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HomeMy WebLinkAbout20121017_ZA2012-12_2709WWestminsterUnitERO H -- 10/17/12 RESOLUTION NO. 2012-12 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012-21 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 2709 WEST WESTMINSTER AVENUE, UNIT E 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- 21 for a Type 47 (on-sale general) Alcoholic Beverage Control (ABC) license to allow the sales of beer, wine and distilled spirits for the property located at 2709 West Westminster Avenue, Unit E. B. Conditional Use Permit No, 2012-21 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on October 17, 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 autharizes the Zoning Administrator to approve a conditional use permit upon making certain findings: 1. Will the propased use provide a service or faciliky 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, wine, and distilled spirits with their food throughout the establishment. This will thereby benefit the community by providing a restaurant with art additional and complementary food-related amenity. Conditions have been placed on the alcoholic beverage control license which wll mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2fl12-12 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, wine, and distilled spirits 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 guests and other visitors. 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 condiitions imposed on a restaurant selling beer, wine, and distilled spirits 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 one percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Planning Commission. 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. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City`s needs for goods and services. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana. Resolution No. 2012-12 Page 2 of 7 s t~~rt't _ ~ .:. H ~ ,C1i~G~~. ~V~4e G1s .~.5'n~,'iM ~~.'' I~}ey p T~ ~~? ~~~. ~~ ~. s ~~ ~ - _ _ ~_ ~_ ~~ Conditions for Conditional Use Permit No. 2012-21 Conditional Use Permit No. 2012-21 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 Cade, the California Building Standards Code and all other applicable regulations. The applicant must comply in full wikh each and every condition listed below rip Or t0 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. A letterlstatement from the Department of Alcohol Beverage Control stating that the existing Type 41 license will be cancelled upon the issuance of the Type 47 license shall be filed with the city. t.and Use Certificate No. 88-2 shall be withdrawn and cancelled. 2. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2012-04. 3. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Departmen# 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 fde 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 rangeloven b. An automatic dishwasher c. A double sink d. A 25 cubic foot refrigerator e. A four-foot by six-foot food preparation area 5. The alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. 6. There shall be no outdoor sales or consumption of alcohol. Exhibit A Page 1 of 3 Resolution No. 2012-12 Page 5 of 7 B. Police Department 1. 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, 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. 5. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 6. 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. 7. 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. 8. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. 9. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. and 12:00 midnight. 10. Background musiclnoise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 11. The petitioner(s) shall post a placard prohibiting loitering, pursuant to California Penal Code ("CPC"} section 602, on the exterior of the premises. 12. It shall be the petitioner{s) responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. Exhibit A Page 2 of 3 Resolution No. 2012-12 Page 6 of 7 13. This land use authorization is only for a Type 47 on-sale general, public- eating place, any other license use at this location will require a new land use clearance. 14. 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. 15. 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. 16. This conditional use permit shall be reviewed at six months, at ane year and then annually thereafter by the Police Department for any modification to the conditions of approval, 17. Existing restaurant and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Cade {Building Security Ordinance}. These cade conditions will require that the existing project's lighting, doar/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 18. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board condition 17 must be complied with. 19. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 20. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 21. Windaw displays and racks must be kept to a maximum height of three feet including merchandise. 22. Atimed-access cash controller or drop safe must be installed. 23. Indoor entertainment must be in compliance with the Santa Ana Municipal Code. 24. There shall be no fixed bar or lounge area on the licensed premises maintained for the sale purpose of the sale, servECe or consumption of alcoholic beverages directly to patrons. 25. Install a silent armed robbery alarm. Exhibit A Page 3 of 3 Resolution No. 2012-12 Page 7 of 7 PROOF OF SERVICE (C.C.P. SECTION 1013(ay, 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE 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 2"d Floor, Santa Ana, California 92702. I served the foregoing document described as: Resolution NoY 2012-12 (Conditional Use Permit No. 2012-211 in this action by p acing a true copy t ereo enc~c~'in sea a enve opes a res~rse ~ as follows: Roberta Hurtado Ha Nguyen Jody Chong 2202 Lewis Street 4021 Celeste Street Tae Suk Ghong, Ok Chom Chong Santa Ana, CA 92706 Santa Ana, CA 92703 3544 East Woodbine Road Orange, CA 92867 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL l 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. l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 15, 2012 at Santa Ana, California. C JOCELYN ~O~A -0 ~ A