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RESOLUTION NO.00-28
A RESOLUTION OF THE ZONING ADMINISTRATOR
OF THE CITY OF SANTA ANA APPROVING
CONDITIONAL USE PERMIT NO.00-11 TO ALLOW A
TYPE 47 ALCOHOL BEVERAGE CONTROL LICENSE
FOR ON-PREMISES CONSUMPTION OF BEER, WIlVE
AND DISTII.LED SPIRITS AT THE EMERALD BAY
RESTAURANT, LOCATED AT 5015 WEST EDINGER
AVENUE, SUITE V
WHEREAS, Conditional Use Permit No. 00-11 came before the Zoning Administrator for a
public hearing on July 12, 2000, to allow a Type 47 Alcohol Beverage Control License for on-
premises consumption of beer, wine and distilled spirits at the Emerald Bay Restaurant, located
5015 West Edinger Avenue, Suite V, Santa Ana; and
WHEREAS, following said public hearing, the Zoning Administrator determined to
approve Conditional Use Permit No. 00-11, 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 upgrade to an ABC License at an existing restaurant will provide a
service to the community by making available additional alcoholic beverages for
ancillary consumption at the restaurant. 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. The sale of alcoholic beverages will only occur inside the premises, which
also minimizes potential impacts to the surrounding area.
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C. Will the proposed use adversely affect the present economic stability or future economic
development of properties surrounding the area?
The 5.7 acre site is a retail center that is suitable for the proposed project. Numerous
retail and restaurant uses are currently found in the center, with the 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.
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 Commercial
(GC) designation. Additionally, the project, as designed, is in compliance with the
regulations identified in the zoning code.
2. Conditional Use Permit No. 00-11 is hereby approved, subject to conditions, as set forth
in Attachment A, attached hereto and incorporated herein.
ADOPTED this J2- day of Tl~ly , 2000
ATTEST:
~,~ ~a ~r----.
Kenneth Adams
Planning Manager
Planning and Building Agency
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RESOLUTION NO. 00-28
Y 12, 2000
PAGE 1 OF 3
Conditions for Approval
Should Conditional Use Permit No. 00-11 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:
A. Planning Division
1. The applicant must comply in full with each and every condition
listed below prior to exercising the rights conferred by this
conditional use permit.
2. 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.
• 3. All ro osed site improvements must conform with the Site Plan
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Review approval of DP No. 99-105.
4. 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 suite and parking lot, within 60 feet of the suite,
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.
2. Prior to issuance of Letter of Approval to the Alcohol Beverage
Control Board, all conditions must be complied with.
• 3. The applicant shall be responsible for maintaining the premises
free of graffiti. All graffiti shall be removed within 24 hours
of occurrence.
ATTACHMENT A
SOLUTION NO. 00-28
'JULY 12, 2000
PAGE2OF3
4. Window displays must be kept to a minimum for maximum visibility
and shall not exceed 25 percent window coverage.
5. Window displays and racks must be kept to a maximum height of
three feet including merchandise.
6. Sales, service, and consumption of alcoholic beverages shall be
permitted only between the hours of 7:00 a.m. and 12:00 a.m.
7. Live entertainment or amplified music is limited to no more than
three musicians or entertainers. Live entertainment and public
dancing is only permitted on the premise in conjunction with
wedding or banquet events.
8. 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.
• 9. There shall be no ool tables or coin-o erated ames maintained
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on the premises at any time.
10. The quarterly gross sales of alcoholic beverages shall not
exceed the gross sales of food during the same time period.
11. No alcoholic beverages shall be consumed on any property
adjacent to the licensed premises under the control of the
licensee.
12. The sale of beer and/or wine for consumption off the premises is
prohibited.
13. All public pay telephones shall be located inside the licensed
premises.
14. The subject alcoholic beverage license shall not be exchanged
for a public premises type license nor operated as a public
premises.
15. At all times when the premises are open for business, the sale
• and service of alcoholic beverages shall be made only in
conjunction with the sale and service of food.
SOLUTION NO. 00-28
'DULY 12, 2000
PAGE 3 OF 3
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16. The premises shall be maintained as a bona fide restaurant and
shall provide a menu containing an assortment of foods normally
offered in such restaurants.
17. The premises shall not be operated as an adult entertainment
business as such term defined in Santa Ana Municipal Code
Chapter 41=1701.6.
18. 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.
19. At all times that private functions are being conducted, the
applicant shall employ one uniformed, state-licensed security
guard for every 100 persons, or portion thereof, in attendance
for the purpose of keeping the peace. These guards shall also
insure the safety of patrons in front and rear parking areas and
shall remain in the parking lot until all the patrons have
cleared the premises.
Every security guard employed by the applicant shall first be
approved by the Chief of Police, or his designate. If there is
a marked or noticeable increase in the number of police related
incidents on or near the premises, as such increase may be
determined by the Chief of Police, the applicant shall increase
the number of uniformed, state-licensed security guards to a
total number of guards as determined by the Chief of Police.
20. The Conditional Use Permit shall be reviewed at three months,
six months, at one year, and then annually thereafter by the
Police Department for any modification to the conditions of
approval.
21. Music shall not be played outside nor be audible beyond the area
under the control of the license.
22. The permanently affixed stage area shall be used for live
entertainment or performances only in conjunction with wedding
or banquet events.
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