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HomeMy WebLinkAbout20080416_2008-05_2HuttonCentreDrSuite203U ROH — 4/9/08 RESOLUTION NO. 2008-05 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008 -06 AS CONDITIONED FOR THE PROPERTY LOCATED AT 2 HUTTON CENTRE DRIVE, SUITE 203 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- 06 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 2 Hutton Centre Drive, Suite 203. • B. Conditional Use Permit No. 2008 -06 came before the Zoning Administrator of the City of Santa Ana for a public hearing on April 16, 2008. On April 9, 2008 it was continued to April 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: 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 Alto I'talia 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 reduce potential negative impacts • and avoid the potential of an attractive nuisance being established. Resolution No. 2008 -05 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 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. In addition, all consumption of alcoholic beverages will occur within the building, 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 contains a 13,600 square foot commercial building that is suitable for the proposed project. Numerous restaurants are currently located within the building. The reoccupation of the space with a restaurant use identifies 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. 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 • existing use. Categorical Exemption Environmental Review No. 2008 -54 will be filed for this project. Resolution No. 2008 -05 Page 2 of 6 • Section 2. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2008- 06 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 April 16, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. • ADOPTED this 16th day of April, 2008 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan �,Hodg Deputy'�ity 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 -05 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on April 16, 2008. Date: Clerk of the Zoning A ministrator City of Santa Ana Resolution No. 2008 -05 Page 3 of 6 0 Conditions for Approval for Conditional Use Permit No. 2008 -06 Conditional Use Permit No. 2008 -06 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 Standards 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 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 08 -03. 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. :7 B. Police Department 1. This land use authorization is only applicable to a Type 47 on -sale beer and wine, public eating - place. Any other type of license use at this location will require a new land use clearance. 2. 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. 3. 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. 4. Live entertainment, amplified music or dancing is prohibited on the premises at all time. 5. Noise and /or ambient music shall not be audible beyond 20 feet from the exterior of the premises in any direction. Exhibit A Resolution No. 2008 -05 Page 4 of 6 • 6. 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. 7. 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). 8. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under control of the licensee. 9. There shall be no public telephones located on the exterior of the premises. All interior payphones are to be designed to allow outgoing calls only. 10. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 11. Pool tables, video machines or coin - operated games shall not be is maintained upon the premises at any time. r� U 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 sale of alcoholic beverages for consumption off the premises is strictly prohibited. 15. 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. 16. The existing restaurant and required parking within 60 feet of the suite 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. Resolution No. 2008 -05 Page 5 of 6 • 17. Prior to issuance of a letter of approval to the Alcohol Beverage Control Board, Condition No. 16 must be complied with. 18. 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. 19. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 20. Window displays and racks must be kept to a maximum height of three feet including the merchandise. 21. A timed access cash controller or drop safe must be installed. 22. Install a silent armed robbery system. 23. 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 Sections 12 -1 and 12 -2. • 24. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 0 25. The conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modifications to the conditions of approval. 26. The licensee shall prominently post a sign advising patrons that alcoholic beverages are not permitted to be consumed outside the licensed premises. (Added by the Zoning Administrator on April 16, 2008) Resolution No. 2008 -05 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 -05 (Conditional Use Permit No. 2008 -06) in this action by placing a true copy thereof enclosed in sealed enve opes addressed as follows: Jennifer Wilson West Coast Hospitality 14152 Windsor Place Santa Ana, CA 92705 [ ] 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 April 29, 2008 at Santa Ana, California. JOCELYN AG 0