Loading...
HomeMy WebLinkAbout20080409_2008-03_215NBroadwaySt KO – 4/3/08 RESOLUTION NO. 2008-03 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA MODIFYING CONDITIONAL USE PERMIT NO. 2004-21 TO ALLOW A TYPE 48 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. Conditional Use Permit No. 2004-21 as conditioned was approved in 2004. B. The applicant is requesting amendment of Conditional Use Permit No. 2004-21 for a Type 48 Alcoholic Beverage Control license to allow a cover charge, serving draft beer, advertising or signs indicating the availability of alcohol and allowing the hours of operation from 11:00 a.m. to 2:00 a.m., bottle service, dancing, outdoor patio area, an open rear door and expansion into the basement level for the property located at 215 North Broadway. C. Modification of Conditional Use Permit No. 2004-21 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on February 21, 2008. On February 21, 2008 the Zoning Administrator continued the matter to March 5, 2008. On March 5, 2008 the matter was further continued to March 19, 2008. On March 19, 2008 the Applicant requested a further continuance to April 9, 2008. D. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption. E. Pursuant to Santa Ana Municipal Code Section 41-649, modifications of approved Conditional Use Permits shall be processed in the same manner as an original Conditional Use Permit. F. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to modify a conditional use permit upon making certain findings. For the modifications to the conditions regarding the cover charge, serving draft beer, advertising or signs indicating the availability of alcohol, allowing bottle service, and allowing the hours of operation from Resolution No. 2008-03 Page 1 of 10 11:00 a.m. to 2:00 a.m. the Zoning Administrator makes the following 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 modifications to conditional use permit to allow a cover charge, serving draft beer, bottle service, advertising or signs indicating the availability of alcohol 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 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 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. Resolution No. 2008-03 Page 2 of 10 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 (C3A) 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 addition of a bar 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 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. G. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to modify a conditional use permit upon making certain findings. For the modifications to the conditions regarding allowing dancing, use of an outdoor patio area, an open rear door and expansion into the basement level, the Zoning Administrator makes the following 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 modifications to conditional use permit to allow dancing, an outdoor patio area, an open rear door and expansion into the basement level has the potential to create a safety as well as enforcement issues to the detriment of the Artists Village and thereby negatively affect the community. The provision of the above operations to the existing bar could create a negative impact to the surroundings. The potential impacts created by these modifications could 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? Modifications to the conditional use permit that allow dancing, an outdoor patio area, an open rear door and expansion into the basement level will be detrimental to persons residing or working in the area because these operations may create negative or adverse impacts. These Resolution No. 2008-03 Page 3 of 10 operational modifications, coupled with alcohol sales, have the potential to impact 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 with reasonable operational settings and conditions is a suitable and appropriate use within the downtown setting. The modification for dancing, outdoor patio area, an open rear door and expansion into the basement level may have a negative affect on the surrounding businesses and residences. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The allowance of dancing, outdoor patio area, an open rear door and expansion into the basement level will not be in compliance with all applicable regulations and conditions imposed on a bar selling alcoholic beverages pursuant to Chapter 11 and 41 of the Santa Ana Municipal Code. Chapter 11 of the Santa Ana Municipal Code regulates dancing within the City. Chapter 11 prohibits public dancing at locations other than bona fide eating establishments. Additionally, Conditional Use Permit No. 2004-21 as conditioned prohibits these modifications. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed modifications will adversely affect the General Plan. The project will help to facilitate Goal 2.0 to “Promote land uses which enhance the City’s economic and fiscal viability.” The modifications to allow dancing, an outdoor patio area, an open rear door and expansion into the basement level has the potential to create a business environment that is not safe and negatively affect the quality of life for the surrounding area. Further, Goal 5.0 of the Land Use Element, ensure that the impacts of development are mitigated is at issue with these modifications. An establishment that adds these operations to an existing bar has the potential to degrade the quality of life for the mix of residences and commercial businesses. H. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt. No further environmental review is needed. Environmental Review No. 08-39 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby, approves the Modification to Conditional Use Permit No. 2004-21 as conditioned in Resolution No. 2008-03 Page 4 of 10 Exhibit “A” attached hereto and incorporated herein for the following conditions: allowing a cover charge, allowing the serving draft beer, advertising or signs indicating the availability of alcohol, allowing bottle service, and allowing the hours of operation from 11:00 a.m. to 2:00 a.m. The Zoning Administrator of the City of Santa Ana hereby denies to Modify Conditional Use Permit No. 2004-21 for the following conditions: dancing, use of an outdoor patio area, an open rear door and expansion into the basement level. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Zoning Administrator Action dated February 21, 2008 and exhibits attached thereto; the Request for Zoning Administrator Action dated March 5, 2008 and exhibits attached thereto; the Request for Zoning Administrator Action dated March 19, 2008 and exhibits attached thereto the Request for Zoning Administrator Action dated April 9, 2008 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. Section 3. If the Planning Commission does not approve amendments to Variance No. 2004-09 then this resolution shall be null and void and have no further force and effect. ADOPTED this 9th day of April, 2008. _______________________ Vince Fregoso Acting Zoning Administrator APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By:________________________ Kylee O. Otto Assistant City Attorney Resolution No. 2008-03 Page 5 of 10 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2008-03 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on April 9, 2008. Date: ________________ ____________________________________ Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2008-03 Page 6 of 10 Modification of Conditions for Approval for Conditional Use Permit No. 2004-21 Modification to Conditional Use Permit No. 2004-21 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 Uniform Fire Code, the Uniform Building Code and all other applicable regulations. 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. Planning 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. B. Police Department 1. Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 4:00 p.m. 11:00 a.m. and 2:00 a.m., daily. (Modified by the Zoning Administrator on April 9, 2008) 2. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 3. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee(s). 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. Resolution No. 2008-03 Page 7 of 10 6. The sale of draft beer is prohibited. The sales of beer and malt beverages in pitchers or containers more than 16 ounces in size are prohibited. (Modified by the Zoning Administrator on April 9, 2008) 7. The sale or service of beer on tap (or draught beer) is prohibited. (Modified by the Zoning Administrator on April 9, 2008) 8. No distilled spirits shall be sold by the bottle. The sale of distilled spirits by the bottle at designated drinking locations shall be monitored by a dedicated server at all times. (Modified by the Zoning Administrator on April 9, 2008) 9. Within thirty (30) days of approval of the Conditional Use Permit, 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 as well as any other information outlining the security and operations of the establishment. The operator shall remain in compliance with the Security and Operations Plan at all times. Any modification to this Security and Operations plan must be pre-approved by both the Police Department and Planning Division. (Added by the Zoning Administrator on April 9, 2008) 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. 14. 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. (Modified by the Zoning Administrator on April 9, 2008) 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. Resolution No. 2008-03 Page 8 of 10 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. Petitioner(s) shall not require an admission charge, a cover charge or donation, nor shall there be a requirement to purchase a minimum number of drinks. 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. (Modified by the Zoning Administrator on April 9, 2008) 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. 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. Resolution No. 2008-03 Page 9 of 10 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. 2008-03 Page 10 of 10 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd Floor, Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2008-03 (Conditional Use Permit No. 2004-21) in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Justin Reuter 211 West Second Street Santa Ana, CA 92701 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. ______________________________ JOCELYN MAGALONA