0 M M E R C A L
C E N T E R
U
��
o
d~
Z
w
V
w
0
PROJECT
517E
0
�
6
V
V
�
u
g
Q
g
0
U
CUP 2014 -20
-1 BUFFALO WILD WINGS RESTAURANT
3811 SOUTH BRISTOL STREET S)'
P L A N N I N G A N 0 B U I L 0 1 N G A G E N C Y
EXHIBIT 2
31 C -10
i
'. ,.
SE)NIMaim oivzizins
q
21 t
O
zi
j
15ICE "6 0
<
RAHN
b
H r.
j "I
EXHIBIT 4
31 C -12
� U) (n
c C)
c
o a
V)
NOVOAGNIN
w
z
m
NVId 3115
3Wd093A34 3
99 ;A i
Ov,
o0a "
SONIM C11im mviins MI
al Jr j
S g.
I. 71
Av.
ID
iff 7-T-TrITT
7 J"
.00 7, 777 jj
co
M:
-3c) 0
011
8
c-1 D 04
(D lio r a I ou ocjq 1-0r] cloc- A( v
o o n c @ 08 8 C.)
EXHIBIT 5
31 C -13
Sec. 41 -196. Establishments selling alcoholic beverages.
Operational standards for on -sale establishments. The following operational standards
shall be included in the conditions of approval for the conditional use permit required
pursuant to Section 41 -196
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 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.
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.
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. Such verification of age is not intended to
discriminate against patrons based on race, ethnicity or legal status, but only to
comply with state law restricting the sale of alcohol to those 21 and older.
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.
EXHIBIT 6
1 of 4
31C-14
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. All stanchions or
barriers located on public property 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. Under no circumstances may contract
security personnel consume alcoholic beverages during their work shift.
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 "ail 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.
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.
2of4
31 C -15
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.
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:
a. Procedures for handling obviously intoxicated persons.
b. The method for establishing a reasonable ratio of employees to patrons,
based upon activity level, in order to ensure adequate staffing levels to
monitor beverage sales and patron behavior.
C. Procedures for 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).
d. Procedures for verifying the age of patrons for purposes of alcohol sales.
e. Procedures for ensuring that servers monitor patrons to ensure that their
drinking limit /potential intoxication is not exceeded. This procedure should
include a description of the procedure the server would use to warn, or
refuse to serve, the patron.
f. Procedures for calling the police regarding observed or reported criminal
activity.
g. Procedures for management of queuing lines.
h. The location and description of any video games proposed to be on the
premises.
3of4
31 C -16
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. If
the proposed dining area or fencing is in the public right of way, the applicant must
obtain all required permits and approvals from the Public Works Agency.
25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of
the gross floor area of the licensed establishment.
4of4
31 C -17
ROH — 06/23/14
RESOLUTION NO. 2014 -22
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2014 -20 TO ALLOW A TYPE 47
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE
PROPERTY LOCATED AT 3811 SOUTH BRISTOL STREET
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. 2014-
20 for a Type 47 (on -sale general) Alcoholic Beverage Control (ABC)
license to allow the sales of beer, wine and distilled spirits for the property
located at 3811 South Bristol Street.
B. Conditional Use Permit No. 2014 -20 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
June 23, 2014.
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 alcohol beverage license will provide an
ancillary service to the restaurant customers by allowing
them the ability to purchase beer, wine and distilled spirits
with their food throughout the establishment. This will
thereby benefit the community by providing a restaurant with
an additional and complementary food - related amenity.
Additionally, conditions have been placed on the alcoholic
beverage control license which will mitigate any potential
impacts created by the use and ensure that the use will not
negatively affect the surrounding community.
Resolution No. 2014 -22
Page 1 of 5
31 C -18
2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety or general welfare of
persons residing or working in the vicinity?
The proposed license for the on -sale consumption of beer,
wine and distilled spirits at this location will not be
detrimental to persons residing or working in the vicinity
because conditions have been placed on the alcoholic
beverage control license that will mitigate any potential
negative or adverse impacts created by the use. In addition,
the use will primarily occur within the premises and in
outdoor seating areas that are not oriented toward any
residential use. Additionally, the proposed ABC license is
incidental to the primary 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 guests and other
visitors. Moreover, the offering of alcoholic beverages
allows the restaurant to become economically viable and
contribute to the overall success of the neighborhood -
serving shopping center in which it is located, 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, wine and distilled spirits pursuant to
Chapter 41 of the Santa Ana Municipal Code. The facility
has the kitchen equipment necessary to be considered a
bona fide restaurant use and is eligible to obtain a restaurant
related alcoholic beverage control license. Additionally, the
restaurant will utilize only 2.2 percent of the gross floor area
for the display and storage of alcoholic beverages, which is
below the maximum threshold established by the SAMC.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
Resolution No, 2014 -22
Page 2 of 5
31 C -19
The proposed use will not adversely affect the City's General
Plan. Policy 2.2 of the Land Use Element encourages land
uses that accommodate the City's needs for goods and
services. A full- service restaurant with an ancillary alcohol
license provides a dining service to the residents of Santa
Ana, as well as visitors to the surrounding area. Further,
restaurant and ancillary uses such as on- premise alcohol
sales are permitted within the District Center (DC) land use
designation. The proposed project is not located in a
specific plan area in the City. Further, Policy 2.9 of the Land
Use Element supports developments that create a business
environment that is safe and attractive. The physical
improvement to the building will create an enhancement to
the existing center and promote commercial activity in the
area. Policy 5.5 of the Land Use Element encourages
development that is compatible with and supporting of
surrounding land uses. The Buffalo Wild Wings restaurant
will be located in a commercial area and is compatible with
the surrounding commercial businesses and nearby
residential uses.
E. 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 operating, permitting and licensing of
existing private structures with negligible or no expansion of the existing
use. The proposed application is to approve an alcoholic beverage control
license and allow the sale of beer, wine and distilled spirits within an
existing commercial building. Categorical Exemption Environmental
Review No. 2014 -54 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana hereby
approves Conditional Use Permit No. 2014 -20 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 June 23, 2014, and exhibits attached thereto; and the public
testimony, all of which are incorporated herein by this reference.
Resolution No. 2014 -22
Page 3 of 5
31 C -20
ADOPTED this 23rd day of June , 2014.
AYES: Commissioners: Alderete, Bacerra,
Yrarrazaval(7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Ryan O. Hodge
Assistant City Attorney
Bauer, Gartner, Mill, Nalle,
Eric Alderete
Chairman
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ROSA BARELA, Clerk of the Planning Commission, do hereby attest to and certify the
attached Resolution No. 2014 -22 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on June 23, 2014.
Date:
Clerk of the Planning Commission
City of Santa Ana
31 C -21
Resolution No. 2014 -22
Page 4 of 5
Conditions for Conditional Use Permit No. 2014 -20
Conditional Use Permit No. 2014 -20 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.
A. Planning Division
Alcoholic beverages in containers of less than 16 oz. cannot be sold by
single containers for off -site consumption, but must be sold in pre - packaged
multi -unit quantities.
2. The subject property is located more than 150 feet from property zoned
and used for residential and, as such, does not require a conditional use
permit for after -hours operation in the CR zone pursuant to Santa Ana
Municipal Code Section 41- 442.5(d). Accordingly, this property is not
sect to Santa Ana Municipal Code Section 41- 196(8)(3), which requires
a conditional use permit for restaurants selling alcohol after 12:00 a.m.
and before 8:00 a.m. (Added by the Planning Commission June 23,
2014.)
, 111:7[%1
Resolution No. 2014 -22
Page 5 of 5
31 C -22