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HomeMy WebLinkAbout31C - CUP - 202 N BROADWAYREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: MODIFY CONDITIONAL USE PERMIT NO. 2013- 21 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE AT LAST CALL ON BROADWAY RESTAURANT LOCATED AT 202 NORTH BROADWAY - KAHROBA AYAZI, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 3, 4} CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: •:• _%1 ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2 o Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving modification to Conditional Use Permit No. 2013 -21, PLANNING COMMISSION ACTION On December 8, 2014, the Planning Commission adopted a resolution approving modification to Conditional Use Permit (CUP) No. 2013 -21 by a vote of 7:0 which approved an upgrade from a Type 41 to a Type 47 Alcoholic Beverage Control (ABC) license in order to sell beer, wine and distilled spirits for on- premise consumption at the Last Call on Broadway restaurant at 202 North Broadway located in the Transit Zoning- Downtown (SD84) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION On August 11, 2014, the Planning Commission adopted a resolution approving CUP Nos, 2013 -21, 2013 -22, and 2013 -23 for the on- premise sale of beer and wine (Type 41 ABC license), to allow after -hours operations until 2:00 a.m., and for a banquet use at Last Cali on Broadway. Since that time, the applicant received authorization from the State Department of Alcoholic Beverage Control to upgrade to a Type 47 ABC license for the sale of distilled spirits in addition to beer and wine. The proposed Type 47 ABC license for the on- premise sale of beer, wine, and distilled spirits requires the modification of CUP No. 2013 -21. The issuance of a new CUP is not required as the existing CUP is still valid and the use must continue to comply with the same operational standards for all eating establishments that offer on- premise consumption of any alcoholic beverage. Full sized site plans are available for public viewing in the Clerk of the Council Office. 31 C -1 Conditional Use Permit No. 2013 -21 January 20, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objectives 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. Vince Fregoso, ICP Interim Executiv -9i ector Planning & Building Agency AP:rb apVeports\Staff Reports for CCICUP13 -21 -MOD -1 Last Call Type 47,W Exhibit: A, Planning Commission Staff Report 31 C -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2014 TITLE; PUBLIC HEARING — FILED BY KAHROBA AYAZI TO MODIFY CONDITIONAL USE PERMIT N0, 2013 -21 TO ALLOW A TYPE 47 ALCOHOL BEVERAGE CONTROL LICENSE AT LAST CALL ON BROADWAY RESTAURANT LOCATED AT 202 NORTH BROADWAY (STRATEGIC PLAN NOS. 3,2; 3,4) Prepared by Ali Pezeshkpour Interim Executive Dire or PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Acting PI nine anager RECOMMENDED ACTION Adopt a resolution approving modification to Conditional Use Permit No. 2013 -21 to allow a Type 47 ABC license. Request of Applicant Kahroba Ayazi, proprietor for Last Call on Broadway Restaurant, is requesting approval of modifications to Conditional Use Permit No. 2013 -21 to allow a Type 47 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer, wine, and distilled spirits at a new restaurant. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description Last Call on Broadway is proposed to be located within the existing historic Empire Market Building at the northwest corner of Broadway and Second Street. The lot is approximately 12,000 square feet in size, and is developed with a two -story 22,000 square foot commercial building. The suite the restaurant proposes to occupy contains 2,728 square feet, of which 2,320 are on the ground floor and 408 are on the mezzanine level. The Empire Market Building was designated on the Santa Ana Register of Historical Properties as a Key structure in 2001. Surrounding land uses include commercial /office to the north, east and south, and residential on the upper floors further north on the block and across the alley to the west (Exhibits 1, 2 and 3). Project Description Last Call on Broadway proposes to occupy a suite on the ground floor of the Empire Market Building as well as an interior mezzanine within the same space. The mezzanine will be used for the kitchen and storage of goods. The total suite, consisting of the ground floor and the mezzanine, contains 2,728 EXHIBIT A 31 C -3 Modification to CUP No. 2013 -21 December 8, 2014 Page 2 square feet. The building has traditionally contained a mixture of commercial uses; including retail, office and service uses. The use that previously occupied the subject tenant space was Theater Out, which relocated to 402 West Fourth Street in 2013. In conjunction with the new 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. The restaurant will be a full service, sit -down eating establishment that will hold approximately 45 seats within its dining room plus approximately eight more at standing tables. No outdoor seating is proposed at this time. The on- premise sale of alcoholic beverages to customers, which requires a CUP, is intended to provide a service ancillaryto the primary restaurant use. Overall alcohol storage and display areas will contain approximately 34 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 proposed hours of operation for the restaurant are from 11:00 a.m. to 2:00 a.m., seven days a week. Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project vicinity indicates there are currently 14 ABC licenses located within 500 feet of the project site, including the proposed license. These 14 ABC licenses include one Type 40 license (on -sale beer), four Type 41 licenses, (on -sale beer and wine), six 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. Protect Background On August 11, 2014, the Planning Commission adopted a resolution approving CUP Nos. 2013 -21, 2013.22, and 2013 -23 for the on- premise sale of beer and wine (Type 41 ABC license), for after -hours operations until 2:00 a.m., and for a banquet use at Last Call on Broadway. Since that time, the applicant received authorization from the State Department of Alcoholic Beverage Control to upgrade to a Type 47 ABC license for the sale of distilled spirits in addition to beer and wine. The proposed Type 47 ABC license for the on- premise sale of beer, wine, and distilled spirits requires approval of modification to CUP No. 2013 -21. The issuance of a new CUP is not required as the existing CUP is still valid and the use must continue to comply with the same operational standards for all eating establishments that offer on- premise consumption of any alcoholic beverage. The Empire Market Building was constructed in the Art Deco style in 1933 at a time when Art Deco /Streamline Moderne styles of architecture were very popular. The building has been occupied by a variety of retail businesses and office uses on both floors. The previous tenant was a theater, which vacated in early 2013. 31 C -4 Modification to CUP No. 2013 -21 December 8, 2014 Page 3 Although CUP No. 2013.21 for the on- premise sale of beer and wine was approved in August 2014, Last Call on Broadway is currently undergoing tenant improvements in anticipation of its future opening. The restaurant will be an independently owned restaurant specializing in small plate cuisine, salads, and hot sandwiches. General Plan and Zoning Consistency The General Plan land use designation for the site is District Center (DC). District Center land -use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services. The Downtown District portion of the District Center serves as one of the County's major employment and governmental operations centers complemented with a mix of residential, commercial, and services uses to enhance its urban vibrancy. The project site and the proposed restaurant are consistent with this General Plan land use designation. The parcel is located within the Transit Zoning Code (SD -84) zoning district in the Downtown (DT) sub - zone. The SD -84 zoning district allows for retail and service uses such as eating establishments, making the use consistent with the zoning designation. Project Analysis Conditional use permit requests are governed by Section 41 -638 of the SAME. Conditional use permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the City or any specific plan applicable to the area of the proposed use. 31 C -5 Modification to CUP No. 2013 -21 December 8, 2014 Page 4 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 proposed modification to the conditional use permit. Last Call on Broadway is requesting approval to upgrade a Type 41 Alcoholic Beverage Control (ABC) license to a Type 47 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, 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 Type 47 ABC license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase a variety of alcoholic beverages with their food, This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed Type 47 ABC 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 operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. This is primarily a restaurant use and the addition of distilled spirits to the beer and wine license will be ancillary to the main use as an eating establishment. In addition, the use will occur within the interior of the premises, mitigating any potential Impacts to the surrounding neighborhood. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment. 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 in Downtown and citywide that also offer a full selection of alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of a variety of alcoholic beverages will allow Last Call on Broadway, a small business, to remain economically viable and contributes to the overall success of the Downtown Santa Ana commercial district, helping to decrease the number of vacant spaces that may affect the economic viability of the area. The proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a full- service, bona -fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code, 31 C -6 Modification to CUP No. 2013 -21 December 8, 2014 Page 5 • 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 that feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors, especially those to Downtown, which continues to develop as a dining and retail destination with regional significance. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Last Call on Broadway's tenancy will include significant tenant improvements. Further, 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 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. Last Call on Broadway will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages and after -hours operation in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(x)(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 202 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 applicable to an on -sale ABC license will mitigate any potential negative impacts to the surrounding community. 31 C -7 Modification to CUP No. 2013 -21 December 8, 2014 Page 6 Public Notification The project is located within the boundaries of the Downtown Neighborhood Association. Staff contacted the presidents of the Downtown and the nearby Lacy Neighborhood Associations to ensure that they were notified of this project and to identify any areas of concern. Neither president identified any concerns with the proposed modification. The project site was also posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the 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. 2013 -52 will be filed for this project. Stratenic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objectives No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and No. 4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve modification to Conditional Use Permit No, 2013 -21, Ali Pezesh pour Assistant Planner 1 APjm ap\reports\^taff Reports for PC\ CUP13.21 -MOD4 Lest Call Type 47,pc 31 C -8 Modification to CUP No. 2013 -21 December 8, 2014 Page 7 Attachments; Exhibit 1 -- Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments 31 C -9 p �� p sons Sods Al GEIEMLAGRCUL7l1 4 CR C MEMALRSDDMAL RI 9NG FAMILYRMDE L .B FARQNGM001RCAMN w CUNIAMEWCEJTEi m MOFAKYF'2si7mm MI CCMM9 ALS7UTNMAIN Mt LICKINDUSMAL m MULTIKEMSTYMU IRS Ct COMMUNIlYM41MUUAL M2 HCAVYINOUMRAL rMILYRODEJCE C140 C(MKCOMMEY]AUMU MD191 U MD M1uTAR/CFQ?4TONS PA SJWI NABMIMEM C2 MERALCOMNIMAL 0 OF01$FiCE FE FPS'D9 ALMTAM 0 MTRALMNESS p PFOFFSSCNAL 9l SFWFlCDLAS( MJT CSA CB MLEWNEEWPSNI.LAGE R:0 RANPIM WAMUNINDEa01TMT 9' &EOFICRAN CO RANNED &IOP"WCEN7M Pfd) RANNM FMDDrVALD2iE10W[NT Cu ARTERALCMMME AL CUP 2013 -21- MOD -1 W. LAST CALL ON BROADWAY TYPE 47 ABC y� 202 NORTH BROADWAY - - =500 FEET =1000 FEEL P L A N 'N N G A N D A U I L D I N G A G E N C Y EXHIBIT 1 VICI ITY MAP 31 -10 3RD PARK MULTI - FAMILY RESIDENCE 1ST COMM. • MULTI - FAMILY RESIDENCE I I I I _j L__L 1_1 PARKING STRUCTURE STREET 2ND COMMERCIAL STREET COMMERCIAL STREET CUP 2013 -21 -MOD -1 LAST CALL ON BROADWAYTYPE 47 ABC` 202 NORTH BROADWAY �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 31 C -11 J d. W J J � l7 `_' W W -`Cw � V I I I I _j L__L 1_1 PARKING STRUCTURE STREET 2ND COMMERCIAL STREET COMMERCIAL STREET CUP 2013 -21 -MOD -1 LAST CALL ON BROADWAYTYPE 47 ABC` 202 NORTH BROADWAY �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 31 C -11 CUP 2013 -21 -MOD -1 LAST CALL ON BROADWAY TYPE 47 ABC 202 NORTH BROADWAY SITE PHOTO EXHIBIT 3 31 C -12 W SECOND SIREEr N TSITE PLAN SCALE: 1 15'- 0" EXHIBIT 4 31 C -13 m !2 71 Ye 5e i OZ. i�t z Ll EXHIBIT 5 31C-14 Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for on -sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41 -196. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8;00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas, 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City, 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, othnicity 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 1 of 4 31 C -15 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. 11 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. 2of4 31 C -16 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 It, 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). 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. Procedures for calling the police regarding observed or reported criminal activity, g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 3Of4 31 C -17 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency. 25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment, 4of4 31 C -18 ROH - 12/08/14 RESOLUTION NO. 2014 -44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING MODIFICATION TO CONDITIONAL USE PERMIT NO. 2013 -21 TO ALLOW AN UPGRADE FROM A TYPE 41 TO A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 202 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. The applicant is requesting approval of modification to Conditional Use Permit No. 2013 -21 for an upgrade from a Type 41 to a Type 47 (on -sale general) Alcoholic Beverage Control (ABC) license to allow the sales of beer, wine and distilled spirits for the property located at 202 North Broadway. B. Modification to Conditional Use Permit No. 2013 -21 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on December 8, 2014. C. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption. D. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to approve a conditional use permit upon making certain findings: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed Type 47 ABC license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase a variety of alcoholic beverages with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 31 C -19 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? The proposed Type 47 ABC 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 operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. This is primarily a restaurant use and the addition of distilled spirits to the beer and wine license will be ancillary to the main use as an eating establishment. In addition, the use will occur within the interior of the premises, mitigating any potential impacts to the surrounding neighborhood. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment. 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 in Downtown and citywide that also offer a full selection of alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of a variety of alcoholic beverages will allow Last Call on Broadway, a small business, to remain economically viable and contributes to the overall success of the Downtown Santa Ana commercial district, helping to decrease the number of vacant spaces that may affect the economic viability of the area. 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 and conditions imposed on a restaurant selling beer, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a full- service, bona -fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is below 31 C -20 the maximum threshold established by the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants that feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors, especially those to Downtown, which continues to develop as a dining and retail destination with regional significance. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Last Call on Broadway's tenancy will include significant tenant improvements. Further, 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 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. Last Call on Broadway will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the 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. 2013 -52 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana hereby approves modification to Conditional Use Permit No. 2013 -21 to allow a Type 47 ABC license. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 8, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. 31 C -21 ADOPTED this 8th day of December, 2014. AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 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 -44 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 8, 2014. Date: Planning Commission Secretary City of Santa Ana 31 C -22