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ROH - 11/2/11
RESOLUTION NO. 2011-13
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA MODIFYING CONDITIONAL
USE PERMIT NO. 2011-09 TO ALLOW A TYPE 41
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE
PROPERTY LOCATED AT 3701 WEST MCFADDEN
AVENUE, SUITES G-J
BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Zoning Administrator of the City of Santa Ana hereby finds,
determines and declares as follows:
A. The applicant is requesting approval of modification of Conditional Use
Permit No. 2011-09 for a Type 41 Alcoholic Beverage Control (ABC) license
to allow the on-premise consumption of beer and wine at the restaurant
located at 3701 West McFadden Avenue, Suites G-J. Conditional Use
Permit No. 2011-09 came before the Zoning Administrator of the City of
• Santa Ana on October 26, 2011, for a duly noticed public hearing. On
October 26, 2011, the Zoning Administrator of the City of Santa Ana
continued the public hearing to November 2, 2011.
B. Conditional Use Permit No. 2011-09 came before the Zoning
Administrator of the City of Santa Ana on April 27, 2011, for a duly noticed
public hearing. On April 27, 2011, the Zoning Administrator of the City of
Santa Ana continued the public hearing to May 18, 2011. On May 18,
2011, the Zoning Administrator approved Conditional Use Permit No.
2011-09.
C. The applicant is requesting the following modifications to Conditional Use
Permit No. 2011-09, for a Type 41 Alcoholic Beverage Control (ABC)
license to allow the on-premise consumption of beer and wine at the
restaurant located at 3701 West McFadden Avenue, Suites G-J:
Extend hours of operation from 12:00 a.m. until 2:00 a.m.
2. Delete the condition that, "There shall be no live entertainment,
amplified music, strolling musicians or dancing permitted on the
premises at any time. A juke box is allowed as background ambient
noise so long as the noise level is not audible beyond twenty (20)
feet of the business."
Resolution No. 2011-13
Page 1 of S
• D. Santa Ana Municipal Code Section 41-196 requires a conditional use
permit for the sale of alcoholic beverages for on-site consumption.
E. Santa Ana Municipal Code Sections 41-649 and 41-638 authorize the
Zoning Administrator to modify a conditional use permit upon making
certain findings:
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The proposed modifications for extended hours of operation
and for karaoke and strolling musicians will provide an
ancillary service to the restaurant by allowing customers
greater opportunities to patronize the restaurant. This will
thereby benefit the community by providing a restaurant with
additional and complementary food-related amenities such
as extended hours of operation. and strolling live musicians.
Conditions have already 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.
2. 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 modifications to 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 karaoke and strolling musicians
activities will occur on the premises. Moreover, conditions
are imposed to mitigate potential impacts to those in the
vicinity.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed use will not adversely affect the economic
stability of the area, but will instead allow the restaurant to
compete with other restaurants in the area that also offer
extended hours of operation and karaoke and strolling
musician activities to their patrons.
4. 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 offering extended hours of operation and karaoke
and strolling musicians pursuant to Chapter 41 of the Santa
Resolution No. 2011-13
Page 2 of 8
• Ana Municipal Code and the guidelines established by the
Planning Commission for such restaurants. Pursuant to
previous conditions, the facility has the kitchen equipment
necessary to be considered a bona fide restaurant use and
is eligible to obtain a restaurant related alcoholic beverage
control license. Additionally, the restaurant utilizes less than
five percent of the gross floor area for the storage of
alcoholic beverages, which is below the maximum threshold
established by the Planning Commission.
5. 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.
Policy 2.2 of the Land Use Element encourages land uses
that accommodate the City's needs for goods and services.
A restaurant with extended hours of operation and that offers
karaoke and strolling musicians provides a dining service to
the residents of Santa Ana.
F. In accordance with the California Environmental Quality Act the
recommended action is exempt from further review per Section
15061(b)(3), which is a general rule exemption applying to projects that
have no possibility of having a significant impact on the environment.
• Categorical Exemption Environmental Review No. 2011-32 will be filed for
this project.
Section 2. The Zoning Administrator of the City of Santa Ana hereby approves
the modifications to Conditional Use Permit No. 2011-09 as conditioned in Exhibit "A"
attached hereto and incorporated herein. This decision is based upon the evidence
submitted at the above said hearing, which includes, but is not limited to: the Request
for Zoning Administrator Action dated October 26, 2011, and exhibits attached thereto;
the Request for Zoning Administrator Action dated November 2, 2011, and exhibits
attached thereto; and the public testimony, all of which are incorporated herein by this
reference.
ADOPTED this 2nd day of November, 2011.
Resolution No. 2011-13
Page 3 of 8
APPROVED AS TO FORM:
Joseph Straka, City Attorney
By
Ry
As:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and
certify the attached Resolution No. 2011-13 to be the original resolution adopted by the
Zoning Administrator of the City of Santa Ana on November 2, 2011.
Date: -%' I -
Clerk of the Zoning; mini rator
• City of Santa An
Resolution No. 2011-13
Page 4 of 8
• Modified Conditions for Conditional Use Permit No. 2011-09
Conditional Use Permit No. 2011-09 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the California Building Standards
Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below rip or 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. Conditional Use No. 97-15 and associated findings and conditions shall
become null and void should Conditional Use Permit No. 2011-09 be
approved.
2. All proposed site improvements must conform to the Site Plan Review
approval of DP No. 2010-3.
• 3. 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.
4. The restaurant must be maintained as a bona fide eating establishment. An
eating establishment as defined by the Alcoholic Beverage Control Board
and the Planning Commission must include the following items:
a. One conventional range/oven
b. An automatic dishwasher
c. A double sink
d. A 25 cubic foot refrigerator
e. A four-foot by six-foot food preparation area
5. The alcoholic beverage storage and display area may not exceed five
percent of the restaurant's gross floor area.
6. Submit a planned sign program for review and approval to include
regulation of temporary signs, window signs, freestanding and wall signs as
permitted by Chapter 41-860.
Exhibit A
Page 1 of 4 Resolution No. 2011-13
Page 5 of 8
•
7. There shall be no gaming devices, such as pool tables, pinball machines,
motion picture booths, etc.
8. There shall be no conduct or entertainment allowed on the premises as
prohibited by Chapter 12 of the Santa Ana Municipal Code (SAMC).
9. The trash enclosure area must be cleaned and be kept in clean condition at
all times.
10. There shall be no parking on designated Fire Department fire lanes or any
other prohibited areas.
11. There shall be no outdoor sales or consumption of alcohol.
B. Police Department
1. The existing restaurant and the entire parking lot of the 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.
2. Prior to issuance of Letter of Approval to the Alcohol Beverage Control
Board, condition 1 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.
4. The cash register must be visible from the street at all times and shall not
be obstructed at any time by temporary or permanent signage.
5. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage.
6. Window displays and racks must be kept to a maximum height of three feet
including merchandise.
7. Install a silent armed robbery alarm.
8. Sales, service and consumption of alcoholic beverages shall be permitted
only between the hours of 7:00 a.m. and 12:00 a.m.
Exhibit A
Page 2 of 4 Resolution No. 2011-13
Page 6 of 8
• 9. There shall be no live entertainment, amplified music, streAirt~-r~tssisiat~s or
dancing permitted on the premises at any time. A juke box is allowed as
background ambient noise so long as the noise level is not audible beyond
twenty (20) feet of the business. In addition, non-amplified acoustic music
such as strolling musicians and karaoke are permitted provided that the
noise level is not audible beyond twenty (20) feet of the business.
(Modifred by the Zoning Administrator November 2, 2011)
10. The subject alcoholic beverage license shall not be exchanged for a public
premises type of license nor operate as a public premises.
11. 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.
12. There shall be no coin-operated games or pool table maintained on the
premises at any time.
13. The quarterly gross sales of alcoholic beverages shall not exceed the gross
sales of food during the same period. These records are to be kept no less
frequently than on a quarterly basis and shall be made available to the City,
if requested.
• 14. No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the licensee.
15. The sale of beer and/or wine for consumption off the premises is prohibited.
16. All pay telephones shall be located on the interior of the premises. All
interior pay telephones must be designed to allow outgoing calls only.
17. 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.
18. There shall be no fixed bar or counter at which the service and consumption
of alcoholic beverages is allowed.
19. The service of alcoholic beverages shall be by waiter/waitress service only.
20. 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.
21. 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.
Exhibit A
Page 3 Of 4 Resolution No. 2011-13
Page 7 of 8
. 22. Conditional Use Permit No. 2011-09 shall be reviewed at six months by the
Zoning Administrator and at 90 days, six months, at one year and then
annually thereafter by the Police Department for any modification to the
conditions of approval.
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23. Ancillary music shall not be audible beyond the area under the control of the
licensee.
24. 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 SAMC Section 12-1 and 12-2.
25. The premises shall not be operated as an adult entertainment business as
such term defined in SAMC Section 41-1701.6.
26. Alcoholic beverages may not be sold through self-service displays or
coolers, which are the open display of alcoholic beverages accessible to the
public without the assistance of a clerk.
27. This land use authorization is only for a Type 41 on-sale beer and wine,
public eating place. Any other license use at this location will require a new
land use clearance.
28. Atimed-access cash controller or drop safe must be installed.
Exhibit A
Page 4 of 4 Resolution No. 2011-13
Page 8 of 8