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HomeMy WebLinkAbout2004-36 RESOLUTION NO. 2004-36 KO-09/30/04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2004-09 AS CONDITIONED FOR A BAR AT THE PROPERTY LOCATED AT 215 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. Variance No. 2004-09 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on September 13, 2004. B. Variance No. 2004-09 has been filed with the City of Santa Ana seeking to allow a bar at the property located at 215 North Broadway. C. Santa Ana Municipal Code Section 41-191(b)(5) identifies public premises selling beer or liquor for consumption as their primary business as a regulated use. Applicant is seeking a variance from this Municipal Code section. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. i. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at minor exception with the intent and purpose of the provisions of this Chapter. The proposed bar will provide an ancillary service and amenity to the Artists Village and thereby benefit the community. The allowance of a bar within the Artists Village provides an additional nighttime amenity to the area. The provision of a bar could create a negative impact to the surroundings, as such additional conditions have been placed on Variance No. 2004- 09 that will mitigate potential impacts created by the Resolution No. 2004-36 Page 1 of 3 use and ensure that the use will not negatively affect the surrounding community. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. Approval of the variance allows the applicant to operate a bar within the emerging Artists Village of the downtown. The bar will add to the growing Artists Village active lifestyle; support evening activities and a variety of dining establishments. Downtown should be the place to go to experience the full character of a community, and a bar will contribute to a vibrant evening experience. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The approval of the variance 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 conditions imposed on the variance will mitigate any potential impacts that might occur from the proposed alcoholic beverage sales and entertainment. The additional business will assist in promoting the economic viability and enhance the livability for this area of the downtown. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan land use designation of District Center (DC). The addition of a bar within an area dominated by living and working space will add to a mixture of uses that has proven successful throughout downtowns within the United States. The project will add to the vibrant dynamics of the downtown, increasing activity within the Artists Village and thereby helping to achieve Goal 2.0 of the General Plan, "Promote land uses which enhance the City's economic and fiscal viability". Resolution No. 2004-36 Page 2 of 3 • D. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt. No further environmental review is needed. Environmental Review No. 04-183 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Variance No. 2004-09 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 not is not limited to: the Request for Planning Commission Action dated September 27, 2004 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 27th day of September, 2004 by the following vote: AYES: Commissioners: Cribb, De La Torre, Lutz, Mondo, Nalle, Sinclair (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Leo (1) ABSTENTIONS: Commissioners: None (0) Gle Mondo Chair rson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ,. By: ~, Kylee O. O Deputy Cit ttorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2004-36 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 27, 2004. Date: Planning Commission Secret City of Santa Ana Resolution No. 2004-36 Page 3 of 3 Conditions for Approval for Variance No. 2004-09 Variance No. 2004-09 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 rip or to exercising the rights conferred by this Variance. The applicant must remain in compliance with all conditions listed below throughout the life of the Variance. Failure to comply with each and every condition may result in the revocation of the Variance. A. Planning Division 1. Any amendment to this Variance must be submitted to the Planning Division and Police Department for review. 2. The project shall remain in compliance with Site Plan Review (Development Project No. 04-049). 3. A C3 parking waiver shall be applied for and approved prior to issuance of certificate of occupancy. B. Police Department 1. Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 4:00 p.m. and 2:00 a.m., daily. 2. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 3. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee(s). 4. The applicant shall post and maintain a professional quality sign on the east elevation of the premises prohibiting the consumption of alcoholic beverages outside the licensed premises. 5. No sales or consumption of alcoholic beverages shat( take place outside. 6. The sale of draft beer is prohibited. 7. The sale or service of beer on tap (or draught beer) is prohibited. Exhibit "A" Page 1 of 3 i C 8. No distilled spirits shall be sold by the bottle. 9. No employee or agent shall solicit or accept any alcoholic or non-alcoholic beverage from any customer while in the premises. 10. Entertainment provided shall not be audible beyond 10 feet from the exterior of the premises in any direction. 11. Entertainment provided shall be limited to a maximum of five musicians. 12. There shall be no dancing allowed on the 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. 14. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control. 15. There shall be no coin operated games or video machines maintained upon the premises at any time. 16. There shall be no pool/billiard tables maintained upon the premises at any time. 17. There shall be no public telephones located on the exterior of the premises. Interior phones shall be restricted to outgoing calls only. 18. Any graffiti painted or marked upon the premises or on any adjacent area under control of the licensee(s) shall be removed or painted over within 24 hours of being applied. 19. The petitioner(s) shall post a placard on the exterior east elevation of the premises prohibiting loitering, pursuant to California Penal Code ("CPC") section 602. 20. It shall be the petitioner(s) responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. 21. Petitioner(s) shall not require an admission charge, a cover charge or donation, nor shall there be a requirement to purchase a minimum number of drinks. 22. If the City ceases providing security guards in the designated parking structure, the applicant shall provide one (1) state licensed uniformed security guard from 6:00 p.m. until one (1) hour after closing on Friday, Exhibit "A" Page 2 of 3 • Saturday and Sunday, who shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by nearby residents. 23. The rear door shall be kept closed at all times during the operation of the premises except in cases of emergency and to permit deliveries. Said door not to consist solely of a screen or ventilated security door. 24. All employees must attend Responsible Beverage Server (RBS) training provided by the State Department of Alcoholic Beverage Control. 25. The designated manager of the premises must be qualified by the State Department of Alcoholic Beverage Control. 26. 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. 27. The premises shall not be operated as an adult entertainment business as such term defined in SAMC section 41-1701.6. 28. The variance 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. 29. Existing suite and alley lighting 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 devises and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 30. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 31. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 32. Window displays and racks must be kept to a maximum height of three feet including merchandise. 33. Install a silent armed robbery alarm. Exhibit "A" Page 3 of 3