HomeMy WebLinkAbout2001-21RESOLUTION NO.O1-21
• MINISTRATOR
A RESOLUTION OF THE ZONING AD
OF THE CITY OF SANTA ANA APPROVING
CONDITIONAL USE PERMIT NO.O1-06 TO ALLOW A
TYPE 47 ALCOHOL BEVERAGE CONTROL LICENSE
FOR ON-PREMISES CONSUMPTION OF BEER, WINE
AND DISTILLED SPIRITS AT MORTON'S OF
CHICAGO RESTAURANT, LOCATED AT 1641 WEST
SUNFLOWER AVENUE
WHEREAS, Conditional Use Permit No. 01-06 came before the Zoning Administrator for a
public hearing on April 4, 2001, to allow a Type 47 Alcohol Beverage Control License for on-
premises consumption of beer, wine and distilled spirits at the Morton's of Chicago restaurant,
located at 1641 West Sunflower Avenue, Santa Ana; and
WHEREAS, following said public hearing, the Zoning Administrator determined to
approve Conditional Use Permit No. 01-06, subject to conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA AS FOLLOWS:
1. Based upon the evidence submitted at the abovesaid hearing the Zoning Administrator
finds and determines as follows:
A. Will the proposed use provide a service or facility which will contribute to the general well
being of the neighborhood or community?
The proposed ABC License for the restaurant will provide a service to the
community by allowing patrons the ability to consume alcoholic beverages on-site
with their meal. The ABC license will not negatively affect the surrounding
community as conditions of approval have been included to reduce potential
negative impacts and avoid the potential of an attractive nuisance being established
at this location.
B. 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 some sales of alcoholic beverages will occur within the outdoor
patio, the area is only 468 feet in size and is contained by a perimeter fence.
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• C. Will the proposed use adversely affect the present economic stability or future economic
development of properties surrounding the area?
The 17.2 acre site is a mixed use center that is suitable for the proposed project.
Numerous restaurants are currently found in the Village and surrounding area, with
the construction of a new building for an existing tenant identifying this site as a
stable, viable location for businesses to exist.
D. 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 as well as other state and local
regulations.
E. 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 ABC licenses are permitted within the General Business
District (GBD) designation and SD-48. Additionally, the project, as designed, is in
compliance with the regulations identified in the zoning code.
• 2. Conditional Use Permit No. 01-06 is hereby approved, subject to conditions, as set forth
in Attachment A, attached hereto and incorporated herein.
ADOPTED this 4th day of Anril, 2001
ATTEST:
Kenneth Adams
Zoning Administrator
Planning and Building Agency
APPROVED AS TO FORM:
Christopher G. Norman
Assistant City Attorney
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SOLUTION NO. 01-21
APRIL 4, 2001
PAGE 1 OF 2
Conditions for Approval
Conditional Use Permit No. 01-06 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 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.
A. Planning Division
• 1. All proposed site improvements must conform with the Site Plan
Review approval of DP No. 00-86.
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. The existing parki
Chapter 8, Article
Code. These code
project's lighting
Lighting standards
planters.
ng lot must conform to the provisions of
II, Division 3 of the Santa Ana Municipal
conditions will require that the existing
be upgraded to current code standards.
cannot be located in required landscape
2. The sale of beer, wine and/or alcoholic beverage for
consumption off the premises is prohibited.
3. Live entertainment, amplified music or public dancing is
• prohibited on the premises at all time.
ATTACHMENT A
SOLUTION NO. 01-21
APRIL 4, 2001
PAGE 2 OF 2
4. Exterior advertising of any kind or type, including advertising
directed to the exterior from within, promoting or indicating
the availability of alcoholic beverages, is prohibited.
5. Pool tables or coin operated games cannot be maintained upon
the premises at any time.
6. The quarterly gross sales of alcoholic beverages shall not
exceed the gross sales of food during the same period.
7. 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.
8. The subject alcohol beverage license shall not be exchanged for
a public premise type of license nor operate as a public
premise.
• 9. Neither the applicant, nor any person or entity operating the
premises with permission of the applicant, shall violate the
City's adult entertainment ordinance contained in Sections 12-
1 and 12-2.
10. The premises shall not operate as an adult entertainment
business as such term defined in Section 41-1701.6 of the
Santa Ana Municipal Code.
11. The proposed use shall be evaluated after 90 days, six months
and annually thereafter in order to determine compliance with
the above conditions.
12. All pay telephones must be located inside the licensed
premises.
13. Prior to issuance of Letter of Approval to the Alcohol
Beverage Control Board all conditions must be complied with
and completed.
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