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HomeMy WebLinkAbout2002-01• RESOLUTION NO.2002-01 Kdo/12/28/01 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2001-35 TO AMEND AN EXISTING TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE AT 1611 WEST SUNFLOWER AVENUE, SUITE E6 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. 2001-35 came before the Zoning Administrator of the City of Santa Ana for a public hearing on January 2, 2002. B. The Zoning Administrator determines that In accordance with the California Environmental Quality Act, the proposed project is exempt from • further review. Categorical Exemption Environmental Review No. 01-157 will be filed for this project. C. The Zoning Administrator determines that the following findings, which must be established in order to grant a Conditional Use Permit, have been established: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The addition of outdoor dining will provide an additional food- related amenity for those patrons who smoke and thereby benefit the community by providing an additional food- related service at an eating establishment. Conditions have been placed on the alcoholic beverage control license that 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 proposed use, the addition of outdoor dining and alcohol • service at the existing restaurant, will not be detrimental to persons residing or working in the area because the use, as Resolution No. 2002-01 Page 1 of 3 • 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. Moreover, conditions are imposed to mitigate any potential impacts to those in the vicinity. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The 17.2-acre site is a commercial retail center that is suitable for the proposed restaurant with outdoor patio. The addition of a patio area at Darya 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. 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 consistent with the regulations of the Specific Development Plan No. 48 (SD-48) zoning district and the General Commercial (GC) General Plan designation. 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. 2001-35 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 2"d day of January 2002. r. %,,~~~ ~A , ~,.~~ ~ ~ Charles View • Zoning Administrator Resolution No. 2002-01 Page 2 of 3 • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ~.._.... By: ;~ ~ ,. Kylee Off' tte Deputy r>-~y Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, LAURA JOHNSON, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2002-01 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on January 2, 2002. Date: rk the Zonin ministrator City of Santa • ~~ ~_J Resolution No. 2002-01 Page 3 of 3 • Conditions for Approval for Conditional Use Permit No. 01-35 Should Conditional Use Permit No. 2001-35 be approved, the project shall comply 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 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 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. There shall be no patron dancing allowed. 6. There shall be no operation between the hours of 2:00 a.m. and 7:00 a.m. 7. The project shall remain in compliance with Site Plan Review (DP No. 01- 52). • EXHIBIT "A" Page 1 of 3 l~ B. Police Department The existing Suite must conform with the provisions of Charter 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 maintained at current code standards. 2. Prior to the issuance of Letter of Approval to the Alcohol Beverage Control Board, all conditions must be complied with. 3. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 4. The subject alcoholic beverage license shall not be exchanged for a public premises type of license nor operated as a public premises. 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 on the premises. • 6. There shall be no coin-operated games or pool tables maintained on the premises at any time. 7. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and meals during the same time period. 8. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 9. The sale of beer and/or wine for consumption off the premises is prohibited. 10. The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 11. At all times when the premises are open for business, the sale and service of alcoholic beverages shall be made only in conjunction with the sale and service of food. 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 such restaurants. 13. The premises shall not be operated as an adult business as such term • defined in Santa Ana Municipal Code Chapter 41-12.2. Page 2 of 3 EXHIBIT "A" 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. Music shall not be audible beyond the area under the control of the licensee. • • EXHIBIT "A" Page 3 of 3