HomeMy WebLinkAbout2005-64
RESOLUTION NO. 2005-64
KO - 8/5/05
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA MODIFYING CONDITIONAL
USE PERMIT NO. 2001-09 FOR A TYPE 41 ALCOHOLIC
BEVERAGE CONTROL LICENSE FOR THE PROPERTY
LOCATED AT 201 NORTH BROADWAY
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 April 25, 2001.
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 Memphis
• Restaurant located at 201 North Broadway:
1. The applicant is requesting a modification to remain open until
midnight, Sunday through Wednesday, and until 2:00 a.m. on
Thursdays, Fridays and Saturdays.
2. An additional outdoor dining area is proposed at the easternmost
point of the restaurant. The proposed outdoor dining area is
approximately 180 square feet in size and would provide similar
fencing as the existing outdoor area.
3. Allow dancing within the restaurant. The applicant is requesting an
approximately 300 square foot dance floor within the bar area.
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?
Resolution No. 2005-64
Page 1 of 4
The modifications to the conditional use permit to allow the
. extended hours of operation, dancing and outdoor dining
area 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, larger dining area 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
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
Resolution No. 2005-64
Page 2 of 4
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. 2005-64 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. 2001-09 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 AI
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
aril, 2005 by the following vote:
Cribb, De La Torre, Gartner, Leo, Lutz, Mondo,
Nalle (7)
None (0)
None (0)
None (0)
Glenn M~ndo
Chairpers
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: k 5~ ' .
Kylee O. Otto ;-
Assistant City ttorney
Resolution No. 2005-64
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. 2005-64 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 Commis n
City of Santa Ana
Resolution No. 2005-64
Page 4 of 4
Modified Conditions of Approval for Conditional Use Permit No. 2001-09
Conditional Use Permit No. 2001-09 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 riQ 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
1. 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.
4.
5.
B. Police Department
1. Sales, service and consumption of alcoholic bevera es shall be permitted
only between the hours of 7:00 a.m. and ~ Sunday
through Wednesday, and 7:00 a.m. to a.m. Thursday, Friday
and Saturday.
2. The sale of beer and/or wine for consumption off the premises is
prohibited.
3.
4. Live musical entertainment shall be limited to a maximum of four
• musicians/performers. Said entertainment shall be ancillary to the
restaurant use.
Exhibit A
Page 1 of 3
The project shall remain in compliance with Site Plan Review
(Development Project Nod. 00-023 ).
• exterior of the premises.
music/noise shall be audible on the
7.
8. Musical entertainment is permitted only on Thursday, Friday, and
Saturdays until 12:00 midnight.
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. No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the licensee.
11. The applicant(s) shall be responsible for maintaining free of litter the area
adjacent to the premises under the control of the licensee.
12. There shall be no pool tables or coin-operated games maintained upon
the premises at any time.
13. There shall be no public telephones on the exterior of the premises.
14. The quarterly gross sales of alcoholic beverages shall not exceed the
gross sales of food during the same period.
15. 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.
16. During all hours of operation, the bar/counter must provide a food menu
and have food service available.
17. The subject alcoholic beverage license shall not be exchanged for a public
premises type license nor operated as a public premise.
18. 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 Santa Ana Municipal Code Section 12-1 and 12-2.
19. The premises shall not be operated as an adult entertainment business as
such term defined in Santa Ana Municipal Code Section 41-1701.6.
20. The conditional use permit shall be reviewed at 90 days, six months, at
one year and then annually thereafter by the Police Department for any
modification to the conditions of approval.
21.
Exhibit A
Page 2 of 3
23.
Exhibit A
Page 3 of 3