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HomeMy WebLinkAbout20090520_2009-03_400NBroadway• RESOLUTION NO. 2009-03 KO - 5/14109 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2009-05 AS CONDITIONED FOR THE PROPERTY LOCATED AT 400 NORTH BROADWAY 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. 2009-05 for a Type 47 (on-sale general) Alcoholic Beverage Control (ABC) license to allow the sales of beer, wine and distilled spirits for the property located at 400 North Broadway. • B. In August 2007, Conditional Use Permit No. 2007-11 for a Type 41 ABC license to allow the sale of beer and wine for the property located at 400 North Broadway was approved. C. Conditional Use Permit No. 2009-05 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on March 11, 2009 at that time the Zoning Administrator continued the matter indefinitely. On May 20, 2009 Conditional Use Permit No. 2009-05 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing. D. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption. E. 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 community? The proposed alcohol beverage license use will provide an ancillary service to the restaurant and thereby benefit the community by providing an additional food-related amenity at the eating establishment. Conditions have been placed on the alcoholic beverage control license by both the Planning Resolution No. 2009-03 Page 1 of 8 . Division and Police Department which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Policy 5.5 of the Land Use Element encourages developments that are compatible and supportive of surrounding land uses. 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 on-premise beer, wine, and distilled spirits license at The Crosby restaurant will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negative or adverse impacts. The sale of alcoholic beverages will occur inside of the premises and is incidental to the restaurant use. Policy 2.5 of the Land Use Element encourages supporting projects that balance the economic and fiscal benefits of commercial development with its impacts on the quality of life in the City. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? • The Crosby restaurant is situated in the downtown district and is located within the historic Philips Block building. Alcoholic beverages on the menu at The Crosby restaurant will increase the patronage to the restaurant, thereby enhancing the profitability of the business and identifying the use and site as economically stable and viable for the surrounding properties in the area. Additionally, several eating establishments with alcohol beverage licenses are currently located within the downtown and have not negatively impacted the surrounding residential and business community. Policy 2.7 of the Land Use Element encourages projects that contribute to the redevelopment and revitalization of the central city urban areas. 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, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code [SAMC]. Section 41-196(a) requires that an approved conditional use • permit is required in order for establishments to sell alcoholic beverages. Resolution No. 2009-03 Page 2 of 8 • 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. Additionally, the property is located within the District Center (DC) land use designation which emphasizes the area as a major commercial corridor for the City. F. 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. 2008-232 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. 2009-05 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. After final • approval of Conditional Use Permit No. 2009-05, the previous Conditional Use Permit No. 2007-11 for the project shall be revoked and become void. 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 March 11, 2009 and exhibits attached hereto; the Request for Zoning Administrator Action dated May 20, 2009 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 20th day of March, 2009 Sergio Zoning • Resolution No. 2009-03 Page 3 of 8 • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee Otto Assistant 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. 2009-03 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on May 20, 2009. r'yJ/--- Date: CI [ls-of-th oning dministrator City of Santa Ana • Resolution No. 2009-03 Page 4 of 8 • Conditions for Approval for Conditional Use Permit No. 2009-05 Conditional Use Permit No. 2009-05 is approved subject to the 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 rior 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. After final approval of Conditional Use Permit No. 2009-05, the previous Conditional Use Permit No. 2007-11 for the project shall be revoked and become void. • 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. 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. The restaurant shall provide a grease interceptor and garbage disposal. 6. The project shall remain in compliance with Site Plan Review (DP No. 08- 79). • Exhibit A Page 1 of 4 Resolution No. 2009-03 Page 5 of 8 • B. Police Deuartment 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. Food service and menus shall be available at all times at the food counter. 3. 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. 4. 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. 5. 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. 6. There shall be no pool tables, coin-operated games, or video machines maintained upon the premises at any time. • 7. There shall be no public telephones located on the exterior of the premises. All interior pay phones shall allow outgoing calls only. 8. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 9. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. All graffiti must be removed within 24 hours of occurrence. 10. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 11. 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). 12. The applicant(s) shall post and maintain a professional quality sign prohibiting the consumption of alcoholic beverages outside the licensed premises. • 13. The applicant(s) shall place a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, on the exterior of the premises. Exhibit A Page 2 of 4 Resolution No. 2009-03 Page 6 of 8 • 14. It shall be the applicant(s) responsibility to ensure that CPC Section 602 is complied with at all times that the premises are in operation. 15. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 2:00 a.m. 16. The applicant shall not require an admission charge, a cover charge or donation, nor shall there be a requirement to purchase a minimum number of drinks. 17. The applicant(s) shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, donation, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. 18. There shall be no dancing on the premises. 19. Noise/ambient music shall not be audible beyond 10 feet from the exterior of the tenant space in any direction. 20. Except in case of emergency or to permit deliveries, the north and south doors shall be kept closed at all times during operation of the premises. • 21. This land use authorization is only for a Type 47 on-sale beer, wine and distilled spirits, public eating-place, any other license use at this location will require a new land use clearance. 22. The subject alcoholic beverage license shall not be exchanged for a public premises type license nor operated as a public premises. 23. 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. 24. 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. 25. This conditional use permit shall be formally reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 26. Existing restaurant 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. Exhibit A Page 3 of 4 Resolution No Zoos-03 Page 7 of 8 • 27. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, Condition 26 must be complied with. 28. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 29. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 30. Window displays and racks must be kept to a maximum height of three feet including merchandise. 31. A drop safe must be installed. 32. Interior displays and racks must be kept to a maximum of five feet including merchandise. 33. Install a silent armed robbery alarm. 34. 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. 35. Food service and menus must be made available at all times that 'happy hour' reduced price promotions are offered. • Resolution No. 2009-03 Page 8 of 8 Exhibit A Page 4 of 4