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HomeMy WebLinkAbout20110518_2011-05_3701WMcFadden SteG-J• RESOLUTION NO. 2011-05 ROH - 05!18/11 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2011-09 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 3701 WEST MCFADDEN AVENUE, SUITES G-J 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- 09 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine at the restaurant located at 3701 West McFadden Avenue, Suites G-J. • B. Conditional Use Permit No. 2011-09 came before the Zoning Administrator of the City of Santa Ana on April 27, 2011, for a duly noticed public hearing. On April 27, 2011, the Zoning Administrator of the City of Santa Ana continued the public hearing to May 18, 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. 2011-05 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. Resolution No. 2011-05 Page 2 of 7 • 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 expansion of the existing use. Categorical Exemption Environmental Review No. 2011-32 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby approves Conditional Use Permit No. 2011-09 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 April 27, 2011, and exhibits attached thereto; the Request for Zoning Administrator Action dated May 18, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 18~h day of May, 2011. APPROVED AS TO FORM: Joseph Straka, City Attorney By:~ Ryan O ity CERTIFICATE OF ATTESTATION AND ORIGINALITY f~ U I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2011-05 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on Mav 18, 2011. Date: a~ ~ %~ ~~. ~~ r_~->- C erk of the Zo ` g Administrator City of Santa Ana Resolution No. 2011-05 Page 3 of 7 • Conditions for Conditional Use Permit No. 2011-09 Conditional Use Permit No. 2011-09 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 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. Conditional Use No. 97-15 and associated findings and conditions shall become null and void should Conditional Use Permit No. 2011-09 be approved. 2. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2010-3. • 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 5. The alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. 6. Submit a planned sign program for review and approval to include regulation of temporary signs, window signs, freestanding and wall signs as permitted by Chapter 41-860. Exhibit A Page 1 of 4 Resolution No. 2011-05 Page 4 of 7 7. There shall be no gaming devices, such as pool tables, pinball machines, motion picture booths, etc. 8. There shall be no conduct or entertainment allowed on the premises as prohibited by Chapter 12 of the Santa Ana Municipal Code (SAMC). 9. The trash enclosure area must be cleaned and be kept in clean condition at all times. 10. There shall be no parking on designated Fire Department fire lanes or any other prohibited areas. 11. There shall be no outdoor sales or consumption of alcohol. B. Police Department 1. The existing restaurant and the entire parking lot of the restaurant must conform with 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. n U 2. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, condition 1 must be complied with. 3. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 4. The cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 5. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 6. Window displays and racks must be kept to a maximum height of three feet including merchandise. 7. Install a silent armed robbery alarm. 8. Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00 a.m. Exhibit A Page 2 of 4 Resolution No. 2011-OS Page 5 of 7 9. There shall be no live entertainment, amplified music, strolling musicians or • dancing permitted on the premises at any time. A juke box is allowed as background ambient noise so long as the noise level is not audible beyond twenty (20) feet of the business. 10. The subject alcoholic beverage license shall not be exchanged for a public premises type of license nor operate as a public premises. 11. 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. 12. There shall be no coin-operated games or pool table maintained on the premises at any time. 13. 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. 14. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. • 15. The sale of beer and/or wine for consumption off the premises is prohibited. 16. All pay telephones shall be located on the interior of the premises. All interior pay telephones must be designed to allow outgoing calls only. 17. The petitioner(s) shall be responsible for maintaining the premises free of litter, including the area adjacent to the premises over which he has control. 18. There shall be no fixed bar or counter at which the service and consumption of alcoholic beverages is allowed. 19. The service of alcoholic beverages shall be by waiter/waitress service only 20. At all times when the premises are open for business, the sale and service of alcoholic beverages shall be made only in conjunction with the sale and service of food. 21. The premises shall be maintained as a bona fide eating establishment and shall provide a menu containing an assortment of foods normally offered in such restaurants. Exhibit A Page 3 of 4 Resolution No. 2011-05 Page 6 of 7 • 22. Conditional Use Permit No. 2011-09 shall be reviewed at six months by the Zoning Administrator and at 90 days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 23. Ancillary music shall not be audible beyond the area under the control of the licensee. 24. Neither the licensee, nor any person or entity operating the premises with the permission of the licensee, shall violate the City's adult entertainment ordinance contained in SAMC Section 12-1 and 12-2. 25. The premises shall not be operated as an adult entertainment business as such term defined in SAMC Section 41-1701.6. 26. Alcoholic beverages may not be sold through self-service displays or coolers, which are the open display of alcoholic beverages accessible to the public without the assistance of a clerk. 27. This land use authorization is only for a Type 41 on-sale beer and wine, public eating place. Any other license use at this location will require a new land use clearance. 28. Atimed-access cash controller or drop safe must be installed. Exhibit A Page 4 of 4 Resolution No. 2011-OS Page 7 of 7