HomeMy WebLinkAbout2001-18• RESOLUTION NO.O1-18
A RESOLUTION OF THE ZONING ADMINISTRATOR
OF THE CITY OF SANTA ANA APPROVING
CONDITIONAL USE PERMIT NO.O1-10 TO ALLOW A
TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE
AT RESTAURANT MARY LOCATED AT 1819 SOUTH
MAIN STREET
WHEREAS, Conditional Use Permit No. 01-10 came before the Zoning Administrator for a
public hearing on May 16, 2001, to allow a Type 41 Alcohol Beverage Control License at
Restaurant Mary, located 1819 South Main Street, Santa Ana; and
WHEREAS, following said public hearing, the Zoning Administrator determined to
approve Conditional Use Permit No. 01-10, 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 abovesald hearing the Zoning Administrator
finds and determines as follows:
• Will the proposed use provide a service or facility which will contribute to the general well
being of the neighborhood or community?
The proposed use will provide an ancillary service to the restaurant and thereby
benefit the community by providing an additional food related amenity at an eating
establishment. Conditions have been placed on the Alcoholic Beverage Control
license which will mitigate any potential impacts created by the use and ensure that
the use will not negatively affect the surrounding community.
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 on-premise beer and wine license will not be detrimental to persons
residing or working in the area because the use, as conditioned, will not create any
negative or adverse impacts. The sale of alcoholic beverages will occur inside of
the premises and is incidental to the restaurant use.
C. Will the proposed use adversely affect the present economic stability or future economic
development of properties surrounding the area?
• The 0.16-acre site is a commercial retail building that is suitable for the proposed
use. The addition of alcoholic beverages to the menu at Restaurant Mary should
increase the patronage to the restaurant, thereby enhancing the profitability of the
business and identifying the use and site as economically stable and viable for the
surrounding properties in the area.
D. 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 restaurant selling beer and wine, pursuant
to Chapter 41 of the Santa Ana Municipal Code.
E. 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. Restaurants and
ancillary uses such as Alcoholic Beverage Control licenses are permitted within the
South Main Street Commercial (C-SM) zoning district and the General Commercial
(GC) General Plan designation. Additionally, the use as conditioned is in
compliance with the regulations identified in the zoning code. The project is not
located within any specific plan area in the City.
•
2. Conditional Use Permit No. 01-10 is hereby approved, subject to conditions, as set forth
in Attachment A, attached hereto and incorporated herein.
ADOPTED this 1Ci day of May, 2001.
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ATTEST:
Kenneth Adams
Zoning Administrator
Planning and Building Agency
APPROVED AS TO FORM:
v~--°-
Christopher G. Norman
Assistant City Attorney
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SOLUTION NO.O1-18
~II~~V~IAY 16, 2001
PAGE 1 OF 3
Conditions for Approval
Should Conditional Use Permit No. 2001-10 be approved, the project shall
comply 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. Any amendment to this conditional use permit must be submitted
to the Planning Division and Police Department for review.
2. The alcoholic beverage storage and display area may not exceed
five percent of the restaurant's gross floor area.
3. The project shall remain in compliance with Site Plan Review
(DP No. 00-70).
B . Police Departzent
1. There shall be no fixed bar on the premises maintained for the
service or consumption of alcoholic beverages directly to
patrons.
2. The sales 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.
3. The sale of beer and/or wine for consumption off the premises
is prohibited.
4. There shall be no live entertainment, amplified music or
dancing on the premises.
ATTACHMENT A
~I~SOLUTION NO.O1-18
Y 16, 2001
PAGE 2 OF 3
5. No music shall be played outside. 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.
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 license.
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.
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. 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.
~III~SOLUTION NO.O1-18
Y 16, 2001
PAGE 3 OF 3
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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 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.
19. Prior to issuance of 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 percent 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. Install a silent armed robbery alarm.
25. 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.
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