HomeMy WebLinkAbout2010-005 - Granting Modifications to Variance No. 2004-09bkjf:1 /25/10
RESOLUTION NO. 2010-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA GRANTING MODIFICATIONS TO VARIANCE NO. 2004-09 FOR
A TYPE 48 "PUBLIC PREMISES" ALCOHOLIC BEVERAGE
CONTROL LICENSE FOR THE PROPERTY LOCATED AT 215
NORTH BROADWAY
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. 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 and Variance No. 2004-09 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. Following a public hearing, the Zoning Administrator
granted the application in part and denied it in part. Appeal No. 2009-06 to this
Planning Commission was thereafter filed by the applicant.
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 applicant's appeal, together with the request to modify Conditional Use Permit
No. 2004-21 and Variance No. 2004-09, came before the Planning Commission of
the City of Santa Ana for a duly noticed public hearing on December 14, 2009.
F. During the pendency of its application for modifications, applicant modified or
eliminated three (3) requests. Applicant and City staff agreed to extended hours of
operation which were less than those initially requested by applicant. Applicant
formally withdrew its request for the Planning Commission to permit patron dancing
upon staff's proposed revision (which the Planning Commission approves) of
Condition No. 13 to the CUP and Variance. Finally, applicant withdrew any request
to construct fixtures in the outdoor space behind its tenant space and/or to operate
this outdoor space as a patio.
Resolution No. 2010-005
Page 1 of 10
G. The Planning Commission, by a 6-0 vote on December 14, 2009, approved the
applications and granted the appeal, as modified.
H. The City Council, by a 7-0 vote at its regular meeting of January 4, 2010,
subsequently ordered the applicants' request for a modification to Variance No.
2009-04 to be set for a noticed public hearing before the City Council pursuant to
Santa Ana Municipal Code Section 41-642.
Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a
variance upon making certain findings of approval.
That because of special circumstances applicable to the subject property,
including size, shape, topography, location or surroundings, the strict
application of the zoning ordinance is found to deprive the subject property of
privileges not otherwise at variance with the intent and purpose of provisions
of this Chapter.
The proposed modifications to Variance No. 2004-09 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 amenity to the Artists Village and thereby benefit the
community. The modifications to the variance help to continue allow the
bar within the Artists Village to provide an additional nighttime amenity to
the area. The condition modifications could create a negative impact to
the surroundings. Additional conditions have been placed on Variance
No. 2004-09 that will mitigate potential impacts created by the use and
ensure that the use will not negatively affect the surrounding community.
2. That the granting of a variance is necessary for the preservation and
enjoyment of one or more substantial property rights.
Approval of the condition modifications allows the applicants to operate a
bar within the Artists Village of the downtown. The modifications will add
to the growing Artists Village active lifestyle; support evening activities
and a variety of dining establishments. Downtown should be the place to
go to experience the full character of a community, and the bar will
contribute to a vibrant evening experience.
3. That the granting of a variance will not be materially detrimental to the public
welfare or injurious to surrounding property.
The approval of the variance 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 conditions imposed on the variance
will mitigate any potential impacts that might occur from the proposed
alcoholic beverage sales and entertainment. The additional business
will assist in promoting the economic viability and enhance the livability
Resolution No. 2010-005
Page 2 of 10
CONDITIONS TO VARIANCE NO. 2004-09
Should modification to Variance No. 2004-09 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. Planning Division
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 occupancy for the basement space all code
requirements, including but not limited to Building and Fire items, shall be in
compliance.
B. Police Department
Sales, service and consumption of alcoholic beverages shall be permitted only
between the hours of 4~9-p-r~ 11:00 a.m. and 2:00 a.m., daily.
EXHIBIT A
Resolution No. 2010-005
Page 5 of 10
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.
6' Tho c~lo "f r^Irof+ hoar is nrnhihi+o.~l, The sales of beer and malt beverages in pitchers
or containers more than 16 ounces in size are prohibited.
7 Tho c~lo nr coniino of hoar nn ton /mar rlroi inh~ hoor\ is nrnhihi~orl
8. An alcohol-pouring device used to control portions must be attached to any
champagne or distilled spirits when sold by the bottle. Additionally, only qualified
employees may pour drinks from this bottle and the bottle may not remain at the
patron's table.
9. Prior to Planning 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.
Resolution No. 2010-005
Page 6 of 10
On Friday and Saturday evenings 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
enjoyment of their property by nearby residents.
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, 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.
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 co~r~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.
A color camera recorder or digital system capable of recording events
on all cameras simultaneously.
A tape or disc storage library of recorded cameras kept for a minimum
of 60 days.
Resolution No. 2010-005
Page 7 of 10
iv. If video tape is used, tapes cannot 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. The applicant, at all times, shall adhere to Chapter 11 regarding dancing
as it may be amended from time to time. T"°rGT~I°" h° nn ~,°^^i^^
ollr~~ei°r! nn +h° nr°mic°c
14. There shall be no exterior advertising of any kind or type,-ir-Q
~rJ~i°r+icie-~n rJir°n+°~ +n +h° °v+°rinr frnm ~nii+hir~ nrmm~+inn nr inrlin~+inn +h°
°"oilohili+„ of °'„n"^'i^ h°„°r°^°°. 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.
Resolution No. 2010-005
Page 8 of 10
22. ~tFtfenor/o~~~I~Te+ ron~ giro ~n ad-F~11~~;8fl--C~ha~g°c~-vvr°r nh•+r..o r+r
dnn~~in~n-'~ ~n~r~r ~h~ll +horo ho .~+ r...-.~ ~ .,+ +.. ..4.., ..,.,4„-,
u ,
~<s. 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 adore 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.
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 and variance shall be reviewed at 90 days, six
months, at one year and then annually thereafter by the Police
Department to determine compliance with all conditions of approval and
other requirements. Violations will result in scheduling of revocation
proceedings for the conditional use permit and variance. few-any
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.
Resolution No. 2010-005
Page 9 of 10
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.
35. 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.
36. To ensure enforcement prohibiting of underage drinking, the applicant
shall scan the ID of each patron into an ID scanner system prior to the
patron being granted entry into the premises. The ID scanner system
must be reviewed and approved by the Police Chief.
37. The rear doors into the alley shall be for emeraencv earess only and shall
be alarm equipped. This requirement shall be suspended for an initial
period of six (6) months to permit unrestricted access to the alley by
business patrons. This period of suspension may be extended in six (6)
months increments by the Police Chief and Executive Director of Planning
and Building if they find no adverse impacts of such use.
Resolution No. 2010-005
Page 10 of 10
for this area of the downtown. 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.
4. That the granting of a variance will not adversely affect the General 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 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.
J. 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 City Council, after conducting the public hearing and being fully advised,
hereby approves in part and denies in part the request to modify Variance No. 2004-09 as
conditioned in Exhibit A hereto (which shows additions as underlined text and deletions as
strikeout text), which is incorporated herein by this reference. These decisions are based upon the
evidence submitted at the above said hearing, which includes but is not limited to: the Requests for
Council Action dated February 1, 2010 and exhibits attached thereto; and the public testimony, all
of which are incorporated herein by this reference.
Section 3. This Resolution shall take effect immediately upon its adoption by the City
Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.
ADOPTED this 1st day of February, 2010.
Resolution No. 2010-005
Page 3 of 10
APPROVED AS TO FORM:
~ ~~, ~';
~- _---_
~', ,
Joseph 1h/. Fletcher, City Attorney
/'.
AYES: Councilmembers: Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinaiero, Pulido (7)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution
No. 2010-005 to be the original resolution adopted by the City Council of the City of Santa Ana on
February 1, 2010.
Date: ~~~ _3~,~-c:7~~
i d i ~::_ ,~~,
Clerk of the Council
City of Santa Ana `~
Resolution No. 2010-005
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