HomeMy WebLinkAbout20130508_ZA2013-04_1002ESeventeenthUnitAROH -- 05/08/13
RESOLUTION NO. 2013-04
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2013-08 TO ALLOW A TYPE ~41
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE
PROPERTY LOCATED AT 1002 EAST SEVENTEENTH
STREET, SUITE A
BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Zoning Administrator of the City of Santa Ana hereby finds,
determines and declares as follows:
A. The applicant is requesting approval of Conditional Use Permit No. 2013-
08 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on-
premise consumption of beer and wine at the restaurant located at 1002
East Seventeenth Street, Suite A.
B. Conditional Use Permit No. 2013-08 came before the Zoning
Administrator of the City of Santa Ana for a duly noticed public hearing on
May 8, 2013.
C. Santa Ana Municipal Code Section 41-196 requires a conditional use
permit for the sale of alcoholic beverages for on-site consumption.
D. Santa Ana Municipal Code Section 41-638 authorizes the Zoning
Administrator to approve a conditional use permit upon making certain
findings:
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The proposed alcohol beverage license will provide an
ancillary service to the restaurant customers by allowing
them the ability to purchase beer and wine with their food
throughout the establishment. This will thereby benefit the
community by providing a restaurant with an additional and
complementary food-related amenity. Conditions have been
placed on the alcoholic beverage control license which will
mitigate any potential impacts created by the use and ensure
Resolution Flo. 2813-04
Page 1 of 7
that the use will not negatively affect the surrounding
community.
2. 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 license for the on-sale consumption of beer
and wine at this location will not be detrimental to persons
residing or working in the vicinity because conditions have
been placed on the alcoholic beverage control license that
will mitigate any potential negative or adverse impacts
created by the use. In addition, the use will occur within the
premises and is incidental to the restaurant use.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed use will not adversely affect the economic
stability of the area, but will instead allow the restaurant to
compete with other restaurants in the area that also offer
alcoholic beverages for sale to their patrons. Moreover, the
offering of alcoholic beverages allows the restaurant to
remain economically viable and contributes to the overall
success of the Lincoln Square shopping center, helping to
decrease the number of vacant tenant spaces that may
affect the economic viability of the site
4. 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 and the guidelines
established by the Planning Commission for restaurants
selling alcohol with their meal. The facility has the kitchen
equipment necessary to be considered a bona fide
restaurant use and is eligible to obtain a restaurant related
alcoholic beverage control license. Additionally, the
restaurant will utilize 4.6 percent of the gross floor area for
the storage of alcoholic beverages, which is below the
maximum threshold established by the Planning
Commission.
Resolution No. 2013-04
Page 2 of 7
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Conditions for Conditional Use Permit No. 20'i3-08
Conditional Use Permit No. 2013-08 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 California Building Standards
Cade and all other applicable regulations.
The applicant must comply in full with each and every condition listed below rior 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.
The premises shall at all times be maintained as a bona-fide eating establishment
as defined in Section 23038 of the California Business and Professions code and
shall provide a menu containing an assortment of foods normally offered. The
premises must have suitable kitchen facilities and supply an assortment of foods
commonly ordered at various hours of the day. l=ull and complete meals must be
served whenever the privileges of the on-sale license are being exercised.
2. There shall be no fixed bar or lounge area upon the premises maintained for the
sole purpose of sales, service or consumption of alcoholic beverages directly to
patrons. A fixed bar or lounge may be permitted if patrons may order food from
the same menu being offered to the general patrons of the eating establishment.
3. The sales, service, and consumption of alcoholic beverages shall be permitted
only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by
the granting of a conditional use permit for after-hours operations pursuant to
Chapter 41 of the Santa Ana Municipal Code.
4. 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, with the exception of any enclosed patio areas.
5. The applicant or an employee of the licensee must be present to monitor all areas
of the establishment, including outdoor patios, during all times that alcoholic
beverages are being served or consumed.
6. All employees serving alcoholic beverages must complete Responsible Beverage
Service Training, or an equivalent approved by the State Department of Alcoholic
Beverage Control, prior to being able to serve alcoholic beverages to patrons.
Evidence of the completion of such training must be maintained on the premises
and available for inspection upon request by the City.
Exhibit A
Page 1 of 3 Resolution No. 2013-04
Page 5 of 7
7. During those times when patrons are restricted to 21 years of age or older, the
applicant shall at all times utilize an age verification means or device for all
purchases of alcoholic beverages.
8. Queuing fines shall be managed in an orderly manner and all disruptive andlor
intoxicated patrons steal! be denied entry. The business owner, or his designee,
shall be responsible for monitoring the queuing lines at all times.
9. The outdoor queuing line shall not block public walkways or obstruct the en#ry ar
exit doors of adjacent businesses. Stanchions or barriers must be used to
maintain order at all times the queue exceeds 25 patrons.
10. Employees and contract security personnel shall not consume any alcoholic
beverages during their work shift, except for product sampling for purposes of
employee education about new products.
11. There shall be no exterior advertising of any kind or type, including window signs
or other signs visible from outside, that promote or indicate the availability of
alcoholic beverages on the premises. Interior displays of alcoholic beverages or
signs, which are clearly visible to the exterior, shall constitute a violation of this
condition, Permissible window displays must be kept to a minimum fior maximum
visibility and shall not exceed 25 percent of window coverage. Floor displays shall
not exceed three feet in height.
12. There shall be no promotions encouraging intoxication or drinking contests or
advertisements indicating "buy one drink, get one free", "two for the price of one",
or "all you can drink for..." or similar language.
13. No amusement machines or video games shall be maintained on the premises at
any time.
14. Entertainment, including but trot limited to, amplified music, karaoke, performers
and dancing, shall be subject to the issuance of an entertainment permit pursuant
to Santa Ana Municipal Code ("SAMC") Chapter 11 -Entertainment, and shall
comply with all of the standards contained therein. Notwithstanding this
requirement, musiclnoise shall not be audible beyond 20 feet from the exterior of
the premises in any direction.
15. 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 SAMC Section 12-1 and 12-2.
16. The premises shall not be operated as an adult entertainment business as such
term is defined in SAMC Section 41-1701.6.
Exhibit A
Page 2 of 3 Resolution No. 2013-04
Page 6 of 7
17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent
to the premises under the control of the licensee.
18. There shall be no public telephones located on the exterior of the premises. All
Interior pay phones must be designed to allow outgoing calls only.
19. Any graffiti painted or marked upon the premises or on any adjacent area under
the control of the licensee{s} shall be removed or painted within 24 hours of being
applied.
20. Existing bona fide eating establishment and required parking within a 60 foot
radius must conform to the provisions of Chapter 8, Article If, Division 3 of the
Santa Ana Municipal Code (Building Security Ordinance}. These code conditions
will require that the existing project lighting, doorlwindow locking devices and
addressing be upgraded to current code standards. Lighting standards cannot be
located in required landscape planters. Applications for sign permits must be
submitted for any existing unpermitted signage within the Center. Prior to
issuance of Letter of Approval to the Alcohol Beverage Control Board, this
condition must be complied with.
21. Atimed-access cash controller or drop safe must be installed.
22. Install a silent armed robbery alarm.
23. The owner or manager of the licensed premises shall maintain on the premises a
written security policy and procedures manual, that has been approved by the
police department, addressing at a minimum the following items; handling
obviously intoxicated persons; establishing a reasonable ratio of employees to
patrons, based upon activity level, in arder to monitor beverage sales and patron
behavior; handling patrons involved in fighting, arguing or loitering about the
building and in the immediate adjacent area that is owned, leased, rented or used
under agreement by the Licensee(s); verifying agelchecking identification of
patrons; warning patrons of reaching their drinking limitlpotential intoxication and
refusing to serve; calling the police regarding observed or reported criminal activity
and the management of queuing lines.
24. The operator shall be responsible for submitting a detailed outdoor fencing and
dining plan where outdoor dining is proposed as part of the business operation.
25. Combined alcohol storage and display areas shall not exceed five percent (5%) of
the gross floor area of the licensed establishment.
Exhibit A
Page 3 of 3 Resolution No. 2013-04
Page 7 of 7
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