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HomeMy WebLinkAboutZA PACKET 05-18-2011If you need special assistance to participate in this Zoning Administrator meeting, please contact Ellen Smiley, City ADA Program Coordinator, at (714) 647-5340. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Members of the public are allowed three (3) minutes to speak on each agenda item, but when any group desires to address the committee, the committee may request that its members agree on a spokesperson to make the presentation. ZONING ADMINISTRATOR PUBLIC HEARING MAY 18, 2011 City Hall Ross Annex Second Floor Conference Room 20 Civic Center Plaza, Santa Ana, CA 92701 CALL TO ORDER: 9:00 a.m. Zoning Administrator: Vince Fregoso Recording Secretary: Jocelyn Magalona 1. CONDITIONAL USE PERMIT NO. 2011-12 (Verny Carvajal) Filed by Jennifer Chavez to allow the off-premise sale of beer and wine (Type 20 ABC license) for Walgreens located at 1301 East Seventeenth Street in the Community Commercial (C1) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: May 6, 2011 PUBLICLY NOTICED: May 6, 2011 RECOMMENDATION: Adopt a resolution denying Conditional Use Permit No. 2011-12. 2. CONDITIONAL USE PERMIT NO. 2011-13 (Verny Carvajal) Filed by Jennifer Chavez to allow the off-premise sale of beer and wine (Type 20 ABC license) for Walgreens located at 1715 North Bristol Street in the Bristol Street Corridor Plan No. 1 (SP1) and Two-Family Residential (R2) zoning districts. PUBLISHED IN THE ORANGE COUNTY REPORTER: May 6, 2011 PUBLICLY NOTICED: May 6, 2011 RECOMMENDATION: Adopt a resolution denying Conditional Use Permit No. 2011-13. 3. Public Comments Adjournment If you need special assistance to participate in this Zoning Administrator meeting, please contact Ellen Smiley, City ADA Program Coordinator, at (714) 647-5340. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Members of the public are allowed three (3) minutes to speak on each agenda item, but when any group desires to address the committee, the committee may request that its members agree on a spokesperson to make the presentation. ZONING ADMINISTRATOR PUBLIC HEARING MAY 18, 2011 City Hall Ross Annex Second Floor Conference Room 20 Civic Center Plaza, Santa Ana, CA 92701 CALL TO ORDER: 10:30 a.m. Zoning Administrator: Sergio Klotz Recording Secretary: Jocelyn Magalona 1. CONDITIONAL USE PERMIT NO. 2011-09 (Verny Carvajal) (Continued by Zoning Administrator: April 27, 2011 to May 18, 2011) Filed by Josafat Zamora to allow on-premise sale and consumption of beer and wine (Type 41 ABC license) at the Mariscos Zamora restaurant at 3701 West McFadden Avenue, Units G-J located in the North Harbor Specific Plan (SP-2) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: April 15, 2011 PUBLICLY NOTICED: April 14, 2011 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2011-09 as conditioned. 2. CONDITIONAL USE PERMIT NO. 2011-07 (Vince Fregoso) (Continued by Zoning Administrator: April 20, 2011 to April 27, 2011; April 27, 2011 to May 4, 2011; May 4, 2011 to May 18, 2011) Filed by Adolfo Lopez to allow the on-premise sale and consumption of beer, wine and distilled spirits (Type 47 ABC license) within the Karmina Restaurant located at 515 North Main Street, Suite B, in the Specific Development No. 84/Downtown (SD-84) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: April 4, 2011 PUBLICLY NOTICED: April 7, 2011 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2011-07 as conditioned. 3. Public Comments AJOURNMENT Resolution No. 2011-XX Page 1 of 5 ROH – 05/18/11 RESOLUTION NO. 2011-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2011-12 FOR A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1301 EAST SEVENTEENTH 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. The applicant is requesting approval of Conditional Use Permit No. 2011-12 for a Type 20 Alcoholic Beverage Control license, which allows the sale of beer and wine for off-premise consumption, for the property located at 1301 East Seventeenth Street. B. Conditional Use Permit No. 2011-12 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on May 18, 2011. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages. D. The Zoning Administrator determines that the following findings, which must be established in order to grant a Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have not been established: 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 alcohol license will not provide a service to the community since there are five other establishments in the vicinity that offer beer and wine for off-premise sales. An additional off-premise alcoholic beverage license will not further benefit the adjacent commercial and residential areas as there appear to be multiple outlets which offer similar off-sale beer and wine in the immediate vicinity. Further, the Resolution No. 2011-XX Page 2 of 5 City has been designated to make determinations of public convenience or necessity in certain circumstances and is required to prepare this letter and provide it to the applicant who must in turn submit it to ABC prior to issuance of the requested alcohol sales license. This letter would have to find that there exists a need for additional liquor sales establishments in order to serve the public convenience and necessity. Such findings would have to state that the area is not already adequately served by establishments selling alcohol. However, there currently exist five off-sale liquor establishments within the census tract. 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 off-premise liquor license will be detrimental to persons residing and working in the area as the off-premise sale of alcoholic beverages has the potential to create nuisances such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses and residential neighborhoods. These potential negative impacts to surrounding properties are further compounded by the subject property’s location within 1,000 feet of two schools and a sports field attended primarily by minors. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use would adversely affect the present economic stability or future economic development of properties surrounding the area. The denial of this application would support Policy 4.5 of the Economic Element of the General Plan which discourages making land use decisions based purely on fiscal considerations but also the qualitative implications that are associated. This new alcohol license’s potential to increase nuisance crimes will adversely affect the economic stability of the surrounding properties. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? Resolution No. 2011-XX Page 3 of 5 The proposed alcohol license will not be in compliance with all applicable conditions of Chapter 41 of the Santa Ana Municipal Code regarding off-premise general liquor license since this location meets each of the three criteria established for defining over concentration. The Santa Ana Municipal Code defines the over concentration of alcohol licenses as a site that meets any one of the following criteria: 1. The premise is located within 1,000 feet of another existing off-premise license location; The subject property is within 1,000 feet of five other off-premise alcohol licenses: Stater Bros. 2360 North Tustin Avenue Type 21 7 Eleven 2647 North Grand Avenue Type 20 Food 4 Less 1900 North Grand Avenue Type 21 Tustin Liquor 2370 North Tustin Avenue Type 21 CVS Pharmacy 1750 North Tustin Avenue Type 21 2. The premise is located within 1,000 feet of any property used as a school primarily attended by minors, a church or a park; The subject property is also within 1,000 feet of two schools and a sports field attended primarily by minors: Sierra Intermediate School 2021 North Grand Avenue Cathy’s Kids Club Pre- School 1735 North Grand Avenue The North East Santa Ana Little League Adjacent 3. The premise is determined to be over concentrated by the State Department of Alcoholic Beverage Control. The premise is also determined to be over concentrated by the State Department of Alcoholic Beverage Control. Based on census information, the State allows four off-sale outlets within this tract; however, five active off-sale establishments currently exist. Approval of this application will require the City to provide a letter Resolution No. 2011-XX Page 4 of 5 of Public Convenience or Necessity to the State Department of Alcohol Beverage Control 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed alcohol license will adversely affect the General Plan in several ways. The new alcohol license will be inconsistent with Policy 2.9 of the Land Use Element which supports developments that create a business environment that is safe and attractive. The alcohol license increases the potential for nuisance crimes such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses and residential neighborhoods. The granting of this application is also inconsistent with Policies 5.1 and 5.5 of the Land Use Element of the General Plan which discourages projects that are not compatible with surrounding land uses and have the potential to negatively impact their quality of life. The projects proximity to both residential properties as well as other sensitive land uses identified in the over concentration criteria further support the denial of this application. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15270. This Statutory Exemption states that CEQA does not apply to projects which a public agency rejects or disapproves. Statutory Exemption Environmental Review No. 2010-148 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby denies Conditional Use Permit No. 2011-12. This decision is based upon the evidence submitted at the abovesaid hearings, which includes, but is not limited to: the Request for Zoning Administrator Action dated May 18, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 18th day of May, 2011. Resolution No. 2011-XX Page 5 of 5 _______________________ Vince Fregoso Acting Zoning Administrator APPROVED AS TO FORM: Joseph Straka, City Attorney By:________________________ Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2011-XX to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on May 18, 2011. Date: ________________ ____________________________________ Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2011-XX Page 1 of 4 ROH – 05/18/11 RESOLUTION NO. 2011-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2011-13 FOR A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1715 NORTH BRISTOL 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. The applicant is requesting approval of Conditional Use Permit No. 2011-13 for a Type 20 Alcoholic Beverage Control license, which allows the sale of beer and wine for off-premise consumption, for the property located at 1715 North Bristol Street. B. Conditional Use Permit No. 2011-13 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on May 18, 2011. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages. D. The Zoning Administrator determines that the following findings, which must be established in order to grant a Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have not been established: 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 project will not provide a service to the community since the new license would create a new off-sale establishment within 1,000 feet of two schools primarily attended by minors. The off-premise alcoholic beverage license has the potential to impact minors and residents in the adjacent commercial and residential areas. The established distance criterion Resolution No. 2011-XX Page 2 of 4 was intended to protect the health and safety of 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 alcoholic beverage control license would be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The Police Department has determined that the proposed market is located in an area that is above average in police-related incidents and is located within Reporting District No.143, which ranks 61st out of 102 citywide districts in total number of police-related incidents. Studies have shown that alcohol is a contributing factor in crimes, such as drunk driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in public and other nuisance type of offenses. The addition of an alcohol sales establishment would further contribute to the already high crime rate in the area. These potential negative impacts to surrounding properties are further compounded by the subject property’s location within 1,000 feet of two schools attended primarily by minors. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use would adversely affect the present economic stability or future economic development of properties surrounding the area. The denial of this application would support Policy 4.5 of the Economic Element of the General Plan which discourages making land use decisions based purely on fiscal considerations but also the qualitative implications that are associated. This new alcohol license’s potential to increase nuisance crimes will adversely affect the economic stability of the surrounding properties. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? The proposed alcohol license will not be in compliance with all applicable conditions of Chapter 41 of the Santa Resolution No. 2011-XX Page 3 of 4 Ana Municipal Code regarding off-premise general liquor license since this location meets one of the three criteria established for defining over concentration. The Santa Ana Municipal Code defines the over concentration of alcohol licenses as a site that meets any one of the following criteria: 1. The premise is located within 1,000 feet of another existing off-premise license location; 2. The premise is located within 1,000 feet of any property used as a school primarily attended by minors, a church or a park; 3. The premise is determined to be over concentrated by the State Department of Alcoholic Beverage Control. Although the subject property is not within 1,000 feet other off-premise alcohol licenses, or determined to be overconcentrated by the State, the subject property is within 1,000 feet of two schools attended primarily by minors at 2000 North Bristol Street and at 1530 West Seventeenth Street. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed alcohol license will adversely affect the General Plan in several ways. The new alcohol license will be inconsistent with Policy 2.9 of the Land Use Element which supports developments that create a business environment that is safe and attractive. The alcohol license increases the potential for nuisance crimes such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses and residential neighborhoods. The granting of this application is also inconsistent with Policies 5.1 and 5.5 of the Land Use Element of the General Plan which discourages projects that are not compatible with surrounding land uses and have the potential to negatively impact their quality of life. The projects proximity to both residential properties as well as other sensitive land uses identified in the over concentration criteria further support the denial of this application. Resolution No. 2011-XX Page 4 of 4 E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15270. This Statutory Exemption states that CEQA does not apply to projects which a public agency rejects or disapproves. Statutory Exemption Environmental Review No. 2010-116 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby denies Conditional Use Permit No. 2011-13. This decision is based upon the evidence submitted at the abovesaid hearings, which includes, but is not limited to: the Request for Zoning Administrator Action dated May 18, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 18th day of May, 2011. _______________________ Vince Fregoso Acting Zoning Administrator APPROVED AS TO FORM: Joseph Straka, City Attorney By:________________________ Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2011-XX to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on May 18, 2011. Date: ________________ ____________________________________ Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2011-xx Page 1 of 7 ROH – 05/18/11 RESOLUTION NO. 2011-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING 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 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. 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. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption. D. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to approve 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 alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer and wine with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food- related amenity. 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. Resolution No. 2011-xx Page 2 of 7 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 license for the on-sale consumption of beer and wine at the restaurant will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use 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 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 alcoholic beverages for sale 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 selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code and the guidelines established by the Planning Commission for restaurants selling alcohol with their meal. 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 will utilize 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 an ancillary alcohol license provides a dining service to the residents of Santa Ana. Resolution No. 2011-xx Page 3 of 7 E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. 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 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 April 27, 2011, and exhibits attached thereto; the Request for Zoning Administrator Action dated May 18, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 18th day of May, 2011. _______________________ Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Joseph Straka, City Attorney By:________________________ Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2011-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on May 18, 2011. Date: ________________ ____________________________________ Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2011-xx Page 4 of 7 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 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. 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-xx Page 5 of 7 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 within 60 feet 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. (Modified by the Zoning Administrator April 27, 2011) 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-xx Page 6 of 7 9. There shall be no live entertainment, amplified music, strolling musicians or dancing permitted on the premises at any time. (Modified by the Zoning Administrator April 27, 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 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. (Modified by the Zoning Administrator April 27, 2011) 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. A timed-access cash controller or drop safe must be installed. Exhibit A Page 4 of 4 Resolution No. 2011-xx Page 7 of 7 Resolution No. 2011-xx Page 1 of 7 ROH – 05/18/11 RESOLUTION NO. 2011-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2011-07 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 515 NORTH MAIN STREET, UNIT B 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 Conditional Use Permit No. 2011- 07 for a Type 47 (on-sale general) Alcoholic Beverage Control (ABC) license to allow the sales of beer, wine and distilled spirits for the property located at 515 North Main Street, Unit B. B. Conditional Use Permit No. 2011-07 came before the Zoning Administrator of the City of Santa Ana on April 20, 2011, for a duly noticed public hearing. On April 20, 2011, the Zoning Administrator of the City of Santa Ana continued the matter to April 27, 2011. On April 27, 2011, the Zoning Administrator of the City of Santa Ana continued the public hearing to May 4, 2011. On May 4, 2011, the Zoning Administrator of the City of Santa Ana continued the public hearing to May 18, 2011. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption. D. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to approve 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 alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer, wine and distilled spirits with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary Resolution No. 2011-xx Page 2 of 7 food-related amenity. 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. 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 license for the on-sale consumption of beer, wine and distilled spirits at the restaurant will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use 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 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 alcoholic beverages for sale 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 selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code and the guidelines established by the Planning Commission for restaurants selling alcohol with their meal. 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 will utilize 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? Resolution No. 2011-xx Page 3 of 7 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 an ancillary alcohol license provides a dining service to the residents of Santa Ana. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2010-141 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby, approves the Conditional Use Permit No. 2011-07 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 April 27, 2011, and exhibits attached thereto; the Request for Zoning Administrator Action dated May 18, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 18th day of May, 2011. _______________________ Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Joseph Straka, City Attorney By:________________________ Ryan O. Hodge Assistant City Attorney Resolution No. 2011-xx Page 4 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2011-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on May 18, 2011. Date: ________________ ____________________________________ Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2011-xx Page 5 of 7 Conditions for Conditional Use Permit No. 2011-07 Conditional Use Permit No. 2011-07 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 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2007-61. 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. 3. Prior to approval of the conditional use permit, the applicant shall submit a detailed floor plan of the existing restaurant on the first floor to verify the facility is a bona fide eating establishment. 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. Exhibit A Page 1 of 3 Resolution No. 2011-xx Page 6 of 7 B. Police Department 1. 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. 2. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 3. 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. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 4. 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). 5. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 6. 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. 7. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 8. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. 9. Ambient noise/music shall not be audible beyond 20 feet from the exterior of the premises in any direction. 10. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. 11. 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. Exhibit A Page 2 of 3 Resolution No. 2011-xx Page 7 of 7 12. 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. 13. 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. 14. 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. 15. 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. 16. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, Police Planning Department Condition No. 15 3 must be complied with. (Modified by the Zoning Administrator April 27, 2011) 17. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 18. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 19. Window displays and racks must be kept to a maximum height of three feet including merchandise. 20. A timed-access cash controller or drop safe must be installed. 21. Install a silent armed robbery alarm Exhibit A Page 3 of 3