Loading...
HomeMy WebLinkAbout1997-01RESOLUTION NO. 97-1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA MAKING FINDINGS OF FACT WITH REGARD TO THE APPROVAL OF CONDITIONAL USE PERMIT NO. 97-06 TO ALLOW THE ON-PREMISE SALE OF BEER AND WTNE AT THE EMERALD BAY SEAFOOD RESTAURANT LOCATED AT 5015-V WEST EDINGER AVENUE GAS: 81819] WHEREAS, Conditional Use Permit Application No. 97-06, to allow the sale of beer and wine for on-premise consumption at the Emerald Bay Seafood Restaurant, located at 5015-V West Edinger Avenue, came before the Planning Commission for public hearing on June 9, 1997, to confirm the decision and conditions of the Zoning Administrator; and WHEREAS, following said public hearing, the Planning Commission determined to approve Conditional Use Permit No. 97-06 subject to certain conditions; and WHEREAS, the Planning Commission does now desire to approve findings of fact in support of its approval of said Conditional Use Permit; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA that, based upon the aforesaid public hearing and the evidence therein submitted, the Planning Commission does find and determine as follows: I. FINDINGS A. The sale of beer and wine for on-premise consumption will provide restaurant patrons with an opportunity to consume alcoholic beverage ancillary to the normal dining activities. Therefore, the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community. B. The sale of beer and wine at the restaurant is subject to conditions of approval which will serve to avoid any detrimental affect to persons residing or working in the area and will not create any new impacts on the surrounding land uses as conditioned by staff. Therefore, the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. C. The ancillary service of on-premises sales of beer and wine at Emerald Bay Seafood Restaurant will not result in an 1 • overconcentration of facilities selling alcoholic beverages in the area. Therefore, the proposed use will not adversely affect the present economic stability or future economic development of property in the surrounding area. In fact, providing additional services may enhance the viability of the business enterprise. D. Upon approval and compliance with the conditions imposed on Conditional Use Permit No. 97-06, the proposed Alcoholic Beverage Control license will be in compliance with all applicable provisions of the Santa Ana Municipal Code, Chapter 41. E. The proposed sale of alcoholic beverages for on-premise consumption will not adversely affect the General Plan. The sale of alcoholic beverages is incidental to the restaurant operation which is a use permitted within the General Business District (GBD) land use designation and zoning district. II. Conditional Use Permit No. 97-06 is hereby approved subject to the following conditions: Conditions of_Approval ~' Conditional Use Permit No. 97-06 is approved, subject to compliance 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. Plannin4 Division 1. There shall be no restaurant operations permitted between the hours of 12:00 a.m. and 5:00 a.m. 2. The business must be a bona fide eating establishment as defined by the Alcoholic Beverage control Boards and the standards established by the Planning Commission. These standards state the restaurant establishments include the following: a) One conventional rang/oven. b) A double sink. c) A 25 cubic foot refrigerator. d) A four foot by six foot food preparation area. e) An automatic dishwasher. 2 f) Alcoholic beverage storage area shall not exceed five percent of the gross floor area. 3. Prior to issuance of Letter of Approval, a portion of the landscape planters near entrance to restaurant shall be replanted to include five gallon shrubs as approved by Landscape Associated. 4. The security guards are to assure that patrons of the wedding/banquet gatherings do not park in rear of restaurant. 5. The restaurant floor plan shall comply with the attached design, dated May 20, 1997, and incorporated by reference herein. Police Deuartment 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 Graff iti shall be removed within 24 hours of occurrence. 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. C~ J 3 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 pool tables or coin-operated games maintained 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. 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 41-12.2. 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.. 4 Every security guard employed by the applicant shall first be approved by the Chief of Police, or his designee. 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. Conditional Use Permit No. 97-06 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. ADOPTED this following vote: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: 9 day of June Commissioners Commissioners Commissioners Commissioners ~~~~.:i~ Kenneth Adams Planning Manager Planning and Building Agency 1997, by the 5