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RESOLUTION NO. 2003-52
Koo-1 /13/04
A RESOLUTION OF THE PLANNING COMMISSION 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
(APPEAL NO. 2003-11)
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. 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.
• B. 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.
1. The Zoning Administrator approved the Conditional Use Permit as
conditioned.
2. The applicant appealed the Zoning Administrator's decision
because of several conditions imposed by the Zoning
Administrator.
C. Conditional Use Permit No. 2003-37 (Appeal No. 2003-11) came before
the Planning Commission of the City of Santa Ana for a public hearing on
December 22, 2003.
D. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant 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 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
Resolution No. 2003-52
Page 1 of 7
• 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.
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.
E. 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.
Resolution No. 2003-52
Page 2 of 7
• Section 2. The Planning Commission 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, within
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.
ADOPTED this 22"d day of December 2003 by the following vote:
AYES: Commissioners: De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Cribb (1)
ABSTENTIONS: Commissioners: None (0)
•
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: ~ ~~
Kylee O. tto
Deputy ' y Attorney
Resolution No. 2003-52
Page 3 of 7
Chairperson
•
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No.2003-52 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on December 22, 2003.
Date: ~~
Clerk of the Planning Commission
City of Santa Ana
Resolution No. 2003-52
Page 4 of 7
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 rip or 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.
Exhibit A
Page 1 of 3
• 2. Alcohol sales at the food counter shall be in conjunction with food service
at all times.
3. Full menus shall be available at the counter/bar and food service must be
available during all operational hours. A t-ari-t+~s, ~,:"ea t~~~„ee~;e
(Modified by the Planning Commission on December 22, 2003,)
4. The sale of alcoholic beverages for consumption off the premises is strictly
prohibited.
CJ. ~~~~~II ho nn lido°u-r~rce<-tGi~rep+,r-a'~rr~rr~T.~~, nv~v n a nn +ho
a{~v~~}7 vrrcrrc
. (Modified by the Planning Commission on
December 22, 2003.)
6 env h~+nlrnr~~ ~r+r! m~ ~~in ~r r~~ieo ~h.~ll n~+ he .~~ ~rlihlo hov~nrl 7(1 foo+ from
t#e-exterior-o; r~~ i~~+~,T (Modified by the Planning
Commission on December 22, 2003.)
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 indica#~! 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. A11 interior pay phones must be designed to allow outgoing
calls only. (Modified by the Zoning Administrator on December 70,
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
Cali#ornia 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 foi- 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 {wilding
egress/ingress codes with a minimum setback from public right-o# way of
five feet.. (Modified by the Zoning Administrator on December 10,
2003.
24. The applicant shall be responsible for providing the Chief of Police, or his
designate, a monthly schedule of all events, event hours of operation,
promoters of the event, prior locations where the promoters have
conducted business and prior locations where the events have occurred.
This schedule shall also include, but not be limited to, the number of
security guards assigned, the anticipated attendance, and the
name/emergency .number of the responsible party.. All events shall be
subject to prior Police Department approval. (Modified by the Planning
Commission on December 22, 2003.)
Exhibit A
Page 3 of 3