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HomeMy WebLinkAbout31F - CUP - 304 N MAIN STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 20, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016-42 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION AND CONDITIONAL USE PERMIT NO. 2016-43 TO ALLOW AFTER- HOURS OPERATION UNTIL 2:00 A.M. FOR GU RAMEN LOCATED AT 304 NORTH MAIN STREET - GREGG HANOUR, APPLICANT (STRATEGIC PLAN NO. 3, 2, 4) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: usiaOMAX ❑ As Recommended ❑ As Amended ❑ Ordinance on I' Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution �] Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016-42 and Conditional Use Permit No. 2016-43 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on November 28, 2016, by a vote of 7:0, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016-42 to allow a the sale of alcoholic beverages for on -premise consumption at an existing eating establishment and Conditional Use Permit No. 2016-43 as conditioned to allow business operations until 2:00 a.m. for Gu Ramen restaurant at 304 North Main Street located in the Transit Zoning Code/Specific Development No. 84 (SD -84) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Gu Ramen is a locally owned Japanese restaurant located in the Historic Downtown of Santa Ana. The restaurant opened its doors in August 2016 to its patrons and since then has been offering a variety of ramen dishes to its clients. Gu Ramen intends to provide a dining experience with fresh ingredients to its locals and visitors. The proposed addition of alcoholic beverage and after-hours to the existing eating establishment is intended to provide an ancillary menu option and will not become an attractive nuisance. Full-sized site plans are available for public viewing in the Clerk of the Council Office. 31 F-1 CUP Nos. 2016-42 & 2016-43 — Gu Ramen Alcoholic Beverages and & After -Hours at 304 North Main Street December 20, 2016 Page 2 STRATEGIC PLAN ALIGNMENT 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. Hassan Hazy ani, CP Executive Director Planning & Building Agency EM:rb M:\Projects\CUP16-42&43 Gu Ramen.cc Exhibit: A. Planning Commission Staff Report 31 F-2 REQUEST FOR NOVEMBER 28, 2016 TITLE: PUBLIC HEARING — FILED BY GREGG HANOUR FOR CONDITIONAL USE PERMIT NO. 2016.42 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION AND CONDITIONAL USE PERMIT NO. 2016-43 TO ALLOW AFTER-HOURS OPERATION FOR GU'RAMEN LOCATED AT 304 NORTH MAIN STREET (STRATEGIC PLAN NO. 3,2) Prepared by Escarlet Mar _. Executive D rect r PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended CI As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO :!f��Plan�nlngMan er RECOMMENDED ACTIONS 1. Adopt a resolution approving Conditional Use Permit No. 2016-42. 2. Adopt a resolution approving Conditional Use Permit No. 2016-43 as conditioned. Request of ADDIlcant Gregg Hanour, representing Gu Raman Restaurant, is requesting approval of a conditional use permit (CUP) to allow the sale of alcoholic beverages for on -premise consumption at an existing eating establishment located at 304 North Main Street. In addition, the applicant is requesting approval of a separate CUP to allow the restaurant to operate until 2:00 a.m. Establishments that sell alcoholic beverages and that operate between 12:00 a.m. and 7:00 a.m. require approval of respective CUP's pursuant to Section 41-2007 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The subject site is a 0.14 -acre parcel of land located at the northwest corner of Main Street and Third Street. The business is located in a 6,200 square feet occupied by business and is within walking distance of a City owned parking structure adjacent to the restaurant. The General Plan land use designation for this property is District Center (DC), which allows for a mixture of high-rise office, commercial and residential uses. The project is consistent with the General Plan land use designation. The site is located within the Transit Zoning Code (SD -84) zoning district in the Downtown sub -district. The SD -84 zoning district allows for a mixture of commercial and residential uses. The proposed project is consistent with the zoning for the site. Surrounding land uses include religious facility to the north, an eating establishment to the south, a City -owned parking structure to the west, and commercial uses to the east across Main Street (Exhibits 1, 2 and 3). EXHIBIT A 31 F-3 CUP Nos. 2016-42 & 2016-43 November 28, 2016 Page 2 Prolect Descriotlon Gu Ramen is requesting approval of a CUP to allow the on -premise sale of alcoholic beverages to patrons of the restaurant. The alcohol sales component is ancillary to the primary food use and will only be sold in conjunction with a food purchase,. The restaurant will provide a full service, sit-down eating experience with approximately 37 seats within its dining room, The restaurant portion consists of approximately 1,140 square feet in total and provides multiple seating arrangements throughout its restaurant. The alcoholic beverages will be stored within a walk-in cooler at the rear of the restaurant within the enclosed kitchen/prep area and will consist of less than five percent of the floor area (Exhibits A), Additionally; the applicant is requesting approval of a separate CUP to allow the business to operate afterhours, If the CUP is approved, the hours of operation will be `limited to between 7:00 a.m, and 2:00 a.m.. daily. Project Background The subject site, Gu Ramen, is located in the Historic Downtown of Santa Ana. The building where the restaurant is located was built in 1923 and hosts a variety of mixed uses. Currently, tenants consist of restaurants, a retail use ,and a bar: The proposed addition of alcoholic beverage to the existing eating establishment is intended to provide an ancillary menu option to patrons, The applicant currently intends to provide beer and wine sales only. Locally -owned Gu Ramen is a Japanese cuisine restaurant known for its rumen and noodle dishes. The restaurant opened its doors in August 2016 to its patrons. The restaurant serves a variety of dishes that range from Tamen soups to fried rice. Gu Ramen intends to provide a dining experience with fresh ingredients to locals and visitors. With no tenant improvements and expansion proposed at this time, the restaurant will have a maximum occupancy of 37 patrons. No outdoor business activities are proposed at this time. Project, Analysis Conditional use permit requests are governed by Section 41-638 of the SAMC. Conditional use permits 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. Staff has prepared the following analysis, which in turn forms the basis for the recommendation contained in this report. 31 F-4 CUP Nos. 2016-42 & 2016-43 November 28, 2016 Page 3 On -Premise Alcoholic Beverage Sales CUP The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures, and to minimize impacts to surrounding areas. Staff has reviewed the applicant's request to sell alcoholic beverages for on -premise consumption. Since the proposed use is intended to provide an added amenity to the restaurant, and the sale of alcoholic beverages will be ancillary to the primary use as an eating establishment, staff recommends approval of the proposed CUP. The proposed sale of alcoholic beverages for on premise consumption will not be detrimental to the health, safety; and welfare of the community. Gu Ramen is an established restaurant business with a history of service to the community and visitors of the City. The existing eating establishment and proposed alcoholic beverage service will enhance the economic viability of the area and create a more attractive dining opportunity for visitors and residents in the community. Moreover; the proposed CUP will be in compliance with all regulations, including alcohol storage and display area, standards as set forth in Section 41-196(c) of the SAMC. Further the site will be in compliance with all the operational standards set forth in Section 41-196(g) of the SAMC, which govern the on -premises sale of alcoholic beverages (Exhibit 5), After -Hours Operations CUP The proposed after-hours conditional use permit will allow the proposed restaurant to remain open past 12.00 a.m. until 2:00 a.m. Gu Ramen is located in Downtown Santa Ana surrounded by offices, retail stores, and similar full service restaurants. Conditions of approval have been placed upon the use that will minimize the possibility for any potential noise or safety impacts typically associated with after-hours operations. Finally, because no outdoor seating is proposed at the location, all business activity will be contained within the building, mitigating any noise impacts to surrounding land uses. The proposed CUP's will be consistent with several goals and policies of the General Plan, including Goal 2 of the Land Use Element, which encourages land uses that enhance the City's economic and fiscal viability. Gu Ramen proposes to provide an additional amenity as part of the restaurant operations by serving alcoholic beverages to guests and residents of the City. 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 31 F-5 CUP Nos. 2016-42 & 2016-43 November 28, 2016 Page 4 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 has reviewed the application and has noted that the restaurant is located within Reporting 'District No. 1$5. This reporting district is higher than the average number of reported crimes In all reporting districts. The Police Department contends that the operational standards applicable to on -..premise alcoholic beverages sales will mitigate any potential impacts to the surrounding community. Moreover, the proposed conditional use permit will also be consistent with similar restaurants in the area that sell alcoholic beverages for on -premise consumption that remain open past 12;00 a.m. Therefore, the Santa Ana Police Department does not oppose the granting of a CUP to this business, Public Notification The project is located within the boundaries of the Downtown Neighborhood Association. Staff contacted the president of the Downtown Neighborhood Association to ensure that she was notified of this project and to Identify any areas of concern. The representative had no further comments regarding the proposed CUP at the time the staff report was prepared. The project site was also posted with a notice advertising. this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. No comments have been received as of the date of printing of this report. CEQA Complianoe In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA 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 alcoholic beverage at a full-service restaurant within an existing structure. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use. Categorical Exemption Environmental Review No. 2016-149 will be filed for this project. Strateaic Plan Allonment 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). 31 F-6 CUP Nos. 2016-42 & 2016-43 November 28, 2016 Page 5 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2016-42 and Conditional Use Permit No. 2016-43 as conditioned. >� Escarlet Mar Planning Technician EM:jm MAProjects\CUP16-42W Gu Ramen.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan & Floor Plan Exhibit 5 — Operational Standards for On -Sale Establishments 31 F-7 Tmv�r+ sr. w � (� rpp5 e sr -a 1 .NLS' I R3-i[llt NlR3- Ra q �ua 11 mie SW3 ISp.3. tll NPO GC 11 _ ■0 CL �= ■ r E vum � P r p SPtlI . P sUan Al G5W ACACJLTURALf -B FARNNGMODIRCAMON GSA OWMEGALSOMMAIN C1 O_MMUNITYMMMS:IAL CI&D CCWCOMMF%7AUMUMM DISHCF C2 GINGRALMNMBUAL ca MMLIAMES3 0-A C5fTM 9IJSNErAPoISFMLAGE G R.ANNE)WORNNG.CBNM rb ART RALaMNMEFCAL I5p R Rl- • zu Ra- lue y�, {sm SP -3 ni d 'S2 RR SP:e SP3 SP -3 hy; P5P-J 11 SP -3 l UC U p D1' e su-z Mli SP.3 CR C<MAMOUALSIMI) NHAL w cn m1M9NFCOm Mt UC44TINDUSML M2 HCVYINDLPURAL M° MI°TAWOFMATIONS O Op GwA(X P FidJF nwI' FCA PANNE)MMMUNITYmei"ENT FM RANN®FODDITIALOE/H.OFMWT r--ir—I r m SNG.BFAMILYFENDHNTIAL m WOFAMILYFEIOBNCE W MULTIFL MSTYMIJUIPLE FAMILYFE90E NCE pA 9JBUFRANAiNRUMIS (s rOMTALESWE 8� ssR°F,AN CUP 2016-42 & CUP 2016-43 GU RAMEN ON -SALE ABC AND AFTER HOURS G� 304 NORTH MAIN STREET -=BDD F&T "= 400FEET EXHIBIT 1 VICINITY MAP 31 F-8 4TH COMMERCIAL C D M M E R " I A L 3RD 2ND Wilu�1 STREET STREET IC 0 M I R C I A L C O M M E R C I A L STREET CUP 2016-42 & CUP 2016-43 GU RAMEN ON -SALES ABC AND AFTER HOURS 304 NORTH MAIN STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 F-9 r Ln u Lu s 0 Q v 2ND Wilu�1 STREET STREET IC 0 M I R C I A L C O M M E R C I A L STREET CUP 2016-42 & CUP 2016-43 GU RAMEN ON -SALES ABC AND AFTER HOURS 304 NORTH MAIN STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 F-9 CUP 2016-42 & CUP 2016-43 GU RAMEN ON -SALE ABC AND AFTER-HOURS 304 NORTH MAIN STREET SITE PHOTO EXHIBIT 3 31 F-10 , .rm EXHIBIT ![ , \ 2 ) || }{}!! | .|I;l;] , .rm EXHIBIT 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:OO 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. 7. 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 31 F-12 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. 18. 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 31 F-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 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, 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 limitipotential 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 31F-14 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as park 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 31 F-15 LS 11.28.16 RESOLUTION NO. 2016-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016-42 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION AND CONDITIONAL USE PERMIT NO. 2016-43, AS CONDITIONED, TO ALLOW AFTER HOURS OPERATION AT GU RAMEN RESTAURANT LOCATED AT 304 NORTH MAIN 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 Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2016-42 to allow the sale of alcoholic beverages for on -premise consumption and Conditional Use Permit No. 2016-43 for after-hours operation for the property located at 340 North Main Street. B. Santa Ana Municipal Code Section 41-2007(a) requires a conditional use permit for the sale of alcoholic beverages for on-site consumption that is ancillary to the primary restaurant use. C. Santa Ana Municipal Code Section 41-2007(a) requires a conditional use permit to allow any business to operate between the hours of 12:00 a.m. and 7:00 a.m. D. On November 28, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-42 and Conditional Use Permit No. 2016-43. E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, have been established for Conditional Use Permit No. 2016-42 to allow for sale of alcoholic beverages for on -premise consumption: 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The proposed sale of alcoholic beverage for on -premise consumption at this location will provide an ancillary service Resolution No. 2016-46 Page 1 of 7 31 F-16 to the restaurant's customers by allowing them the ability to purchase a variety of alcoholic beverages with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed sale of alcoholic beverage for on -premise consumption at this location will not be detrimental to persons residing or working in the vicinity because operational standards applicable to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. This is primarily a restaurant use and the addition of alcohol will be ancillary to the main use. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment and will occur within the premises. 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 nearby restaurants that also offer a full selection of alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow Gu Ramen, a locally owned restaurant, to remain economically viable and compete with nearby full-service restaurants in the vicinity and contributes to the overall success of the City of Santa Ana. 4. That the proposed use shall 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 alcoholic beverages for on -premise consumption pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a full- service, bona -fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than five (5%) percent of the Resolution No. 2016-46 Page 2 of 7 31 F-17 gross floor area for the display and storage of alcoholic beverages, which is the maximum threshold established by the Santa Ana Municipal Code. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The proposed sale of alcoholic beverage for on -premise consumption at this location 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. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Gu Ramen will be located in the City's Downtown area and its operation will be compatible with the surrounding businesses. F. 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. 2016-43, as conditioned, to allow for 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 the community. The proposed after-hours operations will provide an ancillary service to individuals that wish to have a late night meal. This will thereby benefit the community by providing a food - related amenity offering service past 12:00 midnight, which is consistent with that of other restaurants in the Downtown area. Conditions have been placed on this operation to mitigate any potential problems created by the after-hours operation to ensure that service past 12:00 midnight will not negatively impact the surrounding community, such as requiring the establishment to maintain a complete food menu past midnight, disallowing outdoor restaurant activity, and limiting amplified sound to within the building. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. Resolution No. 2016-46 Page 3 of 7 31 F-18 The proposed after-hours operations will not be detrimental to those living or working in the area because conditions have been placed to mitigate any negative impacts on the community. These conditions are consistent with other eating establishments that have similar hours of operation and similar operational conditions. The after -hour conditions limit operations to indoor activities after the midnight hour, therefore mitigating any outside ambient noise, as well as limiting the amplified sound within the building. 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 nearby restaurants that also offer extended business hours of operation to their guests and other visitors. Moreover, the offering of after-hours will allow Gu Ramen, an existing locally -owned restaurant, to remain economically viable and compete with nearby full-service restaurants in the vicinity and contributes to the overall success of the City of Santa Ana. 4. That the proposed use shall 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 an eating establishment operating after-hours pursuant to Chapter 41 of the Santa Ana Municipal Code and the Transit Zoning Code (SD84) zoning provisions. The establishment will contain the necessary equipment to qualify as an eating establishment, and operational standards applicable to the proposed after-hours that will prevent or mitigate any impacts from the restaurant onto adjacent properties. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full-service restaurants with extended hours of operation offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Gu Ramen Restaurant Resolution No. 2016-46 Page 4 of 7 31 F-19 is located in the Downtown and its operations will be compatible with the surrounding commercial businesses. G. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA 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 alcoholic beverages at a full-service restaurant within an existing structure and after-hours operation. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use and that no expansion of square footage is proposed. Categorical Exemption Environmental Review No. 2016-149 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. 2016-42 and Conditional Use Permit No. 2016-43, 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 November 28, 2016, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28`" day of November, 2016 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, McLoughlin, Mendoza, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Resolution No. 2016-46 Page 5 of 7 31 F-20 Lynnette Verino 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. 2016-46 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 28, 2016. Date: Acting Recording Secretary City of Santa Ana 31 F-21 Resolution No. 2016-46 Page 6 of 7 EXHIBIT A Conditions for Approval Conditional Use Permit No. 2016-43 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. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. 2. There will be no outdoor restaurant activity. 3. Any and all existing or new lighting on the building's exterior must be maintained in good working order. 4. All exterior lighting will be directed towards the restaurant and/or sidewalk and not towards other properties. 5. There shall be no amplified sound used outside the building. 6. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. Resolution No. 2016-46 Page 7 of 7 31 F-22