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HomeMy WebLinkAbout2005-65• RESOLUTION NO. 2005-65 KO - 8/5/05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA MODIFYING CONDITIONAL USE PERMIT NO. 1995-11 FOR A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 400 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. On June 7, 1995, the Zoning Administrator of the City of Santa Ana approved Conditional Use Permit No. 1995-11. On April 9, 2001, the Planning Commission modified Conditional Use Permit No. 1995-11. B. The applicant is requesting a further modification to Conditional Use Permit No. 1995-11, for a Type 41 Alcoholic Beverage Control license to allow the on-premise sale of beer, wine and distilled spirits at Shelly's • Courthouse Bistro located at 400 West Fourth Street to extend the hours of operation to 2:00 a.m. seven days a week. 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 modifications to the conditional use permit to allow the extended hours of operation 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? Resolution No. 2005-65 Page 1 of 3 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 modification is suitable and appropriate within the downtown and Artists Village setting. The late hours 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 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. Resolution No. 2005-65 Page 2 of 3 2. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt. No further environmental review is needed. Environmental Review No. 2005-65 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. 1995-11 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 not 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 ABSTENTIONS: Commissioners APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ~J~ By: Kylee O. Otto;' Assistant Cit Attorney CERTIFICATE OF None (0) None (0) ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2005-65 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 Commissio City of Santa Ana Resolution No. 2005-65 Page 3 of 3 Modified Conditions of Approval for Conditional Use Permit No. 1995-11 • Conditional Use Permit No. 1995-11 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 alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. • 3. The project shall remain in compliance with Site Plan Review (Development Project No. 00-066 ~~~). 4. B. Police Department The existing suite must conform with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These codes 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 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 graffiti. All graffiti shall be removed within 24 hours of occurrence. 4. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. Exhibit A Page 1 of 3 5. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 6. Window displays and racks must be kept to a maximum height of three feet including merchandise. 7. Sales, service, and consumption of alcoholic beverage shall be permitted only between the hours of 7:00 a.m. and 8. 9. There shall be no amplified music or public dancing permitted on the premises at any time. 10. Live entertainment provided shall be limited to a maximum of three musicians with non-amplified instruments located in the restaurant interior only. 11. 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. • 12. The subject alcoholic beverage license shall not be exchanged for a public premises type of license nor operated as a public premises. 13. 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. 14. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. 15. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 16. The sale of beer and/or wine, for consumption off the premises is prohibited. 17. All public telephones shall be located on the interior of the premises. 18. The petitioner(s) shall be responsible for maintaining the premises free of litter, including the area adjacent to the premises over which he has control. r: Exhibit A Page 2 of 3 19. There shall be no pool tables or coin operated games maintained upon the premises at any time. 20. At all times when the premises are open for business, the sale and service of alcoholic beverages on the patio, food counter, or the interior of the restaurant shall be made only in conjunction with the sale and service of food. 21. 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. 22. Entertainment provided shall not be audible beyond 20 feet from the exterior of the premises in any direction. 23. The premises shall not be operated as an adult entertainment business as such term is defined in Santa Ana Municipal Code 1701.6. 24. The premises shall not be operated as an adult entertainment business as such term defined in Santa Ana Municipal Code Chapter 41-12.2, a copy of which is attached hereto. 25. 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, a copy of which is attached hereto. 26. The use shall be evaluated after 90 days, six months, one year and annually thereafter in order to determine compliance with the above conditions. 27. 28. Exhibit A Page 3 of 3