HomeMy WebLinkAbout20111116_2011-14_1620EFirst#A• RESOLUTION NO. 2011-14
ROH - 11116/11
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2011-11 TO ALLOW A TYPE 41
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE
PROPERTY LOCATED AT 1620 EAST FIRST 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. 2011-
11 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on-
premise consumption of beer and wine at the restaurant located at 1620
East First Street, Suite A.
• B. Conditional Use Permit No. 2011-11 came before the Zoning
Administrator of the City of Santa Ana for a duly noticed public hearing on
November 16, 2011.
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. 2011-14
Page 1 of 6
• 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 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 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.
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.
E. In accordance with the California Environmental Quality Act the
• recommended action is exempt for further review per Section 15301. The
Class 1 exemption allows the licensing of existing facilities with no
Resolution No. 2011-14
Page 2 of 6
C~
expansion of the existing use. Categorical Exemption Environmental
Review No. 2011-40 will be filed for this project.
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 November 16, 2011, and exhibits attached thereto; and the public
testimony, all of which are incorporated herein by this reference.
Section 2. The Zoning Administrator of the City of Santa Ana hereby approves
Conditional Use Permit No. 2011-11 as conditioned in Exhibit "A" attached hereto and
ADOPTED this 16th day of November, 2011.
°V~_
Vince Fregos
Zoning Adminis r
•
APPROVED AS TO FORM:
Joseph Straka, Interim City Attorney
By:
Ryan o g
Assista tjCity orney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and
certify the attached Resolution No. 2011-14 to be the original resolution adopted by the
Zoning Administrator of the City of Santa Ana on November 16, 2011.
Date: ~ ~~
~~ r
Clerk of the Zoiuin Administrator
City of Santa Ana
Resolution No. 2011-14
Page 3 of 6
• Conditions for Conditional Use Permit No. 2011-11
Conditional Use Permit No. 2011-11 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the Califomia 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 rig 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. 2011-11.
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 which is the maximum allowed
by Government Code.
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.
Exhibit A Resolution No. 2011-14
Page 1 of 3 Page 4 of 6
• 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 10:00 p.m.
10. Music/noise 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.
13. This land use authorization is only for a Type 41 on-sale beer & wine,
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.
EXhlblt A Resolution No. 2011-14
Page 2 of 3 Page 5 of 6
• 16. 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.
17. 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
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. 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. Window 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. Install a silent armed robbery alarm
Exhibit A Resolution No. 2011-14
Page 3 of 3 Page 6 of 6