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HomeMy WebLinkAbout2008-17• RESOLUTION NO. 2008-17 KO- 6!22!08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008-16 AS CONDITIONED FOR A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1945 EAST SEVENTEENTH STREET, SUITE 101 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 a conditional use permit to operate a restaurant which will be open between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property and a conditional use permit to allow a Type 47 Alcoholic Beverage Control (ABC) license for the property located at 1945 East Seventeenth Street, Suite 101. • B. Conditional Use Permit No. 2008-16 came before the Zoning Administrator on May 21, 2008 for a duly noticed public hearing. After conducting the public hearing, the Zoning Administrator was of the opinion that the Conditional Use Permit was of such a magnitude to be of special interest to the people of the City of Santa Ana and the planning commission because of the concerns of the adjoining residents and the ABC board. As such, the Zoning Administrator continued the matter to the planning commission, pursuant to Santa Ana Municipal Code Section 41-641. C. Conditional Use Permit No. 2008-15 and Conditional Use Permit No. 2008-16 came before the Planning Commission of the City of Santa Ana for a public hearing on June 9, 2008. D. Conditional Use Permit No. 2008-16 has been filed with the City of Santa Ana seeking to allow a Type 47 alcoholic beverage control license. E. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption. Resolution No. 2008-17 Page 1 of 9 F. Santa Ana Municipal Code Section 41-638 authorizes the Planning • Commission to grant 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 community? The proposed Alcoholic Beverage Control (ABC) License for the restaurant will provide a service to the community by allowing patrons the ability to consume an alcoholic beverage with their meal at a bona-fide eating establishment. The ABC license will not negatively affect the surrounding community as conditions of approval have been included to reduce potential impacts and avoid the potential for an attractive nuisance being established. 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 ABC license will not be detrimental to persons residing and working in the area as the use, as conditioned, • will not create any negative or adverse impacts. Although alcohol will be served in the building and fenced outdoor patio, the patio is buffered from any residential properties by the existing commercial building and asix-foot block wall at the property line. The location and orientation of the building and patio will reduce the potential for negatively impacting the surrounding businesses and residents. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project site is one tenant space within a 9.5 acre commercial development offering a variety of retail and service uses. The development of a casual dining restaurant in this location will positively influence the present and future economic stability of the property by further diversifying the products and services offered in this area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? • Resolution No. 2008-17 Page 2 of 9 The proposed project will be in compliance with all • applicable conditions of Chapter 41 of the Santa Ana Municipal Code as well as all other State and local regulations that pertain to the sale of alcoholic beverages. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan. Restaurant and ancillary uses such as Alcoholic Beverage Control (ABC) licenses are permitted within the General Commercial (GC) General Plan Land Use designation. G. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review per Section 15301. This Class 1 exemption allows the permitting and licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2008-40 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2008-16 as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a Type 47 alcoholic beverage control license for the property located at 1945 East Seventeenth Street, Suite 101. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated June 9, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 9th day of June, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Christop er Leo Chairman • Resolution No. 2008-17 Page 3 of 9 • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee tt Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-17 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 9, 2008. Date: ~~r v ~~ • Planni Commissio ecret City of Santa Ana • Resolution No. 2008-17 Page 4 of 9 Conditions for Approval for Conditional Use Permit No. 2008-16 Conditional Use Permit No. 2008-16 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 Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The project shall remain in compliance with Site Plan Review (DP No. 07- 71). 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 business shall not open before 9:00 a.m. On Fridays and Saturdays the business shall cease operations at 12:00 a.m. unless a Conditional Use Permit for after hours has been approved for this location. If a Conditional Use Permit for after-hours has been approved, then the business shall comply with that Conditional Use Permit. On Sundays through Thursdays the business shall cease operations at 11:00 p.m. 4. Agate shall be installed to enclose the rear parking lot. Said gate shall restrict parking to restaurant patrons beginning at 6:00 p.m. Parking in the rear parking lot shall be available to employees at all times. 5. Additional landscaping shall be installed along the northern and western property lines to minimize the impacts on the adjacent residential neighbors. Said landscaping shall be designed and installed subject to the approval of the City's Landscape Architect. All landscaping shall be maintained per the approved plan. Exhibit A • Resolution No. 2008-17 Page 5 of 9 B. Police Department • 1. A full menu must be provided in conjunction with the fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. 2. At all times when the premises are open for business, the sale of alcoholic beverages shall be made only in conjunction with option for the sale of food to the person ordering the beverage. 3. At all times that the premises is open for business, menus and food service shall be made available at the food counter. 4. The premises shall be maintained as a bona fide eating establishment and shall provide a menu containing an assortment of foods normally offered in restaurants. 5. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. 6. 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. This condition excludes any registered • and/or trademarked business name or logo. 7. There shall be no more than five percent total square footage devoted to pool tables, coin-operated games, or video machines maintained upon the premises at any time. 8. 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. 9. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 10. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 11. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. All graffiti must be removed within 24 hours of occurrence. 12. It shall be the applicant(s) responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed • Resolution No. 2008-17 Page 6 of 9 premises under the control of the applicant(s). • 13. The sales, service, and consumption of alcoholic beverages shall comply with the following: a. The sales, service, and consumption of alcoholic beverages shall not occur before 9:00 a.m. b. On Fridays and Saturdays the sales, service, and consumption of alcoholic beverages shall cease at 12:00 a.m. unless a Conditional Use Permit for after hours has been approved for this location. If a Conditional Use Permit for after-hours has been approved, then the sales, service, and consumption of alcoholic beverages shall cease at the time specified by the after-hours Conditional Use Permit. c. On Sundays through Thursdays the sales, service, and consumption of alcoholic beverages shall cease at 11:00 p.m. 14. There shall be no live entertainment, amplified music or dancing on the premises. 15. Noise/ambient music shall not be audible beyond 20 feet from the exterior of the premises in any direction. • 16. 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. 17. 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. 18. 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. 19. 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. 20. The north door(s) shall be kept closed at all times during the operation of the premises except in cases of emergency and to permit deliveries. Said door(s) may not consist of a screen or ventilated security door. • Resolution No. 2008-17 Page 7 of 9 • 21. 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. 22. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, Condition 21 must be complied with. 23. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 24. Window displays and racks must be kept to a maximum height of three feet including merchandise. 25. Atimed-access cash controller or drop safe must be installed. 26. One state licensed uniformed unarmed security guard will be required in the rear parking lot from 8:00 p.m. until all attendees have left the property each day. • 27. The applicant will be required to train all employees on an annual basis in robbery deterrence and prevention techniques. Training content is to be approved by the Santa Ana Police Department. • Resolution No. 2008-17 Page 8 of 9 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE 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 Second Floor, Santa Ana, California 92701. I served the foregoing document described as: Resolution No. 2008-17 (Conditional Use Permit No. 2008-16) in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Peter Blied Red Mountain Retail Group 1234 East Seventeenth Street Santa Ana, CA 92701 Deborah Kerr Kerr Project Services 4655 Cass Street, Suite 200 San Diego, CA 92109 [ ] 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 July 10, 2008 at Santa Ana, California. • AR HA RAM I REZ Resolution No. 2008-17 Page 9 of 9