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HomeMy WebLinkAbout20080312_2008-04_1005SHarborBlCJ ROH — 3/14/08 RESOLUTION NO. 2008 -04 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008 -01 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1005 SOUTH HARBOR BOULEVARD 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 approval of Conditional Use Permit No. 2008- 01 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine at the restaurant located at 1005 South Harbor Boulevard. ® B. Conditional Use Permit No. 2008 -01 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on February 27, 2008. The Zoning Administrator continued the public hearing to March 5, 2008. On March 5, 2008 the Zoning Administrator continued the public hearing to March 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 approve 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 community? The proposed Alcoholic Beverage Control (ABC) license for the Contodo Mexican Grill 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 -04 Page 1 of 7 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 small commercial building that is suitable for the proposed project. Numerous restaurants were previously located within the building. The reoccupation of an existing vacant building 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 is 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. "fhe applicant is processing a variance application to allow a reduction in landscaped setbacks. 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. 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. 2007 -146 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby, approves the Conditional Use Permit No. 2008 -01 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at • the above said hearing, which includes but is not lirnited to: the Request for Zoning Administrator Action dated February 27, 2008 and exhibits attached thereto; the Resolution No. 2008 -04 Page 2 of 7 • Request for Zoning Administrator Action dated March 5, 2008 and exhibits attached thereto; the Request for Zoning Administrator Action dated March 12, 2008 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. 0 0 ADOPTED this 12th day of March, 2008. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ry, Del CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2008 -04 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana orvUarch 12, 2008. Date: .3 6 Clerk of the ZW g Administrator -City of Santa Resolution No. 2008 -04 Page 3 of 7 • Conditions for Conditional Use Permit No. 2008 -01 49 Conditional Use Permit No. 2008 -01 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 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 07 -60. 2. Conditional Use Permit No. 2008 -01 becomes in effect upon the approval of the remaining entitlements for the project (Conditional Use Permit No. 2008 - 02 and Variance No. 2008 -02). 3. 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. This land use authorization is only applicable to a Type 41 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. Exhibit A Resolution No. 2008 -04 Page 4 of 7 • 4. Alcoholic beverages may not be sold through self service dispensers, which is the open display of alcoholic beverage accessible to the public without the assistance of a clerk. 5. Live entertainment, amplified music or dancing is prohibited on the premises at all time. 6. Noise and /or ambient music 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. 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 payphones are to be designed to allow outgoing calls only. 11. The petitioner(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 shall not be 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 sale of alcoholic beverages for consumption off the premises is strictly prohibited. 16. 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. Resolution No. 2008 -04 Page 5 of 7 • 17. The parking lot 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 a letter of approval to the Alcohol Beverage Control Board, Condition No. 17 must be complied with. 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. A timed access cash controller or drop safe must be installed. 23. Install a silent armed robbery system. t 24. The applicant shall post a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, on the exterior of the premises. n LJ 25. It shall be the applicant's responsibility to ensure that CPC 602 is complied with at all times that the premise is in operation. 26. 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. 27. Neither the applicant, nor any person or entity operating the premises with the perrnission of the applicant, shall violate the City's Adult entertainment ordinance contained in SAMC Sections 12 -1 and 12 -2. 28. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 29. 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. Resolution No. 2008 -04 Page 6 of 7 • 30. Prior to certificate of occupancy, a gate shall be installed at the opening of the outdoor patio to fully enclose the patio area. Said gate shall be in compliance with any and all Building Code and Alcohol Beverage Control restrictions and requirements. (Added by the Zoning Administrator on March 12, 2008) 0 • 31. The outdoor patio fencina shall be not less than five feet in heiaht. The fencing materials shall consist of a high quality, durable material such as metal or steel cable railings and posts and a solid transparent material, with the transparent material starting at 36 inches. This fencing must be approved by the Planning Division prior to certificate of occupancy. (Added by the Zoning Administrator on March 12, 2008) Resolution No. 2008 -04 Page 7 of 7 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 -04 (Conditional Use Permit No. 2008 -01) in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Martha Gomez 3664 South Bristol Street 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 ernployer'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 March 31, 2008 at Santa Ana, California. �jOCELYN MA LONA 0