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ROH — 11/5/08
RESOLUTION NO. 2008-17
A RESOLUTION OF THE ZONING ADMINISTRATOR
OF THE CITY OF SANTA ANA APPROVING
CONDITIONAL USE PERMIT NO. 2008 -28 AS
CONDITIONED FOR THE PROPERTY LOCATED AT
1945 EAST SEVENTEENTH STREET, SUITE 109
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. 2008-
28 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 1945 East Seventeenth Street, Suite 109.
• B. Conditional Use Permit No. 2008 -28 came before the Zoning
Administrator of the City of Santa Ana for a public hearing on October
22, 2008. On October 22, 2008 the Zoning Administrator continued
the hearing on Conditional Use Permit No. 2008 -28 to November 5,
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. 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:
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 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
is negatively affect the surrounding community as
conditions of approval have been included to reduce
Resolution No. 2008 -17
Page 1 of 6
potential impacts and avoid the potential for 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 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 location and orientation of the building
will reduce the potential for negatively impacting the
surrounding businesses and residents. Additionally,
the installation of directional signage at the entrance to
the driveway and drive aisles restricting parking in the
rear of the building will further reduce any potential
noise impacts from the restaurant use on the
surrounding residences.
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 and service uses. The approval of a fast - 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.
Resolution No. 2008 -17
Page 2 of 6
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. 2008 -141 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. 2008-
28 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 Adrinistrator
Action dated October 22, 2008 and exhibits attached thereto; the Request for
Zoning Administrator Action dated November 5, 2008 and exhibits attached thereto;
and the public testimony, all of which are incorporated herein by this reference.
ADOPTED this 5th day of November, 2008
Sergi I tz I
0
Zoning Ad �iist'ator
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Ryan O. ,H6d6
Deputy '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. 2008 -17 to be the original resolution
adopted by the Zoning Administrator of the City of Santa Ana on November 5,
2008.
Date: /��� /J(:�s
• r o the Zoning Administrator
City of Santa Ana
Resolution No. 2008 -17
Page 3 of 6
•
•
•
Conditions for Approval for Conditional Use Permit No. 2008 -28
Should Conditional Use Pen-nit No. 2008 -28 be approved, the project shall cornply
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. The project shall remain in compliance with Site Plan Review (DP
No. 08 -48).
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. Install directional signage at the entrance to the driveway adjacent
to Chipotle restaurant and at the entrance to the rear drive aisles
indicating that parking in the rear is restricted to medical office
patrons only beginning at 6:00 p.m.
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.
Resolution No. 2008 -17
,Page 4 of 6
5. Any background music or noise 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.
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 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 11:00 a.m. and 10:00 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 is in operation.
Resolution No. 2008 -17
,Page 5 of 6
18. This land use authorization is only for a Type 47 on -sale general,
• 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 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. 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. A timed- access cash controller or drop safe must be installed.
28. Install a silent armed robbery alarm.
29. 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.
Resolution No. 2008 -17
, Page 6 of 6
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 -17
Conditional Use Permit No. 2008 -28) in this action by placing a true copy
thereot enclosed in sealed envelopes ad dressed as follows:
Elizabeth Valerio
5858 Wilshire Boulevard, #203
Los Angeles, CA 90036
[ ] 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 25, 2008 at Santa Ana, California.
r1JOCELYN MAGALONA
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