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Home My WebLink About31C - CUP - 2757 N GRAND AVEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 4, 2017 TITLE: CONDITIONAL USE PERMIT NO, 2017 -08 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT BUCCANEER PIZZA RESTAURANT LOCATED AT 2757 NORTH GRAND AVENUE - GREGG HANOUR, APPLICANT (STRATEGIC PLAN NO. 3,2) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" 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. 2017 -08. PLANNING COMMISSION ACTION At its regular meeting on March 13, 2017, by a vote of 6:0 (Commissioner Mendoza absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2017 -08 which approved the sale of alcoholic beverages for on- premise consumption at Buccaneer Pizza Restaurant at 2757 North Grand Avenue located in the Arterial Commercial (C -5) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Gregg Hanour, representing Buccaneer Pizza 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. The subject site is approximately 51,774 square feet and contains three standalone buildings. The restaurant is located within one of the buildings and is currently occupying 2,000 square feet of an existing tenant space, and has done so since 2006. The restaurant is family - friendly and welcomes all age groups and offers a variety of hand - tossed pizzas and pastas for its clients. As an ancillary component to its food sales, Buccaneer Pizza is proposing to sell beer and wine through a Type 41 Alcoholic Beverage Control license (ABC). With no tenant improvements or expansion proposed at this time, the restaurant will continue to have a maximum occupancy of 48 patrons. The proposed alcoholic beverages will be stored within a walk -in cooler at the back of the restaurant within the kitchen area and 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. 31 C -1 Conditional Use Permit No. 2017 -08 — Buccaneer Pizza Restaurant at 2757 North Grand Avenue April 4, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City'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). FISCAL IMPACT There is no fiscal impact associated with this action. Hassan Haghani, AICP Executive Director Planning & Building Agency EM:rb M:0 iscretionaryProjects \C U P-201 7-8- RST. cc Exhibit: A. Planning Commission Staff Report 31 C -2 REQUEST FOR PLANNING COMMISSION MEETING DATE: MARCH 13, 2017 TITLE: PUBLIC HEARING — FILED BY GREGG HANOUR FOR CONDITIONAL.USE PERMIT NO. 2017 -08 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT BUCCANEER PIZZA RESTAURANT LOCATED AT 2757 NORTH GRAND AVENUE (STRATEGIC PLAN NO. 3,2) Prepared by Escarlet Mar ecutiv hector PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED Zoning Designation • Applicant's Request • Staff Recommendation CONTINUED TO RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2017 -08. Executive Summary v Fee Gregg Hanour, representing Buccaneer Pizza 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 2757 North Grand Avenue. Staff is recommending approval of the applicant's request due to the site's location away from sensitive land uses and the restaurant's history of compliance with the City codes and regulations that require it to operate as a bona -fide eating establishment. Table 1: Prolect and Location Information Item I Information Project Address 2757 North Grand Avenue Nearest Intersection_ Grand Avenue and the Garden Grove SR-22) Freewa General Plan Designation General Commercial (GC) Zoning Designation Arterial Commercial C -5) Surrounding Land Uses v --P-r—opeCy North Garden Grove SR -22 Freeway East School Facility South Commercial West Commercial Size 3.34 acres Existing Site Development The site contains three standalone buildings with approximately 51,774 square feet of retail, eating establishment and service uses; including the subject 2,000 square-foot restaurant. Use Permissions Restaurant use is allowed by right; alcohol sales are allowed with approval of conditional use permit (CUP) Zoning Code Sections Affected _______��__�_ ___ Uses Section 41 -196 & 41 -424 SAMC Operational Standards � Section 41 -196�g SAMC __ _ EXHIBI31 C -3 Conditional Use Permit No. 2017 -08 March 13, 2017 Page 2 Project Description Buccaneer Pizza is a full - service, bona -fide eating establishment that does not currently sell any alcoholic beverages. The proposed alcoholic beverages will be stored within a walk -in cooler at the back of the restaurant within the kitchen area and will consist of less than five percent of the floor area. No construction or expansion of square footage is proposed at this time. Table 2: Operational Standards Standards Required by SAMC Proyjded _ Eatin Establishment Type Bona -Fide Complies Hours of Operation for ABC Sales 8:00 am to 12:00 am 11:00 am to 9:00 pm Sunday - Thursday 11:00 am to 10:00 pm Frida - Saturda Window Display_ 25% of Window Covera e Complies Live Entertainment Entertainment Permit No Entertainment Proposed Alcohol Storage and Display 5 % of G.F.A. 0.675 % of G.F.A. _ Exterior Telephone Prohibited None larlv= The subject site, Bishop Village, is a multi -unit commercial center constructed in 1976. The center contains a mix of commercial uses, including Buccaneer Pizza, and is anchored by Big Lots. Buccaneer Pizza, which opened at the subject location in 2006, is known for its freshly prepared custom made to order pizzas. The restaurant is family - friendly and welcomes all age groups and offers a variety of hand - tossed pizzas and pastas for its clients. As an ancillary component to its food sales, Buccaneer Pizza is proposing to sell beer and wine through a Type 41 Alcoholic Beverage Control license (ABC). With no tenant improvements or expansion proposed at this time, the restaurant will continue to have a maximum occupancy of 48 patrons. 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 C -4 Conditional Use Permit No. 2017 -08 March 13, 2017 Page 3 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 obtain the on -sale beer and wine license. Since the proposed alcohol license 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. Buccaneer Pizza 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. The restaurant is located away from sensitive land uses such as residences, schools, and parks, and is in compliance with all applicable regulations and conditions imposed on an established bona fide public eating establishment pursuant to Chapter 41 of the SAMC. Finally, the proposed CUP 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. Buccaneer Pizza proposes to provide an additional amenity as part of the restaurant operations by serving alcoholic beverages to guests and residents of the City. Table 3: Police Department Analysis and Criteria for Recommendation Police Department Analysis and Criteria for Recommendation Police Grid No. and Rank Police Grid No. 221; ranked 97 out of 102 Police Re Reporting k p 9 Grids (93t" `" percentile) Threshold for High This reporting district is below the 20 percent threshold established by the State Crime for high crime Police Department The Police Department contends that the operational standards applicable to on- Recommendation premise ABC licenses will mitigate any potential impacts to the surrounding community and therefore does not oppose the granting of a CUP. 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. 31 C -5 Conditional Use Permit No. 2017 -08 March 13, 2017 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 the 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. Table 4: CEQA. Strategic Plan Alignment and Public Notification & Community Outreach CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach CEQA CEQA Type General Rule Section 15061 (b) (3)] Reason(s) This exemption applies to projects where it can be seen with certainty that there is Exempt or Analysis no possibility that the activity in question may have a significant effect on the environment. This is an existing eating establishment and no alterations are being proposed at this time. Strategic Plan.Atignment _ Goal(s) and Approval of this item supports the City's efforts to meet Goal No.3 (Economic Policy(s) Development) Objective No. 2 of creating new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies. _ Public Notification & Community Outreach Required Measures A public noticed was posted on the project site on March 3, 2017. Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on March 3, 2017. Newspaper posting was published in the Orange County Reporter on March 3, 2017. The Fairhaven, Fairbridge Square and Young Square neighborhood associations Additional Measures were contacted by phone 10 days prior to the scheduled public hearing. At the time this report was printed, no issues of concern were raised regarding this application. Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2017 -08. Escarlet Mar Planning Technician EM:jm M:1DiscretionaryProjects \CUP - 2017- 8- RST.pc. 31 C -6 Conditional Use Permit No. 2017 -08 March 13, 2017 Page 5 Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Existing Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31 C -7 City at 0,un9 R4 GS .. ' w.nl r.m FAIR AVE to C1 a _0.AI I l__ —_—I nan ` n' P JECT SITE i — � r m'i 3 d 11 d 11 C5 14,: a.nm 7Q p ro.Al II Ii II li AI A rzro P ✓t I�iI At nl A z , - -:�� _ U I A7 „m FCS C5 ARIM,, R1 ii t AI IRI I At 11 II II II �A� -; At Al R' Rl R1 R t�� enmaxm <o-AI nn° _ A7 R1 RI 1[il CA 5D -)s C1a. nra- -i nr —i SEVENTEENTH RI At � RI C5 Ri LRI x R AI R1 Al At Rl 0 tA A C4 i_fn7i f Ai _ vnauo CS C1 11 A3s P P C, k s 4M.1 ST. Al ( EWLAGPoCULTUPALT CR 03MMERTALTESOBJAAL RI ONGLEFAMIURESManAL -8 Fi>f3RNGbIMMA110N GC G0VEN'MENTCEl ITW R2 MOFAMILYFM5gCE GSA MMMMALSOUIHMAIN Mt UGin'INDUSIAAL m MULTIP.EOEISNMULTFLE Cl 00MMMYCOMM50AL M2 MEAWINDUSTRAL FAMILYRESIMCE OI MD OOMM. COMMERICKuMUm1M DISTACT MO MIUTAWOPE2A70NS PA MUREANAR\RTIVIMS C2 GENE ODMMEFUAL 0 0RM SPACE It F93M IALS7ATE C3 CENTRALE(BNM P PROFESSIONAL ED SPEOPCOEVE.ORNFTIT CM CMIRALEMNES' AROSrMUAa FCO RANN®C0MMUNITY0EL0PM dT S' SMRCPAN C4 PLANNE0S1 PANGCG1TM PRE) RANNE)RiSOMAL)F OWElff CS ARMALCOMMEMAL CUP 2017 -08 BUCCANEER PIZZA ON —SALE ABC — 2757 NORTH GRAND AVENUE - =500 FEET T' = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 CUP 2017 -08 BUCCANEER PIZZA ON -SALE ABC; 2757 NORTH GRAND AVENUE P I. A N N I N G A N D B p L D N G A G E N C Y LAND USE MAP EXHIBIT 2 31 C -9 Adlaw JJIleT G R A N D N. A V E . EXHIBIT 4 210.11 ! � \. r \!f \r!! \(, §} V" A, �} ; G R A N D N. A V E . EXHIBIT 4 210.11 V" A, G R A N D N. A V E . EXHIBIT 4 210.11 I' s 3 s w 4 V i dC w _ , N it m Ty W2 p r - i x 00 tom d o w o Z2. Fi, F,� -�i; — o.. U c EXHIBIT 5 31 C -12 ,,, <a.uweea Nar 33NY11tl91tlV'VWOS � 3 � n } .% q�q N .9 unid Laauennng ma..•a _ .w'�ih..a I' s 3 s w 4 V i dC w _ , N it m Ty W2 p r - i x 00 tom d o w o Z2. Fi, F,� -�i; — o.. U c EXHIBIT 5 31 C -12 LS 3.13.17 RESOLUTION NO. 2017 -07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017 -08 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT BUCCANEER PIZZA RESTAURANT LOCATED AT 2757 NORTH GRAND AVENUE 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. 2017 -08 to allow the sale of alcoholic beverages for on- premise consumption for the property located at 2757 North Grand Avenue. 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 March 13, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017 -08. 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. 2017 -08 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 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. Resolution No. 2017 -07 31 C -1 3 Page 1 of 4 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. Moreover, the restaurant's location away from sensitive land uses reduces any potential impacts to others in the immediate vicinity. 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 Buccaneer Pizza, 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 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. Resolution No. 2017 -07 31C-14 Page 2 of 4 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. Buccaneer Pizza will be located in a commercial area and its operation will be compatible with the surrounding commercial businesses. E. 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. It has been found by the City that the use will not create any adverse impacts such as noise, traffic, or safety concerns. The cumulative impact of this project will not be significant as the use will be complementary with the nearby commercial uses in the area. 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. 2017 -10 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. 2017 -08. 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 March 13, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2017 -07 31 C -1 5 Page 3 of 4 ADOPTED this 13th day of March, 2017 by the following vote: AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS -LEO, MCLOUGHLIN, NGUYEN, VERINO (6) NOES ABSENT: ABSTENTIONS Commissioners: Commissioners: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney MENDOZA (1) Lynnette Verino Chairperson CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2017 -07 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 13, 2017. Date: Recording Secretary City of Santa Ana 31 C -16 Resolution No. 2017 -07 Page 4 of 4