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HomeMy WebLinkAbout2001-05• RESOLUTION N0.2001-OS A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA MODIFYING IN PART CONDITIONAL USE PERMIT NO. 95-11 TO ALLOW THE SERVICE OF ALCOHOLIC BEVERAGES IN THE OUTDOOR DINING AREA AND EXTEND THE HOURS OF OPERATION OF SHELLY' S COURTHOUSE BISTRO LOCATED AT 400 WEST FOURTH STREET WHEREAS, the applicant is requesting the approval of modifications to Conditional Use Permit No. 95-11 to allow a fixed bar, the sale of beer, wine and distilled spirits within the existing outdoor dining area, modification to the hours of operation, and the extension of hours of alcoholic beverage sales to 1:30 a.m. on Friday and Saturday, at Shelly's Courthouse Bistro located at 400 West Fourth Street; WHEREAS, the applicant requested allowance to provide entertainment on the premises at initial hearing on the request on January 2, 2001, and the Zoning Administrator continued the hearing to January 31, 2001, to allow staff to review the request; and WHEREAS, at the hearing on January 31, 2001, the matter was continued to February 28, 2001, for staff to evaluate certain issues; • 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 above said hearing, this 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 amendment to allow alcoholic consumption within the outdoor dining area and the modification to the hours of operation will provide an ancillary service to the restaurant and thereby benefit the community by providing an additional food-related amenity at an eating establishment. The provision of a bar and entertainment within the premises coupled with conditions to only serve alcohol in conjunction with food sales and the hour limitations will ensure that the bar and entertainment remain ancillary to the restaurant. The two additional hours of operation and the allowance for non-amplified music within the restaurant will not significantly alter the operational character of the restaurant. Additional 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 modification of the alcoholic beverage control license to the existing 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 on the premises and is incidental to the restaurant use. Moreover, conditions are imposed to mitigate any 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 existing 2,500 square foot restaurant is suitable and appropriate within the downtown setting. The addition of alcoholic beverage sales in conjunction with food sales within the outdoor dining area, the addition of a bar and entertainment, and a change in hours of operation, should increase the patronage to the restaurant, thereby enhancing viability of the business. Further, with the conditions imposed the use and site should bolster the success of the area, building on the successful business climate of 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 alcoholic beverages, pursuant to Chapter 41 of the Santa Ana Municipal Code. ~. 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 Central Business (C3) zoning district and the General Commercial (DC) General Plan designation. 2. Modification to Conditional Use Permit No. 95-11 is hereby approved in part as conditioned in Attachment A, attached hereto and incorporated herein. • • ADOPTED this ~_ day of FF.BRi TARP, 2001, by the following vote: • ATTEST: ~~~_ ~ '~~l'~.~--- Sharon McCain-Johnson Secretary to the Planning Commission ~9 r~~~- V Charlie View Zoning Administrator APPROVED AS TO FORM: C~~~~~ Christopher G. Norman Assistant City Attorney • RESOLUTION NO. Ol-OS .APRIL 9, 2001 PAGE 1 OF 4 Conditions for Approval Should modification to Conditional Use Permit No. 95-11 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. Az~y 'aT~dme~~ to th~,s Gonc~~~~.anal u~.~ permit ~~ ~~~', Submitted to th.~ ~P~.a~ning Division and Police I7epart~t~ra,~~„~ ,~.~,~ ~~v.ew. (Modified by the Zoning Administrator February 28, 2001). 2 . T~,~ , a~,cp,kla~.ic ~~ b~'~~;~~;g~ ~t~.t2~~g~: and di~p~.~y ~r~a may,;'~i,~~~~;;~~~exce~d five percent of tY~e restaurant's gross, f1QVr a~e,~• (Modified by the Zoning Administrator February 28, 2001). 3 . ~k~e ~~ ,..= p~'o'~ect s~a11 x'em~b~ti~;~, comp7.an,ce. ~~i~k~.~~?~~~~~~;:~?~-.~ ,Review '~',~eve,lQp~ent ,`~~'Q,j,ect Np.~ ` ~C?-066 ),T (Modified by the Zoning Administrator February 28, 2001). B. Police Department 1. The existing suite must conform with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ord:inance). These codes will require that the existing project's lighting, doorlwindow locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. • ATTACHMENT A RESOLUTION NO. 01-05 .APRIL 9, 2001 PAGE 2 OF 4 2. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, all conditions must be complied with: 1.) The applicant shall be responsible for maintaining the premises free of graffiti. -All graffiti shall be removed within 24 hours of occurrence. 2.) Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 3.) Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 4.) Window displays and racks must be kept to a maximum height of three feet including merchandise. • 5.) Sales, service, and consumption of alcoholic beverage shall be permitted only between the hours of 7:00 a.m. and 11:00 p.m. Sunc'~,~y, ~thrcau h Thins '" ~`' 12~~;~0 ~~~ :~midn~ght) ~r~day axed :'~~~~;;~~u~a (Modified by the zoning Administrator February 28, 2001). 6. ) There shall be no 3i~~e~~rt~=~e~ amplified music or p~;~;;~;,C dancing permitted on the premises at any time. (Modified by the Zoning Administrator February 28, 2001). 7 . ) T~iv~" er~~er~a,~~,m~r~~ p~=QVided sl~l'l. ,k~e ~'a. ' ~' '¢~~~'i~~~~~~~,,; ~1i~~4~ ~ n ~ ~!~ o.~ th~e~ ' m~s~ians w~'~k~ non--ampli~~.~d ~~ ;'+'.a't~d i~ tho . r~~~aurant i~t~r,or gnly,. (Modified by the Zoning Administrator February 28, 2001). 8 . ) ~~~~` ~z}~~r~~~.}une~t 'a.~ a~~,~.c~w~d ~ ~ C ~~ ~~~~~„; ~~,.,ai~~~~~~,~k~~~~~~ ;;;;~~~~.. (Modified by the Zoning Administrator February 28, 2001). 9.) The subject alcoholic beverage license shall not be • exchanged for a public premises type of license nor operated as a public premises. RESOLUTION NO. 01-05 • APRIL 9, 2001 PAGE 3 OF 4 10.) 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. 11.) The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food ai o•~~r ~ ~~a:~:~" during the same a period. (Modified by the Zoning Administrator February 28, 2001). 12.) No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 13.) The sale of beer and/or wine, for consumption off the premises is prohibited. 14.) All public telephones shall be located on the interior of • the premises. 15.) The petitioner(s) shall be responsible for maintaining the premises free of litter, including the area adjacent to the premises over which he has control. 16.) There shall be no pool tables or coin operated games maintained upon the premises at any time. 17 . ) T~i2~ =a~b~:e-~~~e~b~-e~=e~ge-a-yea--~rpe~r--tire ~~e~s ec-~--~~ex~rs e9--~a~r~a~ec~--~e~~~g~~ge~-e~---sa~~ 9 c~TOTi c~6~ce~c-ser~e~zrree~e~e~ e=c~ei°&~PS--{~rl~' ee~~-~6 (Modified by the Zoning Administrator February 28, 2001). 18.) At all times when the premises are open for business, the sale and service of alcoholic beverages `~' ~~, ~~~';`~'~~r~~~ii~ ~ t ''`+~r~~l V~~~ii~'i~1`~~£:~'~Q,~~`,, ~f' ~~',~r~;' shall be made only in conjunction with the sale and service of food. (Modified by the Zoning Administrator February 28, 2001). • 19.) 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. SOLUTION NO. 01-05 ~RIL 9, 2001 PAGE 4 OF 4 20. ) ~rkt~~x'ta~.x~mexa,t' pr~~~~~~ ~e shall not be audible beyond 2 p ~~' ~~~~~~ .~'frLP~,t; ~~~;,~~~~~'S?~ t~i~~re~=tee= the ^~~ •e~ t~~~ree~ee p~e~~~~~;ir~ ,:'any ',~~.~~~;~;;~„}~ • (Modified by the Zoning Administrator February 28, 2001). 21. ) Thy ~r.i-ses shall not be " oR~z~~~~~;~~~~~,~#~~~.I~~„~~,;;!; ~,c~~z~.~, entertaaru~~~,1~ bus,~,~,ass a~ such tee ~ ~~'~~~~~~'~•~t .~~t,;;~G~.~a ~~ ~~'~~~~:~~~~~a~. Cc~d,~ .'~~.~.7Q~~~.~,,6~, (Modified by the Zoning Administrator February 28, 2001). 22.) The premises shall not be operated as an adult entertainment business as such term defined in Santa Ana Municipal Code Chapter 41-12.2, a copy of which is attached hereto. 23.) 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, a copy of which is attached hereto. 24. ) The'4~~~~~a'lx be,eva~~a~~,~ after X90 ~,~Y+~~+ '!i ~~ ,, ~~a~ ;one YEa~''. '~~ annual:ly ''the~~a~tex `i.r~ t~~'~;~ :~ . ~ `~~ cQmpliaz~•Ge with the abc~.u~ ca~,dit;iQns' (Modified by the Zoning Administrator February 28, 2001).