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HomeMy WebLinkAbout95-069 - Approving Conditional Use Permit No. 95-162.57 RESOLUTION NO. 95- 069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 95-16 TO ALLOW AN INDOOR ENTERTAINMENT USE AT 220 EAST THIRD STREET REL: 10/20~95 WHEREAS, this Council held a public hearing on October 16, 1995, on Conditional Use Permit Application No. 95-16, to allow a an indoor entertainment use in a festival hall located at 220 East Third 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 set forth in Exhibit A, attached hereto and incorporated herein. 2. Conditional Use Permit No. 95-16 is subject to the conditions set forth in Exhibit B, and incorporated herein. hereby approved attached hereto ADOPTED this .6th ATTEST: COUNCILMEMBERS: Pulido Aye Richardson Ay~ Espinoza Nay Lutz Aye McGuigan Aye Mills Aye Moreno Nay day of /~____~., 1995. APPROVED AS TO FORM: City Attorney 258 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution City of Santa Ana on Date: to be the original resolution adopted by the City Council of the Clerk of the Couff'ci, J,-'""~ City of Santa Ana k~../ RESOLUTION 95-069 Z59 Conditional Use Permit No. September 18, 1995 Page 1 of 1 95-16 Findinqs Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The facility will provide an entertainment amenity, including a variety of indoor entertainment uses, that will benefit the surrounding community, the City of Santa Aha as well as complement the existing land uses. Will the proposed use 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 not be detrimental to persons residing or working in the area as the Police Department has imposed conditions on the site which are intended to eliminate issues which may adversely impact the surrounding community. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed facility will benefit the economies of the area by promoting a use that generates revenues to the surrounding area. Will the proposed uses comply with the regulations and conditions specified in Chapter 41 for such use? The proposed use will be brought into closer compliance with all regulations and conditions specified in the Santa Ana Municipal Code pertaining to indoor entertainment uses and alcoholic beverage licensed establishments. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not have any adverse affect on the General Plan land use designation of District Center (DC). The District Center designation encourages a variety of land uses, such as entertainment facilities, that will promote the area. EXHIBIT A RESOLUTION 95-069 Conditional Use Permit No. September 18, 1995 Page 1 of 3 95-16 Conditions for Approval Should Conditional Use Permit No. 95-16 be approved, the project shall comply with all applicable 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. Plannina Division Ail signage on the building will be required to comply with code. The conditional use permit will be reviewed by the Planning Commission in six months to determine compliance with established conditions. Should the applicant fail to comply, the CUP may be scheduled for revocation by the Planning Commission. The project shall be in compliance with all requirements of Site Plan Review No. DP 95-28. B. Police Department The existing building must be brought into conformance with the provisions of Chapter 8, Article II, Division 3.of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing projects lighting, door and window locking devices, and addressing be upgraded to current code standards. Prior to issuance of a Letter of Approval to the Alcohol Beverage Control Board all conditions must be complied with. The applicant is responsible for maintaining the premises free of graffiti. All graffiti needs to be removed within 24 hours of occurrence. No alcoholic beverages are to be consumed on any property adjacent to the licensed premises under the control of the licensee. The subject alcoholic beverage license shall not be exchanged for a public premises type license nor operated as a public premises. EXHIBIT B RESOLUTION 95-069 Conditional Use Permit No. 95-16 September 18, 1995 Page 2 of 3 e 10. 11. 12. 13. 14. 15. 16. 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. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food or other commodities during the same period. The sale of alcoholic beverages on the premises, for consumption off the premises, is prohibited. There shall be no public telephones located on the exterior of the premises. All interior pay phones shall be restricted to outgoing calls only. The petitioner(s) are responsible for maintaining the premises free of litter. The premises is to be maintained as a bona fide eating establishment and provide a menu containing an assortment of foods normally offered in restaurants. The premises shall not operate as an adult entertainment business as such term defined in Santa Ana Municipal Code 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 Santa Ana Municipal Code Sections 12-1 and 12-2. There shall be no one under 21 years of age in the bar, lounge or pool table area after the sales and service of food has been discontinued, or at anytime after 10:00 p.m. The applicant must at all times possess a valid public dance permit on issued by the Chief of Police and shall at all times comply with Chapter 11 of the Santa Ana Municipal Code. The premises needs to comply with S.A.M.C. possess a valid Pool and Billiard Permit Chief of Police. Chapter 29 and issued by the RESOLUTION 95-069 Conditional Use Permit No. September 18, 1995 Page 3 of 3 95-16 17. 18. 19. 20. 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. This guard(s) is also responsible for monitoring the adjacent parking lot at Third Street and Bush Street which is utilized by patrons. 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 number 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 Fifth and Spurgeon Streets parking structure and one additional uniformed licensed security guard assigned to the Third and Sycamore Streets 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 area. The applicant is responsible for providing to 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 needs to incIude, 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. The conditional use permit will be reviewed after 90 days, at six months and annually thereafter by the Santa Ana Police Department in order to determine compliance with the above conditions.