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Home My WebLink About31A - CUP - 2429 W MCFADDEN AVE UNIT 106REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016 -14 TO ALLOW AN ALCOHOL BEVERAGE CONTROL LICENSE AT RESTAURANT ACAPULCO LOCATED AT 2429 WEST MCFADDEN AVENUE, UNIT 106 - HA NGUYEN, APPLICANT (STRATEGIC PLAN NO. 3,2;) (Di�z L / CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on t t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016 -14 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on April 25, 2016, by a vote of 7:0, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016 -14 as conditioned which approved an Alcoholic Beverage Control (ABC) license for on- premise consumption of beer and wine with food service at Restaurant Acapulco located at 2429 West McFadden Avenue, Unit 106 in the Arterial Commercial (C -5) zoning district. The Planning Commission added a condition to have a private security guard serve on duty until the end of business operations. These hours will be adjusted to correspond with the hours of operation as needed (Exhibit A). DISCUSSION Ha Nguyen, representing Roberta Hurtado of Restaurant Acapulco, is requesting approval of a conditional use permit (CUP) for an ABC license to allow the on- premise sale and consumption of beer and wine at Restaurant Acapulco located at 2429 West McFadden Avenue, Unit 106. The applicant is pursuing tenant improvements to occupy an adjacent space to its current location at Unit 108 and vacate its present location. Units 106 and 107 will be consolidated into a new restaurant space with approximately 1,913 square feet of interior kitchen and service area. The site, located on the northeast corner of West McFadden Avenue and South Sullivan Street, contains approximately 17,947 square feet of commercial square footage and a total of 16 tenants. Under the name Taqueria Acapulco, the restaurant has been located in the same building for the past 20 years and intends to expand their operations by moving to a larger space. A condition of approval has been placed on the CUP to maintain compliance with signage standards, pursuant to Chapter 41, Article XI, Division 2 of the Santa Ana Municipal Code. Other conditions of approval were added to ensure safety and operational standards for on- premise sale of alcoholic beverages. Full -sized site plans are available for public viewing in the Clerk of the Council Office. 31A-1 Conditional Use Permit No. 2016.14 — Restaurant Acapulco ABC — 2429 West McFadden Avenue, Unit 106 May 17, 2018 Page 2 TR IEgIC PLAN A619NMCNI Approval of this item supports the City's efforts to most Goal #3 - Economic Development, Objectives #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. PG:rb WPQuarralPmJast4U429 W M&FAPQRNlaupla•1A 2428W Waddanm 31A-2 i a ` Ir Iv FOR M i�Ae11S1111Fi"SsIi?tTt tt�tli;'°i_.yFr ?ildit ��li [� �1�t� APRIL FOR CONDITIONAL USE PERMIT NO. 2016 -14 TO ALLOW AN ALCOHOL BEVERAGE CONTROL LICENSE AT RESTAURANT ACAPULCO LOCATED AT 2429 WEST MCFADDEN AVENUE, UNIT 106 (STRATEGIC PLAN NO, 3,2;) Prepared by Pamela Guerra Executive Directory �f f0 M_1d11Rt<Ft'{lit/lilUT &S113Ff1vtE APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Planning Manar��` RECOMMENDED ACTIONS Adopt a resolution approving Conditional Use Permit No. 2016 -14 as conditioned. Request of Applicant Ha Nguyen, representing Roberta Hurtado of Restaurant Acapulco, is requesting approval of a conditional use permit (CUP) for an Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of alcoholic beverages at Restaurant Acapulco located at 2429 West McFadden Avenue, Unit 106. Establishments that sell alcoholic beverages require approval of a CUP pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description Restaurant Acapulco is pursuing tenant improvements to occupy an adjacent space to its current location at Unit 108 and vacate its present location. The restaurant will be consolidating Units 106 and 107 into a new restaurant space with approximately 1,913 square feet of interior kitchen and service area. The site contains approximately 17,947 square feet of commercial square footage and contains a total of 16 tenants. The General Plan land use designation for the site is General Commercial (GC). General Commercial 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 parcel is located within the Arterial Commercial (C5) zoning district. The Arterial Commercial zoning district allows eating establishments by right, making Restaurant Acapulco's use consistent with the zoning designation. Surrounding land uses include single - family residential uses to the north and east, a mixture of residential and commercial uses to the south, and commercial uses to the west (Exhibits 1, 2, and 3). EXHIBIT A 31A-3 CUP No. 2016 -14 April 25, 2016 Page 2 Restaurant Acapulco is requesting approval of a CUP to allow an Alcoholic Beverage Control (ABC) license for the on- premise consumption of alcoholic beverages to patrons at the restaurant. Pursuant to SAMC Section 41 -196, eating establishments wishing to sell alcohol to diners require approval of a CUP; however, the use of the property as an eating establishment is permitted by right. The tenant is currently in the process of pursuing tenant improvements to move from the current location at Unit 108 to an adjacent location which will combine Units 106 and 107. The resulting reconfiguration will contain an occupant capacity of 49 persons. A restaurant and a retail space currently occupy Units 106 and 107, respectively. The property owner intends to surrender the existing CUP for Unit 108 and will submit a letter to the Planning Division stating their intent. Overall alcohol storage and display areas will consist of less than five percent of the floor area, which is consistent with the standards contained in the SAMC (Exhibits 4 and 5). The proposed hours of operation for the restaurant are from 8:00 a.m. to 10:00 p.m. on Mondays through Thursdays and 8:00 a.m. to 12:00 a.m. on Fridays through Sundays. The restaurant also plans to host live music and has been approved for a Category 2 Entertainment Permit. Prolect Backaround Restaurant Acapulco will occupy a unit in the McFadden - Sullivan Center, an existing commercial development constructed between 1986 and 1988. Under the name Taqueria Acapulco, the restaurant has occupied Unit 108 for the past 20 years and will be moving to a new space in the same building, The development contains 16 commercial units, two of which will be consolidated to create the new space for the restaurant. Uses for the other units in the development include retail businesses, offices, and a laundromat. The applicant filed CUP No. 99 -18 in May 1999 to allow an ABC license for the restaurant's current location at Unit 108. As conditioned, the applicant will surrender CUP No. 99 -18 for Unit 108. This will keep the number of allowable ABC licenses at the same amount. A family -owned Mexican restaurant, Restaurant Acapulco has been a part of their community for the past two decades. The intent to expand the operations by moving to a larger space speaks to the success of this particular business. The applicant will be applying for an ABC license, which authorizes eating establishments to sell beer and wine for consumption on or off the premises where sold. The previous location also held an ABC license. 31A-4 CUP No. 2016 -14 April 25, 2016 Page 3 Proiect Analvsls Conditional use permit requests are governed by Section 41 -638 of the SAMC; Section 41 -196 requires a CUP for establishments selling alcohol for on -site or off -site consumption. 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 CUP. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. The granting of the CUP for this space will allow the restaurant to continue its established function within this neighborhood as a well- known, family -owned eating establishment. Moreover, the proposed license 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. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Restaurant Acapulco's tenancy contributes to the maintenance and viability of the commercial development in which it is located, Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive, Operational standards for the proposed ABC license will maintain a safe and attractive environment in the neighborhood. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The restaurant will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses (Exhibit 6). Police Department Analysts The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages 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, 31A-5 CUP No. 2016 -14 April 25, 2016 Page 4 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 2429 West McFadden Avenue is located in Reporting District No. 106. 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 since this business will surrender their existing ABC license upon relocation to the space adjacent to their current location at Unit 108, the move from one unit to another will not cause any further demand on services in the area. In addition, the Police Department contends that the proposed conditions of approval and operational standards will mitigate any potential negative impacts to the surrounding community. As a result, the Police Department is supportive of the applicant's request. Public Notification The project is located within the boundaries of the Bella Vista neighborhood. Staff contacted the president of the Bella Vista Neighborhood Association to ensure that the neighborhood was notified of this project and to Identify any areas of concern. The project site was also posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received. M Restaurant Acapulco is an existing facility applying for a conditional use permit to allow an ABC license to have beer and wine consumption on site. It has been found by the City's development review agencies that the granting of this ABC license will not create any adverse impacts. Restaurant Acapulco is located on a site that is not designated by federal, state, or local agencies to be an environmental resource of hazardous or critical concern. The cumulative impact of this project will not be significant as the land use is allowed by the Santa Ana Municipal Code, the property is already served by roads and utilities, and will not create any adverse impacts such as noise, traffic, or safety concerns. There is no reasonable possibility that the project will have a significant effect on the environment due to unusual circumstances. The project is not located within a highway officially designated as a state scenic highway and will not result in damage to scenic resources. The project is not located on a site which is included on any list compiled 31A-6 CUP No. 2016 -14 April 25, 2016 Page 5 pursuant to Section 65962.5 of the Government Code. Lastly, the project is not proposed on a site that is considered a historical resource or that is listed in the Santa Ana Register of Historic Properties. 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. General Rule Exemption Environmental Review No. 2016 -23 will be filed for this project. • _ •,►,11.1 Approval of this item supports the City's efforts to meet Goal No, 3 Economic Development, Objectives No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2016 -14 as conditioned. Pamela Guerra Planning Technician PG:jm $ :PGuerra1Projeds\2429 W MCFADDEMcup18 -14 2429 W Waddeo.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-7 FIRST ST. cz CZ - -+ - - ry e QiMI; C7 1Rd IND 1 t 2 `Ij ��iMUI s Ilil II II C2 r R1 11 - i 1 Rj Rl R3 3R2 R2 's R2 ' 0 s RI r7 NI m 21R7 E w. _ N1 fll }I' A FI m R1 Q alp R1 R3 " R7 T .Rim ry ono x..: 0 Rl ;.R7 d wni I R1 R3 - xR71'- "w Gsn sr R1 [ R3 R3 - RI a RI —. C4 A \ a 0 r fl3 bC l TI l ti RI ft1 al F OJECT5 r-- , R' Rl — rtl Rl� Rl ,nlili� s 141 �ffIIIm��yyfwfIIn, n, Cl n °� Rl R2. 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N z G SI GL F- '^"' W F A M I L Y R E S I D E C E r C7 C7 KlIDJE7CECOMM . . - - CUP 2015 -14 RESTAURANT ACAPULCO ABC LICENSE (P A, 2429 WEST McFADDEN AVENUE, UNIT 106 P -LA N N N G A N O B U I L p i N G A G E N C Y LAND USE MAP EXHIBIT2 CUP 201614 RESTAURANT ACAPULCO ABC LICENSE 2429 WEST McFADDEN AVENUE, UNIT 106 SITE PHOTOS EXHIBIT 3 31A -10 CUP 2016.14 RESTAURANT ACAPULCO ABC LICENSE 2429 WEST McFADDEN AVENUE, UNIT 106 SITE PLAN EXHIBIT 4 31A-1 1 CiOMGE rn <as roa roaa viwe � Bpn / "3nr N30P6'l3N Mazaa 1 4 � 'r' f:i-971%dYJV.,CN'VEPJH[rl.S3Ll TENANT SPACE =1913 SO FT LIQUOR STORAGE = 23.5 SQ. rT 123% III bI5pLAV 15 ,� CUP 2016.14 RESTAURANT ACAPULCO ABC LICENSE 2429 WEST McFADDEN AVENUE, UNIT 106 FLOOR PLAN EXHIBIT 5 31A -12 LS 4.25.16 RESOLUTION NO.2016 -xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016 -14 AS CONDITIONED TO ALLOW AN ON- PREMISE ALCOHOLIC BEVERAGE CONTROL LICENSE AT RESTAURANT ACAPULCO LOCATED AT 2429 WEST MCFADDEN AVENUE, UNIT 106 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. 2016 -14 to allow an on- premise Alcoholic Beverage Control (ABC) license for the property located at 2429 West McFadden Avenue, Unit 106 B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption of alcoholic beverages that is ancillary to the primary restaurant use. C. On April 25, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016 -14. 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 (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2016 -14 to allow the 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 ABC license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase alcoholic beverages with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards and conditions 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. Resolution No. 2016 -xx Page 1 of 5 31A -13 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 ABC license will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. This is primarily a restaurant use and the addition of alcohol will be ancillary to the main use. In addition, the 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 permit the restaurant to maintain its established function in the neighborhood as a well- known, family -owned restaurant. Restaurant Acapulco has been a part of the community for the past two decades, and the intent to expand the operations by moving to a larger space speaks to the success of this particular business. The granting of the CUP for this space will allow for Restaurant Acapulco to remain economically viable and to continue fulfilling its role as a beloved eating establishment in the community, 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 alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a full- service eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is consistent with the maximum threshold established by the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Resolution No, 2016 -xx Page 2 of 5 31A -14 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. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Restaurant Acapulco's tenancy contributes to the maintenance and viability of the commercial development in which it is located. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions and operational standards for the proposed ABC license will maintain a safe and attractive environment in the neighborhood. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses, The restaurant will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the on- premise sale of beer and wine at a full- service restaurant within an existing structure. 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 -14 as conditioned in Exhibit A, attached hereto and incorporated 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 April 25, 2016, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2016 -xx Page 3 of 5 31A-15 ADOPTED this 251h day of April 2016 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: James Gartner Chairman 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 25, 2016. Date: Acting Recording Secretary City of Santa Ana 31A -16 Resolution No. 2016 -xx Page 4 of 5 e Conditions for Approval Conditional Use Permit No. 2016 -14 for an 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 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. All signage on the property must be brought into compliance with the standards set in Chapter 41, Article XI, Division 2 of the SAMC, as well as the McFadden - Harbor Business Center Sign Program (Sign Program No. 2001 -2 ). 2. The applicant will surrender CUP No. 99 -18 for Unit 108, as agreed upon for planning approval of the Certificate of Occupancy for Unit 106. The applicant will also contact the Department of Alcoholic Beverage Control to withdraw the active ABC License for Unit 108. Resolution No, 2016 -xx Page 5 of 5 31A -17 31A -18