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HomeMy WebLinkAbout20090429_2009-02_1307SMainSt• RESOLUTION NO. 2009-02 ROH - 4123/09 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2009-07 AS CONDITIONED FOR A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1307 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. 2009-07 for a Type 41 (on-sale beer and wine) Alcoholic Beverage Control license for the property located at 1307 South Main Street. B. Conditional Use Permit No. 2009-07 came before the Zoning Administrator of the City of Santa Ana for a public hearing on April 29, 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 license (ABC) for EI Camaron Loco Restaurant will provide a service to the community by providing an additional amenity at a bona fide eating establishment. Conditions have been placed on the proposed on-premise alcoholic beverage license that will mitigate potential impacts created by the use and ensure that the use will not negatively affect the adjacent commercial and residential area. • 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 Type 41 on-premise beer and wine liquor license will not be detrimental to persons residing and working Resolution No. 2009-02 Page 1 of 6 • in the area because the on-premise sale of alcoholic beverages, as conditioned, will not create any negative or adverse impacts. The sales of alcoholic beverages will occur inside of the premise 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? EI Camaron Loco Restaurant is located in a district with a mixture of commercial and residential uses that are suitable for the proposed use. The on-premise beer and wine liquor license is expected to bring additional patrons to the restaurant and adjacent businesses, which will assist the economic viability of the adjacent commercial and residential area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As proposed, the Type 41 on-sale beer and wine liquor license will be in compliance with all applicable conditions imposed on an establishment selling liquor, including Chapter 41 of the Santa Ana Municipal Code, and other state and local regulations. 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 on-premise alcoholic licenses are permitted within the General Commercial (GC) General Plan land use designation. The proposed project is not located in a specific plan area of the City. 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 allows the permitting of existing structures. Categorical Exemption Environmental Review No. 2008-224 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. 2009-07 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 April 29, 2009, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. C7 Resolution No. 2009-02 Page 2 of 6 • ADOPTED this 29th day of April, 2009 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ~~ Ryan . Ho e Deputy ity Attorney • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2009-02 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on April 29, 2009. Date: ~ 3 '~~ 'r~~ , Clerk of the Zoning A ' trator City of Santa Ana r, ~. - Resolution No. 2009-02 Page 3 of 6 • Conditions for Approval for Conditional Use Permit No. 2009-07 Conditional Use Permit No. 2009-07 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 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 08-75. 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. 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 food. 3. At all times that the premises is open for business, menus and food service shall be made available at the food counter. 4. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 5. Noise/ambient music shall not be audible beyond 20 feet from the exterior of the premises in any direction. - 6. There shall be no live entertainment, amplified music or dancing on the premises. Exhibit A Resolution No. 2009-02 Page 1 of 3 Page 4 of 6 • • • 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(s). 10. The applicant(s) shall place a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602 on the exterior of the premises. 11. It shall be the applicant(s) responsibility to ensure that CPC 602 is complied with at all times that the premises is in operation. 12. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 13. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. 14. There shall be no pool tables, coin-operated games, or video machines maintained upon the premises at any time. 15. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. 16. 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. 17. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 10:00 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. 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 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. Exhibit A Resolution No. 2009-02 Page 2 of 3 Page 5 of 6 • r ~ L_J 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 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. 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. 29. The service of alcoholic beverage shall be by a waiter or waitress only. 30. All rear doors shall remain closed at all times except to permit deliveries or in case of emergency. 31. The hours of operation shall not exceed 8:00 a.m. to 10:00 p.m. Sunday through Thursday and from 8:00 a.m. to 11:00 p.m. on Friday and Saturday. 32. The applicant shall arrange for trash pick-up twice a week. Exhibit A Page 3 of 3 Resolution No. 2009-02 Page 6 of 6