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HomeMy WebLinkAbout1997-13RESOLUTION NO. 97-13 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 97-16 TO ALLOW A TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE FOR ON-PREMISES CONSUMPTION AT ANTOJITOS CLEMENTE RESTAURANT, LOCATED AT 210 WEST FIRST STREET WHEREAS, Conditional Use Permit No. 97-16 came before the Zoning Administrator for a public hearing on September 24, 1997, to allow a Type 41 Alcohol Beverage Control License for on-premises consumption at Antojitos Clemente Restaurant, located 210 West First Street; and WHEREAS, following said public hearing, the Zoning Administrator determined to approve Conditional Use Permit No. 97- 16, 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 above said 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 sale of beer and wine at Antojitos Clemente Restaurant for on-premise consumption as conditioned, is a service provided the restaurant patrons. The opportunity to choose beer or wine with a meal offers neighborhood residents the option to patronize this restaurant. 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? An alcohol license, as conditioned, for the on-premises sale and consumption at the Antojitos Clemente Restaurant is not anticipated to be detrimental to persons residing or working in the area. The Santa Ana Police Department conditions of approval specifically address operation of the restaurant to ensure the business remains a bona fide restaurant and operates in a safe manner. C. Will the proposed use adversely affect the present economic • 1 . stability or future economic development of property in the • surrounding area? The sale of beer or wine is incidental to the primary food service. The alcoholic beverage license as conditioned is not anticipated to have an adverse impact on the surrounding area. The ancillary alcohol sales should increase patronage of the restaurant strengthening the viability of the business. D. Will the propose use comply with the regulations and conditions specified in the chapter of the Santa Ana Municipal Code for such use? The proposed Alcohol Beverage Control License will comply with all regulations and conditions specified in the Santa Ana Municipal Code pertaining to the sale of alcoholic beverages for on-premise consumption upon approval of Conditional Use Permit No. 97-16 as conditioned. E. Will the proposed use adversely affect the General Plan of the City? The General Plan designation, General Business District (GBD), permits commercial uses such as an eating establishment. The proposed sale of alcoholic beverages for on-premise consumption is incidental to the primary food service. 2. Conditional Use Permit No. 97-16 is hereby approved, subject to conditions, as set forth in Attachment A, attached hereto and incorporated herein. ADOPTED this 24 day of September 1997. ATTEST: ~.~'.6..~-5 Kenneth Adams Planning Manager Planning and Building Agency Charles View Zoning Administrator AP OVED AS TO FORM: ~_ ~ ~ G y A. She z A sistant Cit At orney ~_. 2 - RESOLUTION NO. 97-13 • Page 1 Conditional Use Permit No. 97-16 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. A. General conditions of approval 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. B. Planning Division 1. All proposed site improvements shall conform with Site Plan Review approval of DP 97-33. 2. The restaurant shall remain a bona fide eating establishment as defined by the Alcoholic Beverage Control Board and by the standards established by the Planning Commission as follows: a) One conventional range. b) A double sink. c) A 25 cubic foot refrigerator. d) A four foot by six foot food preparation area. e) The alcoholic beverage storage area must not exceed five percent of the gross floor area. 3. The trash enclosure area must be cleaned and be kept in clean conditions at all times. 4. There must be no sales or consumption of alcohol on the. outdoor areas. 5. On-site trees and shrubs are to be replaced to return the site to compliance with the original project approved plans. • ATTACHMENT A - RESOLUTION NO. 97-13 . Page 2 C. Police Department 1. The existing parking lot and building 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 a Letter of Approval to the Alcohol Beverage Control Board, all conditions must be complied with. 3. Noise/music shall not be audible beyond the area under the control of the licensee. 4. Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 11:00 p.m. 5. There shall be no live entertainment, amplified live music or dancing permitted on the premises at any time. 6. The subject alcoholic beverage license shall not be exchanged for a public premises type of license nor operated as a public premises. 7. 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, 8. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same time period. 9. 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. 10. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 11. The sale of beer and/or wine for consumption off the premises, is prohibited. 12. The applicant(s) shall be responsible for maintaining the premises free of litter and graffiti and the area adjacent to the premises over which he has control. 13. There shall be no pool tables or coin-operated games maintained • on the premises at any time. RESOLUTION NO. 97-13 Page 3 14. There shall be no fixed bar on the premises maintained for the service or consumption of alcoholic beverages directly to patrons. 15. At all times when the premises is open for business, the sale and service of alcoholic beverages shall be made only in conjunction with the sale and service of food. 16. The premises shall not be operated as an adult entertainment business as such term defined in Santa Ana Municipal Code (SANG) Chapter 41-12.2. 17. 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. 18. These conditions should prevent the premises from aggravating existing conditions in the area and keeps calls for service to a minimum. Conditional Use Permit No. 97-16 will be evaluated after 90 days, six months, and annually thereafter in order to determine compliance with the above conditions.