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Home My WebLink About2001-59• Kdo/11 /17/01 RESOLUTION NO. 2001-59 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING AND ADOPTING, THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW NO. 00-149 AND APPROVING CONDITIONAL USE PERMIT NO. 2001-30 FOR THE PROPERTY LOCATED AT 1734 WEST FIRST STREET 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 Negative Declaration for Environmental Review No. 00-149 and Conditional Use Permit No. 2001-30 came before the Zoning Administrator of the City of Santa Ana for a public hearing on November 28, 2001. • B. The applicant is requesting approval of CUP NO. 01-30 to allow a Type 41 alcoholic beverage license for the on-premise sale of beer and wine located at 1734 West First Street, Unit F. C. 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 restaurant will provide a service to the community by providing dining service at a bona fide eating establishment. The on-premise alcoholic beverage license will be in compliance with the established guidelines for restaurants selling alcoholic beverages to avoid the potential of nuisance being attracted to this location. D. 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 on-premise beer and wine license will not be detrimental to persons residing and working in the area as the use since the sale of alcoholic beverages will occur inside of the premise and is incidental to the restaurant use. • E. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? Resolution No. 2001-59 Page 1 of 3 • The restaurant is located in a strip center, 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 benefit the economic stability of the surrounding area. F. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable conditions of Chapter 41 of the Santa Ana Municipal Code regarding on-premise beer and wine license. G. 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 license are permitted within the General Commercial (GC) land use designation. The proposed project is not located in the specific plan area in the City. Section 2. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves and adopts the Negative Declaration for • Environmental Review No. 00-149. Section 3. The Zoning Administrator of the City of Santa Ana hereby, approves Conditional Use Permit No. 2001-30 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 28th day of November 2001. ~~--~ Charles View Zoning Administrator APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O ette • Deputy City Attorney Resolution No. 2001-59 Page 2 of 3 u CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2001-59 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on November 28, 2001. Date: 6' ~ o ~/ CI rk of Wing Administrator City o to Ana • Resolution No. 2001-59 Page 3 of 3 • Conditions for Approval for Conditional Use Permit No. 01-30 Conditional Use Permit No. 01-30 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 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 rior 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. 00- 050. B. Police Department 1. There shall be no fix bar on the premises maintained for the service or consumption of alcoholic beverages directly to patrons. • 2. The sale of alcoholic beverages for consumption off the premises is prohibited. 3. There shall be no live entertainment, amplified music, or public dancing permitted on the premises at any time. 4. Any background music or noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 5. 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. 6. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the applicant(s). 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 public telephones located on the exterior of the premises. 9. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 10. There shall be no pool tables or coin-operated games or video machines maintained upon the premises at any time. • 11. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. EXHIBIT "A" Page 1 of 2 12. The premise shall be maintained as a bona fide eating establishment and shall provide a menu containing an assortment of food normally offered in restaurants. 13. 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. 14. It is the applicant(s) responsibility to monitor the area under their control in an effort to prevent the loitering of persons about the premises. 15. The applicant shall post a sign prohibiting loitering on the premises pursuant to California Penal Code Section 602 (j). 16. 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 Santa Ana Municipal Code Section 12-1 and 12-2. 17. The premises shall not be operated as an adult entertainment business as such term defined in Santa Ana Municipal Code Section 41-1701.6. 18. The existing restaurant and parking lot must conform with 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. 19. Prior to issuance of the Letter of Approval to the Alcohol Beverage Control Board, all conditions must be complied with. 20. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 21. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25% of window coverage. 22. Window displays and racks must be kept to a maximum height of three feet including merchandise. 23. Atimed-access cash controller must be installed. 24. Interior displays and racks must be kept to a maximum of five feet including merchandise. 25. Install a silent armed robbery alarm. 26. The 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. 27. The sale of alcoholic beverages to customers shall be made from behind a counter where a clerk will obtain the product; no self-service of alcoholic • beverages will be permitted. EXHIBIT "A" Page 2 of 2