HomeMy WebLinkAbout31C - CUP - 309 W 3RD STREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 17, 2015
TITLE:
CONDITIONAL USE PERMIT NO. 2015 -02 TO
ALLOW A TYPE 41 ALCOHOLIC BEVERAGE
CONTROL LICENSE AND CONDITIONAL USE
PERMIT NO. 2015 -03 TO ALLOW AFTER -HOURS
OPERATION UNTIL 2 :00 A.M. AT EQEKO CAFE
LOCATED AT 309 WEST THIRD STREET -
KAHROBA AYAZI, APPLICANT (STRATEGIC
PLAN NOS. 3, 2; 3, 4)
CITY MANAGE
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
El Ordinance on 2ntl Reading
❑ Implementing Resolution
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2015 -02 and Conditional
Use Permit No. 2015 -03 as conditioned.
PLANNING COMMISSM ACTION
On February 23, 2015, the Planning Commission adopted a resolution approving Conditional
Use Permit No. 2015 -02 to allow a Type 41 Alcoholic Beverage Control (ABC) license in order to
sell beer and wine for on- premise consumption and Conditional Use Permit No. 2015 -03 as
conditioned to allow after -hours operation until 2:00 a.m. by a vote of 6:0 (Alderete absent) at the
Eqeko Cafe located at 309 West Third Street in the Transit Zoning- Downtown (SD -84) zoning
district. The Planning Commission made no changes to the recommendation outlined in the
attached staff report (Exhibit A).
DISCUSSION
Eqeko Cafe currently occupies an existing single -story historic commercial building with a full -
service restaurant. The site also contains a rear patio used for food service to the restaurant's
patrons. The applicant is requesting approval of a Type 41 ABC license to allow the on- premise
consumption of beer and wine to patrons at the restaurant, The current restaurant is a sit -down
eating establishment that holds approximately 49 seats within its dining room. 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 29 square
feet, which is less 2.2 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.
31 C -1
CUP Nos. 2015 -02 & 2015 -03
March 17, 2015
Page 2
The proposed hours of operation for the restaurant are seven days per week from 11:00 a.m. to
2:00 a.m. Operations past 12:00 midnight in the Transit Zoning Code (SD -84) require approval
of a separate CUP. Full sized plans are available for public viewing in the Clerk of the Council
Office,
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development,
Objective No. 2 (create new opportunities for business /job growth and encourage private
development through new General Plan and Zoning Ordinance policies) 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
k �
Vince Fregoso, AICP
Interim Executiv -Director
Planning & Building Agency
AP:rb
apVaportsOaff Reports for MCUP15.2M Egelro Type 41 ABC=
Exhibit: A. Planning Commission Staff Report
31 C -2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE.
FEBRUARY 23, 2015
TITLE:
PUBLIC HEARING — FILED BY KAHROBA
AYAZI FOR CONDITIONAL USE PERMIT
NO. 2015.02 TO ALLOW A TYPE 41 ALCOHOL
BEVERAGE CONTROL LICENSE AND CONDITIONAL
USE PERMIT NO, 2015 -03 TO ALLOW AFTER -HOURS
OPERATION AT EQEKO CAFE LOCATED AT
309 WEST THIRD STREET {STRATEGIC PLAN
NOS. 3,2; 3,4)
Prepared by Ali Pezesljk our
Interi Execufior
r
PLANNING COMMISSION SECRETARY
APPROVED
Q As Recommended
• As Amended
• Set Public Hearing For
DENIED
p Applicants Request
E7 Staff Recommendation
CONTINUED TO
Acting Planning+ Manager
RECOMMENDED ACTIONS
1. Adopter resolution approving Conditional Use Permit No. 2015 -02.
2. Adopt a resolution approving Conditional Use Permit No. 2015 -03 as conditioned.
Request of Applicant
Kahroba Ayazi, representing Eqeko LLC, is requesting approval of a conditional use permit (CUP)
for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise sale and
consumption of beer and wine at Eqeko Cafe, located at 309 West Third Street. In addition, the
applicant is requesting approval of a separate conditional use permit that would allow the restaurant
to operate until 2:00 a,m.
Establishments that sell alcoholic beverages and that wish to operate between 12.00 midnight
and 7:00 a.m. require respective conditional use permits pursuant to Section 41 -2007 of the
Santa Ana Municipal Code (SAMC).
Project Location and Site Description
Eqeko Cafe occupies an historic commercial building constructed in 1932 that was listed as a
Contributive structure to the Downtown Historic District in 1984. The building contains
approximately 1,295 square feet and a rear patio that contains approximately 290 square feet. The
entire lot contains approximately 10,000 square feet and is also developed with a portion of the
Gilmaker Broadway Block commercial building immediately to the east. The project site is located
near the northwest intersection of Broadway and Third Street. Surrounding land uses include
commercial uses to the east and north, a public parking structure across Broadway to the east,
offices to the west, and mixed -use commercial and residential to the south (Exhibits 1, 2 and 3).
EXHIBIT A
31 C -3
CUP Nos. 2015 -02 & 2015 -03
February 23, 2015
Page 2
Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the
project vicinity indicates that there are currently 21 ABC licenses located within 500 feet of the
project site in addition to the proposed license. These 21 ABC licenses includes nine Type 41
licenses (on -sale beer and wine only), ten Type 47 licenses (on -sale beer, wine and distilled
spirits), one Type 48 license (public premise beer, wine, and distilled spirits), and one Type 23
license (brewery). These figures include operational establishments as well as recently - entitled
locations that have yet to open. However, this Information does not affect the analysis or
recommendation contained in this report.
Project Description
Eqeko Cafe currently occupies an existing single -story historic commercial building with a full -
service restaurant. The site also contains a rear patio used for food service to the restaurant's
patrons. The building has traditionally contained a mixture of commercial uses, including offices for
law firms, medical offices for acupuncturists, and, most recently, an eating establishment. The
medical office that previously occupied the subject tenant space vacated in early 2011. The
applicant intends to maintain the current restaurant configuration, which features a dining room,
kitchen, alcohol service and storage areas, and a rear patio dining area.
The applicant is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow
the on- premise consumption of beer and wine to patrons at the restaurant. The current restaurant
is a full service, sit -down eating establishment that holds approximately 49 seats within its dining
room. The on- premise sale of alcoholic beverages to customers, which requires a CUP, is
intended to provide a service ancillary to the primary restaurant use. Overall alcohol storage and
display areas will contain approximately 29 square feet, which is less 2.2 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 seven days per week from 11:00 a.m. to
2:00 a.m. Operations past 12:00 midnight In the Transit Zoning Code (SD -84) require approval of
a separate CUP.
Project Background
Following the success of William Spurgeon's founding of Santa Ana in 1869, Santa Ana's downtown
area had expanded in each direction by the 1920s to include expanding commercial and civic
- - - --- developments-- -T- -he- subject - building - vas-- constr�rcte -d-four - years — fte -tl cnnstu it'on of -the - ---------
-
adjacent Horton Building at 315 West Third Street, which features similar designs. Both buildings
survived the 1933 Long Beach earthquake, which destroyed or significantly damaged many similar
brick buildings in Downtown Santa Ana and the Southern California region.
31 C -4
CUP Nos. 2015 -02 & 2015 -03
February 23, 2015
Page 3
Since its completion in 1932, the historic commercial building that is the subject of the proposed
applications has contained a variety of uses. The building is notable for its blending of Mission
Revival and Spanish Colonial Revival styles, containing brick construction, a wood - framed side
gable roof clad in clay tile, and a small wood- framed quatrefoil window. The building is freestanding
with the exception of a wall that acts as an extension of the main fagade.
The current tenant, Eqeko Cafe, is the fourth venture of the applicant in central Santa Ana. Other
businesses owned or co -owned by the applicant include nearby Tootsie Ice Cream, Last Call on
Broadway, and Cafe Con Leche in the Lacy neighborhood. Eqeko Cafe, open since September
2014, features a specialized dining experience that focuses on Peruvian cuisine. Other than minor
features such as signage, the applicant proposes no further exterior upgrades to the building in
order to comply with the Secretary of the Interior's standards for historically-registered buildings.
General Plan and Zonina 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 restaurant and the proposed Type 41 ABC license 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 Eqeko Cafe's use consistent with the zoning designation.
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 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.
31 C -5
CUP Nos. 2015 -02 & 2015 -03
February 23, 2015
Page 4
+ That the proposed use will comply with the regulations and conditions specified in Chapter 41
for such use.
+ That the proposed use will not adversely affect the General Plan of the city or any specific plan
applicable to the area of the proposed use.
If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely,
the inability to make these findings would result in a denial. Using this information staff has
prepared the following analysis, which in turn forms the basis for the recommendation contained in
this report. In analyzing these conditional use permit requests, staff believes that the following
findings of fact warrant approval of the conditional use permits.
Type 41 Alcoholic Beverage Control License (CUP No. 2015 -02)
SAMC Section 41 -196 requires a. CUP for establishments selling alcohol for on -site or off -site
consumption. The proposed ABC license will allow the proposed restaurant to offer an additional
amenity and dining experience for its patrons that is consistent with other eating establishments in
Downtown. Moreover, operational standards will mitigate potential impacts from the Type 41 ABC
license (Exhibit 6). The following findings of fact form the foundation for staffs recommendation of
approval for the CUP to allow a Type 41 ABC license.
• The proposed Type 41 ABC license will provide an ancillary service to the restaurant's
customers by allowing them the ability to purchase beer and wine 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 41 ABC license for the on -sale consumption of beer and wine 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
alcohol will be ancillary to the main use. In addition, the use will occur within the interior of the
premises and in a rear patio area, 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.
31 C -6
CUP Nos. 2015 -02 & 2015 -03
February 23, 2015
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 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 alcoholic beverages will allow Eqeko, 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 and wine 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 2.2 percent of the gross floor
area for the display and storage of alcoholic beverages, which is below the maximum threshold
established by the 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 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. Eqeko Cafe's
tenancy contributes to the maintenance and viability of the historic commercial building in
which it is located. 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 41 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. Eqeko Cafe is located in a
commercial area and its operations will be compatible with the surrounding commercial
businesses.
After -Hours operations (CUP No 2015 -037
The proposed after -hours conditional use permit will allow the proposed restaurant to remain
open past 12:00 a.m. until 2:00 a.m. The proposed use's location in a predominantly commercial
area surrounded by offices, retail stores, service uses, and similar restaurants minimizes the
possibility of concerns that are typically associated with after -hours operations where there is
potential for noise or safety impacts to residential uses. Conditions of approval have been placed
upon the use in order to mitigate these potential concerns. The following findings support the
recommendation of approval for after -hours operations.
31 C -7
CUP Nos. 2015 -02 & 2015 -03
February 23, 2015
Page 6
• The proposed after -hours operations will provide an ancillary service to individuals that wish to
have a late night meal. This will thereby benefit the community by providing a food - related
amenity offering service past 12;00 midnight, which is consistent with that of other restaurants in
Downtown. Conditions have been placed on this operation to mitigate any potential problems
created by the after- hours operation to ensure that service past 12;00 midnight will not
negatively impact the surrounding community, such as requiring the establishment to maintain a
complete food menu past midnight, disallowing outdoor restaurant activity, and limiting
amplified sound to within the building past midnight.
• The proposed after -hours operations will not be detrimental to those living or working in the area
because conditions have been placed to mitigate any negative impacts on the community.
These conditions are consistent with other eating establishments that have similar hours of
operation and similar operational conditions. Further, the building's location in the heart of the
Downtown Santa Ana commercial area mitigates several possible impacts from late -night
operations. The primary restaurant activity takes place within the existing commercial building,
and the patio area is located in the rear of the structure, away from sensitive uses. Further, the
project site is surrounded by other commercial uses and public facilities.
• The project site is situated in a commercial district that is appropriate for the proposed
commercial use. The establishment of this restaurant within a vacant tenant space promotes a
balance of land uses that enhances the City's economic and fiscal viability. Providing a variety
of land uses in the area strengthens the economic base of the City and Downtown and affects
the economic stability of the area in a positive manner.
• As conditioned, the proposed project will be in compliance with all applicable regulations and
conditions imposed on an eating establishment operating after hours pursuant to Chapter 41 of
the Santa Ana Municipal Code and the Transit Zoning Code (SD84) zoning provisions. The
establishment will contain the necessary equipment to quality as an eating establishment, and
operational standards applicable to the proposed ABC license will prevent or mitigate any
impacts from the restaurant onto adjacent properties.
• 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 with extended hours of operation
offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.8
encourages increased levels of capital investment. Eqeko Cafe's tenancy contributes to the
maintenance and viability of the historic commercial building in which it is located. Further,
Policy 2.9 of the Land Use Element supports developments that create a business
31 C -8
CUP Nos. 2015 -02 & 2015 -03
February 23, 2015
Page 7
environment that is safe and attractive. Conditions of approval have been placed on this
conditional use permit that will maintain a safe and attractive environment in Downtown Santa
Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible
with and supporting of surrounding land uses. Eqeko Cafe is located in a commercial area
and its operations will be compatible with the surrounding commercial businesses.
Police Department Analvsis
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 309 West Third Street 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 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. 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.
31 C -9
CUP Nos. 2015 -02 & 2015 -03
February 23, 2015
Page 8
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 operation, repair,
maintenance, permitting, or leasing of existing structures.
The project proposes to allow the on- premise sale of beer and wine and after -hours operation at a
full - service restaurant within an existing structure. No expansion of square footage or interior
reconfigurations of square footages are proposed as part of the project. In addition, the structure is
already served by municipal services, such as roadways, utilities, and parking in a variety of forms.
Categorical Exemption Environmental Review No. 2015 -11 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,
Objectives No. 2 (create new opportunities for businessljob 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 Conditional Use Permit No. 2015 -02 and Conditional Use Permit No. 2015 -03 as
conditioned.
r
Ali Pezeshkpour
Assistant Planner I
AP:jm
aplreports \Staff Reports for PC\CUP15 -2 &3 Eqeko Type 41 ABC.pc
Attachments:
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 -10
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31 C -11
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31 C -12
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31 C -12
CUP NOS. 2015 -2 & 2015 -3
EQEKO TYPE 41 ABC & AFTER HOURS
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31 C -13
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809 W. THIRD STREET
IN
FIXTURE, INTERIOR & PATIO FLOOR PLAN
aCAI�, 114'. i'_n'
I
31 C -15
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 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
1 of 4
31 C -16
g. 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.
% 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.
2of4
31 C -17
19. Any graffiti painted or marked upon the premises or on any adjacent area under
the control of the licensee(s) shall be removed or painted within 24 hours of being
applied.
20. Existing bona fide eating establishment and required parking must conform to the
provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code
(Building Security Ordinance). These code conditions will require that the existing
project lighting, door /window locking devices and addressing be upgraded to
current code standards. Lighting standards cannot be located in required
landscape planters. Prior to issuance of Letter of Approval to the Alcohol
Beverage Control Board, this condition must be complied with.
21. A timed - access cash controller or drop safe must be installed.
22. Install a silent armed robbery alarm.
23. The owner or manager of the licensed premises shall maintain on the premises a
written security policy and procedures manual that has been approved by the
Police Department, addressing at a minimum the following items:
a. Procedures for handling obviously intoxicated persons.
b. The method for establishing a reasonable ratio of employees to patrons,
based upon activity level, in order to ensure adequate staffing levels to
monitor beverage sales and patron behavior.
C. Procedures for handling patrons involved in fighting, arguing or loitering
about the building, and /or in the immediate adjacent area that is owned,
leased, rented or used under agreement by the Licensee(s).
d. Procedures for verifying the age of patrons for purposes of alcohol sales.
e. Procedures for ensuring that servers monitor patrons to ensure that their
drinking limit/potential Intoxication is not exceeded. This procedure should
include a description of the procedure the server would use to warn, or
refuse to serve, the patron.
f. Procedures for calling the police regarding observed or reported criminal
activity.
g. Procedures for management of queuing lines.
h. The location and description of any video games proposed to be on the
premises.
3of4
31 C -18
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 -19
ROH - 02123/15
RESOLUTION NO. 2015 -09
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING: CONDITIONAL
USE PERMIT NO. 2015 -02 TO ALLOW A TYPE 41
ALCOHOLIC BEVERAGE CONTROL LICENSE AND
CONDITIONAL USE PERMIT NO. 2015-03 AS
CONDITIONED TO ALLOW AFTER -HOURS OPERATION
FOR THE PROPERTY LOCATED AT 309 WEST THIRD
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. 2015 -02 to
allow a Type 41 Alcoholic Beverage Control (ABC) license and Conditional
Use Permit No. 2015 -03 to allow after -hours operation for the property
located at 309 West Third 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 for
businesses operating between the hours of 12:00 a.m. and 7:00 a.m.
C. On February 23, 2015, the Planning Commission held a duly noticed
public hearing on Conditional Use Permit No. 2015 -02 and Conditional
Use Permit No. 2015 -03.
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. 2015 -02 to allow for a Type 41
ABC license:
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 Type 41 ABC license will provide an ancillary
servicoto the restaurant`s- customers -by- allowing- them- the
-- --
ability to purchase beer and wine 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
Resolution No. 2015 -09
Page 1 of 7
31 C -20
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 Type 41 ABC license for the on -sale
consumption of beer and wine 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 alcohol will be ancillary to the main
use. In addition, the use will occur within the interior of the
premises and in a rear patio area, 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 alcoholic beverages will allow Eqeko, 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 and wine 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 2.2 percent of
the gross floor area for the display and storage of alcoholic
beverages, which is below the maximum threshold
established by the Santa Ana Municipal Code.
Resolution No. 2015 -09
Page 2 of 7
31 C -21
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. Eqeko Cafe's tenancy contributes to the
maintenance and viability of the historic commercial building
in which it is located. 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 41 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. Eqeko Cafe is located
in a commercial area and its operations will be compatible
with the surrounding commercial businesses.
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. 2015 -03 to allow for after hours
operation:
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or the
community?
The proposed after -hours operations will provide an ancillary
service to individuals that wish to have a late night meal.
This will thereby benefit the community by providing a food -
related amenity offering service past 12:00 midnight, which
is consistent with thaLaf–other–restaurants-in_Downtown-
Conditions have been placed on this operation to mitigate
any potential problems created by the after -hours operation
to ensure that service past 12:00 midnight will not negatively
impact the surrounding community, such as requiring the
establishment to maintain a complete food menu past
Resolution No. 2015 -09
Page 3 of 7
31 C -22
midnight, disallowing outdoor restaurant activity, and limiting
amplified sound to within the building past midnight.
Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity?
The proposed after -hours operations will not be detrimental
to those living or working in the area because conditions
have been placed to mitigate any negative impacts on the
community. These conditions are consistent with other
eating establishments that have similar hours of operation
and similar operational conditions. Further, the building's
location in the heart of the Downtown Santa Ana commercial
area mitigates several possible impacts from late -night
operations. The primary restaurant activity takes place
within the existing commercial building, and the patio area is
located in the rear of the structure, away from sensitive uses.
Further, the project site is surrounded by other commercial
uses and public facilities.
Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The project site is situated in a commercial district that is
appropriate for the proposed commercial use. The
establishment of this restaurant within a vacant tenant space
promotes a balance of land uses that enhances the City's
economic and fiscal viability. Providing a variety of land
uses in the area strengthens the economic base of the City
and Downtown and affects the economic stability of the area
in a positive manner.
Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed project will be in compliance
with all applicable regulations and conditions imposed on an
eating establishment operating after hours pursuant to
Chapter 41 of the Santa Ana Municipal Code and the Transit
Zoning Code (SD84) zoning provisions. The establishment
will contain the necessary equipment to quality as an eating
establishment, and operational standards applicable to the
proposed ABC license will prevent or mitigate any impacts
from the restaurant onto adjacent properties.
Will the proposed use adversely affect the General Plan or any
specific plan of the City?
Resolution No. 2015 -09
Page 4 of 7
31 C -23
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 with extended hours of operation
offers additional dining options for Santa Ana residents and
visitors. Furthermore, Policy 2.8 of the Land Use Element
promotes the rehabilitation of commercial properties, and
encourages increased levels of capital investment. Eqeko
Cafe's tenancy contributes to the maintenance and viability
of the historic commercial building in which it is located.
Further, Policy 2.9 of the Land Use Element supports
developments that create a business environment that is
safe and attractive. Conditions of approval have been
placed on this conditional use permit that will maintain a safe
and attractive environment in Downtown Santa Ana. Finally,
Policy 5.5 of the Land Use Element encourages
development that is compatible with and supporting of
surrounding land uses. Eqeko Cafe is located in a
commercial area and its operations will be compatible with
the surrounding commercial businesses.
F. In accordance with the California Environmental Quality Act the
recommended action is exempt for further review per Section 15301. The
Class 1 exemption allows the operation, repair, maintenance, permitting, or
leasing of existing structures. The project proposes to allow the on- premise
sale of beer and wine and after -hours operation at a full - service restaurant
within an existing structure. No expansion of square footage or interior
reconfigurations of square footages are proposed as part of the project. In
addition, the structure is already served by municipal services, such as
roadways, utilities, and parking in a variety of forms. Categorical Exemption
Environmental Review No. 2015 -11 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. 2015 -02 and
Conditional Use Permit No. 2015 -03 as conditioned in Exhibit A attached hereto and
incorporated as though fully set forth herein. This decision is based upon the evidence
submitted at the abovesaid hearing, which includes, but is not limited to: the Request for
Planning Commission Action dated February 23, 2015, and exhibits attached thereto;
and the public testimony, all of which are incorporated herein by this reference.
Resolution No. 2015 -09
Page 5 of 7
31 C -24
ADOPTED this 23rd day of February 2015 by the following vote:
AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle, Verino (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Alderete(1)
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. 2015 -09 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on February 23, 2015.
Date:
Planning Commission Secretary
City of Santa Ana
31 C -25
Resolution No. 2015 -09
Page 6 of 7
EXHIBIT A
Conditions for Approval of Conditional Use Permit No. 2015 -03
(After -Hours Operation)
Conditional Use Permit No. 2015 -03 for after -hours operation is approved subject to
compliance, to the reasonable satisfaction of the Planning Manager, with all applicable
sections of the Santa Ana Municipal Code, the California Administrative Code, the
California Building Standards Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below rip or to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
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.
All business activity on the site shall end by 2:00 a.m.
There will be no outdoor restaurant activity after midnight.
Any and all existing or new lighting on the building's exterior must be maintained in
working order.
5. All exterior lighting will be directed towards the restaurant and /or sidewalk and not
towards other properties.
6. There shall be no amplified sound used outside the building.
7. 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.
Resolution No. 2015 -09
Page 7 of 7
31 C -26