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RESOLUTION NO. 2005-68
KO - 9/7/05
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA MODIFYING CONDITIONAL
USE PERMIT NO. 1996-30 FOR A TYPE 41 ALCOHOLIC
BEVERAGE CONTROL LICENSE FOR THE PROPERTY
LOCATED AT 416 WEST FOURTH 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. Conditional Use Permit No. 1996-30 was approved by the Zoning
Administrator of the City of Santa Ana on September 18, 1996 and was
modified by the Zoning Administrator on July 31, 2002.
B. The applicant is requesting the following modifications to Conditional Use
Permit No. 2001-09, for a Type 41 Alcoholic Beverage Control license to
• allow the on-premise sale of beer, wine and distilled spirits at Boardwalk
Cafe located at 416 West Fourth Street:
The applicant is requesting a modification to 2:00 a.m. on Friday
and Saturday.
2. Allow dancing within the restaurant. The applicant is requesting an
approximately 300 square foot dance floor within the bar area.
3. The applicant is requesting up to six musicians with amplified
instruments.
4. Allow additional alcohol storage. The applicant is requesting
additional storage in the form of a wine cellar within the basement of
the building.
C. Santa Ana Municipal Code Section 41-196 requires a conditional use
permit for the sale of alcoholic beverages for on-site consumption.
D. Santa Ana Municipal Code Section 41-649 and 41-638 authorizes the
Planning Commission to modify a conditional use permit upon making
certain findings.
Resolution No. 2005-68
Page 1 of 4
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 modifications to the conditional use permit to allow the
extended hours of operation, enhanced entertainment,
dancing and additional alcohol storage will provide an
ancillary service and amenity to the downtown and Artists
Village and thereby benefit the community. Additional
conditions have been placed on the Alcoholic Beverage
Control license that will mitigate 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 approval of modifications to the conditional use permits
will not be detrimental to persons residing or working in the
area because the use, as conditioned, will not create
negative or adverse impacts. The sale of alcoholic
beverages will continue to occur on the premises. Moreover,
conditions are imposed to mitigate 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?
The modifications are suitable and appropriate ancillary uses
within the downtown and Artists Village setting. The late
hours, entertainment, and dancing will increase the
patronage within the downtown and Artists Village, thereby
enhancing the viability of the business. Further, with the
conditions imposed, the use and site will enhance the
success of the area building on the successful cultural and
business climate of 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 an
establishment selling alcoholic beverages 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.
Restaurants and their ancillary uses such as alcoholic
Resolution No. 2005-68
Page 2 of 4
beverage control licenses, entertainment, dancing and
extended hours of operation are permitted within the Central
Business-Artists Village (C3A) zoning district and the District
Center (DC) General Plan designation. These projects will
help to facilitate Goal 2.0 to "Promote land uses which
enhance the City's economic and fiscal viability". The
addition of these ancillary uses will help to provide a service
to complement other uses within the downtown and growing
Artists Village. Further, Goal 4.0 of the Land Use Element,
Protect and enhance development sites and districts which
are unique community assets that enhance the quality of life.
An establishment that adds to the nightlife of the downtown
and Artists Village promotes the unique make up of the area
with a mix of residences and commercial businesses.
2. In accordance with the California Environmental Quality Act, the proposed project
is Categorically Exempt. No further environmental review is needed.
Environmental Review No. 2005-63 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana hereby,
approves the modifications to Conditional Use Permit No. 1996-30 as conditioned in
Exhibit "A" attached hereto and incorporated 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 April 25, 2005 and exhibits attached
• thereto; and the public testimony, all of which are incorporated herein by this reference.
ADOPTED this 25th day of April, 2005 by the following vote:
AYES: Commissioners: Cribb, De La Torre, Gartner, Leo, Lutz, Mondo,
Nalle (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
v'
~.
Glen Mondo
Chairp rson
_~
r:
Resolution No. 2005-68
Page 3 of 4
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: ,~
Kylee O. Ott
Assistant Cit Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2005-68 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on April 25, 2005.
Date: ~ 5
Clerk f the Planni omm~ ion
City of Santa Ana
Resolution No. 2005-68
Page 4 of 4
Modified Conditions of Approval for Conditional Use Permit No. 1996-30
• Conditional Use Permit No. 1996-30 is approved subject to compliance, to the
reasonable satisfaction of the Planning Manager, with all applicable sections of the
Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code,
the Uniform Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below 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. (Added language highlighted,
deleted language in strikeout.)
A. Planning Division
1. Al! proposed site improvements shall conform with Site Plan Review
approval of DP 96-22.
2. The restaurant shall remain a bona fide eating establishment as defined
by the Alcoholic Beverage Control Board and by the standards established
by the Planning Commission. These guidelines state that restaurant
• establishments include the following:
a. One conventional range/oven.
b. A double sink.
c. A 25 cubic foot refrigerator.
d. A four-foot by six-foot food preparation area.
e. An automatic dishwasher.
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3. The interior lighting shall be in accordance with the Alcoholic Beverage
Control regulations.
4. There shall be no gaming devices, such as pool tables, pinball machines,
motion picture booths, etc.
5. There shall be no conduct or entertainment allowed on the premises as
prohibited by Chapter 12 of the Santa Ana Municipal Code (S.A.M.C.).
6. The trash enclosure area must be cleaned and kept in clean conditions at
all times.
Exhibit A
Page 1 of 3
7. There shall be no parking on the Fire Department fire lanes or any other
• prohibited areas.
8. There shall be no sales or consumption of alcohol on outdoor areas until a
street encroachment permit has been issued and the activity conforms to
the City's design standard.
9.
B. Police Department
1. The existing restaurant and exterior lighting must conform with the
provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal
Code (Building Security Ordinance). These code conditions will require
that the existing project's lighting, door/window locking devices and
addressing be upgraded to current code standards. Lighting standards
cannot be located in required landscape planters.
2. Prior to the issuance of Letter of Approval to the Alcohol Beverage Control
Board, all conditions must be complied with.
3. The applicant shall be responsible for maintaining the premises free of
litter and graffiti, including the area adjacent to the premises over which he
has control. All graffiti shall be removed within 24 hours of occurrence.
4. The sales, service, and consumption of alcoholic beverages shall be
permitted only in conjunction with food service between the hours of 7:00
a.m. and
6. Live entertainment provided shall be limited to a maximum of ##ree six
musicians with flee-amplified instruments located in the restaurant interior
only.
7. Live entertainment is allowed only on Fridays and Saturdays between the
hours of 7:00 a.m. to 12:00 a.m. and at no other time.
8. The subject alcoholic beverage license shall not be exchanged for a public
premises type of license nor operated as a public premises.
•
Exhibit A
Page 2 of 3
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. There shall be no coin-operated games or pool tables maintained on the
premises at any time.
11. The quarterly gross sales of alcoholic beverages shall not exceed the
gross sales of food during the same period.
12. No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the licensee with the exception
of the outdoor dining area once that area conforms to the proposed design
standards for outdoor dining areas.
13. The sale of beer and/or wine for consumption off the premises is
prohibited.
14. All public telephones shall be located on the interior of the licensed
premises.
15. At all times when the premises is open for business, the sale and service
of alcoholic beverages shall be made only in conjunction with the sale and
service of food.
16. The premises shall be maintained as a bona fide eating establishment and
shall provide a menu containing an assortment of foods normally offered
in such restaurants.
17. The premises shall not be operated as an adult entertainment business as
such term defined in Santa Ana Municipal Code Chapter 41-1701.6.
18. Music shall not be audible beyond 20 feet from the exterior of the
premises in any direction.
19. Neither the applicant, nor any person or entity operating the premises with
the permission of the applicant, shall violate the City's adult entertainment
ordinance contained in Santa Ana Municipal Code Section 12-1 and 12-2.
20. The use shall be evaluated after 90 days, six months, one year and
annually thereafter in order to determine compliance with the above
conditions.
21.
Exhibit A
Page 3 of 3
22.
23.
24.
Exhibit A
Page 4 of 8•~