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HomeMy WebLinkAbout20110831_2011-10_2801WMacArthurBlv#CC~ ROH - 08/31/11 RESOLUTION NO. 2011-10 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2011-08 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 2801 WEST MACARTHUR BOULEVARD, SUITE C 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- 08 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine at the restaurant located at 2801 West MacArthur Boulevard, Suite C. B. Conditional Use Permit No. 2011-08 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on August 31, 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. n f.J Resolution No. 2011-10 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 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 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 from further review per Section • 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Resolution No. 2011-10 Page 2 of 7 • Categorical Exemption Environmental Review No. 2011-29 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby approves Conditional Use Permit No. 2011-08 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 31, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 31st day of August, 2011. Sergio Zoning APPROVED AS TO FORM: • Josephka, Interim City Attorney Ryan CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2011-10 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on August 31, 2011. Date: 3 ~ f ~- Clerk of the Zoning ministra r City of Santa Ana C~ Resolution No. 2011-10 Page 3 of 7 • Conditions for Conditional Use Permit No. 2011-08 Conditional Use Permit No. 2011-08 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 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. Planninca Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2011-09. 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. 6. There shall be no conduct or entertainment allowed on the premises as prohibited by Chapter 12 of the Santa Ana Municipal Code (SAMC). 7. The trash enclosure area must be cleaned and be kept in clean condition at all times. Exhibit A Resolution No. 2011-10 Page 1 of 4 Page 4 of 7 • 8. There shall be no parking on designated Fire Department fire lanes or any other prohibited areas. 9. There shall be no outdoor sales or consumption of alcohol. B. Police Department 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. Alcoholic beverages may not be sold through self-service dispensers, which is the open display of alcoholic beverages accessible to the public without the assistance of a clerk. 3. At all times when the premises is open for business the sale of alcoholic beverages shall be made only in conjunction with the sale of food to the person ordering the beverage. 4. 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. 5. 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. 6. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 7. 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. 8. 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). 9. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 10. 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. Exhibit A Page 2 of 4 Resolution No. 2011-10 Page 5 of 7 11. 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. 12. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. 13. There shall be no live entertainment, amplified music or dancing on the premises. 14. Ambient noise/music shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. and 12:00 a.m. 16. 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. 17. 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. 18. 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. 19. 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. 20. Existing restaurant and required parking 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. 21. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board condition 20 must be complied with. 22. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. Exhibit A Page 3 of 4 Resolution No. 2011-10 Page 6 of 7 n LJ 23. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 24. Window displays and racks must be kept to a maximum height of three feet including merchandise. 25. Atimed-access cash controller or drop safe and a silent armed robbery alarm must be installed. Exhibit A Page 4 of 4 Resolution No. 2011-10 Page 7 of 7