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HomeMy WebLinkAbout2005-69KO - 09/07/05 RESOLUTION NO. 2005-69 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA MODIFYING CONDITIONAL USE PERMIT NO. 2004-01 FOR A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 211 WEST SECOND 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. Conditional Use Permit No. 2004-01 was approved by the Zoning Administrator of the City of Santa Ana on February 25, 2004. B. The applicant is requesting the following modifications to Conditional Use Permit No. 2004-01, for a Type 41 Alcoholic Beverage Control license to allow the on-premise sale of beer, wine and distilled spirits at Pangea Restaurant located at 211 West Second Street: 1. The hours of operation are presently limited to 11:00 p.m. seven days a week. The applicant is requesting a modification to 2:00 a.m. seven days a week. 2. Allow a disc jockey (DJ) or amplified music on Friday and Saturday evenings until 2:00 a.m. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption. D. Santa Ana Municipal Code Section 41-649 and 41-638 authorizes the Planning Commission to modify 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 approval of modifications to the conditional use permit in order to allow the extended hours of operation and enhanced entertainment will provide an ancillary service and amenity to the downtown and Artists Village and thereby • benefit the community. Additional conditions have been placed on the Alcoholic Beverage Control license that will Resolution No. 2005-69 Page 1 of 4 mitigate 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 approval of modifications to the conditional use permit 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 sale of alcoholic beverages will continue to occur on the premises. Moreover, conditions are imposed to mitigate potential impacts to those in the vicinity. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The modifications are suitable and appropriate ancillary uses within the downtown and Artists Village setting. The late hours, and entertainment will increase the patronage within the downtown and Artists Village, thereby enhancing the viability of the business. Further, with the conditions • imposed, the use and site will enhance the success of the area building on the successful cultural and business climate of 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 an establishment selling alcoholic beverages 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. Restaurants and their ancillary uses such as alcoholic beverage control licenses, entertainment, dancing and extended hours of operation are permitted within the Central Business-Artists Village (C3A) zoning district and the District Center (DC) General Plan designation. These projects will help to facilitate Goal 2.0 to "Promote land uses which enhance the City's economic and fiscal viability". The addition of these ancillary uses will help to provide a service to complement other uses within the downtown and growing Artists Village. Further, Goal 4.0 of the Land Use Element, Resolution No. 2005-69 Page 2 of 4 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 downtown and Artists Village promotes the unique make up of the area with a mix of residences and commercial businesses. 2. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt. No further environmental review is needed. Environmental Review No. 2005-62 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana hereby, approves the modifications to Conditional Use Permit No. 2004-01 as conditioned in Exhibit "A" attached hereto and incorporated 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 April 25, 2005 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 25th day of April, 2005 by the following vote: AYES: Commissioners: Cribb, De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (7) NOES: Commissioners: None (0) • ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Glenn ondo Chairper on APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee O. O ' Assistant ' y Attorney C Resolution No. 2005-69 Page 3 of 4 • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2005-69 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 25, 2005. Date: - ~ ~~ Clerk of the Planning Commission City of Santa Ana Resolution No. 2005-69 Page 4 of 4 Modified Conditions of Approval for Conditional Use Permit No. 2004-01 Conditional Use Permit No. 2004-01 is approved 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 rip or 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. (Added language highlighted, deleted language in strikeout.) A. Planning Division 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 garbage disposal. 5. The project shall remain in compliance with Site Plan Review (DP No. 03-54 air ). 6. B. Police Department Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and a-2:A9 ~ a.m. Exhibit A Page 1 of 4 2. The sale of beer and/or wine for consumption off the premises • is prohibited. 3. There shall be no public dancing permitted on the premises at any time. 4. Live musical entertainment shall be limited to a maximum of four musicians/performers. Said entertainment shall be ancillary to the restaurant use. 5. After the hour of 10:00 p.m., no music/noise shall be audible on the exterior of the premises. 6. No noise from said entertainment shall be heard beyond 20 feet from the exterior of the premise in any direction. 7. Musical entertainment is permitted only on Thursday, Friday, and Saturdays. 8. 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. 9. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 10. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 11. There shall be no pool tables or coin-operated games maintained upon the premises at any time. 12. There shall be no public telephones on the exterior of the premises and any interior phones will be restricted to outgoing calls only. 13. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. 14. 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. 15. During all hours of operation, the bar/counter must provide a menu and have food service available. Exhibit A Page 2 of 4 • 16. The subject alcoholic beverage license shall not be exchanged for a public premises type license nor operated as a public premise. 17. 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. 18. The premises shall not be operated as an adult entertainment business as such term defined in SAMC section 41-1701.6 19. Existing suite 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. Lighting standards cannot be located in required landscape planters. 20. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, all conditions must be complied with. 21. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 22. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 23. Window displays and racks must be kept to a maximum height of three feet including merchandise. 24. Atimed-access cash controller must be installed. 25. Interior displays and racks must be kept to a maximum of five feet including merchandise. 26. Install a silent armed robbery alarm. 27. The 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. 28. This land use authorization is only applicable to a type 41 on-sale beer and wine, public eating-place. Any other type of license use at this location will require a new land use clearance. Exhibit A Page 3 of 4 • 30. 31. Exhibit A Page 4 of 4