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HomeMy WebLinkAbout2000-28• RESOLUTION NO.00-28 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO.00-11 TO ALLOW A TYPE 47 ALCOHOL BEVERAGE CONTROL LICENSE FOR ON-PREMISES CONSUMPTION OF BEER, WIlVE AND DISTII.LED SPIRITS AT THE EMERALD BAY RESTAURANT, LOCATED AT 5015 WEST EDINGER AVENUE, SUITE V WHEREAS, Conditional Use Permit No. 00-11 came before the Zoning Administrator for a public hearing on July 12, 2000, to allow a Type 47 Alcohol Beverage Control License for on- premises consumption of beer, wine and distilled spirits at the Emerald Bay Restaurant, located 5015 West Edinger Avenue, Suite V, Santa Ana; and WHEREAS, following said public hearing, the Zoning Administrator determined to approve Conditional Use Permit No. 00-11, subject to conditions. NOW, THEREFORE, BE TT 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 upgrade to an ABC License at an existing restaurant will provide a service to the community by making available additional alcoholic beverages for ancillary consumption at the restaurant. 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. The sale of alcoholic beverages will only occur inside the premises, which also minimizes potential impacts to the surrounding area. 1 C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The 5.7 acre site is a retail center that is suitable for the proposed project. Numerous retail and restaurant uses are currently found in the center, with the 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. 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 Commercial (GC) designation. Additionally, the project, as designed, is in compliance with the regulations identified in the zoning code. 2. Conditional Use Permit No. 00-11 is hereby approved, subject to conditions, as set forth in Attachment A, attached hereto and incorporated herein. ADOPTED this J2- day of Tl~ly , 2000 ATTEST: ~,~ ~a ~r----. Kenneth Adams Planning Manager Planning and Building Agency r 2 RESOLUTION NO. 00-28 Y 12, 2000 PAGE 1 OF 3 Conditions for Approval Should Conditional Use Permit No. 00-11 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. In addition, it shall meet the following conditions: A. Planning Division 1. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. 2. 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. • 3. All ro osed site improvements must conform with the Site Plan P P Review approval of DP No. 99-105. 4. 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 suite and parking lot, within 60 feet of the suite, 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. 2. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, all conditions must be complied with. • 3. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. ATTACHMENT A SOLUTION NO. 00-28 'JULY 12, 2000 PAGE2OF3 4. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent window coverage. 5. Window displays and racks must be kept to a maximum height of three feet including merchandise. 6. Sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00 a.m. 7. Live entertainment or amplified music is limited to no more than three musicians or entertainers. Live entertainment and public dancing is only permitted on the premise in conjunction with wedding or banquet events. 8. 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 on the premises. • 9. There shall be no ool tables or coin-o erated ames maintained P P g on the premises at any time. 10. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same time period. 11. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 12. The sale of beer and/or wine for consumption off the premises is prohibited. 13. All public pay telephones shall be located inside the licensed premises. 14. The subject alcoholic beverage license shall not be exchanged for a public premises type license nor operated as a public premises. 15. At all times when the premises are open for business, the sale • and service of alcoholic beverages shall be made only in conjunction with the sale and service of food. SOLUTION NO. 00-28 'DULY 12, 2000 PAGE 3 OF 3 • 16. The premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurants. 17. The premises shall not be operated as an adult entertainment business as such term defined in Santa Ana Municipal Code Chapter 41=1701.6. 18. Neither the applicant, nor any person, or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in Santa Ana Municipal Code Section 12-1 and 12-2. 19. At all times that private functions are being conducted, the applicant shall employ one uniformed, state-licensed security guard for every 100 persons, or portion thereof, in attendance for the purpose of keeping the peace. These guards shall also insure the safety of patrons in front and rear parking areas and shall remain in the parking lot until all the patrons have cleared the premises. Every security guard employed by the applicant shall first be approved by the Chief of Police, or his designate. If there is a marked or noticeable increase in the number of police related incidents on or near the premises, as such increase may be determined by the Chief of Police, the applicant shall increase the number of uniformed, state-licensed security guards to a total number of guards as determined by the Chief of Police. 20. The Conditional Use Permit shall be reviewed at three months, six months, at one year, and then annually thereafter by the Police Department for any modification to the conditions of approval. 21. Music shall not be played outside nor be audible beyond the area under the control of the license. 22. The permanently affixed stage area shall be used for live entertainment or performances only in conjunction with wedding or banquet events. u