HomeMy WebLinkAbout2001-15• RESOLUTION NO.O1-15
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF SANTA ANA APPROVING CONDITIONAL USE
PERMIT NO. 01-09 TO ALLOW A TYPE 47 ALCOHOL
BEVERAGE CONTROL LICENSE FOR MEMPHIS RESTAURANT
LOCATED AT 201 NORTH BROADWAY
WHEREAS, Conditional Use Permit No. 01-09 came before the Zoning Administrator for a public
hearing on April 25, 2001, to allow a Type 47 Alcohol Beverage Control License and to extend the hours of
alcoholic beverages sales and entertainment for Memphis restaurant located 201 North Broadway;
WHEREAS, following said public hearing, the Zoning Administrator determined to approve
Conditional Use Permit No. 01-09, 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 Conditional Use Permit to allow the sale of alcoholic beverages, later hours and
entertainment will provide an ancillary service to the restaurant and thereby benefit the
community by providing additional amenities at an eating establishment. The provision of a bar
and entertainment within the premise could create a negative impact to the surroundings.
Additional conditions have been placed on the Alcoholic Beverage Control license that will
mitigate 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 approval of the conditional use permit will not be detrimental to persons residing or
working in the area, because the use, as conditioned, will not create negative or adverse impacts.
The sale of alcoholic beverages will occur on the premises and is incidental to the restaurant
use. Moreover, conditions are imposed to mitigate potential impacts to those in the vicinity.
C. Will the proposed use adversely affect the present economic stability or future economic development of
properties surrounding the area?
The restaurant is a suitable and appropriate use within the downtown setting. The addition of
• alcoholic beverage sales in conjunction with food sales within the dining and outdoor dining
area, hours of operation and entertainment should increase the patronage to the restaurant,
thereby enhancing the viability of the business. Further, with the conditions imposed, the use
and site should enhance the success of the area building on the successful cultural and business
climate of the surrounding properties in the area.
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As conditioned, the proposed project will be in compliance with all applicable
regulations and conditions imposed on a restaurant selling alcoholic beverages,
pursuant to Chapter 41 of the Santa Ana Municipal Code.
The proposed use will not adversely affect the General Plan. Restaurants and
ancillary uses such as alcoholic beverage control licenses are permitted within the
Central Business Artists Village (C3A) zoning district and the General Commercial
(DC) General Plan designation.
D. Will the proposed use comply with the regulations and conditions specified in Chapter 41
for such use?
E. Will the proposed use adversely affect the General Plan or any specific plan of the City?
2. Conditional Use Permit No. 01-09 is hereby approved, subject to conditions, as set forth
in Attachment A, attached hereto and incorporated herein.
ADOPTED this 25th day of Aril, 2001.
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ATTEST:
Kenneth Adams
Zoning Administrator
Planning and Building Agency
APPROVED AS TO FORM:
Christopher G. Norman
Assistant City Attorney
RESOLUTION NO. 01-15
.APRIL 25, 2001
PAGE 1 OF 3
Conditions for Approval
Should modification to Conditional Use Permit No. 2001-09 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 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
(Development Project No. 00-023).
B. Police Department
1. Sales, service and consumption of
permitted only between the hours
~~~day , ~~pu,~h . ~Ves'~day, and
~'~u~~ ~ ' ~; ~'r~:day and- Sa~~urday .
Administrator April 25, 2001).
alcoholic beverages shall be
7:00 a.m. to 12:00 a.m.
(Modified by the Zoning
2. The sale of beer and/or wine for consumption off the premises
is prohibited.
3. There shall be no public dancing permitted on the premises at
any time.
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ATTACHMENT A
RESOLUTION NO. 01-15
.APRIL 25, 2001
FAGE 2 OF 3
4. Live musical entertainment shall be limited to a maximum of
four musicians/performers. Said entertainment shall be
ancillary to the restaurant use.
5. After the hour of 10:00 p.m., no music/noise shall be audible
on the exterior of the premises.
6. Musical entertainment is permitted only on Thursday, Friday,
and Saturdays until 12:00 midnight.
7. 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.
8. No alcoholic beverages shall be consumed on any property
adjacent to the licensed premises under the control of the
licensee.
• 9. The applicant(s) shall be responsible for maintaining free of
litter the area adjacent to the premises under the control of
the licensee.
10. There shall be no pool tables or coin-operated games
maintained upon the premises at any time.
11. There shall be no public telephones on the exterior of the
premises.
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. During all hours of operation, the bar/counter must provide a
food menu and have food service available.
15. The subject alcoholic beverage license shall not be exchanged
• for a public premises type license nor operated as a public
premises.
RESOLUTION NO. 01-15
APRIL 25, 2001
PAGE 3 OF 3
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.
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 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.
(Modified by the Zoning Administrator April 25, 2001).
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