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HomeMy WebLinkAbout2001-18• RESOLUTION NO.O1-18 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO.O1-10 TO ALLOW A TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE AT RESTAURANT MARY LOCATED AT 1819 SOUTH MAIN STREET WHEREAS, Conditional Use Permit No. 01-10 came before the Zoning Administrator for a public hearing on May 16, 2001, to allow a Type 41 Alcohol Beverage Control License at Restaurant Mary, located 1819 South Main Street, Santa Ana; and WHEREAS, following said public hearing, the Zoning Administrator determined to approve Conditional Use Permit No. 01-10, 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 abovesald hearing the Zoning Administrator finds and determines as follows: • Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or 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. 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 on-premise beer and wine 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 sale of alcoholic beverages will occur inside of the premises and is incidental to the restaurant use. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? • The 0.16-acre site is a commercial retail building that is suitable for the proposed use. The addition of alcoholic beverages to the menu at Restaurant Mary 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. D. 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. E. 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 South Main Street Commercial (C-SM) 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. The project is not located within any specific plan area in the City. • 2. Conditional Use Permit No. 01-10 is hereby approved, subject to conditions, as set forth in Attachment A, attached hereto and incorporated herein. ADOPTED this 1Ci day of May, 2001. • ATTEST: Kenneth Adams Zoning Administrator Planning and Building Agency APPROVED AS TO FORM: v~--°- Christopher G. Norman Assistant City Attorney 2 SOLUTION NO.O1-18 ~II~~V~IAY 16, 2001 PAGE 1 OF 3 Conditions for Approval Should Conditional Use Permit No. 2001-10 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. 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. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. 2. The alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. 3. The project shall remain in compliance with Site Plan Review (DP No. 00-70). B . Police Departzent 1. There shall be no fixed bar on the premises maintained for the service or consumption of alcoholic beverages directly to patrons. 2. The sales of alcoholic beverages to customers shall be made from behind a counter where a clerk will obtain the product; no self-service of alcoholic beverages will be permitted. 3. The sale of beer and/or wine for consumption off the premises is prohibited. 4. There shall be no live entertainment, amplified music or dancing on the premises. ATTACHMENT A ~I~SOLUTION NO.O1-18 Y 16, 2001 PAGE 2 OF 3 5. No music shall be played outside. Any background music or noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 6. 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. 7. It shall be the applicant(s) responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant(s). 8. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the license. 9. There shall be no public telephones located on the exterior of • the premises. 10. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. 11. There shall be no pool tables, coin-operated games or video machines maintained upon the premises at any time. 12. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. 13. 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. 14. It is the applicant(s) responsibility to monitor the area under their control in an effort to prevent the loitering of persons about the premises. 15. The applicant shall post a sign prohibiting loitering on the premises pursuant to California Penal Code Section 602(j). • 16. Neither the licensee, nor any person or entity operating the premises with the permission of the licensee, shall violate the City's adult entertainment ordinance contained in Santa Ana Municipal Code Section 12-1 and 12-2. ~III~SOLUTION NO.O1-18 Y 16, 2001 PAGE 3 OF 3 • 17. The premises shall not be operated as an adult entertainment business as such term defined in Santa Ana Municipal Code Section 41-1701.6. 18. The existing restaurant and parking lot must conform to 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. 19. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, all conditions must be complied with. 20. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 21. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 22. Window displays and racks must be kept to a maximum height of three feet including merchandise. 23. Atimed-access cash controller must be installed. 24. Install a silent armed robbery alarm. 25. The conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. •