HomeMy WebLinkAbout31A - CUP - 227 NORTH BROADWAYREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 18, 2010
TITLE:
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CLERK OF COUNCIL USE ONLY:
APPROVED
CONDITIONAL USE PERMIT NO. 2010-18 TO
ALLOW AFTER-HOURS OPERATION AND
CONDITIONAL USE PERMIT NO. 2010-19 TO
ALLOW A BANQUET FACILITY AT THE
CHAPTER ONE RESTAURANT AT 227 NORTH
BROADWAY -JEFFREY D. HALL, APPLICANT
i
CI Y MANAGER
RECOMMENDED ACTION
Receive and file the staff report approving Conditional Use Permit No. 2010-18 as conditioned and
Conditional use Permit No. 2010-19 as conditioned.
PLANNING COMMISSION ACTION
On September 27, 2010, the Planning Commission adopted a resolution approving Conditional
Use Permit No. 2010-18 as conditioned to allow for after-hours operation and Conditional Use
Permit No. 2010-19 to allow fora banquet facility by a vote of 7:0 for Chapter One Restaurant
located at 227 North Broadway in the Specific Development No. 84-Downtown (SD84-DT) 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.
Jay revino
Executive Director
Planning & Building Agency
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Exhibit: A. Planning Commission Staff Report
l? As Recommended
? As Amended
? Ordinance on 1s` Reading
? Ordinance on 2n° Reading
(] Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
31 A-1
31 A-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
- - PLANNING COMMISSION SECRETARY
SEPTEMBER 27, 2010 APPROVED
TITLE: O As Recommended
FILED BY JEFFREY D. HALL FOR CONDITIONAL USE O As Amended
PERMIT NO. 2010-17 TO ALLOW A TYPE 47 ABC ? Set Public Hearing For
LICENSE, CONDITIONAL USE PERMIT NO. 2010-18 DENIED
TO ALLOW AFTER-HOURS OPERATION, AND ? Applicant's Request
CONDITIONAL USE PERMIT NO. 2010-19 TO ALLOW O Staff Recommendation
A BANQUET FACILITY AT THE CHAPTER ONE
RESTAURANT AT 227 NORTH BROADWAY CONTINUED TO
Prepared by Hally Soboleske
Executive Director Planning Ma ger
RECOMMENDED ACTION
1 . Adopt a resolution approving Conditional Use Permit No. 2010-17 as conditioned_
2. Adopt a resolution approving Conditional Use Permit No. 2010-18 as conditioned.
3. Adopt a resolution approving Conditional Use Permit No. 2010-19 as conditioned.
DISCUSSION
Zoning Administrator Action
A Zoning Administrator meeting was held on September 15, 2010 regarding Conditional Use
Permit No. 2010-17 to allow a Type 47 ABC license_ The Zoning Administrator remanded this item
to the Planning Commission in order to review this project, and all related actions, in a
comprehensive manner.
Request of Aonlicant
Mr_ Jeffrey D. Hall, representing Retroactive Concepts, Inc. for the Chapter One restaurant, is
requesting approval of conditional use permits fora Type 47 Alcoholic Beverage Control (ABC)
license to allow the on-sale consumption of beer, wine and distilled spirits; after-hours operation;
and a banquet facility at the Chapter One Restaurant to be located at 227 North Broadway.
Proaerty Description
The proposed Chapter One restaurant is within the historic Pacific Building located at the southeast
corner of Broadway and Third Street. The property is identified as the Downtown (DT) zoning
district and has a General Plan land use designation of District Center (DC). Surrounding land
uses include commercial, with a public parking structure to the north, and residential land uses
within 250 feet (Exhibits 1 and 2).
it
CUP Nos. 2010-17 thru 2010-19
September 27, 2010
Page 2
The site is developed with the Pacific Building, atwo-story historic structure constructed in 1925. The
Chapter One restaurant proposes to use 3,782 square feet of the ground floor. Although the building
has two stories and a basement, the proposed restaurant will be occupying 3,782 square feet of the
structure on the ground level. The basement is currently occupied by The Copper Door (formerly
Broadway Billiards), a billiards hall operated by Davin and Marta Gumm the building's new owners.
The remainder is occupied with business offices. The building has always been used for commercial
purposes, and prior to this proposal, this portion of the building was occupied by the restaurant
Trattoria Ciao. Parking is supplied by two public parking structures located at Third Street and one
located at the northwest comer of Third and Birch Streets. Both public parking opportunities are
shared by all the businesses in the immediate area. There is a privately owned, paved surface lot
adjacent and immediately east of the subject site where people may pay to park. There is also
metered parking by the curb on Third Street.
Project Dgscri?tion
The applicant is requesting three conditional use permits: 1) the sale of beer, wine and distilled
spirits (Type 47 license) for consumption on premise in conjunction with an eating establishment;
2) after-hours operation; and 3) banquet facility. The on-premise sale of alcoholic beverages to
customers is intended to provide a service ancillary to the primary restaurant use. The storage
area for alcoholic beverages is located within the kitchen and bar area and consists of
approximately 60 square feet which is considerably less than five percent of the gross floor area of
the restaurant (Exhibit 3).
The restaurant will provide alcoholic beverages to customers as a service ancillary to the primary
restaurant use. There will be freestanding tables, built-in booths, and bar seating.
The applicant also proposes a banquet facility and after-hours operation. Although not part of their
immediate business plan, entertainment may include, but is not limited to, various types of live
performances, dances, conferences, receptions and other assembly uses. Entertainment will remain
ancillary to the primary restaurant use. Proposed hours of operation will be from 6:00 a.m. to
2:00 a.m. The building is oriented towards the commercial Broadway corridor and Third Street. As
proposed, the remainder of the first floor of the Pacific Building will continue to be used for retail and
office uses.
Separate permit applications will be submitted to the Public Works Agency by the applicant for two
outdoor dining areas including an approximately 151 square foot outdoor dining area facing Third
Street at the front of the building, and an approximately 141 square foot outdoor dining area facing
Third Street towards the rear of the building (Exhibit 4). A separate permit application will also be
submitted to the Police Department to allow dancing to take place at this establishment.
31 A-4
CUP Nos. 2010-17 thru 2010-19
September 27, 201 O
Page 3
Analvsls of the Issues
Conditional Use Permit No. 2010-17 to allow for a Tvr?e 47 ABC license
Staff has reviewed the applicants request and is recommending approval of Conditional Use
Permit No. 2010-17. The Police Department has reviewed the application and has noted that the
restaurant is located within Reporting District No. 185, which ranks 10th out of 102 Citywide
Districts in total number of police-related incidents. The restaurant will be in an area of the city that
is considered higher-than-average in police-related incidents. Based on the above average
number of police-related incidents, and the fact that there are residential units within 250 feet of
this proposed use, the Police Department is concerned with potential negative impacts to adjacent
residents. Therefore, several conditions of approval are proposed for this license.
The proposed conditions of approval, which include restrictions on alcohol service, noise
generation, litter, and exterior pay phones, among others, are intended to address the concerns
raised by the Police Department and minimize the number of potential calls for service to the
restaurant and to ensure the business operates as a bona fide eating establishment. The alcohol
storage area is limited to less than five percent of the gross floor area of the restaurant to ensure
that the alcohol license remains ancillary to the restaurant use. An on-site security guard will
monitor and maintain the safety of patrons during any entertainment event or pertormance, as well
as serving to protect the safety of those in the surrounding community. Additionally, the conditions of
approval will assist in mitigating potential negative effects this restaurant may have on the
surrounding community.
Conditional Use Permit No. 2010-18 to allow for After-Hours Operation
Santa Ana Municipal Code (SAMC) requires a conditional use permit for any eating establishment
with hours of operation between 12:00 a.m. and 5:00 a.m. The proposed hours of operation for
Chapter One are 6:00 a.m. to 2:00 a_m. As proposed, the restaurant will be open for breakfast,
lunch, dinner and late night meals. These hours are consistent with the typical operations of this
land use, and the request is similar to other restaurants such as Crosby and Memphis operations.
Entertainment at this facility may include performances, dancing, and other types of assembly.
Separate entitlements have been submitted by the applicant and are currently being processed for
two outdoor dining areas. Sensitive land uses, such as residences within 250 feet away from this
project, will not be negatively affected as all noise will be contained indoors, and there will be no
amplified outdoor music. The existing residential units are located in the Downtown area, as are
those units currently under construction on the southeast corner of Third and Sycamore Streets.
Additionally, the building faces north, or away from, the existing residential land uses which further
reduces the potential impact to the community west and east of the subject site. Parking for any
potential events will be in the public parking structure, and will not spill over into the surrounding
neighborhoods. Exterior lighting for the outdoor dining areas will be located on the north side of the
building, and directed away from residential land uses.
31 A-5
CUP Nos. 2010-17 thru 2010-19
September 27, 201 O
Page 4
At all times when dancing and/or entertainment are being conducted, the applicant shall employ a
minimum of one uniformed, licensed security guard for every hundred persons in attendance per
event, for keeping the peace. The guard must be approved by the Chief of Police. This additional
security will maintain order at the location, as well as protect the surrounding community.
The facility has been designed to meet all code requirements, as well as those conditions
established by the Police Department; therefore, staff recommends approval of Conditional Use
Permit No. 2010-18.
Conditional Use Permit No. 2010-19 to allow fora Banquet Facility
The proposed restaurant with an ancillary entertainment use may also be used for a banquet facility
as it may be closed to the general public for private use. Per the SAMC, banquet facilities must have
a kitchen facility, sanitation facilities, and a licensed security guard for every hundred persons in
attendance per event. The project meets or exceeds standards for a banquet use. This security
guard must be approved by the Chief of Police. Exterior lighting will be reviewed and approved by
the Police Department. This will provide protection to patrons of the facility, as well as residents of
the surrounding community. The intent is to operate a full service restaurant; however, private
events may be allowed on occasion. The facility will have stronger economic viability if private
events may also be booked at the facility, so a banquet facility is appropriate.
Based upon the analysis of the project and the project's compatibility with the City's General Plan
and applicable development standards, staff recommends that the Planning Commission approve
Conditional Use Permit Nos. 2010-17, 2010-18 and 2010-19 as conditioned.
CEQA Compliance
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,
Class 1 because the project involves minor alterations to an existing building as well as the
licensing and permitting of a use that was essentially the same as the previous use and will be in
conformance with all city codes and requirements. Categorical Exemption Environmental Review
No. 2010-13 will be filed for this project.
Hally Sobole
Associate Pla ner
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31 A-6
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31A-14
ROH - 09/27/ O
RESOLUTION NO. 2010-12
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING: CONDITIONAL
USE PERMIT NO. 2010-17 AS CONDITIONED FOR A
TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE,
CONDITIONAL USE PERMIT NO. 2010-18 AS
CONDITIONED TO OPERATE BETWEEN THE HOURS OF
12:00 A.M. TO 7:00 A.M., AND CONDITIONAL USE
PERMIT NO. 2010-19 AS CONDITIONED TO OPERATE A
BANQUET FACILITY, FOR THE PROPERTY LOCATED AT
227 NORTH BROADWAY
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. 201 O-1 7 to
allow a Type 47 Alcoholic Beverage Control (ABC) license, Conditional
Use Permit No. 2010-18 to operate a restaurant between the hours of 6:00
a.m. to 2:00 a.m., and Conditional Use Permit No. 2010-19 to allow a
banquet facility, for the property located at 227 North Broadway.
B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use
permit for: the sale of alcoholic beverages for on-site consumption,
businesses operating between the hours of 12:00 a.m. and 7:00 a.m., and
the operation of a banquet facility.
C. On September 27, 2010, the Planning Commission held a duly noticed
public hearing on Conditional Use Permit No. 2010-17, Conditional Use
Permit No. 2010-18, and Conditional Use Permit No. 2010-19.
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 for Conditional Use Permit No. 2010-17 to allow for a Type 47
ABC license:
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 alcohol beverage license use will allow an
ancillary service to the restaurant and thereby benefit the
Resolution No. 201 O-? 2
Page 1 of ? 8
31A-15
community by providing an additional food-related amenity at
the eating establishment. Conditions have been placed on
the alcoholic beverage control license which will mitigate any
potential impacts created by the land 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 proposed license for the on-sale of beer and wine and
distilled spirits at the Chapter One 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 sale of alcoholic beverages will
occur inside of the premises and is secondary to the
restaurant use.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The project site is located within the downtown, and is
appropriate for the proposed commercial use. The
establishment of this restaurant promotes a balance of land
uses that enhances the City's economic and fiscal viability.
Alcoholic beverages on the menu at the Chapter One
Restaurant will increase the patronage to the restaurant by
offering another convenience thereby enhancing the
profitability of the business. In turn, this identifies the use
and site as economically stable and viable, and has a
positive effect on 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 on a
restaurant selling beer, wine, and distilled spirits pursuant to
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.
Goal 1.0 of the Land Use Element requires that land use
decisions promote a balance of land uses to address basic
community needs. The restaurant offers citizens a place to
gather and eat thereby serving the community. Goal 2.0 of
the Land Use Element requires that land use decisions
promote land uses which enhance the City's economic and
Resolution No. 2010-12
Page 2 of 18
31A-16
fiscal viability. Therefore, a variety of land uses that serve
the public are necessary to offer a wide range of goods and
services.
E. 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 for Conditional Use Permit No. 2010-18 to allow for after hours
operation:
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 Chapter One restaurant after-hours operation
creates afood-related amenities and disport for the
community. Conditions have been placed on this operation
to mitigate any potential problems created by the land use.
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 after-hours operation at the Chapter One 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. Sensitive lands uses are located 250
feet or more away, and all after-hours entertainment will be
contained indoors to mitigate the impacts to surrounding
properties.
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 corridor that is appropriate
for the proposed commercial use. The establishment of this
restaurant promotes a balance of land uses that enhances
the City's economic and fiscal viability. Peak hours of
operation will be in the evening, which does not conflict with
the peak hours of nearby retail shops, so will not cause
parking conflicts in the public lots. Providing a variety of land
uses in the area strengthens the economic base.
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
business operating after the hours of 12:00 a.m.
Resolution No. 201 O-? 2
Page 3 of 7 8
31A-17
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.
Goal 1.0 of the Land Use Element requires that land use
decisions promote a balance of land uses to address basic
community needs. The restaurant offers citizens a place to
recreate and eat thereby serving the community. Goal 2.0 of
the Land Use Element requires that land use decisions
promote land uses which enhance the City's economic and
fiscal viability. Therefore, a variety of land uses that serve
the public are necessary to offer a wide range of goods and
services.
F_ 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 for Conditional Use Permit No. 20'10-19 to allow for a Banquet
Facility:
? . 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 use will provide an added alternative to the
restaurant thereby providing a benefit to the community
through a local banquet and meeting venue. Conditions
have been placed on the banquet facility, which will mitigate
any potential impacts created by the use and ensure that the
use will not negatively affect or be injurious to 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 addition of the banquet facility use to 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 banquet and private events will
occur inside of the premises and offer an alternative to the
restaurant's business operations to enhance economic
viability. Moreover, conditions are imposed to mitigate any
potential impacts to those in the vicinity.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
Resolution No. 2010-12
Page 4 of 18
31A-18
The 0.14-acre site is a commercial site that is appropriate for
the proposed commercial use. A banquet facility at the
Chapter One restaurant may increase the patronage to the
business, thereby enhancing profitability 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 on
banquet facilities pursuant to 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.
Banquet facilities are permitted within the District Center
(DC) General Plan designation and the Downtown (DT)
zoning district. Additionally, the use, as conditioned, is in
compliance with the regulations identified in the zoning code.
G. 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 ? 5332, Class 32 because it is an infill
development project in an existing building, and will be in conformance with
all city codes and requirements. Categorical Exemption Environmental
Review No. 2010-13 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. 2010-17 as conditioned
in Exhibit A attached hereto and incorporated as though fully set forth herein,
Conditional Use Permit No. 2010-18 as conditioned in Exhibit B attached hereto and
incorporated as though fully set forth herein, and Conditional Use Permit No. 201 O-? 9
as conditioned in Exhibit C 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
September 27, 2010 and exhibits attached thereto; and the public testimony, all of
which are incorporated herein by this reference.
ADOPTED this 27th day of Seotember. 201 O by the following vote:
Resolution No. 200-12
Page 5 of ? 8
31A-19
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTENTIONS: Commissioners
Acosta, Alderete, Betancourt, Gartner, Turner,
Walters, Yrarrazaval (7)
None (O)
None (O)
None (O)
Eric Alderete
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Ryan O. Hodge
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. 2010-t 2 to be the original resolution adopted
by the Planning Commission of the City of Santa Ana on September 27. 201 O
Date:
Secretary of the Planning Commission
City of Santa Ana
Resolution No. 201 O-? 2
Page 6 of 7 8
31 A-20
EXHIBIT A
Conditions for Approval of Conditional Use Permit No 2070-17
Conditional Use Permit No. 2010-17 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. Planning Division
The banquet facility shall comply with the following development and
operational standards.
a. All banquet facilities require a kitchen facility including, but not limited
to, an oven, stove, refrigeration, freezer, exhaust hood, grease
receptor, cutting and preparation areas, dishwashing area or
machine, employee sink and mop, and appropriate counter/service
facilities.
b. All banquet facilities require sanitation facilities in compliance with
the California Building Code building standards.
c. Whenever there is entertainment with or without alcohol, the banquet
facility shall provide a uniformed state licensed security guard, as
approved by the chief of police, at the rate of one guard per 100
attendees, with a minimum of one security guard, or other security
measures as approved by the Chief of Police. The guards shall be
present until attendees have left the premises.
d. All banquet facilities shall provide exterior lighting in compliance with
Police Department standards_
2. All proposed site improvements must conform with Site Plan Review
approval of DP No. 2010-35.
Resolution No. 201 O-? 2
Page 7 of ? 8
31 A-21
SEPTEMBER 27, 2070
PAGE 2 OF 4
3. 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.
B. Police Department
1 . The sale of alcoholic beverages for consumption off the premises is strictly
prohibited-
2. There shall be no exterior advertising of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the
availability of alcoholic beverages on the premises. Interior displays of
alcoholic beverages or signs, which are clearly visible to the exterior, shall
constitute a violation of this condition.
3. It shall be the 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.
4. The applicant(s) shall be responsible for maintaining free of litter the area
adjacent to the premises under the control of the licensee-
s. 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.
6. Any graffiti painted or marked upon the premises or on any adjacent area
under the control of the licensee(s) shall be removed or painted within 24
hours of being applied.
7. There shall be no pool tables, amusement machines or video games
maintained on the premises at any time.
8. The sales, service, and consumption of alcoholic beverages shall be
permitted only between the hours of 9:00 a.m. and 12:00 a_m. unless
Conditional Use Permit No. 2010-18 is approved.
9. Music/noise shall not be audible beyond 20 feet from the exterior of the
premises in any direction.
Resolution No. 2010-12
Page 8 of 18
31 A-22
SEPTEMBER 27, 200
PAGE 3 OF 4
1 O. 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.
1 1 . Neither the applicant, nor any person or entity operating the premises with
the permission of the applicant, shall violate the City's adult entertainment
ordinance contained in SAMC section 12-1 and 12-2.
12. The premises shall not be operated as an adult entertainment business as
such term is defined in Santa Ana Municipal Code section 41 -1701 .6.
13. This conditional use permit shall be reviewed at six months, at one year
and then annually thereafter by the Police Department for any modification
to the conditions of approval.
14. Existing restaurant 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.
1 5. Prior to issuance of Letter of Approval to the Alcohol Beverage Control
Board condition 14 must be complied with.
16. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
1 7. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage.
18. Window displays and racks must be kept to a maximum height of three
feet including merchandise.
19. Atimed-access cash controller or drop safe must be installed.
20. Install a silent armed robbery alarm.
21 . The applicant shall employ a minimum of one uniformed, licensed security
guard for every 100 persons in attendance per event, for the purpose of
keeping the peace at all times entertainment is provided or that a cover
charge, donation, or admission fee is collected to enter the premises.
Resolution No. 201 O-? 2
Page 9 of ? 8
31 A-23
SEPTEMBER 27, 2070
PAGE40F4
22. 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 Department.
23. The applicant must submit a comprehensive security plan for Police
Department review and approval.
C. Fire Department
Plans must note fire alarm system when submitted for plancheck.
Resolution No. 20? 0-12
Page 70 of 18
31 A-24
EXHIBIT B
Conditions for Approval of Conditional Use Permit No 200-78
Conditional Use Permit No. 2010-18 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. Planning Division
The banquet facility shall comply with the following development and
operational standards.
a. All banquet facilities require a kitchen facility including, but not limited
to, an oven, stove, refrigeration, freezer, exhaust hood, grease
receptor, cutting and preparation areas, dishwashing area or
machine, employee sink and mop, and appropriate counter/service
facilities.
b. All banquet facilities require sanitation facilities in compliance with
the California Building Code building standards.
c. Whenever there is entertainment with or without alcohol, the banquet
facility shall provide a uniformed state licensed security guard, as
approved by the chief of police, at the rate of one guard per 100
attendees, with a minimum of one security guard, or other security
measures as approved by the Chief of Police. The guards shall be
present until attendees have left the premises.
d. All banquet facilities shall provide exterior lighting in compliance with
Police Department standards.
2. All proposed site improvements must conform with Site Plan Review
approval of DP No. 2010-35.
Resolution No. 201 O-? 2
Page 7 1 of ? 8
31 A-25
SEPTEMBER 27, 20? O
PAGE20F4
3. 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.
B. Police Department
1. The sale of alcoholic beverages for consumption off the premises is strictly
prohibited.
2. There shall be no exterior advertising of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the
availability of alcoholic beverages on the premises. Interior displays of
alcoholic beverages or signs, which are clearly visible to the exterior, shall
constitute a violation of this condition.
3. It shall be the 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.
4. The applicant(s) shall be responsible for maintaining free of litter the area
adjacent to the premises under the control of the licensee.
5. 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.
6. Any graffiti painted or marked upon the premises or on any adjacent area
under the control of the licensee(s) shall be removed or painted within 24
hours of being applied-
7. There shall be no pool tables, amusement machines or video games
maintained on the premises at any time.
8. The sales, service, and consumption of alcoholic beverages shall be
permitted only between the hours of 9:00 a. m. and 12:00 a.m. unless
Conditional Use Permit No. 2010-18 is approved.
9. Music/noise shall not be audible beyond 20 feet from the exterior of the
premises in any direction.
Resolution No. 2070-12
Page 12 of ? 8
31 A-26
SEPTEMBER 27, 200
PAGE 3 OF 4
10. This land use authorization is only fora Type 47 on-sale general, public
eating-place, any other license use at this location will require a new land
use clearance.
11 . Neither the applicant, nor any person or entity operating the premises with
the permission of the applicant, shall violate the City's adult entertainment
ordinance contained in SAMC section 12-1 and 12-2.
12. The premises shall not be operated as an adult entertainment business as
such term is defined in Santa Ana Municipal Code section 41-1701 .6.
13. This conditional use permit shall be reviewed at six months, at one year and
then annually thereafter by the Police Department for any modification to
the conditions of approval.
14. Existing restaurant 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.
15. Prior to issuance of Letter of Approval to the Alcohol Beverage Control
Board condition 14 must be complied with.
16. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
17. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage.
18. Window displays and racks must be kept to a maximum height of three feet
including merchandise.
19. Atimed-access cash controller or drop safe must be installed.
20. Install a silent armed robbery alarm.
21. The applicant shall employ a minimum of one uniformed, licensed security
guard for every 100 persons in attendance per event, for the purpose of
keeping the peace at all times entertainment is provided or that a cover
charge, donation, or admission fee is collected to enter the premises.
Resolution No. 20? O-? 2
Page ? 3 of ? 8
31 A-27
SEPTEMBER 27, 20? O
PAGE40F4
22. 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 Department.
23. The applicant must submit a comprehensive security plan for Police
Department review and approval.
C. Fire Department
Plans must note fire alarm system when submitted for plancheck.
Resolution No. 20? O-? 2
Page ? 4 of 7 8
31 A-28
EXHIBIT C
Conditions for Aaaroval of Conditional Use Permit No. 20? O-y 9
Conditional Use Permit No. 201 O-? 9 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. Planning Division
1. The banquet facility shall comply with the following development and
operational standards.
a_ All banquet facilities require a kitchen facility including, but not limited
to, an oven, stove, refrigeration, freezer, exhaust hood, grease
receptor, cutting and preparation areas, dishwashing area or
machine, employee sink and mop, and appropriate counter/service
facilities.
b. All banquet facilities require sanitation facilities in compliance with
the California Building Code building standards.
c_ Whenever there is entertainment with or without alcohol, the banquet
facility shall provide a uniformed state licensed security guard, as
approved by the chief of police, at the rate of one guard per 100
attendees, with a minimum of one security guard, or other security
measures as approved by the Chief of Police. The guards shall be
present until attendees have left the premises.
d. All banquet facilities shall provide exterior lighting in compliance with
Police Department standards.
2. All proposed site improvements must conform with Site Plan Review
approval of DP No. 2010-35.
Resolution No. 2010-12
Page 15 of 18
31 A-29
SEPTEMBER 27, 200
PAGE 2 OF 4
3. 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_
B. Police Department
1 . The sale of alcoholic beverages for consumption off the premises is strictly
prohibited.
2. There shall be no exterior advertising of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the
availability of alcoholic beverages on the premises. Interior displays of
alcoholic beverages or signs, which are clearly visible to the exterior, shall
constitute a violation of this condition.
3. It shall be the 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.
4. The applicant(s) shall be responsible for maintaining free of litter the area
adjacent to the premises under the control of the licensee.
5. 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.
6. Any graffiti painted or marked upon the premises or on any adjacent area
under the control of the licensee(s) shall be removed or painted within 24
hours of being applied.
7. There shall be no pool tables, amusement machines or video games
maintained on the premises at any time.
8. The sales, service, and consumption of alcoholic beverages shall be
permitted only between the hours of 9:00 a.m. and ? 2:00 a.m. unless
Conditional Use Permit No. 20'10-18 is approved.
9. Music/noise shall not be audible beyond 20 feet from the exterior of the
premises in any direction.
Resolution No. 20? 0-7 2
Page ? 6 of 7 8
31 A-30
SEPTEMBER 27, 20? O
PAGE 3 OF 4
10. This land use authorization is only fora Type 47 on-sale general, public
eating-place, any other license use at this location will require a new land
use clearance.
11. Neither the applicant, nor any person or entity operating the premises with
the permission of the applicant, shall violate the City's adult entertainment
ordinance contained in SAMC section 12-1 and 12-2.
12. The premises shall not be operated as an adult entertainment business as
such term is defined in Santa Ana Municipal Code section 41-1701 .6.
13. This conditional use permit shall be reviewed at six months, at one year and
then annually thereafter by the Police Department for any modification to
the conditions of approval.
14. Existing restaurant 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.
15. Prior to issuance of Letter of Approval to the Alcohol Beverage Control
Board condition 14 must be complied with.
16. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
17. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage.
18. Window displays and racks must be kept to a maximum height of three feet
including merchandise.
19. Atimed-access cash controller or drop safe must be installed.
20. Install a silent armed robbery alarm.
21. The applicant shall employ a minimum of one uniformed, licensed security
guard for every 100 persons in attendance per event, for the purpose of
keeping the peace at all times entertainment is provided or that a cover
charge, donation, or admission fee is collected to enter the premises.
Resolution No. 2010-12
Page 17 of 18
31 A-31
SEPTEMBER 27, 20? O
PAGE40F4
22. 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 Department.
23. The applicant must submit a comprehensive security plan for Police
Department review and approval.
C. Fire Department
1 . Plans must note fire alarm system when submitted for plancheck.
Resolution No. 201 O-? 2
Page 18 of ? 8
31 A-32