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HomeMy WebLinkAbout20100113_2010-01_1473SMainSt• RESOLUTION NO. 2010-01 bk: f 17/10 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2009-24 AS CONDITIONED FOR A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1473 SOUTH 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. Applicant is requesting approval of Conditional Use Permit No. 2009-24 for a Type 41 (on premise consumption of beer and wine at a bona-fide eating establishment) Alcoholic Beverage Control license for the property located at 1473 South Main Street. B. The request to approve Conditional Use Permit No. 2009-24 came before • the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on January 13, 2010. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for off-site consumption. D. The Zoning Administrator determines that the following findings, which must be established in order to grant a Conditional Use Permit from the provisions of the Santa Ana Municipal Code Section 41-638, have been established: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed Alcoholic Beverage Control (ABC) license for the restaurant will provide a service to the community by allowing patrons the ability to consume an alcoholic beverage with their meal at a bona-fide eating establishment. The ABC license will not negatively affect the surrounding community as conditions of approval have been included to reduce potential impacts and avoid the potential for an attractive nuisance being established. 2. Will the proposed use under the circumstances of the particular case be detrirnental to the health, safety, or general welfare of persons • residing or working in the vicinity? Resolution No. 2010-01 Page 1 of 6 • The proposed ABC license will not be detrimental to persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts. The restaurant's location within a commercial corridor makes it an appropriate location for this type of use. Additionally, the restaurant's primary entrance faces away from the adjacent residential properties which will reduce the potential for negatively impacting the surrounding businesses and residents. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The approval of an ABC license for the existing restaurant at this location will positively influence the present and future economic stability of the property by further diversifying the products and services offered in this area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable conditions of Chapter 41 of the Santa Ana Municipal Code as well as all other State and local regulations that pertain to the • sale of alcoholic beverages. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan. Restaurant and ancillary uses such as Alcoholic Beverage Control (ABC) licenses are permitted within the General Commercial (GC) General Plan land use designation. E. In accordance with the California Environmental Quality Act, the proposed project is exempt from CEQA review per Section 15301. Class 1 exemption consists of the licensing of existing private structures involving negligible or no expansion of an existing use. Categorical Exemption Environmental Review No. 2009-144 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2009-24 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth 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 January 13, 2010, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. • Resolution No. 2010-01 Page 2 of 6 • ADOPTED this 13th day of January, 2010 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney -= Cify Attorney • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk to the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2010-01 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on January 13. 2010. Date: /~~ er c to the oning Administrator City of Santa Ana Resolution No. 2010-01 Page 3 of 6 Conditions for Approval for Conditional Use Permit No. 2009-24 Should Conditional Use Permit No. 2009-24 be approved, the project shall comply 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. Planning Division 1. The project shall remain in compliance with Site Plan Review (DP No. 09- 52). r ~ J 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. 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. The service of alcoholic beverages shall be by waiter/waitress service only. 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 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. EXHIBIT A Resolution No. 2010-01 Page 4 of 6 • • C] 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. 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 payphones must be designed to allow outgoing calls only. 11. Any graffiti painted or marked upon the premises or on any adjacent area under control of the licensee(s) shall be removed or painted within 72 hours of being applied. 12. The petitioner(s) shall post a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, on the exterior of the premises. 13. 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. 14. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. 15. There shall be no live entertainment including but not limited to strolling musicians, amplified music or dancing on the premises. 16. Ambient noise/music shall not be audible beyond 20 feet from the exterior of the premises in any direction. 17. 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. 18. 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. Resolution No. 2010-01 Page 5 of 6 • r ~ L_J • 19. 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. 20. 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. 21. 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. 22. Existing restaurant and required parking east of the restaurant parallel to Edinger Avenue (angle parking) and parking area to the north (rear) must conform to the provisions of Chapter 8 (Building Security Ordinance). These code conditions will require that the existing project's lighting, doodwindow locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 23. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, Condition No. 22 must be complied with. 24. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 25. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 26. Window displays and racks must be kept to a maximum height of three feet including merchandise. 27. Atimed-access cash controller or drop safe must be installed. 28. Install a silent armed robbery alarm no later than January 13, 2011. Resolution No. 2010-01 Page 6 of 6