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HomeMy WebLinkAbout20090701_2009-06_1945ESeventeenthStUnit108• bk:6/12/09 RESOLUTION NO. 2009-06 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2009-14 AS CONDITIONED FOR A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1945 EAST SEVENTEENTH STREET, UNIT 108 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. 2009-14 for a Type 41 (on-premise consumption of beer and wine) Alcoholic Beverage Control license for the property located at 1945 East Seventeenth Street, Unit 108. • B. Conditional Use Permit No. 2009-14 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on June 17, 2009 and was continued at that time by the Zoning Administrator to the regular meeting of July 1, 2009. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-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. Primary amongst these conditions is a • requ~-----h~.~ a,~ ac~armed state licensed security guard be Resolution No. 2009-06 Page 1 of 6 • present on the property beginning at 8:00 p.m. until all attendees have left the property. 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 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 restaurants location within a commercial center and along a commercial corridor within the City makes it an appropriate location for this type of use. Additionally, the building has been designed to have the restaurants primary entrance face 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 proposed restaurant is one tenant space within a 9.5 acre commercial development offering a variety of retail, restaurant and service uses. The approval of a casual dining restaurant • in 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. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption applies to a project that involves the licensing of an existing structure with little or no expansion involved. Categorical Exemption Environmental Review No. • 2009-39 will be filed for this project. Resolution No. 2009-06 Page 2 of 6 • Section 2. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2009-14 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 June 17, 2009 and exhibits attached thereto; the Request for Zoning Administrator Action dated July 1, 2009 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 1 st day of July, 2009 APPROVED AS TO FORM: • Joseph W. Fletcher, City Attorney Ben' min ~ ufman U Chi 1f Asgi~tant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2009-06 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on July 1, 2009. Date: _ ' `--~I"erk oft '' oning Administrator City of Santa Ana • Resolution No. 2009-06 Page 3 of 6 • Conditions for Approval for Conditional Use Permit No. 2009-14 Conditional Use Permit No. 2009-14 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. Planning Division 1. The project shall remain in compliance with Site Plan Review (DP No. 08-85). • 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 on the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. 2. 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. 3. 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. 4. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 5. Any background music or noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. • Exhibit A Page 1 of 3 Resolution No. 2009-06 Page 4 of 6 • 6. There shall be no live entertainment, amplified music or dancing on the premises. 7. There shall be no public telephones located on the exterior of the premises. 8. 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. 9. 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(sj. 10.The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 11.The petitioner(s) shall be responsible for maintaining the premises free of graffiti. 12. There shall be no pool tables, coin-operated games, or video machines maintained upon 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. 14.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. 15.The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 11:00 p.m., seven days a week. 16.The licensee shall post a placard prohibiting loitering, pursuant to California Penal Code ("CPC") section 602, on the exterior of the premises. 17. It shall be the licensee responsibility to ensure that CPC 602 is complied with at all times that the premises are in operation. 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. Exhibit A Resolution No. 2009-06 Page 2 of 3 Page 5 of 6 • • • 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 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. 23. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board condition 22 must be complied with. 24.Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 25. Window displays and racks must be kept to a maximum height of three feet including merchandise. 26. Atimed-access cash controller or drop safe must be installed. 27. Install a silent armed robbery alarm. 28. One state licensed uniformed unarmed security guard will be required in the rear parking lot from 8:00 p.m. until all attendees have left the property each day. Exhibit A Page 3 of 3 Resolution No. 2009-06