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HomeMy WebLinkAbout20081112_2008-18_3606SBristolSt• • • ROH — 11/12/08 RESOLUTION NO. 2008 -18 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AMENDING CONDITIONAL USE PERMIT NO. 2006 -22 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 3606 SOUTH BRISTOL 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 an amendment to Conditional Use Permit No. 2006 -22 for a Type 47 Alcoholic Beverage Control license to allow for the on- premise sale of beer, wine and distilled spirits for the property located at 3606 South Bristol Street. In addition to the previous entitlement, applicant is requesting the following amendments: 1. To allow indoor entertainment within the restaurant. 2. To allow wine tasting and beer service at an existing bar counter. B. Amendment to Conditional Use Permit No. 2006 -22 came before the Zoning Administrator of the City of Santa Ana for a public hearing on November 12, 2008. 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 grant 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 the community? The proposed Alcoholic Beverage Control (ABC) license and modifications to the conditions of approval for the restaurant will provide a service to the community by allowing patrons the ability to consume an alcoholic beverage with their meal. The ABC license will not negatively affect the surrounding community as conditions of approval have been included to Resolution No. 2008 -18 Page 1 of 3 reduce potential negative impacts and avoid the potential of an attractive nuisance being established. 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 and modified conditions 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. In addition, all consumption of alcoholic beverages will occur within the building or within the secured outdoor patio, 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 project site is a commercial center that is suitable for the proposed project. Numerous restaurants are currently found in Metro Town Square and the surrounding area, with this use identifying this site as a stable, viable location for businesses to exist. • 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 District Center (DC) General Plan land use designation. 2. 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 -154 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby, amends Conditional Use Permit No. 2006 -22 as conditioned in Exhibit "A" attached hereto and • incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Zoning Resolution No. 2008 -18 Page 2 of 3 • Administrator Action dated November 12, 2008, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. • ADOPTED this 12th day of November, 2008. Serg Zonii APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney i By:' ` f, Ryan :Hodg Deput �ity A rney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2008 -18 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on November 12, 2008. Date: r% -- -- rk_of_t oning Administrator City of Santa Ana Resolution No. 2008 -18 Page 3 of 3 r� is • Conditions for Approval for Amended Conditional Use Permit No. 2006 -22 Should the amendment to Conditional Use Permit No. 2006 -22 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. In addition, it shall meet the following conditions: 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. Planninq Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 08 -52. 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 applicant shall work with Planning Division staff to incorporate natural stone into the fagade of the project. 4. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, all conditions must be complied with and completed. 5. All special events within the banquet area must be catered by the South Coast Winery kitchen and staff. (Added by the Zoning Administrator November 12, 2008) B. Police Department 1. This land use authorization is only applicable to a Type 44 47 on -sale distilled spirits, public eating - place. Any other type of license use at this location will require a new land use clearance. (Modified by the Zoning Administrator November 12, 2008) 2. There shall be no fixed bar or lounge area on the licensed premises maintained for the sole purpose of the sale, service or consumption of alcoholic beverages directly to patrons. Exhibit A Page 1 of 4 • 3. The sale of alcoholic beverage for consumption off the premises is strictly limited to products made by the operator of the South Coast Winery Restaurant. In -the event another party commences operation at this or any other restaurant within this tenant space, the sale of alcoholic beverages for consumption off the premises is strictly limited to products made by the new operator. 4. Live entertainment, amplified FnUSOG er danGing is prohibited on the er�+ses shall consist of a maximum of four non - amplified musicians. (Modified by the Zoning Administrator November 12, 2008) 5. Non - amplified music or public dancing is prohibited on the premises at any time. 6. Any background music or noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 7. Exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages, is prohibited, except for the business name. 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 control of the licensee. 10. There shall be no public telephones located on the exterior of the premises. All interior telephones must be designed to allow outgoing calls only. 11. The applicant(s) shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 12. Pool tables, video machines or coin- operated games cannot be maintained upon the premises at any time. 13. The quarterly 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. Food SeFVOGe and menus shall be available -at all tkner, at the wine tasting GOunter. (Modified by the Zoning Administrator November • 12, 2008) Exhibit A Page 2 of 4 • 15. Food service and menus shall be available at all times at the bar and wine tasting counter. (Added by the Zoning Administrator November 12, 2008) 16. The sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. and 2:00 a.m. (Modified by the Zoning Administrator November 12, 2008) 17. Existing required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code. These code conditions will require that the existing project's lighting be upgraded to current code standards. Light standards cannot be located in required landscape planters. 18. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, all conditions must be complied with and completed. 19. The 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 the merchandise. • 22. Interior displays and racks must be kept to a maximum height of five feet, including the merchandise. 23. A timed - access cash controller must be installed. 24. Install a silent armed robbery alarm. 25. The premises must comply with all the provisions contained in SAMC 4.1- 199 at all times that banquet services are provided. 26. The conditional use permit shall be reviewed at 90 days by the Police Department, six months and at one year by the Zoning Administrator, and then annually thereafter by the Police Department for any modifications to the conditions of approval. Exhibit A Page 3 of 4 0 27. At all tuFnes, ar stools s all be prohibited at the wiRe tasting E ;enrteF. (Deleted by the Zoning Administrator November 12, 2008) E • 28. Beer sales shall be pmhihiterl at the wine tasting nnunter. (Deleted by the Zoning Administrator November 12, 2008) Exhibit A Page 4 of 4 • PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd Floor, Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2008 -18 (Conditional Use Permit No. 2006 -22) in this action by placing a true copy the-re-5T enclosed in sealed envelopes addressed as follows: Lawna Munholland Metro Town Square LLC 3719 South Plaza Drive Santa Ana, CA 92704 [ ] I. caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with • U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 26, 2008 at Santa Ana, California. CJ �AL06NA •