HomeMy WebLinkAbout20121031_ZA2012-13_515NMainROH -10131112
RESOLUTION NO. 2012-13
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA APPROVING AMENDMENT TO
CONDITIONAL USE PERMIT NO. 201'1-07 AS
CONDITIONED ALLOWING A TYPE 47 ALCOHOLIC
BEVERAGE CONTROL LICENSE FOR THE PROPERTY
LOCATED AT 515 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. On June 8, 2011, the Zoning Administrator remanded Conditional Use
Permit No. 2011-07 for a Type 47 (on-sale general) Alcoholic Beverage
Control {ABC) license to the Planning Commission to be heard jointly with
the after-hours and banquet Conditional Use Permit applications. On July
11, 2011, the Planning Commission, after a duly noticed public hearing,
approved Conditional Use Permit No. 2011-07 to allow the sales of beer,
wine and distilled spirits for the property located at 515 North Main Street.
B. The applicant is now requesting approval to amend the approved
Conditional Use Permit for a Type 47 Alcoholic Beverage Control {ABC)
license to allow the on-premise sale and consumption of beer, wine and
distilled spirits within an expanded restaurant. Specifically, the applicant is
seeking this amendment in order to serve alcoholic beverages within the
entire first floor and within two new outdoor patio areas.
C. The amendment of Conditional Use Permit No. 2011-07 came before the
Zoning Administrator of the City of Santa Ana nn October 10, 2012, for a
duly noticed public hearing. On October 10, 2012, the Zoning Administrator
of the City of Santa Ana continued the public hearing to October 31, 2012.
D. Santa Ana Municipal Code Section 41-'196 requires a conditional use
permit for the sale of alcoholic beverages for on-site consumption.
E. Santa Ana Municipal Code Section 41-638 authorizes the Zoning
Administrator to approve a conditional use permit upon making certain
findings:
Resolution No. 2012-13
Page 1 of 9
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, wine and distilled spirits
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.
2. Will the proposed use under the circumstances of the particular
ease be detrimental to the health, sa#ety 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 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 within two outdoor
patio areas and will be 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.
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 alcohol pursuant to Chapter 41 of the
Santa Ana Municipal Code and tine 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
Resolution No. 2o'i2-93
Page 2 of 9
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Conditions for Conditional Use Permi# No. 2011-07
Amendment to Conditional Use Permit No. 2011-07 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 al! other applicable regulations.
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. All proposed site improvements must conform to the Site Plan Review
approval of DP No. 2007-61.
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 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
4. The alcoholic beverage storage and display area may not exceed five
percent of the restaurant's gross floor area.
5. Should the applicant create a new tenant space within the subject
building, the Karmina Restaurant will not be required to amend their
existing entitlements to reduce the size of their tenant space. Any
subsequent use will need to comply with all applicable regulations
applicable to the use, including all State and Santa Ana Municipal Code
(SAMC) provisions.
Exhibit A
Page 1 of 5 Resolution No. 2012-13
Page 5 of 9
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 safe 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).
5. The applicants} 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 licensees} shall be removed or painted within 24
hours of being applied.
8. There shall be no poo! tables, amusement machines or video games
maintained on the premises at any time.
9. Ambient noiselmusic shall not be audible beyond 20 feet from the exterior
of the premises in any direction.
10. The sales, service, and consumption of alcoholic beverages shall be
permitted only between the hours of 11:00 a.m. and 2:00 a.m.
11, This land use authorization is only far a Type 47 on-sale general, public
eating-place, any other license use at this location will require a new land
use clearance.
Exhibit A
Page 2 of 5 Resolution No. 2012-13
Page 6 of 9
12. Neither the applicant, nor any person or entity operating the premises with
the permission of the applicant, shall violate the Ciky's adult entertainment
ordinance contained in SAMC section 12-1 and 12-2.
13. 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.
14. 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. This review shall include, at a minimum, an
analysis to ensure the quarterly gross sales of alcoholic beverages does
not exceed the gross sales of food during the same period.
15. Existing restaurant and required parking within 60 feet 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 lighting, doarlwindow locking devices and
addressing be upgraded to current code standards. Lighting standards
cannot be located in required landscape planters.
16. Prior to issuance of Letter of Approval to the Alcohol Beverage Control
Board, Police Department Condition No. 15 must be complied with.
17. Cash register must be visible from the street at al! times and shall not be
obstructed at any time by temporary or permanent signage.
18. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage.
1 S. Window displays and racks must be kept to a maximum height of three
feet including merchandise.
20. Atimed-access cash controller or drop safe must be installed.
21. Install a silent armed robbery alarm.
22. At all times, that dancing andlor entertainment is being conducted, the
applicant shall employ a minimum of one uniformed, licensed security
guard for every 100 persons in attendance per event, for keeping the
peace. Manda#ed security officers will be required to use a radio
frequency and communication equipment that is specified by the Police
Department. Guards will be required to provide escort service to patrons
of the establishment if requested. Mandated security guards will be
required to participate in mutual aid activities with the Police Department
and other guard companies in the downtown area, participate in mutual
aid communications and information sharing meetings.
Exhibit A
Page 3 of 5 Resolution No. 2012-13
Page 7 of S
23. An incident log shall be maintained at the licensed premises on a
continual basis with at least one year of entries and be readily available for
inspection by a police officer. The log is for recording any physical
altercations, injuries, and objectionable conditions that constitute a
nuisance occurring in, on, or at the licensed premises, including the
immediately adjacent area that is owned, leased, or rented by the
licensee. The log will indicate date, time, description of incident, and
action taken. "Objectionable conditions that constitute a nuisance" means
disturbance of the peace, public drunkenness, drinking in public,
harassment of passersby, gambling, prostitution, loitering, public urination,
lewd conduct, drug trafficking, or excessive loud noise.
24. The Police Department will require State licensed security guards to
perform crowd control inside and outside of the establishment, based
upon the type of activities anticipated at the location or based upon prior
history of activity at this establishment or other similar businesses
25. Security personnel required by the conditional use permit issued for the
licensed premises shall be in a uniform or clothing which is readily
identifiable as a security person. They shall main#ain order and enforce
the establishment`s no loitering policy, and shall take "reasonable steps"
{as that term is defined in subparagraph {3) of Section 24200 of the
California Business and Professions Code) to correct objectionable
conditions that constitute a nuisance.
26. The owner or manager of the licensed premises shall maintain on the
premises a written security policy and procedures manual addressing at a
minimum the following items: Handling obviously intoxicated persons;
establishing a reasonable ratio of employees to patrons, based upon
activity level, in order to monitor beverage sales and patron behavior;
handling patrons involved in fighting or arguing; handling 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 limit/potential intoxication and refusing to serve; calling the police
regarding observed or reported criminal activity.
27. Applicant must at all times comply with the provisions of SAMC 41-199.1,
including subsection (c) which requires that State licensed security guards
be present at all times that the premises is being used as a banquet
facility.
28. The facility must at all times operate in compliance with the provisions of
the Santa Ana Municipal code {SAMC). This will include the prohibition of
a cover charge to enter the facility, a night club use and public dancing,
except as allowed pursuant to Chapter 11 of SAMC.
Exhibit A
Page 4 of 5 Resofufion No. 2012-13
Page 8 of 9
29. 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. Alcohol sales at the food counter shall be in
conjunction with faod service at all times.
Exhibit A
Page 5 of 5 Resolution No. 2012-13
Page 9 of 9
PROOF OF SERVICE
(C.C.P. SECTION 1013(x), 2015.5)
STATE OF CALIFORNIA, COUNTY OF ORANGE
am employed in the aforesaid county; I am aver the age of eighteen and not a
party to the within action; my business address is 20 Civic Center Plaza, Rass Annex
2n~ Floor, Santa Ana, California 92702.
I served the foregoing document described as:
rermit No. zu~~-ur En tnis action
enve opes a resse as follows:
Adolfo Lopez
113 West Fourth Street
Santa Ana, CA 91701
p~ac~ng a true copy tnereor enc~osea rn
Guillermina Madriles
290 S. Willow Springs Road
Orange, CA 92869
[ ] 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. lam 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.
I 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.
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