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HomeMy WebLinkAboutZA PACKET 12-14-2011If 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 December 14, 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. MODIFICATIONS TO CONDITIONAL USE PERMIT NO. 2009-22 (Verny Carvajal) Filed by Maria Diaz, requesting modifications to existing Conditional Use Permit No. 2009-22 to allow live music during business hours at the Tierra Blanca Restaurant at 1502 East First Street, located in the General Commercial (C2) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: December 2, 2011 PUBLICLY NOTICED: December 2, 2011 RECOMMENDATION: Adopt a resolution approving modifications to Conditional Use Permit No. 2009-22 as conditioned. 2. Public Comments Adjournment Resolution No. 2011-xx Page 1 of 7 ROH – 12/14/11 RESOLUTION NO. 2011-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA MODIFYING CONDITIONAL USE PERMIT NO. 2009-22 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1502 EAST FIRST 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 modification of Conditional Use Permit No. 2009-22 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on-premise consumption of beer and wine at the restaurant located at 1502 East First Street. Conditional Use Permit No. 2009-22 came before the Zoning Administrator of the City of Santa Ana on December 14, 2011, for a duly noticed public hearing. B. Conditional Use Permit No. 2009-22 came before the Zoning Administrator of the City of Santa Ana on September 22, 2010, for a duly noticed public hearing. On September 22, 2010, the Zoning Administrator approved Conditional Use Permit No. 2009-22. C. The applicant is requesting the following modifications to Conditional Use Permit No. 2009-22, for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on-premise consumption of beer and wine at the restaurant located at 1502 East First Street: 1. Allow live music during business hours. 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 karaoke and strolling musicians will provide an ancillary service to the restaurant Resolution No. 2011-xx Page 2 of 7 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 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 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 karaoke and strolling musicians pursuant to Chapter 41 of the Santa 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? 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 that offers karaoke and strolling musicians provides a dining service to the residents of Santa Ana. F. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption applies to a project that involves the licensing of an existing structure with little or no expansion involved. Categorical Exemption Environmental Review No. 2009-36 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. 2009-22 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 December 14, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 14th day of December, 2011. _______________________ Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Joseph Straka, Interim 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 December 14, 2011. Date: ________________ ____________________________________ Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2011-xx Page 5 of 7 Modified Conditions for Conditional Use Permit No. 2009-22 Conditional Use Permit No. 2009-22 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. The project shall remain in compliance with Site Plan Review (DP No. 09- 12). 2. The conditional use permit applies only to the restaurant use at the ground level not to exceed 4,268 square feet and shall not include the basement area or existing hotel on the property. 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. 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. 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. 3. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 4. Any background music or noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. Exhibit A Page 1 of 3 Resolution No. 2011-xx Page 6 of 7 5. There shall be no conduct or live entertainment, amplified music, strolling musicians, karaoke or dancing allowed on the premises as prohibited by Chapter 12 of the Santa Ana Municipal Code (SAMC), with the exception of karaoke and strolling live musicians. (Modified by the Zoning Administrator December 14, 2011) 6. There shall be no public telephones located on the exterior of the premises. 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. 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. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. 11. There shall be no pool tables, coin-operated games, or video machines maintained upon the premises at any time. 12. 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. 13. 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. 14. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 11:00 p.m., seven days a week. 15. 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. 16. 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. Exhibit A Page 2 of 3 Resolution No. 2011-xx Page 7 of 7 17. 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. 18. This conditional use permit shall be reviewed at 90 days and at 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 December 14, 2011) 19. Existing restaurant and required parking within the entire parking lot must conform to the provisions of Chapter 8 (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. 20. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board condition 19 must be complied with. 21. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 22. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 23. Window displays and racks must be kept to a maximum height of three feet including merchandise. 24. A timed-access cash controller or drop safe must be installed. 25. Install a silent armed robbery alarm. 26. That the service of alcoholic beverages shall be by waiter or waitress service only. 27. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted within 24 hours of being applied. 28. The petitioners shall post a placard prohibiting loitering pursuant to Penal Code Section 602 on the exterior of the premises and in the parking lot. 29. It shall be the petitioner’s or licensee’s responsibility to ensure that Penal Code Section 602 is complied with at all times that the premises is in operation. 30. The establishment may not be operated as public premises.