Loading...
HomeMy WebLinkAbout31A - CUP - 225 1/2 N BROADWAYREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: 2, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2014 -33 FOR A TYPE 47 ALCOHOL BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2014-34 TO ALLOW AFTER -HOURS OPERATION UNTIL 2:00 A.M., CONDITIONAL USE PERMIT NO. 2014-35 TO ALLOW A BANQUET USE, AND CONDITIONAL USE PERMIT NO. 2014 -42 TO ALLOW AN INDOOR COMMERCIAL RECREATION USE FOR THE COPPER DOOR AT 225% NORTH BROADWAY — ALVIN OH, APPLICANT {STRATEGIC PLAN NOS. 3,2; 3,4) J CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: =9000:491 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 °' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -33, Conditional use Permit No. 2014 -34 as conditioned, Conditional Use Permit No. 2014 -35 as conditioned, and Conditional Use Permit No. 2014 -42 as conditioned. PLANNING COMMISSION ACTION On November 24, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -33 for a Type 47 Alcoholic Beverage Control license in order to sell beer, Wine and distilled spirits for on- premise consumption; Conditional Use Permit No. 2014 -34 as conditioned to allow business operations until 2:00 a.m.; Conditional Use Permit No. 2014 -35 as conditioned to allow a banquet use; and Conditional Use Permit No. 2014 -42 as conditioned to allow an indoor commercial recreation use by a vote of 5:0 (Alderete and Yrarrazaval absent) for the Copper Door located at 225'/2 North Broadway in the Transit Zoning- Downtown (SD84) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION The Copper Door is requesting a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer, wine and distilled spirits to patrons at the restaurant, to remain open until 2:00 a.m., to operate as a banquet facility, and to allow indoor entertainment in the form of billiard tables. The restaurant will be a full service eating establishment that will hold approximately 20 seats at the bar and 247 within the 5,842 square foot space. A 100 square foot outdoor dining area is also proposed. Full -sized plans are available for public viewing in the Clerk of the Council Office. 31A-1 CUP Nos. 2014 -33, 2014 -34, 2014 -35 & 2014 -42 December 2, 2014 Page 2 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) and Objective No. 4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination). FISCAL IMPACT There is no fiscal impact associated with this action Karen Haluza Interim Executive Director Planning & Building Agency HS:rb ha:Copperpoor /wp14- 33.34.36&42 Copper Dwr.m Exhibit: A. Planning Commission Staff Report 31A-2 F)Ila GfIVIing fmoIMllt6ss, loo AAdoin PLAd ,,A &h91INGa COMMISSION ME11f flING DA1 "E: NOVEMBER 24, 2014 TIId II E:„ PUBLIC HEARING - FILED BY ALVIN OH FOR CONDITIONAL USE PERMIT NO. 2014 -33 FOR A TYPE 47 ALCOHOL BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2014 -34 TO ALLOW AFTER -HOURS OPERATION UNTIL 2:00 A.M., CONDITIONAL USE PERMIT NO. 2014 -35 TO ALLOW A BANQUET USE, AND CONDITIONAL USE PERMIT NO. 2014 -42 TO ALLOW AN INDOOR COMMERCIAL RECREATION USE FOR THE COPPER DOOR AT 225'/2 NORTH BROADWAY {STRATEGIC PLAN NOS. 3,2; 3,4) F„rj,,).ared dy Hally Soboleske 11311 ANIIOINGd C01MIMIISSIIOIN q.Gn:CRE III MARY AI ,11_T, (:)ff 1_I1) C7 A Iteconlil el ded, I l As Arno nded " - ;el P111 lic Nn uuq Fol 7 'taff RGi c mmrr�fidation _OIN I .IINUED "10 2. Adopt a resolution approving Conditional Use Permit No. 2014 -34 as conditioned to allow business operations until 2:00 a.m. 3. Adopt a resolution approving Conditional Use Permit No. 2014 -35 as conditioned to allow a banquet use. 4. Adopt a resolution approving Conditional Use Permit No. 2014 -42 as conditioned to allow an indoor commercial recreation use. DISCUSSION Request of Applicant Alvin Oh, representing the the Copper Door restaurant, is requesting approval of a conditional use permit (CUP) for a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of beer, wine and distilled spirits at the restaurant. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). The applicant is also requesting CUP's to allow the business to remain open until 2:00 a.m., to allow a banquet use to host private events, and to allow an indoor commercial recreation use in the form of billiards. Establishments that are open between 12:00 midnight and 7:00 a.m., that have banquet facilities for private events, and which provide indoor commercial recreation require a respective CUP pursuant to Section 41 -2007 of the SAMC. EXHIBITA 31A-3 CUP Nos. 2014 -33, 2014 -34, 2014 -35 & 2014 -42 November 24, 2014 Page 2 Project Location and Site Description The Copper Door restaurant is currently located within the historic 1925 Pacific Building's basement at the southeast corner of Broadway and Third Streets. The lot is approximately 6,251 square feet in size and is developed with a two - story, 18,000 square foot commercial building with a full basement. The restaurant occupies a 5,842 square foot suite in the basement underneath Chapter One: The Modern Local restaurant. The Pacific Building was placed on the Santa Ana Register of Historical Properties in 2001 as a Key structure. Surrounding land uses include a City -owned parking structure to the north, commercial /office land uses to the south and east, and a private parking lot to the west. Residential land uses are approximately 185 feet to the west (Exhibits 1, 2, and 3). Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project vicinity indicates there are currently 15 ABC licenses located within 500 feet of the project site in addition to the proposed license. These ABC licenses include three Type 41 licenses (on -sale beer and wine), nine Type 47 ABC licenses (on -sale beer, wine and distilled spirits), one Type 42 license (public premise beer and wine only), one Type 48 (public premise beer, wine and distilled spirits), and one Type 23 license (brewery). However, this information does not affect the analysis or recommendation contained in this report. Proiect Description The Copper Door restaurant currently occupies a 5,842 square foot space in the basement of the Pacific Building. The building has traditionally contained a mixture of commercial uses, including retail, office and service uses. The Copper Door was established in 2010 and possesses a Type 40 ABC license for beer sales that was approved via a Land Use Certificate in the 1980s when the previous tenant, Broadway Billiards, was established. After a fire in 2012 and substantial water damage, the Copper Door rehabilitated the space to include a restaurant use that began operations earlier this year. In conjunction with the restaurant, the applicant is requesting approval of a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer, wine, and distilled spirits to patrons at the restaurant and to remain open until 2:00 a.m. The restaurant will be a full service eating establishment that will hold approximately 20 seats at the bar, and 247 within its approximate 1,800 square foot dining room. A 100 square foot outdoor dining area is also proposed. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. Overall alcohol storage and display areas will contain approximately 24 square feet, which is less than five percent of the floor area and is consistent with the SAMC requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol storage and display (Exhibits 4 and 5). The applicant also proposes to provide a banquet use that would allow the closure of the restaurant to the general public in order to host private parties. 31A-4 CUP Nos. 2014 -33, 2014 -34, 2014 -35 & 2014 -42 November 24, 2014 Page 3 To enhance the dining experience and to provide an additional amenity at the restaurant, the applicant is requesting approval to allow two pool tables (approximately 600 square feet) and a stage area for live music and /or DJ's (approximately 225 square feet). Project Background The Pacific Building was constructed in the Classical Revival style in 1925. The building has been occupied by a variety of retail, restaurant and office uses on the upper floor, with Broadway Billiards occupying the basement from 1970 until it vacated in 2010. The Copper Door began occupying the site in 2010 and operated as a bar (Type 40 ABC) with billiards and music. In conjunction with the new restaurant, they would like to maintain the music and pool tables. Replacement of an existing Type 40 ABC license with a Type 47 ABC license is appropriate as a Type 40 ABC license allows for the service of beer without a kitchen facility. A facility that possesses a Type 47 ABC license will be a bona fide eating establishment and is consistent with other downtown businesses. The Copper Door restaurant is an independently owned and operated restaurant that serves lunch and dinner seven days a week. The restaurant features a variety of hamburgers, hot and cold sandwiches, including sliders and flatbreads, and a variety of hot and cold appetizers. The proprietor, Alvin Oh, has been involved with other company start -ups, with this his first restaurant endeavor. General Plan and Zoning Consistency The General Plan land use designation for the site is District Center (DC). District Center areas are designed to serve as anchors for the City's commercial corridors, and to accommodate major development activity. District Centers are to be developed with an urban character including a mix of office, commercial and residential land uses including other restaurants with ABC licenses. The project site is consistent with this General Plan land use designation. The zoning for the site is the Transit Zoning Code /Specific Development No. 84 (SD -84). The SD- 84 zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning code. 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 will contribute to the general well being of the neighborhood or community. 31A-5 CUP Nos. 2014 -33, 2014 -34, 2014 -35 & 2014 -42 November 24, 2014 Page 4 • 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 a 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 requests, staff believes that the following findings of fact warrant approval of the conditional use permits. Conditional Use Permit No. 2014 -33 — Type 47 ABC license: The Copper Door restaurant is requesting approval of an upgrade from a Type 40 ABC license to a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer, wine, and distilled spirits. The applicant intends to sell alcoholic beverages as an ancillary service to the primary restaurant use. They also propose a 100 square foot outdoor patio to the rear of the building at grade. Staff has reviewed the applicant's request and has determined that the proposed establishment is in compliance with the standards for establishments selling alcoholic beverages. The proposed alcoholic beverage license will provide for an ancillary service to the restaurant's customers by allowing them the ability to purchase beer, wine, and distilled spirits with their food. The Type 47 ABC license is only issued to restaurants that meet the State's standards as a bona fide eating establishment indicating that alcohol sales are not intended to be the primary use of the business. Conditions have been placed on the alcoholic beverage control license, which further emphasize the sales of alcohol as an ancillary use. 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 upon the alcoholic beverage control license that will mitigate any potential negative or adverse impacts that could be created by the use. In addition, the use will occur within the premises in accordance with the standards of the State Department of Alcoholic Beverage Control. 31A-6 CUP Nos. 2014 -33, 2014 -34, 2014 -35 & 2014 -42 November 24, 2014 Page 5 • 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, wine and distilled spirits 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 use 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 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 Pacific Building has undergone a significant rehabilitation effort representing a large capital investment. Tenanting this building with a full - service restaurant use further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The Pacific Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and tenanting of this building supports its retention and reuse. Conditional Use Permit No. 2014 -34 — After Hours Operation: Santa Ana Municipal Code (SAMC) Section 41 -2007 (Table 2A) requires a conditional use permit for any eating establishment with hours of operation between 12:00 a.m. and 7:00 a.m. The proposed hours of operation for Copper Door restaurant are 11:00 a.m. to 2:00 a.m., seven days a week which is consistent with the operating hours of other downtown restaurants. The Copper Door restaurant proposes to be open for lunch and dinner. They also propose a 100 square foot outdoor patio that would be closed at midnight. The proposed after -hours operation will provide an ancillary service to the restaurant customers by allowing them the ability to offer meals after 12:00 midnight, thereby providing an additional dining option within the downtown area. This will benefit the community by providing a restaurant with an additional and complementary food - related amenity. The after -hours operation is consistent with that of other restaurants in the downtown and offers customers another late night dining alternative. Conditions have been placed on the after -hours permit that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 31A-7 CUP Nos. 2014 -33, 2014 -34, 2014 -35 & 2014 -42 November 24, 2014 Page 6 • The proposed after -hours operation is consistent with other restaurants operating in the downtown, and provides an additional food option for local residents and visitors. The after -hours operation will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, no outdoor dining activity is proposed so all activities will be located within the premises. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer after -hours meals to their patrons. Moreover, the late night hours allows the restaurant to remain economically viable and contributes to the overall success of the downtown area in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. The after - hours operation will contribute to the success of downtown by widening the time frame that food service is available thereby encouraging customers to stay longer in the area. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant open after 12:00 midnight pursuant to Chapter 41 of the Santa Ana Municipal Code. • The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant that operates after hours will provide a dining service to the residents of Santa Ana. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval, in conjunction with the operational standards for the proposed Type 47 ABC license will help maintain a safe and attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Copper Door restaurant is located in a commercial corridor and is compatible with surrounding land uses. A restaurant with after -hours operations provides a dining service to the residents of Santa Ana. Conditional Use Permit No. 2014 -35 — Banquet Use: The Copper Door also proposes to operate an ancillary banquet facility, which would allow a portion of the restaurant to be closed to the general public for private events. Per the SAMC, banquet facilities must have a kitchen facility, sanitation facilities, and a licensed security guard for every 100 persons in attendance per event. As proposed, the project meets or exceeds the standards for a banquet use. The allowance of a banquet facility at the Copper Door will be consistent with other restaurants in the area and will result in a facility that maintains a stronger economic viability due to the ability to host private events. 31A-8 CUP Nos. 2014 -33, 2014 -34, 2014 -35 & 2014 -42 November 24, 2014 Page 7 • The proposed banquet facility will provide an ancillary service to the restaurant and their customers by providing a space to host special functions. This will benefit the community by providing the Copper Door with an additional and complementary food - related amenity within the City. Conditions have been placed on the CUP that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. • The proposed banquet facility at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, a banquet facility at this location will provide an ancillary service to the community, and will occur within the premises and is incidental to the primary restaurant use. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer banquet facility for special events and private parties. Moreover, the banquet use will allow the restaurant to remain economically viable and contribute to the overall success of the downtown area in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on restaurants operating a banquet use pursuant to Chapter 41 of the Santa Ana Municipal Code. • The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with a banquet facility will provide an additional dining service to the residents of Santa Ana. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operation standards for the proposed banquet will maintain a safe and attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Copper Door restaurant is located in a commercial corridor and is compatible with surrounding land uses. Conditional Use Permit No. 2014 -42 — Indoor Commercial Recreation: Santa Ana Municipal Code (SAMC) Section 41 -2007 (Table 2A) requires a conditional use permit for any establishment that provides indoor commercial recreation. The Copper Door restaurant proposes to offer two pool tables for patron use, and a 225 square foot stage area for live music performances and /or DJ's. 31A-9 CUP Nos. 2014 -33, 2014 -34, 2014 -35 & 2014 -42 November 24, 2014 Page 8 • The proposed indoor commercial recreation operation will provide an ancillary service to the restaurant customers by allowing them the ability to offer an additional amenity to their patrons, thereby benefiting the community by providing a restaurant with an additional and complementary amenity. The proposed billiard tables and music is consistent with other restaurants in the downtown. Conditions have been placed on the indoor commercial recreation use that will mitigate any potential impacts created by the use and ensure it will not negatively affect the surrounding community. • The proposed billiard tables and music offerings provide an additional dining amenity for local residents and visitors. The recreation activity will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, no recreational activity will take place outdoors. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to offer additional service that will enhance the appeal of the restaurant. Moreover, the indoor recreation will provide another way for the restaurant to remain economically viable and contribute to the overall success of the downtown area in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. The indoor recreation will contribute to the success of downtown by providing additional options at the restaurant that complement the dining related amenities available thereby encouraging customers to stay longer in the area. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant with an indoor commercial recreation use pursuant to Chapter 41 of the Santa Ana Municipal Code. • The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant that operates billiards and provides music during meals will provide additional dining amenities to the residents of Santa Ana. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval, in conjunction with the operational standards for the proposed Type 47 ABC license, will help maintain a safe and attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed Copper Door restaurant is located in a commercial corridor and is compatible with surrounding land uses. A restaurant with indoor commercial recreation provides an additional dining amenity to the residents of Santa Ana. 31A -10 CUP Nos. 2014 -33, 2014 -34, 2014 -35 & 2014 -42 November 24, 2014 Page 9 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 225'/2 North Broadway is located in Reporting District No. 165. This reporting district is 20 percent higher than the average number of reported crimes in all reporting districts. Although the crime rate is 20 percent higher, the Police Department contends that the operational standards and proposed conditions of approval will mitigate any potential negative impacts to the surrounding community. As a result, conditions of approval are included as required by the SAMC that will address any concerns. Public Notification The project site is located within the boundaries of the Downtown Neighborhood Association and the Lacy Neighborhood Association, and is within the Downtown National Register Historic District. Staff contacted the presidents of the Downtown Neighborhood Association and the Lacy Neighborhood Association to ensure they were notified of this project and to identify any areas of concern. Tish Leon of the Downtown Neighborhood Association supports the proposed project, and Jose Leal, the Lacy Neighborhood president, did not have any concerns at this time. The project site itself 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. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. 31A-1 1 CUP Nos. 2014 -33, 2014 -34, 2014 -35 & 2014 -42 November 24, 2014 Page 10 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 private structures and facilities when there is no expansion of the existing use, but allows the operation, repair, maintenance, permitting, or leasing of existing structures. Categorical Exemption Environmental Review No. 2014 -59 will be filed for this project. 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) and Objective No. 4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination. Cnnrliminn Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -33, Conditional Use Permit No. 2014 -34 as conditioned, Conditional Use Permit No. 2014 -35 as conditioned and Conditional Use Permit No. 2014 -42 as conditioned. Hally Sobo esk� e Associate Planner HS:jm hs:Copperpoor /cup14- 33,34 &42 Copper Door. 112414.pc Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo (Entry) Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments 31A -12 SEVENTEENTH ST. Gc O] � so- „R2 P� ■ mJ ��E ft2 P p p suss soss R2 P P O 1,,.1° FIRST m L SPd SPd rLL rrL W -3 SP -3 L� sr' SP3 l SP-3 r", ` r l 1V }�,Jole oc or Z of N or Al GBJ LACddIXlMRALr CR COMMR ALRERDRMAL R1 SNC FAMILYF DB AL -8 KFNNGMMIIFICATON CC COVHdJMEYi� F2 TMFAMILYFESMCE GW CCMMEROALMUR MAIN Mi UC TINDUS AL. m MULRR- EMSWMULMI Ci OOMMUNITYCOMMHUAL M2 HWYINDUS AL FAMILYFOMCE Cl-MD CfXv1M.CDMMFRDAUMU`. MDIS U MO MIUTARIOPQiMN5 RA 9JWJ NAFARfMB C2 GEJ LODMMH AL 0 OF SHCE FE RESDU AL STATE 0 CBJ LWSNE P F FEMONAL m 3 RGDE4a0 MT CU CCNP LMINESARR MILLAGE PCD F NN®CCMMUNIWDEVD_01WE sp S-EDRCi RAN G RANNED910FflN MTER Sim FLANNED EEIDENMLDE OfMEW Cs AR ALCOMMEFUAL CUP-2014-33,34,35, & 42 �- COPPER DOOR 225 1/2 NORTH BROADWAY - — = 500 FEET T' = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 3 f W13 I I II :ulvvlvF�I�z - ___7R 3RD W.,"m MULTI - F A M I L Y RESIDENCE 1ST COMM. } O ¢ O COMM. cc m MULTI- FAMILY RESIDENCE � I UJ PARKING STRUCTURE STREET COMM. J w } V J J � z � w � V � I UJ PARKING STRUCTURE STREET COMM. COMMERCIAL 2ND COMMERCIAL STREET COMMERCIAL STREET CUP-2014-33,34,35i, & 42 COPPER DOOR. 225 1/2 NORTH BROADWAY s4° P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A -14 CUP - 2014 -33, 34, 35, & 42 THE COPPER DOOR 225 % NORTH BROADWAY EXHIBIT 3 31A-15 .E �X H 10 1,14 31A-lb Cf) co UJ NO W 0 U3 x 0 0 70 LLJ LU 0 ct� CL z Cl. uj Q H U-J Ul 0 Ln < o < CO u Ai'd3dOW 1M30VrOV .E �X H 10 1,14 31A-lb Cf) co 0 Ln - -.. ..... IMP �_ 1 ' Interior Material o— m � n,.. a,vr•.. noo, „o,aao —O on, O ... O J 0w0ex�0w0�e 0 ------ Nil rl7r$ ` 000000 r ° , WMEMOt t - , .eM.x n•� " = I •.. w. ,....m e. m. r - - -- SEfi9 Sq. Ft. y °a�w°'� --� p •., w..,.. m• `QCy =1111 O�»m, _„ ® iDa —vi 7 — ..__ Lower Level Floor Plan Historic Building 9 ...- ......_.._... q (State &_(..ocal Reglstery) ,i<' =,� -o° noon sm nqu�n EXHIBIT 5 31A -17 EXHIBIT 5 31A -17 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 1. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to 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. 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. 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. 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. EXHIBIT 6 31'Af- -418 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 "all you can drink for..." or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC ") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 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. 312A 4 19 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article ll, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards 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. 31 J20 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. 31A421 ROH - 11/24/14 RESOLUTION NO. 2014 -42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2014 -33 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE; CONDITIONAL USE PERMIT NO. 2014-34 AS CONDITIONED TO ALLOW AFTER -HOURS OPERATION; CONDITIONAL USE PERMIT NO. 2014-35 AS CONDITIONED TO ALLOW A BANQUET USE; AND, CONDITIONAL USE PERMIT NO. 2014-42 AS CONDITIONED TO ALLOW AN INDOOR COMMERCIAL RECERATION USE FOR THE PROPERTY LOCATED AT 2251/2 NORTH BROADWAY 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 -33 to allow a Type 47 Alcoholic Beverage Control (ABC) license; Conditional Use Permit No. 2014 -34 to allow after -hours operations until 2:00 a.m.; Conditional Use Permit No. 2014 -35 to allow a banquet use; and, Conditional Use Permit No. 2014 -42 to allow an indoor commercial recreation use for the property located at 2251/2 North Broadway. B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use permit for: the sale of alcoholic beverages for on -site consumption, businesses operating between the hours of 12:00 a.m. and 7:00 a.m., banquet uses, and indoor commercial recreation. C. On November 24, 2014, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -33, Conditional Use Permit No. 2013 -34, Conditional Use Permit No. 2014 -35, and Conditional Use Permit No. 2014 -42. 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 -33 to allow for a Type 47 ABC license: Resolution No. 2014 -42 31A-22 Page 1 of 12 Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed alcohol beverage license will provide an ancillary service to restaurant customers by allowing them the ability to purchase beer, wine and distilled spirits with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards have been placed on the alcoholic beverage control license that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed license for the on -sale consumption of alcohol at this location will not be detrimental to persons residing or working in the vicinity because the applicable standards for an on -sale alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and is incidental to an established bona fide eating establishment 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 restaurants in the area that also offer full alcoholic beverages for sale to their guests and other visitors. Additionally, the ABC license will allow the restaurant to be economically viable and contribute to the success of the City of Santa Ana's economy. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations imposed on a restaurant selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility has the kitchen facility 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 less than five percent of the gross floor area for the storage of alcoholic Resolution No. 2014 -42 31A-23 Page 2 of 12 beverages, which is below the maximum threshold established by the Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 1.8 of the Land Use Element encourages a balance of land uses to address basic community needs through encouraging commercial services. Approval of The Copper Door will provide additional dining and retail uses within the Downtown, which is a primary commercial area of the city. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for various goods and services, and this facility proposes a new food establishment in the downtown area. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The Pacific Building has undergone a 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 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The Pacific Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 47 ABC license are intended to maintain a safe and attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Copper Door restaurant will be located in a commercial corridor and is compatible with surrounding land uses. Restaurants with an ancillary alcohol license provide a dining service to the residents of Santa Ana. 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 -34 to allow for after hours operation: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? Resolution No. 2014 -42 31A-24 Page 3 of 12 The proposed after -hours operation will provide an ancillary service to the restaurant customers by allowing them the ability to offer meals after 12:00 midnight, thereby providing an additional dining option within the downtown area. This will benefit the community by providing a restaurant with an additional and complementary food - related amenity. The after -hours operation is consistent with that of other restaurants in the downtown and offers customers another late night dining alternative. Conditions have been placed on the after -hours permit that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 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 operation is consistent with other restaurants operating in the downtown, and provides additional food choices for local residents and visitors. The after -hours operation will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, the after -hours dining will occur within the premises and will not create adverse impacts. 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 after - hours meals to their patrons. Moreover, the late night hours allows the restaurant to remain economically viable and contributes to the overall success of the downtown area in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. The after -hours operation will contribute to the success of downtown by widening the time frame that food service is available thereby encouraging customers to stay longer in the 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 Resolution No. 2014 -42 31A-25 Page 4 of 12 restaurant open after 12:00 midnight pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant that operates after hours will provide a dining service to the residents of Santa Ana, nearby employees, and outside visitors. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval, in conjunction with the operational standards for the proposed Type 47 ABC license will help maintain a safe and attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed Copper Door restaurant will be located in a commercial corridor and is compatible with surrounding land uses. A restaurant with after -hours operations provides a dining service to the residents of Santa Ana. F. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2014 -35 to allow for a banquet use: 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 banquet facility will provide an ancillary service to the restaurant and their customers by providing a space to host special functions. This will benefit the community by providing the Copper Door with an additional and complementary food - related amenity within the City. Conditions have been placed on the CUP that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed banquet facility at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will Resolution No. 2014 -42 31A-26 Page 5 of 12 mitigate any potential negative or adverse impacts created by the use. In addition, a banquet facility at this location will provide an ancillary service to the community, and will occur within the premises and 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 banquet facility for special events and private parties. Moreover, the banquet use will allow the restaurant to remain economically viable and contribute to the overall success of the downtown area in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. 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 restaurants operating a banquet use pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with a banquet facility will provide an additional dining service to the residents of Santa Ana. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operation standards for the proposed banquet will maintain a safe and attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Copper Door restaurant is located in a commercial corridor and is compatible with surrounding land uses. G. 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 -42 to allow an indoor commercial recreation use: Resolution No. 2014 -42 31A-27 Page 6 of 12 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 operation will provide an ancillary service to the restaurant customers by allowing them the ability to offer an additional amenity to their patrons, thereby benefiting the community by providing a restaurant with an additional and complementary amenity. The proposed billiard tables and music is consistent with other restaurants in the downtown. Conditions have been placed on the indoor commercial recreation use that will mitigate any potential impacts created by the use and ensure that it will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed billiard tables and music offerings provide an additional dining amenity for local residents and visitors. The recreation activity will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, no recreational activity will take place outdoors. 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 offer additional service that will enhance the appeal of the restaurant. Moreover, the indoor recreation will provide another way for the restaurant to remain economically viable and contribute to the overall success of the downtown area in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. The indoor recreation will contribute to the success of downtown by providing additional options at the restaurant that complement the dining related amenities available thereby encouraging customers to stay longer in 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 Resolution No. 2014 -42 31A-28 Page 7 of 12 restaurant with an indoor commercial recreation use pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant that operates billiards and provides music during meals will provide additional dining amenities to the residents of Santa Ana. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval, in conjunction with the operational standards for the proposed Type 47 ABC license, will help maintain a safe and attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed Copper Door restaurant is located in a commercial corridor and is compatible with surrounding land uses. A restaurant with indoor commercial recreation provides an additional dining amenity to the residents of Santa Ana. H. 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 private structures and facilities when there is no expansion of the existing use, but allows the operation, repair, maintenance, permitting, or leasing of existing structures. Categorical Exemption Environmental Review No. 2014 -59 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 -33; Conditional Use Permit No. 2014 -34 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein; Conditional Use Permit No. 2014 -35 as conditioned in Exhibit B attached hereto and incorporated as though fully set forth herein; and, Conditional Use Permit No. 2014 -42 as conditioned in Exhibit C attached hereto and incorporated as though fully set forth herein. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated November 24, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2014 -42 31A-29 Page 8 of 12 ADOPTED this 24th day of November, 2014 by the following vote: AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete, Yrarrazaval (2) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2014 -42 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 24, 2014. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2014 -42 31A-30 Page 9 of 12 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2014 -34 (After -Hours Operation) Conditional Use Permit No. 2014 -34 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. 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. 3. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 4. There shall be no amplified sound used outside the building. 5. A Trash Program and submittal of a notarized and recorded Reciprocal Trash Agreement shall be provided prior to issuance of a Certificate of Occupancy. 6. Sign permits (both permanent and temporary) are under separate submittal. 7. Special events are subject to a Land Use Certificate where such activities will take place outside of the restaurant building. 8. The restaurant may remain open until 2:00 a.m., and all restaurant activities must take place within the premises. Resolution No. 2014 -42 31A-31 Page 10 of 12 Conditions for Approval of Conditional Use Permit No. 2014 -35 (Banquet Use) Conditional Use Permit No. 2014 -35 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. 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. 3. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 4. There shall be no amplified sound used outside the building. 5. A Trash program and submittal of a notarized and recorded Reciprocal Trash Agreement shall be provided prior to issuance of a Certificate of Occupancy. 6. Sign permits (both permanent and temporary) are under separate submittal. 7. Special events are subject to a Land Use Certificate where such activities will take place outside of the restaurant building. Resolution No. 2014 -42 31A-32 Page 11 of 12 EXHIBIT C Conditions for Approval of Conditional Use Permit No. 2014 -42 (Indoor Commercial Recreation) Conditional Use Permit No. 2014 -42 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. 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. 3. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 4. There shall be no amplified sound used outside the building. 5. A Trash Program and submittal of a notarized and recorded Reciprocal Trash Agreement shall be provided prior to issuance of a Certificate of Occupancy. 6. Sign permits (both permanent and temporary) are under separate submittal. 7. Special events are subject to a Land Use Certificate where such activities will take place outside of the restaurant building. Resolution No. 2014 -42 31A-33 Page 12 of 12 31A-34