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HomeMy WebLinkAbout31B - CUP - VELVET LOUNGE - 416 W FOURTH STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 1, 2011 TITLE: MODIFICATIONS TO CONDITIONAL USE PERMIT NO. 1996-30 FOR THE VELVET LOUNGE LOCATED AT 416 WEST FOURTH STREET - JASON KORDAS, APPLICANT k. I I? \t CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving modifications to Conditional Use Permit No. 1996-30 as conditioned. CITY COUNCIL ACTION On June 20, 2011 the City Council referred the item to the Public Safety Council Committee for review. PUBLIC SAFETY COMMITTEE REVIEW The Public Safety Committee discussed the project at its meeting on July 26, 2011. A few residents and others have questioned whether this review was appropriate. It is important to note that the entire City Council voted to ask the Public Safety Committee to review the matter. It is apparent that a number of council members had questions and/or concerns. Staff notes that the City first learned about this project after a public safety incident where the police were called to address a fight and public drinking. The City has followed the municipal code in handling this project. The Public Safety Committee, a sub-committee of the City Council itself, was able to devote sufficient time for review. The committee now returns the matter to the City Council for action, as is provided in the municipal code. The Public Safety Committee review was thorough, and can be summarized as follows: • Concern expressed with number of people allowed in the basement area and whether this was safe. 31 B-1 Modification to CUP No. 1996-30 August 1, 2011 Page 2 • Asked the Fire Marshal to inspect the basement prior to the City Council meeting and to report her findings: o Staff Follow-up Response: The Fire Marshal conducted an inspection as requested by the Public Safety Committee. The maximum occupancy for the basement area will be limited to 49 if people stand, or to 45 if people are seated. She further notes that the fire protection systems are up to date and meet all code requirements. The kitchen fire protection system is also up to date and meets code requirements. A "I-hour" fire protection door will be necessary to separate the basement from the exit way. This fire protection door does not require any City Council action as it is an explicit requirement under the State's fire and building codes; it only requires a ministerial building permit. The Fire Department will not allow occupancy of the basement space until a compliant door is installed. • Asked for clarification about the type of entertainment proposed. The applicant responded that the entertainment would include live performance, a DJ, musicians, impersonations, and potentially a cabaret act involving people dressed in drag. • Recognized that the Planning Commission had already added a condition to limit access after 10 pm to those 18 and over. • Discussed handouts distributed by staff that compare the operation of other similar downtown establishments, including their conditions, processing timeframes, and an outline of their Conditional Use Permits. o Staff Follow-up Response: These handouts are attached to this report as Exhibit A, Exhibit 8 and Exhibit C. • Discussed the definition of adult entertainment under the Santa Ana Municipal Code as contained in another handout distributed by staff. Staff further explained that its follow up review had confirmed that the business does not constitute adult entertainment. However, the Police Department explained why this was even questioned: photos of the business and its patrons and/or employees that were found on social media sites in March 2010 showed people in various stages of undress. These photos led staff to examine the business carefully. As previously noted, staff ultimately concluded that the business does not constitute adult entertainment. 31 B-2 Modification to CUP No. 1996-30 August 1, 2011 Page 3 o Staff Follow-up Response: Exhibit D, which outlines the regulations pertaining to adult entertainment, is attached to this report. • Applicant acknowledged its understanding of what would constitute adult entertainment. They also committed to abide by the law and not cross the line into adult entertainment. • Discussed the public notice that had been provided. Asked that staff make best efforts, prior to the City Council meeting, to reach out to the actual tenants in the senior towers and other nearby residential complexes. o Staff Follow-up Response: Staff organized a community meeting that was held on Friday, July 29, at the Santa Ana Senior Center. Flyers were distributed as broadly as possible to all the nearby residential complexes. The Downtown Neighborhood Association helped to coordinate the meeting and get the word out. Staff and the neighborhood association were joined at the meeting by the applicant, who provided an overview of the proposed Velvet Lounge. Questions and answers followed, and attendees were advised about the August 1St City Council meeting. • Asked whether entertainment would be offered within the outdoor patio. Staff and the applicant clarified that entertainment would not be allowed outside of the enclosed building. • Discussed potential noise problems related to the outdoor patio. Conditions of approval in the existing Conditional Use Permit require the patio to be closed at 1:00 a.m. Asked staff to look at this issue further and advise the City Council with any recommendations. o Staff Follow-up Response. Outdoor dining areas are a great amenity and they should be encouraged. However, staff generally believes that outdoor patios operating past a reasonable hour (e.g., 11:00 p.m., 12:00 a.m.) can present noise impacts to nearby residents, and therefore the operating hours of these patios should be restricted. Ideally, these patios would close at an appropriate hour even while the heart of the business continues to operate indoors. But ideal circumstances are rare. The existing CUP for this property allows the patio to remain open until 1 a.m. Further, the other comparison businesses (see Exhibit A) with outdoor dining areas are also allowed to remain open until 1:00 a.m. Changing the outdoor dining hours for this property, though perhaps ideal, would be 31 B-3 Modification to CUP No. 1996-30 August 1, 2011 Page 4 inconsistent with what the City has approved for other businesses in a similar situation. For these reasons, staff recommends that the 1:00 a.m. operating hours for this outdoor patio be left as is. If noise impacts from these businesses become problematic in the future, staff believes the City should then initiate efforts to change the hours consistently for all businesses. Staff notes that changing provisions of CUPs retroactively can be challenging in that these provisions (i.e., the current patio hours) constitute a property right that runs with each CUP. But staff is confident that the City still has adequate tools to affect this change if and when warranted. Finally, a public hearing would be required should the City Council instead prefer to change the outdoor patio hours for this individual business. • Discussed the use of the basement and possible restriction allowing only dining and/or drinks, but with no entertainment. Applicant and PD noted that some servers would be dressed in drag and are, therefore, part of the entertainment. Such a condition would be difficult to abide by, they explained. The Public Safety Committee indicated that this issue may be addressed by the City Council. o Staff Follow-up Response: A public hearing would be required should the City Council wish to add or change this or any other condition of approval. • Discussed electronic identification scanner systems, such as those used at Proof. Also discussed ensuring that patrons younger than 18 needing to exit the establishment by 10:00 P.M. PLANNING COMMISSION ACTION On May 23, 2011, the Planning Commission adopted a resolution approving Conditional Use Permit No. 1996-30 as conditioned by a vote of 7:0 to allow expansion into the basement level and allowing entertainment seven days a week between the hours of 7:00 a.m. to 2:00 a.m. for the Velvet Lounge located at 416 West Fourth Street in the Specific Development No. 84/Transit Zoning Code-Downtown (SD84/Transit Zoning Code-Downtown) zoning district. The Planning Commission added a condition limiting entrance into the establishment after 10:00 p.m. to those persons 18 years of age and older, as outlined in the attached staff report (Exhibit E). 31 B-4 Modification to CUP No. 1996-30 August 1, 2011 Page 5 FISCAL IMPACT There is no fiscal impact associated with this action. ay . Trevi Executive Director Planning & Building Agency SK:rb skUeportslcup9630 mod.Velvet Lounge 8.01.11.cc Exhibit: A. Summary of Downtown Restaurants and Bar B. Current or Latest Requests C. Process Summary D. Adult Entertainment Regulations Excerpt E. Planning Commission Staff Report 31 B-5 31 B-6 .. ?zs a°JO x x LL -71 x x L R- 0's; R. X i 7 . V V1 ?,. CO - n O E' x x }' x x 0 x m R N C G7 pp-1 * x x x x x x x x x x c x 0 L d c 0 x x x x t V p X X X `. `' p L X X V a ' CL E x x x x to x o L o roR x x x x x a R C E X X X R Y'. ?'Y a+ ? Q N,.._L x X x x x E x x ^ LLV V?p 0 E a m R O LL n ei R I i'?j co C (U 9) v? E CJ'. to E m x X (0 m E X N X X X X > J Y > Y v°)i 3 ? - S? E Y E 0 c 'u N ci C E CL C E E ° 7 c R - R -- Un 0 R O 0 a? _r_ CL 37 3 Y Y c E - O O E in C R of C R U C 7 y C O 3 R C..., _ N Y c v u .U O X O c > v C C o c ^ O ^ O c a O io 3 m cv Z; R E E to m E to c w v u C o c m Ln ?D R ar O U N C: N CL CL (v _r_ 31 r0 O N O 7 O 7 7 O O O -0 O _0 Y E u ;L - } v O O u cu a R R p ab :2 L n a a m a a a a o o D 0 u a a m a L co m H L 3 R cc C 3 0 0 0 W 0 /L E N j I tS- r rv v A a E c v n C a 0 31 B-8 Current or Latest Request Proof Amendment to existing CUP: 1. Allowing cover charge 2. Serving draft beer 3. Allowing bottle service L 4. Expansion into the basement level 5. Hours 11 am -2 am Crosby Amendment to existing CUP: 1. Upgrade ABC license to Type 47 Yost Original CUP: 1. Type 47 ABC license 2. Open until 2 am Chapter One Original CUP: 1. Type 47 ABC 2. Open until 2 am Velvet Lounge Amendment to existing CUP: 1. Entertainment 7 days a week 2. Extend entertainment hours until 2 am 3. Expand restaurant into basement Jason's (Formerly Amendment to existing CUP: Boardwalk) 1. Extend alcohol sales until 2 am 2. Allow dancing 3. Allow up to six musicians 4. Allow the use of basement for alcohol storage Karmina Original CUP: 1. Type 47 ABC 2. Open until 2 am EXHIBIT B 31 B-9 31 B-10 C 0 'C C N O v v+-i of 41 C O CU a O O .?-I • E V) o-0 v 7 C ?, *' E o -a v N t O a a VI m ?.. N ? 7 .L C a v E 6 O E C Q v E cr v E Q rTa Z Z C C ca f° O C O O r-I N `i O 0 r4 \ O O N O 7 N C N , -6 v Z r. >Z } V v r... C C ?.. N 7 V U` V p o CA 3 to .2 ba rA .I C p p 0 0 1-1 1-1 _ i C m O O rlj O N O N O N O !0 E v V Q) C 40 a > a_ a Q) g 75 V) 0 t0 to rn Oo p } v C C u O O `i O 'i O t C F. . *- O O N Q N O N NO a N N W j O -O ? N OD Q Z 7 Z C a CL) .' Q LL. O V) O a c o o ° ° r-q r-I o 0 C O O O O O N '« .. 00 N N N N N i Y. ? fj C ? Ci0 UO 'i V o a LL- " a a a O O O O O O O N I O G! a: N r14 N s N W I? N v LA- - a LL O O W O O 01 O O p O O 0 N N C) r4 O fN r4 r14 -C L > a T 0 Z -5 CL v V) p 0 Z_ Q? m m m v N m O V 0)'c a ` ;o ? vi J q E $ p?p o a c > ' U H m 2 W 31 B-11 31 B-12 Adult Entertainment Regulations • SAMC Sec. 41-1701.6. defines adult entertainment businesses. • Adult cabaret. The term "adult cabaret" as used in the SAMC, 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. Permitted zones and locations for adult entertainment businesses. o No adult entertainment business may be located within the city, except in one (1) of the following zoning districts: C2, C3, C4, CR, M1 and M2. o No adult entertainment business may be located within the city unless it meets the following distance criteria: ¦ The proposed adult entertainment business is more than one thousand (1,000) [feet from] any other existing adult entertainment business. ¦ The proposed adult entertainment business is more than one thousand (1,000) feet from any existing public premises as defined in the Business and Professions Code selling liquor or beer for consumption on the premises as its primary business. ¦ The proposed adult entertainment business is more than one thousand (1,000) feet from any existing public dance halls as defined in section 11-1. ¦ The proposed adult entertainment business is more than one thousand (1,000) feet from any existing massage establishment as defined in section 22-1. ¦ The proposed adult entertainment business is more than one thousand (1,000) feet from any existing peep show establishment as defined in section 12-22. ¦ The proposed adult entertainment business is more than one thousand (1,000) feet from any existing residential zone, park, day care, child care facility, religious institution or school. ¦ The proposed adult entertainment business is more than one hundred twenty-five (125) feet from the right-of-way line of any freeway or street designated as an arterial in the current circulation element of the general plan. This distance shall be measured along a straight line from the right of way line, as shown on the city's official map, to the parcel line of the proposed adult entertainment business, without regard to intervening structures. EXHIBIT D 31 B-13 31 B-14 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 23, 2011 TITLE: PUBLIC HEARING - MODIFICATIONS TO CONDITIONAL USE PERMIT NO. 1996-30 FOR THE VELVET LOUNGE LOCATED AT 416 WEST FOURTH STREET, JASON KORDAS, APPLICANT Prepared by Sergio Klotz - ?9? - 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 Mana r Adopt a resolution approving modifications to Conditional Use Permit No. 1996-30 allowing expansion into the basement level and entertainment seven days a week between the hours of 7:00 a.m. to 2:00 a.m. as conditioned. Request of Applicant Jason Kordas, the applicant for the Velvet Lounge, is requesting approval of two modifications to the conditions of approval for Conditional Use Permit No. 1996-30, which allowed for a Type 47 ABC license. Specifically, the applicant is requesting to allow for entertainment to be offered seven days per week instead of being limited to Friday and Saturday as currently conditioned, and to allow for the entertainment hours to extend until 2:00 a.m. instead of 10:00 p.m. as currently conditioned. The applicant is also requesting to expand the restaurant operations into a basement area of the restaurant that was originally planned as a wine cellar/dining area. Proiect Location and Site Description The Velvet Lounge will occupy the space of the former Jason's restaurant on the first floor of an existing two-story, multi-tenant building located on the south side of West Fourth Street, between Birch and Ross Streets. The site contains an 8,356 square foot building that was constructed in approximately 1922. The first floor consists of an existing restaurant space, second floor with professional offices and storage within the basement level. In addition, the applicant will be utilizing an existing 830 square foot outdoor patio located along the front entrance facing Fourth Street. The site has no on-site parking, but utilizes the public parking garage at Third and Birch Streets. The site is surrounded by commercial and office uses to the east and west; the Ronald Reagan Federal Courthouse to the north; and a parking structure, surface parking lot and Birch Park to the south (Exhibits 1 and 2). EXHIBIT E 31 B-15 Modification to CUP No. 96-30 May 23, 2011 Page 2 Project Description The Velvet Lounge is an independently operated restaurant and lounge that offers dining and entertainment to its patrons. The operation will offer dining until approximately 9:00 p.m. and then shift to a club/entertainment venue with a more limited menu, as well as entertainment and dancing. Entertainment will include DJ, karaoke, live band, cabaret theatrical performances and vocal impersonator reviews. Dancing anticipated will include public dancing along with employed dancers located throughout the establishment. Any dancing component of the business would be required to comply with Chapter 11 - Dancing of the SAMC. The requested modifications to the existing CUP would allow the applicant to offer entertainment seven days per week, instead of the permitted two (Friday and Saturday), extend the hours of entertainment until 2:00 a.m. to coincide with their hours of operation and expand the restaurant into a basement area of the restaurant. The storage area for the alcoholic beverages will be located on the first floor. A total of 67 square feet will be utilized for alcohol storage as dry, cold and display areas. The overall storage of alcoholic beverage consists of approximately 1.1 percent of the floor area and is less than five percent of the gross floor area of the restaurant as required by the City's policies for gross floor area dedicated to alcohol storage (Exhibit 3). Project Background The building located at 416 East Fourth Street began its life as the home of an Army Supply Store in 1922. Over the years it housed the West Fourth Street Furniture Exchange, the Cotton King & Queen Variety Goods Store, a custom framing store, auction house, and second-hand store before it was almost completely reconstructed in the early 1980's and the lower floor was improved as a restaurant. Since that time it has housed a number of eating establishments, as well as a variety of office tenants on the upper floors. In 1996, the Boardwalk Restaurant was granted a conditional use permit (CUP No. 1996-30) allowing alcohol service within an existing eating establishment. In 2005, the Boardwalk Restaurant was granted an amendment to the conditional use permit changing some conditions of approval allowing for operations until 2:00 am on Fridays and Saturdays; dancing; up to six musicians with amplified instruments; and a wine cellar within the basement. The limitation in hours was approved at the request of the applicant due to the fact that their business model did not include a large entertainment component. Conditions were imposed to ensure that the eating establishment would operate in concert with the surrounding uses. The conditions that were imposed were intended to mitigate potential impacts created by the use and help to ensure the use would not negatively affect the surrounding community. 31 B-16 Modification to CUP No. 96-30 May 23, 2011 Page 3 These conditions have been applied to all eating establishments requesting alcohol sales. More specifically, all of the establishments within the downtown area have received similar conditions allowing alcohol sales, entertainment, and late night hours of operation. Similar establishments include Bistro 400, Memphis, Gypsy Den, Lola Gaspar, Chapter One, and The Crosby. Some, like Conditional Use Permit No. 1996-30, have conditions limiting their operation merely due to the request submitted with that particular application (Exhibit 4). In 2006 Jason Kordas assumed the lease of the restaurant space and opened Jason's, a full-service restaurant and catering business. In recent years Mr. Kordas has focused more on the catering side of his business using the existing kitchen and dining space, and the public aspect of the restaurant was closed. Mr. Kordas will continue to oversee and run the dining portion of the Velvet Lounge operation. General Plan and Zonina Consistenc 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 City's 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 project is further located within the Downtown district. The Downtown 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. 31 B-17 Modification to CUP No. 96-30 May 23, 2011 Page 4 • 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 permit amendments. 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 amendment request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed alcohol beverage license will continue to 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. • The proposed amendments to the on-sale consumption of beer, wine and distilled spirits at this location 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. • 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. It is anticipated that the addition of a restaurant to the downtown area with evening entertainment will provide an additional dining and entertainment option for patrons. 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 continues to contain the kitchen equipment necessary to be considered a bona fide restaurant use and maintain 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. • 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. 31 B-18 Modification to CUP No. 96-30 May 23, 2011 Page 5 Police Department Analvsis 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 overconcentration 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. Since the City's overconcentration 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. 165, which ranks 5th out of 102 citywide districts in total number of police-related incidents. In terms of land uses, there is a public park and senior residential tower located within 500 feet of this proposed use. Loud music or noise may impact those residents. Based on the above average crime rate, the Police Department recommends approval of the CUP amendment 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. Public Notification The project site is located within the boundaries of the Downtown Association. The president of the Association was notified by mail 10 days prior to this public hearing. In addition, separate meetings with Tish Leon, neighborhood representative for the residential project immediately south of the project site, as well as Latino Health Access, who recently took ownership of the building immediately to the west of the subject property, were held 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 representative, nor was there a request that the applicant present the project to a meeting of their members. Latino Health Access was concerned with adequate security due to some of the evenings programs conducted. 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. 31 B-19 Modification to CUP No. 96-30 May 23, 2011 Page 6 CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption applies to alterations to an existing operation or facility with negligible expansion. Categorical Exemption Environmental Review No. 2011-44 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve the modifications to Conditional Use Permit No. 1996-30 as conditioned. Sergio Klotz, AICP Principal Planner SK:jm WreportMcup96-30 mod.Velvet Lounge.5.23.11.pc Attachments: Exhibit 1 -Vicinity Map Exhibit 2 - Land Use Map Exhibit 3 - Floor Plan Exhibit 4 - Matrix 31 B-20 z-s.lo SEVENTEENTH ST. sla slo J I I I L? L?J lr 1 LJ 1 1 ?J I I ?J I 1 1 ILJ L6.}9 t la SP 1 01 9 Cl Cl Cl Cl Ct CS CS r IISH "a 1- 1 SP-3 ?• I - r I SP-3 SP-3 _ RI RI Rl ,. Rl R3- R3- R3- a., Rl??? AZ NDII NDN HDI R3- R3- 7 Rl MDI HDI ro; SP L 3 N RI ? :I. CI~if ? R3- R2 0 R2 R1 RI R1 R1 R3- R3- R1 R2 HD II NDI O R3- 1 s3 j SP-3 SP-3 r HD 1 IIL I w R? ? ? I SP C `•j P7 I R2 R2 R2 A3 P P R2 .3 ins r. u. .s Rl Rl Rl RI AI Rz R2 P R2 SP3 SD- [ ?I R2 P 75 SP-3 r R2 R2 j SP M H R2 R2 L 1 _l RI J R7 SP -3 Rl RI A2 p R1 R1 R7 P P P 1 m ca P P P 11•3 5P_3 nlP3 ] P is z.SD-20 sozD 111-20 ?P _LLJ crac crNSw DA P `° g i R1 8 GC sv-1 1 AlHEI • 1 ? GC :A 1 s. XGC =. LL • / sPl Pl ¦ GC J OS t; 1 SP-i R2 P © so-ss P p DT m] «r p 1 p so-ss SD-SS SP- R2 p p p Eas„ OS J I 1 SD-13 SD- sv-1 P p so-so I SD-1 e II-s-,oI a n _ t --- ^ ?S 14}101 fT-1 FIRST oCT ST. -- IYSto G? m - uc DT MH C DT Or sIH ST 7 DT C DT C DT DT UC I1C Dr • tr ?? 135-10 1'g39 Al GENBOLAGRCl1MMLt CR 0CMM8U&FE9DDML RI 9NMEFAMILYR®D90AL -B RkWiGM001F1CATICN OC G0M3MBJTC8JTE2 R2 7WFAMILYFE9DBJCE C9N OCMMUMLSOMMAIN M7 UGFRINDUSTRAL FU MULMR.EDBJ9TYMULTIFiE CI 00MMUNTTY0CMMEfU& M2 HEAWINDUSTRAL FAMILYFffiDBJCE CI-MD DOW0:)MMHnAUMUSBIMDISTRC MO MIl11AWOPH24T10NS R7 9J8J13MAPARTMBJIS C2 G9*34kLCOMM6nAL 0 OPM SIAM FE FESDeMALWRTE C3 CBJTRALOUSNE S P MCFE990NAL SD 51$1RCDEV30F#ABJr C&A CBJTF AUSNE1SART1SMAGE POD RAN ED 00MMLAITYWARLFMEW 81 SIEURC PLAN GI RAN EDSiORJNGC@1T62 PF;0 RANNI)F SDE DENTAL DeALUMENT C5 ARTEIALOOMMHGAL CUP 1996-30 MODIFICATION VELVET LOUNGE RESTAURANT 416 WEST FOURTH STREET - ^ =500 FEET 1" =1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP EXHIBIT 1 31B-21 5TH STREET H- w w v w a r Ln v) z W d O 4TH STREET r- J W C M RCIA w CO M RCIAL z O Ln COMMERCIAL `" W u- 0 PUBLIC PARKING a N GARAGE ccl O co CUP 1996-30 MODIFICATION VELVET LOUNGE RESTAURANT I? 416 WEST FOURTH STREET ?f P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 B-22 `Q C7 N WEST 4TH STREET c}+ L 4 N N EXHIBIT 3 Page 1 of 4 31 B-23 w f- cn v 3 N r + ¢ J Z LOLZ6 t?O ``dNb' b'1N`dS '1S Hlti 1S3M 9Lb ?k?RS 4 g I Z; T S O JNA0-1 jmwimA 3 n W A ii R W RUN i SR ` •b-`- iii ? ?:=i "{_ ?" ??__t" I ?? 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I ?OF ?C I I ""-g I 1 L I Page 4 of 4 ax?l? axon, c R Iz hd a a?n w P8 3 xxxx a>I$a HER a a d' O z L Lli Q fO 31 B-26 ; ? a W h X ?ti ?` e ° Dp? 1 .? x x x C x x r b ? x A x ^ ? U O cl 0{y CC 'C O0 0 a 3 3 b p o o !Z .? 3 3 C 'r N U ' 0 U y O O Fi O p L?, Q CA ui . ,.y co U + + 3 o 3 o 3 _o 3 o 3 O o o b > ¢ 3 o 3 _o _ v ? d d 10 b a? CY b O O A 0 EXHIBIT 4 31 B-27 9 Q' 0 31 B-28 ROH - 05/23/11 RESOLUTION NO. 2011-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA MODIFYING CONDITIONAL USE PERMIT NO. 1996-30 AS CONDITIONED FOR THE PROPERTY LOCATED AT 416 WEST FOURTH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of modification to Conditional Use Permit No. 1996-30 to allow expansion into the basement level and entertainment seven days a week between the hours of 7:00 a.m. to 2:00 a.m. as conditioned, for the Velvet Lounge located at 416 West Fourth Street. B. In 1996, the Planning Commission of the City of Santa Ana approved Conditional Use Permit No. 1996-30 as conditioned allowing alcohol service within an existing eating establishment. C. Santa Ana Municipal Code Section 41-196 and 41-638 authorizes the Planning Commission to modify a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed conditional use permit modifications will continue to 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 continuing to provide 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 amendments to the existing conditional use permit 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 Resolution No. 2011-10 Page 1 of 9 31 B-29 beverage control license that will mitigate any potential negative or adverse impacts created by the 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 to be considered a bona fide restaurant use and continues to be 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. D. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption applies to alterations to an existing operation or facility with negligible expansion. Categorical Exemption Environmental Review No. 2011-44 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves the modifications to Conditional Use Permit No. 1996-30 as conditioned in Exhibit A 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 Planning Commission Action dated May 23, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2011-10 Page 2 of 9 31 B-30 ADOPTED this 23rd day of May, 2011, by the following vote: AYES: Commissioners Acosta, Alderete, Gartner, Mill, Nalle, Yrarrazaval (7) None (0) None (0) None (0) Turner, NOES: Commissioners ABSENT: Commissioners ABSTENTIONS: Commissioners Eric Alderete Chairman APPROVED AS TO FORM: Joseph A. Straka, City Attorney Bv: 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. 2011-10 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 23, 2011 . Date: Secretary of the Planning Commission City of Santa Ana 31B-31 Resolution No. 2011-10 Page 3 of 9 Modified Conditions of Approval for Conditional Use Permit No. 1996-30 Should modification to Conditional Use Permit No. 1996-30 be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards 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 prior 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. (Added language underlined, deleted language in strikeout.) A. Planning Division 1. All proposed site improvements shall conform with Site Plan Review approval of DP 96-22 and DP 10-30. (Modified by the Planning Commission May 23, 2011) 2. The restaurant shall remain a bona fide eating establishment as defined by the Alcoholic Beverage Control Board and by the standards established by the Planning Commission. These guidelines state that restaurant establishments include the following: a. One conventional range/oven. b. A double sink. C. A 25 cubic foot refrigerator. d. A four-foot by six-foot food preparation area. e. An automatic dishwasher. 3. The interior lighting shall be in accordance with the Alcoholic Beverage Control regulations. 4. There shall be no gaming devices, such as pool tables, pinball machines, motion picture booths, etc. 5. There shall be no conduct or entertainment allowed on the premises as prohibited by Chapter 12 of the Santa Ana Municipal Code (S.A.M.C.). 6. The trash enclosure area must be cleaned and kept in clean conditions at all times. 7. There shall be no parking on the Fire Department fire lanes or any other prohibited areas. Resolution No. 2011-10 Page 4 of 9 31 B-32 MAY 23, 2011 PAGE 2OF6 8. There shall be no sales or consumption of alcohol on outdoor areas until a street encroachment permit has been issued and the activity conforms to the City's design standard. 9. The outdoor area(s) shall cease to operate or allow customers into such area(s) from 1:00 a.m. until 7:00 a.m. Monday through Sunday. B. Police Department The existing restaurant and exterior lighting must conform with 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. 2. Prior to the issuance of Letter of Approval to the Alcohol Beverage Control Board, all conditions must be complied with. 3. The applicant shall be responsible for maintaining the premises free of litter and graffiti, including the area adjacent to the premises over which he has control. All graffiti shall be removed within 24 hours of occurrence. 4. The sales, service, and consumption of alcoholic beverages shall be permitted only in conjunction with food service between the hours of 7-9:00 a.m. and 2:00 a.m. (Modified by the Planning Commission May 23, 2011) 5. Live entertainment provided shall be limited to a maximum of six musicians with amplified instruments located in the restaurant interior only. 6. Live entertainment is allowed seven days a week GRly eR Fridays aRd Saturdays between the hours of 79:00 a.m. to 4.2:00 a.m. and at no other time. (Modified by the Planning Commission May 23, 2011) 7. The subject alcoholic beverage license shall not be exchanged for a public premises type of license nor operated as a public premises. 8. 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. 31 B-33 MAY 23, 2011 PAGE 3 OF 6 9. There shall be no coin-operated games, of pool tables, amusement machines or video games maintained on the premises at any time. (Modified by the Planning Commission May 23, 2011) 10. 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. (Added by the Planning Commission May 23, 2011) 11. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee with the exception of the outdoor dining area once that area conforms to the proposed design standards for outdoor dining areas. 12. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. (Modified by the Planning Commission May 23, 2011) 13. There shall be no A-14 public telephones shall be located on the exterior der of the licensed premises. Interior pay phones must be designed to allow outgoing calls only. (Modified by the Planning Commission May 23, 2011) 14. At all times when the premises is open for business, the sale and service of alcoholic beverages shall be made only in conjunction with the sale and service of food. 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 such restaurants. 16. The premises shall not be operated as an adult entertainment business as such term defined in Santa Ana Municipal Code Chapter 41-1701.6. 17. Music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. (Modified by the Planning Commission May 23, 2011) 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. 31 B-34 MAY 23, 2011 PAGE 4 OF 6 19. The use shall be evaluated after 90 days, six months, one year and annually thereafter in order to determine compliance with the above conditions. 20. The applicant(s) shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, donation, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. 21. 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. 22. 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), with the exception of the enclosed patio areas. 23. 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. 24. Queuing lines shall be managed in an orderly manner and all disruptive and intoxicated patrons shall be denied entry. The business owner shall be responsible for monitoring the queuing lines at all times. (Modified by the Planning Commission May 23, 2011) 25. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. (Modified by the Planning Commission May 23, 2011) 26. Food or alcohol may not be served to patrons waiting to enter the establishment. (Modified by the Planning Commission May 23, 2011) 27. The applicant shall submit a monthly schedule of concerts and events to the police department. (Modified by the Planning Commission May 23, 2011) 31 B-35 MAY 23, 2011 PAGE 5OF6 28. At all times, that dancing and/or entertainment is being conducted, the applicant shall employ a minimum of one (1) uniformed, licensed security guard 'R the roar alley area 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. This specified radio equipment must be purchased and maintained by the establishment. Each guard in the establishment must be provided a radio. 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. This guard shall ensure the safety of those patrons going to or from their vehicles in the parking structure at Third and Birch Streets. (Modified by the Planning Commission May 23, 2011) 29. An electronic incident loa 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 or electronic transmission to the Santa Ana Police Department. 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. (Modified by the Planning Commission May 23, 2011) 30. 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. (Modified by the Planning Commission May 23, 2011) 31 B-36 MAY 23, 2011 PAGE 6OF6 31. 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. (Modified by the Planning Commission May 23, 2011) 32. 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. (Modified by the Planning Commission May 23, 2011) 33. If there is a marked or noticeable increase in the number of Dolice-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 Department. (Modified by the Planning Commission May 23, 2011) 34. This land use authorization is only for a Type 47 on-sale beer & wine, public eating-place, any other license use at this location will require a new land use clearance. 35. No persons under the age of 18 shall be permitted entry into the establishment after 10:00 p.m. seven days a week (Modified by the Planning Commission May 23, 2011) 31 B-37 0 31 B-38 0