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ROH — 4/23/08
RESOLUTION NO. 2008 -07
A RESOLUTION OF THE ZONING ADMINISTRATOR
OF THE CITY OF SANTA ANA APPROVING
CONDITIONAL USE PERMIT NO. 2008 -09 AS
CONDITIONED FOR THE PROPERTY LOCATED AT
3751 SOUTH HARBOR BOULEVARD, SUITE C
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-
09 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 3751 South Harbor Boulevard, Suite C.
B. Conditional Use Permit No. 2008 -09 came before the Zoning
Administrator of the City of Santa Ana for a public hearing on April 30,
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
community?
The proposed Alcoholic Beverage Control license
(ABC) for 8 Steers 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.
Resolution No. 2008 -07
Page 1 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 Type 47 on- premise general liquor
license will not be detrimental to persons residing and
working 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?
8 Steers Restaurant is located in a district with a
mixture of commercial and industrial uses that are
suitable for the proposed use. The on- premise general
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 industrial area.
• 4. Will the proposed use comply with the regulations and
conditions specified in Chapter 41 for such use?
As proposed, the Type 47 on -sale general 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
Industrial (IND) General Plan land use designation.
"rhe proposed project is not located in a specific plan
area of the City.
E. In accordance with the California Environmental Quality Act (Title 14
of the California Code of Regulations, Section 15301), the project is
• exempt from further review. The Class 1 exception allows for minor
alterations, such as a new license, where there is no expansion of an
Resolution No. 2008 -07
Page 2 of 6
• existing use. Categorical Exemption Environmental Review No.
2007 -199 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-
09 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 Requests for Zoning Adrninistrator
Action dated April 30, 2008 and exhibits attached thereto; and the public testimony,
all of which are incorporated herein by this reference.
ADOPTED this 301h of April, 2008
• APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Ryan Hod
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 -07 to be the original resolution
adopted by the Zoning Administrator of the City of Santa Ana on April 30, 2008.
Date: 5/t 3�2 S---
�ZA g Ad m
City of Santa Ana
Resolution No. 2008 -07
Page 3 of 6
Conditions for Approval for Conditional Use Permit No. 2008 -09
Conditional Use Permit No. 2008 -09 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 Uniform Fire
Code, the Uniform Building 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
All proposed site improvements must conform to the Site Plan
Review approval of DP No. 07 -73.
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 premise 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 premises shall be maintained as a bona fide eating
establishment and shall provide a menu containing an assortment
of foods normally offered in restaurants.
5. The quarterly gross sales of alcoholic beverages shall not exceed
the gross sales of food during the same period.
Resolution No. 2008 -07
Page 4 of 6
• 6. 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.
7. There shall be no pool tables, coin - operated games, or video
machines maintained upon the premises at any time.
8. 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.
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 sale of alcoholic beverages for consumption off the premises is
strictly prohibited.
11. The petitioner(s) shall be responsible for maintaining the premises
free of graffiti. All graffiti must be removed within 24 hours of
occurrence.
12. 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).
13. 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.
14. There shall be no live entertainment, amplified music or dancing on
the premises.
15. Noise /ambient music shall not be audible beyond 20 feet from the
exterior of the premises in any direction.
16. The applicant(s) shall post and maintain a professional quality sign
in the parking lot prohibiting the consumption of alcoholic
beverages outside the licensed premises.
17. The applicant(s) shall place a placard prohibiting loitering, pursuant
to California Penal Code (CPC) Section 602 on the exterior of the
premises.
18. It shall be the applicant(s) responsibility to ensure that CPC Section
602 is complied with at all times that the premises are in operation.
Resolution No. 2008 -07
Page 5of6
t 19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. Prior to issuance of Letter of Approval to the Alcohol Beverage
Control Board condition 23 must be complied with.
25. Cash register must be visible from the street at all times and shall
not be obstructed at any time by temporary or permanent signage.
26. Window displays must be kept to a minimum for maximum visibility
and shall not exceed 25 percent of window coverage.
27. Window displays and racks must be kept to a maximum height of
three feet including merchandise.
28. A timed - access cash controller or drop safe must be installed.
29. Install a silent armed robbery alarm.
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Resolution No. 2008 -07
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 92701.
I served the foregoing document described as: Resolution No. 2008 -07
(Conditional Use Permit No. 2008 -09) in this action by placing a true copy
thereot enclosed in sealed envelopes addressed as follows:
Connie Ho
8 Steers, LLC
3751 South Harbor Blvd., Suite C
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 May 13, 2008 at Santa Ana, California.
1'1�
JOCELYN M NG LO
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