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HomeMy WebLinkAbout31A - 2323 WEST FIRST STREET CITY COUNCIL MEETING DATE: REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: NOVEMBER 20, 2006 TITLE: MODIFY CONDITIONAL USE PERMIT NO. 1990-01 TO EXTEND THE HOURS OF OPERATION FOR THE EL FLAMINGO RESTAURANT AND NIGHTCLUB LOCATED AT 2323 WEST FIRST STREET - LUIS GONZALES, APPLICANT .//} /J .~ U~a- c;... CITY MANAGER APPROVED D As Recommended D As Amended D Ordinance on 151 Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For CONTINUED TO -----'-.., FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving amendment to Conditional Use Permit No. 1990-01 as conditioned. PLANNING COMMISSION ACTION On October 23, 2006, the Planning Commission approved amendment to Conditional Use Permit No. 1990-01 as conditioned by a vote of 7:0 to modify an existing condition of approval to allow the EI Flamingo Nightclub and Restaurant to operate until 1:30 a.m. in the Light Industrial (M1) zoning district at 2323 West First Street. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. ~. Tre:ino Executive Director Planning & Building Agency VF:rb vf\reports\cup90-01 amend.cc 31A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: OCTOBER 23, 2006 TITLE: PUBLIC HEARING - FILED BY LUIS GONZALEZ TO MODIFY CONDITIONAL USE PERMIT NO. 1990- 01 TO EXTEND THE HOURS OF OPERATION FOR THE EL FLAMINGO RESTAURANT AND NIGHTCLUB LOCATED AT 2323 WEST FIRST STREET 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 ~b<~ Executive Dir tor ~~I~ RECOMMENDED ACTION Adopt a resolution approving amendment to Conditional Use Permit No. 1990- 01 as conditioned. DISCUSSION Request of Applicant Mr. Luis Gonzalez is requesting approval to modify a condition of an existing conditional use permit and allow the EI Flamingo Nightclub and Restaurant located at 2323 West First Street to operate until 1:30 a.m. Property Description The project site is a 1.02-acre parcel of land located at the northwest corner of First and Clara Streets. The restaurant is located wi thin a 3,400 square feet tenant space that is part of a 17,300 square foot commercial center. A total of 75 parking spaces are provided on the site. The General Industrial Surrounding south, east Plan land use designation for the project site is Light (M1) and the zoning designation is Industrial (IND) . land uses include commercial and industrial to the north, and west (Exhibits 1 and 2) . Project Description Luis Gonzalez is requesting approval to amend Condition No. 8 of Conditional Use Permit No. 1990-01 and allow the EI Flamingo Nightclub and Restaurant to operate until 1:30 a.m. seven days a week. EI Flamingo has EXHIBIT A 31A-2 Amendment to CUP No. 1990-01 October 23, 2006 Page 2 been operating at this location since 1985 and currently possesses a Type 41 (on-premise beer and wine) alcoholic beverage control license. The restaurant, which specializes in the preparation of Mexican cuisine, consists of approximately 3,400 square feet of floor area and has seating for about 88 patrons. The restaurant is currently open from 12: 00 noon until 1:30 a.m. Monday through Friday and from 9:00 a.m. through 1:30 a.m. on Saturday and Sunday (Exhibits 3 and 4) . Analysis of the Issues The applicant is requesting to modify an existing condition of approval and allow the facility to operate until 1:30 a.m. seven days a week. Condition No. 8 of Conditional Use Permit No. 1990-01 limits the hours of operation of alcohol sales to 10: 10 p.m. Sunday through Thursday. The applicant has been operating until 1: 30 a .m. for the past few years, unaware of the condition of approval. The Planning Division and Police Department have reviewed the application for compliance with all applicable codes. The Police Department has noted that the restaurant is located wi thin Reporting District No. 105, which ranks 24th out of 102 Citywide Districts in total number of police-related incidents. This places the restaurant in an area of the City considered above average in police-related incidents. In order to determine if a premise may operate after hours, a review of calls for service to the restaurant are analyzed. A total of 36 calls for service have been generated from the premises since January 2005. Of these calls, a maj ori ty are considered to be nuisance related calls such as disturbing the peace (six calls). In addition, two calls for armed robbery were recei ved; however, these occurred after close of business and were not directly attributed to the business. One report of assault was received during the restaurant's operating hours. To ensure that the number of Police related service calls to the restaurant are minimized and ensure the business operates as a bona fide eating establishment and does not emerge as a bar, the Police Department is proposing additional conditions of approval that will assist in mi tigating potential negative effects this restaurant may have on the community. The facility, which has been operating since 1985, has established a satisfactory track record in addressing crime related concerns. The extended hours, in conjunction with the conditions of approval, will continue to address Police Department concerns regarding public safety. Therefore, staff recommends that the Planning Commission approve the amendment to Conditional Use Permit No. 1990-01 as conditioned. 31A-3 Amendment to CUP No. 1990-01 October 23, 2006 Page 3 CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the licensing of an existing use with no expansion. Categorical Exemption No. 2006-114 will be filed for this project. ,1 L. Vince Fregoso, Senior Planner VF:jm vf\reports\cup90-01 amend.pc 31A-4 1,IM :Sl R1 111M Sl Rl 101M SI Rl 9TH Sf Rl R1 R1 R1 R1 R1 Wl.c;TI=RIA PI R1 /1 Al -B C-SM Cl Cl-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAL-MUSEUM 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 Rl R2 R3 A4 RE SO SP SINGLE-FAMILY RESIDENCE TWO-FAMILY RESIDENCE MULTIPLE-FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN .:=.,;:::/. . /=- . AMENDMENT TO CUP 90-1 EL FLAMINGO RESTAURANT AND NIGHTCLUB 2323 W. FIRST STREET ~ cPf - = 500 FEET 1" = 1000 FEET p LAN N N G A N o B u L 0 N G A G E N c y VICINITY MAP EXHIBIT 1 31A-5 THIRD STREET Lu COMMERCIAL IN US ~RIU Lu 0 0 - - lJ.. lJ.. lJ.. lJ.. a SECOND STREET a COMMERCIAL I- L l w w ~ ~ l- I V D S T RI L (/) ~ <C a COMMERCIAL 0 PROJECT ~ <C SIT E ..J (.) co MM. C ( MM Rei A L FIRST STREET INDUSTRIAL COM M. MOBILE HOMES S}...\. ..-.:'. .. ~--. AMENDMENT TO CUP 90-1 EL FLAMINGO RESTAURANT AND NIGHTCLUB ~ 2323 W. FIRST STREET rPY' PLANNING AND BUILDING AGE N C Y LAND USE MAP EXHIBIT 2 31A-6 '" '" ~ ~ ~ '- z '" l~ I!!! !.~ ~ ." :~ !: ~Iz 'J> I~ ,'0 l~ \> ~ I I' I D I ____ g ____~__J &9 Em ,,0 l;~ ~ifi ~~ '" I 67 G6 ,';5 64- 63 t:;l~;' 6. It 30'--0"::: 'B..c ! I I I tl1k I I iJ! . 1"~'iC~ ! "I +d "I" 't' I ~J49 ~B k1t6145[~ IlL-L_ ~___ _ __L_ '~ tl ~I <0:,1 ~I ~'.::. 'j) N "- ~ -'H.~-FLANiING-O MEXICAN RESTAURANT. MR. LUIs-RICARDO'GONZALEZ 'v-/, 1 ,T AND NIGHTCLUB 2 2323 WEST 1 ST STREET SANTA ANA, CALIFORNIA 9270.3 i_~!~__8!f1;.~~J ~<.?~~~~~~7_~_~_~ ;0 '" " 'w ,11 '" t. "-\~ "" to . . I i -j I I , , ! [' \ 5> ),' ~ y !B'~_,')' > , ~ ~ + ! OWNER OF RESTAURANT , 710 S. NAKOMA DRIVE i SANTA ANA, CALIFORNIA 92704 jfI'1~) 39().96()l!__ _____ .'----REVISloNS. _~=~~-~-,~='Q.~~~_,"_".;=~~~_.w,-~~~~~~~~:,=.J . JERRY HELGUERO ' FRANK MITCHELL, III. ' i CONTRACTOR MITCHELL DESIGN i 2525 W. LINCOLN AVE. P.O. BOX 29131 ANAHEIM, CALIF. 92801 . SANTA ANA, CALIF. 92799 _I JI'1.41~00..12.:!.~______: J714) 2~-41_7'~___ j1. , 2. i3. I.. !5. 6. AMEND~~UP 90-1 9Ht>"OO1: (t.~L) 66L~6 "=-nvo '''NV VJ.NYS ~E ~61: XOB 'O'd N9IS30 113H0.1IW 'III '113H:>.1IW )tN'ltlf~ " AB NM'ltIlO 1:E1: ~"009 (t>~L) >08<:6 ,~.,'It:> 'WI3H'ltN'It '3^'It N100NI1 'M S1:S1: 1I0.10'ltlf.1NO:> Olf3nn13H AlIlf3r ., '5 ., T ., ., 909G-OGl: (l>lL) I>OL1:6 'ltINIIO".,'ltO ''ltN'It 'It.1N'ltS 3^IIIO 'ltWO)t'ltN 'S O~L .I.N'I1lIn'lt.1S3lf "0 1I3NMO Z31'1tZNon 0011\1:>111 Sln1 'IIW .--,-.-,.-,"---- .---, OJ..17L-91:8 (~J.L) H;t3HC~:I0 EOLI:6 'ltINlIO~I1\10 '\1N\1 \1.1.N'ltS .I.33l1.1.S .1S ~ .1S3M &1:EI: I Bn10.1HnIN ON\1 .1N'ltlln\1.1S311 N'ltOIX3W OnNIWYU 13 E SNOISI^31H Ie 'I'!~ ti ]<c !~ z itj~-~i I~~;I I'~. ,~i~!,. o::~ gs: .' ~I . Ii ill' I' 'eI jl r'f'--'~!I~ ;1 i , Ill( :-:!:l i ~I:c:-_J~ I I'.'.~ I' (.'. \....I,jl U:; "-I 'i! "j!] :j I~ll . ,~":._'___.].. ' i.l, i ~_____.~___:"" ....... . '::"'10;;:=1 'Ii It I I, II~ I q !; I I 10 :s w ! ~ ! L._ L!.J_-=j j5g~w!~ ~----------- I 1~~~~j3 I l~~~ I~ ! :z<( ;<:-.1. r----. < :~, ~! 10, I" i~I! I~ !.i , " lrn':; ~' ~ "I ,~=- \fI ;<,,\ er: ~~ ~ ~ ~ ~~ I >-., IJ-t::. '" :<(1 Ifill ~! I~I 1.1 ;~! l~1 u fJ il l._,! 2~ ~~ ~ ''4;:1 r-------::--I ~_____ lJ1J"'. ~ .::f' I' .llnl I .><tl:\ Xc .--.-" I i.c\~ ~ [iliij AMENDMENT TO CUP 90-1 31~IT4 ~~ " '" '" ~ 3~ ~~ ~~ ~ ~~ "" ~~ '~~ $2 ~~ ~f2 "It) "'" l.331HS bk- 10/19/06 RESOLUTION NO. 2006-028 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AMENDING CONDITIONAL USE PERMIT NO. 1990-01 AS CONDITIONED TO PERMIT OPERATA TION TO 1 :30 A.M. FOR THE PROPERTY LOCATED AT 2323 WEST FIRST STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting amendment of Conditional Use Permit No. 1990-01 to extend the hours of operation of the EI Flamingo Restaurant and Nightclub, located at 2323 West First Street, to 1 :30 a.m. seven nights per week. B. On October 23, 2006, the Planning Commission held a duly noticed public hearing on the application to amend Conditional Use Permit No. 1990-01. C. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established: 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 and entertainment establishment in the central section of the City. Conditions of approval 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 and 31A-9 Resolution No. 2006-028 Page 1 of 8 new conditions of approval that the Police Department is proposing for the project. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The 1.02-acre site has had the EI Flamingo Restaurant and Nightclub operate on the premises since 1985. The expanded hours of operation for 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 ABC licenses are permitted within the Light Industrial (M1) zoning district and the Industrial (IND) General Plan designation. Additionally, the use, as conditioned, is in compliance with the regulations identified in the zoning code. D. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the permitting of existing structures. Categorical Exemption Environmental Review No. 2005-136 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves the requested amendment to Conditional Use Permit No. 1990-01 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated October 23. 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 23rd day of October 2006 by the following vote: 31A-10 Resolution No. 2006-028 Page 2 of 8 AYES: Commissioners: Benavides, Betancourt, Cribb, De La Torre, Gartner, Leo, Lutz (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2006-028 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 23, 2006. Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2006-028 Page 3 of 8 31A-11 Conditions for Approval of Conditional Use Permit No. 1990-01 Conditional Use Permit No. 1990-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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. Plannina Division 1. Install a new sign for the Flamingo Club restaurant which complies with the City of Santa Ana Municipal Code. (Condition satisfied) 2. The restaurant shall comply with the requirements established by the Planning Commission for bona fide eating establishment. 3. All proposed site improvements must conform with the Site Plan Review approval of DP No. 06-30. 4. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 5. The security bars located on the building exterior must be removed and relocated to the inside of the building. B. Fire Department 1. Install an automatic fire sprinkler system. (Condition satisfied) Exhibit A Resolution No. 2006-028 Page 4 of 8 31A-12 c. Police Department 1. Install a silent armed robbery alarm. 2. All structures ::md parking lots must comply 'A'ith provisions of Chaptor 8, Article II, Division 3 of the Santa /\na Municipal Codo (Building Socurity Ordinanco). j\1I applicable sections must be printod verbatim on your submittod set of plans. Entire parking area must be brought up to codo. (Deleted by the Planning Commission on October 23, 2006) 3. No dancing after 1 :30 a.m. 4. Music shall not be played outside the premises nor be audible beyond 20 feet from the exterior of the premises in any direction the area under control of the licensee. (Modified by the Planning Commission on October 23, 2006) 5. No pool tables or coin operated games shall be maintained on the premises. 6. At all times that entertainment is beina conducted. the applicant shall employ a minimum of one (1) uniformed licensed security guard for every 100 persons, or less, in attendance per event. for the purpose of keepina the peace. The Chief of Police or his desianate shall first approve every security auard employed by you. If there is a marked or noticeable increase in the number of police related incidents on or near the premises. as such increase may be determined by the Chief of Police. the applicant shall increase the number of uniformed. licensed security auards to a total number of auards as determined by the Chief of Police. (Modified by the Planning Commission on October 23, 2006) 7. There shall be no bar or lounge area upon the licensed premises maintained for the sole purpose of sale, service, or consumption of alcoholic beverages directly to patrons for consumption. 8. Sales, service and consumption of alcoholic beverage shall be permitted only between the hours of 11 :00 a.m. to 1 :30 a.m., seven days a week. (Modified by the Planning Commission on October 23, 2006) Resolution No. 2006-028 Page 5 of 8 31A-13 9. The sale of alcoholic beverages for consumption off the premises is prohibited. 10. The quarterly gross sale of alcoholic beverages shall not exceed the gross sales of food. 11. 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. 12, The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which has control. 13. The premises shall at all times operate as a bona fide eating establishment. The premises will be considered as being used in a bona fide manner if: (a) There is a real offer of holding out to sell meals when the premises is open for regular business hours. (b) Actual and substantial sale of meals are made to guests for compensation. Incidental, sporadic or infrequent sales of meals or a mere offering of meals with actual sales shall not be deemed sufficient to consider premises as being used in a bona fide manner. 14. Meals shall consist of the usual assortment of food commonly ordered at various hours of the day. The service of food and victuals only as sandwiches or salads shall not be deemed compliance with this requirement. However, certain specialty entrees, such as pizza, fish, ribs, etc., and an assortment of other foods, such as soups, salads or desserts, may be considered a meal. 15. The existina buildina and parkina lot must conform with the provisions of Chapter 8. Article II. Division 3 of the Santa Ana Municipal Code (Buildina Securitv Ordinance). These code conditions will reauire that the existing proiect's Iiahtina. door/window lockina devices and addressina be uparaded to current code standards. Liahtina standards cannot be located in required landscape planters. (Added by the Planning Commission on October 23, 2006) 31A-14 Resolution No. 2006-028 Page 6 of 8 16. The applicant shall be responsible for maintainina the premises free of araffiti. All araffiti shall be removed within 24 hours of occurrence. (Added by the Planning Commission on October 23, 2006) 17. Cash reaister must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent sianaae. (Added by the Planning Commission on October 23, 2006) 18. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coveraae. Windows shall be kept clear of any advertisina materials between three and six feet in heiaht. (Added by the Planning Commission on October 23, 2006) 19. Window displays and racks must be kept to a maximum heiaht of three feet includina merchandise and cannot obstruct the cashiers view to the outside. (Added by the Planning Commission on October 23, 2006) 20.A timed-access cash controller or a money drop safe capable of easily providina the cashier the ability to auickly deposit money into it must be installed. (Added by the Planning Commission on October 23,2006) 21 . All new pay telephones shall be located inside the premises and restricted to outaoina calls only. (Added by the Planning Commission on October 23,2006) 22. The conditional use permit shall be reviewed at ninety days. six months. and formally at one year by the Plannina Commission and then annually thereafter by the Police Department for any modification to the conditions of approval. (Added by the Planning Commission on October 23, 2006) 23. "No Loiterina/Trespass" sians/placards shall be posted in the parkinalot. The posted sians must conform to Penal Code Section 602. (Added by the Planning Commission on October 23, 2006) Resolution No. 2006-028 Page 7 of8 31A-15 PROOF OF SERVICE (C.C.P. SECTION 1 013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd, Santa Ana, California 92702. Luis R. Gonzalez 1301 North Mountain View Santa Ana, CA 92703 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ 31A-16 Resolution No. 2006-028 Page 8 of 8