HomeMy WebLinkAbout20140922_Reso2014-35_305NSpurgeonStROH - 09/22/14
RESOLUTION NO. 2014 -35
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING: CONDITIONAL
USE PERMIT NO. 2013 -43 TO ALLOW A TYPE 47
ALCOHOLIC BEVERAGE CONTROL LICENSE AND
CONDITIONAL USE PERMIT NO. 2013-44 AS
CONDITIONED TO ALLOW AFTER -HOURS OPERATION
FOR THE PROPERTY LOCATED AT 305 NORTH
SPURGEON 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. 2013 -43 to
allow a Type 47 Alcoholic Beverage Control (ABC) license and Conditional
Use Permit No. 2013 -44 to allow after -hours operations until 2:00 a.m. for
the property located at 305 North Spurgeon Street.
B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use
permit for: the sale of alcoholic beverages for on -site consumption and
businesses operating between the hours of 12:00 a.m. and 7:00 a.m.
C. On September 22, 2014, the Planning Commission held a duly noticed
public hearing on Conditional Use Permit No. 2013 -43 and Conditional
Use Permit No. 2013 -44.
D. The Planning Commission determines that the following findings, which
must be established in order to grant this Conditional Use Permit
pursuant to Santa Ana Municipal Code Section 41 -638, have been
established for Conditional Use Permit No. 2013 -43 to allow for a Type 47
ABC license:
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or the
community?
The proposed 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
Resolution No. 2014 -35
Page 1 of 7
alcoholic beverage control license which will mitigate any
potential impacts created by the use and ensure that the use
will not negatively affect the surrounding community.
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.
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
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 Yojie
Japanese Fondue restaurant 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
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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 2.9 of the Land Use Element supports developments
that create a business environment that is safe and
attractive, and the Yojie Japanese Fondue restaurant
proposes to offer a family friendly environment. 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 proposed Yojie Japanese
Fondue 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. 2013 -44 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 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
Resolution No. 2014 -35
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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
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 which 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 proposed Yojie Japanese Fondue restaurant will be
located in a commercial corridor and is compatible with
surrounding land uses. A restaurant with after -hours
Resolution No. 2014 -35
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operations provides a dining service to the residents of
Santa Ana.
F. In accordance with the California Environmental Quality Act the
recommended action is exempt for further review per Section 15301. The
Class 1 exemption allows the licensing of existing 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 -6 will be filed for
this project.
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2013 -43 and
Conditional Use Permit No. 2013 -44 as conditioned in Exhibit A 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 September 22, 2014, and exhibits
attached thereto; and the public testimony, all of which are incorporated herein by this
reference.
ADOPTED this 22nd day of September, 2014 by the following vote:
AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Alderete
ABSTENTIONS: Commissioners: None (0)
APPROVED AS TO FORM:
Sonia Rj4rvalho, City Attorney
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Resolution No. 2014 -35
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify
the attached Resolution No. 2014 -35 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on September 22, 2014.
Date: q 2,-14
Planning Commission Secretary
City of Santa Ana
Resolution No. 2014 -35
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EXHIBIT A
Conditions for Approval of Conditional Use Permit No. 2013 -44
(After -Hours Operation)
Conditional Use Permit No. 2013 -44 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., occupancy the outdoor patio is
restricted to 7:00 a.m. to 12:00 midnight.
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