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Item 54 - Commission Decision Regarding Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License
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Item 54 - Commission Decision Regarding Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License
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Agenda Packet
Agency
Clerk of the Council
Item #
54
Date
6/6/2023
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<br />the immediate vicinity of the business. <br />8. <br />9. <br />The applicant shall be responsible for monitoring both patron and employee conduct on <br />the premises and within the parking areas under his/her control to assure such conduct <br />does not adversely affect or detract from the quality of life for adjoining residents, property <br />owners, and businesses. <br />At least one on-duty manager with authority over the activities within the facility shall be <br />on the premises during business hours. The on-duty manager’s contact information shall <br />be posted in a conspicuous location at the restaurant’s front entry. The on-duty <br />manager’s responsibilities shall include the monitoring of the premises to ensure <br />compliance with all applicable State laws, Municipal Code requirements and the <br />conditions imposed by ABC and the conditional use herein. Every effort shall be <br />undertaken in managing the subject premises and the facility to discourage illegal and <br />criminal activities and any exterior area over which the building owner exercises control. <br />10. <br />11. <br />The applicant shall maintain the site as necessary, including but not limited to: the repair <br />and upkeep of the property; cleanup of trash and debris; repair and upkeep of any <br />damaged and/or weathered components of the building; repair and upkeep of exterior <br />paint; parking striping, lighting and irrigation fixtures; landscaping and related landscape, <br />furnishing, and hardscape improvements. <br />Prior to the release of this resolution, a Property Maintenance Agreement shall be <br />recorded against the property. The agreement will be subject to review and applicability <br />by the Planning and Building Agency, the CommunityDevelopment Agency, the Public <br />Works Agency, and the City Attorney to ensure that the property and all improvements <br />located thereupon are properly maintained. Applicant (and the owner of the property <br />upon which the authorized use and/or authorized improvements are located if different <br />from the Applicant) shall execute a maintenance agreement with the City of Santa Ana <br />which shall be recorded against the property and which shall be in a form reasonably <br />satisfactory to the City Attorney. The maintenance agreement shall contain covenants, <br />conditions and restrictions relating to the following: <br />a.Compliance with operational conditions applicable during any period(s) of <br />construction or major repair (e.g., proper screening and securing of the <br />construction site; implementation of proper erosion control, dust control and noise <br />mitigation measure; adherence to approved project phasing etc.); <br />b.Compliance with ongoing operational conditions, requirements andrestrictions, as <br />applicable (including but not limited to hours of operation, security requirements, <br />the proper storage and disposal of trash and debris, enforcement of the parking <br />management plan, and/or restrictions on certain uses); <br />c. <br />d. <br />Ongoing compliance with approved design and construction parameters, signage <br />parameters and restrictions as well as landscape designs, as applicable: <br />Ongoing maintenance, repair and upkeep of the property and all improvements <br />located thereupon (including but not limited to controls on the proliferation of trash <br />and debris on or about the property; the proper and timely removal of graffiti; the <br />Resolution No. 2023-XXXX <br />Page 7 of 8
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