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HomeMy WebLinkAbout2002-21• RESOLUTION NO. 2002-21 Kdo/08/30/02 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2002-11 FOR THE PROPERTY LOCATED AT 31 EAST MACARTHUR CRESCENT, SUITE NO. 105 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. 2002-11 came before the Zoning Administrator of the City of Santa Ana for a public hearing on September 4, 2002. B. The applicant is requesting approval of Conditional Use Permit No. 2002- 11 to allow the sale of beer and wine for off-premise consumption at the • Fermented Grape to be located at 31 East Macarthur Crescent, Suite No. 105. 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 (ABC) for The Fermented Grape will provide a unique and beneficial service to the community by providing specialized products such as fine wines and imported beverages that are not available at typical establishments in the area. 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. 2002-21 Page 1 of 3 • The proposed Alcoholic Beverage Control (ABC) license 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 sales of products are targeted towards business professionals and hotel guests not typically associated with loitering or public intoxication, thus proving to be an asset to the immediate area. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the present or future economic stability of the area as the proposed business is a viable business that will assist in the promotion of the leasing of the other tenant spaces within the project site. The operation of this business will identify 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? As conditioned, the proposed project will be in compliance • with all applicable regulations and conditions imposed on an establishment selling beer and wine, pursuant to Chapter 41 of the Santa Ana Municipal Code as well as all other State and local regulations. 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. Retail businesses and ancillary uses such as Alcoholic Beverage Control (ABC) licenses are permitted within the District Center (DC) General Plan land use designation Section 2. The Zoning Administrator of the City of Santa Ana hereby, approves Conditional Use Permit No. 2002-11 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this ~~ay of September, 2002. .,.- v • Kenneth Adams Zoning Administrator Resolution No. 2002-21 Page 2 of 3 • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ,, By: ~~'` Kylee O e#Ye Deputy Cify Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2002-21 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on September 4, 2002. ,- Date: ~;~~~-~ ~--- .-~ ~ ~~ ~ C rk oft oning Administrator • ity o anta Ana • Resolution No. 2002-21 Page 3 of 3 Conditions for Approval for Conditional Use Permit No. 2002-11 • Conditional Use Permit No. 2002-11 is approved subject to the 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. In addition, it shall meet the following conditions: 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 Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. 2. The project shall remain in compliance with Site Plan Review (DP No. 02- 038). • B. Police Department 1. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 2. The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 3. 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 on the premises. 4. There shall be no coin-operated games maintained on the premises at any time. 5. All public telephones shall be located on the interior of the .premises. 6. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. 7. The petitioner(s) shall post a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, on the exterior of the premises. 8. It shall be the petitioner(s) responsibility to ensure that CPC Section 602 is complied with at all times that the premises are in operation. • EXHIBIT "A" Page 1 of 2 9. • No wine shall be sold with an alcoholic content of greater than 15 percent by volume except for "Dinner Wines" which have been aged two years or more and maintained in corked bottles. 10. The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similar size containers are prohibited. No beer or malt beverages shall be sold in quantities of less than six per sale. 11. Beer, malt beverages, and wine coolers in containers of 16 oz. or less cannot be sold by single containers, but must be sold in manufacturer pre- packaged multi-unit quantities. 12. Wine and distilled spirits shall not be sold in bottles or containers smaller than 750 ml. Beer coolers, wine coolers, or pre-mixed distilled spirit cocktails must be sold in manufacturer pre-packaged multi-unit quantities. 13. The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00 a.m., each day of the week. 14. This conditional use permit shall be reviewed by the Police Department after 90 days, six months and one year, and annually thereafter for modifications or violations of any of the conditions. • EXHIBIT "A" Page 2 of 2