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HomeMy WebLinkAbout31A - CUP - 305 E 4TH ST SUITE 105CITY COUNCIL MEETING DATE; MAY 3, 2016 TITLE; CONDITIONAL LIRE PERMIT NO, 201605 TO ALLOW A TYPE 41 ALCOHOL, BEVERAGE CONTROL LICENSE AND CONDITIONAL USE PERMIT NO. 2016-16 TO ALLOW AFTER- HOURS OPERATION UNTIL 2;00 A.M. AT KIYOMIZU RESTAURANT AT 306 EAST FOURTH STREET, SUITE 105 — PHILLIP KWAN, APPLICANT {STRATEGIC: PLAN NOS. 3, 2, 4} CITY MANAGERf-'� RECOMMENDE12 ACTION CLERK OF COUNCIL USE ONLY; -:. ❑ As Recommended As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2n0 Reading ❑ Implementing Resolution ❑ Set Public Headng For„ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2418.05 and Conditional Use Permit No. 2016-15 as conditioned. At Its regular meeting on April 11, 2016, by a vote of 8:0 (Alderete and Bacerra absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016.05 to allow a Type 41 Alcoholic Beverage Control (ABC) license and Conditional Use Permit No. 201a- 15 to allow business operations until 2:00 a,m. for Kiyomlzu restaurant at 305 East Fourth Street, Suite 105 located in the Transit Zoning Code/Specific Development No, 84 ($D-84) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). s' e Phillip Kwan, proprietor for the Kiyomizu restaurant, is requesting approval of a Conditional use permit (CUP) to allow a Type 41 Alcoholic Beverage Control (ABG) license for the on -premise sale and consumption of beer and wine at a new restaurant. Establishments that sell alcoholic beverages in the Transit Zoning Code area require a conditional use permit pursuant to Section 41-2007 of the Santa Ana Municipal Clads (SAMC). The applicant is also requesting approval of a CUP to allow business operations until 2:00 a m. per Section 41.2007 of the SAMC. Full-sized site pians are available for public viewing In the Clerk of the Council office. 31A-1 CUP Nos, 2018-05 & 2018-18 — Kiyomizu Restaurant ASC License & After -Hours at 305 East Fourth Street, Suite 105 May 8, 2018 Page 2 STRATEGIC PLAN ALIGNME Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Objective #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. HS: rb hw/K yurt imICUP16.06 & 2016-16.uu Exhibit: A. Planning Commission Staff Report 31A-2 F:7R_i�idllt�EeT%rTi7i4TtriiE:�1C�1�1t4i��i i�1 APRIL 11, 2016 TITLE: PUBLIC HEARING — FILED BY PHILLIP KWAN FOR CONDITIONAL USE PERMIT NO. 2016-05 TO ALLOW A TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE AND CONDITIONAL USE PERMIT NO. 2016- 15 TO ALLOW AFTER-HOURS OPERATION UNTIL 2:00 A.M. AT KIYOMIZU RESTAURANT AT 305 EAST FOURTH STREET, SUITE 105 {STRATEGIC PLAN NOS. 3,2; 3,41 Prepared by Hally Soboleske Executive Director PLANNING COMMISSION SECRETARY APPROVED • As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED • Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Mai ger 1. Adopt a resolution approving Conditional Use Permit No. 2016-05 to allow a Type 41 ABC license. 2. Adopt a resolution approving Conditional Use Permit No. 2016-15 as conditioned to allow business operations until 2:00 a.m. DISCUSSION Request of Applicant Phillip Kwan, proprietor for the Kiyomizu restaurant, is requesting approval of a conditional use permit (CUP) to allow a Type 41 Alcoholic Beverage Control (ABC) license for the on -premise sale and consumption of beer and wine at a new restaurant. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41-2007 of the Santa Ana Municipal Code (SAMC). The applicant is also requesting approval of a CUP to allow business operations until 2:00 a.m. per Section 41-2007 of the SAMC. Project Location and Site Description The Kiyomizu restaurant is proposed to occupy the first floor just below the Native Son Alehouse, immediately adjacent to the Wursthaus at the northwest corner of French and Fourth Streets at the northernmost side of the East End Promenade. The lot is approximately 20,715 square feet in size and is developed with a two-story, 50,000 -square -foot commercial building. The suite this restaurant proposes to occupy is 785 square feet in size and is on the ground floor. Surrounding land uses include the Native Son Ale House on the upper floor, and commercial/retail to the north, south, east and west (Exhibits 1, 2 and 3). EXHIBIT A 31A-3 CUP Nos. 2016-05 and 2016-15 April 11, 2016 Page 2 Project Description and Backaround The Kiyomizu restaurant proposes to occupy a 785 square foot suite on the ground floor of 305 East Fourth Street. The building has traditionally contained a mixture of commercial uses, including retail, office and service uses. In conjunction with the new restaurant, the applicant is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on -premise consumption of beer and wine for patrons of the restaurant. The restaurant will be a sit-down eating establishment that will hold approximately 26 seats within its 785 square foot dining room although the proprietor states that they will likely have less seating due to the small size of the dining room. Various sushi rolls will be handmade in front of the patrons for their consumption. Overall alcohol storage and display areas will contain approximately 30 square feet, which is less than four percent of the floor area and is consistent with the SAW requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol storage and display (Exhibit 4). The proposed hours of operation for the restaurant are from 11:00 a.m. to 2:00 a.m. seven days per week. Operations past 12:00 midnight in the Transit Zoning Code (SD -84) require approval of a separate CUP. The Kiyomizu restaurant will be a privately owned restaurant that serves lunch and dinner. The restaurant will feature handmade sushi and vegetable rolls. General Plan and Zoninct Consistency The General Plan land use designation for the site is District Center (DC). District Center areas are designed to serve as anchors for the City's commercial corridors, and to accommodate major development activity, District Centers are to be developed with an urban character including a mix of office, commercial and residential land uses including other restaurants with ABC licenses. The project site is consistent with this General Plan land use designation. The zoning for the site is the Transit Zoning Code/Specific Development No. 84 (SD -84). The SD -84 zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning code. Project Analysis Conditional use permit requests are governed by Section 41-638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. 31A-4 CUP Nos. 2016-05 and 2016-15 April 11, 2016 Page 3 • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area, • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use, • That the proposed use will not adversely affect the General Plan of the City or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit requests, staff believes that the following findings of fact warrant approval of the conditional use permits. Conditional Use Permit No. 2016-05 — Type 41 ABC license: The Kiyomizu restaurant is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on -premise consumption of beer and wine. The applicant intends to sell beer and wine as an ancillary service to the primary restaurant use. Staff has reviewed the applicant's request and has determined that the proposed establishment is in compliance with the standards for establishments selling beer and wine. The proposed alcoholic beverage license will provide for an ancillary service to the restaurant's customers by allowing them the ability to purchase beer and wine with their food. The Type 41 ABC license is only issued to restaurants that meet the State's standards as a bona fide eating establishment indicating that alcohol sales are not intended to be the primary use of the business. Conditions have been placed on the alcoholic beverage control license, which further emphasize the sales of alcohol as an ancillary use. The proposed license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the alcoholic beverage control license that will mitigate any potential negative or adverse impacts that could be created by the use. In addition, the use will occur within the premises in accordance with the standards of the State Department of Alcoholic Beverage Control. 31A-5 CUP Nos. 2016-05 and 2016-15 April 11, 2016 Page 4 • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale to their patrons. Moreover, the offering of beer and wine as an ancillary product to food supports the establishment of a full-service restaurant. The proposed use will serve to re -tenant a previously vacant building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. • As conditioned, 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 Aria Municipal Code for restaurants selling alcohol with their meal, The facility will be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions Code, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will use less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. • The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full-service restaurants offers additional dining options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation and use of commercial properties, and encourages increased levels of capital investment. The building located at 305 East Fourth Street has undergone significant rehabilitation and represents strong capital investment. • The tenanting of this building with a restaurant use further supports the viability of the downtown. Policy 4.3 of the Land Use Element encourages support of land uses which provide community and regional economic and service benefits. A new restaurant will provide a needed service to Santa Ana residents and visitors. Conditional Use Permit No 2016-15 — After Hours Operation: Santa Ana Municipal Code (SAMC) Section 41-2007 (Table 2A) requires a conditional use permit for any eating establishment with hours of operation between 12:00 a.m. and 7:00 a.m. The proposed hours of operation for Kiyomizu restaurant are 11:00 a.m. to 2:00 a.m., seven days a week, which are consistent with the operating hours of other downtown restaurants. The Kiyomizu restaurant proposes to be open for lunch and dinner. 31A-6 CUP Nos. 2016-05 and 2016-15 April 11, 2016 Page 5 The proposed after-hours operation will provide an ancillary service to the restaurant customers by allowing them the ability to offer meals after 12:00 midnight, thereby providing an additional dining option within the downtown area. This will benefit the community by providing a restaurant with an additional and complementary food -related amenity. The after-hours operation is consistent with that of other restaurants in the downtown and offers customers another late night dining alternative. Conditions have been placed on the after-hours permit that will mitigate any potential Impacts created by the use and ensure that the use will not negatively affect the surrounding community. • The proposed after-hours operation is consistent with other restaurants operating in the downtown, and provides additional food choices for local residents and visitors. The after-hours operation will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer after-hours meals to their patrons, Moreover, the late night hours allows the restaurant to remain economically viable and contributes to the overall success of the downtown area in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. The after-hours operation will contribute to the success of downtown by widening the time frame that food service is available thereby encouraging customers to stay longer in the area. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant open after 12:00 midnight pursuant to Chapter 41 of the Santa Ana Municipal Code. The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant which operates after hours will provide a dining service to the residents of Santa Ana. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval, in conjunction with the operational standards for the proposed Type 41 ABC license will help maintain a safe and attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed Kiyomizu restaurant will be located in downtown and is compatible with surrounding land uses. A restaurant with after-hours operations provides a dining service to the residents of Santa Ana. 31A-7 CUP Nos. 2016-05 and 2016-15 April 11, 2016 Page 6 Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages and after-hours operation in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation, The project at 305 East Fourth 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 site is located within the boundaries of the Downtown Neighborhood Association and the Lacy Neighborhood Association, and is within the Downtown National Register Historic District. Staff contacted the presidents of the Downtown Neighborhood Association and the Lacy Neighborhood Association to ensure they were notified of this project and to identify any areas of concern. Tish Leon of the Downtown Neighborhood Association supports the proposed project, and Jose Leal, the Lacy Neighborhood president, did not have any concerns at this time. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. 31A-8 CUP Nos. 2016-05 and 2016-15 April 11, 2016 Page 7 CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15061(b)(3) because there is a certainty that the activity in question will not have a significant effect on the environment. Categorical Exemption Environmental Review No. 2016-30 will be filed for this project. Stratenic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, 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). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2016-05 and Conditional Use Permit No. 2016-15 as conditioned. 6)4 7 � Hally Sabo sske Associate Planner HS:jm hs,Mycmlzu/CUP16.05.pc Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Location Map Exhibit 3 —Site Photo (Entry) Exhibit 4 — Floor Plan Exhibit 5 — Operational Standards for On -Sale Establishments 31A-9 SEVENTEENTFI 5T. �11V e , C _ -CS q � I 113 119 IU seh i Cl G ui C2 1 MI si sr sr m m PI p MI NTq 3 �n,'. ' „e n C5 Mx qN9 cr i SP-3 1 e wo, ;iM1 ML a^x FqF SNI 1.1 U Sf 3 �1 M'SNJ s,n2s mr Mi C P}a 4 NL I'SP3 m as p°' S• a ;I M2 p .L PI M •� i1 e 1x,}br N UNt .� FG 7V Al \\✓✓\\11f> �t 0 TV "o UN'x TVna TV IV 1 SF3 'Py*` 411 GCO UN2 �IIF ai. ,�.yS,' UC J OrcUC no , VN2 N1� � Jcx s NL DT 3� til' OpNz �} J �J 0 UC 'V�"' t1N2 w J �JN p 9 uux ac ' 14 orJl d r urvt wn - u112 urvx ' UK Iurvn u z Q ... DT Dr m.O UN'2 UN2 UN2 cuv _ Pi 1 "m CUP s UNZ uNl I J CT D~ I UM1II Ni Na UN2 UN2 UNz e urvv nn I� uC vu 1 CURCDR UN1 UN2 urvx aori nn�'E c. CDN "ZGn FIRST ST. Al GENEIVL RCJLTUPALt CR CC JVSCAL FE()E L NI 5NWFAMILYRSDEIMAL .13 FMNNGMODIRCATON X CAVEflJMINrd3JBi R2 MOFAMILYF OINCE CW ODMMSZIALBMIHMAIN Mt UCH' I'INDUSRAAL RI PAUMPLEDENSWIVULi1PLE Ci COMMUINWIXiMMERDAL N12 I-IrAWIMMRAL EWILYR9� Ci-MD COMM. C3MM6mAUMU DJMR MO MIIJrWOPERAMN3 fm WWRWNANIRRM1 M1S C2 GBMURALC17MMMAL D CRENSACE PE RSD9JRAL5TAlE m CBMiTWLBJSNES P PRDFTISONA1. 3J RMACCEN:HAPM34T Cbl, CSMiWnL& NIMARP MLLAGE FCU rNANN@CQMMUMIT'DEVApFMf3MT 3' 'S RCFIAN CA RANNMSHCPFINGMF Fm FLANNO MOWPAL DEVO-OFMEMT C5 AMSALMMMEFVAL CUP 2016-05 ABC & CUP 2016-15 AHR KIYOMIZU RESTAURANT Inn y, 305 EAST FOURTH STREET, SUITE 105 _ - Y500 FEET 1"=1060 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 31A-10 STH 4TH ca m McI CO M M R C I A L 3RD n P - w Lu H Ln C 0 M M� R C 11 A L CaMME CCIAAL STREET STREET C a M M E R C I A L CUP 2016-05 ABC & CUP 2016-15 AHR KIYOMIZU RESTAURANT p\ 305 EAST FOURTH STREET, UNIT 105(S Vii^ P L A N N I N G A N D U U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-1 1 ti •` • EXISTING PLAN - DIMENSIONED IQ"" NT rs s ) FLOOR PLAN 31A-13 Sec. 41-196. Establishments selling alcoholic beverages. Operational standards for on -sale establishments. The following operational standards shall be included as informational conditions in the conditions of approval for the conditional use permit required pursuant to Section 41-196 The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after-hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. 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 5 1 of 4 31A-14 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-15 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 11, 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, ]eased, 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 31A-16 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-17 L& 04.11.16 RESOLUTION NO. 2016 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016-05 AS CONDITIONED TO ALLOW A TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE AND CONDITIONAL USE PERMIT NO. 2016-15 AS CONDITIONED TO ALLOW FOR AFTER HOURS OPERATION FOR THE PROPERTY LOCATED AT 305 EAST FOURTH 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 Aria hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2016-05 to allow a Type 41 Alcoholic Beverage Control (ABC) license at the property located at 305 East Fourth Street. B. Santa Ana Municipal Code Section 41-196 requires approval of a conditional use permit for establishments wishing to sell alcohol for on- or off -premise consumption. C. On April 11, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-05. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41-636, have been established for Conditional Use Permit No. 2016-04 to allow a Type 41 ABC license: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed alcohol beverage license will provide an ancillary service to restaurant 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 have been placed on the alcoholic beverage control license which will mitigate any potential Impacts Resolution No. 2016-xx Page 1 of 9 31A-18 created by the use and ensure that the use will not negatively affect the surrounding community. Z. 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. The proposed license for the on -sale consumption of alcohol at this location will not be detrimental to persons residing or working in the vicinity because the applicable standards for an on -sale alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also offer full alcoholic beverages for sale to their guests and other visitors. Additionally, the ABC license will allow the restaurant to be economically viable and contribute to the success of the City of Santa Ana's economy. 4, That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed project will be in compliance with all applicable regulations imposed on a restaurant selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility has the kitchen facility necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than four percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Municipal Code, 5. 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. The proposed use will not adversely affect the General Plan. Policy 1.8 of the Land Use Element encourages a balance of land uses to address basic community needs through encouraging commercial services. Approval of the Kiyomizu Resolution No; 2016-xx 31A-19 Page 2 of 9 restaurant will provide additional dining and retail uses within the Downtown, which is a primary commercial area of the city. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for various goods and services, and this facility proposes a new food establishment in the downtown area. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive, and the Kiyomizu restaurant proposes to offer a family friendly environment. Operational standards for the proposed Type 41 ABC license are intended to maintain a safe and attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed Kiyomizu restaurant will be located in a commercial corridor and is compatible with surrounding land uses. Restaurants with an ancillary alcohol license provide a dining service to the residents of Santa Ana. E. Applicant is requesting approval of Conditional Use Permit No. 2016-15 to allow after hours operation (midnight to 2:00 a.m.) at the property located at 305 East Fourth Street, F. Santa Ana Municipal Code (SAMC) Section 41-2007 (Table 2A) requires a conditional use permit for any eating establishment with hours of operation between 12:00 a.m. and 7:00 a.m. On April 11, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-15. G. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41-2007, have been established for Conditional Use Permit No. 2016-15 to allow after hours operation: 1. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed after-hours operation will provide an ancillary service to the restaurant customers by allowing them the ability to offer meals after 12:00 midnight, thereby providing an additional dining option within the downtown area. This will benefit the community by providing a restaurant with an additional and complementary food -related amenity. The after-hours operation is consistent with that of other Resolution No. 2016-xx Page 3 of 9 31A-20 restaurants in the downtown and offers customers another late night dining alternative. Conditions have been placed on the after-hours permit that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer after- hours meals to their patrons. Moreover, the late night hours allows the restaurant to remain economically viable and contributes to the overall success of the downtown area in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site, The after-hours operation will contribute to the success of downtown by widening the time frame that food service is available thereby encouraging customers to stay longer in the area. 3. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant open after 12:00 midnight pursuant to Chapter 41 of the Santa Ana Municipal Code, 4. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2,2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant which operates after hours will provide a dining service to the residents of Santa Ana. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval, in conjunction with the operational standards for the proposed Type 41 ABC license will help maintain a safe and attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed Kiyomizu restaurant will be located in a Resolution No. 2016-xx 31A-21 Page 4 of 9 commercial corridor and is compatible with surrounding land uses. A restaurant with after-hours operations provides a dining service to the residents of Santa Ana. The proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or community. The proposed after-hours operation will provide an ancillary service to the restaurant customers by allowing them the ability to offer meals after 12:00 midnight, thereby providing an additional dining option within the downtown area. This will benefit the community by providing a restaurant with an additional and complementary food -related amenity. The after-hours operation is consistent with that of other restaurants in the downtown and offers customers another late night dining alternative. Conditions have been placed on the after-hours permit that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. H. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15061(b)(3) because there is a certainty that the activity in question will not have a significant effect on the environment. Categorical Exemption Environmental Review No. 2016-30 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana, Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016-05 as conditioned in Exhibit "A" attached hereto and incorporated herein, and Conditional Use Permit No. 2016-15 as conditioned in Exhibit "B" attached hereto and incorporated herein for the property located at 305 East Fourth Street. 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 April 11, 2016, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2016-xx Page 5 of 9 31A-22 ADOPTED this 11th day of April, 2016. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 11, 2016. Date: Acting Recording Secretary City of Santa Ana Resolution No. 2016-xx 31A-23 page 6 of 9 Conditions for Approval for Conditional Use Permit No. 2016-05 Type 41 ABC License Conditional Use Permit No. 2016-05 for a Type 41 Alcoholic Beverage Control license 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 belownp 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 sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 2:00 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. 2. 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. 3. The applicant or an employee of the licensee must be present to monitor all areas of the facility during all times that alcoholic beverages are being served or consumed. 4. (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. 5. 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. If located on public property those barriers must be approved by the Public Works Agency. 6. 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. 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. Resolution No. 2016-xx Page 7 of 0 31A-24 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. 8. 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. 9. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is prohibited or 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. 10. 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. 11. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41-1701.6. 12. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 13. There shall be no public telephones located on the exterior of the premises. Ail interior pay phones must be designed to allow outgoing calls only. 14. 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. 15. A timed -access cash controller or drop safe must be installed. 16. Install a silent armed robbery alarm. 17.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; handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons Involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s); verifying age/checking identification of patrons; warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity and the management of queuing lines. Resolution No. 2016-xx 31A-25 Page 8 of 9 Conditions for Approval for Conditional Use Permit 2016-15 After Hours Operation Conditional Use Permit No. 2016-15 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2, Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code ("SAMC) Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 3. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 4. There shall be no amplified sound used outside the building. A Trash Program and submittal of a notarized and recorded Reciprocal Trash Agreement shall be provided prior to issuance of a Certificate of Occupancy, 6. Sign permits (both permanent and temporary) are under separate submittal. Special events are subject to a Land Use Certificate where such activities will take place outside of the restaurant building. 8. The restaurant may remain open until 2:00 a.m.; occupancy of any future outdoor patio is restricted to 7:00 a.m. to 12:00 midnight. Resolution No. 2016-xx Page 9 of 9 31A-26