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HomeMy WebLinkAbout2004-29 RESOLUTION NO. 2004-29 KO - 08/23/04 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2004-07 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 3608 SOUTH BRISTOL 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- 07 for a Type 41 Alcoholic Beverage Control license to allow the on- premise sale of beer and wine for the property located at 3608 South Bristol Street. B. Conditional Use Permit No. 2004-07came before the Zoning Administrator of the City of Santa Ana for a public hearing on April 7, 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 Alcoholic Beverage Control (ABC) license for the restaurant will provide a service to the community by allowing patrons the ability to consume an alcoholic beverage on-site 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 potentia( of an attractive nuisance being established at this location. 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. 2004-29 Page 1 of 3 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 is a commercial center that is suitable for the proposed project. Numerous restaurants are currently found in Metro Town Square and the surrounding area, with the reoccupation of an existing vacant building identifying 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 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. 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 District Center (DC) General Plan land use designation. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption No. 2003-139 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby, approves Conditional Use Permit No. 2004-07 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 Administrator Action dated April 7, 2004 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 7th day of April, 2004. • Kenneth Adams Zoning Administrator Resolution No. 2004-29 Page 2 of 3 C7 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: s~ Kylee O. tto Deputy ity Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2004-29 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on April 7, 2004. Date: U l~~fb~ Clerk of the Zoning Admin~ ator City of Santa Ana Resolution No. 2004-29 Page 3 of 3 • Conditions for Approval for Conditional Use Permit No. 2004-07 Conditional Use Permit No. 2004-07 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 All proposed site improvements must conform with the Site Plan Review approval of DP No. 03-39. 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 applicant shall work with the Planning Division staff to incorporate natural stone into the facade of the project. B. Police Department 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 on the licensed premises maintained for the sale, service or consumption of alcoholic beverages directly to patrons. 3. The sale of alcoholic beverages for consumption off the premises is strictly limited to #~roducts made° by the op~ra~tor of t#~e Sod#h C~t':~ry R~st~~t. In the evert ~r l~~Y cornm~~ces upe~a~on this ~` other r~sta~~ant wi#hio his far<ant space, the sale Qf alcoholic berms for cos~umpt.~n off the preros is strictly limited to projects made ~y the new operator. (Modified by the Zoning Administrator on April 7, 2004). 4. Live entertainment, amplified music or dancing is prohibited on the premises at all time. Exhibit A Page 1 of 3 • 5. Any background music or noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 6. 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, except for the business name. 7. 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). 8. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under control of the licensee. 9. There shall be no public telephones located on the exterior of the premises. All interior telephones must be designed to allow outgoing calls only. 10. The applicant(s) shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 11. Pool tables, video machines or coin-operated games cannot be 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 10:00 a.m. and 12:00 a.m. 15. Existing required parking 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. 16. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, al! conditions must be complied with and completed. 17. 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. Exhibit A Page 2 of 3 18. Window displays must be kept to a minimum for maximum visibility and shall • not exceed 25 percent of window coverage. 19. Window displays and racks must be kept to a maximum height of three feet, including the merchandise. 20. Interior displays and racks must be kept to a maximum height of five feet, including the merchandise. 21. Atimed-access cash controller must be installed. 22. Install a silent armed robbery alarm. 23. The conditional use permit shall be reviewed at 90 days by the Police Department, six months, at one year by the Zoning .Administrator, and then annually thereafter by the Police Department for any modifications to the conditions of approval. (Modified by the Zoning Administrator on April 7, 2004). Exhibit A Page 3 of 3