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RESOLUTION NO. 2012-18
ROH - 09/10112
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2012-12 TO ALLOW A TYPE 47
ALCOHOLIC BEVERAGE CONTROL LICENSE 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. The applicant is requesting approval of Conditional Use Permit No. 2012-
12 for a Type 47 (on-sale general) Alcoholic Beverage Control (ABC)
license to allow the sales of beer, wine and distilled spirits for the property
located at 220 East Fourth Street, Suite 102.
• B. Conditional Use Permit No. 2012-12 came before the Zoning
Administrator of the City of Santa Ana for a duly noticed public hearing on
August 15, 2012. Conditional Use Permit No. 2012-12 came before the
Planning Commission of the City of Santa Ana on August 27, 2012, for
affirmation. On August 27, 2012, the Planning Commission continued the
matter for public hearing on September 10, 2012. On September 10,
2012, the Planning Commission held a duly noticed public hearing on
Conditional Use Permit No. 2012-12.
C. Santa Ana Municipal Code Section 41-196 requires a conditional use
permit for the sale of alcoholic beverages for on-site consumption.
D. Santa Ana Municipal Code Section 41-638 authorizes the Zoning
Administrator and Planning Commission to approve 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?
The proposed alcohol beverage license use will provide an
ancillary service to the restaurant and thereby benefit the
• community by providing an additional food-related amenity at
the eating establishment. Conditions have been placed on
Resolution No. 2012-18
Page 1 of 7
• 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 license for the on-sale of beer, wine, and
distilled spirits at The Playground 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 sale of alcoholic beverages will occur inside of the
premises an in a seating area on the adjacent East End
Promenade and is incidental to the restaurant use. Alcohol
will stop being served on the patio area one hour prior to
closing time.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The project site is a commercial building that currently has a
• restaurant use and promotes a balance of land uses which
enhances the City's economic and fiscal viability. Alcoholic
beverages on the menu at The Playground will augment the
culinary experience which will 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?
As conditioned, the proposed project will be in compliance
with all applicable regulations and conditions imposed on a
restaurant selling beer, wine and distilled spirits 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.
Goal 1.0 of the Land Use Element requires that land use
decisions promote a balance of land uses to address basic
• community needs. The restaurant offers people a place to
recreate and eat, thereby serving the community. Goal 2.0
of the Land Use Element requires that land use decisions
Resolution No. 2012-18
Page 2 of 7
• promote land uses which enhance the City's economic and
fiscal viability. Therefore a variety of land uses that serve
the public are necessary to offer a wide range of goods and
services.
E. In accordance with the California Environmental Quality Act the
recommended action is exempt from further review per Section 15321
Class 21 because it is an action by a regulatory agency to enforce a
license, and will be in conformance with all city codes and requirements.
Categorical Exemption Review No. 2012-28 will be filed for this project.
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Section 2. The Planning Commission of the City of Santa Ana hereby
approves Conditional Use Permit No. 2012-12 as conditioned in Exhibit "A" attached
hereto and incorporated herein. This decision is based upon the evidence submitted at
the above said hearing, which includes, but is not limited to: the Request for Zoning
Administrator Action dated August 15, 2012, and exhibits attached thereto; 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.
AYES: Commissioners: Acosta, Gartner, Mill, Nalle, Turner (5)
NOES: Commissioners: Yrarrazaval (1)
ABSENT: Commissioners: Alderete (1)
ABSTENTIONS: Commissioners: None (0)
__... I
/~
Ja es Gartner
Vice Chairman
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APPROVED AS TO FORM:
Sonia R.~arvalho, City Attorney
Ryan
Resolution No. 2012-18
Page 3 of 7
• CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2012-18 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on September 10, 2012.
Date: ~ ~" ,
Clerk o the Plan ~ om sion
City of Santa Ana
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•
Resolution No. 2012-18
Page 4 of 7
•
Conditions for Conditional Use Permit No. 2012-12
Should Conditional Use Permit No. 2012-12 be approved, the project shall comply with all
applicable sections of the Santa Ana Municipal Code (SAMC), 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 rip Of t0
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
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.
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2. The restaurant must be maintained as a bona fide eating establishment. An
eating establishment as defined by the Alcoholic Beverage Control Board
and the Planning Commission must include the following items:
a. One conventional range/oven
b. An automatic dishwasher
c. A double sink
d. A 25 cubic foot refrigerator
e. A four-foot by six-foot food preparation area
3. The alcoholic beverage storage and display area may not exceed five
percent of the restaurant's gross floor area.
B. Police Department
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
frequently than on a quarterly basis and shall be made available to the City,
if requested.
2. The sale of alcoholic beverages for consumption off the premises is strictly
prohibited.
• Exhibit A
SEPTEMBER 10, 2012
• PAGE 2 OF 3
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 on the premises. Interior displays of
alcoholic beverages or signs, which are clearly visible to the exterior, shall
constitute a violation of this condition.
4. 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.
5. The applicant(s) or an employee of the licensee(s) will be present in the
patio area at all times that alcoholic beverages are being served or
consumed.
6. The applicant(s) shall be responsible for maintaining free of litter the area
adjacent to the premises under the control of the licensee.
• 7. 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.
8. There shall be no pool tables, amusement machines or video games
maintained on the premises at any time.
9. Ambient music shall not be played outside the premises. MusiGnoise shall
not be audible beyond 20 feet from the exterior of the premises in any
direction.
10. This land use authorization is only for a Type 47 on-sale general for bona
fide public eating place, any other license use at this location will require a
new land use clearance.
11. 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.
12. 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.
13. This conditional use permit shall be reviewed at six months, atone year and
• then annually thereafter by the Police Department for any modfication to
the conditions of approval.
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SEPTEMBER 10, 2012
PAGE 3 OF 3
14. Existing restaurant 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 projects lighting,
door/window locking devices and addressing be upgraded to current code
standards. Prior to issuance of Letter of Approval to the Alcohol Beverage
Control Board this condition must be complied with.
15. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
16. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage.
17. Window displays and racks must be kept to a maximum height of three feet
including merchandise.
18. Atimed-access cash controller or drop safe must be installed.
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19. Indoor entertainment must be in compliance with the Santa Ana Municipal
Code.
20. Install a silent armed robbery alarm.
21. The sales, service, and consumption of alcoholic beverages shall be
permitted only between the hours of 9:00 a.m. and X2:00 a.m. inside of the
establishment. Sales and service of alcoholic beverages shall be permitted
only between the hours of 9:00 a.m. and 1:30 a.m. on the patio. (Modified
by the Zoning Administrator August 15, 2012)
22. There shall be no fixed bar or lounge area upon the premises maintained
for the sole aurpose of sales, service or consumption of alcoholic
beverages directly to patrons. (Added by the Zoning Administrator
August 15, 2012)
23. No cover charge allowed as defined in chapter 41 of the Santa Ana
Municipal Code (SAMC) as to live entertainment. (Added by the
Pianning Commission September 10. 2012)