FESTIVAL HALL (BUTTERFIELD/SARMIENTO)

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A-2001-232 ENVIRONMENTAL MITIGATION AGREEMENT c J, HIS AGREEMENT, made and entered into this 19th day of November, 2001 by and between WOODROW and LEE C. BUTTERFIELD, a husband and wife, and IRMA SARMIENTO, a natural person (hereinafter collectively referred to as "Festival Hall"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of Califol-nia (hereinafter "City"). RECITALS A. Woodrow and Lee C. Butterfield are the owners, andhiria Sariniento is the operator of Festival Hall, a restaurant, sports bar and tavern which holds a public dance permit (as defined in Chapter I I of the Santa Ana Municipal Code) and Conditional Use Pen-rilt to impose a cover charge and is located at 220-224 East Third Street, the southwest comer of Third and Spurgeon Streets, in the City of Santa Ana. B. On September 28, 1989, Pursuant to Chapter 11 of the Santa Ana Municipal Code, the City issued Public Dance Permit No. 89-32597 to Festival Hall permitting public dance and amplified music. Subsequently, in 1995 the City issued Conditional Use Pen -lilt (CUP) No. 95-16 to Festival Hall, which granted Festival Hall the right to add a cover charge requirement. Both permits were subject to certain specified conditions. The parties to this Agreement agree and aela-iowledgc that said Chapter 11 Dance Permit and said Conditional Use Permit are legitimate, valid and subsisting, remain in full force and effect and are attached to this agreement as Exhibit 1. C. In the Request for Council Action accompanying CUP no. 96-15, City staff' explained: "In order to bring the site closer into code compliance, staff has Included numerous conditions of approval for the project.... Finally, the Police Department is rcqLICStitlg that the building conform to the provisions of the Building Security Ordinance. This ordinance includes element which are aimed at reducing crime through preventive measures, and which may require alternations to the site and building including lighting upgrades on the property and the replacement of existing door and window locking devices. . . . Through the adoption and implementation of the conditions of approval, the site will be brought closer into compliance with the zoning code and will result in minimal impacts on Police Department services, Based on this analysis, staffrecommends approval of Conditional Use Permit No. 95-16 as conditioned by staff." DPursuant to this approved use, Festival Hall is entitled to be open until 1:30 a.m., to provide for a cover charge, and to provide live amplified music to its patrons. As a restaurant and tavern with a public dance permit, Festival Hall also often has large numbers of patrons (the Fire Code permits up to 1250 persons to occupy the first floor dance hall portion of Festival Hall) who leave at the conclusion of a perforniance rather than leaving spread over a period of tirrie. Festival Flall's