HomeMy WebLinkAbout20140527_2014-17_120WFifthStROH - 05/27/14
RESOLUTION NO. 2014 -17
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING: CONDITIONAL
USE PERMIT NO. 2014 -11 AS CONDITIONED TO ALLOW
AFTER -HOURS OPERATION AND CONDITIONAL USE
PERMIT NO. 2014-12 AS CONDITIONED TO ALLOW
INDOOR COMMERCIAL RECREATION FOR THE
PROPERTY LOCATED AT 120 WEST FIFTH 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. Applicant is requesting approval of: Conditional Use Permit No. 2014 -11 to
allow after -hours operations and Conditional Use Permit No. 2014 -12 to
allow indoor commercial recreation for the property located at 120 West
Fifth Street.
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 establishments that provide indoor commercial recreation.
C. On May 27, 2014, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2014 -11 and Conditional Use
Permit No. 2014 -12.
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. 2014 -11 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 adults wishing to patronize the facility past 12:00
midnight and will enhance the facility's economic viability by
allowing it to offer services that compete with other similar
facilities where patrons currently take part in similar events.
After -hours operations are an integral component of the
tenant's business model, allowing its patrons to compete
Resolution No. 2014 -17
Page 1 of 13
against players in other time zones across the globe.
Moreover, the proposed hours of operation are consistent
with those of many entertainment and dining venues in
Downtown, contributing to the overall vitality of Downtown
Santa Ana. Conditions have been placed on this operation
to mitigate any potential problems created by the after -hours
operation to ensure that service past midnight will not
negatively impact the surrounding community, such as
requiring the establishment to maintain on- premise security
staff, provide security technology, and comply with the City's
curfew laws. Further, measures will be taken to limit
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
establishments of a similar nature that have similar hours of
operation and similar operational conditions. Further, the
building's location along the Fifth Street commercial corridor
mitigates several possible impacts from late -night operations
as the site is located away from sensitive residential uses
and is surrounded by other commercial uses and public
facilities. Finally, the establishment will remain in
compliance with the City's curfew laws, and the operators
will utilize age- verification means to ensure that minors are
not present during times that conflict current laws.
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 venue 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. By providing this service, the
facility will also be able to attract patrons during event
day /arena -style configurations, further enhancing its
economic viability. The proposed use complements the
existing mix of uses in the Downtown area, providing an
additional opportunity for recreation in the City while allowing
Resolution No. 2014 -17
Page 2 of 13
the patrons at the facility to support other businesses in the
immediate vicinity, such as retail stores, service uses, and
restaurants.
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
establishment that offers after -hours operations to members
of the public 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 ensure the security of patrons and compliance
with State and local laws for curfew, prevention of illegal
gaming, noise abatement, and other potential impacts.
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 uses in Downtown with extended hours of operation offers
additional commercial activity options for Santa Ana
residents and visitors. The granting of this conditional use
permit also contributes to the development of Downtown
Santa Ana as a regional destination. Furthermore, Policy
2.8 of the Land Use Element promotes the rehabilitation of
commercial properties, and encourages increased levels of
capital investment. The Ramona Building has undergone a
significant amount of rehabilitation in anticipation of the
proposed use. eSports Arena's tenancy will help ensure the
long -term maintenance of the building, which contains "Key'
status on the local register of historic buildings. 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 conditional use
permit for indoor commercial recreation 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 proposed facility will be located
in a commercial area and its operations will be compatible
with the surrounding commercial businesses.
Resolution No. 2014 -17
Page 3 of 13
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. 2014 -12 to allow for indoor
commercial recreation:
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 indoor commercial recreation venue will
provide a service to the community by allowing an additional
recreational use within the City and by adding a use to
Downtown that will complement the existing commercial
uses, such as retail and dining, within the vicinity. The
computer gaming and spectator facility has the potential to
draw clientele from local areas as well as from afar,
enhancing the commercial base of downtown and enhancing
the viability of other commercial uses in the area. Conditions
of approval will mitigate any potential impacts created by the
use and ensure that the use will not negatively affect the
surrounding community. The eSports Arena facility will offer
a range of services that includes computer gaming over a
secure local area network, spectator /arena -style events, and
a retail component. This unique use will contribute to the
diversification of 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 conditional use permit for a computer gaming
and spectator facility at this location will not be detrimental to
persons residing or working in the vicinity because
conditions have been placed on the use that will mitigate any
potential negative or adverse impacts created by the typical
and event day configurations. The tenant, eSports Arena,
will maintain the technology, procedures, and staffing
required in order to ensure that the facility remains compliant
with local and State laws. In addition, the use will occur
within the interior of the premises, with no outdoor
operations proposed at the location. Staff and security
personnel will maintain the area's order, preventing impacts
to adjacent sidewalks or streets from pedestrian activity or
vehicular circulation. The tenancy of the Ramona Building,
located on one of Downtown's most important corridors, will
enhance the safety of the immediate vicinity by reducing
Resolution No. 2014 -17
Page 4 of 13
vacancy at the site and bringing more activity to the area,
thereby enhancing security in the surrounding area.
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 facility to
operate, thereby reducing the vacancy rate in the Ramona
Building and creating the possibility for patrons to support
other local, complementing uses such as retail stores,
service uses, or restaurants. The tenant suites in which
eSports Arena is proposed have undergone significant
investment in order to modernize the building in preparation
for a high - technology use such as eSports Arena. The
conditional use permit will allow eSports Arena to operate,
enhancing the economic viability of the Ramona Building,
and contributes to the overall success of Santa Ana's
Downtown by reducing vacancies, promoting the success of
a local business, and allowing the facility's patrons the ability
to support other local businesses.
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
computer gaming and spectator facility pursuant to Chapter
41 of the Santa Ana Municipal Code. The facility will be
primarily maintained as a computer gaming facility, with
technology and staff available to ensure that the use remain
in compliance with the City's curfew laws and with the
standards in place for venues that offer computers for skill -
based gaming for use to the general public.
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 venue
that offers computer gaming and an arena for special events
offers additional recreation options for Santa Ana residents
and visitors. The granting of this conditional use permit also
contributes to the development of Downtown Santa Ana as a
regional destination. Furthermore, Policy 2.8 of the Land
Use Element promotes the rehabilitation of commercial
Resolution No. 2014 -17
Page 5 of 13
properties, and encourages increased levels of capital
investment. The Ramona Building has undergone a
significant amount of rehabilitation in anticipation of the
project, with additional improvements intended to restore the
building to its original nature. The tenancy of eSports Arena
within the Ramona Building will help ensure the long -term
maintenance of the historic building, which contains "Key"
status on the local register of historic buildings. 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 the
proposed computer gaming and spectator facility that will
maintain a safe and attractive environment in Downtown
Santa Ana. Complementing this, Policy 5.5 of the Land Use
Element encourages development that is compatible with
and supporting of surrounding land uses. The facility will be
located in a commercial area and its operations will
complement and will be compatible with the surrounding
commercial businesses. Finally, Goal 2 of the Economic
Development Element supports maintaining and enhancing
the diversity of the City's economic base. The proposed use
supports Policy 2.1 of this Element, creating the potential for
a high - growth business cluster that could attract high -
technology businesses and vendors to the project's vicinity,
and Policy 2.3, encouraging the development of mutually
beneficial and supportive business clusters. The proposed
computer gaming and spectator facility will attract patrons
who may continue to support other commercial services in
Downtown Santa Ana's thriving retail, service, and
restaurant areas.
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 operation, repair, maintenance, permitting,
or leasing of existing structures. Categorical Exemption Environmental
Review No. 2013 -100 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. 2014 -11 as conditioned
in Exhibit A attached hereto and incorporated as though fully set forth herein and
Conditional Use Permit No. 2014 -12 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 May 27, 2014 and exhibits attached thereto; and the
public testimony, all of which are incorporated herein by this reference.
Resolution No. 2014 -17
Page 6 of 13
ADOPTED this 27th day of May, 2014 by the following vote:
AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle,
Yrarrazaval (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: V
Ryan 0. odg
Assistan itytorney
Chairman
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ROSA BARELA, Acting Recording Secretary of the Planning Commission, do hereby
attest to and certify the attached Resolution No. 2014 -17 to be the original resolution
adopted by the Planning Commission of the City of Santa Ana on May 27, 2014.
Date:
Acting Recording Secretary of the
Planning Commission
City of Santa Ana
Resolution No. 2014 -17
Page 7 of 13
EXHIBIT A
Conditions for Approval of Conditional Use Permit No. 2014 -11
Conditional Use Permit No. 2014 -11 for after -hours operations 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.
1. The premises shall at all times be maintained as a computer gaming and spectator
facility only.
2. After -hours operations until 2:00 a.m. are only permitted for event day, arena -style
configurations only, subject to the provisions of Condition No. 3. (Added by the
Planning Commission on May 27, 2014.)
3. The establishment shall submit an annual program /schedule to the Planning
Division, Police Department, and Public Works Agency that contains details on
proposed or scheduled events, including the type of event, relevant
groups /organizations, dates, hours and duration, expected attendance, and any
other pertinent information. If a new event arises that is not part of the submitted
annual program /schedule, the establishment shall provide the agencies listed
above with such information at least 30 days in advance.
4. Any and all existing or new lighting on the building's exterior must be maintained in
working order.
5. There shall be no amplified sound used outside the building.
6. The computer gaming and spectator facility shall comply with the City's noise
ordinance at all times.
7. Minors /those under eighteen (18) years of age shall not be permitted to enter or
remain in the establishment during the following periods unless accompanied by a
parent or legal guardian:
a. Between 8:00 a.m. and 3:00 p.m., or after 10:00 p.m. on Monday through
Friday of each week;
Resolution No. 2014 -17
Page 8 of 13
Saturday and Sunday after 10:00 p.m.
C. The above weekday daytime hours of restriction shall not apply to vacation
days or school holidays as established by any public school district or
private school, kindergarten through twelfth grade, operating within the city.
Notice of these hours of restriction for minors shall be posted at all building
entrances in lettering of at least two (2) inches in size.
Resolution No. 2014 -17
Page 9 of 13
EXHIBIT B
Conditions for Approval of Conditional Use Permit No. 2014 -12
Conditional Use Permit No. 2014 -12 for indoor commercial recreation as a computer
gaming and spectator facility 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 and Building Agencv
1. The premises shall at all times be maintained as computer gaming and spectator
facility.
2. The establishment shall submit an annual program /schedule to the Planning
Division, Police Department, and Public Works Agency that contains details on
proposed or scheduled events, including the type of event, relevant
groups /organizations, dates, hours and duration, expected attendance, and any
other pertinent information. If a new event arises that is not part of the submitted
annual program /schedule, the establishment shall provide the agencies listed
above with such information at least 30 days in advance.
3. The computer gaming and spectator facility shall comply with the City's noise
ordinance at all times.
4. The sales, service, and consumption of alcoholic beverages shall be subject to the
issuance of a separate conditional use permit. It shall be the applicant's
responsibility to ensure that no alcoholic beverages are consumed on the subject
property or any property adjacent to the premises.
5. Minors /those under eighteen (18) years of age shall not be permitted to enter or
remain in the establishment during the following periods unless accompanied by a
parent or legal guardian:
a. Between 8:00 a.m. and 3:00 p.m., or after 10:00 p.m. on Monday through
Friday of each week;
b. Saturday and Sunday after 10:00 p.m.
Resolution No. 2014 -17
Page 10 of 13
C. The above weekday daytime hours of restriction shall not apply to vacation
days or school holidays as established by any public school district or
private school, kindergarten through twelfth grade, operating within the city.
d. Notice of these hours of restriction for minors shall be posted at all building
entrances in lettering of at least two (2) inches in size.
6. The facility shall not operate between 12:00 midnight and 7:00 a.m. unless in
conjunction with an approved after -hours conditional use permit and the conditions
of approval therein.
7. "No loitering" signs shall be posted at the front and rear entrances of the business.
In addition, a waiting area shall be provided for customers waiting to use a
computer. No outside seating area is permitted.
8. Employees shall be at least twenty -one (21) years of age after 10:00 p.m. and
shall be at least eighteen (18) years of age during all other times.
9. Occupancy shall not exceed that required under the uniform building code and
uniform fire code, and the maximum occupancy load shall be posted at the main
entrance.
10. The establishment shall maintain and operate a camera /video surveillance system
with recording capability during all business hours. The system shall cover the
entire interior of the premises and all entrances to and exits from the
establishment. The camera /video surveillance system shall be capable of
delineating on playback of the system the activity and physical features of persons
or areas within the premises.
a. Recordings shall be kept a minimum of seventy -two (72) hours.
b. The business owner shall permit the city to inspect the recordings during
business hours. The system shall be maintained in good working order,
including the running of the tapes, disks, or other digital media.
C. A sign shall be posted inside and at the entrance to the establishment
indicating that the premises are under camera /video surveillance.
d. The Police Department shall be granted access through an IP -based
system to all surveillance systems.
11. The business operator, at his /her expense shall provide a California licensed
uniform security guard on the premises Monday through Friday between 4:00 p.m.
and closing, and Saturday through Sunday between 12:00 p.m. and closing, at a
rate of one guard per one - hundred (100) patrons, with a minimum of one present,
during all special events.
Resolution No. 2014 -17
Page 11 of 13
a. The chief of police is authorized to require a specific owner /operator to
provide a security guard(s) on the premises at other hours of the day in the
event that there are significant calls for service relating to assaults, gang
related activity, weapons offenses, disturbances, and juvenile related crime,
including truancy, or other good cause.
b. Any decision of the chief of police may be appealed to the city council. Any
appeal shall be made within ten (10) calendar days following the date of the
decision by the chief of police. Further, such appeal period shall end at
5:00 p.m. on the tenth calendar day following such date of the written
decision by the chief of police. If such tenth calendar day ends on a
Saturday, Sunday or holiday, the 10 -day period shall end at 5:00 p.m. on
the next regular business day.
C. All appeals shall be in writing and on forms provided by the planning
department and shall specify wherein there was any error of decision or
requirement by the chief of police. Furthermore, a copy of such appeal
shall be filed with the planning department and the clerk of the council.
d. Upon receipt of such appeal, the planning department shall set the matter
for hearing by the city council.
e. The city council may, after public hearing, affirm, reverse, change, or modify
the original decision and may make any additional determination it shall
consider appropriate within the limitations imposed by this chapter. Such
decision shall be filed with the clerk of the council, and the planning
department; one (1) copy thereof shall be sent to the applicant.
12. During those times when patrons are restricted to 18 years of age or older, the
applicant shall at all times utilize an age verification means or device to ensure
compliance with the City's curfew laws.
13. Queuing lines outside the facility shall be managed in an orderly manner and all
disruptive patrons shall be denied entry. The business owner, or his designee,
shall be responsible for monitoring the queuing lines at all times.
14. Outdoor queuing lines 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.
15. Permissible window displays must be kept to a minimum for maximum visibility
and shall not exceed 25 percent of window coverage. Floor displays or furniture
near windows shall not exceed three feet in height.
Resolution No. 2014 -17
Page 12 of 13
16. Interior lighting shall be maintained at a minimum of thirty (30) footcandles of light
during typical day configurations when the facility is used as a computer gaming
facility.
17. 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.
18. The premises shall not be operated as an adult entertainment business as such
term is defined in SAMC Section 41- 1701.6. Any adult entertainment or access to
pornography is prohibited.
19. The applicant(s) shall be responsible for maintaining free of litter the area adjacent
to the establishment.
20. Install a silent armed robbery alarm.
21. Any activities or tournaments that meet State definitions and that conflict with State
laws on gambling, including "games of chance," are strictly prohibited.
22. There shall be no coin - operated games maintained on the premises at any time.
23. This conditional use permit serves to approve an indoor computer gaming and
spectator facility only. Any change in type of indoor commercial recreation as
defined by SAMC Sections 41 -142 and 41 -2080 is subject to approval of a new
conditional use permit.
B. Public Works Agency
1. A new wheelchair ramp shall be constructed at the southeast corner of Fifth Street
and Sycamore Street per Public Works Agency standards.
2. Drop -offs and /or pickups are prohibited along Fifth Street. No double - parking is
permitted at any time along any City streets.
3. A staff member or third -party security guard or traffic attendant shall be present at
all times during high - volume periods of business or event day configurations to
ensure that disruptions to vehicular, pedestrian, or cyclist circulation is minimized
on streets and sidewalks within the project vicinity.
Resolution No. 2014 -17
Page 13 of 13