HomeMy WebLinkAbout31D - CONDITIONAL USE PERMIT DENNIS LLUYREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 7, 2010
TITLE:
CONDITIONAL USE PERMIT NO. 2010-04 TO
ALLOW AFTER HOURS OPERATION AND
CONDITIONAL USE PERMIT NO. 2010-06 TO
ALLOW A BANQUET FACILITY AT THE YOST
THEATER/RITZ HOTEL AT 301-307 NORTH
SPURGEON TREET - DENNIS LLUY, APPLICANT
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s' Reading
? Ordinance on 2rd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2010-04 as conditioned and
Conditional Use Permit No. 2010-06 as conditioned.
PLANNING COMMISSION ACTION
On August 23, 2010, the Planning Commission adopted a resolution approving Conditional Use
Permit No. 2010-04 as conditioned and Conditional Use Permit No. 2010-06 as conditioned by a
vote of 7:0 to allow after-hours operation and a banquet facility at the Yost Theater/Ritz Hotel at
301-307 North Spurgeon Street located in the Downtown (DT) zoning district. The Planning
Commission added four conditions to clarify operational standards.
FISCAL IMPACT
There is no fiscal impact associated with this action.
C-A-A-1
J y . Trevino
E cutive Director
Planning & Building Agency
HS:rb
hsAhistoric inf0\Y0st_Theater\cup10-04 & cup 10-06 Yost.cc
Exhibit: 1. Planning Commission Staff Report
31 D-1
31 D-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
AUGUST 23, 2010
TITLE:
FILED BY DENNIS LLUY FOR CONDITIONAL USE
PERMIT NO. 2010-04 TO ALLOW AFTER HOURS
OPERATION, CONDITIONAL USE PERMIT NO. 2010-05
TO ALLOW A TYPE 47 ABC LICENSE, AND
CONDITIONAL USE PERMIT NO. 2010-06 TO ALLOW
A BANQUET FACILITY AT THE YOST THEATER/RITZ
HOTEL AT 301-307 NORTH SPURGEON STREET
Prepared by Hally Soboleske
Ex cutive Director
RECOMMENDED ACTION
PLANNING COMMISSION SECRETARY
APPROVED
? As Recommended
? As Amended
? Set Public Hearing For
DENIED
? Applicant's Request
? Staff Recommendation
CONTINUED TO
41Vr_J*
Planning Manager
1. Adopt a resolution approving Conditional Use Permit No. 2010-04 as conditioned.
2. Adopt a resolution approving Conditional Use Permit No. 2010-05 as conditioned.
3. Adopt a resolution approving Conditional Use Permit No. 2010-06 as conditioned.
DISCUSSION
Zonina Administrator Action
A Zoning Administrator meeting was held on August 12, 2010 regarding Conditional Use Permit
No. 2010-05 to allow a Type 47 ABC license. The Zoning Administrator remanded this item to the
Planning Commission in order to review this project, and all related actions, in a comprehensive
manner.
Request of Applicant
Mr. Dennis Lluy, representing the Yost, is requesting approval of conditional use permits for a Type
47 Alcoholic Beverage Control (ABC) license to allow the on-sale consumption of beer, wine and
distilled spirits; after-hours operation; and a banquet facility at the Yost Restaurant/Ritz Hotel to be
located at 301-307 North Spurgeon Street.
Property Description
The proposed Yost restaurant and Ritz Hotel are within two existing historic buildings that are
located within the Fiesta Marketplace in the downtown. The project site is located on the northeast
corner of Spurgeon and Third Streets. The property is located within the Transit Zone and is
2
nin_n
CUP Nos. 2010-04 thru 2010-06
August 23, 2010
Page 2
identified as Downtown (DT) zoning district and has a General Plan land use designation of District
Center (DC). Surrounding land uses include commercial, with residential land uses within 250 feet
(Exhibits 1 and 2).
The site is currently developed with two historic structures: the 9,000 square foot Yost Theater built in
1913, and the 11,484 square foot Ritz Hotel built in 1906. The Yost Theater has been used as a
church and theater since its original construction. The Ritz Hotel has been occupied by a variety of
retail uses over the years. Parking is supplied by a paved surface lot owned by the Community
Redevelopment Agency (immediately west of the subject site) and by a public parking structure to the
north. Both public parking opportunities are shared by all the businesses in the immediate area.
Project Description
The applicant is proposing to obtain a Type 47 liquor license for the sale of beer, wine and distilled
spirits for consumption on the license premises in conjunction with an eating establishment. The
on-premise sale of alcoholic beverages to customers is intended to provide a service ancillary to
the primary restaurant use. The storage area for alcoholic beverages is located within the kitchen
and bar area and consists of approximately 313 square feet which is less than five percent of the
gross floor area of the restaurant (Exhibit 3).
The project is proposed in two phases. Phase I includes the renovation of the Yost Theater building,
and entails creating a restaurant and entertainment venue. 135 fixed seats will remain, and the
remainder of the area near the stage will be a large, flexible area that may be used for dance floor,
additional seating, orchestra area, and other such uses facilitating general entertainment.
Entertainment may include, but is not limited to, concerts, dances, performances, conferences,
wedding receptions, and other assembly uses. These assembly uses require a conditional use
permit (CUP) for a banquet facility as the facility will be available for rental and closed to the general
public for a specified period of time for a private function. Additionally, the proposed hours of
operation will be from 8:00 a.m. to 2:00 a.m. which requires a CUP for after-hours operation.
Phase II will connect the buildings' interior between the Yost to the Ritz Hotel (located at 301 North
Spurgeon, and immediately south of the Yost) to allow the two buildings to function together. As
proposed, the first floor of the Ritz Hotel will continue to be used for retail, while the second floor will
be used for seating area for the Yost restaurant. Additionally, new stairways will be constructed to
allow for easy access between the buildings for the restaurant. When Phase li is implemented, a
voluntary lot merger will be completed to allow the openings between buildings and compliance with
the building code.
Separate entitlements have been submitted by the applicant and are currently being processed for
two outdoor dining areas including a 293 square foot outdoor dining area in front of the Yost, and a
564 square foot dining area in front of the Ritz Hotel building similar to that at the Bistro 500 or
Memphis restaurants. Total outdoor dining area will include 857 square feet. The Yost will
accommodate a maximum of 267 interior patrons for a performance with assigned seating and a
dining option (Exhibit 4).
31 D-4
CUP Nos. 2010-04 thru 2010-06
August 23, 2010
Page 3
Analysis of the Issues
Conditional Use Permit No. 2010-04 to allow for After-Hours Operation
Santa Ana Municipal Code (SAMC) requires a conditional use permit for any eating establishment
with hours of operation between the hours of 12:00 a.m. and 5:00 a.m. The proposed hours of
operation for the Yost are 8:00 a.m. to 2:00 a.m. The restaurant and entertainment venue will be
open for dinner, and will eventually be open for lunch and breakfast as well. These hours are
consistent with the typical operations of this land use, and the request is similar to Crosby and
Memphis operations. Entertainment at this facility may include concerts, conferences, dancing,
performances and shows, and other types of assembly. The maximum capacity for this facility is
267 patrons for a performance with assigned seating and a dining option (Exhibit 4). Separate
entitlements have been submitted by the applicant and are currently being processed for two outdoor
dining areas. Sensitive land uses, such as residences are within 250 feet away from this project,
and will not be negatively affected as all noise will be contained indoors, and there will be no
amplified outdoor music. Additionally, the buildings face the west, or away from, the existing
residential land uses which further reduces the potential impact to the community on the east side of
the subject site. Parking for events will be in the public parking structure, and will not spill over into
the surrounding neighborhoods. Due to the evening hours, this project will not conflict with the peak
parking requirements for other nearby businesses.
At all times when dancing and/or entertainment are being conducted, the applicant shall employ a
minimum of one uniformed, licensed security guard for every hundred persons in attendance per
event, for keeping the peace. The applicant will also provide a minimum of one State licensed
uniformed security guard to ensure patron safety when going to and from the public parking
structures. This latter guard will be specifically assigned to this function until all activity on the
premises has ceased and patrons have cleared the parking area. The guard must be approved by
the Chief of Police. This additional security will maintain order at the location, as well as protect
the surrounding community.
Based upon the fact that this facility has been designed to meet all code requirements, including the
City's noise ordinance and restrictions based upon the City of Santa Ana's Noise Element, as well as
those conditions established by the Police Department, staff recommends approval of Conditional
Use Permit No. 2010-04.
Conditional Use Permit No. 2010-05 to allow for a Type 47 ABC license
Staff has reviewed the applicant's request and is recommending approval of Conditional Use
Permit No. 2010-05. The Police Department has reviewed the application and has noted that the
restaurant is located within Reporting District No. 185, which ranks 10th out of 102 Citywide
Districts in total number of police-related incidents. The restaurant will be in an area of the City
that is considered higher than average in police-related incidents. Based on the above average
31 D-5
CUP Nos. 2010-04 thru 2010-06
August 23, 2010
Page 4
number of police-related incidents, and the fact that there are numerous residential units within 250
feet of this proposed use, the Police Department is concerned with potential negative impacts to
adjacent residents. Therefore, several conditions of approval are proposed for this license.
The proposed conditions of approval, which include restrictions on alcohol service, noise
generation, litter, and exterior pay phones, among others, are intended to address the concerns
raised by the Police Department and minimize the number of potential calls for service to the
restaurant and ensure the business operates as a bona fide eating establishment. The alcohol
license must remain ancillary to the restaurant use, and alcohol storage area is limited to less than
five percent of the gross floor area of the restaurant. The on-site security guard will monitor and
maintain the safety of patrons, as well as serving to protect the safety of those in the surrounding
community. Additionally, the conditions of approval will assist in mitigating potential negative effects
this restaurant may have on the surrounding community.
Conditional Use Permit No. 2010-06 to allow for a Banquet Facility
The proposed entertainment venue and restaurant may also be used for a banquet facility as it may
be closed to the general public for private use. Per the SAMC, banquet facilities must have a kitchen
facility, sanitation facilities, and a licensed security guard for every hundred persons in attendance
per event. This security guard must be approved by the Chief of Police. The applicant will also
provide a minimum of one State licensed uniformed security guard to ensure patron safety when
going to and from the detached parking structures. Exterior lighting will be reviewed and approved
by the Police Department. This will provide protection to patrons of the facility, as well as residents
of the surrounding community. The facility will have stronger economic viability if private events may
also be booked at the facility, so a banquet facility is suitable.
Based upon the analysis of the project and the project's compatibility with the City's General Plan
and applicable development standards, staff recommends that the Planning Commission approve
Conditional Use Permit Nos. 2010-04, 2010-05 and 2010-06 as conditioned.
CEQA Compliance
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 15332, Class
32 because it is an infill development project in an existing building, and will be in conformance
with all city codes and requirements. Categorical Exemption Environmental Review No. 2009-82
will be filed for this project.
Hally Sobol ce
Associate Planner
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31 D-7
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31 D-10
ROH - 08/23/10
RESOLUTION NO. 2010-13
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING: CONDITIONAL
USE PERMIT NO. 2010-04 AS CONDITIONED TO
OPERATE BETWEEN THE HOURS OF 12:00 A.M. TO 5:00
A.M., CONDITIONAL USE PERMIT NO. 2010-05 AS
CONDITIONED FOR A TYPE 47 ALCOHOLIC BEVERAGE
CONTROL LICENSE, AND CONDITIONAL USE PERMIT
NO. 2010-06 AS CONDITIONED TO OPERATE A
BANQUET FACILITY, FOR THE PROPERTY LOCATED AT
301-307 NORTH SPURGEON STREET
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Applicant is requesting approval of: Conditional Use Permit No. 2010-04 to
operate a restaurant between the hours of 8:00 a.m. to 2:00 a.m.,
Conditional Use Permit No. 2010-05 to allow a Type 47 Alcoholic
Beverage Control (ABC) license, and Conditional Use Permit No. 2010-06
to allow a banquet facility, for the property located at 301-307 North
Spurgeon Street.
B. Santa Ana Municipal Code Section 41-2007 requires a conditional use
permit for: businesses operating between the hours of 12:00 a.m. and
7:00 a.m., the sale of alcoholic beverages for on-site consumption, and
the operation of a banquet facility
C. On August 23, 2010, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2010-04, Conditional Use Permit
No. 2010-05, and Conditional Use Permit No. 2010-06.
D. The Planning Commission determines that the following findings, which
must be established in order to grant this Conditional Use Permit
pursuant to Santa Ana Municipal Code Section 41-638, have been
established for Conditional Use Permit No. 2010-04 to allow for after hours
operation:
Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or the
community?
Resolution No. 2010-13
Page 1 of 11
31 D-11
The proposed Yost restaurant/entertainment venue after-
hours operation will allow for food-related amenities and
events for the community. Conditions have been placed on
this operation to mitigate any potential problems created by
the use.
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 proposed permit for after-hours operation at the Yost
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. Sensitive land uses
are located 250 feet or more away, and all after-hours
entertainment will be held indoors to mitigate the impacts to
surrounding properties.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The project site is a commercial center that is suitable for the
proposed use. The establishment of this
restaurant/entertainment venue promotes a balance of land
uses which enhances the City's economic and fiscal viability.
Peak hours of operation will be in the evening, which does
not conflict with the peak hours of nearby retail shop, so will
not cause parking conflicts in the public lots. Offering a
variety of land uses in the area actually serves to strengthen
the economic base.
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
business operating after the hours of 12:00 a.m.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed use will not adversely affect the General Plan.
Goal 1.0 of the Land Use Element requires that land use
decisions promote a balance of land uses to address basic
community needs. The restaurant offers citizens a place to
recreate and eat thereby serving the community. Goal 2.0 of
the Land Use Element requires that land use decisions
promote land uses which enhance the City's economic and
fiscal viability. Therefore, a variety of land uses that serve
Resolution No. 2010-13
Page 2 of 11
31 D-12
the public are necessary to offer a wide range of goods and
services.
E. The Planning Commission determines that the following findings, which
must be established in order to grant this Conditional Use Permit
pursuant to Santa Ana Municipal Code Section 41-638, have been
established for Conditional Use Permit No. 2010-05 to allow for a Type 47
ABC license:
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 alcohol beverage license use will provide an
ancillary service to the restaurant and thereby benefit the
community by providing an additional food-related amenity at
the eating establishment. Conditions have been placed on
the alcoholic beverage control license which 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 proposed license for the on-sale of beer and wine and
distilled spirits at the Yost 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 sale of alcoholic beverages will occur inside of
the premises and is incidental to the restaurant use.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The project site is a commercial center that is suitable for the
proposed use. The establishment of this
restaurant/entertainment venue promotes a balance of land
uses which enhances the City's economic and fiscal viability.
Alcoholic beverages on the menu at the Yost 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 on a
Resolution No. 2010-13
Page 3 of 11
31 D-13
restaurant selling beer and wine and distilled spirits 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 use will not adversely affect the General Plan.
Goal 1.0 of the Land Use Element requires that land use
decisions promote a balance of land uses to address basic
community needs. The restaurant offers citizens a place to
recreate and eat thereby serving the community. Goal 2.0 of
the Land Use Element requires that land use decisions
promote land uses which enhance the City's economic and
fiscal viability. Therefore, a variety of land uses that serve
the public are necessary to offer a wide range of goods and
services.
F. The Planning Commission determines that the following findings, which
must be established in order to grant this Conditional Use Permit
pursuant to Santa Ana Municipal Code Section 41-638, have been
established for Conditional Use Permit No. 2010-06 to allow for a Banquet
Facility:
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 use will provide an added amenity to the
existing restaurant and catering service, thus providing a
beneficial advantage to the community through a local
banquet and meeting venue. Conditions have been placed
on the banquet facility, which will mitigate any potential
impacts created by the use and ensure that the use will not
negatively affect or be injurious to 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 proposed use, the addition of the banquet facility use to
the existing restaurant and catering service, 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 banquet and private events will
occur inside of the premises and are a critical part of the
operational needs of the Yost. Moreover, conditions are
imposed to mitigate any potential impacts to those in the
vicinity.
Resolution No. 2010-13
Page 4 of 11
31 D-14
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The 0.46-acre site is a commercial establishment that is
suitable for the proposed use. A banquet facility at the Yost
will only serve to increase the patronage to the business,
thereby enhancing profitability 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 on
banquet facilities 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 use will not adversely affect the General Plan.
Banquet facilities are permitted within the District Center
(DC) General Plan designation and the Downtown (DT)
zoning district. Additionally, the use as conditioned is in
compliance with the regulations identified in the zoning code.
G. In accordance with the California Environmental Quality Act, the proposed
project has been determined to be adequately evaluated in previously
prepared Environmental Impact Report No. 2009-82.
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2010-04, Conditional
Use Permit No. 2010-05, and Conditional Use Permit No. 2010-06 as conditioned in
Exhibit A attached hereto and incorporated as though fully set forth herein. This
decision is based upon the evidence submitted at the abovesaid hearing, which
includes but is not limited to: the Request for Planning Commission Action dated August
23, 2010 and exhibits attached thereto; and the public testimony, all of which are
incorporated herein by this reference.
ADOPTED this 23rd day of August 2010 by the following vote:
AYES: Commissioners: Acosta, Alderete, Betancourt, Gartner, Turner,
Walters, Yrarrazaval (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
Resolution No. 2010-13
Page 5 of 11
31 D-15
Eric Alderete
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Ryan O. Hodge
Deputy City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2010-13 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on August 23, 2010.
Date:
Secretary of the Planning Commission
City of Santa Ana
Resolution No. 2010-13
Page 6 of 11
31 D-16
Conditions for Approval of Conditional Use Permit Nos. 2010-04 2010-05 and
2010-06
Conditional Use Permit Nos. 2010-04, 2010-05, and 2010-06 are approved subject to
compliance, to the reasonable satisfaction of the Planning Commission, with all applicable
sections of the Santa Ana Municipal Code, the California Administrative Code, the
California Building Standards 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 these conditional use permits.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permits. Failure to comply with each and every condition may
result in the revocation of the conditional use permits. (Added language underlined,
deleted language in strikeout.)
A. Planning Division
The banquet facility shall comply with the following development and
operational standards.
a. All banquet facilities require a kitchen facility including, but not
limited to, an oven, stove, refrigeration, freezer, exhaust hood,
grease receptor, cutting and preparation areas, dishwashing area
or machine, employee sink and mop, and appropriate
counter/service facilities.
b. All banquet facilities require sanitation facilities in compliance with
the California Building Code building standards.
C. Whenever there is entertainment with or without alcohol, the banquet
facility shall provide a uniformed state licensed security guard, as
approved by the chief of police, at the rate of one guard per 100
attendees, with a minimum of one security guard, or other security
measures as approved by the chief of police. The guards shall be
present until attendees have left the premises.
d. All banquet facilities shall provide exterior lighting in compliance with
police department standards.
2. All proposed site improvements must conform with the Site Plan Review
approval of DP No. 2009-29.
3. Conditional Use Permit Nos. 2010-04, 2010-05 and 2010-06 become
effective upon the approval of the remaining entitlements for the project (Lot
Merger PWA-2010-397)
Resolution No. 2010-13
Page 7 of 11
31 D-17
4. Any amendment to this conditional use permit must be submitted to the
Planning Division and Police Department for review. At that time, staff will
determine if administrative relief is available or the conditional use permit
must be amended.
B. Police Department
The quarterly gross sales of alcoholic beverages shall not exceed the
gross sales of food during the same period. These records are to be kept
no less frequently than on a quarterly basis and shall be made available to
the City, if requested.
2. The sale of alcoholic beverages for consumption off the premises is strictly
prohibited.
3. 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 on the premises. Interior displays of
alcoholic beverages or signs, which are clearly visible to the exterior, shall
constitute a violation of this condition.
4. It shall be the applicant(s) responsibility to ensure that no alcoholic
beverages are consumed on any property adjacent to the licensed
premises under the control of the applicant(s), with the exception of the
enclosed patio areas.
5. The applicant(s) or an employee of the licensee(s) will be present in the
patio and theatre areas of both the Yost and Ritz (when the Phase II Ritz
portion is completed) at all times that alcoholic beverages are being
served or consumed. (Revised by Planning Commission August 23,
2010)
6. The applicant(s) shall be responsible for maintaining free of litter the area
adjacent to the premises under the control of the licensee.
7. 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.
8. Any graffiti painted or marked upon the premises or on any adjacent area
under the control of the licensee(s) shall be removed or painted within 7-2
24 hours of being applied. (Revised by Planning Commission August
23, 2010)
9. There shall be no pool tables, amusement machines or video games
maintained on the premises at any time.
Resolution No. 2010-13
Page 8 of 11
31 D-18
10. Amplified music shall not be played outside the premises. Music/noise
shall not be audible beyond 20 feet from the exterior of the premises in
any direction.
11. Queuing lines shall be managed in an orderly manner and all disruptive
and intoxicated patrons shall be denied entry. The business owner shall
be responsible for monitoring the queuing lines at all times.
12. Alcohol shall not be served to patrons waiting to enter the establishment.
13. The outdoor queuing line shall not block public walkways or obstruct the
entry or exit doors of adjacent businesses. Stanchions or barriers must be
used to maintain order at all times the queue exceeds 25 patrons.
14. The applicant shall submit a monthly schedule of concerts and events to
the police department.
15. The applicant must submit a security plan for police department review
and approval.
16. At all times that dancing and/or entertainment is being conducted, the
applicant shall employ a minimum of one uniformed, licensed security
guard for every 100 persons in attendance per event, for keeping the
peace.
17. In addition to the above number of guards, the applicant shall provide a
minimum of one State licensed uniformed security guard to ensure patron
safety when going to and from the detaGhed surface parking lot at Third
and Birch Streets and the Fiesta MaFketplaGe parking structures at
Spurgeon and Fifth Streets. Said guard is specifically assigned to this
function until all activity on the premises has ceased and patrons have
cleared the parking area. (Revised by Planning Commission August
23, 2010)
18. 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 Department.
19. This land use authorization is only for a Type 47 on-sale beer & wine,
public eating-place, any other license use at this location will require a
new land use clearance.
Resolution No. 2010-13
Page 9 of 11
31 D-19
20. Neither the applicant, nor any person or entity operating the premises with
the permission of the applicant, shall violate the City's adult entertainment
ordinance contained in SAMC section 12-1 and 12-2.
21. The premises shall not be operated as an adult entertainment business as
such term is defined in Santa Ana Municipal Code section 41-1701.6.
22. This conditional use permit shall be reviewed at six months, at one year
and then annually thereafter by the Police Department for any modification
to the conditions of approval.
23. Existing building 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 devices and addressing be upgraded to current code
standards.
24. Applicant is to diFeGt all attendees to paFk at the FiestaFnaFket paFking
+r,e-will provide permanent directional signage instructing patrons to
park in either of the parking structures located to the north of the project
site at Spurgeon Street and Fifth Street.
Any iRfORnatien 06 tG GGG61F OR all
An r promotional materials for events to be held at the Theater project site
also shall include parking instructions directing patrons to use the
Spurgeon Street and Fifth Street parking structures. (Revised by
Planning Commission August 23, 2010)
C. Fire Department
Plans must note fire alarm system when submitted for plancheck.
Resolution No. 2010-13
Page 10 of 11
31 D-20
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: 2010-13 (Conditional Use
Permit Nos. 2010-04 2010-05 and 2010-06 in this action y placing a true copy
thereof enclosed in sealed envelopes addressed as follows:
Dennis Lluy
Yost and Ritz Inc.
307 North Spurgeon Street
Santa Ana, CA 92701
Ryan Chase
Fiesta Marketplace
Partners
129 West Wilson St., Suite
100
Costa Mesa, CA 92627
Dennis Lluy
208 North Spurgeon 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.
MARTHA RAMIREZ
Resolution No. 2010-13
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31 D-22