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Home My WebLink About31A - CUP - 1730 E 17TH STih M 6 i CITY COUNCIL MEETING DATE: JULY 6, 2016 TITLE; CONDITIONAL USE PERMIT NO. 2016-20 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR AN- PREMISE CONSUMPTION AT EL TACO VELOZ LOCATED AT 1730 EAST SEVENTEENTH STREET, UNIT H - JUVENTINO GONZALEZ, APPLICANT (STRATEGIC PLAN NO. '3, 2) `1 RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED El As Recommended C As Amended Ordinance on 1" Reading El Ordinance on 2 °a Reeding Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016 -20, Wukllollutlol*w At its regular meeting on June 13, 2016, by a vote of 6:0 (Mill absent), the Planning Commission adopted a resolution approving Conditional Use Permit (CUP) No. 2016 -20 which approved the sale of alcoholic beverages for on- premise consumption at an eating establishment, El Taco Veloz restaurant, at 1730 East Seventeenth Street, Unit H located In the Arterial Commercial (C- 5) zoning district. The Planning Commission made no changes to the recommended approval of the project (Exhibit A). I�5 , S ON ,luventino Gonzalez, representing El Taco Veloz restaurant, requested approval of a CUP to allow the on- premise consumption of beer and wine to patrons of the restaurant. Pursuant to Section 41- 196 of the SAMC, restaurants that wish to sell alcohol to patrons require approval of a CUP; however, the use of the property as a restaurant is permitted by right, The restaurant is a full service, sit -down eating establishment that Is approximately 1,500- square feet in size and holds approximately 66 seats, The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use, The hours of operation for the restaurant are from 9;00 a,m, to 9:30 p.m, daily. Alcohol storage and display areas, located near and Inside of the kitchen, will consist of less than five percent of the floor area, Full -sized site plans are available for public viewing In the Clerk of the Council Office, 31A-1 CUP No. 2016 -20 — El Taco Veloz Alcoholic Beverages, 1730 East Seventeenth Street, Unit M July 5, 2016 Page 2 STRATEGY; PLAN ALIGNMENT Approval of this item supports the laity's efforts to meet 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). AL IIMPACT There is no fiscal impact associated with this action, r JA: rb &Ja9u1la6Pr0Jed M173D E 17" SWUF18 0 1730 917" ROO Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action �lll� 1= fik�TrTiia. TITLE: PUBLIC HEARING -- FILED BY JUVENTINO GONZALEZ FOR CONDITIONAL USE PERMIT NO. 2016-20 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT EL TACO VELOZ LOCATED AT 1730 EAST SEVENTEENTH STREET, UNIT H (STRATEGIC PLAN NO. 3,2) Prepared by Jessica Aguilar , �Exe ive Director -- ^ —�- r: r APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2016 -20. -. ,.,„ Planning Ma ager E Juventino Gonzales, representing El Taco Veloz restaurant, is requesting approval of a conditional use permit (CUP) to allow the on- premise sale of alcoholic beverages at a full- service eating establishment located at 1730 East Seventeenth Street, Unit H. 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 El Taco Veloz restaurant currently operates within an existing 6.34 -acre, multi - tenant commercial center known as Superior Market Center that is located on the southeast corner of East Seventeenth and Mabury streets. The site is a neighborhood shopping center that contains eating establishments, retail stores, and offices. The Superior Market Center contains approximately 73,500 - square feet of tenant space, 13 tenant units, and was constructed in 1978. A total of 314 parking spaces are provided in a surface parking lot. The General Plan land use designation for the site is General Commercial (GC), which allows for commercial and office uses. General Commercial designation provides accessible commercial development along the City's arterials as well as support facilities and services, including offices, restaurants and various other services. The project is consistent with this General Plan land use designation. The site is located within the Arterial Commercial (C -5) zoning district. The C -5 zoning district allows for commercial and service uses such as retail markets, making the proposed use consistent with the zoning designation. The site is surrounded by eating establishments and retail to the north and northwest, offices to the east, single - family residential to the west, and multi - family residential to the south (Exhibits 1, 2, and 3). EXHIBIT A 31A-3 CUP No. 2016 -20 June 13, 2016 Page 2 r _T El Taco Veloz restaurant is requesting approval of a CUP to allow the on- premise consumption of beer and wine to patrons of the restaurant. Pursuant to Section 41 -196 of the SAMC, restaurants that wish to sell alcohol to patrons require approval of a CUP; however, the use of the property as a restaurant is permitted by right. The restaurant is a full service, sit -down eating establishment that is approximately 1,500- square feet in size and holds approximately 66 seats. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The hours of operation for the restaurant are from 9:00 a.m. to 9:30 p.m. daily. Alcohol storage and display areas, located near and inside of the kitchen, will consist of less than five percent of the floor area (Exhibit 5). Prolect Backaroun+d El Taco Veloz restaurant is a locally-owned and operated restaurant that specializes in Mexican cuisine. This business has been operating at the present location since December 9, 2004, El Taco Veloz restaurant occupies an existing tenant space in Superior Market Center that has been used for various eating establishments since 2001. No discretionary permits have been requested or granted at this location. PmLq Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit request may be granted when it can be shown that the proposed project will not adversely impact the community. 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. 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 31A-4 menus offers additional dining options for Santa Ana residents and visitors. El Taco Veloz restaurant'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 Analysis 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 such uses are mitigated to the greatest extent possible. For on -sale licenses, the Police Department compares crime in the project area to crime citywide. Crime data is collected by reporting district. When a project is located in a reporting district with more than 20 percent of the average crime rate citywide, the Police Department will consider this information in making its recommendation. The project at 1730 East Seventeenth Street is located in Reporting District No. 244. Reporting District No. 244 ranks 39 out of 102 reporting districts in the number of police related calls for service. This reporting district is below the average for criminal activity threshold established by the State for high crime. The Police Department contends that the operational standards applicable to on- premise ABC licenses will mitigate any potential negative impacts to the surrounding community. Public Notification The project is not located within the boundaries of a Santa Ana neighborhood, but is in close vicinity to Mabury Park neighborhood. Staff contacted the president of the Mabury Park 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. CEQA Compliance In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA 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 31A-5 CUP No. 2016 -20 June 13, 2016 Page 4 Environmental Review No. 2016 -54 will be filed for this project. 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 alcoholic beverages at an existing structure. No expansion of square footage or modification to the exterior of the building is proposed as part of this project. �tratec�ic Plant Alirtnment 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 -20. essi ar�- Planning Technician JA:jm S:Jaeuila\PMJect$\1730 E 17 "' St\CUP16 -20 1730 E 17" St.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photos Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments 31A-6 AI __ --'-q NE W �Itd lT Rd 1RI - 71, H�rv.r- i:�.n�a Ad P9 s 4.... 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N C Y VICINITY MAP �l HHj$IT It 0 M M i R C I A L SEVENTEENTH STREET I COMM COMM. OFFICE MULTI- FAMILY RESIDENCE INGLE -FA ILY RES DEN E MULTI - FAMILY RESIDENCE R ' 1 • 101 ''. OFFIC MULTI - FAMILY RESIDENCE EL TACO VELOZ A 1730 EAST SEVENTEENTH STREET, UNIT H eP P L A N N I N G A N D 8 J I L D I N G A G E N C Y LAND USE MAP EXHIBIT2 31A-8 w w cc w a � vi � rx PROJECT < SITE C. w n O m d � m d v FIFTEENTH STREET MULTI - FAMILY RESIDENCE R ' 1 • 101 ''. OFFIC MULTI - FAMILY RESIDENCE EL TACO VELOZ A 1730 EAST SEVENTEENTH STREET, UNIT H eP P L A N N I N G A N D 8 J I L D I N G A G E N C Y LAND USE MAP EXHIBIT2 31A-8 iv _ ��ll Ot Q�'y0� ..... :.� Itiflarese�s ".�eaEaod� ..; a 4"-+ c 1� � . s x �' ,� �i � 3—AlUd-)Wd 01-11813VO 1:77 fiio '9a ------------- CUP 2016.20 EL TACO VELOZ ABC LICENSE 1730 EAST SEVENTEENTH STREET, UNIT H SITE PLAN EXHIBIT 4 31A-10 u J ,v CUP 2016.20 EL TACO VELOZ ABC LICENSE 1730 EAST SEVENTEENTH STREET, UNIT H FLOOR PLAN EXHIBIT 5 31A-1 1 Lc 2p� O in 64 d 0 O d .. W C7 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. 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. 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 -12 g. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency. 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 -13 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 Aria Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed - access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 23. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items: a. Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. C. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. 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 -14 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-15 LS 6.13.16 RESOLUTION NO, 2016 -xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016 -20 TO ALLOW ON- PREMISE SALE OF ALCOHOLIC BEVERAGES AT THE PROPERTY LOCATED AT 1730 EAST SEVENTEENTH STREET, UNIT H 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 -20 to allow on- premise sale of alcoholic beverages at the property located at 1730 East Seventeenth Street, Unit H. B. Santa Ana Municipal Code Section 41 -196 requires approval of a conditional use permit for establishments selling alcoholic beverages for either on -site or off -site consumption. C. On June 13, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016 -20. 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 Section 41- 638, have been established for Conditional Use Permit No. 2016 -20 to allow for on- premise sale of alcoholic beverages: 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 Alcoholic Beverage Control (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 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 4 31A -16 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 ABC license will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity as operational standards will ensure that the use will not create any negative or adverse impacts. This is primarily a restaurant use and the addition of alcohol will be ancillary to the main 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 permit the restaurant to maintain its established function in the neighborhood as a well- known, family -owned restaurant. El Taco Veloz restaurant has been a part of the community for over a decade, and the intent to serve alcoholic beverages in the restaurant will allow the restaurant to compete with other restaurants in the area that also offer alcoholic beverages for sale to their patrons. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed alcohol license will be in compliance with all applicable regulations and operational standards found in Chapter 41 of the Santa Ana Municipal Code regarding on- premise alcohol licenses. Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 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. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Resolution No. 2016 -xx 31A -17 Page 2 of 4 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. El Taco Veloz restaurant'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 from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. General Rule Exemption Environmental Review No. 2016 -54 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 -20 for the project located at 1730 East Seventeenth Street, Unit N. 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 June 13, 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 3 of h 31A -18 ADOPTED this 13th day of June, 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 June 13, 2016. Date: Acting Recording Secretary City of Santa Ana Resolution No, 2016 -xx Page 4 of 4 31A -19 31A-20