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HomeMy WebLinkAbout20080716_2008-11_410WFourthSt• ROH — 7/16/08 RESOLUTION NO. 2008 -11 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008 -26 AS CONDITIONED FOR A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 410 WEST 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. Applicant is requesting approval of Conditional Use Permit No. 2008 -26 for a Type 41 (on -sale beer and wine) Alcoholic Beverage Control license for the property located at 410 West Fourth Street. B. Conditional Use Permit No. 2008 -26 came before the Zoning Administrator • of the City of Santa Ana for a public hearing on July 16, 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: 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 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 which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 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 of beer and wine at • Tommy Pastrami will not be detrimental to persons residing or working in the area because the use, as conditioned, will not Resolution No. 2008 -11 Page 1 of 6 • create any negative or adverse impacts. The sale of alcoholic beverages will occur inside of 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 project site is located within the Downtown area and is suitable for the proposed use. Alcoholic beverages on the menu at Tommy Pastrami 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. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 4.1 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 4.1 of the Santa Ana Municipal Code. 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. C� E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with no expansion of -the existing use. Categorical Exemption Environmental Review No. 2008 -95 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 -26 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 July 16, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2008 -11 Page 2 of 6 • ADOPTED this 16th day of July, 2008 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ry Ryan d odg Deputy &ty 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 -11 to be the original resolution adopted by the r Zoning Administrator of the City of Santa Ana on July 16, 2008. Date: 3C� 10k Clerk 4the Zoning Administrator �_. City of Santa Ana Resolution No. 2008 -11 Page 3 of 6 0 Conditions for Approval for Conditional Use Permit No. 2008 -26 Conditional Use Permit No. 2008 -26 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. Planninq Division 1. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. 2. The restaurant must be maintained as a bona fide eating establishment. An eating establishment as defined by the Alcoholic Beverage Control Board isand the Planning Commission must include the following items: a. One conventional range /oven b. Three sink sanitation washing station C. A double sink d. A 25 cubic foot refrigerator e. A four -foot by six -foot food preparation area 3. The alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. 4. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board the restaurant shall provide a grease interceptor. 5. The project shall remain in compliance with Site Plan Review (DP No. 08- 33). 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. Resolution No. 2008 -11 Page 4 of 6 • 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. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 4. Any background music or noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 5. There shall be no live entertainment, amplified music or dancing on the premises. 6. There shall be no public telephones located on the exterior of the premises. 7. 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. 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 the control of the licensee. • 10. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. 11. There shall be no pool tables, coin - operated games, or video machines maintained upon the premises at any time. 12. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. 13. 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. 14. 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., seven days a week. Resolution No. 2008 -11 Page 5 of 6 . 15. This land use authorization is only for a Type 41 on -sale general, public eating - place, any other license use at this location will require a new land use clearance. 16. 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. 17. 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. 18. 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. 19. 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. 40 20. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board condition 19 must be complied with. 21. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 22. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 23. Window displays and racks must be kept to a maximum height of three feet including merchandise. 24. A timed - access cash controller or drop safe must be installed. 25. Install a silent armed robbery alarm. • Resolution No. 2008 -11 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 -11 (Conditional Use Permit No. 2008 -26) in this action by placing a true copy there—of enclosed in se a envelopes addressed as follows: Tony Kassaei 704 Larkspur Corona Del Mar, CA 92625 [ ] I caused to be delivered by courier, such envelope by hand to the office of the add ressee(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 July 30, 2008 at Santa Ana, California. JOCELY MAGALONA •