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HomeMy WebLinkAboutZA PACKET 11-16-2011If you need special assistance to participate in this Zoning Administrator meeting, please contact Ellen Smiley, City ADA Program Coordinator, at (714) 647-5340. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Members of the public are allowed three (3) minutes to speak on each agenda item, but when any group desires to address the committee, the committee may request that its members agree on a spokesperson to make the presentation. ZONING ADMINISTRATOR PUBLIC HEARING November 16, 2011 City Hall Ross Annex Second Floor Conference Room 20 Civic Center Plaza, Santa Ana, CA 92701 CALL TO ORDER: 10:30 a.m. Zoning Administrator: Vince Fregoso Recording Secretary: Jocelyn Magalona 1. CONDITIONAL USE PERMIT NO. 2011-23 (Ali Pezeshkpour) (Continued by Zoning Administrator: November 9, 2011 to November 16, 2011) Filed by Hector Silva, on behalf of Northgate Gonzalez Market, to allow a Type 21 Alcoholic Beverage Control (ABC) license for the off premise sale of beer, wine and distilled spirits at 409 East Fourth Street located in the Downtown (SD84) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: October 28, 2011 PUBLICLY NOTICED: October 27, 2011 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2011-23 as conditioned. 2. CONDITIONAL USE PERMIT NO. 2011-11 (Hally Soboleske) Filed by Carlos Guaman, on behalf of Tacos & Mariscos Sinaloa 2 restaurant, to allow a Type 41 Alcoholic Beverage Control (ABC) license for the on premise sale of beer and wine at 1620 East First Street, Unit A located in the General Commercial (C2) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: November 4, 2011 PUBLICLY NOTICED: November 4, 2011 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2011-11 as conditioned. 3. Public Comments Adjournment Resolution No. 2011-XX Page 1 of 5 ROH – 11/16/11 RESOLUTION NO. 2011-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2011-23 FOR A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 409 EAST FOURTH 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. The applicant is requesting approval of Conditional Use Permit No. 2011-23 for a Type 21 Alcoholic Beverage Control license, which allows the sale of beer, wine, and distilled spirits for off-premise consumption, for the property located at 409 East Fourth Street. B. Conditional Use Permit No. 2011-23 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on November 9, 2011. At that time, the Zoning Administrator continued the matter for a public hearing on November 16, 2011. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages. D. The Zoning Administrator determines that the following findings, which must be established in order to grant a Conditional Use Permit pursuant to 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 Alcoholic Beverage Control (ABC) license will provide an additional service and convenience to the community by allowing patrons the ability to purchase alcoholic beverages in conjunction with groceries as well as a variety of general merchandise to the general public. The ABC license will not negatively affect the surrounding community as Resolution No. 2011-XX Page 2 of 5 conditions of approval have been included to reduce potential impacts and avoid the potential for an attractive nuisance being established. By adding beer, wine, and distilled spirits to the other items already offered in the store, Northgate can better serve the community by providing added convenience and a one- stop shopping experience. 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. Northgate is an established grocery chain with established policies and procedures including an employee training program focused on security and alcohol responsibility which will ensure that beer, wine, and distilled spirits sales are handled in a responsible manner. 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 retail establishment at this location will positively influence the present and future economic stability of the property by further diversifying the products and services offered within the store and area in general. Further, this will allow Northgate to remain competitive with similar uses in the area which offer beer, wine, and distilled spirits sales as part of their retail operations. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? The proposed alcohol license will be in compliance with all applicable conditions of Chapter 41 of the Santa Ana Municipal Code regarding off-premise general liquor licenses. Conditions of approval have been added to ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does Resolution No. 2011-XX Page 3 of 5 not impact neighboring properties or create an attractive nuisance. 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. Retail establishments and regulated uses such as Alcoholic Beverage Control (ABC) licenses are permitted within the District Center (DC) General Plan land use designation. The project is consistent with Goals 2 and 5 of the Land Use Element of the City’s General Plan which promote land uses that enhance the City’s economic and fiscal viability and that mitigate any potential impacts. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2011-45 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. 2011- 23. This decision is based upon the evidence submitted at the abovesaid hearings, which includes, but is not limited to: the Request for Zoning Administrator Action dated November 9, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 16th day of November, 2011. _______________________ Vince Fregoso Zoning Administrator APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By:________________________ Ryan O. Hodge Assistant City Attorney Resolution No. 2011-XX Page 4 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2011-XX to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on November 16, 2011. Date: ________________ ____________________________________ Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2011-XX Page 5 of 5 Conditions for Conditional Use Permit No. 2011-23 Conditional Use Permit No. 2011-23 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 prior 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. 2011-19. 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 Conditions to be proposed by Police Department at a future time. Exhibit A Page 1 of 1 Resolution No. 2011-xx Page 1 of 6 ROH – 11/16/11 RESOLUTION NO. 2011-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2011-11 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1620 EAST FIRST STREET, SUITE A 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- 11 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine at the restaurant located at 1620 East First Street, Suite A. B. Conditional Use Permit No. 2011-11 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on November 16, 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-xx Page 2 of 6 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 location 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 guests and other visitors. 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. 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 Resolution No. 2011-xx Page 3 of 6 expansion of the existing use. Categorical Exemption Environmental Review No. 2011-40 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby approves Conditional Use Permit No. 2011-11 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 November 16, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 16th day of November, 2011. _______________________ Vince Fregoso Zoning Administrator APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By:________________________ Ryan O. Hodge 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. 2011-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on November 16, 2011. Date: ________________ ____________________________________ Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2011-xx Page 4 of 6 Conditions for Conditional Use Permit No. 2011-11 Conditional Use Permit No. 2011-11 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 prior 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. 2011-11. 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. 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 which is the maximum allowed by Government Code. B. Police Department 1. 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. 2. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. Exhibit A Page 1 of 3 Resolution No. 2011-xx Page 5 of 6 3. 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 on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 4. 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. 5. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 6. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 7. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 8. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. 9. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. and 10:00 p.m. 10. Music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 11. The petitioner(s) shall post a placard prohibiting loitering, pursuant to California Penal Code (“CPC”) section 602, on the exterior of the premises. 12. 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. 13. This land use authorization is only for a Type 41 on-sale beer & wine, public-eating place, any other license use at this location will require a new land use clearance. 14. 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. 15. 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 Page 2 of 3 Resolution No. 2011-xx Page 6 of 6 16. 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. 17. 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. 18. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board condition 17 must be complied with. 19. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 20. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 21. Window displays and racks must be kept to a maximum height of three feet including merchandise. 22. A timed-access cash controller or drop safe must be installed. 23. Install a silent armed robbery alarm Exhibit A Page 3 of 3