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HomeMy WebLinkAbout2001-21RESOLUTION NO.O1-21 • MINISTRATOR A RESOLUTION OF THE ZONING AD OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO.O1-06 TO ALLOW A TYPE 47 ALCOHOL BEVERAGE CONTROL LICENSE FOR ON-PREMISES CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS AT MORTON'S OF CHICAGO RESTAURANT, LOCATED AT 1641 WEST SUNFLOWER AVENUE WHEREAS, Conditional Use Permit No. 01-06 came before the Zoning Administrator for a public hearing on April 4, 2001, to allow a Type 47 Alcohol Beverage Control License for on- premises consumption of beer, wine and distilled spirits at the Morton's of Chicago restaurant, located at 1641 West Sunflower Avenue, Santa Ana; and WHEREAS, following said public hearing, the Zoning Administrator determined to approve Conditional Use Permit No. 01-06, subject to conditions. NOW, THEREFORE, BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Based upon the evidence submitted at the abovesaid hearing the Zoning Administrator finds and determines as follows: A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed ABC License for the restaurant will provide a service to the community by allowing patrons the ability to consume alcoholic beverages on-site with their meal. The ABC license will not negatively affect the surrounding community as conditions of approval have been included to reduce potential negative impacts and avoid the potential of an attractive nuisance being established at this location. B. 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 ABC license will not be detrimental to persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts. Although some sales of alcoholic beverages will occur within the outdoor patio, the area is only 468 feet in size and is contained by a perimeter fence. • 1 • C. 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 mixed use center that is suitable for the proposed project. Numerous restaurants are currently found in the Village and surrounding area, with the construction of a new building for an existing tenant identifying this site as a stable, viable location for businesses to exist. D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable conditions of Chapter 41 of the Santa Ana Municipal Code as well as other state and local regulations. E. 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. Restaurant and ancillary uses such as ABC licenses are permitted within the General Business District (GBD) designation and SD-48. Additionally, the project, as designed, is in compliance with the regulations identified in the zoning code. • 2. Conditional Use Permit No. 01-06 is hereby approved, subject to conditions, as set forth in Attachment A, attached hereto and incorporated herein. ADOPTED this 4th day of Anril, 2001 ATTEST: Kenneth Adams Zoning Administrator Planning and Building Agency APPROVED AS TO FORM: Christopher G. Norman Assistant City Attorney • 2 SOLUTION NO. 01-21 APRIL 4, 2001 PAGE 1 OF 2 Conditions for Approval Conditional Use Permit No. 01-06 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 prior 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. 00-86. 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 existing parki Chapter 8, Article Code. These code project's lighting Lighting standards planters. ng lot must conform to the provisions of II, Division 3 of the Santa Ana Municipal conditions will require that the existing be upgraded to current code standards. cannot be located in required landscape 2. The sale of beer, wine and/or alcoholic beverage for consumption off the premises is prohibited. 3. Live entertainment, amplified music or public dancing is • prohibited on the premises at all time. ATTACHMENT A SOLUTION NO. 01-21 APRIL 4, 2001 PAGE 2 OF 2 4. Exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages, is prohibited. 5. Pool tables or coin operated games cannot be maintained upon the premises at any time. 6. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. 7. 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. 8. The subject alcohol beverage license shall not be exchanged for a public premise type of license nor operate as a public premise. • 9. Neither the applicant, nor any person or entity operating the premises with permission of the applicant, shall violate the City's adult entertainment ordinance contained in Sections 12- 1 and 12-2. 10. The premises shall not operate as an adult entertainment business as such term defined in Section 41-1701.6 of the Santa Ana Municipal Code. 11. The proposed use shall be evaluated after 90 days, six months and annually thereafter in order to determine compliance with the above conditions. 12. All pay telephones must be located inside the licensed premises. 13. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board all conditions must be complied with and completed. •