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RESOLUTION NO. 2010-01
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A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2009-24 AS CONDITIONED FOR A TYPE
41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE
PROPERTY LOCATED AT 1473 SOUTH 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 Conditional Use Permit No. 2009-24 for a
Type 41 (on premise consumption of beer and wine at a bona-fide eating
establishment) Alcoholic Beverage Control license for the property located at
1473 South Main Street.
B. The request to approve Conditional Use Permit No. 2009-24 came before
• the Zoning Administrator of the City of Santa Ana for a duly noticed public
hearing on January 13, 2010.
C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit
for the sale of alcoholic beverages for off-site consumption.
D. The Zoning Administrator determines that the following findings, which must
be established in order to grant a Conditional Use Permit from the provisions
of the Santa Ana Municipal Code Section 41-638, have been established:
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 Alcoholic Beverage Control (ABC) license for
the restaurant will provide a service to the community by
allowing patrons the ability to consume an alcoholic beverage
with their meal at a bona-fide eating establishment. The ABC
license will not negatively affect the surrounding community as
conditions of approval have been included to reduce potential
impacts and avoid the potential for an attractive nuisance
being established.
2. Will the proposed use under the circumstances of the particular case
be detrirnental to the health, safety, or general welfare of persons
• residing or working in the vicinity?
Resolution No. 2010-01
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• 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
restaurant's location within a commercial corridor makes it an
appropriate location for this type of use. Additionally, the
restaurant's primary entrance faces away from the adjacent
residential properties which will reduce the potential for
negatively impacting the surrounding businesses and
residents.
3. Will the proposed use adversely affect the present economic stability
or future economic development of properties surrounding the area?
The approval of an ABC license for the existing restaurant at
this location will positively influence the present and future
economic stability of the property by further diversifying the
products and services offered in this area.
4. 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 as
well as all other State and local regulations that pertain to the
• sale of alcoholic beverages.
5. 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 Alcoholic
Beverage Control (ABC) licenses are permitted within the
General Commercial (GC) General Plan land use designation.
E. In accordance with the California Environmental Quality Act, the proposed
project is exempt from CEQA review per Section 15301. Class 1 exemption
consists of the licensing of existing private structures involving negligible or
no expansion of an existing use. Categorical Exemption Environmental
Review No. 2009-144 will be filed for this project.
Section 2. The Zoning Administrator of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2009-24 as conditioned in
Exhibit A attached hereto and incorporated as though fully set forth 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 January 13, 2010, and
exhibits attached thereto; and the public testimony, all of which are incorporated herein by
this reference.
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Resolution No. 2010-01
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ADOPTED this 13th day of January, 2010
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
-=
Cify Attorney
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JOCELYN MAGALONA, Clerk to the Zoning Administrator, do hereby attest to and
certify the attached Resolution No. 2010-01 to be the original resolution adopted by the
Zoning Administrator of the City of Santa Ana on January 13. 2010.
Date: /~~
er c to the oning Administrator
City of Santa Ana
Resolution No. 2010-01
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Conditions for Approval for Conditional Use Permit No. 2009-24
Should Conditional Use Permit No. 2009-24 be approved, the project shall comply 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. The project shall remain in compliance with Site Plan Review (DP No. 09-
52).
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2. 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. There shall be no fixed bar or lounge area upon the premises maintained
for the sole purpose of sales, service or consumption of alcoholic
beverages directly to patrons.
2. The service of alcoholic beverages shall be by waiter/waitress service
only.
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 on a quarterly basis and shall be made available to the
City if requested.
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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.
EXHIBIT A
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6. The sale of alcoholic beverages for consumption off the premises is strictly
prohibited.
7. 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. Interior displays of alcoholic beverages
or signs, which are clearly visible to the exterior, shall constitute a violation
of this condition.
8. 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).
9. The applicant(s) shall be responsible for maintaining free of litter the area
adjacent to the premises under the control of the licensee.
10. There shall be no public telephones located on the exterior of the
premises. All interior payphones must be designed to allow outgoing calls
only.
11. Any graffiti painted or marked upon the premises or on any adjacent area
under control of the licensee(s) shall be removed or painted within 72
hours of being applied.
12. The petitioner(s) shall post a placard prohibiting loitering, pursuant to
California Penal Code (CPC) Section 602, on the exterior of the premises.
13. It shall be the petitioner(s) responsibility to ensure that CPC Section 602 is
complied with at all times that the premises are in operation.
14. There shall be no pool tables, amusement machines or video games
maintained on the premises at any time.
15. There shall be no live entertainment including but not limited to strolling
musicians, amplified music or dancing on the premises.
16. Ambient noise/music shall not be audible beyond 20 feet from the exterior
of the premises in any direction.
17. The sales, service, and consumption of alcoholic beverages shall be
permitted only between the hours of 9:00 a.m. and 12:00 a.m.
18. 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.
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19. 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 SAMC section 12-1 and 12-2.
20. The premises shall not be operated as an adult entertainment business as
such term is defined in Santa Ana Municipal Code section 41-1701.6.
21. This conditional use permit shall be reviewed at six months, at one year
and then annually thereafter by the Police Department for any modification
to the conditions of approval.
22. Existing restaurant and required parking east of the restaurant parallel to
Edinger Avenue (angle parking) and parking area to the north (rear) must
conform to the provisions of Chapter 8 (Building Security Ordinance).
These code conditions will require that the existing project's lighting,
doodwindow locking devices and addressing be upgraded to current code
standards. Lighting standards cannot be located in required landscape
planters.
23. Prior to issuance of Letter of Approval to the Alcohol Beverage Control
Board, Condition No. 22 must be complied with.
24. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
25. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage.
26. Window displays and racks must be kept to a maximum height of three
feet including merchandise.
27. Atimed-access cash controller or drop safe must be installed.
28. Install a silent armed robbery alarm no later than January 13, 2011.
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