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HomeMy WebLinkAbout2002-30• RESOLUTION NO. 2002-30 Kdo/10/07/02 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2002-17 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 136 WEST MACARTHUR BOULEVARD 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. 2002-17 came before the Zoning Administrator of the City of Santa Ana for a public hearing on October 16, 2002. B. The applicant is requesting approval of Conditional Use Permit No. 2002- • 17 to allow a Type 41 Alcoholic Beverage Control License for on-premise sale and consumption of beer and wine at the Kitchen Shin restaurant located at 136 West MacArthur Boulevard. 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 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 Resolution No. 2002-30 Page 1 of 3 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 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 1.78-acre site is amulti-tenant retail center that is suitable for the proposed use. The addition of alcoholic beverages to the menu at Kitchen Shin Restaurant should increase the patronage to the restaurant, thereby enhancing the profitability of the business, which would 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 there 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 General Commercial (GC) General Plan designation and the Community Commercial (C1) zoning district. Additionally, the use as conditioned, is in compliance with the regulations identified in the zoning code. Section 2. The Zoning Administrator of the City of Santa Ana hereby, approves Conditional Use Permit No. 2002-17 as conditioned in Exhibit "A" attached hereto and incorporated herein. • Resolution No. 2002-30 Page 2 of 3 ADOPTED this 16th day of October, 2002. ~-~'~~~ Kenneth Adams Zoning Administrator APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Od e Deputy CI Attorney • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2002-30 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on October 16, 2002. Date: ~~'~~~`"`J ~,~ ~, .z G~ erk of th 'ng Administrator City of a Ana • Resolution No. 2002-30 Page 3 of 3 . Conditions for Approval for Conditional Use Permit No. 2002-17 Conditional Use Permit No. 2002-17 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 with the Site Plan Review approval of DP No. 01-44. 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. B. Police Department 1. The sale of beer and/or wine for consumption off the premises is prohibited. 2. There shall be no live entertainment, amplified music or public dancing permitted on the premises at any time. 3. There shall be no music played outside. Any background music or noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 4. 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. 5. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 6. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 7. There shall be no pool tables or coin-operated games maintained upon the premises at any time. 8. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. EXHIBIT "A" Page 1 of 3 . 9. 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. 10. The subject alcoholic beverage license shall not be exchanged for a public premises type license nor operated as a public premises. 11. The sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. to 12:00 a.m. 12. All public telephones shall be located on the interior of the premises. 13. There shall be no fixed bar/counter upon the premises maintained for the purpose of sales, service, or consumption of alcoholic. beverages directly to patrons for consumption. 14. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in Santa Ana Municipal Code Section 12-1 and 12-2. 15. The premises shall not be operated as an adult entertainment business as such term defined in Santa Ana Municipal Code Section 41-1701.6. 16. The proposed use shall be evaluated after 90 days, six months and annually thereafter in order to determine compliance with the above conditions. • 17. The existing restaurant and parking lot within 60 feet of the restaurant must conform with 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. 18. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, all conditions must be complied with. 19. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 20. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 21. Window displays and racks must be kept to a maximum height of three feet including merchandise. 22. Interior displays and racks must be kept to a maximum of five feet including merchandise. 23. Install a silent armed robbery alarm. 24. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. • 25. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. EXHIBIT "A" Page 2 of 3