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• bk:10/28/09
RESOLUTION NO. 2009-13
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA GRANTING IN PART AND
DENYING IN PART MODIFICATIONS TO CONDITIONAL
USE PERMIT NO. 2004-21 FOR A TYPE 48 "PUBLIC
PREMISES" ALCOHOLIC BEVERAGE CONTROL LICENSE
FOR THE PROPERTY LOCATED AT 215 NORTH
BROADWAY
BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA
ANA AS FOLLOWS:
Section 1. The Zoning Administrator of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Applicant is requesting approval of modifications to Conditional Use Permit
No. 2004-21 for a Type 48 (on-site general "public premises") Alcoholic
Beverage Control license for the property located at 215 North Broadway,
• currently operated as the Proof Bar.
B. The request to modify Conditional Use Permit No. 2004-21 came before the
Zoning Administrator of the City of Santa Ana for a duly noticed public
hearing on November 4, 2009.
C. The changes requested include the hours of operation, outdoor sale and
consumption of alcohol, allowing the rear door to be kept open, sale of draft
beer, sale of "hard" alcohol by the bottle, dancing, the allowance of a cover
charge and the expansion of the bar into the basement.
D. Santa Ana Municipal Code Section 41-196 requires a conditional use permit
for the sale of alcoholic beverages for on-site consumption.
E. The Zoning Administrator determines that the following findings, which must
be established in order to grant a Conditional Use Permit from the provisions
of the Santa Ana Municipal Code Section 41-638, have been established:
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 modifications to conditional use permit to allow
a cover charge, serving draft beer, bottle service, advertising
or signs indicating the availability of alcohol, usage of the
• basement and to allow the hours of operation from 11:00 a.m.
to 2:00 a.m. will continue to provide an ancillary service and
Resolution No. 2009-13
Page 1 of 10
• amenity to the Artists Village and thereby benefit the
community. The provision of a bar could create a negative
impact to the surroundings. Modified conditions have been
placed on the Alcoholic Beverage Control license that will
mitigate 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 approval of the modifications, noted in Item A above, to
the conditional use permit will not be detrimental to persons
residing or working in the area because the use, as
conditioned, will not create negative or adverse impacts. The
sale of alcoholic beverages will occur on the premises.
Moreover, conditions are imposed to mitigate potential impacts
to those in the vicinity.
3. Will the proposed use adversely affect the present economic stability
or future economic development of properties surrounding the area?
The bar is a suitable and appropriate use within the downtown
setting. The modification supported should increase the
patronage within the Artists Village, thereby enhancing the
• viability of the business. Further, with the conditions imposed
the use and site should enhance the success of the area
building on the successful cultural and business climate of 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 bar
selling alcoholic beverages 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 modifications will not adversely affect the
General Plan. Bars and ancillary uses such as alcoholic
beverage control licenses are permitted within the Central
Business-Artists Village (C3-A) zoning district and the District
Center (DC) General Plan designation. The project will help to
facilitate Goal 2.0 to "Promote land uses which enhance the
City's economic and fiscal viability." The modifications
supported will help to provide a service to complement other
• uses within the growing Artists Village. Further, Goal 4.0 of
the Land Use Element, protect and enhance development
Resolution No. 2009-13
Page 2 of 10
• sites and districts which are unique community assets that
enhance the quality of life. An establishment that adds to the
nightlife of the Artists Village promotes the unique makeup of
the area with a mix of residences and commercial businesses.
F. 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. 2008-39 will be filed for
this project.
Section 2. The Zoning Administrator of the City of Santa Ana after conducting
the public hearing hereby grants in part and denies in part the application to modify
Conditional Use Permit No. 2005-21, as conditioned in Exhibit A hereto (underlined text
showing additions and strike-through text showing deletions), which is incorporated herein
by this reference. 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 November 4, 2009, and exhibits attached thereto; and the public testimony, all of
which are incorporated herein by this reference.
• ADOPTED this 4th day of November 4, 2009
~-
Vince Frego 0
Zoning Admini ator
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
~,
~ ' i- ~,
By: ~ ;
Benjamin,l4aufman
ChiefiAssF$tant City Attorney
•
Resolution No. 2009-13
Page 3 of 10
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Secretary to the Zoning Administrator, do hereby attest to and
certify the attached Resolution No. 2009-13 to be the original resolution adopted by the
Zoning Administrator of the City of Santa Ana on November 4, 2009.
Date: -~~"U ~~~~
Secretary to the Zonl mini, rator
City of Santa Ana //
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U
•
Resolution No. 2009-13
Page 4 of 10
• Conditions for Approval
Should modification to Conditional Use Permit No. 2004-21 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 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. Planninu Division
1. Any amendment to this conditional use permit must be submitted to the Planning
Division and Police Department for review.
2. The project shall remain in compliance with Site Plan Review (Development
• Project No. 04-049).
3. A C3 parking waiver shall be applied for and approved prior to issuance of
certificate of occupancy.
4. Prior to issuance of a certificate of occuoancy for the basement space, all code
requirements including but not limited to Building and Fire items, shall be in
compliance.
B. Police Department
1. Sales, service and consumption of alcoholic beverages shall be permitted
only between the hours of 4:99--p+xr: 11:00 a.m. and 2:00 a.m., daily.
2. The sale of alcoholic beverages for consumption off the premises is strictly
prohibited, including the adjacent outdoor area.
3. No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the licensee(s).
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Resolution No. 2009-13
Page 5 of 10
• 4. The applicant shall post and maintain a professional quality sign on the
east elevation of the premises prohibiting the consumption of alcoholic
beverages outside the licensed premises.
5. No sales or consumption of alcoholic beverages shall take place outside.
6` The ~~,e „c ar..r+ beer ..rr.h'h'+.,.+ The sales of beer and malt beverages
in pitchers or containers more than 16 ounces in size are prohibited.
7. lT""rhlG ...".,~., .., ...,....... ~i bee ~n Mrs /r.r rare ~r. h+ her~r\ 'r... rr.h'h YerJ
8. An alcohol-pouring device used to control portions must be attached to
any champagne or distilled spirits when sold by the bottle.
9. Prior to Plannina Commission approval, the operator shall submit for
review and approval to both the Police Department and Planning Division
a Security and Operations Plan outlining the services provided, employees
and duties/titles, schedule of events/entertainment planned, outline the
method to provide service at the tables and basement level, as well as any
other information outlining the security and operations of the
establishment. This plan once approved by the Police Department and
Planning Division shall become a condition of approval for this
• discretionary action. Any modification to this Security and Operations plan
must be pre-approved by both the Police Department and Planning
Division. The security plan shall contain the following:
a. The rear exit door at the basement level shall be kept closed at all
times during the operation of the premises except in cases of
emergency and to permit deliveries. The door shall be equipped
with an audible alarm that is activated upon the opening of the
door.
b. On Friday and Saturday eveninas between the hours of 9:00 p.m
and 2:30 a.m. the licensee(s) shall provide a minimum of one (1)
uniformed licensed security guard for every 100 persons in
attendance per event, to maintain order therein and prevent any
activity, which would interfere with the quiet enioyment of their
property by nearby residents.
c. 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,
Resolution No. 2009-13
Page 6 of 10
•
licensed security guards to a total number of guards as determined
by the Chief of Police.
The licensee(s) or an employee of the licensee(s) will be present to
monitor alcohol consumption in the basement area at all times that
alcoholic beverages are being served or consumed.
e. The establishment shall be responsible for submitting to the Police
Department a schedule of events or theme nights taking place on
the premises on a monthly basis. The Police Department is to
receive a copy of the schedule no later than the first day of each
month.
The licensee shall provide a Closed Circuit Television System
approved by the Police Department and capable of viewing and
recording events inside the premises (basement area), the front of
the restaurant and rear alley with a resolution which will clearly
identify individuals for later identification. Camera system
components shall include:
A minimum of one color camera at each specified location.
•
ii. A color camera recorder or digital system capable of
recording events on all cameras simultaneously.
iii. A tape or disc storage library of recorded cameras kept for a
minimum of 60 days.
iv. If video tape is used tapes can not be taped over more than
six times.
v. An audio recording component that will record sounds
occurring at the specified location.
•
10. No employee or agent shall solicit or accept any alcoholic or non-alcoholic
beverage from any customer while in the premises.
11. Entertainment provided shall not be audible beyond 10 feet from the
exterior of the premises in any direction.
12. Entertainment provided shall be limited to a maximum of five musicians.
13. There shall be no dancing allowed on the premises.
Resolution No. 2009-13
Page 7 of 10
• 14. There shall be no exterior advertising of any' kind or type, '^
..,~L ..~.Fi..inn r!'r^n+^r+ +^ +h.~ e.he.i^r fri.m ...i+hi^ m..+in^ ^ inrJin~+inn +h^
except as provided for in the Code, or
the Alcohol Beverage Control statue and regulations.
15. The applicant(s) shall be responsible for maintaining free of litter the area
adjacent to the premises over which they have control.
16. There shall be no coin operated games or video machines maintained
upon the premises at any time.
17. There shall be no pool/billiard tables maintained upon the premises at any
time.
18. There shall be no public telephones located on the exterior of the
premises. Interior phones shall be restricted to outgoing calls only.
19. Any graffiti painted or marked upon the premises or on any adjacent area
under control of the licensee(s) shall be removed or painted over within 24
hours of being applied.
20. The petitioner(s) shall post a placard on the exterior east elevation of the
• premises prohibiting loitering, pursuant to California Penal Code ("CPC")
section 602.
21. It shall be the petitioner(s) responsibility to ensure that CPC section 602 is
complied with at all times that the premises are in operation.
22. Ret+t~er{s~skk'tN-ne~~ ^~ •.,-~-a:r~.;.:ssien--slaarge, ^ ^h°.^^ ^
r!^n..+~.~n ch..ll #here h^ ~. ^n++^ n r^h.;c^ .~ „m n,~mh^,-
w~ , ..~ ~....~ .~ ~......,........~ .... .... .... ..... ~,,... ... ................ ... ...................
^'o'~~. The applicant 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, cover charge, donation or any other form of
admission charge, including minimum drink orders or the sale of drinks.
23. If the City ceases providing security guards in the designated parking
structure, the applicant shall provide one (1) state licensed uniformed
security guard from 6:00 p.m. until one (1) hour after closing on Friday,
Saturday and Sunday, who shall maintain order therein and prevent any
activity which would interfere with the quiet enjoyment of their property by
nearby residents.
24. The rear door shall be kept closed at all times during the operation of the
premises except in cases of emergency and to permit deliveries. Said
door not to consist solely of a screen or ventilated security door.
•
Resolution No. 2009-13
Page 8 of 10
C]
C.
25. All employees must attend Responsible Beverage Server (RBS) training
provided by the State Department of Alcoholic Beverage Control.
26. The designated manager of the premises must be qualified by the State
Department of Alcoholic Beverage Control.
27. Neither the licensee, nor any person or entity operating the premises with
the permission of the licensee, shall violate the City's adult entertainment
ordinance contained in SAMC section 12-1 and 12-2.
28. The premises shall not be operated as an adult entertainment business as
such term defined in SAMC section 41-1701.6.
29. The conditional use permit shall be reviewed at 90 days, six months, at
one year and then annually thereafter by the Police Department for any
modification to the conditions of approval.
30. Existing suite and alley lighting 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
lighting door/window locking devises and addressing be upgraded to
current code standards. Lighting standards cannot be located in required
landscape planters.
31. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
32. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage.
33. Window displays and racks must be kept to a maximum height of three
feet including merchandise.
34. Install a silent armed robbery alarm.
Resolution No. 2009-13
Page 9 of 10