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RESOLUTION NO. 2002-17
Kdo/07/31 /02
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA APPROVING MODIFICATIONS
TO CONDITIONAL USE PERMIT NO. 1996-30 TO ALLOW
EXTENDED HOURS AND LIVE MUSIC FOR THE
PROPERTY LOCATED AT 416 WEST FOURTH STREET
BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Zoning Administrator of the City of Santa Ana hereby finds,
determines and declares as follows:
A. The request for modification to Conditional Use Permit No. 1996-30 came
before the Zoning Administrator of the City of Santa Ana for a public
hearing on July 31, 2002.
B. The applicant has requested modification to the Conditional Use Permit No.
1996-30 to extend the hours of operation and allow live music at the
• Boardwalk Cafe located at 416 West Fourth Street. The request for an
amendment to allow live music is in conjunction with an existing Type 47
beer, wine and distilled spirits license.
C. Santa Ana Municipal Code Section 41-638 authorizes the Zoning
Administrator to grant a conditional use permit upon making certain
findings.
1. Will the proposed use provide a service or facility, which will
contribute to the general well being of the neighborhood or
community?
i. The proposed amendment to allow one additional hour to the
operation will provide an ancillary service to the restaurant
and thereby benefit the community by providing an additional
food-related amenity at an eating establishment.
ii. The addition of live music will provide an additional amenity
for those patrons who wish the additional ambiance of live
music thereby benefit the community by providing an
additional service to patrons of the restaurant in the historic
district. Conditions have been placed on the alcoholic
beverage control license that will mitigate any potential
•
Resolution No. 2002-17
Page 1 of 4
• 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?
i. The modification of the alcoholic beverage control license to
the existing 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 extension of operations by one hour on the premises is
incidental to the restaurant use. Moreover, conditions are
imposed to mitigate any potential impacts to those in the
vicinity.
ii. The proposed use, the addition of live music at the existing
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 playing of live
music will occur inside of the premises and is incidental to
the restaurant use. 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?
The existing restaurant is suitable and appropriate within the
downtown setting. The change in hours of operation, in
conjunction with food sales should increase the patronage to
the restaurant, thereby enhancing the viability of the
business. Further, with the conditions imposed the use and
site should bolster the success of the area, building on the
successful business climate of the surrounding properties in
the area.
The exiting restaurant is located within the historic downtown
district that is suitable for a restaurant with live music. The
addition of live music at Boardwalk Cafe should 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?
Resolution No. 2002-17
Page 2 of 4
• i. As conditioned, the proposed project will be in compliance
with all applicable regulations and conditions imposed on a
restaurant selling beer and wine, 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 ancillary uses, such as alcoholic beverage
control licenses and live music, are consistent with the
regulations of the Central Commercial (C-3) zoning district
and the General Commercial (GC) General Plan
designation. Additionally, the use as conditioned is in
compliance with the regulations identified in the zoning code.
Section 2. The Zoning Administrator of the City of Santa Ana hereby,
approves Conditional Use Permit No. 1996-30 as conditioned in Exhibit "A" attached
hereto and incorporated herein.
ADOPTED this 31St day of July, 2002.
•
~~~~
Kenneth Adams
Zoning Administrator
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O to
Deputy ' y Attorney
•
Resolution No. 2002-17
Page 3 of 4
• CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, LAURA JOHNSON, Clerk of the Zoning Administrator, do hereby attest to and certify
the attached Resolution No. 2002-17 to be the original resolution adopted by the Zoning
Administrator of the City of Santa Ana on July 31, 2002.
Date: August 15, 2002
•
u
Clerk of the Zoning Administrator
City of Santa Ana
Resolution No. 2002-17
Page 4 of 4
. Conditions for Approval for Conditional Use Permit No. 1996-30
Conditional Use Permit No. 1996-30 is hereby amended and 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 rip or 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. All 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.
f. The alcoholic beverage storage area shall not exceed five percent of
the gross floor area.
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.
7. There shall be no parking on the Fire Department fire lanes or any other
• prohibited areas.
Exhibit A
• 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.
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,. C..Icc c+°niin° nnr~ nnno~ ~mn~inn of olnnhnlii. hnvnr~n°c eholl h° n°rw+i4~°rl
.,, ...,~ ...,., .........,.,...,.....r,...,..... .....,........., .,.,.....,.y........._.. ~., r ..............
. nnhi h°fi~inon 4h° hn~~rc~ of 7.nn o m ~nr! 'I'I:nn n m. The Sales, seNice,
and consumption of alcoholic beverages shall be permitted only in
conjunction with food service between the hours of 7:00 a.m. and 12:00
(midnight) Friday and Saturday and 7:00 a.m. and 11:00 p.m. on Sunday
through Thursdays.
5. There shall be no li„n °n+°.*~inmon+' amplified music or public dancing
permitted on the premises at any time.
6. Live entertainment provided shall be limited to a maximum of three
musicians with non-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.
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.
U
Exhibit A
• 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 +"° .,r°~ „^,~°r
of the n~nfr°I „f+"° r,.°.,~°° 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.
~~
Exhibit A