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HomeMy WebLinkAbout2001-51r~ ~~ Kdo/11 /13/01 RESOLUTION NO.2001-51 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING AND ADOPTING, THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR ENVIRONMENTAL REVIEW NO. 01-129 AND APPROVING CONDITIONAL USE PERMIT NO. 2001-32 TO ALLOW A TYPE 47 LIQUOR LICENSE FOR THE GENERAL SALE OF ALCOHOLIC BEVERAGES FOR THE PROPERTY LOCATED AT 505 N. SYCAMORE STREET BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. The Mitigated Negative Declaration and the Mitigation Monitoring Program for Environmental Review No. 01-129 and Conditional Use Permit No. • 2001-32 came before the Zoning Administrator of the City of Santa Ana for a public hearing on November 14, 2001. B. The proposed use will provide an ancillary service to the restaurant and catering services, thereby providing a beneficial service to the community through afood-related amenity at an eating establishment. Conditions have been placed on the alcoholic beverage control license, which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. C. The proposed use, the addition of the alcoholic beverage control license to the existing restaurant and catering service, will not be detrimental to the health, safety, or general welfare to persons residing or working in the area, because the use as conditioned, will not create any negative or adverse impacts. The sale of alcoholic beverages will occur inside of the premises and is incidental to the restaurant use. Moreover, conditions are imposed to mitigate any potential impacts to those in the vicinity. D. The proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The 0.24-acre site is a commercial establishment that is suitable for the proposed use. The addition of alcoholic beverages to the menu at Jason's • Catered Events and the Athena Restaurant should increase the patronage to the business, thereby enhancing profitability and identifying the use and Resolution No. 2001-51 Page 1 of 3 • site as economically stable and viable for the surrounding properties in the area. E. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer and wine, pursuant to Chapter 41 of the Santa Ana Municipal Code. F. The proposed use will not adversely affect the General Plan. Restaurants and ancillary uses such as alcoholic beverage control licenses are permitted within the District Center (DC) General Plan designation and the Central Business (C3) zoning district. Additionally, the use as conditioned, is in compliance with the regulations identified in the zoning code. Section 2. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves and adopts the Mitigated Negative Declaration and the Mitigation Monitoring Program for Environmental Review No. 01-129. Section 3. The Zoning Administrator of the City of Santa Ana hereby, approves Conditional Use Permit No. 2001-32 as conditioned in Exhibit "A" attached hereto and incorporated herein. • ADOPTED this day of November 2001. CV. C V ew - Zoni A inistrator APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee ette Deput ity Attorney • Resolution No. 2001-51 Page 2 of 3 • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2001-51 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on November 14, 2001. Date: - y ler of the oning Administrator City of S to Ana • Resolution No. 2001-51 Page 3 of 3 • Conditions for Approval for Conditional Use Permit No. 01-32 Should Conditional Use Permit No. 01-32 be approved, the project shall comply 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. In addition, it shall meet the following conditions: 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. 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 restaurant must be maintained as a bona fide eating establishment. An eating establishment as defined by the Alcoholic Beverage Control Board and the standards established by the Planning Commission with the • following items. 1. One conventional range/oven 2. An automatic dishwasher 3. A double sink 4. A 25 cubic foot refrigerator 5. 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 project shall remain in compliance with Site Plan Review (DP No. 01- 050). B. Police Department l . The sale of beer and/or wine for consumption off the premises is prohibited. 2 . There shall be no public dancing permitted on the premises at any time unless an approved dance permit has been obtained from the Chief of Police or his designate. 3 . There shall be no music played outside. Any background music or noise shall • not be audible beyond 20 feet from the exterior of the premises in any direction. EXHIBIT "A" Page 1 of 4 • 4 . 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. s . No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 6 . The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. ~ . There shall be no pool tables or coin-operated games maintained upon the premises at any time. s . The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. 9 . 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. to . The subject alcoholic beverage license shall not be exchanged for a public • premises type license nor operated as a public premises. 11. The sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. to 12:00 a.m. 12 . A menu and food service shall be available at all times the fixed bar is being utilized (3rd floor). 13 . Any bar stool type of seating is prohibited at the fixed bar (3rd floor). i4 . All public telephones shall be located on the interior of the premises. 15 . At all times the venue is being operated, the applicant shall employ one uniformed licensed security guard to monitor the parking structure just west of the premises (500 North Sycamore). If the applicant directs patrons to park in the parking structure located on the southwest corner of Fifth and Main Street, there shall be a minimum of one uniformed licensed security guard assigned specifically to that location. If the applicant directs his patrons to one specific parking location, the alternate location's guard requirement will be waived. These guards are assigned specifically to these locations and shall remain on the premises until all activity has ceased and all patrons have cleared that parking area. Security guards are permitted to wear blazers if the following conditions . are met. These conditions will allow them to be readily identifiable as security personnel. Blazers must be identical in color and style, and must clearly EXHIBIT "A" Page 2 of 4 • display the word "Security" in the left chest area. These guards must, at all times, comply with the State of California Private Security Service Act [Division 3, Business & Professions Code Chapter 11.5]. Blazer-attired security guards are prohibited from providing service in the parking structure that patrons utilize. 16 . The Chief of Police or his designate shall first approve every security guard employed by you. If there is a marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase may be determined by the Chief of Police, the permittee shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police. l~ . The applicant is responsible for providing to the Chief of Police, or his designate, a monthly schedule of all events scheduled for the premises. This schedule must include, but not be limited to, the number of security guards assigned, hours of the event, anticipated attendance, name of the responsible party, and whether alcoholic beverages will be sold or consumed on the premises. 18 . 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. 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, a copy of which is attached hereto. 2 0 . The proposed use shall be evaluated after 90 days, six months and annually thereafter in order to determine compliance with the above conditions. 21. The existing building and parking lot (that will be utilized by the Center) 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. 22 . Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, all conditions must be complied with. 23 . Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. • EXHIBIT "A" Page 3 of 4 • 24 . Closing hours for the establishment to be maintained as follows: a. Sunday through Wednesday: 12:00 a.m. b. Thursday through Saturday: 12:30 a.m. 25 . Closing hours will be extended until 1:30 a.m. to a maximum of fifteen (15) days a year. This condition is contingent on a written letter to the Special Investigations Commander of the Police Department, a minimum of 48 hours prior to the date of the event. • • EXHIBIT "A" Page 4 of 4 • Selected Santa Ana Municipal Code Sections Sec. 12-1. Prohibitions: Definitions: Waiters, waitresses, entertainers. Every person is guilty of a misdemeanor who, while acting as a waiter, waitress or entertainer in an establishment which serves alcoholic beverages for consumption on the premises of such establishment: (a) Exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or (b) Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or (c) Exposes any portion of the female breast at or below the areola thereof. (Ord. No. NS-1662, § 1, 12-20-82) • Sec. 12-2. Counseling or assisting. Every person is guilty of a misdemeanor who causes, permits, procures, counsels or assists any person to expose or simulate exposure as prohibited in section 12-1. (Ord. No. NS-1166, § 2, 6-4-73) Sec. 41-1701.6. Adult entertainment businesses. As used in this article, the term "adult entertainment businesses" means any one (1) of the following: (1) Adulf arcade. The term "adult arcade" as used in this chapter, is an establishment where, for any form of consideration, one (1) or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions [that] regularly feature, • but in no event more than twenty (20) percent of the number of which, are distinguished or characterized by an emphasis • upon the depiction or description of specified sexual activities or specified anatomical areas. (2) Adult bookstore. The term "adult bookstore" as used in this chapter, is an establishment that regularly features, but in no event has more than twenty (20) percent of its stock in trade in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and or specified anatomical areas. (3) Adult cabaret. The term "adult cabaret" as used in this chapter, means a cabaret, restaurant, or similar business establishment which: (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) which regularly features live performances by persons who appear semi-nude. • (4) Adult hofel/motel. The term "adult hotel/motel" as used in this chapter, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which, (1) provides patrons with closed- circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions that regularly feature, but in no event more than twenty (20) percent of the number of which, are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (2) rents, leases, or lets any room for less than asix-hour period, or rents, leases, or lets any single room more than twice in atwenty-four-hour period. (5) Adult motion picture theater. The term "adult motion picture theater" as used in this chapter, is a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and regularly feature, but in no event more than twenty (20) percent of the number of which, are • distinguished or characterized by an emphasis upon the • depiction or description of specified sexual activities or specified anatomical areas. (6) Adult theater. The term "adult theater" as used in this chapter, means a legitimate theater, concert hall, auditorium, or similar establishment primarily devoted to theatrical performances which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities. (7) Modeling studio. The term "modeling studio" as used in this chapter, means a business which meets the definition of a figure modeling studio pursuant to article IV of chapter 12 of this Code or which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the state board of education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available "specified sexual activities." (Ord. No. NS-2373 § 8, 12-7-98)