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HomeMy WebLinkAbout2006-28 • RESOLUTION NO. 2006-028 bk- 10/19/06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AMENDING CONDITIONAL USE PERMIT NO. 1990-01 AS CONDITIONED TO PERMIT OPERATATION TO 1:30 A.M. FOR THE PROPERTY LOCATED AT 2323 WEST FIRST 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 amendment of Conditional Use Permit No. 1990-01 to extend the hours of operation of the EI Flamingo Restaurant and Nightclub, located at 2323 West First Street, to 1:30 a.m. seven nights per week. B. On October 23, 2006, the Planning Commission held a duly noticed public hearing on the application to amend Conditional Use Permit No. 1990-01. C. 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: 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 and entertainment establishment in the central section of the City. Conditions of approval 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 and Resolution No. 2006-028 Page 1 of 8 new conditions of approval that the Police Department is proposing for the project. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The 1.02-acre site has had the EI Flamingo Restaurant and Nightclub operate on the premises since 1985. The expanded hours of operation for 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 ABC licenses are permitted within the Light Industrial (M1) zoning district and the Industrial (IND) General Plan designation. Additionally, the use, as conditioned, is in compliance with the regulations identified in the zoning code. D. 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 allows the permitting of existing structures. Categorical Exemption Environmental Review No. 2005-136 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves the requested amendment to Conditional Use Permit No. 1990-01 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 October 23, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 23rd day of October 2006 by the following vote: Resolution No. 2006-028 Page 2 of 8 AYES: Commissioners: • NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Benavides, Betancourt, Gartner, Leo, Lutz (7) None (0) None (0) None (0) Cribb, De La Torre, Christop er Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Be ~a m Kaufrr~n C of ssistant pity Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2006-028 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 23, 2006. ,p ~ ~-- Date: Secretary of the P ing Commission City of Santa Ana r: Resolution No. 2006-028 Page 3 of 8 • Conditions for Approval of Conditional Use Permit No. 1990-01 Conditional Use Permit No. 1990-01 is 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 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. Install a new sign for the Flamingo Club restaurant which complies with the City of Santa Ana Municipal Code. (Condition satisfied) 2. The restaurant shall comply with the requirements established by the Planning Commission for bona fide eating establishment. • 3. All proposed site improvements must conform with the Site Plan Review approval of DP No. 06-30. 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. 5. The security bars located on the building exterior must be removed and relocated to the inside of the building. B. Fire Department Install an automatic fire sprinkler system. (Condition satisfied) Exhibit A C Resolution No. 2006-028 Page 4 of 8 C. Police Department 1. Install a silent armed robbery alarm. 2. , „hmi#e~'l .ef r.f r,l~+r,c~ Cn+irc r,~rLinn ~ro~ rv~„e~ ho hrn„nh~ ~,r~ frinndo Ocn7rrTrct "cc-v .,. ~~..,~.. ~.+......,,.y ......... .,............ ........y... ...~.. ... ........_. (Deleted by the Planning Commission on October 23, 2006) 3. No dancing after 1:30 a.m. 4. Music shall not be played outside the premises nor be audible beyond 20 feet from the exterior of the premises in any direction the area under control of the licensee. (Modified by the Planning Commission on October 23, 2006) 5. No pool tables or coin operated games shall be maintained on the premises. 6. At all times that entertainment is being conducted, the applicant shall employ a minimum of one (1) uniformed licensed security guard for every • 100 persons, or less, in attendance per event, for the purpose of keeping the peace. The Chief of Police or his designate shall first approve every security guard employed b~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 y the Chief of Police, the applicant shall increase the number of uniformed, licensed security Guards to a total number of Guards as determined by the Chief of Police. (Modified by the Planning Commission on October 23, 2006) 7. There shall be no bar or lounge area upon the licensed premises maintained for the sole purpose of sale, service, or consumption of alcoholic beverages directly to patrons for consumption. 8. Sales, service and consumption of alcoholic beverage shall be permitted only between the hours of 11:00 a.m. to 1:30 a.m., seven days a week. (Modified by the Planning Commission on October 23, 2006) Resolution No. 2006-028 Page 5 of 8 9. The sale of alcoholic beverages for consumption off the premises is prohibited. (Modified by the Planning Commission on October 23, 2006) 10. The quarterly gross sale of alcoholic beverages shall not exceed the gross sales of food. 11. 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. 12. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which has control. 13. The premises shall at all times operate as a bona fide eating establishment. The premises will be considered as being used in a bona fide manner if: (a) There is a real offer of holding out to sell meals when the premises is open for regular business hours. • (b) Actual and substantial sale of meals are made to guests for compensation. Incidental, sporadic or infrequent sales of meals or a mere offering of meals with actual sales shall not be deemed sufficient to consider premises as being used in a bona fide manner. 14. Meals shall consist of the usual assortment of food commonly ordered at various hours of the day. The service of food and victuals only as sandwiches or salads shall not be deemed compliance with this requirement. However, certain specialty entrees, such as pizza, fish, ribs, etc., and an assortment of other foods, such as soups, salads or desserts, may be considered a meal. 15. The existing building and parking lot must conform with 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 li hting, door/window locking devices and addressing be uoaraded to current code standards. Lighting standards cannot be located in required landscape planters. (Added by the Planning Commission on October 23, 2006) Resolution No. 2006-028 Page 6 of 8 16. The applicant shall be responsible for maintaining the premises free of • araffiti. All graffiti shall be removed within 24 hours of occurrence. (Added by the Planning Commission on October 23, 2006) 17. Cash resister must be visible from the street at all times and shall not be obstructed at any time by temporanr or permanent sisnage. (Added by the Planning Commission on October 23, 2006) 18. Window displavs must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Windows shall be kept clear of any advertising materials between three and six feet in height. (Added by the Planning Commission on October 23, 2006) 19. Window displavs and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. (Added by the Planning Commission on October 23, 2006) 20.Abmed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. (Added by the Planning Commission on October 23, 2006) 21.A11 new pay telephones shall be located inside the premises and restricted to outgoing calls only. (Added by the Planning Commission on October 23, 2006) 22. The conditional use permit shall be reviewed at ninety days, six months, and formally at one year by the Planning Commission and then annually thereafter by the Police Department for any modification to the conditions of approval. (Added by the Planning Commission on October 23, 2006) 23. "No Loitering/Trespass" signs/placards shall be posted in the parkins lot. The posted signs must conform to Penal Code Section 602. (Added by the Planning Commission on October 23, 2006) Resolution No. 2006-028 Page 7 of 8 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 ,Santa Ana, California 92702. On November 14, 2006 I served the ~tiion No. 2006-028 (Conditional U: a true copy tnereot enciosea m Luis R. Gonzalez 1301 North Mountain View Santa Ana, CA 92703 ing document described as: lit No. 1990-01 in this action ,nve opes a ressed as follows: [ ] 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 November 14, 2006 at Santa Ana, California. MARTHA IRE •