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HomeMy WebLinkAboutRESO 2016-38_5015 W Edinger Ave (Majesty Restaurant)LS 9.12.16 RESOLUTION NO. 2016-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016-29 TO ALLOW THE ON -PREMISE SALE OF ALCOHOLIC BEVERAGES; CONDITIONAL USE PERMIT NO. 2016-30 AS CONDITIONED TO ALLOW AFTER-HOURS OPERATION; AND CONDITIONAL USE PERMIT NO. 2016-33 AS CONDITIONED TO ALLOW AN ANCILLARY BANQUET USE AT THE PROPERTY LOCATED AT 5015 WEST EDINGER AVENUE, UNIT V 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. 2016-29 to expand the on -premise sale of alcoholic beverages into the adjacent tenant space; Conditional Use Permit No. 2016-30 to allow after-hours operations until 2:00 a.m.; and, Conditional Use Permit No. 2016-33 to allow an ancillary banquet use, for the property located at 5015 West Edinger Avenue, Unit V. 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. Santa Ana Municipal Code Section 41-365.5(f) requires approval of a conditional use permit for businesses operating between the hours of 12:00 a.m. and 5:00 a.m. in the Community Commercial (C-1) zoning district. D. Santa Ana Municipal Code Section 41-365.5(k) requires approval of a conditional use permit for banquet facilities as an ancillary use, subject to development and operational standards set forth in Santa Ana Municipal Code Section 41-199.1, in the Community Commercial (C-1) zoning district. E. On September 12, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-29, Conditional Use Permit No. 2016-30 and Conditional Use Permit No. 2016-33. Resolution No. 2016-38 Page 1 of 12 F. After said hearing, the Planning Commission continued the matter to its t regularly scheduled meeting of October 10, 2016. < 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 Section 41- 638, have been established for Conditional Use Permit No. 2016-29 to allow for on -premise sale of alcoholic beverages: 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 expansion of the Alcoholic Beverage Control (ABC) license into the adjacent suite 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. 2. 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 will primarily be 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 project site is located within a multi -tenant commercial center and is suitable for the proposed use. Alcoholic beverages on the menu at Majesty Restaurant's expanded space will increase the patronage to the restaurant and number of visitors to the development, thereby enhancing the profitability of the business and economic stability of the area. Thus, the expansion of Majesty Restaurant into the adjacent tenant space will enhance the economic viability of the area. Resolution No. 2016-38 Page 2 of 12 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed alcohol beverage 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. The facility will be maintained as a full service bona fide eating establishment. Alcohol storage and display areas will consist of less than five (5%) percent of the floor area which is the maximum threshold established by the Santa Ana Municipal Code. 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 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. Majesty Restaurant's tenancy will continue to contribute 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 is located in a commercial center and its expanded operations are compatible with the surrounding commercial businesses. H. 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 - Resolution No. 2016-38 Page 3 of 12 638, have been established for Conditional Use Permit No. 2016-30 to allow after-hours operation: 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or community. Majesty Restaurant is requesting to operate until 2:00 a.m. This will allow the restaurant to remain competitive with other restaurants in the area. Conditions have been placed on the after-hours operations that will mitigate any potential impacts created by the use and ensure that the use will not adversely affect the surrounding community. 2. 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 after-hours operations for the restaurant at this location will not be detrimental to persons residing or working in vicinity because conditions have been placed on the restaurant operations that will mitigate any potential negative or adverse impacts created by the use. Additionally, the restaurant will serve both visitors and the local and regional business community. 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 local businesses to become a destination area. Moreover, the flexibility of operational hours will help the commercial shopping center remain economically viable. 4. That the proposed use will 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 operating after 12:00 a.m. 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. 31 Resolution No. 2016-38 Page 4 of 12 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 that is open past midnight contributes to the economic success of the City as a shopping and dining destination. 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 expansion of the ABC license will maintain a safe and attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible and supportive of surrounding land uses. Majesty Restaurant is located in a commercial corridor and is compatible with surrounding land uses. 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. 2016-33 to allow an ancillary banquet use: 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or community. Majesty Restaurant may close the entirety or a portion of the restaurant to allow for a banquet use, which would allow the restaurant to be used by the local community for private events or functions. This will allow the restaurant to remain competitive with other restaurants in the area, and will help the area become a destination point. Development and operational standards for banquet facilities and conditions placed on the banquet use operations will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. 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 banquet use at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the restaurant operations that will mitigate any potential negative or adverse impacts created by the use. Additionally, the restaurant will serve both visitors and the local and regional business community with emphasis on local service. Resolution No. 2016-38 Page 5 of 12 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 negatively affect the economic stability of the area, but will instead allow local businesses to become a destination area. Further, offering various types of services and land uses is needed to create a dynamic community for local patrons and visitors. 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 and operational standards found in Chapter 41 of the Santa Ana Municipal Code regarding banquet facilities. Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to banquet facilities 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. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's varied need for goods and services. A restaurant that offers the potential for private parties and banquets provides an essential service for local patrons and regional visitors, including the business community. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Policy 5.5 of the Land Use Element encourages development that is compatible with and support of surrounding land uses. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana. J. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. The Class 1 exemption allows the licensing of existing private structures and facilities when there is no expansion of the existing use, but allows the operation, repair, maintenance, permitting, or leasing of existing structures. No modification to the exterior of the building is proposed. Resolution No. 2016-38 Page 6 of 12 Categorical Exemption Environmental Review No. 2016-84 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. 2016-29, Conditional Use Permit No. 2016-30 as conditioned in Exhibit A attached hereto and incorporated herein, and Conditional Use Permit No. 2016-33 as conditioned in Exhibit B attached hereto and incorporated herein, for the project located at 5015 West Edinger Avenue, Unit V. 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 September 12, 2016, and exhibits attached thereto; the Request for Planning Commission Action dated October 10, 2016, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 10th day of October, 2016. AYES: Commissioners: Bacerra, Bauer, McLoughlin, Mendoza (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete, Gartner, Verino (3) ABSTENTIONS: Commissioners: None (0) ynnette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: L Lisa Storck Assistant City Attorney Resolution No. 2016-38 Page 7 of 12 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016-38 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 10, 2016. Date: /0/ 10//6 Acting Recording Secretary City of Santa Ana Resolution No. 2016-38 Page 8 of 12 EXHIBIT A Conditions of Approval Conditional Use Permit No. 2016-30 for after-hours operations 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 belowrip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions Code and shall provide a menu containing an assortment of foods normally offered at a restaurant. 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 alcohol license are being exercised. 2. There will be no outdoor restaurant activity. 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. 5. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music/noise shall not be audible beyond five (5) feet from the exterior of the premises in any direction. 6. The applicant shall post "No Loitering" signage within the rear parking area. The signage shall include all information as directed by the Police Department to allow enforcement. The signage shall also prohibit parking within this parking area from 9:00 p.m. to 7:00 a.m. 7. The rear north and east restaurant doors shall remain closed at all times, except to accommodate deliveries. Deliveries shall be prohibited between the hours of 9:00 p.m. to 7:00 a.m. Resolution No. 2016-38 Page 9 of 12 8. Prior to release of the conditional use permit to the State Department of Alcoholic Beverages (ABC), the applicant shall obtain an entertainment permit. Resolution No. 2016-38 Page 10 of 12 EXHIBIT B Conditions of Approval Conditional Use Permit No. 2016-33 for an ancillary banquet use 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 Prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. The premises shall comply with the banquet facilities development and operational standards set forth in Section 41-199.1 of the Santa Ana Municipal Code. 2. 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 at a restaurant. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. 3. There will be no outdoor restaurant activity. 4. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 5. Any and all existing or new lighting on the building's exterior must be maintained in working order. 6. All exterior lighting will be directed towards the restaurant and/or sidewalk and not towards other properties. 7. There shall be no amplified sound used outside the building. 8. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music/noise shall not be audible beyond five (5) feet from the exterior of the premises in any direction. Resolution No. 2016-38 Page 11 of 12 9. The applicant shall post "No Loitering" signage within the rear parking area. The signage shall include all information as directed by the Police Department to allow enforcement. The signage shall also prohibit parking within this parking area from 9:00 p.m. to 7:00 a.m. 10. The rear north and east restaurant doors shall remain closed at all times, except to accommodate deliveries. Deliveries shall be prohibited between the hours of 9:00 p.m. to 7:00 a.m. 11. Prior to release of the conditional use permit to the State Department of Alcoholic Beverages (ABC), the applicant shall obtain an entertainment permit. Resolution No. 2016-38 Page 12 of 12