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HomeMy WebLinkAbout2003-04• RESOLUTION NO. 2003-04 Lss 02/21 /03 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2003-01 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1317 NORTH 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. 2003-01 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on February 12, 2003. B. The applicant is requesting approval of Conditional Use Permit No. 2003- 01 to allow a Type 41 Alcoholic Beverage Control license for the on- • premise sale of beer and wine at Taco Adobe located at 1317 North Main Street. C. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator 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 Alcoholic Beverage Control License will provide and 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 which 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 Type 41 on-premise beer and wine license at Taco Adobe 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 the premises and within the outside patio area which is enclosed by an existing 40-inch high wrought iron fence. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The 0.35-acre site has a freestanding commercial building that is suitable for the proposed use. The addition of alcoholic beverages to the menu at Taco Adobe should 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 Type 41 license 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 project will not adversely affect the General Plan. Restaurants and ancillary uses such as alcoholic beverage control licenses are permitted within the Midtown Specific Plan (SP3) 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, Categorical Exemption Environmental Review No. 2002-374 will be filed for this project Section 2. The Zoning Administrator of the City of Santa Ana hereby, approves Conditional Use Permit No. 2003-01 as conditioned in Exhibit "A" attached hereto and incorporated herein. • ADOPTED this 12th day of February, 2003. Kenneth Adams Zoning Administrator APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney !~ ~, , ~- ~, Lau'fa Sheedy Assistant City Attorney • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2003-04 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on February 12, 2003. Date: z ~ of the ing Administrator City of S a Ana • • Conditions for Approval for Conditional Use Permit No. 2003-01 Conditional Use Permit No. 2003-01 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 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 garbage disposal. 5. The project shall remain in compliance with Site Plan Review (DP No. 02- 72). B. Police Department 1. There shall be no fixed bar on the premises maintained for the service or consumption of alcoholic beverages. 2. Self-serve coolers containing alcoholic beverages are prohibited. • • 3. The sale of beer and/or wine for consumption off the premises is prohibited. 4. There shall be no live entertainment, amplified music or dancing on the premises. 5. Any background music or noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 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. It shall be applicant(s) responsibility to ensure that no alcoholic beverages are consumed on ay 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 the control of the licensee. 9. There shall be no public telephones located on the exterior of the premises. • 10. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. 11. There shall be no pool tables, coin-operated games, or video machines maintained upon the premises at any time. 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 sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and ~'':^~T 10:00 p.m., seven days a week. (Modified by the Alcohol Beverage Control on March 10, 2003). 15. The petitioner shall post a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, on the exterior of the premises. 16. It shall be the petitioner's responsibility to ensure the CPC Section 602 is complied with at all times that the premises is in operation. • 17. Neither the licensee, nor any person or entity operating the premises with the permission of the licensee, shall violate the City's adult entertainment ordinance contained in SAMC Section 12-1 and 12-2. 18. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41-1701.6. 19. The existing building and parking lot 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. 20. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, all conditions must be complied with. 21. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 22. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 23. Window displays and racks must be kept to a maximum height of three feet including merchandise. • 24. Atimed-access cash controller must be installed. 25. Install a silent armed robbery alarm. 26. The 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. 27. Conditional approval is only granted for a type 41 on-sale beer and wine, public eating place Alcoholic Beverage Control license. Any other type of license use at this location will require another conditional use permit.