HomeMy WebLinkAbout2001-58C7
RESOLUTION NO. 2001-58
Kdo/11 /28/01
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING AND ADOPTING,
THE MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING PROGRAM FOR
ENVIRONMENTAL REVIEW NO. 01-129 AND APPROVING
CONDITIONAL USE PERMIT NO. 2001-33 AS
CONDITIONED FOR THE PROPERTY LOCATED AT 505
N. SYCAMORE 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. The Mitigated Negative Declaration and the Mitigation Monitoring Program
for Environmental Review No. 01-129 and Conditional Use Permit No.
2001-33 came before the Planning Commission of the City of Santa Ana
• for a public hearing on November 26, 2001.
B. Will the proposed use provide a service or facility which will contribute to
the general well being of the neighborhood or community?
The proposed use will provide an added amenity to the existing
restaurant and catering service, thus providing a beneficial
advantage 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.
C. 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 use, the addition of the banquet facility use to the
existing restaurant and catering service, 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
• are a critical part of the operational needs of the Santa Ana
Resolution No. 2001-58
Page 1 of 3
• Performing Arts and Events Center. Moreover, conditions are
imposed to mitigate any potential impacts to those in the vicinity.
D. Will the proposed use adversely affect the present economic stability or
future economic development of properties surrounding the area?
The 0.24-acre site is a commercial establishment that is suitable for
the proposed use. The addition of a banquet facility use at the
Santa Ana Performing Arts and Events Center should 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.
E. 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.
F. 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 Central Business (C3) zoning
district. Additionally, the use as conditioned, is in compliance with
the regulations identified in the zoning code.
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves and adopts the Mitigated Negative Declaration and
the Mitigation Monitoring Program for Environmental Review No. 01-129.
Section 3. The Planning Commission of the City of Santa Ana hereby,
approves Conditional Use Permit No. 2001-33 as conditioned in Exhibit "A" attached
hereto and incorporated herein.
U
Resolution No. 2001-58
Page 2 of 3
• ADOPTED this 26th day
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
•
ATTEST:
of November 2001 by the following vote:
Cribb, Doughty, Leo, Mondo, Nalle, Richardson, Verino (7)
None (0)
None (0)
None (0)
Laura Johnson
Secretary to the Planning Commission
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
;~
Kylee Odd e
Deputy Cily Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify
the attached Resolution No. 2001-58 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on r~;~ ~,/
_~ .~
Date: ~~ / .~:.~'~ ,u---
a ing Co isslon Secretary
City of Sa a Ana
Resolution No. 2001-58
Page 3 of 3
Conditions for Approval for Conditional Use Permit No,_ 01-33
Should Conditional Use Permit No. 01-33 be approved, the project shall comply 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. In
addition, it shall meet the following conditions:
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. Any amendment to this conditional use permit must be submitted to the
Planning Division and Police Department for review.
2. 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 (1) guard/one hundred
(100) attendees, with a minimum of one (1) 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.
3. The project shall remain in compliance with Site Plan Review (DP No. 01-
050).
•
EXHIBIT "A"
Page 1 of 4
• B. Police Department
There shall be no public dancing permitted on the premises at any time
unless an approved dance permit has been obtained from the Chief of
Police or his designate.
2. There shall be no music played outside. Any background music or noise
shall not be audible beyond 20 feet from the exterior of the premises in any
direction.
3. 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.
4. The applicant shall be responsible for maintaining free of litter the area
adjacent to the premises over which he has control.
5. There shall be no pool tables or coin-operated games maintained upon the
premises at any time.
6. 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.
7. A menu and food service shall be available at all times the fixed bar is being
utilized (3rd floor).
8. Any bar stool type of seating is prohibited at the fixed bar (3rd floor).
9. All public telephones shall be located on the interior of the premises.
10. At all times the venue is being operated, the applicant shall employ one
uniformed licensed security guard to monitor the parking structure just west
of the premises (500 North Sycamore). If the applicant directs patrons to
park in the parking structure located on the southwest corner of Fifth and
Main Street, there shall be a minimum of one uniformed licensed security
guard assigned specifically to that location. If the applicant directs his
patrons to one specific parking location, the alternate location's guard
requirement will be waived. These guards are assigned specifically to these
locations and shall remain on the premises until all activity has ceased and
all patrons have cleared that parking area. Security guards are permitted to
wear blazers if the following conditions are met. These conditions will allow
them to be readily identifiable as security personnel. Blazers must be
identical in color and style, and must clearly display the word
• "Security" in the left chest area. These guards must, at all times, comply
EXHIBIT "A"
Page 2 of 4
• with the State of California Private Security Service Act [Division 3, Business
& Professions Code Chapter 11.5]. Blazer-attired security guards are
prohibited from providing service m the parking structure that patrons utilize.
11. The Chief of Police or his designate shall first approve every security guard
employed by you. If there is a marked or noticeable increase in the number
of police-related incidents on or near the premises, as such increase may be
determined by the Chief of Police, the permittee shall increase the number
of uniformed, licensed security guards to a total number of guards as
determined by the Chief of Police.
12. The applicant is responsible for providing to the Chief of Police, or his
designate, a monthly schedule of all events scheduled for the premises.
This schedule must include, but not be limited to, the number of security
guards assigned, hours of the event, anticipated attendance, name of the
responsible party, and whether alcoholic beverages will be sold or
consumed on the premises.
13. 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, a
copy of which is attached hereto.
• 14. The premises shall not be operated as an adult entertainment business as
such term defined in Santa Ana Municipal Code Section 41-1701.6, a copy
of which is attached hereto.
15. The proposed use shall be evaluated after 90 days, six months and annually
thereafter in order to determine compliance with the above conditions.
16. The existing building and parking lot (that will be utilized by the Center) must
conform to the provisions of Chapter 8, Article I I, 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.
17. Window displays must be kept to a minimum for maximum visibility and shall
not exceed 25 percent of window coverage.
18. The establishment's sales and service hours to be maintained as follows:
1. Sunday through Wednesday: 6:30 a.m. until 12:00 a.m.
2. Thursday through Saturday: 6:30 a.m. until 12:30 a.m.
•
EXHIBIT "A"
Page 3 of 4
• 19. Closing hours will be extended until 1:30 a.m., 15 days a year. This
condition is contingent on a written letter to the Special Investigations
Commander of the Police Department, a minimum of 48 hours prior to the
date of the event.
20. The sale of beer and/or wine for consumption off the premises is prohibited.
21. No alcoholic beverages shall be consumed on any property adjacent to the
premises over which the licensee has control.
22. The quarterly gross sales of alcoholic beverages shall not exceed the gross
sales of food during the same period.
23. The banquet facilities shall be serviced, managed, and operated by a sole
entity. The facility shall not be sublet or operated by any additional catering
service or promoter.
•
•
EXHIBIT "A"
Page 4 of 4
• Selected Santa Ana Municipal Code Sections
Sec. 12-1. Prohibitions: Definitions: Waiters, waitresses, entertainers.
Every person is guilty of a misdemeanor who, while acting as a waiter, waitress
or entertainer in an establishment which serves alcoholic beverages for
consumption on the premises of such establishment:
(a) Exposes his or her genitals, pubic hair, buttocks,
natal cleft, perineum, anal region or pubic hair region;
or
(b) Exposes any device, costume or covering which
gives the appearance of or simulates the genitals,
pubic hair, buttocks, natal cleft, perineum, anal region
or pubic hair region; or
(c) Exposes any portion of the female breast at or
below the areola thereof.
(Ord. No. NS-1662, § 1, 12-20-82)
• Sec. 12-2. Counseling or assisting.
Every person is guilty of a misdemeanor who causes, permits, procures,
counsels or assists any person to expose or simulate exposure as prohibited in
section 12-1.
(Ord. No. NS-1166, § 2, 6-4-73)
Sec. 41-1701.6. Adult entertainment businesses.
As used in this article, the term "adult entertainment businesses" means any one
(1) of the following:
(1) Adult arcade. The term "adult arcade" as used in
this chapter, is an establishment where, for any form
of consideration, one (1) or more still or motion picture
projectors, or similar machines, for viewing by five (5)
or fewer persons each, are used to show films,
computer generated images, motion pictures, video
cassettes, slides or other photographic reproductions
• (that] regularly feature, but in no event more than
twenty (20) percent of the number of which, are
• distinguished or characterized by an emphasis upon
the depiction or description of specified sexual
activities or specified anatomical areas.
(2) Adult bookstore. The term "adult bookstore" as
used in this chapter, is an establishment that regularly
features, but in no event has more than twenty (20)
percent of its stock in trade in books, magazines,
periodicals or other printed matter, or of photographs,
films, motion pictures, video cassettes, slides, tapes,
records or other form of visual or audio
representations which are distinguished or
characterized by an emphasis upon the depiction or
description of specified sexual activities and or
specified anatomical areas.
(3) Adult cabaret. The term "adult cabaret" as used in
this chapter, means a cabaret, restaurant, or similar
business establishment which: (1) regularly features
live performances which are distinguished or
characterized by an emphasis upon the display of
specified anatomical areas or specified sexual
• activities; and/or (2) which regularly features live
performances by persons who appear semi-nude.
(4) Adult hotel/motel. The term "adult hotel/motel" as
used in this chapter, means a hotel or motel or similar
business establishment offering public
accommodations for any form of consideration which,
(1) provides patrons with closed-circuit television
transmissions, films, computer generated images,
motion pictures, video cassettes, slides, or other
photographic reproductions that regularly feature, but
in no event more than twenty (20) percent of the
number of which, are distinguished or characterized
by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical
areas; and (2) rents, leases, or lets any room for less
than asix-hour period, or rents, leases, or lets any
single room more than twice in atwenty-four-hour
period.
(5) Adult motion picture theater. The term "adult
motion picture theater" as used in this chapter, is a
business establishment where, for any form of
• consideration, films, computer generated images,
motion pictures, video cassettes, slides or similar
photographic reproductions are shown, and regularly
feature, but in no event more than twenty (20) percent
of the number of which, are distinguished or
characterized by an emphasis upon the depiction or
description of specified sexual activities or specified
anatomical areas.
(6) Adult theater. The term "adult theater" as used in
this chapter, means a legitimate theater, concert hall,
auditorium, or similar establishment primarily devoted
to theatrical performances which, for any form of
consideration regularly features live performances
which are distinguished or characterized by an
emphasis on the display of specified anatomical areas
or specified sexual activities.
•
(7) Modeling studio. The term "modeling studio" as
used in this chapter, means a business which meets
the definition of a figure modeling studio pursuant to
article IV of chapter 12 of this Code or which provides,
for pecuniary compensation, monetary or other
consideration, hire or reward, figure models who, for
the purposes of sexual stimulation of patrons, display
"specified anatomical areas" to be observed,
sketched, photographed, painted, sculpted or
otherwise depicted by persons paying such
consideration. "Modeling studio" does not include
schools maintained pursuant to standards set by the
state board of education. "Modeling studio" further
does not include a studio or similar facility owned,
operated, or maintained by an individual artist or
group of artists, and which does not provide, permit,
or make available "specified sexual activities."
(Ord. No. NS-2373 § 8, 12-7-98)
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