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HomeMy WebLinkAbout2002-15 RESOLUTION NO.2002-15 Kdo/06/10/02 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING AND ADOPTING, THE MITIGATED NEGATIVE DECLARATION AND MITIGATED MONITORING PROGRAM FOR ENVIRONMENTAL REVIEW NO. 02-130 AND APPROVING CONDITIONAL USE PERMIT NO. 2002-09 FOR THE PROPERTY LOCATED AT 2901 WEST MACARTHUR BOULEVARD, SUITE 108 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 Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 02-130 and Conditional Use Permit No. 2002- 09 came before the Zoning Administrator of the City of Santa Ana for a • public hearing on June 12, 2002. The applicant is requesting approval of Conditional Use Permit No. 2002-09 to allow a Type 41 alcoholic beverage license for the on-premise sale of beer and wine located at 2901 West Macarthur Boulevard, Suite 108. B. 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. ~~ ~_~ Resolution No. 2002-15 Page 1 of 3 ~~ ~_~ 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 proposed on-premise beer and wine license at Misen Restaurant 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 sale of alcoholic beverages will occur inside of the premises and is incidental to the restaurant use. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The 6.02-acre site is a commercial building that is suitable for the proposed use. The addition of alcoholic beverages to the menu at Misen Restaurant should increase the patronage to the restaurant, thereby enhancing the profitability of the business and identifying the use and site as economically stable and viable for the surrounding properties in the area. C7 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. 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 Light Industrial (M1) zoning district and the Industrial (IND) General Plan designation. Additionally, the use as conditioned is in compliance with the regulations identified in the zoning code. The project is not located within any specific plan area in the City. ~~ ~~ Section 2. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves and adopts the Mitigated Negative Declaration and Mitigated Monitoring Program for Environmental Review No. 2002-130. ResoVution No. 2002-15 Page 2 of 3 • Section 3. The Zoning Administrator of the City of Santa Ana hereby, approves Conditional Use Permit No. 2002-09 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 12th day of June, 2002. "Edwards Administrator APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney gy: ~ Kylee Od e • Deputy Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2002-15 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on June 12, 2002. Date: ~/ ~ ~-~ <of the ing Administrator of S a Ana Resolution No. 2002-15 Page 3 of 3 Conditions for Approval for Conditional Use Permit No. 2002-09 Conditional Use Permit No. 2002-09 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. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. 2. The restaurant must be maintained as a bona fide eating establishment. An eating establishment as defined by the Alcoholic Beverage Control Board and the standards established by the Planning Commission with the • following items: a. One conventional range/oven b. An automatic dishwasher c. A double sink d. A 25 cubic foot refrigerator e. A four-foot by six-foot food preparation area 3. The alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. 4. The restaurant shall provide a grease interceptor and garbage disposal. 5. The project shall remain in compliance with Site Plan Review (DP No. 01- 72). 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. • Exhibit A • 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. s . 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. ~ . There shall be no pool tables or coin-operated games maintained upon the premises at any time. s . The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. • 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. l o . The subject alcoholic beverage license shall not be exchanged for a public premises type license nor operated as a public premises. 11. All public telephones shall be located on the interior of the premises 12 . The sales, service, and consumption of alcoholic beverages at the fixed bar/counter shall be made only in conjunction with the sales and service of food 13 . 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. 14 . The premises shall not be operated as an adult entertainment business as such term defined in Santa Ana Municipal Code Section 41-1701.6. 15. The proposed use shall be evaluated after 90 days, six months and annually thereafter in order to determine compliance with the above conditions. • Exhibit A