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HomeMy WebLinkAbout20101105_2010-02_2773NMainSt• RESOLUTION NO. 2010-02 ROH - 08/10/10 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA MODIFYING CONDITIONAL USE PERMIT NO. 2008-32 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 2773 NORTH MAIN STREET 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. Applicant is requesting approval of modification to Conditional Use Permit No. 2008-32, to allow a Type 47 Alcoholic Beverage Control (ABC) license which allows the on-premise consumption of beer, wine and distilled spirits at the Geisha House restaurant located at 2773 North Main Street. • B. On November 5, 2008, the Zoning Administrator of the City of Santa Ana approved Conditional Use Permit No. 2008-32. C. The applicant is requesting the following modifications to Conditional Use Permit No. 2008-32, for a Type 41 Alcoholic Beverage Control license to allow the on-premise sale of beer, wine and distilled spirits at Geisha House restaurant located at 2773 North Main Street: Allow dancing within the restaurant. The applicant is requesting a minimum of 300 square feet of dance area. 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 Section 41-649 and 41-638 authorizes the Planning Commission 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 the community? • The proposed amendment to the conditional use permit will provide an ancillary service to the restaurant and thereby benefit the community by providing an additional amenity at the eating establishment. Conditions have been placed on the alcoholic beverage control license which will mitigate any Resolution No. 2010-02 Page 1 of 3 • 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 proposed amendment to allow dancing at the location 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. Dancing will occur within the premises and is incidental to the restaurant use. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project site is located within the City Place development and is suitable for the proposed use. The provision of dancing at the Geisha House restaurant will increase the patronage to the restaurant and number of visitors to the development, thereby enhancing the profitability of the business and economic stability of the area. 4. Will the proposed use comply with the regulations and conditions • specified in Chapter 41 for such use? As conditioned, the allowance of dancing will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer, wine and distilled spirits pursuant to Specific Development No. 59 and Chapters 11 and 41 of the Santa Ana Municipal Code. 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 ancillary dancing provides an additional amenity to the existing dining service and the residents of Santa Ana. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the licensing of an existing use with no expansion. Categorical Exemption No. 2010-xx 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. 2008-32 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the Resolution No. 2010-02 Page 2 of 3 • evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated August 10, 2010, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of August, 2010. ~.- Vince Frego Zoning Administrator • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By Ry De CERTIFICATE OF ATTESTATION AND ORIGINALITY • I, MARTHA RAMIREZ, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2010-02 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on August 10, 2010. Date: ~ ~~ ~~ Coe of the Zonin City f Santa Ana Resolution No. 2010-02 Page 3 of 3 • Modified Conditions of Approval for Conditional Use Permit No. 2008-32 Conditional Use Permit No. 2008-32 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 Uniform Fire 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. (Added language highlighted, deleted language in strikeout.) 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 Planning Commission must include the following items: a. One conventional rangeloven b. An automatic dishwasher c. A double sink d. A 25 cubic foot refrigerator e. 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 grass floor area. 4. The project shall remain in compliance with Site Plan Review (DP No. 08- 45). B. Police Department 1. There shall be no fixed bar on the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. 2. Full menus and food service shall be available in the lounge area and at • the counter/bars during all operational hours. Exhibit A Page 1 of 4 .] • • 3. At all times when the premises is open for business the sale of alcoholic beverages shall be made only in conjunction with the sale of food to the person ordering the beverage. 4. 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. 5. 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. 6. The establishment shall not be operated as a public premises. 7. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 8. There shall be a server assigned to the patio area at all times that the service and consumption of alcoholic beverages is available. 9. 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. 10. It shall be the applicant(s) responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant(s). 11. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 12. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 13. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. All graffiti must be removed within 24 hours of occurrence. 14. There shall be no pool tables, coin-operated games, or video machines maintained upon the premises at any time. 15. Live entertainment and amplified music are prohibited on the premises at any time, with the exception of the proposed DJ. Exhibit A Page 2 of 4 • Ta. -T; ere "^~~ '' ~~~^ ''^"^ "" ^" +`" (Deleted by the Zoning Administrator August 10, 2010) 17. Noise/music shall not be audible beyond 20 feet from the exterior premises in any direction. 18. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 12:00 a.m. unless the Planning Commission approves the after-hours use in which case the sales, service, and consumption of alcoholic beverages will be allowed until 2:00 a.m. 19. This land use authorization is only for a Type 47 on-sale general, public eating-place, any other license use at this location will require a new land use clearance. 20. Existing restaurant and required parking within 60 feet must conform to 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. • 21. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board condition 20 must be complied with. 22. Applicant is required to provide Police Department approved armed robbery prevention training annually to all of their restaurant employees. 23. Window displays and racks must be kept to a maximum height of three feet including merchandise. 24. Atimed-access cash controller or drop safe must be installed. 25. Install a silent armed robbery alarm. 26. The dressing room indicated on the plans shall only be used by food service personnel employed by the establishment. 27. All management and food service personnel shall attend a Licensee Education on Alcohol & Drugs (LEAD) training class conducted by the State Department of Alcoholic Beverage Control. Documentation of attendance shall be kept on the premises by management at all times. r ~J Exhibit A Page 3 of 4 • • r ~ L_J Exhibit A Page 4 of 4