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SAPID Officer Yolanda Pena commented on enforcement measures by the Police <br />Department regarding monitoring of the quarterly gross sales, including the review of <br />sales receipts, State mandated security guards, and review of the conditional use <br />permits compliance as well as the dance constraints. <br />No written communications were received. <br />• The public hearing was opened. <br />Public speakers in support of the project: Carlos Madriles, Raul Yanez, Irving Chase, <br />Ryan Chase, and Teresa Saldivar <br />Commission discussion ensued to clarify the type of events to be held at the <br />restaurant and the modifying of conditions to prevent the restaurant from converting <br />into a night club. New conditions were discussed that would require the restaurant to <br />remain in compliance with all provisions of the SAMC including no cover charge, <br />prohibit entertainment with the banquet use, only allow a restaurant and reiterating <br />that restaurant is not approved as a night club. <br />The public hearing was closed. <br />MOTION: <br />1. Adopt a resolution approving Conditional Use Permit No. 2011-07 as <br />conditioned for Type 47 ABC license as conditioned. <br />2. Adopt a resolution approving Conditional Use Permit No. 2011-15 as <br />conditioned to allow after-hours operations as conditioned. <br />3. Adopt a resolution approving Conditional Use Permit No. 2011-16 to allow a <br />banquet use as conditioned. <br />4. Planning Commission adopted the following changes to Planning <br />• Conditions Nos. 14 and 28, for Exhibits A, B and C : <br />14. This Conditional Use Permit shall be reviewed at six months, at one year and <br />then annually thereafter by the Police Department for any modification to the <br />conditions of approval. This review shall include, at a minimum, an analysis <br />to ensure the quarterly gross sales of alcoholic beverages does not exceed <br />the gross sales of food during the same period. <br />28. The appliGant shall at all times GGFnply With the PFGVi6i9R6 of SAMG GhapteF <br />11 aR d possess _, `t _____ _ ,hl'n do-- _ _,mit at all times that p hl;n !Inning 'c <br />- r <br />being sendasted. The facility must at all times operate in compliance with the <br />Drovisions of the Santa Ana Municipal Code (SAMC). This will include the <br />prohibition of a cover charge to enter the facility, a night club use and public <br />dancing except as allowed pursuant to Chapter 11 of the SAMC. <br />MOTION: Nalle SECOND: Yrarrazaval <br />VOTE: AYES: Acosta, Alderete, Mill, Nalle, Yrarrazaval (5) <br />NOES: None (0) <br />ABSTAIN: Gartner (1) <br />ABSENT: Turner (1) <br />Vice Chairman Gartner returned to Council Chamber. <br />2. PUBLIC COMMENTS (on non -agenda items) <br />No public members spoke. <br />Planning Commission Minutes 3 JULY 11, 2011 <br />