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HomeMy WebLinkAbout31A - CUP - 515 N MAIN ST STE BREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 1, 2011 TITLE: CONDITIONAL USE PERMIT NOS. 2011-07,2011-15 AND 2011-16 TO ALLOW A TYPE 47 ALCOHOL BEVERAGE CONTROL LICENSE, A BANQUET USE AND TO OPERATE AFTER HOURS AT THE KARMINA RESTAURANT LOCATED AT 515 NORTH MAIN STREET, UNIT B - ADOLFO LOPEZ, APPLICANT f f ,. CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s1 Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit Nos. 2011-07, 2011-15 and 2011-16 as conditioned. PLANNING COMMISSION ACTION On July 11, 2011, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2011-07 for a Type 47 ABC license as conditioned, adopted a resolution approving Conditional Use Permit No. 2011-15 to allow after hours operations as conditioned; and adopted a resolution approving Conditional Use Permit No. 2011-16 to allow a banquet use as conditioned by a vote of 5:0 (Turner absent; Gartner abstained) for the Karmina Restaurant located at 515 North Main Street, Suite B in the Specific Development No. 84/Downtown (SD- 84/Downtown) zoning district. At the hearing, the Commission modified two conditions of approval for the project. First, Police Condition No. 14 was modified to require the Police Department to review the quarterly gross sales of alcohol and food as part of their standard review to ensure the facility operates as a restaurant. Second, Police Condition No. 28 was modified to prohibit the restaurant from requiring a cover charge, from operating as a night club and to prohibit public dancing (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. 2qAA - J4,14. Trev o Executive Director Planning & Building Agency VF:rb vNreports\CUP\CUP11-07CUP11-15&CUP11-16 Karmina.cc Exhibit: A. Planning Commission Staff Report 31A-1 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JULY 11, 2011 TITLE: PUBLIC HEARING - FILED BY ADOLFO LOPEZ FOR CONDITIONAL USE PERMIT NOS. 2011-07, 2011-15 AND 2011-16 TO ALLOW A TYPE 47 ALCOHOL BEVERAGE CONTROL LICENSE, A BANQUET USE AND TO OPERATE AFTER HOURS AT THE KARMINA RESTAURANT LOCATED AT 515 NORTH MAIN STREET, UNIT B Prepared by Vince Fregoso - C?& Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For DENIED ? Applicant's Request ? Staff Recommendation CONTINUED TO Planning Manage Adopt a resolution approving Conditional Use Permit No. 2011-07 for a Type 47 ABC license as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2011-15 to allow after hours operations as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2011-16 to allow a banquet use as conditioned. Request of Applicant Adolfo Lopez, representing the Karmina Restaurant, is requesting approval of three conditional use permits (CUP) for the Karmina Restaurant. The CUP's are to allow a Type 47 Alcoholic Beverage Control (ABC) license for the on-premise sale and consumption of beer, wine and distilled spirits, to allow the restaurant to operate until 2:00 a.m. (after hours), and to allow a banquet use within the existing restaurant. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC). Further, the Transit Zoning Code (SD-84) requires a CUP for after hours operations of a restaurant use as well as for a banquet facility. Project Location and Site Description The Karmina Restaurant currently operates on the first floor of an existing two-story, multi-tenant building located on the east side of North Main Street, between Fifth Street and Santa Ana Boulevard. The site is 6,250 square feet in size and contains a 10,000 square foot building that was constructed in approximately 1915. Each floor is 5,000 square feet in size, with the first floor consisting of two other restaurants and ground floor common areas (seating, restrooms) for the 1 31A-3 CUP Nos. 2011-07, 2011-15 & 2011-16 July 11, 2011 Page 2 building. The second floor is currently vacant but was formerly used as office space. The site has no on-site parking but utilizes the public parking garages at the Fiesta Marketplace and at Fifth and Main Streets. The site is surrounded by commercial and office uses to the north, south, east and west (Exhibits 1 and 2). Proiect Description Karmina is requesting approval of three conditional use permits for the restaurant: A Type 47 Alcoholic Beverage Control (ABC) license to allow the on-premise sale of beer, wine and distilled spirits at the existing restaurant, approval to allow a banquet facility, and the ability to operate the business between 12:00 a.m. and 7:00 a.m. Specifically, the applicant is seeking the approvals in order to serve alcoholic beverages to patrons of the restaurant and to allow large, private functions within the restaurant. Karmina is a quick serve eating establishment that accommodates approximately eight patrons within its 1,200 square foot ground floor space. The applicant is proposing to expand the restaurant into the vacant second floor by constructing an interior stairway that will provide direct access to the new dining area. After the expansion, approximately 136 patrons will be able to be accommodated on both floors of the restaurant. The on-premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The current hours of operation for the restaurant are 8:00 a.m. to 3:00 p.m., Monday through Friday. However, if the ABC license is approved, the applicant intends to operate from 8:00 a.m. until 2:00 a.m., seven days a week. The storage area for the alcoholic beverages will be located on the second floor. A 155 square foot liquor storage room will be constructed as well as an additional 63 square feet of storage area behind the bar will be provided. The overall storage of alcoholic beverage consists of approximately 218 square feet, which is approximately four percent of the floor area and is less than five percent of the gross floor area of the restaurant (Exhibits 3 and 4). Proiect Background Karmina Restaurant is an independently owned restaurant specializing in Mexican casual cuisine. This business has been operating at this location since February 2008. Several restaurant tenants have occupied the space over the years; however, none have had an ABC license. The project was presented to the Zoning Administrator for action on three occasions, the most recent in June 2011. At the conclusion of this hearing, the Zoning Administrator remanded the applicant's request for an ABC license to the Planning Commission as the applicant expressed an interest in obtaining approval to operate the restaurant after midnight and to allow a banquet facility. Both of these applications are not reviewed by the Zoning Administrator but require action by the Planning Commission. 31A-4 CUP Nos. 2011-07, 2011-15 & 2011-16 July 11, 2011 Page 3 General Plan and Zoning Consistency The General Plan land use designation for the site is District Center (DC). District Center districts provide highly visible and accessible commercial development within the City's major development areas such as the downtown area and along the Citys arterial transportation corridors. These districts also provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with this General Plan land use designation. The zoning for the site is Specific Development No. 84 (SD-84/Transit Zoning Code). The SD-84 zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning code. Project Analysis Conditional Use Permit requests are governed by Section 41-638 of the SAMC. Conditional Use Permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permits. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit requests, staff believes that the following findings of fact warrant approval of the conditional use permits. • The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer, wine and distilled spirits with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food-related amenity. Further, the after hours operation and banquet use will 31A-5 CUP Nos. 2011-07, 2011-15 & 2011-16 July 11, 2011 Page 4 allow the restaurant the ability to accommodate large groups, which will provide a needed facility in the downtown area. Conditions have been placed on the alcoholic beverage control license, after hours and banquet permits which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed license for the on-sale consumption of beer, wine and distilled spirits at this location, the CUP for after hours operations and CUP for a banquet use will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the CUP's that will mitigate any potential negative or adverse impacts created by the use. In addition, the uses will occur within the premises and are each incidental and supportive to the restaurant use. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also offer alcoholic beverages for sale to their guests and other visitors. Further, the allowance of a banquet facility and the after hours operation of the restaurant will identify this restaurant, and the area, as a viable location to conduct business As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling alcohol and facilities operating a banquet use pursuant to Chapter 41 of the Santa Ana Municipal Code and the guidelines established by the Planning Commission for restaurants selling alcohol with their meal. The facility has the kitchen equipment necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than five percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Planning Commission. Finally, the facility will be in compliance with all applicable regulations that govern banquet facilities in the City. The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with an ancillary alcohol license, a banquet facility and which operate after hours will provide a dining service to the residents of Santa Ana. Police Department Analysis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. Studies have shown that alcohol is a contributing factor in crimes, such as drunk driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in public and other nuisance type of offenses. Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an over concentration will create blight and adversely impact the community. The approval of a license in an area deemed over concentrated and high in crime may affect the quality of life and police resources in the area, and aggravate existing conditions. 31A-6 CUP Nos. 2011-07, 2011-15 & 2011-16 July 11, 2011 Page 5 Since the City's over concentration standards do not apply to on-sale establishments, the Police Department considered two factors when reviewing this application, crime rate and sensitive land uses. The Police Department has determined that this establishment is located in an area that is above average in police-related incidents. This site is located within Reporting District No. 186, which ranks 1stout of 102 citywide districts in total number of police-related incidents. In terms of land uses, no residences or sensitive land uses were found that might be impacted by this action. Based on the above average crime rate, the Police Department recommends approval of the CUP's provided that conditions are imposed to ensure that this location operates as a bona fide eating establishment and does not aggravate existing conditions or negatively impact adjacent land uses. In addition, the Police Department has reviewed the applicant's request to allow the restaurant to remain open after midnight and to operate a banquet facility at the restaurant and finds that the proposed conditions will address any potential impacts that may occur. Zoning Administrator's Public Hearing On April 27, 2011, a public hearing was held for the proposed ABC license. During the hearing, the Zoning Administrator noted that the restaurant's ground level floor plan did not include enough information that clearly depicted the use as a bona fide eating establishment. Further, the applicant noted that the second level floor plan was incorrect as a dance floor was no longer proposed for the use. As a result, the Zoning Administrator continued the conditional use permit to allow the applicant time to revise the plans. In response, the applicant submitted revised plans that accurately depict the restaurant as a bona fide eating establishment and that removed the dance floor from the second floor. On May 18, 2011, a second hearing was held on the proposed project. Although the applicant made the modifications to the floor plans requested at the April 27th hearing, the item was again continued as the applicant stated that he wanted approval to operate after midnight and as a banquet facility. Since both of those actions require separate conditional use permits, the Zoning Administrator continued the project to allow the applicant time to file the CUP applications, which would allow all three applications to be scheduled for the same Planning Commission hearing. In early June, the applicant submitted applications for the afterhour's operation and the banquet facility. In response, the Zoning Administrator remanded the ABC license to the Planning Commission for a determination on June 8th Public Notification The project site is located within the boundaries of the Downtown and Lacy Neighborhood Associations. The presidents of these Neighborhood Associations were notified by mail 10 days prior to this public hearing. In addition, the District representative from the City's Neighborhood Improvement Division contacted the presidents to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the Neighborhood Association presidents, nor was there a request that the applicant present the project to a meeting of their members. 31A-7 CUP Nos. 2011-07, 2011-15 & 2011-16 July 11, 2011 Page 6 The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2010-141 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit Nos. 2011-07, 2011-15 and 2011-16 as conditioned. Vincent Freg so, AIC' Principal Plan er VF:jm vRreports\CUPICUP11-07CUP11-15&CUP11-16 Kannina.pc Attachments: Exhibit 1 - Vicinity Map Exhibit 2 - Location Map Exhibit 3 - Site Plan Exhibit 4 - Floor Plan 31A-8 SEVENTEENTH >?J I - -- ? ?JLJ+ 61 5-f 1I ? MM, ST. -3 3 c l -if I SP-3 SP•3 R1 l i"L121--l"ll SP-3 sP v CS x CS SY HHH C2 a -J O ' R1 R1 R 1 A? 53 sv 53 RJ RJ R3 p M1 Ml /SS,q RI '•!q R3- rv M2 qN R3- SP-3 SP-3 ?? '9 C2 Hof •3 sr RJ u R3 RI -SP-3 a_ M2 R2n F?'xF - I R k '4 9f R2 P R2 SP I SP-3 c2I c2 u u J r M2 O P R2 SP-3 SR3 ?E'-" M2 R R2 M2 Ml O jp. 5P_3 S.C??'I KA 1 R2 .R2? 0 R2 R2 I SP-3 M M M2 0 HPl1 SP-3 n It D r' M1 R2 ® O SP-3 5?1? ?• .m b. P P P-3 J SP-3 SP-3 rH ,. n v. SP-3 ? O L I P? °? u so'I? M2 O a ` Q ? 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Al GENEFALAG7CLLTLMLt OR OCKWB ALFESDRIW RI 9NGLEFAMILYRMOf3dTW- -R FAR9NGMODIFIGATION GC GOM3 MF3NTC81TF32 R2 1WOFAM1.YR®DENCE C.4Al OCMMHnAL SCUM MAIN Ml UGNf WDUSTRAL FO MULTIR.EDENSTYMULTIFRE 0 OCMMLMITYOOMMEF AL M2 HE4VYINDUSTRAL FAMR.YFE9DBNCE Cl-MD DOW.OCMM8XtLL/MUSELW DISIRGT Mp MtrAWOfEi1T10NS R1 SU9UFOANAPAFUMEQTS C2 GN EFALODMMauk a OENSACE RE FR93DENTIALF;SIATE C3 C3dTWBUSNESS P R7 lAL ED SEORC DEVELOPMENT 0-A CENTRAL BANEMAMSfNLLAGE PCD RANEE CCMMLRNITYDEVD.OWENf S2 SPOOK RAN Gl FAFW® 910FPINGCBVTER PFO RINAN13D FESDf3NT1AL DaaawwT C5 ARr6 OOMME FC IAL CUP 11-7,11-15 & 11-16 _ KARMINA RESTAURANT 515 NORTH MAIN STREET, UNIT B - -?sooFgr 1' = 1000 FIST P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 31A-9 31 A-10 C H U R C H SANTA ANA w w uw COMMERCIAL ui F- F vi vt COMMERCIAL C H U R C H STH w O Q V Y ut COMMERCIAL 1 O F F I C E Z_ Q 4TH C H U R C H P O 5 T O F F I C E C O M M R C I A L BOULEVARD O F F I C E I PARKING PARKING NG F- F w w w w vi O F F I C E ~ of STREET P A R K I N G Z O w S V of cc OD N C O M M E R C I A L I I E STREET C O M I A L CUP 11-7, 11-15& 11-16 KARMINA RESTAURANT 515 NORTH MAIN STREET, UNIT B P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 A-11 31 A-12 1:01i ,? ? ; , EXMIM S 31 A-13 31A-14 1 ? Sm 5i t EXHIBIT 4 3 fX21'S ?. gnu 5 a Ir? ! ~^' ? ? ?3FI9x 4?QSj drj F I ? 4d $ ? x a ?R c i ?? d? 3C o? p g I 4 4 ! ;,: ??•• ? ? -fie ? 8?.la?`4.???:.c ?: i HIM 115-WIlMin vat 1. li. q i I ir.. I Page 2 of 2 31 A-16 ROH - 07/11/11 RESOLUTION NO. 2011-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2011-07 AS CONDITIONED FOR A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2011-15 AS CONDITIONED TO OPERATE UNTIL 2:00 A.M., AND CONDITIONAL USE PERMIT NO. 2011-16 AS CONDITIONED TO OPERATE A BANQUET FACILITY, FOR THE PROPERTY LOCATED AT 515 NORTH MAIN STREET, UNIT B 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. Applicant is requesting approval of: Conditional Use Permit No. 2011-07 to allow a Type 47 Alcoholic Beverage Control (ABC) license, Conditional Use Permit No. 2011-15 to operate a restaurant until 2:00 a.m., and Conditional Use Permit No. 2011-16 to allow a banquet facility, for the property located at 515 North Main Street, Unit B. B. Santa Ana Municipal Code Section 41-2007 requires a conditional use permit for: the sale of alcoholic beverages for on-site consumption, businesses operating between the hours of 12:00 a.m. and 7:00 a.m., and the operation of a banquet facility. C. Conditional Use Permit No. 2011-07 came before the Zoning Administrator of the City of Santa Ana on April 20, 2011, for a duly noticed public hearing. On April 20, 2011, the Zoning Administrator of the City of Santa Ana continued the matter to April 27, 2011. On April 27, 2011, the Zoning Administrator of the City of Santa Ana continued the public hearing to May 4, 2011. On May 4, 2011, the Zoning Administrator of the City of Santa Ana continued the public hearing to May 18, 2011. On May 18, 2011, the Zoning Administrator of the City of Santa Ana continued the public hearing to June 8, 2011. On June 8, 2011, the Zoning Administrator remanded Conditional Use Permit No. 2011-07 to the Planning Commission to be heard along with Conditional Use Permit Nos. 2011-15 and 2011-16. On July 11, 2011, the Planning Commission held a duly noticed public hearing on Conditional Use Permit Nos. 2011-07, 2011-15, and 2011-16. Resolution No. 2011-13 Page 1 of 20 31 A-17 D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established for Conditional Use Permit No. 2011-07 to allow for a Type 47 ABC license: 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 proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer, wine and distilled spirits with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food-related amenity. 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. 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 proposed license for the on-sale consumption of beer, wine and distilled spirits at the restaurant will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and is incidental to the restaurant use. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also offer alcoholic beverages for sale to their patrons. 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 a restaurant selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code and the guidelines established by the Planning Commission for restaurants selling alcohol with their meal. The facility has the kitchen equipment necessary Resolution No. 2011-13 Page 2 of 20 31 A-18 to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than five percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Planning Commission. 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. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana. E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established for Conditional Use Permit No. 2011-15 to allow for after hours operation: 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 proposed after hour's operation of the restaurant will provide an ancillary service to the restaurant customers by allowing them the ability to dine within a bona fide eating establishment in the downtown area. This will thereby benefit the community by providing a restaurant with an additional and complementary amenity that will operate in conjunction with established events in the downtown. Conditions have been placed on the conditional use permit which will mitigate any 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 after hours operation of the restaurant will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the conditional use permit that will mitigate any potential negative or adverse impacts created by the use. In addition, although the restaurant will remain open past midnight, the use will occur within the interior of the premises and will not impact the surrounding uses. Further, security guards are required to Resolution No. 2011-13 Page 3 of 20 31 A-19 be located outside the premises. These guards will be able to control behavior that impacts surrounding uses. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other downtown restaurants that also provide after hours dining opportunities. 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 a facility operating between the hours of midnight and 7:00 a. m. 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. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana. F. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established for Conditional Use Permit No. 2011-16 to allow for a Banquet Facility: 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 proposed banquet use will provide an ancillary service to the restaurant customers by allowing them the ability to have large, private events within the restaurant. This will thereby benefit the community by providing a restaurant with an additional and complementary food-related amenity. Conditions have been placed on the banquet use which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2011-13 Page 4 of 20 31A-20 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 proposed banquet use at the restaurant will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the facility that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and is incidental to the restaurant use. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed banquet use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also offer large venues to hold private events. 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 a banquet facility 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. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with an ancillary banquet facility provides a dining service to the residents of Santa Ana. G. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2010-141 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2011-07 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein, Conditional Use Permit No. 2011-15 as conditioned in Exhibit B attached hereto and incorporated as though fully set forth herein, and Conditional Use Permit No. 2011- 16 as conditioned in Exhibit C attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Zoning Administrator Action dated Resolution No. 2011-13 Page 5 of 20 31A-21 April 27, 2011, and exhibits attached thereto; the Request for Zoning Administrator Action dated May 18, 2011, and exhibits attached thereto; the Request for Planning Commission Action dated July 11, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 11th day of July 2011 by the following vote: AYES: Commissioners: Acosta, Alderete, Mill, Nalle, Yrarrazaval (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Turner (1) ABSTENTIONS: Commissioners: Gartner (1) Eric Alderete Chairman APPROVED AS TO FORM: Joseph A. Straka, Interim City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2011-13 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 11, 2011. Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2011-13 Page 6 of 20 31A-22 Conditions for Approval of Conditional Use Permit No 2011-07 Conditional Use Permit No. 2011-07 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 California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2007-61. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The restaurant must be maintained as a bona fide eating establishment. An eating establishment as defined by the Alcoholic Beverage Control Board and the Planning Commission must include the following items: a. One conventional range/oven b. An automatic dishwasher c. A double sink d. A 25 cubic foot refrigerator e. A four-foot by six-foot food preparation area 4. The alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. B. Police Department 1. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. These records are to be kept no less frequently than on a quarterly basis and shall be made available to the City, if requested. 2. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. Exhibit A Page 1 of 4 Resolution No. 2011-13 Page 7 of 20 31A-23 3. 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. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 4. It shall be the applicant(s) responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant(s). 5. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 6. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 7. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 8. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. 9. Ambient noise/music shall not be audible beyond 20 feet from the exterior of the premises in any direction. 10. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 11:00 a.m. and 2:00 a.m. 11. This land use authorization is only for a Type 47 on-sale general, public eating-place, any other license use at this location will require a new land use clearance. 12. 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 SAMC section 12-1 and 12-2. 13. The premises shall not be operated as an adult entertainment business as such term is defined in Santa Ana Municipal Code section 41-1701.6. 14. This Conditional Use Permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. This review shall include, at a minimum an analysis to ensure the quarterly gross sales of alcoholic beverages does Exhibit A Page 2 of 4 Resolution No. 2011-13 Page 8 of 20 31A-24 not exceed the gross sales of food during the same period Adopted by the Planning Commission on July 11, 2011 15. Existing restaurant and required parking within 60 feet 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. 16. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, Police Department Condition No. 15 must be complied with. 17. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 18. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 19. Window displays and racks must be kept to a maximum height of three feet including merchandise. 20. A timed-access cash controller or drop safe must be installed. 21. Install a silent armed robbery alarm 22. At all times, that dancing and/or entertainment is being conducted, the applicant shall employ a minimum of one uniformed, licensed security guard for every 100 persons in attendance per event, for keeping the peace. Mandated security officers will be required to use a radio frequency and communication equipment that is specified by the Police Department. Guards will be required to provide escort service to patrons of the establishment if requested. Mandated security guards will be required to participate in mutual aid activities with the Police Department and other guard companies in the downtown area, participate in mutual aid communications and information sharing meetings. 23. An incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate date, time, description of incident, and action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, Exhibit A Page 3 of 4 Resolution No. 2011-13 Page 9 of 20 31A-25 harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. 24. The Police Department will require State licensed security guards to perform crowd control inside and outside of the establishment, based upon the type of activities anticipated at the location or based upon prior history of activity at this establishment or other similar businesses. 25. Security personnel required by the conditional use permit issued for the licensed premises shall be in a uniform or clothing which is readily identifiable as a security person. They shall maintain order and enforce the establishment's no loitering policy, and shall take "reasonable steps" (as that term is defined in subparagraph (3) of Section 24200 of the California Business and Professions Code) to correct objectionable conditions that constitute a nuisance. 26. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual addressing at a minimum the following items: Handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting or arguing; handling loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s); verifying age/checking identification of patrons; warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity. 27. Applicant must at all times comply with the provisions of SAMC 41-199.1, including subsection (c) which requires that State licensed security guards be present at all times that the premises is being used as a banquet facility. 28. The facility must at all times operate in compliance with the provisions of the Santa Ana Municipal code (SAMC) This will include the prohibition of a cover charge to enter the facility, a night club use and public dancing except as allowed pursuant to Chapter 11 of SAMC. Adopted by the Planning Commission on July 11, 2011 Exhibit A Page 4 of 4 Resolution No. 2011-13 Page 10 of 20 31A-26 Conditions for Approval of Conditional Use Permit No 2011-15 Conditional Use Permit No. 2011-15 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 California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior 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 All proposed site improvements must conform to the Site Plan Review approval of DP No. 2007-61. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The restaurant must be maintained as a bona fide eating establishment. An eating establishment as defined by the Alcoholic Beverage Control Board and the Planning Commission must include the following items: a. One conventional range/oven b. An automatic dishwasher c. A double sink d. A 25 cubic foot refrigerator e. A four-foot by six-foot food preparation area 4. The alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. B. Police Department The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. These records are to be kept no less frequently than on a quarterly basis and shall be made available to the City, if requested. 2. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. Exhibit B Page 1 of 5 Resolution No. 2011-13 Page 11 of 20 31A-27 3. 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. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 4. It shall be the applicant(s) responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant(s). 5. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 6. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 7. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 8. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. 9. Ambient noise/music shall not be audible beyond 20 feet from the exterior of the premises in any direction. 10. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 11:00 a.m. and 2:00 a.m. 11. This land use authorization is only for a Type 47 on-sale general, public eating-place, any other license use at this location will require a new land use clearance. 12. 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 SAMC section 12-1 and 12-2. 13. The premises shall not be operated as an adult entertainment business as such term is defined in Santa Ana Municipal Code section 41-1701.6. Exhibit B Page 2 of 5 Resolution No. 2011-13 Page 12 of 20 31A-28 14. This Conditional Use Permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. The review shall include, at a minimum an analysis to ensure the quarterly gross sales of alcoholic beverages does not exceed the gross sales of food during the same period Adopted by the Planning Commission on July 11, 2011. 15. Existing restaurant and required parking within 60 feet 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. 16. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, Police Department Condition No. 15 must be complied with. 17. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 18. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 19. Window displays and racks must be kept to a maximum height of three feet including merchandise. 20. A timed-access cash controller or drop safe must be installed. 21. Install a silent armed robbery alarm 22. At all times, that dancing and/or entertainment is being conducted, the applicant shall employ a minimum of one uniformed, licensed security guard for every 100 persons in attendance per event, for keeping the peace. Mandated security officers will be required to use a radio frequency and communication equipment that is specified by the Police Department. Guards will be required to provide escort service to patrons of the establishment if requested. Mandated security guards will be required to participate in mutual aid activities with the Police Department and other guard companies in the downtown area, participate in mutual aid communications and information sharing meetings. Exhibit B Page 3 of 5 Resolution No. 2011-13 Page 13 of 20 31A-29 23. An incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate date, time, description of incident, and action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. 24. The Police Department will require State licensed security guards to perform crowd control inside and outside of the establishment, based upon the type of activities anticipated at the location or based upon prior history of activity at this establishment or other similar businesses. 25. Security personnel required by the conditional use permit issued for the licensed premises shall be in a uniform or clothing which is readily identifiable as a security person. They shall maintain order and enforce the establishment's no loitering policy, and shall take "reasonable steps" (as that term is defined in subparagraph (3) of Section 24200 of the California Business and Professions Code) to correct objectionable conditions that constitute a nuisance. 26. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual addressing at a minimum the following items: Handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting or arguing; handling loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s); verifying age/checking identification of patrons; warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity. 27. Applicant must at all times comply with the provisions of SAMC 41-199.1, including subsection (c) which requires that State licensed security guards be present at all times that the premises is being used as a banquet facility. Exhibit B Page 4 of 5 Resolution No. 2011-13 Page 14 of 20 31A-30 28 . The facility must at all times operate in compliance with the provisions of the Santa Ana Municipal Code (SAMC) This will include the prohibition of a cover charge to enter the facility, a night club use and public dancing, except as allowed pursuant to Chapter 11 of the SAMC Adopted by the Planning Commission on July 11, 2091 Exhibit B Page 5 of 5 Resolution No. 2011-13 Page 15 of 20 31A-31 31A-32 Conditions for Approval of Conditional Use Permit No 2011-16 Conditional Use Permit No. 2011-16 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 California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2007-61. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The restaurant must be maintained as a bona fide eating establishment. An eating establishment as defined by the Alcoholic Beverage Control Board and the Planning Commission must include the following items: a. One conventional range/oven b. An automatic dishwasher c. A double sink d. A 25 cubic foot refrigerator e. A four-foot by six-foot food preparation area 4. The alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. B. Police Department The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. These records are to be kept no less frequently than on a quarterly basis and shall be made available to the City, if requested. 2. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. Exhibit C Pagel of 5 Resolution No. 2011-13 Page 16 of 20 31A-33 3. 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. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 4. It shall be the applicant(s) responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant(s). 5. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 6. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 7. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 8. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. 9. Ambient noise/music shall not be audible beyond 20 feet from the exterior of the premises in any direction. 10. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 11:00 a.m. and 2:00 a.m. 11. This land use authorization is only for a Type 47 on-sale general, public eating-place, any other license use at this location will require a new land use clearance. 12. 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 SAMC section 12-1 and 12-2. 13. The premises shall not be operated as an adult entertainment business as such term is defined in Santa Ana Municipal Code section 41-1701.6. Exhibit C Page 2 of 5 Resolution No. 2011-13 Page 17 of 20 31A-34 14. This Conditional Use Permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. This review shall include, at a minimum an analysis to ensure the quarterly gross sales of alcoholic beverages does not exceed the gross sales of food during the same period. Adopted by the Planning Commission on July 11, 2011 15. Existing restaurant and required parking within 60 feet 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. 16. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, Police Department Condition No. 15 must be complied with. 17. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 18. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 19. Window displays and racks must be kept to a maximum height of three feet including merchandise. 20. A timed-access cash controller or drop safe must be installed. 21. Install a silent armed robbery alarm 22. At all times, that dancing and/or entertainment is being conducted, the applicant shall employ a minimum of one uniformed, licensed security guard for every 100 persons in attendance per event, for keeping the peace. Mandated security officers will be required to use a radio frequency and communication equipment that is specified by the Police Department. Guards will be required to provide escort service to patrons of the establishment if requested. Mandated security guards will be required to participate in mutual aid activities with the Police Department and other guard companies in the downtown area, participate in mutual aid communications and information sharing meetings. Exhibit C Page 3 of 5 Resolution No. 2011-13 Page 18 of 20 31A-35 23. An incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate date, time, description of incident, and action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. 24. The Police Department will require State licensed security guards to perform crowd control inside and outside of the establishment, based upon the type of activities anticipated at the location or based upon prior history of activity at this establishment or other similar businesses. 25. Security personnel required by the conditional use permit issued for the licensed premises shall be in a uniform or clothing which is readily identifiable as a security person. They shall maintain order and enforce the establishment's no loitering policy, and shall take "reasonable steps" (as that term is defined in subparagraph (3) of Section 24200 of the California Business and Professions Code) to correct objectionable conditions that constitute a nuisance. 26. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual addressing at a minimum the following items: Handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting or arguing; handling loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s); verifying age/checking identification of patrons; warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity. 27. Applicant must at all times comply with the provisions of SAMC 41-199.1, including subsection (c) which requires that State licensed security guards be present at all times that the premises is being used as a banquet facility. Exhibit C Page 4 of 5 Resolution No. 2011-13 Page 19 of 20 31A-36 28. The facility must at all times operate in compliance with the provisions of the Santa Ana Municipal Code (SAMC) This will include the prohibition of a cover charge to enter the facility, a night club use and public dancing except as allowed pursuant to Chapter 11 of the SAMC. Adopted by the Planning Commission on July 11, 2011 Exhibit C Page 5 of 5 Resolution No. 2011-13 Page 20 of 20 31A-37 31A-38