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HomeMy WebLinkAbout93-057 - Approving Conditional Use Permit Application No. 92-028035 RESOLUTION NO. 93- 057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT APPLICATION NO. 92-028, TO ALLOW AN INDOOR ENTERTAINMENT USE AT 309 NORTH MAIN STREET WHEREAS, this Council held a public hearing on June 7, 1993, on Conditional Use Permit Application No. 92-028, to allow an indoor entertainment use at 309 North Main Street; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Based upon the evidence submitted at the abovesaid hearing this Council finds and determines as follows: The proposed public dance place will provide a service to the area by allocating an area for a non-profit counsel- ing group to meet in a social setting while assisting them in their recovery from abusive substances. In addition, the proposed use will assist in the revitaliza- tion of the downtown area through the leasing of vacant office space. Therefore, the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community. The use will be conducted within an enclosed building. Additionally, a security agreement between the Police Department and the applicant will impose conditions ensuring the areas safety. Therefore, 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 use will bring business into a vacant building that will generate additional revenue to both the are and city. Therefore, the proposed use will not adversely affect the present economic stability or future economic development of property in the surrounding area. The proposed public dance place is in compliance with the regulations and conditions specified in the Santa Ana Municipal Code. It will also comply with a security agreement for the use. Therefore, the proposed use will comply with the regulations and conditions specified in this chapter for such use. The proposed use is in conformance with the City's General Plan land use designation of District Center and RESOLUTION 93-057 Page 2 will assist in meeting the goals of the General Plan. Therefore, 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. 2. Conditional Us~ Permit Application No. 92-028 is hereby approved subject to the conditions set forth in Exhibit A, attached hereto and incorporated herein. ADOPTED this 21st day of June , 1993. ATTEST: Clerk of the Counc~/ .D.a'~-i~ H~. Young~J COUNCILMEMBERS: Young Absent Pulido Aye Lutz Aye Mills Nay Moreno Aye Norton Ay~ Richardson Aye APPROVED AS TO FORM: CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~;2, ~'O~5"'7 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Conditional Use Permit No. 92-28 June 7, 1993 Page 1 of 3 039 Conditions for Approval Should Conditional Use Permit No. 92-28 be approved, the project shall comply with all &pplicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. In addition, it shall meet the following conditions: A. Fire Department An automatic fire sprinkler system which complies with NFPA 13 shall be installed if the place of assembly has an occupant load of 100 or more persons. B. Planeinq ~ivision An on-site passenger loading and unloading area with valet parking shall be provided for any dance event. No gaming devices such as pool tables, pinball machines, motion picture booths, or any similar type of gaming device shall be allowed. C, police De~ent The existing structure and required parking must conform with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code. This requires existing lighting, door and window locks, and addressing to meet current code. Ail conditions shall be complied with prior to issuance of a Letter of Approval to the Alcohol Beverage Control Board. At all times that dancing and/or entertainment is being conducted, the applicant shall employ one uniformed, licensed security guard for every 100 persons or portion thereof in attendance per event, for the purpose of keeping the peace. Every security guard employed by the applicant shall first be approved by the Chief of Police, or his designate. If there is a marked or noticeable increase in the number of police related incidents on or near the premises, as such increase may be determined by the Chief of Police, the applicant shall increase the number of uniformed, licensed security guards to a total of guards as determined by the Chief of police. In addition, there shall be a minimum of one uniformed licensed security guard assigned to the parking lot located on site, one additional uniformed licensed security guard assigned to the Third and Sycamore parking structure and one additional uniformed licensed 0 0 0 ,040 Conditional Use Permit No. June 7, 1993 ~age 2 of 3 92-28 5o 6o 10. 11. 12. 13. 14. security guard assigned to the Fifth and Main parking structure. If the applicant so desires to direct his patrons to one specific parking location, the alternate location's guard requirement will be waived. These guards are assigned specifically to these locations until all activity on the premises has ceased and all patrons have cleared the parking areas. The applicant shall be responsible for providing the Chief of Police, or his designate, a monthly schedule of all events subject to Police Department approval, and event hours of operation, booked for the premises. This schedule shall include, but not be limited to, the number of security guards assigned, the anticipated attendance, the name of the responsible party, and whether there will be alcoholic beverages sold or consumed on the premises. There shall be no minors under the age of 21 on the premises when dancing is being conducted without a parent or guardian being present for each child or family. The premises shall not be operated as a public dance hall as defined in Santa Aha Municipal Code section 11-1. Music shall not be played outside nor be audible beyond the area under control of the applicant. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages on the premises. There shall be no coin-operated games or pool tables maintained on the premises at any time. The applicant must at all times possess a valid public dance permit issued by the Chief of Police and shall comply with SAMC Chapter 11. The premises shall not be operated as an adult cabaret as such term is defined in SAMC section 41-12.2. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Sections 12-1 and 12-2. There shall be no more than 24 temporary or 1 day ABC permits issued per year to legitimate nonprofit or charitable organizations for use on the premises. Conditional Use Permit No. 92-28 June 7, 1993 Page 3 of 3 15. 16. 17. The sale of alcoholic beverages on the premises, for consumption off the premises, is prohibited. The hours of operation will be restricted to the hours between 6 a.m. and 2 a.m. The Conditional Use Permit shall be reviewed at periodic intervals: 90 days, six months, and one year, by the Police Department after issuance and shall thereafter be reviewed annually by the Police Department for any modification to the conditions of approval.