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HomeMy WebLinkAboutRESO 2017-37_305 E 4TH STREETLS 11.13.17 RESOLUTION NO. 2017-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING MODIFICATION TO CONDITIONAL USE PERMIT NO. 2016-05 AS CONDITIONED TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION AT KIYOMIZU RESTAURANT LOCATED AT 305 EAST FOURTH STREET, SUITES 104 AND 105 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. On April 11, 2016, the Planning Commission approved Conditional Use Permit (CUP) 2016-05 and CUP 2016-15 for a Type 41 alcoholic beverage control license allowing the sale and on -premise consumption of beer and wine and for the afterhours operations at Kiyomizu restaurant located at 305 E. Fourth Street, Suite 105. B. Leonard Chan ("Applicant'), representing East End Realty Partners LP., is requesting approval of modification to Conditional Use Permit No. 2016-05 to allow the sale of beer, wine and distilled spirits, for on -premise consumption for the property located at 305 East Fourth Street, in both Suites 104 and 105. C. Santa Ana Municipal Code Section 41-196 requires approval of a conditional use permit for establishments wishing to sell alcohol for on- or off -premise consumption. D. On November 13, 2017, the Planning Commission held a duly noticed public hearing on modification to Conditional Use Permit No. 2016-05. 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 modification to Conditional Use Permit No. 2016-05 to allow the 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 community. Resolution No. 2017-37 Page 1 of 6 The proposed sale of distilled spirits with the current beer and wine 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 meal. This will thereby benefit the community by providing a restaurant with an additional and complementary food related amenity. Conditions of approval and operational standards apply 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 sale of distilled spirits, in addition to beer and wine, for on -premise consumption at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because conditions of approval and operational standards applicable to the alcoholic beverage control license will address any potential negative or adverse impacts created by the use. Kiyomizu is primarily a restaurant use and the addition of alcohol will be ancillary and to the main use ensuring that the establishment operates as a bona -fide restaurant. All of the c operational standards identified in SAMC 41-196 will apply to this establishment. 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 offer a full selection of alcoholic beverages for sale to their customers. Moreover, the offering of alcoholic beverages will allow Kiyomizu restaurant to remain economically viable and compete with nearby full-service restaurants in the local vicinity and contributes to the overall success of the City of Santa Ana and its downtown area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. Resolution No. 2017-37 Page 2 of 6 The proposed alcohol beverage control license and conditional use permit will be in compliance with all applicable regulations and operational standards imposed on a restaurant selling alcoholic beverages for on -premise consumption pursuant to Chapter 41 of the SAMC. The facility will be maintained as a full-service, bona -fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods. Additionally, the restaurant will utilize less than five (5%) percent of the gross floor area for display and storage of alcoholic beverages, 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 sale of alcoholic beverages 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 provide alcoholic beverages as part of their menu offers additional dining options for Santa Ana residents and visitors. Furthermore, 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. Kiyomizu is located in downtown Santa Ana and its operation is compatible with the surrounding commercial businesses. Section 2. 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 and conduct minor interior alterations to an existing building. There is no reasonable possibility that the project will have a significant effect on the environment due to the Resolution No. 2017-37 Page 3 of 6 facility having the necessary infrastructure to operate the proposed use and no new expansion of the existing building is proposed. Section 3. 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 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves modification to Conditional Use Permit No. 2016-05 as conditioned in Exhibit "A" attached hereto and incorporated herein for the project located at 305 East Fourth Street, Suites 104 and 105. 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 13, 2017, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 13" day of November, 2017. AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS-LEO, MCLOUGHLIN, MENDOZA, NGUYEN (6) NOES: Commissioners: ABSENT: Commissioners: VERINO (1) ABSTENTIONS: Commissioners: MakVcLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney Resolution No. 2017-37 Page 4 of 6 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2017-37 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 13, 2017. Date: u-e— Commission Secretary City of Santa Ana Resolution No. 2017-37 Page 5 of 6 EXHIBIT A Conditions for Approval for Modification to Conditional Use Permit No. 2016-05 Modification to Conditional Use Permit No. 2016-05 for a restaurant located at 305 East Fourth Street, Suites 104 and 105 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 sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 2:00 a.m. unless otherwise amended by the granting of a conditional use permit for after-hours operations and shall operate in accordance to the operational standards for on -sale establishments pursuant to Section 41-196(g) of the SAMC. 2. All activities shall be conducted inside the building. In the event the applicant wishes to provide outdoor dining, the applicant shall submit plans to the Planning Division for review after which the Planning Manager will determine if administrative relief is available or if the project must be reviewed by the Planning Commission to properly consider safety, health, and use adjacency issues. 3. Prior to exercising the rights of this permit, the applicant shall submit tenant improvement plans to the Planning Commission for review and approval. Resolution No. 2017-37 Page 6 of 6