HomeMy WebLinkAbout20131028_2013-25_207W2ndUnitBROH - 10/28/13
RESOLUTION NO. 2013 -25
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING: CONDITIONAL
USE PERMIT NO. 2013 -31 AS CONDITIONED TO ALLOW
A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE,
CONDITIONAL USE PERMIT NO. 2013-29 AS
CONDITIONED TO ALLOW AFTER -HOURS OPERATION,
AND CONDITIONAL USE PERMIT NO. 2013 -30 AS
CONDITIONED TO ALLOW A BANQUET USE, FOR THE
PROPERTY LOCATED AT 207 WEST SECOND 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. 2013 -31 to
allow a Type 41 Alcoholic Beverage Control (ABC) license, Conditional
Use Permit No. 2013 -29 to allow after -hours operations, and Conditional
Use Permit No. 2013 -30 to allow a banquet use, for the property located at
207 West Second 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. On October 28, 2013, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2013 -31, Conditional Use Permit
No. 2013 -29, and Conditional Use Permit No. 2013 -30.
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. 2013 -31 to allow for a Type 41
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 alcoholic beverage license will provide for an
ancillary service to the restaurant's customers by allowing
Resolution No. 2013 -25
Page 1 of 17
them the ability to purchase beer, wine, and distilled spirits
with their food. The Type 47 ABC license is only issued to
restaurants that meet the State's standards as a bona fide
eating establishment indicating that alcohol sales are not
intended to be the primary use of the business. Conditions
have been placed on the alcoholic beverage control license,
which further emphasize the sales of alcohol as an ancillary
use.
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 this location will not be
detrimental to persons residing or working in the vicinity
because conditions have been placed upon the alcoholic
beverage control license that will mitigate any potential
negative or adverse impacts that could be created by the
use. In addition, the use will occur within the premises and
within an enclosed outdoor patio in accordance with the
standards of the State Department of Alcoholic Beverage
Control.
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 nearby restaurants that also offer
alcoholic beverages for sale to their patrons. Moreover, the
offering of alcoholic beverages as an ancillary product to
food supports the establishment of a full - service restaurant.
The proposed use will serve to re- tenant a previously vacant
building, thereby decreasing the number of vacant tenant
spaces that may affect the economic stability of the area.
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 beer, wine and distilled spirits pursuant to
Chapter 41 of the Santa Ana Municipal Code for restaurants
selling alcohol with their meal. The facility will be maintained
as a bona -fide eating establishment as defined in Section
23038 of the California Business and Professions Code,
having suitable kitchen facilities and supplying an
assortment of foods commonly ordered at various hours of
Resolution No. 2013 -25
Page 2 of 17
the day. Additionally, the restaurant will use less than five
percent of the gross floor area for the display and storage of
alcoholic beverages, which is below the maximum threshold
established by 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.
The granting of this Conditional Use Permit supports several
policies contained in the General Plan. Policy 2.2 of the Land
Use Element encourages land uses that accommodate the
City's needs for goods and services. Providing a variety of
full - service restaurants offers additional dining options for
Santa Ana residents and visitors. Policy 2.8 of the Land Use
Element promotes the rehabilitation of commercial
properties, and encourages increased levels of capital
investment. The South Counties Gas Building has
undergone a significant rehabilitation effort representing a
large capital investment. The re- tenanting of this building
with a full - service restaurant use further supports the
rehabilitation of this commercial property. Policy 4.2 of the
Land Use Element encourages the retention and reuse of
historical buildings and sites. The South Counties Gas
Building is listed on the Santa Ana Register of Historical
Properties. The rehabilitation and re- tenanting of this
building supports its retention and reuse.
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. 2013 -29 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 -hours operation will provide an ancillary
service to the restaurant customers by allowing them the
ability to offer meals after 12:00 midnight, thereby providing
an additional dining option within the downtown area. This
will benefit the community by providing a restaurant with an
additional and complementary food - related amenity. The
after -hours operation is consistent with that of other
restaurants in the downtown. Conditions have been placed
on the after -hours permit that will mitigate any potential
Resolution No. 2013 -25
Page 3 of 17
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 hours of operation at this location will not be
detrimental to persons residing or working in the vicinity
because conditions have been placed upon the permit that
will mitigate any potential negative or adverse impacts that
could be created by the use, and the proposed after -hours
operation is consistent with other restaurants operating in
the downtown. Further, the building location fronts on the
Artists Village promenade, which is a frequent location for
community activities involving outdoor entertainment and
significant public activity. Specific conditions address the
potential for noise and light intrusion, as well as for security.
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 nearby restaurants that also offer after -
hours meals to their patrons. The extension of operating
hours will enable the restaurant to continue their operations
for a longer period of time, thereby allowing them to
generate more revenue to ensure their continued economic
viability. The proposed use will serve to re- tenant a
previously vacant building, thereby decreasing the number of
vacant tenant spaces that may affect the economic stability
of the area.
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 operating after 12:00 midnight.
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.
The granting of this Conditional Use Permit supports several
policies contained in the General Plan. Policy 2.2 of the Land
Use Element encourages land uses that accommodate the
City's needs for goods and services. Providing a variety of
full - service restaurants with extended hours of operation
Resolution No. 2013 -25
Page 4 of 17
offers additional dining options for Santa Ana residents and
visitors. Policy 2.8 of the Land Use Element promotes the
rehabilitation of commercial properties, and encourages
increased levels of capital investment. The South Counties
Gas Building has undergone a significant rehabilitation effort
representing a large capital investment. The re- tenanting of
this building with a full - service restaurant use further
supports the rehabilitation of this commercial property. Policy
4.2 of the Land Use Element encourages the retention and
reuse of historical buildings and sites. The South Counties
Gas Building is listed on the Santa Ana Register of Historical
Properties. The rehabilitation and re- tenanting of this
building supports its retention and reuse.
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. 2013 -30 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 facility permit will provide an ancillary
service to the restaurant and their customers by providing a
space to host special functions. This will benefit the
community by providing an additional venue for special
events and celebrations. Conditions have been placed on
the banquet facility permit that will mitigate any potential
impacts created by the use and to 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 banquet facility permit at this location will not
be detrimental to persons residing or working in the vicinity
because conditions have been placed on the permit that will
mitigate any potential negative or adverse impacts created
by the use. In addition, a banquet facility at this location will
provide a supplementary service to the community, all
activities will occur within the premises and is incidental to
the primary restaurant use.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
Resolution No. 2013 -25
Page 5 of 17
The proposed use will not adversely affect the economic
stability of the area, but will instead allow the restaurant to
compete with other nearby restaurants that also offer
banquet facilities for special events and community
functions. Moreover, the banquet use will allow the
restaurant to remain economically viable and contributes to
the overall success of the downtown area in which it is
located, helping to decrease the number of vacant tenant
spaces that may affect the economic viability of the site.
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 operating a banquet use 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.
The granting of this Conditional Use Permit supports several
policies contained in the General Plan. Policy 2.2 of the Land
Use Element encourages land uses that accommodate the
City's needs for goods and services. Providing a variety of
full - service restaurants with ancillary banquet facilities offers
additional special event and celebration options for Santa
Ana residents and visitors. Policy 2.8 of the Land Use
Element promotes the rehabilitation of commercial
properties, and encourages increased levels of capital
investment. The South Counties Gas Building has
undergone a significant rehabilitation effort representing a
large capital investment. The re- tenanting of this building
with a full - service restaurant and banquet facility further
supports the rehabilitation of this commercial property. Policy
4.2 of the Land Use Element encourages the retention and
reuse of historical buildings and sites. The South Counties
Gas Building is listed on the Santa Ana Register of Historical
Properties. The rehabilitation and re- tenanting of this
building supports its retention and reuse.
G. In accordance with the California Environmental Quality Act the
recommended action is exempt from further review per Section 15061(b)(3),
which is a general rule exemption applying to projects that have no
possibility of having a significant impact on the environment. Categorical
Exemption Environmental Review No. 2013 -40 will be filed for this project.
Resolution No. 2013 -25
Page 6 of 17
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2013 -31 as conditioned
in Exhibit A attached hereto and incorporated as though fully set forth herein,
Conditional Use Permit No. 2013 -29 as conditioned in Exhibit B attached hereto and
incorporated as though fully set forth herein, and Conditional Use Permit No. 2013 -30
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 Planning Commission Action dated
October 28, 2013 and exhibits attached thereto; and the public testimony, all of which
are incorporated herein by this reference.
ADOPTED this 28th day of October 2013 by the following vote
AYES: Commissioners: Bacerra, Crespo, Gartner, Mill, Nalle,
Yrarrazaval(6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners:
APPROVED AS TO FORM:
Sonia R.Carvalho, City Attorney
By:'_
Ryan
Alderete (1
Sean H. Mill
Vice Chairman
Resolution No. 2013 -25
Page 7 of 17
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2013 -25 to be the original resolution adopted by
the Planning Commission of the City of Santa Ana on October 28. 2013 .
Date: /�/— /- -3 "� J
Secretary of the-RlaWing C ission
City of Santa Ana
Resolution No. 2013 -25
Page 8 of 17
EXHIBIT A
Conditions for Approval of Conditional Use Permit No. 2013 -31
Conditional Use Permit No. 2013 -31 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, 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.
1. The premises shall at all times be maintained as a bona -fide eating establishment
as defined in Section 23038 of the California Business and Professions code and
shall provide a menu containing an assortment of foods normally offered. The
premises must have suitable kitchen facilities and supply an assortment of foods
commonly ordered at various hours of the day. Full and complete meals must be
served whenever the privileges of the on -sale license are being exercised.
2. There shall be no fixed bar or lounge area upon the premises maintained for the
sole purpose of sales, service or consumption of alcoholic beverages directly to
patrons. A fixed bar or lounge may be permitted if patrons may order food being
offered to the general patrons of the eating establishment.
3. The sales, service, and consumption of alcoholic beverages shall be permitted
only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by
the granting of a conditional use permit for after -hours operations pursuant to
Santa Ana Municipal Code Chapter 41.
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, with the exception of any enclosed patio areas.
5. The applicant or an employee of the licensee must be present to monitor all areas
of the establishment, including outdoor patios, during all times that alcoholic
beverages are being served or consumed.
6. All employees serving alcoholic beverages must complete Responsible Beverage
Service Training, or an equivalent approved by the State Department of Alcoholic
Beverage Control, prior to being able to serve alcoholic beverages to patrons.
Evidence of the completion of such training must be maintained on the premises
and available for inspection upon request by the City.
Resolution No. 2013 -25
Page 9 of 17
OCTOBER 28, 2013
PAGE 2 OF 4
7. During those times when patrons are restricted to 21 years of age or older, the
applicant shall at all times utilize an age verification means or device for all
purchases of alcoholic beverages. Such verification of age is not intended to
discriminate against patrons based on race, ethnicity or legal status, but only to
comply with state law restricting the sale of alcohol to those 21 and older.
8. Queuing lines shall be managed in an orderly manner and all disruptive and /or
intoxicated patrons shall be denied entry. The business owner, or his designee,
shall be responsible for monitoring the queuing lines at all times.
9. 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. All stanchions or
barriers located on public property must be approved by the Public Works Agency.
10. Employees and contract security personnel shall not consume any alcoholic
beverages during their work shift, except for product sampling for purposes of
employee education about new products. Under no circumstances may contract
security personnel consume alcoholic beverages during their work shift.
11. There shall be no exterior advertising of any kind or type, including window signs
or other signs visible from outside, that promote or indicate 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. Permissible window displays must be kept to a minimum for maximum
visibility and shall not exceed 25 percent of window coverage. Floor displays shall
not exceed three feet in height.
12. There shall be no promotions encouraging intoxication or drinking contests or
advertisements indicating 'buy one drink, get one free', "two for the price of one ",
or "all you can drink for..." or similar language.
13. Any pool tables, amusement machines or video games maintained on the
premises at any time must be reviewed and approved in a security plan submitted
to the Chief of Police.
14. Live Entertainment, including but not limited to, amplified music, karaoke,
performers and dancing, shall be subject to the issuance of an entertainment
permit pursuant to Santa Ana Municipal Code ( "SAMC ") Chapter 11 —
Entertainment, and shall comply with all of the standards contained therein.
Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet
from the exterior of the premises in any direction.
Resolution No. 2013 -25
Page 10 of 17
OCTOBER 28, 2013
PAGE 3 OF 4
15. 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 Sections 12 -1 and 12 -2.
16. The premises shall not be operated as an adult entertainment business as such
term is defined in SAMC Section 41- 1701.6.
17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent
to the premises under the control of the licensee.
18. 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.
19. 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.
20. Existing bona fide eating establishment and required parking 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 lighting, door /window locking devices and addressing be upgraded to
current code standards. Lighting standards cannot be located in required
landscape planters. Prior to issuance of Letter of Approval to the Alcohol
Beverage Control Board, this condition must be complied with.
21. A timed - access cash controller or drop safe must be installed.
22. Install a silent armed robbery alarm.
23. The owner or manager of the licensed premises shall maintain on the premises a
written security policy and procedures manual, that has been approved by the
Police Department, addressing at a minimum the following items:
a. Procedures for handling obviously intoxicated persons.
b. The method for establishing a reasonable ratio of employees to patrons,
based upon activity level, in order to ensure adequate staffing levels to
monitor beverage sales and patron behavior.
Resolution No. 2013 -25
Page 11 of 17
OCTOBER 28, 2013
PAGE 4 OF 4
C. Procedures for handling patrons involved in fighting, arguing or loitering
about the building, and /or in the immediate adjacent area that is owned,
leased, rented or used under agreement by the Licensee(s).
d. Procedures for verifying the age of patrons for purposes of alcohol sales.
e. Procedures for ensuring that servers monitor patrons to ensure that their
drinking limit/potential intoxication is not exceeded. This procedure should
include a description of the procedure the server would use to warn, or
refuse to serve, the patron.
f. Procedures for calling the police regarding observed or reported criminal
activity.
g. Procedures for management of queuing lines.
h. The location and description of any video games proposed to be on the
premises.
24. The operator shall be responsible for submitting a detailed outdoor fencing and
dining plan where outdoor dining is proposed as part of the business operation. If
the proposed dining area or fencing is in the public right of way, the applicant must
obtain all required permits and approvals from the Public. Works Agency.
25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of
the gross floor area of the licensed establishment.
Resolution No. 2013 -25
Page 12 of 17
EXHIBIT B
Conditions for Approval of Conditional Use Permit No. 2013 -29
Conditional Use Permit No. 2013 -29 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, 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 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.
1. The premises shall at all times be maintained as a bona -fide eating establishment
as defined in Section 23038 of the California Business and Professions code and
shall provide a menu containing an assortment of foods normally offered. The
premises must have suitable kitchen facilities and supply an assortment of foods
commonly ordered at various hours of the day. Full and complete meals must be
served whenever the privileges of the on -sale license are being exercised.
2. There shall be no fixed bar or lounge area upon the premises maintained for the
sole purpose of sales, service or consumption of alcoholic beverages directly to
patrons. A fixed bar or lounge may be permitted if patrons may order food from
the same menu being offered to the general patrons of the eating establishment.
3. The sales, service, and consumption of alcoholic beverages shall be permitted
only between the hours of 8:00 a.m. and 2:00 a.m. pursuant to this conditional use
permit.
4. Live Entertainment, including but not limited to, amplified music, karaoke,
performers and dancing, is subject to compliance with Santa Ana Municipal Code
( "SAMC ") Chapter 11 and shall comply with all of the standards contained therein.
Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet
from the exterior of the premises in any direction.
5. 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.
6. The premises shall not be operated as an adult entertainment business as such
term is defined in SAMC Section 41- 1701.6.
7. The applicant(s) shall be responsible for maintaining free of litter the area adjacent
to the premises under the control of the licensee.
8. There shall be no amplified sound used outside the building.
Resolution No. 2013 -25
Page 13 of 17
OCTOBER 28, 2013
PAGE 2 OF 2
9. A notification directing patrons to park in the public parking structure located on
Third Street and Broadway shall be posted at the restaurant entry and on the
restaurant's website (if any).
10. No use of delivery vehicles with more than three axels at this location.
11. This establishment must comply with Santa Ana Municipal Code Section 18 -312
related to exterior noise.
12. Trash program and submittal of a notarized and recorded Reciprocal Trash
Agreement shall be provided prior to issuance of a Certificate of Occupancy.
13. Sign permits (both permanent and temporary) are under separate submittal.
14. Special events are subject to a Land Use Certificate where such activities will take
place outside of the restaurant building.
Resolution No. 2013 -25
Page 14 of 17
EXHIBIT C
Conditions for Approval of Conditional Use Permit No. 2013 -30
Conditional Use Permit No. 2013 -30 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, 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 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.
1. The premises shall at all times be maintained as a bona -fide eating establishment
as defined in Section 23038 of the California Business and Professions code and
shall provide a menu containing an assortment of foods normally offered. The
premises must have suitable kitchen facilities and supply an assortment of foods
commonly ordered at various hours of the day. Full and complete meals must be
served whenever the privileges of the on -sale license are being exercised.
2. There shall be no fixed bar or lounge area upon the premises maintained for the
sole purpose of sales, service or consumption of alcoholic beverages directly to
patrons. A fixed bar or lounge may be permitted if patrons may order food from
the same menu being offered to the general patrons of the eating establishment.
3. The sales, service, and consumption of alcoholic beverages shall be permitted
only between the hours of 8:00 a.m. and 12:00 a.m. unless a conditional use
permit is approved for after -hours operation.
4. Live Entertainment, including but not limited to, amplified music, karaoke,
performers and dancing, is subject to compliance with Santa Ana Municipal Code
( "SAMC ") Chapter 11 and shall comply with all of the standards contained therein.
Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet
from the exterior of the premises in any direction.
5. 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.
6. The premises shall not be operated as an adult entertainment business as such
term is defined in SAMC Section 41- 1701.6.
7. The applicant(s) shall be responsible for maintaining free of litter the area adjacent
to the premises under the control of the licensee.
8. There shall be no amplified sound used outside the building.
Resolution No. 2013 -25
Page 15 of 17
OCTOBER 28, 2013
PAGE 2 OF 2
9. A notification directing patrons to park in the public parking structure located on
Third Street and Broadway shall be posted at the restaurant entry and on the
restaurant's website (if any).
10. No use of delivery vehicles with more than three axels at this location.
11. This establishment must comply with Santa Ana Municipal Code Section 18 -312
related to exterior noise.
12. Trash program and submittal of a notarized and recorded Reciprocal Trash
Agreement shall be provided prior to issuance of a Certificate of Occupancy.
13. Sign permits (both permanent and temporary) are under separate submittal.
14. Special events are subject to a Land Use Certificate where such activities will take
place outside of the restaurant building.
Resolution No. 2013 -25
Page 16 of 17
PROOF OF SERVICE
(C.C.P. SECTION 1013(a), 2015.5)
STATE OF CALIFORNIA, COUNTY OF ORANGE
I am employed in the aforesaid county; I am over the age of eighteen and not a
party to the within action; my business address is 20 Civic Center Plaza, Ross Annex
2nd Santa Ana, California 92702.
I served the foregoing document described as: Resolution No. 2013 -25
(Conditional Use Permit Nos. 2013 -29. 2013 -30 and 2013 -31) in this action by placing
a true copy t ereo enclosed In sea envelopes addressed follows:
Vince Canino Al Cordero
7 Verano Corbiz LLC
Foothill Ranch, CA 92610 17531 Von Kannan Avenue
Irvine, CA 92614
[ ] I caused to be delivered by courier, such envelope by hand to the office of the
addressee(s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with
U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana,
California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
[ ] The document was transmitted by facsimile transmission and was reported as
complete and without error.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed on November 15, 2013 at Santa Ana, California.
MARTH RAMIREZ /
Resolution No. 2013 -25
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