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HomeMy WebLinkAbout75A - 100 SOUTH MAIN / REQUEST FOR COUNCIL ACTION ~-~ r:wtt ~f(lf~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 5, 2005 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2005 - 02, AMENDMENTS TO CONDITIONAL USE PERMIT NO. 2003-37 AND CONDITIONAL USE PERMIT NO. 2005-19 FOR ORIGINAL MIKE'S RESTAURANT - CARIBOU INDUSTRIES, APPLICANT // , /;/ ~ ~Lu,J/j7:;Z~.--~. -- CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2005-02. 2. Adopt a resolution approving Amendments to Conditional Use Permit No. 2003-37 as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2005-19 as conditioned. PLANNING COMMISSION ACTION On June 13, 2005, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2005- 02, adopt a resolution approving Amendments to Conditional Use Permit No. 2003-37 as conditioned, and adopt a resolution approving Conditional Use Permit No. 2005-19 as conditioned by a vote of 6: 0 (Leo absent). The actions requested by the applicant were to modify existing conditions of approval and the Specific Development No. 72 (SD-72) zoning district for Original Mike's Restaurant and allow extended hours of operation, special events in the parking lot, a cover charge for certain events, and increase the number of allowable musicians at 100 South Main Street (Exhibi t A). The Planning Commission recommended approval of all recommendations with the exception of the deletion of proposed Police Department Condition No. 24 (CUP 2003-37) that would have prohibited reduced prices for drinks. 75A-1 ZOA No. 2005-02, Amendments to CUP 2003-37, and CUP 2005-19 July 5, 2005 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. ay M. Trevino Ex cutive Director Panning & Building Agency VF:rb vf\reports\cup03-37, cupOS-19&zoaOS-2.cc 75A-2 REQUEST FOR Planning Commission Action i~~ ~~~. /' ,","ucatIon 1 ' -" i~~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: JUNE 13, 2005 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2005-02, MODIFICATIONS TO CONDITIONAL USE PERMIT NO. 2003-37 AND CONDITIONAL USE PERMIT NO. 2005-19 FOR ORIGINAL MIKE'S RESTAURANT APPROVED D As Recommended D As Amended D Set Public Hearing For DENIED D Applicant's Request D Staff Recommendation CONTINUED TO Prepared by Vince Fregoso ~ i2vtj~ctor r0~ t:!n~ fV'- RECOMMENDED ACTION Recommend that the City Council: 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2005- 02. 2. Adopt a resolution approving Amendments to Conditional Use Permit No. 2003-37 as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2005-19 as conditioned. DISCUSSION Request of Applicant Original Mike's restaurant is requesting approval to modify an existing conditional use permit, obtain a new conditional use permit and amend the specific development zoning for the site. The proposed changes include an extension to the hours of operation, allowing special events in the parking lot, requesting a cover charge to enter the premises, increasing the allowed number of musicians and allowing exterior amplified music. Property Description The project site is a 1.7-acre parcel of land at 100 South Main Street. The parcel encompasses a city block bounded by First Street to the north, Walnut Street to the south, Main Street to the east and Sycamore Street to the west. The site contains the 14,765 square foot United Automotive building that is designated as a Contributive property on the Santa Ana EXHIBIT A 75A-3 Zoning Ordinance Amendment No. 2005-02 Amendment to Conditional Use Permit No. 2003-37 Conditional Use Permit No. 2005-19 June 13, 2005 Page 2 Register of Historic Properties. Original Mike's occupies the first floor of the building, with nine rental apartments located on the second floor. A total of 157 parking stalls have been provided for the project. The zoning designation for the site is Specific Development No. 72 (SD- 72), consistent with the General Plan land use designation of District Center (DC). The site is surrounded by commercial uses to the north, east and west, and commercial and residential to the south (Exhibits 1 and 2) . Project Description The applicant is proposing to modify the existing conditions of approval as well as the SD-72 zoning designation for Original Mike's (Exhibits 3, 4 and 5). Specifically, the applicant is proposing to serve alcoholic beverages until 2:00 a.m., allow exterior special events on the premises, allow a cover charge to enter the premises, allow amplified music within the outdoor patio area and extend the hours of operation for the outdoor patio to 9:00 a.m. through 6:00 p.m. Monday through Friday and 9:00 a.m. to 10: 00 p. m. Saturday and Sunday, allow more than a three-piece band within the outdoor area, and allow seven musicians with amplified instruments within the interior of the premises. Analysis of the Issues On April 25, 2005 the Planning Commission held a hearing on the request by several restaurants in the downtown and Artists Village areas to amend their entitlements. The request by these restaurants to extend the hours for the sale and service of alcoholic beverages and to allow entertainment is a result of the growth in commercial and housing developments in the downtown area. From this growth, a dynamic living community has emerged within the downtown and Artists Village areas and has resulted in a lifestyle that has been proven successful throughout downtowns in the Uni ted States. However, due to concerns with the proposal to allow unlimited exterior special events and a cover charge at Original Mike's, the Planning Commission continued the item to further analyze the request by the applicant. Original Mike's was granted several entitlements in 2004, including a zone change to the Specific Development No. 72 (SD-72) zoning designation and a condi tional use permit to sell alcohol wi thin a restaurant (Exhibit 6). The restaurant, which includes a bar, interior dining area and outdoor 75A-4 Zoning Ordinance Amendment No. 2005-02 Amendment to Conditional Use Permit No. 2003-37 Conditional Use Permit No. 2005-19 June 13, 2005 Page 3 seating area, is requesting to amend several conditions of approval in an effort to continue the active lifestyle of the downtown area. Listed on the following pages are the specific requests by the applicant and the recommendations by staff: 1. Change the operational standards of SD-72 and the conditional use permit, which presently limits the closing hours to 12:00 a.m., so that the restaurant's outdoor patio can remain open until 1:00 a.m., with the interior remaining open until 2:00 a.m., seven days a week. The request to extend the hours of operation for the restaurant and patio area, including the extension of alcoholic beverage sales, service and consumption until 1: 00 a. m. in the outdoor patio and 2: 00 a. m. within the restaurant interior are consistent with the policy direction of the Planning Commission from the April 25th meeting. 2. Allow unlimited exterior special events on the premises. Staff has concerns regarding unlimited outdoor activities on the premises and their impact on the surrounding properties, including allowing unlimited events on the premises, traffic, parking intrusion on adj acent sites, noise and safety. To address these concerns, operational standards are proposed for the SD document and additional conditions of approval recommended for the conditional use permit. If approved, the new provisions will address the concerns by restricting the events to antique car shows, vintage car shows, motorcycle shows and art exhibits. Further, the events will be limited to no more than six days per month and may occur on Saturday, Sunday and/or Monday holidays. The events must be within the parking lot only, limited between the hours of 7:00 a.m. to 10:00 p.m., and will require Police and Fire Department approval of each event. To monitor these new measures, a special event application will need to be submitted to the Police Department monthly, with additional mitigation measures added on an as needed basis. Additionally, to ensure the events do not operate as a swap meet, vendor booths are not permitted. 75A-5 Zoning Ordinance Amendment No. 2005-02 Amendment to Conditional Use Permit No. 2003-37 Conditional Use Permit No. 2005-19 June 13, 2005 Page 4 3. Allow a cover charge to enter the premises. The applicant is seeking approval of a new conditional use permit to have the ability to collect a cover charge for special entertainment events that are offered in conjunction with the normal restaurant operation. The applicant has verified that it is not his intention to change the nature of the establishment from a restaurant to a nightclub, but that these special events will enhance the current restaurant operation. All activities associated with the cover charge event will take place within the confines of the restaurant building and, thus conditions regulating the restaurant use adequately address any additional operational issues posed by the addition of the cover charge events. It should be noted that stand-alone nightclubs are not allowed under the standards contained in SD-72. 4. Revise the conditions related to outdoor entertainment by allowing amplified music with extended hours of operation from 9: 00 a. m. through 6: 00 p. m., Monday through Thursday, and from 9: 00 a. m. to 10:00 p.m. on Friday, Saturday and Sunday, and allow more than the currently permitted three-piece band. The request to allow amplified music in the outdoor patio area, extend the hours of operation in the outdoor patio and allow more than a three piece band in the patio will allow the applicant to offer entertainment that will complement the atmosphere of the restaurant. To address prior concerns raised by the surrounding neighborhood, amplified music in the patio area is proposed to be restricted to no later than 6:00 p.m. Monday through Thursday and to 10:00 p.m. on Friday, Saturday and Sunday. Additionally, approval of this request will be consistent with the policy direction of the Planning Commission from the April 25th meeting. 5. Allow seven musicians with amplified instruments within the interior of the premises. The current condition allows a maximum of five musicians. The size of the facility is easily able to accommodate a musical act larger than five pieces currently allowed by the conditional use permit. Since the number of musicians wi thin the restaurant does not generate 75A-6 Zoning Ordinance Amendment No. 2005-02 Amendment to Conditional Use Permit No. 2003-37 Conditional Use Permit No. 2005-19 June 13, 2005 Page 5 any adverse impacts on the surrounding properties, staff recommends that the request to increase the number of musicians or instruments allowed on the premises be approved. In June 2005, inspection of conditions of violations of found. Planning Division and Police Department staff conducted an the site for violations to the zoning code and the approval for the proj ect. During this inspection, no the conditions of approval or zoning code violations were Original Mike's is located in an active, vibrant urban environment. As is the case in other communi ties where residential proj ects develop in urban areas, the new residents often desire activity centers that are open during later hours. The proposed amendments and additional conditions of approval will allow the restaurant to operate in a similar manner as other restaurants in the downtown area. The project, with the additional conditions of approval, will help maintain the active environment found in the Artists Village. As a result, staff recommends that the Planning Commission approve Amendment to Conditional Use Permit No. 2003-37 as conditioned, Conditional Use Permit No. 2005-19 as conditioned and Zoning Ordinance Amendment No. 2005-02 (Exhibits 7, 8, 9 and 10) . CEQA Compliance In accordance with the California Environmental Quality Act, the proposed proj ect is Categorically Exempt. No further environmental review is needed. Environmental Review No. 05-66 will be filed for this project. VinceV ~so, Senior Planner ~... AICP .// VF:JM vf\reports\cup03-37&zoaOS-2.pC 75A-7 Rl R1 R2 Rl .B 5D-10 50-20 . :::[](:~~J I all :II~ SO-55 p 0 50-13 50-2 P C1 50-18 12]1 :@I C2 R2 :~m WALNUT ST. o R1 0 R2 R3 ST I Rl R3 R1 0 R1 tt 0 R1 R1 R1 w R1 ^v. R1 R1 ~[ Al -B C-SM Cl Cl-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC Ml M2 MO o P PCD PRO COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SO SP ~ ~.~ CUP 03-37/CUP 05-19/Z0A 05-2 ORIGINAL MIKElS RESTAURANT 100 SOUTH MAIN STREET A rPI' - = 500 FEET 1 . = 1000 FEET P LAN N N G AND BUILD EXHIBIT 1 75A-8 N G AGE N C Y COMM R C I A L -J <I; l) Cl: COMMERCIAL lJ.J --r- COMMERCIAL/ .-: RESIDENTIAL en 0 l) F "- ./ FIRST ST. " /" / RETAIL -J COMMEIi CIAL <I; <3 Cl: lJ.J ::E ::E 0 PR~ ;.~CT l) ~ -J E ::: RETAIL == Cl: C lJ.J I--- c:( Z ~ 0 c:( 0 VACANT l) a: :iiE ./ m WALNUT ST. 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" ~ ~ ~ ;J ~ Cl'> ~ Cil t," l u ui i g ~o ~ l;l~ ~ I.,. b , . ~ , .6l Q SPECIFIC DEVELOPMENT NO. 72 (First and Main) SECTION 1 APPLICABLITY OF ORDINANCE The specific development zoning district for the subject property, as authorized by Chapter 41, Division 26, Section 41-593 et seq. , of the Santa Ana Municipal Code, is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code shall apply unless expressly waived or superseded by this ordinance. SECTION 2 PURPOSE This Specific Development Plan No. 72 (SD 72) sets forth the development and design criteria for the project known as the Artist Gateway, a mixed used development consisting of approximately 1.7 acres. The purpose of this Specific Development Plan is to permit maximum flexibility in site planning and design to respond to market while assuring high quality development and implementing the goals of the General Plan. SD 72 specifically will establish the following: a. The authorized uses for the site; b. Maximum authorized development densities; c. Development and operational standards including: l. Architectural Design ll. Parking requirements iii. Setback requirements iv. Building height limits v. Maximum site coverage Vl. Landscaping and signage standards Vll. Public and Private Open Space viii.Enforcement policies lX. Signage SECTION 3 OBJECTIVES The SD-72 use district is hereby established for the express purpose of protecting the health, safety, and general welfare of the people of the City by promoting and enhancing the value of properties and encouraging orderly development including: 7 ~iBl~ 1 of 9 a. Flexibility of development in response to market conditions, while achieving overall City and community goals. b. Creation of live/work opportunities and moderately priced new housing that encourage the arts and freelance market. c. Capitalize on the Historic Downtown revitalization, the Artist Village, and the live/work loft proj ects in the immediate area to allow an opportunity for additional live/work possibilities. d. A visually harmonious development as viewed both internally and externally. e. A circulation system that is responsive to the needs of both vehicular and pedestrian travel. f. Landscaping that is appropriate to the level of development and sensitive to the surrounding community. g. Create an enhanced access to downtown that promotes a walkable community, which will assist in the revitalization the local area. SECTION 4 LOCATION The Specific Development Plan No. 72 includes 1.7 acres and is located at the southwest corner of First and Main Streets, bordered by Walnut and Sycamore Streets. The historic United Automotive building occupies the northeast corner of the project site. On-site parking is provided on the remainder of the project site. Santa Ana's historic Downtown is located immediately to the north of this development area. The Downtown area is a harmonious blend of historic buildings, the emerging Artist Village, as well as live/work possibilities and a culturally enriched retail market. This intersection also is recognized as a gateway that leads directly into the Downtown and civic center area. SECTION 5 USES PERMITTED a. Retail and service uses, excluding bail bonds. b. Commercially operated professional studios c. The following creative arts uses: i. Fine arts studios and/or galleries ll. Fiber arts studios and/or galleries iii. Printing, lithography and calligraphy facilities lV. Photography studios 75A-14 2 of 9 d. Restaurants, cafes, and eating establishments, other than those specified in Section 6, excluding eating establishments with drive-thru window service, adult entertainment businesses as defined in SAMC section 41- 1701.6, night clubs as defined in Chapter 11 and heavier commercial uses such as auto sales or repair, rental yards and hospitals shall be prohibited in the SD. e. Ancillary banquet facilities, subject to development and operational standards set forth in section 41-199.1. f. Cyber cafes as defined in Santa Ana Municipal Code (SAMC) 41-45, as an ancillary use to a restaurant, provided they are carried on in accordance with sections 41-198.200 of the SAMC as it may be amended from time to time, and provided a ministerial land use certificate is first obtained in accordance with sections 41-675 through 41- 677 of the SAMC. Wi th the except ion of Sect ion 41- 198.200 (d), which states "No persons shall be permitted to consume alcohol on the premises" shall not be applied to Land Use Certificates issued for properties within the Specific Development No. 72. SECTION 6 CONDITIONALLY PERMITTED USES a. Fourteen (14) Live/work units. b. Nine (9) housing units. c. Ceramic and pottery studios. d. Glass blowing and sculpturing studios e. On-site alcohol beverages control license as an ancillary f. use, in conjunction with an eating establishment. g. Banquet facilities, as a primary use, subject to development and operational standards set forth in section 41-199-.1. h. Retail markets having less than twenty thousand (20,000) square feet. i. Indoor/Outdoor Entertainment as defined in Chapter 41 of the SAMC. SECTION 7 DEVELOPMENT STANDARDS a. Standards for Commercial Development i. Unless expressly waived or superseded by this ordinance, all commercial development shall comply with the provisions as outlined within Chapter 41, Article 111, Division 13, C2 (General Commercial), of the Santa Ana Municipal Code as it may be amended from time to time. 75A-15 3 of 9 b. Standards for Live/Work Development i. Building height in Specific Development 72. No structure shall exceed forty- five (45) feet in height. ii. Yard requirements Specific Development 72. 1. A setback of not less than 15 feet shall be required for any new commercial building. 2. A setback of any property separate any street. not less than five 1 ine to the extent off-street parking (5) it area feet along serves to f rom the iii. Development Density in Specific Development 72 1. The floor area ratio for commercial development may not exceed 1.0. Additional Development Standards Development standards for SD 72 will be refined in conjunction wi th the anticipated live/work proj ect through an amendment. This will include architectural design, setbacks and side yard requirements, building height limits, maximum site coverage, private and public open space, guest and customer parking requirements, landscaping standards, signage standards, and public and private open space. The restaurant must be maintained as a establishment. An eating establishment Alcoholic Beverage Control Board and the must include the following items: bona fide eating as defined by the Planning Commission a. One conventional range/oven b. An automatic dishwasher c. A double sink d. A 25 cubic foot refrigerator e. A four-foot by six-foot food preparation area f. The restaurant shall provide a grease interceptor and garbage disposal. 75A-16 4 of 9 Off-street parking for Specific Development No. 72 a. The minimum off-street parking requirements for restaurants, cafes and other eating establishments are as follows: ten (10) spaces for each one thousand (1,000) square feet of gross floor area, including the open-air, plaza dining area. b. The minimum off - street parking requirements for retail and service uses not otherwise specified in this division are as follows: five (5) spaces for each one thousand (1,000) square feet of gross floor area. c. Parking for the residential units shall rate of one and a half (1.5) spaces per per unit must be located in a garage. parking at a rate of ten (10) percent of of parking spaces shall be provided. be provided at a unit. One space Accessible guest the total number d. Dedicated parking spaces shall be provided for the existing rental housing component. Landscape Requirements for Specific Development No. 72 a. A minimum five-foot landscaped front yard setback is required within the parking areas along First Street, Main Street, Walnut Street, and Sycamore Street. b. The pedestrian plaza area should incorporate a double row of trees or a specific pattern designed to lead pedestrians through the plaza to the adjacent entrance of the building. c. Vehicular parking may not be located within any required landscaped area. d. A combination of trees and shrubs as identified in the commercial landscape standards shall be used on all street frontages. The on-site tree should be the same or complement the designated street tree for that particular street. Vines, such as Boston Ivy, shall be used on the trash enclosure. Public Art in Specific Development 72 The plaza/courtyard encourage pedestrian public art. If plaza/courtyard area area shall provide amenities that use such as seating area and obj ects of water features are included in the or other landscaping areas, the water 75A-17 5 of 9 feature shall use non-potable or recycled specialized equipment to conserve water. provided shall be reviewed and approved by Division as part of the site plan review process. "gray The the water" and amenities Planning Pedestrian Plazas and Walkways Specific Development 72 A pedestrian plaza is required in conjunction with the restaurant. The plaza area shall be a minimum of 50 feet by 125 feet and abut on the west elevation of the United Automotive Building. The plaza area shall be enhanced, incorporating decorative paving and shall be enclosed with a decorative wrought iron fence. The applicant will need to execute a Right-of-Entry and License Agreement with the City to develop the plaza area on this parcel. Interior primary pedestrian walkways shall be a minimum of eight feet wide and decorative in design. Walkways are those that connect a pedestrian from the parking area to the front entry. A four-foot handicap accessible walkway is to be provided throughout the interior sidewalks and courtyard/plaza areas. The primary entrance door to the restaurant shall be located at the north vestibule entry located on the west elevation to the building restaurant. This entrance shall include an interior sound curtain to mitigate interior restaurant ambient noise levels to the exterior. All doors on the west elevation shall remain closed during business hours. Outdoor Special Event Requirements for Specific Development No. 72 a. Outdoor special events shall be subject to the requirements set forth herein. The Santa Ana Municipal Code sections pertaining to land use certificates shall not apply to this zoning designation. b. Outdoor special events shall be limited to antique car shows, vintage car shows, motorcycle shows and art exhibits. Similar uses may be submitted to the Planning Manager for review and approval. c. Outdoor special events shall be limited to Saturday, Sundays and Monday Holidays only. Monday holidays include Martin Luther King Day, President's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day and New Year's Day. 75A-18 6 of 9 d. Hours of operation for outdoor special events shall be limited to 7:00 a.m. and 10:00 p.m. e. Outdoor special events shall six days per month and may and/or Monday holidays. be limited to no more than occur on Saturday, Sunday SECTION 8 OPERATIONAL STANDARDS a. The existing United Automotive Building is listed in the Santa Ana Register of Historical Property and has been categorized as Contributive. Fa9ade changes or modifications to structures listed on the Santa Ana Register of Historic Properties are subj ect to review by the Historical Resources Commission. Any new construction or modification, or building relocation requires City review and building permits. b. Rcot~ur~nt opcr~tiono oh~ll bc cloocd ~t 2 a.m. 12:00 ~.m. midnight to ~ll p~trono ~nd ~11O'v; for rcot~ur~nt ot~ff to conduct thc ncccoo~ry clooing proccdurco including clc~n up until 1: 00 ~. m. Thcre oh~ll bc no buoincoo oper~tiono bct~ccn 2 1:00 ~.m. ~nd 5:00 ~.m. c. The operation of any restaurant shall be permitted between the hours of 7:00 a.m. and ~2:00 a.m., seven days a week. Thc rcot~ur~nt oh~ll bc cloocd ~t 12: 00 ~. m. midnight to ~ll p~trono ~nd ~llo'.; for rcot~ur~nt ot~ff to conduct thc ncccoo~ry clooing proccdurco including clc~n up until 1:00 tt-;--ffi-;- Additionally, there shall be no business operations between 2 ~:OO a.m. and 5:00 a.m. d. Indoor live entertainment shall be limited to a maximum of seven ~ musicians with amplified instruments and shall not exceed the noise standards set forth in SAMC 18-308 through 18-321. e. The doors on the west side of the facility will be required to remain shut at all times except for ingress/egress purposes. Outdoor live entertainment shall be allowed Monday through Thursday from 9: 00 a. m. to 6: 00 p. m. and ~ on Friday, Saturday and Sunday from 2 ~:oo a.m. to 10 5:00 p.m., shall be limited to a maximum of five threc musicians with flefl-amplified instruments, including no brass or percussion, and shall not exceed the noise standards set forth in SAMC 18-308 through 18-321. The musicians shall be located on the south portion of the pedestrian plaza area only. 75A-19 7 of 9 f. Any public dance hall, dance place or public dancing place as defined in Chapter 11 of the SAMC will be subject to Police Department approval and be subject to all standards set forth in Chapter 11 of the SAMC. g. All banquet uses must conform to the operational standards set forth in Section 41-199.1 of the SAMC, including ancillary banquet uses intermittently associated with full service sit-down restaurants. h. The new infill residential component is permitted only in combination with individual studios in a manner that provides an integrated working and living environment. l. All live/work units shall be at least one thousand (1000) square feet in size. j. The residential component of a live/work unit shall meet the following standards: i. It shall have a space of at least five hundred (500) square feet of residential living area. ii. It shall have access to separate bathroom facilities, including a water closet, a wash basin, and a bathtub or shower. iii. It shall have separate kitchen facilities including a kitchen sink, cooking appliances and refrigerator. All such facilities shall have a clear working space of at least thirty (30) inches in front. iv. It shall comply as modified by Municipal Code. with all section Housing Code requirements 8-2700 of the Santa Ana v. Each individual unit shall accommodate facilities for a washer and dryer. k. The existing rental housing component shall meet the following standards: i. It shall have a space of at least three hundred and eighty-two (382) square feet. ll. It shall have access to separate bathroom facilities, including a water closet, a wash basin, and a bathtub or shower. 75A-20 8 of 9 iii. It shall have separate kitchen facilities including a kitchen sink, cooking appliances and refrigerator. All such facilities shall have a clear working space of at least thirty (30) inches in front. lV. It shall comply with all Housing Code requirements as modified by section 8-2700 of the Santa Ana Municipal Code. SECTION 9 SIGNAGE STANDARDS All signage shall comply with the provisions as outlined within Chapter 41, Article XI, "On-Premise Signs" of the Santa Ana Municipal Code as it may be amended from time to time. A planned sign program, pursuant to Sections 41-880 through 41-884 of the Santa Ana Municipal Code, shall be required for all buildings to ensure sign compatibility SECTION 10PLANNING COMMISSION AND CITY COUNCIL APPROVALS This is a key area for future development and this project will set the example for all subsequent residential development in the area. To ensure the quality of the design and the architectural style, as well as the layout of the units, any new development project will require Planning Commission and City Council approvals. 75A-21 9 of 9 Amendment to Conditional Use Permit No. 2003-37 June 13, 2005 Page 1 of 2 Findings of Fact A. Will the proposed contribute to the community? use provide a general well service being or of facility, which will the neighborhood or The restaurant is providing a service and is benefiting the community by providing an eating establishment in the downtown area. Conditions have been placed on the restaurant that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. B. 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 restaurant will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negative or adverse impacts. The extended hours of operation will be mitigated through the existing conditions of approval that have been adopted for the project. C. will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The 1.7-acre site has been operating as a restaurant for approximately seven months. The expanded hours of operation, outdoor special events and additional band members within the restaurant will increase the patronage to the restaurant, thereby enhancing the profitability of the business and identifying the use and site as economically stable and viable for the surrounding properties in the area. D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed by Chapter 41 of the Santa Ana Municipal Code. EXHIBIT 7 75A-22 Amendment to Conditional Use Permit No. 2003-37 June 13, 2005 Page 2 of 2 E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The restaurant will not adversely affect the General Plan. Restaurants and ancillary uses such as the number of allowable musicians within the premises are permitted within the Specific Development No. 72 (SD-72) zoning district and the District Center (DC) General Plan designation. Additionally, the use as conditioned is in compliance with the regulations identified in the zoning code. 75A-23 JUNE 13, 2005 PAGE 1 OF5 Conditions for Approval Should the modifications to Conditional Use Permit No. 2003-37 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. The applicant must comply in full with each and every condition listed below prior 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. A. Planning Division 1. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. 2. The restaurant must be maintained as a establishment. An eating establishment Alcoholic Beverage Control Board and the must include the following items: bona fide eating as defined by the Planning Commission a. One conventional range/oven b. An automatic dishwasher c. A double sink d. A 25 cubic foot refrigerator e. A four-foot by six-foot food preparation area 3. The alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. 4. The restaurant shall provide a grease interceptor and garbage disposal. 5. The project shall remain in compliance with Site Plan Review (DP No. 03-18). 6 . Thio condition~l uoe pcrmit l',mcndmcnt l',pplic~tion No. 2003 ~nd Condition~l Uoc Pcrffiit No. ~ill not be in ~ffect 09, 8pccific Dcvclopmcnt 2003 31 ~re ~pprovcd. until No. 72 75A~24 JUNE 13, 2005 PAGE20F5 B. Police Department 1. There shall maintained consumption be no fixed bar or lounge area upon the premises for the sole purpose of sales, service or of alcoholic beverages directly to patrons. 2. Full menus shall be available at the counter/bar and service must be available during all operational hours. food 3. At all times, when the premises is open for business, the of alcoholic beverages shall be made only in conjunction the sale of food to the person ordering the food. sale with 4. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 5. 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. 6. It shall be the applicant (s) responsibility to ensure that no alcoholic beverages are consumed on any property adj acent to the licensed premises, with the exception of the pedestrian plaza as indicated in Condition No. 21, under the control of the applicant(s). 7. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 8. There shall be the premises. allow outgoing the exterior of be designed to no public telephones located on All interior pay phones must calls only. 9. The petitioner(s) shall be premises free of graffiti. within 24 hours of occurrence. maintaining the must be removed responsible for All graffiti 10. There shall be no pool tables, coin-operated games, or video machines maintained upon the premises at any time. 11. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. 75A-25 JUNE 13, 2005 PAGE 3 OF 5 12. The premises shall establishment and assortment of foods be maintained shall provide normally offered as a bona fide eating a menu containing an in restaurants. 13. The sales, service, and consumption of alcoholic beverages within the restaurant shall be permitted only between the hours of 10:00 a.m. and 2:00 a.m. The sales, service and consumption of alcoholic beverages on the patio area after 1:00 a.m. are strictly prohibited. 14. This land use authorization is only on-sale general, public eating-place license use at this location will clearance. applicable only. Any require a to a type 47 other type of new land use 15. This conditional use permit shall be reviewed by the Police Department after 90 days, six months and one year, and annually thereafter for modifications or violations of any of the conditions. 16. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board all conditions must be complied with. 17. The vestibule entry to the building shall be the primary entrance to the restaurant. This entrance shall include an interior sound curtain to mitigate interior restaurant ambient noise levels to the exterior. 18. The side door (s) on the west side of the building shall be kept closed at all times during the operation of the premises except in cases of emergency, normal entering and exiting of patrons and to permit deliveries. 19. Petitioner will install a silent armed robbery alarm. 20. The petitioner(s) shall place a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, on the exterior of the premises. It shall be the petitioner(s) responsibility to ensure that CPC Section 602 is complied with at all times that the premises are in operation. 21. Should the pedestrian plaza be site plan shall be submitted approval indicating the service used for serving purposes, a to the City for review and area be limited to 24 seats, 75A-26 - JUNE 13, 2005 PAGE40F5 SlX tables, and four chairs per table (24 patrons) in the designated 50 - foot by 125 - foot plaza area. The pedestrian plaza shall be enclosed with a minimum 36 - inch high, wrought iron fence that will include an existing wall on the side of the plaza. The fence enclosure shall include a gate that will meet uniform building egress/ingress codes with a minimum setback from public right-of-way of five feet. 22. The applicant shall be responsible for providing the Chief of Police or his designate a monthly schedule of all events, event hours of operation, promoters of the event, prior locations where the promoter has conducted business and prior locations where the events have occurred. This schedule shall also include, but not be limited to, the number of security guards assigned, the anticipated attendance and the name and emergency number of the responsible party. All events shall be subject to prior Police Department approval. 23. Amplified music in the patio area is prohibited after 6:00 p.m. Monday through Thursday and 10:00 p.m. on Friday, Saturday and Sunday. 24. There shall be no promotions offering reduced prices for alcoholic beverages. 25. At all times that dancing or entertainment is being conducted, the applicant must provide a minimum of one uniformed State licensed security guard for every 100 persons in attendance per event. 26. There shall be an additional guard assigned to the parking lot who will be responsible for ensuring the safety of patrons who utilize that lot. 27. Guards shall remain on the premises until all activity has ceased and all patrons have cleared the parking area. 28. The Chief of Police, or his designate, shall first approve every security guard employed by the applicant. 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 permittee shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police. 75A-27 JUNE 13, 2005 PAGE50F5 29. All outdoor special events shall require Police Department Fire Department formal review and approval to insure traffic, noise and safety concerns are properly mitigated. and all 30. All outdoor special events require the submittal of an application in writing to the Police Department IS Crime Prevention Unit by each individual promoter once a month and at least ten working days prior to the first day of the month for which the events will occur. The application shall include the following information: an on-site contact person and cell phone number, the type of event, a site plan, the expected attendance, the type of entertainment provided, and any other information needed by the Police Department. 31. For all outdoor special events, the Police Department shall add appropriate mitigation measures, which may include the assignment of Police Officers and or a specified minimum number of State licensed uniformed security guards if determined to be necessary by the Chief of Police or his designate, at the applicant I s expense. If guards are required, they will be in addition to any other security guard requirements mandated under the Specific Development. 32. For all outdoor special events, the promoter shall direct patrons to off-site parking areas in all of their printed media, including but not limited to tickets, flyers and newspaper advertisements relating to the event. 33. For all outdoor special events, there shall be no exterior sales, service and consumption of alcoholic beverages in the parking lot areas. 34. For all outdoor special events, vendor booths shall be prohibited. In addition, there shall be no product sales of any kind associated with the special events, nor shall the applicant rent out any portion of the parking lot for these events. 75A-28 Conditional Use Permit No. 2005-19 June 13, 2005 Page 1 of 2 Findings of Fact A. Will the proposed contribute to the community? use provide a general well service being or of facility, which will the neighborhood or The restaurant is providing a service and is benefiting the community by providing an eating establishment with indoor entertainment in the downtown area. Conditions have been placed on the restaurant that will mitigate any potential impacts created by the indoor entertainment use and ensure that the use will not negatively affect the surrounding community. B. 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 restaurant will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negati ve or adverse impacts. The indoor entertainment use will be mitigated through the existing and additional conditions of approval that have been adopted for the project. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The 1.7-acre site has been operating as a restaurant for approximately seven months. The cover charge, in conj unction with allowing additional band members within the restaurant, will increase the patronage to the restaurant, thereby enhancing the profitability of the business and identifying the use and site as economically stable and viable for the surrounding properties in the area. D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed by Chapter 41 of the Santa Ana Municipal Code and Specific Development No. 72 (SD-72) . '~J{!29 Conditional Use Permit No. 2005-19 June 13, 2005 Page 2 of 2 E. Will the proposed use adversely affect the General plan or any specific plan of the City? The restaurant will not adversely affect the General Plan. Restaurants and ancillary uses such as cover charges to enter the premises are permitted within the Specific Development No. 72 (SD-72) zoning district and the District Center (DC) General Plan designation with a conditional use permit. Additionally, the use as conditioned is in compliance with the regulations identified in the zoning code. 75A-30 JUNE 13, 2005 PAGE 1 OF4 Conditions for Approval Should the Conditional Use Permit No. 2005-19 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. The applicant must comply in full with each and every condition listed below prior 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. A. Planning Division 1. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. 2. The restaurant must be maintained as a establishment. An eating establishment Alcoholic Beverage Control Board and the must include the following items: bona fide eating as defined by the Planning Commission a. One conventional range/oven b. An automatic dishwasher c. A double sink d. A 25 cubic foot refrigerator e. A four-foot by six-foot food preparation area 3. The alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. 4. The restaurant shall provide a grease interceptor and garbage disposal. 5. The proj ect shall remain in compliance with Site Plan Review (DP No. 03-18). EXHIBIT 10 75A-31 JUNE 13, 2005 PAGE 2 OF4 B. Police Department 1. There shall maintained consumption be no fixed bar or lounge area upon the premises for the sole purpose of sales, service or of alcoholic beverages directly to patrons. 2. At all times, when the premises is open for business, the sale of alcoholic beverages shall be made only in conjunction with the sale of food to the person ordering the food. 3. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 4. It shall be the applicant(s) responsibility to ensure that no alcoholic beverages are consumed on any property adj acent to the licensed premises, with the exception of the pedestrian plaza as indicated in Condition No. 23, under the control of the applicant(s). 5. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 6. There shall be the premises. allow outgoing no public telephones located on All interior pay phones must calls only. the exterior of be designed to 7. The petitioner(s) shall be premises free of graffiti. within 24 hours of occurrence. responsible for All graffiti maintaining the must be removed 8. There shall be no pool tables, coin-operated games, or video machines maintained upon the premises at any time. 9. This land use authorization is only on-sale general, public eating-place license use at this location will clearance. applicable only. Any require a to a type 47 other type of new land use 10. This conditional use permit shall be reviewed by the Police Department after 90 days, six months and one year, and annually thereafter for modifications or violations of any of the conditions. 75A-32 JUNE 13, 2005 PAGE30F4 11. The vestibule entry to the building shall be the primary entrance to the restaurant. This entrance shall include an interior sound curtain to mitigate interior restaurant ambient noise levels to the exterior. 12. The side door (s) on the west side of the building shall be kept closed at all times during the operation of the premises except in cases of emergency, normal entering and exiting of patrons and to permit deliveries. 13. The petitioner(s) shall place a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, on the exterior of the premises. It shall be the petitioner(s) responsibility to ensure that CPC Section 602 is complied with at all times that the premises are in operation. 14. The applicant shall be responsible for providing the Chief of Pol ice or his designate a monthly schedule of all events, event hours of operation, promoters of the event, prior locations where the promoter has conducted business and prior locations where the events have occurred. This schedule shall also include, but not be limited to, the number of security guards assigned, the anticipated attendance and the name and emergency number of the responsible party. All events shall be subject to prior Police Department approval. 15. Amplified music in the patio area is prohibited after 6:00 p.m. Monday through Friday and 10:00 p.m. on Saturday and Sunday. 16. At all times that dancing or entertainment is being conducted, the applicant must provide a minimum of one uniformed State licensed security guard for every 100 persons in attendance per event. 17. There shall be an additional guard assigned to the parking lot who will be responsible for ensuring the safety of patrons who utilize that lot. 18. Guards shall remain on the premises until all activity has ceased and all patrons have cleared the parking area. 75A-33 JUNE 13, 2005 PAGE40F4 19. The Chief of Police, or his designate, shall first approve every security guard employed by the applicant. 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 permittee shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police. 75A-34 ORDINANCE NO. NS-2692 AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 72 (SD-72) TO AllOW OUTDOOR SPECIAL EVENTS, TO AMEND RESTAURANT HOURS OF OPERATION, TO INCREASE THE NUMBER OF MUSICIANS, AND TO AMEND THE OUTDOOR LIVE ENTERTAINMENT HOURS OF OPERATION THE CITY COUNCil OF THE CITY OF SANTA ANA DOES ORDAIN AS FOllOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. The applicant is requesting an amendment to Specific Development No. 72 (SD-72), an amendment of Conditional Use Permit No. 2003-37 for a Type 47 Alcoholic Beverage Control license, and the adoption of Conditional Use Permit No. 2005-19 at Original Mike's Restaurant located at 100 South Main Street. Applicant is proposing to: 1. To serve alcoholic beverages until 2:00 a.m. 2. To allow exterior special events on the premises 3. To allow a cover charge to enter the premises 4. To allow amplified music within the outdoor patio area. 5. Extend the hours of operation for the outdoor patio to 9:00 a.m. through 6:00 a.m. Monday through Thursday and 9:00 a.m. to 10:00 p.m. on Friday, Saturday and Sunday. 6. To allow more than a three piece band within the outdoor area. 7. To allow seven musicians with amplified instruments within the interior of the premises. B. Amendment Application No. 2005-02 has been filed with the City of Santa Ana to change Specific Development No. 72 (SD-72) to allow outdoor special events, to amend restaurant hours of operation to 7:00 a.m. and 2:00 a.m., to allow seven musicians, and to allow outdoor live entertainment Monday through Thursday from 9:00 a.m. to 6:00 p.m. and Friday Saturday and Sunday from 9:00 a.m. to 10:00 p.m. C. Zoning Ordinance Amendment No. 2005-02 came before the Planning 75A-35 Commission of the City of Santa Ana for a public hearing on June 13, 2005. The Planning Commission voted by a vote of 6:0 (Leo absent), to recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2005-02. D. The Planning Commission determined that Amendment Application No. 2003-09 is consistent with the General Plan, including but not limited to its goals and policies to: 1. Support live/work opportunities within specifically defined areas (Policy 1.2). 2. Protect and enhance development sites and districts which are unique community assets that enhance the quality of life (Goal 4.0). 3. Encourage development which is compatible with, and supportive of surrounding land uses (Policy 5.5). 4. Promote development which has a net community benefit and enhances the quality of life. (Policy 5.1). B. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on July 5, 2005. The City Council also adopts as findings all facts presented in the Request for Council Action dated July 5, 2005 accompanying this matter. C. For these reasons, and each of them, Amendment Application No. 2005-02 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt. No further environmental review is needed. Environmental Review No. 2005-66 will be filed for this project. Section 3. The amendments to Specific Development No. 72 (SD-72) as attached to this Ordinance, is hereby approved and adopted. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _ day of ,2005. 75A-36 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABST AI N: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2692 to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A-37 SPECIFIC DEVELOPMENT NO. 72 (First and Main) SECTION 1 APPLlCABLlTY OF ORDINANCE The specific development zoning district for the subject property, as authorized by Chapter 41, Division 26, Section 41-593 et seq., of the Santa Ana Municipal Code, is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code shall apply unless expressly waived or superseded by this ordinance. SECTION 2 PURPOSE This Specific Development Plan No. 72 (SD 72) sets forth the development and design criteria for the project known as the Artist Gateway, a mixed used development consisting of approximately 1.7 acres. The purpose of this Specific Development Plan is to permit maximum flexibility in site planning and design to respond to market while assuring high quality development and implementing the goals of the General Plan. SD 72 specifically will establish the following: a. The authorized uses for the site; b. Maximum authorized development densities; c. Development and operational standards including: I. Architectural Design ii. Parking requirements iii. Setback requirements IV. Building height limits v. Maximum site coverage VI. Landscaping and signage standards vii. Public and Private Open Space viii. Enforcement policies ix. Signage SECTION 3 OBJECTIVES The SD-72 use district is hereby established for the express purpose of protecting the health, safety, and general welfare of the people of the City 75A-38 by promoting and enhancing the value of properties and encouraging orderly development including: a. Flexibility of development in response to market conditions, while achieving overall City and community goals. b. Creation of live/work opportunities and moderately priced new housing that encourage the arts and freelance market. c. Capitalize on the Historic Downtown revitalization, the Artist Village, and the live/work loft projects in the immediate area to allow an opportunity for additional live/work possibilities. d. A visually harmonious development as viewed both internally and externally. e. A circulation system that is responsive to the needs of both vehicular and pedestrian travel. f. Landscaping that is appropriate to the level of development and sensitive to the surrounding community. g. Create an enhanced access to downtown that promotes a walkable community, which will assist in the revitalization the local area. SECTION 4 LOCATION The Specific Development Plan No. 72 includes 1.7 acres and is located at the southwest corner of First and Main Streets, bordered by Walnut and Sycamore Streets. The historic United Automotive building occupies the northeast corner of the project site. On-site parking is provided on the remainder of the project site. Santa Ana's historic Downtown is located immediately to the north of this development area. The Downtown area is a harmonious blend of historic buildings, the emerging Artist Village, as well as live/work possibilities and a culturally enriched retail market. This intersection also is recognized as a gateway that leads directly into the Downtown and civic center area. SECTION 5 USES PERMITTED a. Retail and service uses, excluding bail bonds. b. Commercially operated professional studios c. The following creative arts uses: i. Fine arts studios and/or galleries ii. Fiber arts studios and/or galleries iii. Printing, lithography and calligraphy facilities iv. Photography studios d. Restaurants, cafes, and eating establishments, other than those specified in Section 6, excluding eating establishments with drive- 75A-39 thru window service, adult entertainment businesses as defined in SAMC section 41-1701.6, night clubs as defined in Chapter 11 and heavier commercial uses such as auto sales or repair, rental yards and hospitals shall be prohibited in the SD. e. Ancillary banquet facilities, subject to development and operational standards set forth in section 41-199.1. f. Cyber cafes as defined in Santa Ana Municipal Code (SAM C) 41- 45, as an ancillary use to a restaurant, provided they are carried on in accordance with sections 41-198.200 of the SAMC as it may be amended from time to time, and provided a ministerial land use certificate is first obtained in accordance with sections 41-675 through 41-677 of the SAMC. With the exception of Section 41- 198.200 (d), which states "No persons shall be permitted to consume alcohol on the premises" shall not be applied to Land Use Certificates issued for properties within the Specific Development No. 72. SECTION 6 CONDITIONALLY PERMITTED USES a. Fourteen (14) Live/work units. b. Nine (9) housing units. c. Ceramic and pottery studios. d. Glass blowing and sculpturing studios e. On-site alcohol beverages control license as an ancillary f. use, in conjunction with an eating establishment. g. Banquet facilities, as a primary use, subject to development and operational standards set forth in section 41-199-.1 . h. Retail markets having less than twenty thousand (20,000) square feet. I. Indoor/Outdoor Entertainment as defined in Chapter 41 of the SAMC. SECTION 7 DEVELOPMENT STANDARDS a. Standards for Commercial Development i. Unless expressly waived or superseded by this ordinance, all commercial development shall comply with the provisions as outlined within Chapter 41 , Article 111, Division 13, C2 (General Commercial), of the Santa Ana Municipal Code as it may be amended from time to time. 75A-40 b. Standards for Live/Work Development i. Building height in Specific Development 72. No structure shall exceed forty- five (45) feet in height. ii. Yard requirements Specific Development 72. 1. A setback of not less than 15 feet shall be required for any new commercial building. 2. A setback of not less than five (5) feet along any property line to the extent it serves to separate any off- street parking area from the street. iii. Development Density in Specific Development 72 1. The floor area ratio for commercial development may not exceed 1.0. Additional Development Standards Development standards for SO 72 will be refined in conjunction with the anticipated live/work project through an amendment. This will include architectural design, setbacks and side yard requirements, building height limits, maximum site coverage, private and public open space, guest and customer parking requirements, landscaping standards, signage standards, and public and private open space. The restaurant must be maintained as a bona fide eating establishment. An eating establishment as defined by the Alcoholic Beverage Control Board and the Planning Commission must include the following items: a. One conventional range/oven b. An automatic dishwasher c. A double sink d. A 25 cubic foot refrigerator e. A four-foot by six-foot food preparation area f. The restaurant shall provide a grease interceptor and garbage disposal. Off-street parking for Specific Development No. 72 a. The minimum off-street parking requirements for restaurants, cafes and other eating establishments are as follows: ten (10) spaces for each one thousand (1,000) square feet of gross floor area, including the open-air, plaza dining area. 75A-41 b. The minimum off-street parking requirements for retail and service uses not otherwise specified in this division are as follows: five (5) spaces for each one thousand (1,000) square feet of gross floor area. c. Parking for the residential units shall be provided at a rate of one and a half (1.5) spaces per unit. One space per unit must be located in a garage. Accessible guest parking at a rate of ten (10) percent of the total number of parking spaces shall be provided. d. Dedicated parking spaces shall be provided for the existing rental housing component. Landscape Requirements for Specific Development No. 72 a. A minimum five-foot landscaped front yard setback is required within the parking areas along First Street, Main Street, Walnut Street, and Sycamore Street. b. The pedestrian plaza area should incorporate a double row of trees or a specific pattern designed to lead pedestrians through the plaza to the adjacent entrance of the building. c. Vehicular parking may not be located within any required landscaped area. d. A combination of trees and shrubs as identified in the commercial landscape standards shall be used on all street frontages. The on-site tree should be the same or complement the designated street tree for that particular street. Vines, such as Boston Ivy, shall be used on the trash enclosure. Public Art in Specific Development 72 The plaza/courtyard area shall provide amenities that encourage pedestrian use such as seating area and objects of public art. If water features are included in the plaza/courtyard area or other landscaping areas, the water feature shall use non-potable or recycled "gray water" and specialized equipment to conserve water. The amenities provided shall be reviewed and approved by the Planning Division as part of the site plan review process. Pedestrian Plazas and Walkways Specific Development 72 A pedestrian plaza is required in conjunction with the restaurant. The plaza area shall be a minimum of 50 feet by 125 feet and abut on the west 75A-42 elevation of the United Automotive Building. The plaza area shall be enhanced, incorporating decorative paving and shall be enclosed with a decorative wrought iron fence. The applicant will need to execute a Right- of-Entry and License Agreement with the City to develop the plaza area on this parcel. Interior primary pedestrian walkways shall be a minimum of eight feet wide and decorative in design. Walkways are those that connect a pedestrian from the parking area to the front entry. A four-foot handicap accessible walkway is to be provided throughout the interior sidewalks and courtyard/plaza areas. The primary entrance door to the restaurant shall be located at the north vestibule entry located on the west elevation to the building restaurant. This entrance shall include an interior sound curtain to mitigate interior restaurant ambient noise levels to the exterior. All doors on the west elevation shall remain closed during business hours. Outdoor Special Event ReQuirements for Specific Development No. 72 a. Outdoor special events shall be subiect to the requirements set forth herein. The Santa Ana Municipal Code sections pertaininq to land use certificates shall not apply to this zoninq desiqnation. b. Outdoor special events shall be limited to antique car shows. vintaqe car shows. motorcycle shows and art exhibits. Similar uses may be submitted to the Planninq Manaqer for review and approval. c. Outdoor special events shall be limited to Saturday. Sundavs and Monday Holidays only. Monday holidays include Martin Luther Kinq Day. President's Day. Memorial Day, Fourth of July. Labor Day. Veteran's Day and New Year's Day. d. Hours of operation for outdoor special events shall be limited to between the hours of 7:00 a.m. and 10:00 p.m. e. Outdoor special events shall be limited to no more than six days per month and may occur on Saturday. Sunday and/or Monday holidays. SECTION 8 OPERATIONAL STANDARDS a. The existing United Automotive Building is listed in the Santa Ana Register of Historical Property and has been categorized as Contributive. Fac;ade changes or modifications to structures listed on 75A-43 the Santa Ana Register of Historic Properties are subject to review by the Historical Resources Commission. Any new construction or modification, or building relocation requires City review and building permits. b. Restaur~mt operations shall be closed at _ 12:00 a.m. midnight to all patrons and allow for restaurant staff to conduct the necessary closing procedures including clean up until 1 :00 a.m. There shall be no business operations between 11 :00 a.m. and 5:00 a.m. c. The operation of any restaurant shall be permitted between the hours of 7:00 a.m. and ~2:00 a.m., seven days a week. The restaurant shall be closed at 12:00 a.m. midnight to all patrons and allow for restaurant staff to conduct the necessary closing procedures including clean up until 1 :00 a.m. Additionally, there shall be no business operations between ~ ~:oo a.m. and 5:00 a.m. d. Indoor live entertainment shall be limited to a maximum of seven five musicians with amplified instruments and shall not exceed the noise standards set forth in SAMC 18-308 through 18-321. e. The doors on the west side of the facility will be required to remain shut at all times except for ingress/egress purposes. Outdoor live entertainment shall be allowed Mondav throuqh Thursdav from 9:00 a.m. to 6:00 p.m. and affiy on Friday, Saturday and Sunday from ~ -W:OO a.m. to 10 a:OO p.m., shall be limited to a maximum of five tRfee musicians with OOR-amplified instruments, including no brass or percussion, and shall not exceed the noise standards set forth in SAMC 18-308 through 18-321. The musicians shall be located on the south portion of the pedestrian plaza area only. f. Any public dance hall, dance place or public dancing place as defined in Chapter 11 of the SAMC will be subject to Police Department approval and be subject to all standards set forth in Chapter 11 of the SAMC. g. All banquet uses must conform to the operational standards set forth in Section 41-199.1 of the SAMC, including ancillary banquet uses intermittently associated with full service sit-down restaurants. h. The new infill residential component is permitted only in combination with individual studios in a manner that provides an integrated working and living environment. i. All live/work units shall be at least one thousand (1000) square feet in size. j. The residential component of a live/work unit shall meet the following standards: 75A-44 i. It shall have a space of at least five hundred (500) square feet of residential living area. ii. It shall have access to separate bathroom facilities, including a water closet, a wash basin, and a bathtub or shower. iii. It shall have separate kitchen facilities including a kitchen sink, cooking appliances and refrigerator. All such facilities shall have a clear working space of at least thirty (30) inches in front. iv. It shall comply with all Housing Code requirements as modified by section 8-2700 of the Santa Ana Municipal Code. v. Each individual unit shall accommodate facilities for a washer and dryer. k. The existing rental housing component shall meet the following standards: I. It shall have a space of at least three hundred and eighty-two (382) square feet. II. It shall have access to separate bathroom facilities, including a water closet, a wash basin, and a bathtub or shower. iii. It shall have separate kitchen facilities including a kitchen sink, cooking appliances and refrigerator. All such facilities shall have a clear working space of at least thirty (30) inches in front. IV. It shall comply with all Housing Code requirements as modified by section 8-2700 of the Santa Ana Municipal Code. SECTION 9 SIGNAGE STANDARDS All signage shall comply with the provisions as outlined within Chapter 41, Article XI, "On-Premise Signs" of the Santa Ana Municipal Code as it may be amended from time to time. A planned sign program, pursuant to Sections 41-880 through 41-884 of the Santa Ana Municipal Code, shall be required for all buildings to ensure sign compatibility 75A-45 SECTION 10 PLANNING COMMISSION AND CITY COUNCIL APPROVALS This is a key area for future development and this project will set the example for all subsequent residential development in the area. To ensure the quality of the design and the architectural style, as well as the layout of the units, any new development project will require Planning Commission and City Council approvals. 75A-46 KG -06/28/05 RESOLUTION NO. 2005-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CONDITIONAL USE PERMIT NO. 2003-37 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 100 SOUTH MAIN STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting an amendment to Specific Development No. 72 (SD-72), an amendment of Conditional Use Permit No. 2003-37 for a Type 47 Alcoholic Beverage Control license, and the adoption of Conditional Use Permit No. 2005-19 at Original Mike's Restaurant located at 100 South Main Street. Applicant is proposing to: 1. To serve alcoholic beverages until 2:00 a.m. 2. To allow exterior special events on the premises 3. To allow a cover charge to enter the premises 4. To allow amplified music within the outdoor patio area. 5. Extend the hours of operation for the outdoor patio to 9:00 a.m. through 6:00 a.m. Monday through Thursday and 9:00 a.m. to 10:00 p.m. on Friday, Saturday and Sunday. 6. To allow more than a three piece band within the outdoor area. 7. To allow seven musicians with amplified instruments within the interior of the premises. B. The amendment to Conditional Use Permit No. 2003-37 came before the Planning Commission of the City of Santa Ana for a public hearing on June 13, 2005. The Planning Commission voted by a vote of 6:0 (Leo absent), to recommend that the City Council adopt a resolution approving the amendment to Conditional Use Permit No. 2003-37. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption. 75A-47 D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The restaurant is providing a service and is benefiting the community by providing an eating establishment in the downtown area. Conditions have been placed on the restaurant that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. 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 restaurant will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negative or adverse impacts. The extended hours of operation will be mitigated through the existing conditions of approval that have been adopted for the project. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The 1.7 -acre site has been operating as a restaurant for approximately seven months. The expanded hours of operation, outdoor special events and additional band members within the restaurant will increase the patronage to the restaurant, thereby enhancing the profitability of the business and identifying the use and site as economically stable and viable for the surrounding properties in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed by Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The restaurant will not adversely affect the General Plan. Restaurants and ancillary uses such as the number of allowable musicians within the premises are permitted within the Specific Development No. 72 (SD-72) zoning district anda 75A-48 the District Center (DC) General Plan designation. Additionally, the use as conditioned is in compliance with the regulations identified in the zoning code. E. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt. No further environmental review is needed. Environmental Review No. 2005-66 will be filed for this project. Section 2. The City Council of the City of Santa Ana hereby, approves amended Conditional Use Permit No. 2003-37 as conditioned in Exhibit "A" attached hereto and incorporated herein. Amended Conditional Use Permit No. 2003-37 shall become effective after the City Council of the City of Santa Ana approves and adopts Ordinance No. NS-2692. Should the City Council fail to approve and adopt said ordinance, the amended Conditional Use Permit No. 2003-37 shall be null and void and shall have no further force and effect. ADOPTED this _ day of July, 2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 75A-49 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-070 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75A-50 Conditions for Approval for Amended Conditional Use Permit No. 2003-37 Conditional Use Permit No. 2003-37 is hereby amended 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 Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior 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. A. PlanninQ Division 1 . Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. 2. The restaurant must be maintained as a bona fide eating establishment. An eating establishment as defined by the Alcoholic Beverage Control Board and the Planning Commission must include the following items: a. One conventional range/oven b. An automatic dishwasher c. A double sink d. A 25 cubic foot refrigerator e. A four-foot by six-foot food preparation area 3. The alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. 4. The restaurant shall provide a grease interceptor and garbage disposal. 5. The project shall remain in compliance with Site Plan Review (DP No. 03- 18). B. Police Department 1. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. 2. Full menus shall be available at the counter/bar and food service must be available during all operational hours. Exhibit A PC!Se 1 of 5 (5A-51 3. At all times, when the premises is open for business, the sale of alcoholic beverages shall be made only in conjunction with the sale of food to the person ordering the food. 4. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 5. 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. 6. It shall be the applicant(s) responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises, with the exception of the pedestrian plaza as indicated in Condition No. 21, under the control of the applicant(s). 7. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 8. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 9. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. All graffiti must be removed within 24 hours of occurrence. 10. There shall be no pool tables, coin-operated games, or video machines maintained upon the premises at any time. 11. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. 12. The premises shall be maintained as a bona fide eating establishment and shall provide a menu containing an assortment of foods normally offered in restaurants. 13. The sales, service, and consumption of alcoholic beverages within the restaurant shall be permitted only between the hours of 10:00 a.m. and 2:00 a.m. The sales, service and consumption of alcoholic beverages on the patio area after 1 :00 a.m. are strictly prohibited. 14. This land use authorization is only applicable to a type 47 on-sale general, public eating-place only. Any other type of license use at this location will require a new land use clearance. 75A-52 15. This conditional use permit shall be reviewed by the Police Department after 90 days, six months and one year, and annually thereafter for modifications or violations of any of the conditions. 16. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board all conditions must be complied with. 17. The vestibule entry to the building shall be the primary entrance to the restaurant. This entrance shall include an interior sound curtain to mitigate interior restaurant ambient noise levels to the exterior. 18. The side door(s) on the west side of the building shall be kept closed at all times during the operation of the premises except in cases of emergency, normal entering and exiting of patrons and to permit deliveries. 19. Petitioner will install a silent armed robbery alarm. 20. The petitioner(s) shall place a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, on the exterior of the premises. It shall be the petitioner(s) responsibility to ensure that CPC Section 602 is complied with at all times that the premises are in operation. 21. Should the pedestrian plaza be used for serving purposes, a site plan shall be submitted to the City for review and approval indicating the service area be limited to 24 seats, six tables, and four chairs per table (24 patrons) in the designated 50-foot by 125-foot plaza area. The pedestrian plaza shall be enclosed with a minimum 36-inch high, wrought iron fence that will include an existing wall on the side of the plaza. The fence enclosure shall include a gate that will meet uniform building egress/ingress codes with a minimum setback from public right-of-way of five feet. 22 . The applicant shall be responsible for providing the Chief of Police or his designate a monthly schedule of all events, event hours of operation, promoters of the event, prior locations where the promoter has conducted business and prior locations where the events have occurred. This schedule shall also include, but not be limited to, the number of security guards assigned, the anticipated attendance and the name and emergency number of the responsible party. All events shall be subject to prior Police Department approval. 23. Amplified music in the patio area is prohibited after 6:00 p.m. Monday through Thursday and 10:00 p.m. on Friday, Saturday and Sunday. Exhibit A pa75~~53 24. At all times that dancing or entertainment is being conducted, the applicant must provide a minimum of one uniformed State licensed security guard for every 100 persons in attendance per event. 25. There shall be an additional guard assigned to the parking lot who will be responsible for ensuring the safety of patrons who utilize that lot. 26. Guards shall remain on the premises until all activity has ceased and all patrons have cleared the parking area. 27. The Chief of Police, or his designate, shall first approve every security guard employed by the applicant. 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 permittee shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police. 29. All outdoor special events shall require Police Department and Fire Department formal review and approval to insure all traffic, noise and safety concerns are properly mitigated. 30. All outdoor special events require the submittal of an application in writing to the Police Department's Crime Prevention Unit by each individual promoter once a month and at least ten working days prior to the first day of the month for which the events will occur. The application shall include the following information: an on-site contact person and cell phone number, the type of event, a site plan, the expected attendance, the type of entertainment provided, and any other information needed by the Police Department. 31. For all outdoor special events, the Police Department shall add appropriate mitigation measures, which may include the assignment of Police Officers and or a specified minimum number of State licensed uniformed security guards if determined to be necessary by the Chief of Police or his designate, at the applicant's expense. If guards are required, they will be in addition to any other security guard requirements mandated under the Specific Development. 32. For all outdoor special events, the promoter shall direct patrons to off-site parking areas in all of their printed media, including but not limited to tickets, flyers and newspaper advertisements relating to the event. 33. For all outdoor special events, there shall be no exterior sales, service and consumption of alcoholic beverages in the parking lot areas. 75A-54 34. For all outdoor special events, vendor booths shall be prohibited. In addition, there shall be no product sales of any kind associated with the special events, nor shall the applicant rent out any portion of the parking lot for these events. Exhibit A paae 5 of 5 ( 5A-55 KO - 6/28/05 RESOLUTION NO. 2005-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2005-19 AS CONDITIONED TO ALLOW A COVER CHARGE FOR THE PROPERTY LOCATED AT 100 SOUTH MAIN STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: A. Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares The applicant is requesting an amendment to Specific Development No. 72 (SD-72), an amendment of Conditional Use Permit No. 2003-37 for a Type 47 Alcoholic Beverage Control license, and the adoption of Conditional Use Permit No. 2005-19 at Original Mike's Restaurant located at 100 South Main Street. Applicant is proposing to: 1. To serve alcoholic beverages until 2:00 a.m. 2. To allow exterior special events on the premises 3. To allow a cover charge to enter the premises 4. To allow amplified music within the outdoor patio area. 5. Extend the hours of operation for the outdoor patio to 9:00 a.m. through 6:00 a.m. Monday through Thursday and 9:00 a.m. to 10:00 p.m. on Friday, Saturday and Sunday. 6. To allow more than a three piece band within the outdoor area. 7. To allow seven musicians with amplified instruments within the interior of the premises. B. Conditional Use Permit No. 2005-19 came before the Planning Commission of the City of Santa Ana for a public hearing on June 13, 2005. The Planning Commission voted by a vote of 6:0 (Leo absent), to recommend that the City Council adopt a resolution approving Conditional Use Permit No. 2005-19. C. SD-72 requires a conditional use permit for Indoor/Outdoor Entertainment. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 75A-56 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The restaurant is providing a service and is benefiting the community by providing an eating establishment with indoor entertainment in the downtown area. Conditions have been placed on the restaurant that will mitigate any potential impacts created by the indoor entertainment use and ensure that the use will not negatively affect the surrounding community. 2. 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 restaurant will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negative or adverse impacts. The indoor entertainment use will be mitigated through the existing and additional conditions of approval that have been adopted for the project. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The 1.7-acre site has been operating as a restaurant for approximately seven months. The cover charge, in conjunction with allowing additional band members within the restaurant, will increase the patronage to the restaurant, thereby enhancing the profitability of the business and identifying the use and site as economically stable and viable for the surrounding properties in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed by Chapter 41 of the Santa Ana Municipal Code and Specific Development No. 72 (SD-72). 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The restaurant will not adversely affect the General Plan. Restaurants and ancillary uses such as cover charges to enter the premises are permitted within the Specific Development No. 72 (SD-72) zoning district and the District Center (DC) General Plan designation with a conditional use 2 75A-57 permit. Additionally, the use as conditioned is in compliance with the regulations identified in the zoning code. E. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt. No further environmental review is needed. Environmental Review No. 2005-66 will be filed for this project. Section 2. Based upon the evidence submitted at the abovesaid hearing which includes but not is not limited to: the Staff report and exhibits attached thereto; and the public testimony; all of which are incorporated herein by this reference, the City Council of the City of Santa Ana hereby approves Conditional Use Permit No. 2005-19 as conditioned in Exhibit "A" attached hereto and incorporated herein. Conditional Use Permit No. 2005-19 shall become effective after the City Council of the City of Santa Ana approves and adopts Ordinance No. NS-2692. Should the City Council fail to approve and adopt said ordinance, Conditional Use Permit No. 2005-19 shall be null and void and shall have no further force and effect. ADOPTED this _ day of July, 2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Council members 75A-58 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-071 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 4 75A-59 Conditions for Approval for Conditional Use Permit No. 2005-19 Conditional Use Permit No. 2005-19 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 Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior 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. A. PlanninQ Division 1. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. 2. The restaurant must be maintained as a bona fide eating establishment. An eating establishment as defined by the Alcoholic Beverage Control Board and the Planning Commission must include the following items: a. One conventional range/oven b. An automatic dishwasher c. A double sink d. A 25 cubic foot refrigerator e. A four-foot by six-foot food preparation area 3. The alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. 4. The restaurant shall provide a grease interceptor and garbage disposal. 5. The project shall remain in compliance with Site Plan Review (DP No. 03- 18). B. Police Department 1. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. pi51~o 2. At all times, when the premises is open for business, the sale of alcoholic beverages shall be made only in conjunction with the sale of food to the person ordering the food. 3. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 4. It shall be the applicant(s) responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises, with the exception of the pedestrian plaza, under the control of the applicant(s). 5. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 6. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 7. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. All graffiti must be removed within 24 hours of occurrence. 8. There shall be no pool tables, coin-operated games, or video machines maintained upon the premises at any time. 9. This land use authorization is only applicable to a type 47 on-sale general, public eating-place only. Any other type of license use at this location will require a new land use clearance. 10. This conditional use permit shall be reviewed by the Police Department after 90 days, six months and one year, and annually thereafter for modifications or violations of any of the conditions. 11. The vestibule entry to the building shall be the primary entrance to the restaurant. This entrance shall include an interior sound curtain to mitigate interior restaurant ambient noise levels to the exterior. 12. The side door(s) on the west side of the building shall be kept closed at all times during the operation of the premises except in cases of emergency, normal entering and exiting of patrons and to permit deliveries. 13. The petitioner(s) shall place a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, on the exterior of the premises. It shall be the petitioner(s) responsibility to ensure that CPC Section 602 is complied with at all times that the premises are in operation. 2 75A-61 14. The applicant shall be responsible for providing the Chief of Police or his designate a monthly schedule of all events, event hours of operation, promoters of the event, prior locations where the promoter has conducted business and prior locations where the events have occurred. This schedule shall also include, but not be limited to, the number of security guards assigned, the anticipated attendance and the name and emergency number of the responsible party. All events shall be subject to prior Police Department approval. 15. Amplified music in the patio area is prohibited after 6:00 p.m. Monday through Thursday and 10:00 p.m. on Friday, Saturday and Sunday. 16. At all times that dancing or entertainment is being conducted, the applicant must provide a minimum of one uniformed State licensed security guard for every 100 persons in attendance per event. 17. There shall be an additional guard assigned to the parking lot who will be responsible for ensuring the safety of patrons who utilize that lot. 18. Guards shall remain on the premises until all activity has ceased and all patrons have cleared the parking area. 19. The Chief of Police, or his designate, shall first approve every security guard employed by the applicant. 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 permittee shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police. Exhibit A FJ5A862