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HomeMy WebLinkAbout2004-37RESOLUTION NO. 2004-37 KO - 09/29/04 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2004-21 TO ALLOW A TYPE 48 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 215 NORTH BROADWAY 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- 21 for a Type 48 Alcoholic Beverage Control license to allow the on- premise sale of beer, wine and distilled spirits for the property located at 215 North Broadway. B. Conditional Use Permit No. 2004-21 came before the Zoning Administrator of the City of Santa Ana for a public hearing on September 15, 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. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed conditional use permit to allow the sale of alcoholic beverages will provide an ancillary service and amenity to the Artists Village and thereby benefit the community. The provision of a bar could create a negative impact to the surroundings, as such; additional conditions have been placed on the Alcoholic Beverage Control license that will mitigate potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2004-37 Page 1 of 3 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 approval of the conditional use permit will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create negative or adverse impacts. The sale of alcoholic beverages will occur on the premises. Moreover, conditions are imposed to mitigate potential impacts to those in the vicinity. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The bar is a suitable and appropriate use within the downtown setting. The bar will increase the patronage within the Artists Village, thereby enhancing the viability of the business. Further, with the conditions imposed the use and site will enhance the success of the area building on the successful cultural and business climate of the surrounding properties in 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 bar selling alcoholic beverages 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. Bars and ancillary uses such as alcoholic beverage control licenses are permitted within the Central Business-Artists Village (C3A) zoning district and the District Center (DC) General Plan designation. The project will help to facilitate Goal 2.0 to "Promote land uses which enhance the City's economic and fiscal viability". The addition of a bar will provide a service to complement other uses within the growing Artists Village. Further, Goal 4.0 of the Land Use Element, protect and enhance development sites and districts which are unique community assets that enhance the quality of life. An establishment that adds to the nightlife of the Artists Village promotes the unique make up of the area with a mix of residences and commercial businesses. Resolution No. 2004-37 Page 2 of 3 • E. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt. No further environmental review is needed. Envlronmental Revlew No. 04-183 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby, approves Conditional Use Permit No. 2004-21 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 15, 2004 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 15th day of September, 2004. Vince Fregoso Zoning Administrator - APPROVED AS TO FORM: • Joseph W. Fletcher, City Attorney F __ ~, -'"_ Kylee . ~ tto Deputy pity Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2004-37 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on September 15, 2004. Date: g Clerk of the Zoning finis for City of Santa Ana Resolution No. 2004-37 Page 3 of 3 Conditions for Approval for Conditional Use Permit No. 2004-21 Conditional Use Permit No. 2004-21 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. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. 2. The project shall remain in compliance with Site Plan Review (Development Project No. 04-049). 3. A C3 parking waiver shall be applied for and approved prior to issuance of • certificate of occupancy. B. Police Department 1. Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 4:00 p.m. and 2:00 a.m., daily. 2. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 3. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee(s). 4. The applicant shall post and maintain a professional quality sign on the east elevation of the premises prohibiting the consumption of alcoholic beverages outside the licensed premises. 5. No sales or consumption of alcoholic beverages shall take place outside. 6. The sale of draft beer is prohibited. 7. The sale or service of beer on tap (or draught beer) is prohibited. 8. No distilled spirits shall be sold by the bottle. • Exhibit A Page 1 of 3 • 9. No employee or agent shall solicit or accept any alcoholic or non-alcoholic beverage from any customer while in the premises. 10. Entertainment provided shall not be audible beyond 10 feet from the exterior of the premises in any direction. 11. Entertainment provided shall be limited to a maximum of five musicians. 12. There shall be no dancing allowed on the premises. 13. 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. 14. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control. 15. There shall be no coin operated games or video machines maintained upon the premises at any time. 16. There shall be no pool/billiard tables maintained upon the premises at any time. 17. There shall be no public telephones located on the exterior of the premises. Interior phones shall be restricted to outgoing calls only. 18. Any graffiti painted or marked upon the premises or on any adjacent area under control of the licensee(s) shall be removed or painted over within 24 • hours of being applied. 19. The petitioner(s) shall post a placard on the exterior east elevation of the premises prohibiting loitering, pursuant to California Penal Code ("CPC") section 602. 20. It shall be the petitioner(s) responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. 21. Petitioner(s) shall not require an admission charge, a cover charge or donation, nor shall there be a requirement to purchase a minimum number of drinks. 22. If the City ceases providing security guards in the designated parking structure, the applicant shall provide one (1) state licensed uniformed security guard from 6:00 p.m. until one (1) hour after closing on Friday, Saturday and Sunday, who shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by nearby residents. 23. The rear door shall be kept closed at all times during the operation of the premises except in cases of emergency and to permit deliveries. Said door not to consist solely of a screen or ventilated security door. 24. All employees must attend Responsible Beverage Server (RBS) training • provided by the State Department of Alcoholic Beverage Control. Exhibit A Page 2 of 3 • 25. The designated manager of the premises must be qualified by the State Department of Alcoholic Beverage Control. 26. 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. 27. The premises shall not be operated as an adult entertainment business as such term defined in SAMC section 41-1701.6. 28. The conditional use permit shall be reviewed at 90 days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 29. Existing suite and alley lighting 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 devises and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 30. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 31. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 32. Window displays and racks must be kept to a maximum height of three feet including merchandise. 33. Install a silent armed robbery alarm. • Exhibit A Page 3 of 3