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Home My WebLink About2001-01GAS:1/23/01 RESOLUTION NO.O1-O1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA MODIFYING CON- DITIONAL USE PERNIIT NO. 96-39 TO ALLOW NON- AMPLIFIED LIVE MUSIC AT THE EL TAPITIO RESTAURANT LOCATED AT 3700 WEST WARNER WHEREAS, the Planning Commission held a public hearing on January 8, 2001, to hear a request for four modifications to the conditions of approval for Conditional Use Permit No. 96-39, specifically pertaining to extending the hours which alcohol can be served, serving alcohol beverages without purchase of food items, allowing public dancing, and allowing all types of music to occur at the restaurant, WHEREAS, the Planning Commission denied the request for modifications to the conditions of approval for Conditional Use Permit No. 9b-39 related to extending the hours which alcohol can be served, serving alcoholic beverages without purchase of food item, and allowing public dancing, WII~REAS, the Planning Commission recommended modifying a condition of approval to Conditional Use Permit No. 96-39, to allow non-amplified live music of all types at the restaurant, • NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Based upon the evidence submitted at the above said hearing, this Commission finds and determines as follows: A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The property is currently a viable restaurant and as such provides a service and contributes to the general well being of the community. Providing additional live entertainment opportunities may enhance the ambiance of the restaurant, however, taken as a whole, the combined effect of the other requested changes indicates that this establishment intends to transition into a nightclub use which may cause additional police calls for service to this establishment. There have already been Police Department calls for service at this location including a gang related shooting. Additional calls for service would pull police resources from other areas of the City, which would have negative impacts to the general well being of the neighborhood and the community. B. 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 conditions of approval attached to a conditional use permit run with the property. New owners could operate the facility in a different manner than it is currently operated by existing management. There is the potential, by allowing extended hours, that alcohol can be sold at this location; and allowing public dancing, that over time this location may cause increased Police Department calls for service and police related incidents. These incidents, should they occur, would under the circumstances of the particular case be detrimental to the health, safety, and welfare of persons residing and working in the area. No such detriment exists with allowing additional live entertainment opportunities. C. Will the proposed use adversely affect the present economic stability or future economic development of property in the surrounding area? Providing additional live entertainment opportunities at El Tapatio is not anticipated to have adverse impacts on the economic stability or future economic development of the surrounding area. The additional services should strengthen the restaurant customer base and provide entertainment opportunities for restaurant customers and employees working in surrounding industrial buildings. D. Will the proposed use comply with the regulations and conditions specified in the chapter of the Santa Ana Municipal Code for such use? The proposed modification to the conditions of approval complies with all regulations and conditions specified in the Santa Ana Municipal Code pertaining to an alcoholic beverage licensed establishment. E. Will the proposed use adversely affect the General Plan of the City? The proposed modifications to the conditions of approval for the restaurant should not have an adverse affect on the General Plan designation of Industrial (IND) which allows restaurants and ancillary uses. 2. Modification to Conditional Use Permit No. 96-39 is hereby approved as conditioned in Attachment A, attached hereto and incorporated herein. ADOPTED this 2~ day of TANi1ARY , 2001, by the following vote: AYES: Commissioners Mondo, Nalle, Verino, Doughty, Cribb, and Leo NOES: Commissioners None ABSENT: Commissioners Richardson • ABSTENTIONS: Commissioners None • • ATTEST: ~~~~~~~ Sharon McCain Johnson Secretary to the Planning Commission APPROVED AS TO FORM: nj 'n Kau an hi Assistant ity Attorney • SOLUTION NO.00-O1 AGE 1 Conditions of Approval Should Conditional Use Permit No. 96-39 be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Building Code and all other applicable regulations: A. Zoning Administrator 1. No alcohol will be stored nor served from the seafood counter. Service to the seafood counter will be permitted only from the primary liquor bar of the establishment. All alcohol is to be served in conjunction with appetizers and/or food. 2. Police Department condition number 16 was deleted by the Zoning Administrator December 4, 1996. 8. Planning Division 1. The Restaurant must remain a bona fide eating establishment as defined by the Alcoholic Beverage Control Board and 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. C. Police Departm~eat 1. The existing building and: parking lot 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. ATTACHMENT A SOLUTION NO.00-01 AGE 2 2. Prior to 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. 4. Sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00 a.m. 5 . There shall be ~~!~~,~:fi;~:~~~';"~~ ..~r;;~~,~.,~n.~..~ti..,~ ',U;;.,~, . 3 ,~ 1-~,~-e~~e~~ a e~~a~~€re~-~1s i~ e~ per~rt~e~-ems tie--p•~e~e~~ a~ (Modified by the Planning Commission April 13, 1998). 6. The subject alcoholic beverages license shall not be exchanged for a public premises type of license nor operated as a public premises. • 7. There shall be no exterior advertising of any kind of type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 8. There shall be no coin-operated games or pool tables maintained on the premises at any time. 9. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food or other commodities during the same time period. 10. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 11. The sale of beer and/or wine for consumption off the premises is prohibited. 12. All public telephones shall be located on the interior of the premises. 13. At all times when the premises are open for business, the sale and service of alcoholic beverages shall be made only in conjunction with the sale and service of food. SOLUTION NO. 00-01 ~GE 3 14. 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. 15. Music shall not be audible beyond the area under the control of the licensee. 16. Tie-~a-lea; ~~~~ ~~, -~'' ee~e~re~ e~--a-~ee~e-~e~e~=e~age~~~ ~e-€e~~t-ems-ire die-d-i~~rg are~i-sue ~~~'~~'~~'-~-'. (Deleted by the Zoning Administrator December 9, 1996). 17. entertainment ,provided shall be limited to and be ancillary to the restaurant use (Modified by the Planning Commission April 13, 1998). (Modified by the Planning Commission. January 8, 2001). • C~