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Home My WebLink About31A - CONDITIONAL USE PERMIT NO. 2017-10 AT DO LUNCH DELI RESTAURANTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: RECEIVE AND FILE STAFF REPORT APPROVING CONDITIONAL USE PERMIT NO. 2017-10 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON - PREMISE CONSUMPTION AT DO LUNCH DELI RESTAURANT LOCATED AT 901 WEST CIVIC CENTER DRIVE, UNIT 150 - BRIAN C. DOYLE, APPLICANT (STRATEGIC PLAN NO. 3,2) �c CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ITJ7ti1Wk ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� 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. 2017-10. PLANNING COMMISSION ACTION At its regular meeting on May 22, 2017, by a vote of 7:7 the Planning Commission adopted a resolution approving Conditional Use Permit No. 2017-10 which approved the sale of alcoholic beverages for on -premise consumption at the Do Lunch Deli Restaurant at 901 West Civic Center Drive, Unit 105 located in the Specific Development (SD -20) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION The applicant 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 901 West Civic Center Drive, Unit 150. The proposed alcoholic beverages will be stored on a rack adjacent to 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 display area for alcoholic beverages and no construction or expansions of square footage are proposed at this time. Full-sized site plans are available for public viewing in the Clerk of the Council Office. 31A-1 Conditional Use Permit No. 2017-10 — Do Lunch Deli Restaurant at 901 West Civic Center Drive, Unit 150 June 20, 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 MADiscretionary ProjectsXCUP17-10 Do Lunch Deli.cc Exhibit: A. Planning Commission Staff Report 31A-2 REQUESTF w. O ` MAY 22, 2017 TITLE: PUBLIC HEARING — CONDITIONAL USE PERMIT NO. 2017-10 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION AT DO LUNCH DELI RESTAURANT LOCATED AT 901 WEST CIVIC CENTER DRIVE, UNIT 150 — BRIAN C. DOYLE, APPLICANT (STRATEGIC PLAN NO. 3, 2) Prepared by Escarlet Mar PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommendeci ❑ As Amended ❑ Set Public Hearing For DENIED Zoning Designation ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Exe� ive Director Planning Man ger Adopt a resolution approving Conditional Use Permit No. 2017-10. Executive Summary Brian C. Doyle, owner of Do Lunch Deli 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 901 West Civic Center Drive, Unit 150. 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: Project and Location Information item informatibn Project Address 901 West Civic Center Drive, Unit 150 Nearest Intersection Flower Street and Civic Center Drive General Pian Designation Professional & Administrative Office (PAO) Zoning Designation Specific Development No, 20 SD -20 Surrounding Land Uses North Single -Family Residential East Commercial Professional offices South Santa Ana Stadium West Parking Structure Proper I Size 2 acres Existing Site Development The site contains one standalone commercial building and a parking structure Use Permissions Restaurant use is allowed by right; alcohol sales are allowed with approval of a CUP EXHIBIT A 31A-3 Conditional Use Permit No. 2017-10 May 22, 2017 Page 2 (t'Int`' Infarrn tibn zoning Code Sections Affected Uses SD -20, § 3. Operational Standards SAMC § 41-196 (g) Project Description The proposed alcoholic beverages will be stored on a rack adjacent to 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 display area for alcoholic beverages and no construction or expansions of square footage are proposed at this time. Table 2: Operational Standards Standards, ;Re uired by,SAMC Provided Eatin Establishment T e Bona -Fide Complies Hours of Operation for ABC Sales 8:00 am to 12:00 am 10:00 am to 8:00 pm Dail Window Displace 25% of Window Coverage Complies Live Entertainment Entertainment Permit No Entertainment Proposed Alcohol Stora eand Display 5% of G.F.A. 0.004 % of G.F.A. Exterior Telephone Prohibited None Project Background The subject site, constructed in 1986, contains a multi -tenant office building and a multilevel parking structure. Do Lunch Deli, which opened at the subject location in 2016, serves sandwiches and is located within close proximity to the Civic Center and the Santa Ana Stadium. In 2015, the restaurant owner began construction to reopen Unit 150 as an eating establishment; a prior eating establishment operated in the same unit between 1992 and 2000. As an ancillary component to its food sales, Do Lunch Deli is proposing to sell beer and wine through a Type 41 Alcoholic Beverage Control (ABC) license, With no tenant improvements or expansion proposed at this time, the restaurant will continue to have a maximum occupancy of 125 patrons. Project Analysis CUP requests are governed by § 41-638 of the Santa Ana Municipal Code (SAMC), CUPS 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. 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 31A-4 Conditional Use Permit No. 2017-10 May 22, 2017 Page 3 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. Do Lunch Deli 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 sale of alcoholic beverages with food will provide a one-stop dining experience for those attending events at the Santa Ana Stadium. 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. Do Lunch Deli 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. 144; ranked 48 out of 103 Police Re 46'h Reporting Grids ( 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 CUP 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 § 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control. 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 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 Department of Alcohol Beverage Control and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater 31A-5 Conditional Use Permit No. 2017-10 May 22, 2017 Page 4 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 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 Alignment Goal(s) and Approval of this item supports the City's efforts to meet Goal #3 (Economic Policy(s) Development) Objective #2 of creating new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies. Public Notification & Communit" Outreach Required Measures A public noticed was posted on the project site on May 12, 2017, Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on May 12, 2017. Newspaper posting was published in the Orange County Reporter on May 12, 2017. The Washington Square Neighborhood Association was contacted by phone 10 Additional Measures days prior to the scheduled public hearing. At the time this report was printed, no issues of concern were raised regarding this application. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2017-10. Escarlet Mar Planning Technician EM:sb W01scretlonary Projecls=P-2017-10-ABC (Do Lunch Deli) Exhibits: 1, General Vicinity Map 2. Existing Land Use Map 3. Site Photo 4. Site Plan 5. Floor Plan 6. 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A N N I N G A 7-6---B U I —L--Y—T- N G ----A » A G E N G Y _ VICINITY MAP EXHIBIT 1 31A-7 CUP 2017-10 DO LUNCH DELI ON -SALE ABC ` 901 WEST CIVIC CENTER DRIVE, UNIT 150 P L A N N I N G A N D 8 U L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-8 E- w > - w Lu W n w W J v w - Z W LD a } z a - w- P 0 F E 5 StCNAL � d � � a J J N W w w a 0 r F' J i P v) PE C DE EL PMENT � CIVIC CENTER DRIVE SPECIFIC DEV L0PMENT w GOVERNMENT CENTER 0 w 6TH STREET CUP 2017-10 DO LUNCH DELI ON -SALE ABC ` 901 WEST CIVIC CENTER DRIVE, UNIT 150 P L A N N I N G A N D 8 U L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-8 CUP 2017-10 DO LUNCH DELI ON -SALE ABC 901 WEST CIVIC CENTER DRIVE, UNIT 150 SITE PHOTO EXHIBIT 3 31A-9 cul NOI1N3/>a31N1 si a, aci za_va Need 3115 't s ui — 1l NOISdO I'13a HONfPI as � � t� w � 41 i 31Aft6 . .... .. . . . . .... . . .. min lxo Da 1& 0 a o EXHIBIT 5 H 7J LS 5.22.17 RESOLUTION NO. 2017-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-10 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION AT DO LUNCH DELI RESTAURANT LOCATED AT 901 WEST CIVIC CENTER, UNIT 150 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. 2017-10 to allow the sale of alcoholic beverages for on -premise consumption for the property located at 901 West Civic Center, Unit 150. 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 May 22, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017-10. 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 Section 41-638, have been established for Conditional Use Permit No. 2017-10 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. EXHIBIT 6 Resolution No. 2017-20 Page 1 of 4 31A-12 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 beverages 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 beer and wine for sale to their guests and provide a one-stop dining experience to its visitors, especially those visiting the Santa Ana Stadium and Civic Center. Moreover, the offering of alcoholic beverages will allow Do Lunch Deli, 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/or storage of alcoholic beverages, which is the maximum threshold established by the Santa Ana Municipal Code. Resolution No. 2017-20 Page 2 of 4 31A-13 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. Do Lunch Deli is located in a commercial building and its operation is 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. 2017-31 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. 2017-10. 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 May 22, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2017-20 Page 3 of 4 31A-14 ADOPTED this 22"d day of May, 2017 by the following vote: AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS-LEO, MCLOUGHLIN, MENDOZA, NGUYEN, VERINO (7) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Lynnette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2017-20 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 22, 2017. Date: Recording Secretary City of Santa Ana 31A-15 Resolution No. 2017-20 Page 4 of 4 31A-16