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HomeMy WebLinkAbout2004-43• RESOLUTION NO. 2004-43 KO - 09/30/04 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2004-19 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 801 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. The applicant is requesting approval of Conditional Use Permit No. 2004- 19for aType 47 Alcoholic Beverage Control license to allow the on- premise sale of beer, wine and distilled spirits for the property located at 801 North Main Street. B. Conditional Use Permit No. 2004-19 came before the Zoning Administrator of the City of Santa Ana for a public hearing on September 15, 2004. 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 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 proposed restaurant, bar and theater complex and thereby benefit the community by providing an additional food- related amenity at the proposed 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? Resolution No. 2004-43 Page 1 of 3 • The addition of the alcoholic beverage control license to the proposed theater, restaurant and bar complex will provide an additional amenity for the theater patrons by allowing them to purchase beer, wine and distilled spirits with their food at the restaurant and bar levels. The sale of alcoholic beverages with food items will not create any negative or adverse impacts to the surrounding community because the sale of alcoholic beverages will occur inside of the premises and will be incidental to the theater and restaurant use. Moreover, conditions are imposed to mitigate any impacts that would otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The addition of alcoholic beverages to the menu of amenities at the proposed restaurant and theater will increase the patronage to the performing arts complex thereby enhancing the profitability of the business, which will contribute to the economic stability of 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, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code. Additionally, the project meets the guidelines established by the Planning Commission for restaurants selling alcohol with their meals. 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. Theaters, restaurants and ancillary uses, such as alcoholic beverage control licenses, are permitted within the District Center (DC) General Plan designation and the Midtown Specific Plan (SP3) zoning district. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2004-184 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby, approves Conditional Use Permit No. 2004-19 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at • the abovesaid hearing, which includes but not is not limited to: the Request for Zoning Resolution No. 2004-43 Page 2 of 3 . Administrator Action dated September 15, 2004 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 15th day of September, 2004. ~S'~-,~..~--s Kenneth Adams Zoning Administrator APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By. ~ ~ , ~_ Kylee O. o Deputy ~ y Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2004-43 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on September 15, 2004. Date: ~ ' l Clerk of the Zoning Administra City of Santa Ana Resolution No. 2004-43 Page 3 of 3 • Conditions for Approval for Conditional Use Permit No. 2004-19 Conditional Use Permit No. 2004-19 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2004-65. 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. • 3. The kitchen as shown on Site Plan Review DP No. 2004-65 shall be installed and fully operational prior to the issuance of the Certificate of Occupancy. 4. The business shall remain a bona fide eating establishment as defined by the Alcoholic Beverage Control (ABC) Board. 5. There shall be no conduct or entertainment allowed on the premises as prohibited by Chapter 12 of the Santa Ana Municipal Code. 6. The alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. 7. The bar shall operate only during the restaurant's business hours. 8. The restaurant and bar will operate concurrently with a theatrical performance, as an ancillary and subordinate use. When the theater is dark (no theatrical performance), the restaurant and bar shall remain closed. Exhibit A Page 1 of 5 9. The hours of operation for the theater, restaurant and bar shall be as • follows: Monday through Friday from 6:00 p.m. to 12:00 a.m. and on Saturdays and Sundays from 10:00 a.m. to 12:00 a.m. 10. There shall be no live entertainment, except for that provided by the theatrical performance, in the restaurant, bar area or theater. (Modified by Planning Commission September 27, 2004). 11. The proposed theater or restaurant shall not operate as a nightclub or indoor entertainment venue as defined by the Santa Ana Municipal Code No. 41-142. 12. Conditional Use Permit No. 2004-19 shall be of no force and effect and null and void for all purposes unless and until Variance No. 2004-08 is approved. 13. The use of outside promoters, which includes third parties producing permitted performances at the facility, shall be prohibited. Applicant shall maintain control of the facility, including the parking lots, restaurant and bar, at all times the facility is open to the public, and all contracts for permitted uses at the facility shall be between applicant and the performer(s). (Added by Planning Commission September 27, 2004). 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. Full menus shall be available at the counter/bar and food service must be made available during all operational hours. 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 food. 4. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 5. 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. 6. It shall be the applicant(s) responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed • Exhibit A Page 2 of 5 premises under the control of the applicant(s), with the exception of the enclosed patio area. 7. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 8. 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. 9. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. All graffiti must be removed within 24 hours of occurrence. 10. There shall be no pool tables, coin-operated games, or video machines maintained upon the premises at any time. 11. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. 12. 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. 13. The applicant(s) shall place a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, on the exterior of the premises. 14. It shall be the applicant(s) responsibility to ensure that CPC Section 602 is complied with at all times that the premises are in operation. 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 for a Type 47 on-sale general, public eating place, any other ABC license use at this location will require a new land use clearance. 17. The applicant shall not maintain or construct any type of enclosed room intended for private use by patrons or customers. 18. The north door shall be kept closed at all times during operation of the premises except in case of emergency or to permit deliveries. 19. The consumption of alcoholic beverages is not permitted beyond the restaurant (2"d floor) or lobby and foyer areas of the first floor. Exhibit A Page 3 of 5 20. Alcoholic beverages shall not be permitted in the theatre or balcony • seating areas. 21. Between the hours of 6:00 p.m. and 12: 00 a.m. or at any time the premises are providing entertainment, the applicant shall provide a minimum of two, uniformed State licensed security guards in the parking lot at 1055 North Bush Street and the parking structure located at 1055 North Main and one uniformed State licensed security guard at 801 North Main Street. 22. Security guards shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by nearby residents. Guards shall remain on the premises until all patrons have left the premises. 23. Entertainment/music shall not be audible beyond 20 feet from the exterior of the premises in any direction. 24. No banquet use as defined by the Santa Ana Municipal Code No. 41-25 is permitted on the premises. 25. The existing building and parking lot, including the lots located at 1055 North Main Street and 1055 North Bush Street, 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, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 26. Prior to issuance of a Letter of Approval to the Alcoholic Beverage Control Board, all conditions must be complied with. 27. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 28. Install a silent armed robbery alarm. 29. 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. 30. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41-1701.6. • Exhibit A Page 4 of 5 • 31. The Chief of Police, or his designate, shall first approve every security guard employed by you. If there is marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase may be determined by the Chief of Police, the applicant(s) shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police. 32. The applicant must provide the Police Department Crime Prevention Unit with a monthly schedule of events, private functions and intended use of the facility for general review and potential modifications of the minimum security staffing. 33. There shall be no public dancing permitted on the premises. Exhibit A Page 5 of 5