Loading...
HomeMy WebLinkAbout2000-30RESOLUTION NO.00-30 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO.00-12 TO ALLOW A TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE FOR ON-PREMISE CONSUMPTION OF BEER AND WINE AT GEORGE'S THAI BISTRO, LOCATED AT 3732 SOUTH BRISTOL STREET WHEREAS, Conditional Use Permit No. 00-12 came before the Zoning Administrator for a public hearing on August 9, 2000, to allow a Type 41 Alcohol Beverage Control License for on- premise consumption of beer and wine at the George's Thai Bistro, located 3732 South Bristol Street, Santa Ana; and WHEREAS, following said public hearing, the Zoning Administrator determined to approve Conditional Use Permit No. 00-12, subject to conditions. NOW, THEREFORE, BE TT 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 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 use, the addition 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 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. 1 C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The 21.31-acre site is a retail center that is suitable for the proposed use. The addition of alcoholic beverages to the menu at George's Thai Bistro 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 District Center (DC) General Plan designation and the General Commercial (C2) zoning district. Additionally, the use, as conditioned, is in compliance with the regulations identified in the zoning code. 2. Conditional Use Permit No. 00-12 is hereby approved, subject to conditions, as set forth in Attachment A, attached hereto and incorporated herein. ADOPTED this ~-day of ~g»cr , 2000. ATTEST: ~. ~ Kenneth Adams Planning Manager Planning and Building Agency • 2 APPROVED AS TO FORM: SOLUTION NO. 00-30 AGE 1 OF 4 Conditions for Approval Should Conditional Use Permit No. 00-12 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 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. 1. One conventional range/oven 2. An automatic dishwasher 3. A double sink 4. A 25 cubic foot refrigerator 5. 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 project shall remain in compliance with Site Plan Review (DP No. 00-015). • ATTACHMENT A SOLUTION NO. 00-30 AGE 2 OF 4 B. Police Department 1. There shall be no ~e fixed bar or lounge maintained on the premises for the sole purpose of sale, service, or consumption of alcoholic beverages directly to patrons for consumption. (Modified by the Zoning Administrator August 9, 2000; modified by the Planning Commission September 11, 2000). 2. The sale of beer and/or wine for consumption off the premises is prohibited. 3. There shall be no live entertainment, amplified music, or dancing permitted on the premises at anytime. 4. There shall be no music played outside. Any background music or noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 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. 6. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 7. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 8. There shall be no pool tables or coin-operated games maintained upon the premises at any time. 9. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. 10. 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. • 11. The subject alcoholic beverage license shall not be exchanged for a public premises license nor operated as a public premises. SOLUTION NO. 00-30 AGE 3 OF 4 12. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. to 12:00 a.m. 13. All public telephones shall be located on the interior of the premises. 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. The premises shall not be operated as an adult entertainment business as such term defined in Santa Ana Municipal Code section 41-1701.6. 16. The proposed use shall be evaluated after 90 days, six months, and annually thereafter in order to determine compliance with the above conditions. • 17. The existin restaurant and arkin lot within 60 feet of the g P g restaurant must conform with 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. 18. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board all conditions must be in compliance. 19. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 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. SOLUTION NO. 00-30 ~AGE40F4 22. Window displays and racks must be kept to a maximum height of three feet including merchandise. 23. Interior displays and racks must be kept to a maximum of five feet including merchandise. 24. Install a silent armed robbery alarm. 25. The counter space identified in Exhibit 4 shall not be used exclusively for liquor. It shall include the sale of food products. (Modified by the Zoning Administrator August 9, 2000). •