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HomeMy WebLinkAbout2005-070 - Amending Conditional Use Permit No. 2003-37 KO -06/28/05 RESOLUTION NO. 2005-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CONDITIONAL USE PERMIT NO. 2003-37 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 100 SOUTH MAIN STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting an amendment to Specific Development No. 72 (SD-72), an amendment of Conditional Use Permit No. 2003-37 for a Type 47 Alcoholic Beverage Control license, and the adoption of Conditional Use Permit No. 2005-19 at Original Mike's Restaurant located at 100 South Main Street. Applicant is proposing to: 1. To serve alcoholic beverages until 2:00 a.m. 2. To allow exterior special events on the premises 3. To allow a cover charge to enter the premises 4. To allow amplified music within the outdoor patio area. 5. Extend the hours of operation for the outdoor patio to 9:00 a.m. through 6:00 p.m. Monday through Thursday and 9:00 a.m. to 10:00 p.m. on Friday, Saturday and Sunday. 6. To allow more than a three piece band within the outdoor area. 7. To allow seven musicians with amplified instruments within the interior of the premises. B. The amendment to Conditional Use Permit No. 2003-37 came before the Planning Commission of the City of Santa Ana for a public hearing on June 13, 2005. The Planning Commission voted by a vote of 6:0 (Leo absent), to recommend that the City Council adopt a resolution approving the amendment to Conditional Use Permit No. 2003-37. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption. Resolution No. 2005-070 Page 1 of9 D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant 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 the community? The restaurant is providing a service and is benefiting the community by providing an eating establishment in the downtown area. Conditions have been placed on the restaurant that 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 restaurant 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 extended hours of operation will be mitigated through the existing conditions of approval that have been adopted for the project. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The 1.7-acre site has been operating as a restaurantfor approximately seven months. The expanded hours of operation, outdoor special events and additional band members within the restaurant 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 by 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 restaurant will not adversely affect the General Plan. Restaurants and ancillary uses such as the number of allowable musicians within the premises are permitted within the Specific Development No. 72 (SD-72) zoning district and Resolution No. 2005-070 Page 2 of 9 the District Center (DC) General Plan designation. Additionally, the use as conditioned is in compliance with the regulations identified in the zoning code. E. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt. No further environmental review is needed. Environmental Review No. 2005-66 will be filed for this project. Section 2. The City Council of the City of Santa Ana hereby, approves amended Conditional Use Permit No. 2003-37 as conditioned in Exhibit "A" attached hereto and incorporated herein. Amended Conditional Use Permit No. 2003-37 shall become effective after the City Council of the City of Santa Ana approves and adopts Ordinance No. NS-2692. Should the City Council fail to approve and adopt said ordinance, the amended Conditional Use Permit No. 2003-37 shall be null and void and shall have no further force and effect. ADOPTED this 5th day of Julv. 2005. c:?~ ~gUei A. PUI;dO$ Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee Assis AYES: Councilmembers: Alvarez. Bustamante. Christy. Garcia. Pulido. Solorio (6) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Bist (1) Resolution No. 2005-070 Page 3 of 9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEAL Y, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-070 to be the original resolution adopted by the City Council of the City of Santa Ana on Julv 5. 2005. Date: ~~'5 , / ~/..,.'" /'1. /~ ~.:::.:...., \ '" , vi ~ ~ bt/1 Clerk of the Council City of Santa Ana Resolution No. 2005-070 Page 4 of 9 Conditions for Approval for Amended Conditional Use Permit No. 2003-37 Conditional Use Permit No. 2003-37 is hereby amended 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. Plannina Division 1. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. 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. 4. The restaurant shall provide a grease interceptor and garbage disposal. 5. The project shall remain in compliance with Site Plan Review (DP No. 03- 18). B. Police Department 1. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. 2. Full menus shall be available at the counter/bar and food service must be available during all operational hours. Exhibit A Page 1 of 5 Resolution No. 2005-070 Page 5 of 9 3. At all times, when the premises is open for business, the sale of alcoholic beverages shall be made only in conjunction with the sale of food to the person ordering the food. 4. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 5. 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. 6. It shall be the applicant(s) responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises, with the exception of the pedestrian plaza as indicated in Condition No. 21, under the control of the applicant(s). 7. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 8. 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. 9. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. All graffiti must be removed within 24 hours of occurrence. 10. There shall be no pool tables, coin-operated games, or video machines maintained upon the premises at any time. 11. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. 12. The premises shall be maintained as a bona fide eating establishment and shall provide a menu containing an assortment of foods normally offered in restaurants. 13. The sales, service, and consumption of alcoholic beverages within the restaurant shall be permitted only between the hours of 10:00 a.m. and 2:00 a.m. The sales, service and consumption of alcoholic beverages on the patio area after 1 :00 a.m. are strictly prohibited. 14. This land use authorization is only applicable to a type 47 on-sale general, public eating-place only. Any other type of license use at this location will require a new land use clearance. Exhibit A Page 2 of 5 Resolution No. 2005-070 Page 6 of 9 15. This conditional use permit shall be reviewed by the Police Department after 90 days, six months and one year, and annually thereafter for modifications or violations of any of the conditions. 16. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board all conditions must be complied with. 17. The vestibule entry to the building shall be the primary entrance to the restaurant. This entrance shall include an interior sound curtain to mitigate interior restaurant ambient noise levels to the exterior. 18. The side door(s) on the west side of the building shall be kept closed at all times during the operation of the premises except in cases of emergency, normal entering and exiting of patrons and to permit deliveries. 19. Petitioner will install a silent armed robbery alarm. 20. The petitioner(s) shall place a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, on the exterior of the premises. 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. 21. Should the pedestrian plaza be used for serving purposes, a site plan shall be submitted to the City for review and approval indicating the service area be limited to 24 seats, six tables, and four chairs per table (24 patrons) in the designated 50-foot by 125-foot plaza area. The pedestrian plaza shall be enclosed with a minimum 36-inch high, wrought iron fence that will include an existing wall on the side of the plaza. The fence enclosure shall include a gate that will meet uniform building egress/ingress codes with a minimum setback from public right-of-way of five feet. 22. The applicant shall be responsible for providing the Chief of Police or his designate a monthly schedule of all events, event hours of operation, promoters of the event, prior locations where the promoter has conducted business and prior locations where the events have occurred. This schedule shall also include, but not be limited to, the number of security guards assigned, the anticipated attendance and the name and emergency number of the responsible party. All events shall be subject to prior Police Department approval. 23. Amplified music in the patio area is prohibited after 6:00 p.m. Monday through Thursday and 10:00 p.m. on Friday, Saturday and Sunday. Exhibit A Page 3 of 5 Resolution No. 2005-070 Page 7 of 9 24. At all times that dancing or entertainment is being conducted, the applicant must provide a minimum of one uniformed State licensed security guard for every 100 persons in attendance per event. 25. There shall be an additional guard assigned to the parking lot who will be responsible for ensuring the safety of patrons who utilize that lot. 26. Guards shall remain on the premises until all activity has ceased and all patrons have cleared the parking area. 27. The Chief of Police, or his designate, shall first approve every security guard employed by the applicant. 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, licensed security guards to a total number of guards as determined by the Chief of Police. 29. All outdoor special events shall require Police Department and Fire Department formal review and approval to insure all traffic, noise and safety concerns are properly mitigated. 30. All outdoor special events require the submittal of an application in writing to the Police Department's Crime Prevention Unit by each individual promoter once a month and at least ten working days prior to the first day of the month for which the events will occur. The application shall include the following information: an on-site contact person and cell phone number, the type of event, a site plan, the expected attendance, the type of entertainment provided, and any other information needed by the Police Department. 31. For all outdoor special events, the Police Department shall add appropriate mitigation measures, which may include the assignment of Police Officers and or a specified minimum number of State licensed uniformed security guards if determined to be necessary by the Chief of Police or his designate, at the applicant's expense. If guards are required, they will be in addition to any other security guard requirements mandated under the Specific Development. 32. For all outdoor special events, the promoter shall direct patrons to off-site parking areas in all of their printed media, including but not limited to tickets, flyers and newspaper advertisements relating to the event. 33. For all outdoor special events, there shall be no exterior sales, service and consumption of alcoholic beverages in the parking lot areas. Exhibit A Page 4 of 5 Resolution No. 2005-070 Page 8 of 9 34. For all outdoor special events, vendor booths shall be prohibited. In addition, there shall be no product sales of any kind associated with the special events, nor shall the applicant rent out any portion of the parking lot for these events. Exhibit A Page 5 of 5 Resolution No. 2005-070 Page 9 of 9