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HomeMy WebLinkAbout2002-39• RESOLUTION NO. 2002-39 Kdo/12/17/02 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2002-28 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE PROPERTY LOCATED AT 2 HUTTON CENTRE DRIVE, SUITE 201 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. 2002-28 came before the Zoning Administrator of the City of Santa Ana for a public hearing on December 18, 2002. B. The applicant is requesting approval of Conditional Use Permit No. 2002-28 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on-premise consumption and sale of beer and wine at an existing restaurant located at 2 • Hutton Centre Drive, Suite 201. 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, 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 addition of the alcoholic beverage control license to the existing restaurant will provide an additional amenity for restaurant customers by allowing them to purchase beer or wine with their food. The sale of beer or wine 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 restaurant Resolution No. 2002-39 Page 1 of 3 • use. Moreover, conditions are imposed to mitigate any potential impacts that could 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 1.5-acre site is amulti-tenant retail center that is suitable for the proposed use. The addition of alcoholic beverages to the menu at Maimu Sushi Restaurant will increase the patronage to the restaurant 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 and wine pursuant to Chapter 41 of the Santa Ana Municipal Code and 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. Restaurants and ancillary uses such as alcoholic beverage control licenses are permitted within the District Center (DC) General Plan designation and the General Commercial (C2) zoning district. D. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2002-269 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby, approves Conditional Use Permit No. 2002-28 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 18th day of December, 2002. Vincent Frego Zoning Admini • Resolution No. 2002-39 Page 2 of 3 • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Od e Deputy C Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2002-39 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on December 18, 2002. Date: l~ C ~' .~.~-~- ~.-°-~_ - ~' Cler of the Wing Administrator • City of S to Ana Resolution No. 2002-39 Page 3 of 3 • Conditions for Approval for Conditional Use Permit No. 2002-28 Conditional Use Permit No. 2002-28 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2002-52. 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. .There shall be no operation between the hours of 12:00 midnight and 5:00 a.m. 4. The alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. B. POLICE DEPARTMENT 1. The premises shall not maintain a fixed bar primarily for the sales, service or consumption of alcoholic beverages directly to patrons. 2. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 3. There shall be no live entertainment, amplified music, or dancing on the premises at any time. 4. Any background music or noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 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 premises under the control of the applicant(s). Exhibit A Page 1 of 2 • 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. 9. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. 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. 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 beverage. 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. The Conditional Use Permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modifications to the • conditions of approval. • Exhibit A Page 2 of 2