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HomeMy WebLinkAbout31A - CUP 2773 N MAIN STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: CONDITIONAL USE PERMIT NO. 2008-35 TO ALLOW AFTER HOURS OPERATION FOR THE GEISHA HOUSE RESTAURANT AT 2773 NORTH MAIN STREET - THE DOLCE GROUP, APPLICANT G'l.ta._..~.._._ _, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2008-35 as conditioned. PLANNING COMMISSION ACTION On November 24, 2008, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2008-35 as conditioned by a vote of 5:0 (Gartner absent) to allow after hours operation at The Geisha House Restaurant located at 2773 North Main Street in the Specific Development No. 59 (SD-59) zoning district. 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. ~~ M. Trevino Executive Director Planning & Building Agency OS:rb os\Reports\Geisha House\After-hours\cup08-35 Geisha House after-hrs.cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: NOVEMBER 24, 2008 TITLE: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2008-35 TO ALLOW AFTER HOURS OPERATION FOR THE GEISHA HOUSE RESTAUR.AN'P AT 2773 NORTH MAIN STREET PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Prepared by Octavio Silva Executive Director Planning Manag RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2008-35 as conditioned. DISCUSSION Request of Applicant The Dolce Group is requesting approval of Conditional Use Permit No. 2008-35 to allow after hours operation at The Geisha House Restaurant located at 2773 North Main Street. Property Description The Geisha House restaurant will be located on a 17.7 acre mixed use site on the northeast corner of Main Street and Memory Lane. The parcel is located within the Specific Development No. 59 (SD-59) zoning district and has a General Plan designation of District Center (DC). Surrounding land uses include commercial to the north, office uses and Santiago Park to the south, the Main Place Mall to the west, and new residential condominiums as well as a senior housing complex to the east (Exhibits 1 and 2). Geisha House will occupy a 5,616 square foot two-story building and a 1,101 square foot outdoor patio dining area within the commercial component of the new City Place development (Exhibit 3). The proposed hours of operation for the restaurant and outdoor patio are 11:00 a.m. to 2:00 a.m., seven days a week. The nearby McCormick and Schmick's Seafood restaurant received Conditional Use Permit No. 2006-18 and currently operates until 2:00 a.m. EXHIBIT A 31 A-2 Conditional Use Permit No. 2008-35 November 24, 2008 Page 2 Project Description The Geisha House restaurant will be a sit-down eating establishment that offers Japanese cuisine to its customers in an upscale setting (Exhibits 4 and 5). The restaurant is operated by the Dolce Group, which has two additional Geisha House restaurants in the cities of Hollywood, California and Atlanta, Georgia. The applicant is also proposing to provide amplified music during dinner hours for their customers (Exhibit 6). DJ entertainment will be provided, Thursday through Saturday from 8:00 p.m. to 11:00 p.m. Further, the applicant is not requesting a dance permit as part of the restaurant operations. Similar to their Hollywood and Atlanta restaurant locations, the Dolce Group is also proposing to temporarily host special events within their Santa Ana site. Based on their Geisha House Hollywood location, the Dolce Group conducted 15 special events this year with a maximum of 150 attendees. The events included corporate mixers and dinner parties for companies such as Disney and Ad Monsters (Exhibit 7). These occasional events were invitational only and required the temporary closure of the restaurant. The Dolce Group anticipates similar events will be conducted at their Geisha House Santa Ana restaurant. The proposed events would be ancillary to the primary eating establishment and would be catered by restaurant staff and kitchen. Special events held at the Geisha House will require the closure of certain restaurant sections to the general public. Specifically, the Dolce Group anticipates that the outdoor patio and the restaurant's second floor will be used to host special events. The Geisha House restaurant offers patrons a variety of sitting options, which include bar and lounge seating, indoor and outdoor dining and reservation rooms. The two reservation rooms are located on the first and second floor of the restaurant and are available for group dining. The reservation rooms are both under 160 square feet and are partially enclosed. The second floor reservation room is enclosed by glass doors and walls. A total of 53 tables, 16 booths and 8 lounge sofas are proposed to be distributed throughout the first floor and open patio of the restaurant. Alcohol consumption is proposed within the 1,101 square foot exterior patio area. Additional seating includes 15 tables on the restaurant's second story. On November 5, 2008, the Geisha House restaurant obtained Zoning Administrator approval for Conditional Use Permit No. 2008-32 allowing a Type 47 ABC license for the on-premise sale of alcoholic beverages to 31 A-3 Conditional Use Permit No. 2008-35 November 24, 2008 Page 3 customers. The after hours operation is intended to provide a service ancillary to the primary restaurant use. The additional hours of operation will provide patrons with additional hours of service and will attract late dining patrons. Analysis of the Issues The applicant is requesting to extend their business hours until 2:00 a.m. seven days a week. The subject property is located within the Specific Development No. 59 (SD-59) zoning district or the development commonly known as City Place. The request for after hour operations requires a conditional use permit for restaurants that are open between the hours of 12:00 a.m. and 5:00 a.m. City Place is a mixed-use development that was envisioned as a mixture of commercial and residential uses. The project was designed as a place where residents could conveniently walk to shopping and dining designations. The after hour operations request helps to accomplish the goal of a true mixed-use project by providing patrons with a variety of dining opportunities. The surrounding land uses adjacent to the eating establishment are commercial uses with the exception of Santiago Park and the adjoining residential uses on the same development site. The extended hours of operation should not impact the residences as the restaurant building is separated by a surface parking lot. Additionally, the outdoor dining patio is located at the intersection of Main Street and Memory Lane, which is the furthest point away from the residential component of the City Place development. Additionally, staff has recommended conditions of approval that would minimize potential noise impacts to the surrounding residential and commercial uses. The Planning Division and Police Department have reviewed the application for potential concerns related to the after hour operations request. The area of 2773 North Main Street is located within reporting district No. 181, which ranks 94th out of 102 citywide districts in total number of police-related incidents. In order to minimize the potential impacts associated with after hour operations at the proposed restaurant location, conditions of approval for the project are recommended. These proposed conditions are intended to mitigate any problems that may negatively affect the adjacent residences and surrounding area. Additionally, the Geisha House restaurant will provide a complete level of staffing during the operating hours of the restaurant. The restaurant staff will act as a deterrent in reducing the potential of negative activity by being located on-site during all business operating hours. 31 A-4 Conditional Use Permit No. 2008-35 November 24, 2008 Page 4 Lastly, the site has a General Plan land use designation of District Center (DC). The District Center designation emphasizes the use of this area as an anchor for commercial development and as a commercial corridor. This site is located on a major arterial street and the subject property's proximity near the Interstate 5 freeway promotes the City of Santa Ana as a regional shopping destination. Based upon analysis of the project and its compatibility with the City's General Plan and applicable development standards, staff recommends that the Planning Commission approve Conditional Use Permit No. 2008-35 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2008-177 will be filed for this project. e ' avio Silva Assistant Planner I OS:jm os\Reports\Geisha House\After-hours\cup08-35 Geisha House after-hrs.pc 31 A-5 C i t y G l O r a n g e UVETA AV. O >~.~. •. 22 FREEWAY R D N,p\N PULE DR. Cz- Ri RD II m R TOWNBCIXIMRY RO. / ~~. s C2-HD II ~ ~ ^~ A9 0 ~ ^' M ~ 5 ~ R1 7za / ~ ~- R1 R1 R1 SD-77 ~F~ PRV~JEV 1 ;; ~~`~ 1 -- o~ R A~~~e. ~ SD-59 R4 9` SITE - `~° ~' ° ~'- ~ ~ ~ D ~P'~`~ ^~ R4 ~ R1 1: - Al GV P~-11CA ~ ~ ~~ R1 MEMORY LN. LL MAIN PLACE DR. MEMOgv LN. ° Al EO- sD- ~ ~ ai- R4 Rl a 65 `30 ~ 1` isoo 7200 LN. 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Nly I I 1 O I r I ~ ~ ~ ~i ~t- 1 I z ~ 9~ f ~ ~ ~~ ~ ` __~ X ~€ ` i ` ` I R aid ~ ~__ I ~n . c ,, I . ~ i t w : z ` I °~ ., ,, ` ,~'` . ~ ` I ~ `~ yge° ~i ~~- ~ ~~' ~ \ § ~ e r ~ ~ ~ .e v <-o Q ~ --- -- t- - ------ m -- - b -r- : r, o .. ,,,y l p ~ f Z w ~ l ~` ® o . ~ ' \\ a ~~4 1 1 l ~~ J ~1 ~ ~ ~ . s y ,;° l i ; i °~ 1 W i ., ~ ~ > I 1 !~ ~~ m 0 . ~. Y ~~- L I ` O 1 1 1 ~~ ~' 1 o 1\~ 1----= I I 1 ~ ~ -~ ~ ---d • 1 ~~ _;, 1 r" ~ a 1 l - N .s.~ l ~ ~` 3 ~ Q CUP 08-35 `~ Q EXHIBIT 5 August 25, 2008 To Whom It May Concern: Geisha House, to be located at 2773 N. Main Street, Santa Ana, California, 92706, will be open 7 days a week for lunch and dinner, beginning at 11AM and concluding no later than 2AM on any night. Geisha House is atable-service restaurant serving both freshly prepared sushi and cooked Japanese food, in addition to a full selection of beer, wine, sake, and hard liquor. Food and drinks are served in all areas of the restaurant: the lounge, upstairs and downstairs main-dining rooms, and the enclosed outdoor patio. The area designated on the floor plan as a "private room" will be used for regular reservations and walk-in customers, not for banquet service. The room is not completely separated from the rest of the restaurant (it is visible) and only contains one people seating up to approximately 12 people. We would like to have the option to bring in a DJ who will play music for dinner customers, as we do in our Hollywood and Atlanta locations of this same restaurant. Typically, DJs in our operations play Thursdays through Saturdays from 8-11PM, although there maybe some exceptions to this rule. The music spans a number of genres including ambient lounge music all the way through 80's and classic rock. The facility maybe closed to the public from time to time for private special events (such as corporate parties, social mixers, etc.) and/or movie and TV show filming inside the restaurant. Please feel free to contact me should you have any other questions regarding our operation. Regards, Lonnie Moore Managing Member CUP 08-35 EXHIBIT 6 l of 2 6633 Hollywood Boulevard Hol~~~el 323.460.6155 Far 323.460.2344 uti . lc ro c m 0S/28/2008 13:06 3234668067 DAVID MAMAN DESING PAGE 02 August 27, 2008 To Whom It May Concern: The moms / spaces comprising the Geisha House in Santa Ana are as follows: FIRST FLOOR MAIN DINING ROOlVI The main dining room will include freestanding tables as well as booth/Banquette seating and a frill service sushi bar. The entire food menu and full alcohol mettu (beer, wine, sake, and h;~rd liquor) will be served in all areas of this room. No dancing will be allowed. FIRST' I+~LOOR BA.R AND LOUNGE 't'his acea includes barstool seating as woll as lower lounge and easy chair style se,~ts adjacent to cocktail tables. The enl:ire food menu and full alcohol menu (beer, wine, sake, an~i hard liquor) will be served in elf areas of this room. No dancing will be allowed. SECOND )FLOOR MAIN AlN>(NG ROOM The second Floor main dininb room includes Freestanding tables overlooking the fiirsi filoor:~.s v~rell as limited banquette seating- The entire food menu and full alcohol mcnt~ (beer, urine, sake, and Itard liquor) will bo served in all areas oi'this room. No dancing will be ,allowed. SECOND FLOOR SEMI-PRIVA'~ DINING ROOM The second floor semi-private dining room includes one freestanding table scatitt8; appmxirnat~;ly twelve people. 't'lio entire food menu and Full alcohol menu (beer, wine, sake, and hard iiqu~~r} will be solved in all areas of this room. No dancing will be allowed- PATIO The restaurant's outdoor patio features additional frccstaitding and booth/banqued~e style seating. The entire food menu trod full alcohol menu (beer, wine, sake, and hard liquor) will be servEd in all areas of this room. No dancing will be allowed. Ploase lot mo know ifyou have any further questions about the facility and its use;. Regards, Lonnie Moore Managing Mcmbcr 31 ~~12 August 25, 2008 Octavio Silva Planning and Building Agency, M-20 City of Santa Ana Santa Ana, CA 92702 Dear Octavio, Per your request, please find enclosed a sample list of private events that were held at Geisha House in Hollywood, CA for use in evaluating our usage requests for the new Santa Ana location. In addition, our proposed hours of operation for the outdoor patio seating area are the same as the restaurant's indoor space -seven days per week from 11AM to 2AM. Please feel free to contact me should you have any other questions regarding our operation. Regards, ___~~~ David Jarrett CUP 08-35 EXHIBIT 7 1 of 2 6633 Hollywood Boulevard Hol~yq~d, f A 9~1 323.460.6155 Fax 323.460.2344 Geisha House Hollywood - 2008 Special Events EVENT DATE # OF PPL Dr. Alex Marmureanu Dinner 3/7/08 35 Ad Monsters Dinner 3/18/08 34 Sherry Corday Party 3/15/08 100 H & M Store O ening 3/22/08 30 NY Rescue Worker's Foundation 3/27/08 120 Todd DeStefano Engagement Party 5/26/08 115 La Maison Du Soleil 7/2/08 30 Emily's Goin Away 8/1/08 60 DesiYou Company Mixer 8/5/08 150 Josh Mancini Mixer 8/18/08 60 Garrett Graham Dinner 9/5/08 40 Delta Chi Fraternity USC Invite 9/11/08 150 Disney Dinner 9/25/08 75 Ka pa Delta Sorority Invite 9/28/08 100 Interwoven Party 11/10/08 _ 25 3°12A-14 ROH - 11/24/08 RESOLUTION NO. 2008-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008-35 AS CONDITIONED TO ALLOW AFTER HOURS OPERATION FOR THE PROPERTY LOCATED AT 2773 NORTH MAIN 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 approval of Conditional Use Permit No. 2008-35 to operate a restaurant between the hours of 11:00 a.m. to 2:00 a.m., seven days a week, for the property located at 2773 North Main Street. B. The Specific Development No. 59 (SD-59) zoning designation requires a conditional use permit for restaurants open between the hours of 12:00 a.m. and 5:00 a.m. C. On November 24, 2008, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2008-35. D. 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 proposed after hours license will provide an additional amenity to the restaurant and thereby benefit the community by providing extra hours of food service at the eating establishment. Conditions have been placed on the conditional use permit which will mitigate any potential impacts created by the use and ensure that the restaurant 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 proposed after hour license at the Geisha House restaurant will not be detrimental to persons residing or Resolution No. 2008-25 31 A-15 Page 1 of 7 working in the area because the use, as conditioned, will not create any negative or adverse impacts. The extended hours will be in conjunction with the existing sit-down eating establishment. Additionally, the residential and mixed use components of the development are separated from the restaurant by an existing surface parking lot. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project site is a commercial multi-tenant development that is suitable for the proposed use. The additional hours of operation for the Geisha House will increase the patronage to the restaurant, thereby enhancing the profitability of the business and economic stability of the area. The project site is located in a commercial area near the Westfield Mall and helps to further emphasize North Main Street as a commercial district. 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 on a restaurant with an after hours conditional use permit pursuant to Specific Development No. 59 and 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 proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. The extended hours of operation will provide a dining service to the residents of Santa Ana. Additionally, the property is located within the District Center (DC) general plan land use designation which emphasizes the area as a major commercial corridor for the City. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2008-177 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2008-35 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This Resolution No. 2008-25 31 A-16 Page 2 of 7 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 November 24, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 24th day of November, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, Leo, Mill, Yrarrazaval (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner (1) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan O. Hodge Deputy 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. 2008-25 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 24, 2008. Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2008-25 31 A-17 Page 3 of 7 Conditions for Approval of Conditional Use Permit No. 2008-35 Should Conditional Use Permit No. 2008-35 be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior 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. The project shall remain in compliance with Site Plan Review (DP No. 08- 63). 2. 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. 3. The hours of operation for the facility shall not exceed past 2:00 a.m., seven days a week. 4. All special events hosted by the restaurant must be catered by the on-site Geisha House kitchen and staff. B. Police Department 1. There shall be no fixed bar on the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. 2. Full menus and food service shall be available in the lounge area and at the counter/bars during all operational hours. 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 beverage. Resolution No. 2008-25 31 A-18 Page 4 of 7 NOVEMBER 24, 2008 PAGE2OF3 4. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. These records are to be kept no less frequently than on a quarterly basis and shall be made available to the City if requested. 5. 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. 6. The establishment shall not be operated as a public premises. 7. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 8. There shall be a server assigned to the patio area at all times that the service and consumption of alcoholic beverages is available. 9. 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. 10. It shall be applicant(s) responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant(s), with the exception of the enclosed patio area. 11. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 12. 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. 13. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. All graffiti must be removed within 24 hours of occurrence. 14. There shall be no pool tables, coin-operated games, or video machines maintained upon the premises at any time. 15. Live entertainment and amplified music are prohibited on the premises at any time, with the exception of the proposed DJ. Resolution No. 2008-25 31 A-19 Page 5 of 7 NOVEMBER 24, 2008 PAGE3OF3 16. There shall be no public dancing on the premises. 17. Noise/music shall not be audible beyond 20 feet from the exterior of the premises in any direction. 18. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 2:00 a.m. 19. This land use authorization is only for a Type 47 on-sale general, public eating-place, any other license use at this location will require a new land use clearance. 20. Existing restaurant and required parking within 60 feet must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 21. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board condition 20 must be complied with. 22. Applicant is required to provide Police Department approved armed robbery prevention training annually to all of their restaurant employees. 23. Window displays and racks must be kept to a maximum height of three feet including merchandise. 24. Atimed-access cash controller or drop safe must be installed. 25. Install a silent armed robbery alarm. 26. The applicant shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, donation, or any other form of admission charge, including minimum drink orders, or the sale of drinks. The dressing room indicated on the plans shall only be used by food service personnel employed by the establishment. Resolution No. 2008-25 31 A-20 Page 6 of 7 PROOF OF SERVICE (C.C.P. SECTION 1013(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 Second Floor, Santa Ana, California 92701. I served the foregoing document described as Resolution No. 2008-25 (Conditional Use Permif No. 2008-35) in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: David Jarrett Geisha Santa Ana LLC 6633 West Hollywood Boulevard Los Angeles, CA 90028 Main Street Concourse LLC 2677 North Main Street Santa Ana, CA 92705 [ ] 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 Resolution No. 2008-25 31 A-2 ~ Page 7 of 7 31 A-22