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HomeMy WebLinkAbout31A - CUP - 125 N BROADWAY UNIT DREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: CONDITIONAL USE PERMIT NO. 2014.51 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE UPGRADE AND CONDITIONAL USE PERMIT NO. 201510 TO ALLOW AFTER -HOURS OPERATION UNTIL 2:00 A.M. AT GYPSY DEN LOCATED AT 129 NORTH BROADWAY, UNIT D - BRETT ENGSTROM, APPLICANT _[STRATEGIC PLAN NO. 3, 2; 3,4) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: rr== • : s ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolutlon ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -51 and Conditional Use Permit No. 2016 -10 as conditioned. FOM At its regular meeting on May 26, 2015 by a vote of 5:0 (Bacerra and Verino absent), the Planning Commission adopted a resolution approving Conditional Use Permit Nos. 2014 -51 to allow a Type 47 Alcoholic Beverage Control license upgrade and 2015 -10 to allow after -hours operation until 2:00 a.m. at Gypsy Den located at 125 North Broadway, Unit D in the Transit Zoning Code (S© -134) zoning district. The Planning Commisslon made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Gypsy Den is requesting approval of a Type 47 ABC license to allow the on- premises sale and consumption of beer, wine and distilled spirits. The restaurant currently has a Type 41 ABC license (beer and wine) and has done so since Gypsy Den began operating In 1999, The applicant Is also requesting approval of an after -hours conditional use permit (CUP) to allow the restaurant to operate until 2;00 a.m. Gypsy Den Is a full service, sit -down eating establishment with approximately 67 dining room seats and 26 outdoor patlo seats enclosed by a 30 -Inch high fence, oomplient with all city and state department of Alcoholic Beverage Control standards, Conditions of approval have been placed on the after -hours CUP to mitigate any potential nolse or safety impacts typically associated with after -hours operations. Full sized plans are available for public viewing In the Clerk of the Council Office. 31A-1 CUP Nos. 2014 -51 & 2015.10 June 10, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Objective No, 4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination). FIJ9AL IMPACT There Is no fiscal Impact associated with this action. Hassan H ani/ CP Executive irector Planning & Building Agency IO:kg to \Planning Commisslon \126 N BroedwaA0UP14 ^51 &15.19 Gypsy Den Type 47 AHR.co Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 26, 2015 TITLE: PUBLIC HEARING FILED BY BRETT ENGSTROM FOR CONDITIONAL USE PERMIT NO. 2014 -51 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE UPGRADE AND CONDITIONAL USE PERMIT NO. 2015-10 TO ALLOW AFTER -HOURS OPERATION AT GYPSY DEN LOCATED AT 125 NORTH BROADWAY, UNIT D (STRATEGIC PLAN NO. 3,2) Prepared by Ivan Orozco J PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Interim Exe tive rector Acting Planning Manager RECOMMENDED ACTIONS 1. Adopt a resolution approving Conditional Use Permit No. 2014 -51. 2. Adopt a resolution approving Conditional Use Permit No. 2015 -10 as conditioned. Reauest of ADDlicant Brett Engstrom, representing Truth and Alchemy, Inc., is requesting approval of a conditional use permit (CUP) for a Type 47 Alcoholic Beverage Control (ABC) license upgrade to allow the on- premise sale and consumption of beer, wine, and distilled spirits at the Gypsy Den restaurant, located at 125 North Broadway, Unit D. 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 The applicant is currently operating a full service, sit -down restaurant within the Historic Grand Central Arts Building. The building is located on the southeast corner of Broadway and Second Street in the Downtown area of the City. The Gypsy Den occupies 2,800 square feet of an existing 42,183 - square foot, two -story building that contains commercial uses on the ground floor and residential uses on the second story. Parking is provided in multiple parking structures, surface lots, and metered street parking throughout Downtown. The site is surrounded by commercial uses to the west, north, east, and to the south (Exhibits 1, 2 and 3). EXHIBIT A 31A-3 CUP Nos. 2014 -51 & 2015 -10 May 26, 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 15 ABC licenses located within 500 feet of the project site in addition to the proposed license. These 15 ABC licenses include: one Type 20 license (off -sale beer, wine, and distilled spirits), four Type 41 licenses (on -sale beer and wine only), four Type 47 licenses (on -sale beer, wine and distilled spirits), one Type 48 license (public premise beer, wine and distilled spirits), three Type 58 licenses (caterer's permit), one 68 Type license (portable bar) and one Type 77 license (event permit). However, this information does not affect the analysis or recommendation contained in this report. Protect Description 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. Currently, the applicant is operating with a Type 41 ABC license (beer and wine) and has done so since Gypsy Den begun operating out of this location in 1999. The original entitlement for the Type 41 ABC license was attained by Minor Exception No. 1981 -36, which was approved in August of 1982. The restaurant is a full service, sit -down eating establishment with approximately 57 seats within its dining room. The restaurant also has outdoor patio seating with approximately 26 seats, which is enclosed with a 36 -inch high fence in compliance with all applicable City and State Department of Alcoholic Beverage Control standards. The on- premise sale of alcoholic beverages to customers will continue to provide a service ancillary to the primary restaurant use. Overall alcohol storage and display areas will consist of approximately 31 square feet, which is less than one 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 current hours of operation for the restaurant are from 8:00 a.m. to 11:00 p.m. daily. If the CUP is approved, the new hours of operation will include the option to close at 2:00 a.m. on weekends. Establishments wishing to operate after 12:00 midnight in the Transit Zoning Code (SD -84) require approval of a separate CUP. Protect Backaround The Grand Central Arts Building was constructed in two phases. The first phase was completed in 1922 and is comprised of the mid -block portion of the building between First and Second Street, with Dearden's Furniture as its current tenant. The remaining portion of the building was constructed in 1924 and provides one of the earliest examples of mixed -use occupancy in Santa Ana. The two -story structure was originally built to house 12 storefronts on the ground floor facing Second Street and residential uses on the second floor. As one of the most architecturally 31A-4 CUP Nos. 2014 -51 & 2015 -10 May 26, 2015 Page 3 prominent buildings in Downtown, it was acquired by the City of Santa Ana in 1994 and was rehabilitated for the California State University Fullerton Art Department. Although, originally a market and 29 apartment homes, the building has been occupied by a variety of uses including a clock shop, flower shop and most importantly The Radio Den, KFAW, Orange County's first radio station. The building is listed on the Santa Ana Register of Historical Properties as "Landmark" due to its distinctive architectural style and quality, and is characteristic of a significant period in history of the City of Santa Ana and contributor on the National Register and California Register, Gypsy Den has operated from the existing location for over 15 years, serving as a full service restaurant. They propose to upgrade the existing license and expand their hours of operation in order to keep up with the nearby businesses that provide similar services and operations. The building has traditionally contained a mixture of commercial uses, including retail, office, art galleries and eating establishments. 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 service uses to enhance its urban vibrancy. The project site and the existing Gypsy Den 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 (UC) sub -zone. The SD -84 zoning district allows for retail and service uses such as eating establishments, making Gypsy Den'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. 31A-5 CUP Nos. 2014 -51 & 2015 -10 May 26, 2015 Page 4 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. 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 47 Alcoholic Beverage Control License (CUP No. 2014 -51) SAMC Section 41 -196 requires a CUP for establishments selling alcohol for on -site or off -site consumption. The proposed ABC license upgrade will allow the proposed restaurant to offer an additional amenity and dining experience for its patrons that is consistent with other eating establishments in the Downtown area, Moreover, operational standards will mitigate potential impacts from Type 47 ABC license (Exhibit 6). The following findings of fact form the foundation for staffs recommendation of approval for the CUP to allow a Type 47 ABC license. The proposed Type 47 ABC license upgrade 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 upgrade 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 alcohol will be ancillary to the main use. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment. 31A-6 CUP Nos. 2014 -51 & 2015 -10 May 26, 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 Gypsy ben, a small business, to remain economically viable and contribute to the overall success of the Downtown Santa Ana commercial district. • 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 one 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 serve as a dining and retail destination with regional significance. Furthermore, 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. Gypsy Den will be located in a commercial area and Its operations will be compatible with the surrounding commercial businesses. After -Hours Operations (CUP No. 2015 -10) The proposed after -hours conditional use permit will allow the proposed restaurant to remain open past 12:00 a.m. The Gypsy Den is located in a predominantly commercial area surrounded by offices, retail stores, service uses, and similar restaurants, with residential units on the second floor of the building. However, conditions of approval have been placed upon the use that will minimize the possibility for any potential noise or safety impacts typically associated with after - hours operations. The following findings support the recommendation of approval for after -hours operations. 31A-7 CUP Nos. 2014 -51 & 2015 -10 May 26, 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 1s 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, specifically for the residential units located on the second floor. These conditions are consistent with other eating establishments that have similar hours of operation and similar operational conditions. The after -hour conditions limit operations to indoor activities after the midnight hour, therefore mitigating any outside ambient noise, as well as limiting the amplified sound within the building past midnight. • The project site is situated along a commercial corridor that is appropriate for the proposed commercial use. The establishment of this restaurant promotes a balance of land uses that enhances the City's economic and fiscal viability. Providing a variety of land uses in the area strengthens the economic base of the City and the Downtown area and affects the economic stability of the area in a positive manner. • 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 2.9 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. The Gypsy Den restaurant is located in a commercial area and its operation is compatible with the surrounding commercial businesses. 31A-8 CUP Nos. 2014 -51 &2015 -10 May 26, 2015 Page 7 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 125 North Broadway is located in Reporting District No. 165. This reporting district is 20 percent higher than the average number of reported crimes in all reporting districts. Although the crime rate is 20 percent higher, the Police Department contends that the operational standards and proposed conditions of approval will mitigate any potential negative impacts to the surrounding community. As a result, conditions of approval are included as required by the SAMC that will address any concerns. Public Notification The project is located within the boundaries of the Downtown Neighborhood Association. Staff contacted the presidents of the Downtown and the nearby lacy Neighborhood Associations along with the California State University Fullerton, Grand Central Art Center to ensure that they were notified of this project and to identify any areas of concern. The representatives had no further comments regarding the proposed CUP at the time the staff report was prepared. 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. 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. 31A-9 CUP Nos. 2014 -51 & 2015 -10 May 26, 2015 Page 8 The project proposes to operate a full- service restaurant within an existing structure. No expansion of square footage or interior reconfigurations of square footages are proposed as park 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. 2014- 158 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, approve Conditional Use Permit No. 2014 -51 conditioned. _�a,r 4eo Ivan Orozco Assistant Planner I staff recommends that the Planning Commission and Conditional Use Permit No. 2015 -10 as IO:jm io\Planning CommisslonN25 N BroadwaylCUP14 -51 &15.10 Gypsy Den Type 47 AHR.pc 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 31A -10 r�,J �rf -.x SEVBNT NTH ST. 1 r I rIJ FLass CI = xyB Cl �. 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TMFAMILYFMO MCE GGA GOMMEMALSXa MAIN Mi UC}MNDUSIRAL m MULMLEDWSTYMUDIPLE Oi COMMUNUYCOMMsuk M2 HEANINDUGRAAL rAMILY(EMD CWD WMM.MMM90AUMlJSBJMDIRRCT MO MUTAWOPSIATIONS IN SUDLY 4NAF1RMMTS C2 G9R9RALOWNIGl7AL 0 OPEN EPACE FE FOOSITIAL0- ATE Q aNlMLW9NGM5 P ROFE590NAL SD 5lMFlCD91A0PM9dT CM CENTRAL9USN6S&ARIlSt URGE FCA RANNM3 MUNIIYDMOFMUJr m �RGPIAN G RANNE)9HOPRNGC2IT9R pm FIA%M® 091MLOEV9.OWEK C5 ARMALCOMMEMAL CUP 2014 -51 & CUP 2015 -10 RU 1� GYPSY DEN TYPE 47 & AFTER HOURS w 125 NORTH BROADWAY, UNIT D - =500 FEF i"= Sow nmt P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP EXHIBIT 1 31A-1 1 PARK MULTI - FAMILY RESIDENCE IST Lj--tl PARKING STRUCTURE STREET COMMERCIIAL 2ND COMMERCIAL STREET COMMERCIAL STREET CUP 2014 -51 & CUP 2015 -10 doN CYPSY DEN TYPE 47 & AFTER HOURS �, 125 NORTH BROADWAY, UNIT D X5,1 P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A -12 } COMM. ¢ � D W � u O = N�COMM..- m MULTI - FAMILY RESIDENC Lj--tl PARKING STRUCTURE STREET COMMERCIIAL 2ND COMMERCIAL STREET COMMERCIAL STREET CUP 2014 -51 & CUP 2015 -10 doN CYPSY DEN TYPE 47 & AFTER HOURS �, 125 NORTH BROADWAY, UNIT D X5,1 P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A -12 J a w y U J d � W � u Lj--tl PARKING STRUCTURE STREET COMMERCIIAL 2ND COMMERCIAL STREET COMMERCIAL STREET CUP 2014 -51 & CUP 2015 -10 doN CYPSY DEN TYPE 47 & AFTER HOURS �, 125 NORTH BROADWAY, UNIT D X5,1 P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A -12 CUP 2014 -51 & CUP 2015 -10 GYPSY DEN TYPE 47 ABC & AFTERHOURS 125 NORTH BROADWAY, UNIT D EXHIBIT 3 31A -13 c, ;t .i9 r Ir l t� �l GYPSY DEN b 125 N BROADWAY #D t I u l Jl I I 1 i 6 I If `I I i4 i i I 1 1_l _ l .1.. r t 1 r SECOND STREET PROMENADE EXHIBIT 5 31A-15 EA K .00R PLAN -o, 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 it 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. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older. 8. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. EXHIBIT 6 1 of 4 31A -16 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency. 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free ", "two for the price of one ", or "all you can drink for..." or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC ") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 2of4 31A -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. G. 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. Procedures for management of queuing lines, h. The location and description of any video games proposed to be on the premises. 3of4 31A -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 31A -19 LS 5.21.15 RESOLUTION NO. 2015 -18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -51 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE UPGRADE AND CONDITIONAL USE PERMIT NO.2015 -10 AS CONDITIONED TO ALLOW AFTER -HOURS OPERATION AT GYPSY DEN LOCATED AT 125 NORTH BROADWAY BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2014 -51 to allow a Type 47 Alcoholic Beverage Control (ABC) license upgrade and Conditional Use Permit No. 2015 -10 to allow after -hours operations for the property located at 125 N. Broadway. B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption of beer, wine and distilled spirits for businesses operating between the hours of 12:00 midnight and 7:00 a.m. C. On May 26, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -51 and Conditional Use Permit No. 2015 -10. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2014 -51 to allow for a Type 47 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 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 Resolution No. 2015 -18 Page 1 of 7 31A-20 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 Type 47 ABC license upgrade 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 alcohol will be ancillary to the main use. 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 Gypsy Den, a small business, to remain economically viable and contribute to the overall success of the Downtown Santa Ana commercial district. 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 one percent (1%) 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 -18 Page 2 of 7 31A-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 serve as a dining and retail destination with regional significance. Furthermore, 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. Gypsy Den 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 -10 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 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. Resolution No. 2015 -18 Page 3 of 7 31A-22 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed after -hours operations will not be detrimental to those living or working in the area because conditions have been placed to mitigate any negative impacts on the community, specifically for the residential units located on the second floor. These conditions are consistent with other eating establishments that have similar hours of operation and similar operational conditions. The after -hours conditions limit operations to indoor activities after the midnight hour, therefore mitigating any outside ambient noise, as well as limiting the amplified sound within the building past midnight. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project site is situated along a commercial corridor that is appropriate for the proposed commercial use. The establishment of this restaurant promotes a balance of land uses that enhances the City's economic and fiscal viability. Providing a variety of land uses in the area strengthens the economic base of the City and the Downtown area and affects the economic stability of the area in a positive manner. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an 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 qualify 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. 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 Resolution No. 2015 -18 Page 4 of 7 31A-23 of full- service restaurants with extended hours of operation offers additional dining options for Santa Ana residents and visitors. Furthermore, 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. The Gypsy Den restaurant is located in a commercial area and its operation is 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 operate 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. 2014 -158 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2014 -51 and Conditional Use Permit No. 2015 -10 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 May 26, 2015, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2015 -18 Page 5 of 7 31A-24 ADOPTED this 26th day of May 2015 by the following vote: AYES: Commissioners: Alderete, Bauer, Gartner, Mill, Nalle (5) NOES: Commissioners ABSENT: Commissioners ABSTENTIONS: Commissioners APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney None (0) Bacerra, Verino (2) None (0) James Gartner Chairman CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -18 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 26, 2015. Date: Planning Commission Secretary City of Santa Ana 31A-25 Resolution No. 2015 -18 Page 6 of 7 EXHIBIT A Conditions for Approval for Conditional Use Permit 2015 -10 Conditional Use Permit No. 2015 -10 for after -hours operations for the property located at 125 N. Broadway is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. The premises shall at all times be maintained as a 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. 2. There will be no outdoor restaurant activity after midnight. 3. Any and all existing or new lighting on the building's exterior must be maintained in working order. 4. All exterior lighting will be directed towards the restaurant and /or sidewalk and not towards other properties. 5. There shall be no amplified sound used outside the building. 6. 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 -18 Page 7 of 7 31A-26