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HomeMy WebLinkAbout20120910_2012-08_220EFourthSt102• ROH - 09/10/12 RESOLUTION NO. 2012-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2012-11 AS CONDITIONED TO ALLOW THE HOURS OF OPERATION TO EXTEND TO 2:00 A.M., AND CONDITIONAL USE PERMIT NO. 2012-13 AS CONDITIONED TO ALLOW OPERATION AS A BANQUET FACILITY, FOR THE PROPERTY LOCATED AT 220 EAST FOURTH STREET, SUITE 102 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: Conditional Use Permit No. 2012-11 to allow the restaurant's hours of operation to extend to 2:00 a.m. as conditioned, and Conditional Use Permit No. 2012-13 to allow the restaurant to be used as a banquet facility as conditioned, for the property • located at 220 East Fourth Street, Suite 102. B. Santa Ana Municipal Code Section 41-2007 requires a conditional use permit for: businesses operating between the hours of 12:00 a.m. and 7:00 a.m., and the operation of a banquet facility. C. Conditional Use Permit Nos. 2012-11 and 2012-13 came before the Planning Commission of the City of Santa Ana on August 27, 2012, for a duly noticed public hearing. On August 27, 2012, the Planning Commission continued the public hearing to September 10, 2012. On September 10, 2012, the Planning Commission held a duly noticed public hearing on Conditional Use Permit Nos. 2012-11 and 2012-13. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established for Conditional Use Permit No. 2012-11 to allow for after hours operation: 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 after midnight operations will allow the Playground to remain competitive with other restaurants in Resolution No. 2012-08 Page 1 of 10 the area that also operate until 2:00 a.m. This will thereby • benefit the community by providing a restaurant with varied business hours. 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 operation of this restaurant until 2:00 a.m. will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the restaurant that will mitigate any potential negative or adverse impacts created by the late night 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 operate until 2:00 a.m. Further, the extended business hours allow the restaurant to remain economically viable and contributes to the overall success of downtown Santa Ana. • 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 operating after midnight pursuant to Chapter 41 of the Santa Ana Municipal Code. C� 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 operating in this zone contributes to the economic success of the downtown and the city as a shopping and dining destination. E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established for Conditional Use Permit No. 2012-13 to allow for a Banquet Facility: Resolution No. 2012-08 Page 2 of 10 • 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 banquet hall will allow the Playground to remain competitive with other restaurants to allow for private parties. This will thereby benefit the community by providing a restaurant where private events can take place. The Playground will still operate as a full service restaurant, but the banquet hall will be an ancillary use. 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 banquet hall use will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the restaurant that will mitigate any potential negative or adverse impacts created by this use. The Playground will still operate as a full service restaurant. 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 have a banquet hall use. Further, the banquet hall use will allow the restaurant to remain economically viable and contribute to the overall success of the East End Promenade and Downtown Santa Ana. 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 operating after midnight 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. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant operating in this zone contributes to the economic success of the downtown and the city as a • shopping and dining destination. Resolution No. 2012-08 Page 3of10 • F. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15301, Class 1, because it is an action in conformance with all city codes and requirements. Categorical Exemption Review No. 2012-28 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2012-11 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein and Conditional Use Permit No. 2012-13 as conditioned in Exhibit B 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 August 27, 2012 and exhibits attached thereto; the Request for Planning Commission Action dated September 10, 2012 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of September 2012 by the following vote: Confirmed the Zoning Administrator's action approving Conditional Use Permit No. 2012-12 to upgrade a Type 41 ABC license to a Type 47 ABC license as conditioned. The Planning Commission modified the conditions of approval to remove the cover • charge as defined in Chapter 41 of the Santa Ana Municipal Code (SAMC) as related to entertainment. AYES: Commissioners: Acosta, Gartner, Mill, Nalle, Turner (5) NOES: Commissioners: Yrarrazaval (1) ABSENT: Commissioners: Alderete (1) ABSTENTIONS: Commissioners: None (0) Approved Conditional Use Permit No. 2012-11 to allow the restaurant's hours of operation to extend to 2:00 a.m. as conditioned. SAPID McCoy modified Police conditions of approval on Conditional Use Permit No. 2012-11 Exhibit A, Items 4 (ambient music) and Item 13 (no entertainment) and removed cover charge as defined in Chapter 41 of the SAMC as related to entertainment. AYES: Commissioners: Acosta, Gartner, Mill, Nalle, Turner, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete (1) is ABSTENTIONS: Commissioners: None (0) Resolution No. 2012-08 Page 4 of 10 0 0 0 Approved Conditional Use Permit No. 2012-13 to allow the restaurant to be used as a banquet facility as conditioned and modified Conditional Use Permit No. 2012-13, Exhibit B Item 4 (ambient music) and Item 14 (no entertainment) and no cover charge as defined in Chapter 41 of the SAMC as related to entertainment. AYES: Commissioners: Acosta, Gartner, Mill, Nalle, Turner, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete (1) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2012-08 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 10. 2012 . Date: U- 4✓W Secretary of th-e-Pranni/no Commission City of Santa Ana / Resolution No. 2012-08 Page 5 of 10 • EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2012-11 Conditional Use Permit No. 2012-11 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 California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed belowrip 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 must conform to the Site Plan Review approval of DP No. 2012-21. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will • determine if administrative relief is available or the conditional use permit must be amended. n lJ 3. There shall be no gaming devices, such as pool tables, pinball machines, motion picture booths, etc, within the premises. 4. There shall be no conduct or entertainment allowed on the premises as prohibited by Chapter 12 of the Santa Ana Municipal Code (SAMC). B. Police Department 1. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 2. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 3. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. Resolution No. 2012-08 Page 6 of 10 • AUGUST 27, 2012 PAGE 2OF2 4. Amplified Ambient music shall not be played outside the premises. Music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. (Modified by the Planning Commission September 10, 2012) 5. 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 SAMC section 12-1 and 12-2. 6. The premises shall not be operated as an adult entertainment business as such term is defined in Santa Ana Municipal Code section 41-1701.6. 7. This conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 8. Existing building must conform to 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 door/window • locking devices and addressing be upgraded to current code standards. 9. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 10. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 11. Window displays and racks must be kept to a maximum height of three feet including merchandise. 12. A timed -access cash controller or drop safe must be installed 13. TheFe shall 199 AG GORdLIGt 9F enteFtaiRFReRt allowed en the picemises as pFehibited by Ghapter 12 of the Santa Ana MURiGipal Code (SAMG4 Indoor entertainment must be in compliance with the Santa Ana Municipal Code (SAMC). (Modified by the Planning Commission September 10, 2012) 14. Install a silent armed robbery alarm. 15. No cover charge allowed as defined in chapter 41 of the Santa Ana Municipal Code (SAMC) as to live entertainment. (Added by the • Planning Commission September 10, 2012) Resolution No. 2012-08 Page 7 of 10 • EXHIBIT B Conditions for Approval of Conditional Use Permit No. 2012-13 Conditional Use Permit No. 2012-13 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 California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed belowrip 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. Plannina Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2012-21. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will • determine if administrative relief is available or the conditional use permit must be amended. 0 3. There shall be no gaming devices, such as pool tables, pinball machines, motion picture booths, etc, within the premises. 4. There shall be no conduct or entertainment allowed on the premises as prohibited by Chapter 12 of the Santa Ana Municipal Code (SAMC). 5. The banquet facility use shall be conducted indoors only. B. Police Department 1. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 2. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 3. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. Resolution No. 2012-08 Page 8 of 10 • AUGUST 27, 2012 PAGE 2 OF 2 4. Amplified Ambient music shall not be played outside the premises. Musictnoise shall not be audible beyond 20 feet from the exterior of the premises in any direction. (Modified by the Planning Commission September 10, 2012) 5. This land use authorization is only for a Type 41 on -sale beer and wine for bona fide public eating place, any other license use at this location will require a new land use clearance. 6. 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 SAMC section 12-1 and 12-2. 7. The premises shall not be operated as an adult entertainment business as such term is defined in Santa Ana Municipal Code section 41-1701.6. 8. This conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. • 9. Existing building must conform to the provisions of Chapter 8, Article ll, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's door/window locking devices and addressing be upgraded to current code standards. 0 10. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 11. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 12. Window displays and racks must be kept to a maximum height of three feet including merchandise. 13. A timed -access cash controller or drop safe must be installed. 14. Indoor entertainment must be in compliance with the Santa Ana Municipal Code S( AMC). (Modified by the Planning Commission September 10, 2012) Resolution No. 2012-08 Page 9 of 10 • 15. Install a silent armed robbery alarm. 16 No cover charge allowed as defined in chapter 41 of the Santa Ana Municipal Code (SAMC) as to live entertainment. (Added by the Planning Commission September 10, 2012) 0 0 Resolution No. 2012-08 Page 10 of 10