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HomeMy WebLinkAbout110711_2011-13_515NMain#B• 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 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 • 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 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 • 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 • 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. 0 0 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 Ll Chairman APPROVED AS TO FORM: Joseph A. Straka, Interim 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: 2JAela ecr ary of the Pla wing comm ion City of Santa Ana Resolution No. 2011-13 Page 6 of 20 • 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 belowrip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. 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 Pagel of 4 Resolution No. 2011-13 Page 7 of 20 • 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 • 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 • 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 .. nr.m I' n 4 hall at all t;.v.es __ __. ..I.. With the PFOVOGOORS Of SAM Cha f 11 and must pu hliG manse n mit at all times that nu hl'n daRGPn^ is being nnn,a, Gted. 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 40 Resolution No. 2011-13 Page 10 of 20 • 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 belowrip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. 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 B Page 1 of 5 Resolution No. 2011-13 Page 11 of 20 • 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 0 Resolution No. 2011-13 Page 12 of 20 • 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. 0 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 • 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 • 28. 11 and FAust possess a publiG daRGO permit at all times that publiG daRGing Ms being eondu^'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 0 Exhibit B Page 5 of 5 0 Resolution No. 2011-13 Page 15 of 20 • 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 belowrip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. 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 is prohibited. Exhibit C Page 1 of 5 Resolution No. 2011-13 Page 16 of 20 • 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 0 Resolution No. 2011-13 Page 17 of 20 • 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 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 • 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 0 Resolution No. 2011-13 Page 19 of 20 . 28 The a I' a + hall at all time_ __ n6. With the nrnv'c'enc of cennr f h.. + 11 and m t possess a ub"G dance n m't at all tirnes that p blir 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 0 Resolution No. 2011-13 Page 20 of 20