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HomeMy WebLinkAbout110523_2011-10_416WFourth• ROH - 05/23/11 RESOLUTION NO. 2011-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA MODIFYING CONDITIONAL USE PERMIT NO. 1996-30 AS CONDITIONED 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. Applicant is requesting approval of modification to Conditional Use Permit No. 1996-30 to allow expansion into the basement level and entertainment seven days a week between the hours of 7:00 a.m. to 2:00 a.m. as conditioned, for the Velvet Lounge located at 416 West Fourth Street. B. In 1996, the Planning Commission of the City of Santa Ana approved Conditional Use Permit No. 1996-30 as conditioned allowing alcohol service within an existing eating establishment. C. Santa Ana Municipal Code Section 41-196 and 41-638 authorizes the Planning Commission to modify 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 the community? The proposed conditional use permit modifications will continue to provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer, wine and distilled spirits with their food. This will thereby benefit the community by continuing to provide a restaurant with an additional and complementary food -related amenity. Conditions have been placed on the alcoholic beverage control license which will mitigate any 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 proposed amendments to the existing conditional use permit for the on -sale consumption of beer, wine and distilled spirits at the restaurant will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic • Resolution No. 2011-10 Page 1 of 9 beverage control license that will mitigate any potential negative or • adverse impacts created by the use. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also offer alcoholic beverages for sale to their patrons. 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 alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code and the guidelines established by the Planning Commission for restaurants selling alcohol with their meal. The facility has the kitchen equipment necessary to be considered a bona fide restaurant use and continues to be eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than five percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the • Planning Commission. 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. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana. D. 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. This Class 1 exemption applies to alterations to an existing operation or facility with negligible expansion. Categorical Exemption Environmental Review No. 2011-44 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves the modifications to Conditional Use Permit No. 1996-30 as conditioned in Exhibit A 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 May 23, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. • Resolution No. 2011-10 Page 2 of 9 0 40 ADOPTED this day of May, 2011, by the following vote: AYES: Commissioners: Acbsta, Alderete, Gartner, Mill, Nalle, Turner, Yrarrazaval(7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Joseph A,,Straka, City Attorney By: Ryan O. nc Alderete Chairman CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2011-10 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 23, 2011 . .Secreta f the Planning ommissiV City of Santa Ana �/ Date: J/ • Resolution No. 2011-10 Page 3 of 9 Modified Conditions of Approval for Conditional Use Permit No. 1996-30 • Should modification to Conditional Use Permit No. 1996-30 be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards 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 prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. (Added language underlined, deleted language in strikeout.) A. Planning Division 1. All proposed site improvements shall conform with Site Plan Review approval of DP 96-22 and DP 10-30. (Modified by the Planning Commission May 23, 2011) 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. 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. • Resolution No. 2011-10 Page 4 of 9 MAY 23, 2011 • PAGE 2OF6 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. The outdoor area(s) shall cease to operate or allow customers into such area(s) from 1:00 a.m. until 7:00 a.m. Monday through Sunday. 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 79:00 a.m. and 2:00 a.m. (Modified by the Planning Commission May 23, 2011) 5. Live entertainment provided shall be limited to a maximum of six musicians with amplified instruments located in the restaurant interior only. 6. Live entertainment is allowed seven days a week enly on FFFdays and Saturdays between the hours of 79:00 a.m. to 42:00 a.m. and at no other time. (Modified by the Planning Commission May 23, 2011) 7. The subject alcoholic beverage license shall not be exchanged for a public premises type of license nor operated as a public premises. 8. 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. 0 MAY 23, 2011 • PAGE 3OF6 9. There shall be no coin-operated games of pool tables amusement machines or video games maintained on the premises at any time. (Modifred by the Planning Commission May 23, 2011) 10. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. These records are to be kept no less freauently than on a quarterly basis and shall be made available to the City, if requested. (Added by the Planning Commission May 23, 2011) 11. 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. 12. The sale of beer and/ewvine alcoholic beverages for consumption off the premises is strictly prohibited. (Modified by the Planning Commission May 23, 2011) 13. There shall be no AI4 public telephones shag be located on the exterior • interer of the licensed premises. Interior pay phones must be designed to allow outgoing calls only. (Modified by the Planning Commission May 23, 2011) 14. 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. 15. 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. 16. The premises shall not be operated as an adult entertainment business as such term defined in Santa Ana Municipal Code Chapter 41-1701.6. 17. Music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. (Modified by the Planning Commission May 23, 2011) 18. 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. lJ MAY 23, 2011 • PAGE 4 OF 6 19. The use shall be evaluated after 90 days, six months, one year and annually thereafter in order to determine compliance with the above conditions. 20. The applicant(s) shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, donation, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. 21. 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. 22. 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(s), with the exception of the enclosed patio areas. • 23. 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. 24. be responsible for monitoring the queuing lines at all times. (Modified by the Planning Commission May 23, 2011) 25. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. (Modified by the Planhing Commission May 23, 2011) 26. Food or alcohol maV not be served to patrons waiting to enter the establishment. (Modified by the Planning Commission May 23, 2011) 27. The applicant shall submit a monthly schedule of concerts and events to the police department. (Modified by the Planning Commission May 23, 2011) 0 MAY 23, 2011 • PAGE 5 OF 6 28. At all times, that dancing and/or entertainment is being conducted, the applicant shall employ a minimum of one (1) uniformed, licensed security guard iR the Fear alley aFea for every 100 persons in attendance Per event, for keeping the peace Mandated security officers will be required to use a radio frequency and communication equipment that is specified by the Police Department This specified radio equipment must be purchased and maintained by the establishment Each guard in the establishment must be provided a radio Guards will be required to provide escort service to patrons of the establishment if requested. Mandated security guards will be required to participate in mutual aid activities with the Police Department and other guard companies in the downtown area participate in mutual aid communications and information sharing meetings. This guard shall ensure the safety of those patrons going to or from their vehicles in the parking structure at Third and Birch Streets. (Modified by the Planning Commission May 23, 2011) 29. An electronic incident loq shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer or electronic transmission to the Santa • Ana Police Department The log is for recording any physical altercations, injuries and objectionable conditions that constitute a nuisance occurring in on or at the licensed premises including the immediately adjacent area that is owned leased or rented by the licensee. The log will indicate date time description of incident and action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness drinking in public harassment of passersby, gambling prostitution loitering public urination lewd conduct drug trafficking or excessive loud noise. (Modified by the Planning Commission May 23, 2011) 30. The police department will require State licensed security guards to perform crowd control inside and outside of the establishment, based upon the type of activities anticipated at the location or based upon prior history of activity at this establishment or other similar businesses. (Modified by the Planning Commission May 23, 2011) • MAY 23, 2011 is PAGE 6OF6 31. Security personnel required by the conditional use permit issued for the licensed premises shall be in a uniform or clothing, which is readily identifiable as a security person. They shall maintain order and enforce the establishment's no loitering policy, and shall take "reasonable steps" (as that term is defined in subparagraph (3) of Section 24200 of the California Business and Professions Code) to correct objectionable conditions that constitute a nuisance. (Modified by the Planning Commission May 23, 2011) 32. The owner or manaaer of the licensed premises shall maintain on the oremises a written securitv oolicv and procedures manual addressina at a minimum the following items: Handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting or arguing; handling loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s); verifying age/checking identification of patrons; warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police • regarding observed or reported criminal activity. (Modified by the Planning Commission May 23, 2011) 33. 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. (Modified by the Planning Commission May 23, 2011) 34. This land use authorization is only for a Type 47 on -sale beer & wine, public eating -place, any other license use at this location will require a new land use clearance. 35. No persons under the age of 18 shall be permitted entry into the establishment after 10:00 p.m., seven days a week. (Modified by the Planning Commission May 23, 2011) 0