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HomeMy WebLinkAbout2003-56u RESOLUTION NO. 2003-56 Koo-1 /9/04 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2003-37 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 100 SOUTH MAIN 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. Conditional Use Permit No. 2003-37 came before the Zoning Administrator of the City of Santa Ana for a public hearing on December 10, 2003. B. The applicant is requesting approval of Conditional Use Permit No. 2003- 37 for a Type 47 Alcoholic Beverage Control license to allow the on- • premise sale of beer, wine and distilled spirits at Original Mike's Restaurant located at 100 South Main Street. C. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to grant a conditional use permit upon making certain findings. 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 use will provide an ancillary service to the restaurant and thereby benefit the community by providing an additional food-related amenity at an eating establishment. Conditions have been placed on the alcoholic beverage control license that 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 alcohol license will not be detrimental to persons residing or working in the area because the use, as • conditioned, will not create any negative or adverse impacts. Resolution No. 2003-56 Page 1 of 6 • The sale of alcoholic beverages is incidental to the restaurant use. Alcoholic beverage sales will occur inside of the premises and the outside patio area, which is enclosed by a wrought iron fence. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The 1.7-acre site contains a historic building which has been vacant for several years and has been rehabilitated for adaptive reuse. The addition of alcoholic beverages to the menu at the proposed restaurant 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 41 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 41 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. Restaurants and ancillary uses such as alcoholic beverage control licenses are permitted within the General Commercial (C2) zoning district and the General Commercial (GC) General Plan designation. Additionally, the use as conditioned is in compliance with the regulations identified in the zoning code. D. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2003-100 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby, approves Conditional Use Permit No. 2003-37 as conditioned in Exhibit "A" attached hereto and incorporated herein. Conditional Use Permit No. 2003-37 shall become effective after the City Council of the City of Santa Ana approves and adopts Amendment Application No. 2003-09, Specific Development No. 72 and Conditional Use Permit No. 2003-31. Should the City Council fail to approve and adopt Amendment Application No. 2003-09, Specific Development No. 72 and Conditional Use Permit No. 2003-31, with six (6) months of the date of this approval, Conditional Use Permit No. 2003-37 shall be null and void and of no further effect. • Resolution No. 2003-56 Page 2 of 6 • ADOPTED this 10th day of December 2003. ~%~''~~ Kenneth Adams Zoning Administrator APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ~~n r~/,~, ~' Kylee O. O to Deputy Qity Attorney • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2003-56 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on December 10, 2003. Date: ~'~~v 7` ~- Clerk of the Zoning Adminis for City of Santa Ana • Resolution No. 2003-56 Page 3 of 6 • Conditions for Approval for Conditional Use Permit No. 2003-37 Conditional Use Permit No. 2003-37 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 rior 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. 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 and the Planning Commission must include the following items: • a. One conventional range/oven b. An automatic dishwasher 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. The restaurant shall provide a grease interceptor and garbage disposal. 5. The project shall remain in compliance with Site Plan Review (DP No. 03- 18). 6. This conditional use permit will not be in affect until Amendment Application No. 2003-09, Specific Development No. 72 and Conditional Use Permit No. 2003-31 are approved. 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. Alcohol sales at the food counter shall be in conjunction with food service at all times. Exhibit A Page 1 of 3 • 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 beuerage food. (Modified by the Zoning Administrator on December 10, 2003.) 4. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 5. There shall be no live entertainment, amplified music, or dancing on the premises at any time. 6. Any background music or noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 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, with the exception of the pedestrian plaza as indicated in Condition No. 23, under the control of the applicant(s). (Modified by the • Zoning Administrator on December 10, 2003.) 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. 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. (Modified by the Zoning Administrator on December 10, 2003.) 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. 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. • Exhibit A Page 2 of 3 • 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. This land use authorization is only applicable to a type 47 on-sale general, public eating-place only. Any other type of license use at this location will require a new land use clearance. 17. This conditional use permit shall be reviewed by the Police Department after 90 days, six months and one year, and annually thereafter for modifications or violations of any of the conditions. 18. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board all conditions must be complied with. 19. The vestibule entry to the building shall be the primary entrance to the restaurant. This entrance shall include an interior sound curtain to mitigate interior restaurant ambient noise levels to the exterior. 20. The side door(s) on the west side of the building shall be kept closed at all times during the operation of the premises except in cases of emergency, normal entering and exiting of patrons and to permit deliveries. 21. Petitioner will install a silent armed robbery alarm. (Modified by the • Zoning Administrator on December 10, 2003.) 22. The petitioner(s) shall place a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, on the exterior of the premises. It shall be the petitioner(s) responsibility to ensure that CPC Section 602 is complied with at all times that the premises are in operation. (Modified by the Zoning Administrator on December 10, 2003.) 23. Should the pedestrian plaza be used for serving purposes, a site plan shall be submitted to the City for review and approval indicating the service area be limited to 24 seats, six tables, and four chairs per table (24 patrons) in the designated 50-foot by 125-foot plaza area. The pedestrian plaza shall be enclosed with a minimum 36-inch high, wrought iron fence that will include an existing wall on the side of the plaza. The fence enclosure shall include a gate that will meet uniform building egress/ingress codes with a minimum setback from public right-of-way of five feet. (Modified by the Zoning Administrator on December 10, 2003.) • Exhibit A Page 3 of 3