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HomeMy WebLinkAbout20120815_ZA2012-11_300NMainROH - 08/15/12 RESOLUTION NO. 2012-11 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012-19 TO ALLOW A TYPE 47 AND A TYPE 58 ALCOHOLIC BEVERAGE CONTROL LICENSES FOR THE PROPERTY LOCATED AT 300 NORTH MAIN STREET 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- 19 for a Type 47 (on-sale general) Alcoholic Beverage Control (ABC) license to allow the sales of beer, wine and distilled spirits, and a Type 58 (catering) ABC license to allow the service of alcohol as a caterer, for the property located at 300 North Main Street. B. Conditional Use Permit No. 2012-19 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on August 15, 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 use will provide an ancillary service to the restaurant and thereby benefit the community by providing an additional food-related amenity at the eating establishment. 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. 2012-11 Page 1 of 8 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 of beer, wine, and distilled spirits at the Little Sparrow Cafe will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negative or adverse impacts. The sale of alcoholic beverages will occur inside of the premises only and is incidental to the restaurant use. Alcohol will stop being served on the patio area one hour prior to closing time. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project site is a commercial building that was a restaurant previously. The establishment of this restaurant promotes a balance of land uses which enhances the City's economic and fiscal viability. Alcoholic beverages on the menu at the Little Sparrow will enhance the dining experience which will increase the patronage to the restaurant, thereby enhancing the profitability of the business and identifying the use and site as economically stable and viable for the surrounding properties in the area. 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, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Goal 1.0 of the Land Use Element requires that land use decisions promote a balance of land uses to address basic community needs. The cafe offers citizens a place to recreate and eat thereby serving the community. Goal 2.0 of the Land Use Element requires that land use decisions promote land uses which enhance the City's economic and fiscal viability. Therefore a variety of land uses that serve Resolution No. 2012-11 Page2of8 the public are necessary to offer a wide range of goods and services. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15321 Class 21 because it is an action by a regulatory agency to enforce a license, and will be in conformance with all city codes and requirements. Categorical Exemption Review No. 2012-21 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby approves Conditional Use Permit No. 2012-19 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated August 15, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 15th day of Au ust, 2012. Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney Resolution No. 2012-11 Page3of8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2012-11 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on August 15, 2012. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2012-11 Page4of8 Conditions for Conditional Use Permit No. 2012-19 Should Conditional Use Permit No. 2012-19 be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Code (SAMC), the California Administrative Code, the California Building Standards Code and all other applicable regulations. In addition, it shall meet the following conditions: The applicant must comply in full with each and every condition listed below rip or 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. Site Plan Review approval of DP No. 2012-01 is required prior to issuance of a building permit which includes approvals from the Fire Department, Police Department, Public Works, and Planning. 2. Conditional Use Permit No. 2012-19 becomes effective when a Certificate of Occupancy has been issued. 3. 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. 4. 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 ~. The alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. 6. A Sign Program must be submitted for this building prior to issuance of Certificate of Occupancy pursuant to SAMC - 41-880. Exhibit A Page 1 of 4 Resolution No. 2012-11 Page5of8 B. Police Department The area of 300 North Main Street is located in reporting district #165. This district is above average in police related incidents and ranks 4th out of 102 citywide reporting districts. The Police Department is concerned that this establishment may not consistently operate as a bona fide eating establishment and impact the adjacent residences. For that reason, the following are recommended to conditions be imposed to mitigate any negative impacts this operation may have on those residents and prevent it from generating police calls for service. 1. 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. 2. The quarterly gross sales of alcoholic beverages shall not exceed the gross 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. 3. 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. 4. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 5. 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. 6. 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). 7. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 8. 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. 9. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. All graffiti must be removed within 24 hours of occurrence. Exhibit A Resolution No. 2012-11 Page 2 of 4 Page 6 of 8 10. There shall be no pool tables, coin-operated games, or video machines maintained upon the premises at any time. 11. Indoor entertainment must be in compliance with the Santa Ana Municipal Code. 12. Ambient noise/music shall not be audible beyond 20 feet from the exterior of the premises in any direction. 13. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 2:00 a.m. 14. This land use authorization is only for a Type 47 on-sale general for bona fide public eating place, any other license use at this location will require a new land use clearance. 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 Santa Ana Municipal Code section 41-1701.6. 17. This conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 18. Existing restaurant must conform to 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. 19. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board Condition 20 must be complied with. 20. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 21. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 22. Window displays and racks must be kept to a maximum height of three feet including merchandise. Exhibit A Page 3 of 4 Resolution No. 2012-11 Page7of8 23. Atimed-access cash controller or drop safe must be installed. 24. Install a silent armed robbery alarm. Exhibit A Page 4 of 4 Resolution No. 2012-11 Page8of8 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd Floor, Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2012-11 (Conditional Use Permit No. 2012-19) in this action by p acing a true copy t ereo enc~ose~c in sea a enve opes a re~as follows: Bruce Marsh 1815 North Heliotrope Santa Ana, CA 92706 Duel Family Trust 301 North Main Street Santa Ana, CA 92701 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. JOCELYN MAGALONA