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HomeMy WebLinkAbout2005-68 RESOLUTION NO. 2005-68 KO - 9/7/05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA MODIFYING CONDITIONAL USE PERMIT NO. 1996-30 FOR A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 416 WEST FOURTH 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. 1996-30 was approved by the Zoning Administrator of the City of Santa Ana on September 18, 1996 and was modified by the Zoning Administrator on July 31, 2002. B. The applicant is requesting the following modifications to Conditional Use Permit No. 2001-09, for a Type 41 Alcoholic Beverage Control license to • allow the on-premise sale of beer, wine and distilled spirits at Boardwalk Cafe located at 416 West Fourth Street: The applicant is requesting a modification to 2:00 a.m. on Friday and Saturday. 2. Allow dancing within the restaurant. The applicant is requesting an approximately 300 square foot dance floor within the bar area. 3. The applicant is requesting up to six musicians with amplified instruments. 4. Allow additional alcohol storage. The applicant is requesting additional storage in the form of a wine cellar within the basement of the building. 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. Resolution No. 2005-68 Page 1 of 4 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 modifications to the conditional use permit to allow the extended hours of operation, enhanced entertainment, dancing and additional alcohol storage 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 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 permits 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, entertainment, and dancing 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 Resolution No. 2005-68 Page 2 of 4 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, 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. 2005-63 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. 1996-30 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) v' ~. Glen Mondo Chairp rson _~ r: Resolution No. 2005-68 Page 3 of 4 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ,~ Kylee O. Ott Assistant Cit Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2005-68 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 25, 2005. Date: ~ 5 Clerk f the Planni omm~ ion City of Santa Ana Resolution No. 2005-68 Page 4 of 4 Modified Conditions of Approval for Conditional Use Permit No. 1996-30 • Conditional Use Permit No. 1996-30 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 rior 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 1. Al! proposed site improvements shall conform with Site Plan Review approval of DP 96-22. 2. The restaurant shall remain a bona fide eating establishment as defined by the Alcoholic Beverage Control Board and by the standards established by the Planning Commission. These guidelines state that restaurant • establishments include the following: a. One conventional range/oven. b. A double sink. c. A 25 cubic foot refrigerator. d. A four-foot by six-foot food preparation area. e. An automatic dishwasher. f The ~In~hi.lin hover~nc cinr~nc ~rc~ ~h.~ll nn4 cvnccrl fivc nornen~ of 3. The interior lighting shall be in accordance with the Alcoholic Beverage Control regulations. 4. There shall be no gaming devices, such as pool tables, pinball machines, motion picture booths, etc. 5. There shall be no conduct or entertainment allowed on the premises as prohibited by Chapter 12 of the Santa Ana Municipal Code (S.A.M.C.). 6. The trash enclosure area must be cleaned and kept in clean conditions at all times. Exhibit A Page 1 of 3 7. There shall be no parking on the Fire Department fire lanes or any other • prohibited areas. 8. There shall be no sales or consumption of alcohol on outdoor areas until a street encroachment permit has been issued and the activity conforms to the City's design standard. 9. B. Police Department 1. The existing restaurant and exterior lighting 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 lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. Prior to the issuance of Letter of Approval to the Alcohol Beverage Control Board, all conditions must be complied with. 3. The applicant shall be responsible for maintaining the premises free of litter and graffiti, including the area adjacent to the premises over which he has control. All graffiti shall be removed within 24 hours of occurrence. 4. The sales, service, and consumption of alcoholic beverages shall be permitted only in conjunction with food service between the hours of 7:00 a.m. and 6. Live entertainment provided shall be limited to a maximum of ##ree six musicians with flee-amplified instruments located in the restaurant interior only. 7. Live entertainment is allowed only on Fridays and Saturdays between the hours of 7:00 a.m. to 12:00 a.m. and at no other time. 8. The subject alcoholic beverage license shall not be exchanged for a public premises type of license nor operated as a public premises. • Exhibit A Page 2 of 3 9. 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. 10. There shall be no coin-operated games or pool tables maintained on 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. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee with the exception of the outdoor dining area once that area conforms to the proposed design standards for outdoor dining areas. 13. The sale of beer and/or wine for consumption off the premises is prohibited. 14. All public telephones shall be located on the interior of the licensed premises. 15. At all times when the premises is open for business, the sale and service of alcoholic beverages shall be made only in conjunction with the sale and service of food. 16. The premises shall be maintained as a bona fide eating establishment and shall provide a menu containing an assortment of foods normally offered in such restaurants. 17. The premises shall not be operated as an adult entertainment business as such term defined in Santa Ana Municipal Code Chapter 41-1701.6. 18. Music shall not be audible beyond 20 feet from the exterior of the premises in any direction. 19. 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 Santa Ana Municipal Code Section 12-1 and 12-2. 20. The use shall be evaluated after 90 days, six months, one year and annually thereafter in order to determine compliance with the above conditions. 21. Exhibit A Page 3 of 3 22. 23. 24. Exhibit A Page 4 of 8•~