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HomeMy WebLinkAbout20120725_ZA2012-09_2800NMainSte1030RON - 07/25/12 RESOLUTION NO. 2012-09 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012-15 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 2800 NORTH MAIN STREET, SUITE 1030 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. 2012- 15for aType 41 Alcoholic Beverage Control (ABC} license to allow the on- premise consumption of beer and wine at the restaurant located at 2800 North Main Street, Suite 1030. B. Conditional Use Permit No. 2012-15 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on July 25, 2012. 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. 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 that the use will not negatively affect the surrounding community. Resolution No. 2012-09 Page 1 of 7 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 the restaurant 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 allaw 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 Saigon de Pho to remain economically viable and contributes to the overall success of Westfield MainPlace, 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 less than five 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. 2012-09 Page 2 of 7 ~_ ~ ''' ~~ ~af~i. ~~ '' ` . ~.~ ' .. , . tit'. ~ : i 'e~. ;;' ,iti. i ~~~~: _ r ~ v ~ ~ sit _ _ _ ~ #~ i~ ': ~~_ ate ~~ ~~r2~ 1~ ~ ~ ~~ ~1a~. e~b~r ;: _ - r~ ~'~ ~ ~ tom: _ " ' '. _ ~ ~ ~ - _ ~~ ~~ ' ~.ry3~ ~ ~~~ ( _~ _ hest ~ _ "~~~~.' 4 ~ `~$ ~! ~~ Est , ~ ~ ~rd~~~ `: ~~ ~ ~' ~~ ~ - : ,, Conditions for Condi#ional Use Permi# No, 2012-15 Conditional Use Permit No. 209 2-15 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 Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below tier 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2012-92. 2. 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. 3. The restaurant must be maintained as a bona fide eating establishment. An eating establishment as defined by the Alcoholic Beverage Control Board and the Planning Commission must include the following items: a. One conventional range/oven b. An automatic dishwasher c. A double sink d. A 25 cubic foot refrigerator e. A four-foot by six-foot food preparation area 4. The alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. 5. There shall be no gaming devices, such as pool tables, pinball machines, motion picture booths, etc, within the premises. 6. There shall be no conduct or entertainment allowed on the premises as prohibited by Chapter 12 of the Santa Ana Municipal Code {SAMC). Exhibit A Page 1 of 3 Resolution No. 2012-09 Page 5 of l B. Police Department 1. The quarterly gross sales of alcoholic beverages shall not exceed the grass sales of food during the same period. These records are to be kept no less frequently than on a quarterly basis and shall be made available to the City, if requested. 2. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 3. 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. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 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(s), with the exception of the patio area. 5. The applicant{s) or an employee of the licensee{s) will be present in the patio area at all times that alcoholic beverages are being served or consumed. 6. The applicant(s) shall be responsible for maintaining free of lister the area adjacent to the premises under the control of the licensee. 7. There shah be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 8. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. 9. Amplified music shall not be played outside the premises. Musiclnoise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 10. This land use authorization is only for a type 41 on-sale beer and wine for bona fide public eating place, any other license use at this location will require a new land use clearance. 11. 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. Exhibit A Page 2 of 3 Resolution tVo. 2012-09 Page 6 of 7 12. The premises shall not be operated as an adult entertainment business as such term is defined in Santa Ana Municipal Code section 41-1701.8. 13. This conditional use permit shall be reviewed at six months, atone year and then annually thereafter by the Police Department for any modification to the conditions of approval. 14. Existing building and parking lot must conform to the provisions of Chapter 8, Article il, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance}. Lighting within 120 feet from the front of the restaurant curb must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Cade (Building Security Ordinance}. These code conditions will require that the existing project's daorlwindow locking devices and addressing be upgraded to current code standards. Prior to issuance of a Letter of Approval to the Alcohol Beverage Control Board this condition must be complied with. 15. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 16. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 17. Window displays and racks must be kept to a maximum height of three feet including merchandise. 18. Atimed-access cash controller or drop safe must be installed. 19. There shall be no live entertainment, amplified music or dancing on the premises. Live entertainment includes but is not limited to strolling musicians, D.J's and karaoke. 20. Install a silent armed robbery alarm. 21. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. and 12 midnight. Exhibit A Page 3 of 3 Resolution No. 2012-09 Page 7 of 7 ~~~1 ~ ~~~ ~ ~ } ,... A I, i R! ~ J~~ T - -~ _ _ , ._._'~~ L ~_ .. ~e~ ~-~ ~~ :fit ~ ~-°~' ~ . ~€ ~ ~ - - - .. - - ~.. ~ ~ u . ,. r - - . ~ ' , p' _ _ ,~ _ _