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HomeMy WebLinkAbout2004-39RESOLUTION NO. 2004-39 KO - 09/30/04 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2004-22 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 2629 WESTMINSTER AVENUE BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Conditional Use Permit No. 2004- 22 for a Type 41 Alcoholic Beverage Control license to allow the on- premise sale of beer and wine for the property located at 2629 Westminster Avenue. B. Conditional Use Permit No. 2004-22 came before the Zoning Administrator of the City of Santa Ana for a public hearing on September 29, 2004. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption. D. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator 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 the community? The proposed Alcoholic Beverage Control license (ABC) for La Cascada will provide a service to the community by providing dining service at a bona fide eating establishment. Conditions have been placed on the proposed off-premise alcoholic beverage license that will mitigate potential impacts created by the use and ensure that the use will not negatively affect the adjacent commercial and residential area. 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? Resolution No. 2004-39 Page 1 of 3 The proposed Type 41 on-premise beer and wine license will not be detrimental to persons residing and working in the area because the off-premise sale of alcoholic beverages, as conditioned, will not create any negative or adverse impacts. The sales of alcoholic beverages will occur inside of the premise 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? La Cascada is located in a commercial district, which is suitable for the proposed use. The on-premise beer and wine license is expected to bring additional patrons to the restaurant and adjacent business, which will assist the economic viability of the adjacent commercial area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As proposed, the Type 41 on-sale beer and wine license will be in compliance with all applicable conditions imposed on an establishment selling liquor, including Chapter 41 of the Santa Ana Municipal Code, and other state and local regulations. • 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 on-premise beer and wine liquor license are permitted within the General Commercial (GC) land use designation. The proposed project is not located in a specific plan area of the City. E. !n accordance with the California Environmental Quality Act, Categorical Exemption Environmental Review No. 04-110 has been prepared for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby, approves Conditional Use Permit No. 2004-22 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Zoning Administrator Action dated September 29, 2004 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2004-39 Page 2 of 3 ADOPTED this 29th day of September, 2004. ~'~.~ Kenneth Adams Zoning Administrator APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney gy: Kylee O. o Deputy ~ y Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY • I, MARTHA RAMIREZ, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2004-39 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on September 29, 2004. Date: ~ ~ Clerk o the Zoning inistra r City of Santa Ana Resolution No. 2004-39 Page 3 of 3 Conditions for Approval for Conditional Use Permit No. 2004-22 Conditional Use Permit No. 2004-22 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. All proposed site improvements must conform with the Site Plan Review approval of DP No. 04-34. 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. B. Police Department 1. There shall be no fixed bar on the premises maintained for the service or consumption of alcoholic beverages directly to patrons. 2. At all times when the premises is open for business the sale of alcoholic beverages shall be made only in conjunction with the sale of food to the person ordering the beverage. 3. The sale of alcoholic beverages for consumption off the premises is prohibited. 4. There shall be no live entertainment, amplified music, or dancing on the premises. 5. Any background music or noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 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. Exhibit A Page 1 of 3 7. 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). 8. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 9. There shall be no public telephones located on the exterior of the premises. 10. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 11. There shall be no pool tables, coin-operated games, or video machines maintained upon the premises at any time. 12. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. 13. 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. • 14. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 12:00 a.m. 15. Neither the licensee nor any person or entity operating the premises with the permission of the licensee shall violate the City's adult entertainment ordinance contained in SAMC Section 12-1 and 12-2. 16. The premises shall not be operated as an adult entertainment business as such item defined in SAMC Section 41-1706.6. 17. Existing restaurant and parking lot 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. 18. Prior to issuance of the Letter of Approval to the Alcohol Beverage Control Board, all conditions must be complied with. 19. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. Exhibit A Page 2 of 3 20. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 21. Window displays and racks must be kept to a maximum height of three feet including merchandise. 22. Atimed-access cash controller must be installed. 23. Interior displays and racks must be kept to a maximum of five feet including merchandise. 24. Install a silent armed robbery alarm. 25. The conditional use permit shall be reviewed at six months and one year, and annually thereafter for modifications or violations of any of the conditions. 26. This land use authorization is only applicable to a Type 41 on-sale beer and wine, public eating-place. Any other type of license use at this location will require separate land use clearance. Exhibit A Page 3 of 3