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Modification to Variance No. 2004 -09 December 14, 2009 Page 4 The first area of concern is the potential for near -term and long -term incompatibility of land use. Currently, within the immediate surroundings residential uses are located within the Cal State Fullerton building along Second Street, as well along the west side of Broadway from First to Third Streets. Future residential uses along Sycamore Street between Second and Third Streets are already entitled and the potential addition of mixed -use zoning in the downtown could bring further residential units. Additionally, many commercial uses ranging from office to retail are located adjacent to or in close proximity of the bar. Staff has strong concerns that the use of the alley space may create negative issues with existing and future surrounding uses. The potential negative concerns include loitering, glare, noise, appearance and general clean up, any one of which may pose an issue with the continued orderly development of the area. The second area of concern relates to the assumption that the public alley is available to the applicant for purposes of expanding the bar's operations outdoors. The Santa Ana Municipal code contains provisions for outdoor dining in the public right of way (SAMC 33 -168 et. seq.). Pursuant to section 33 -170 the Director of Public Works may grant an outdoor dining permit to allow food service establishments to create service areas in the public right -of -way. However, such permits may only be granted for areas that are immediately adjacent to a food service establishment. As Proof is not a food service establishment, but is instead a bar with no food service, they would not be eligible for an outdoor dining permit. Staff cannot recommend approval of the applicant's request to modify the condition prohibiting the outdoor sales and service of alcohol. Further, the code prohibits such use due to the requirement that outdoor dining permits may only be granted to food service establishments. Staff recommends that the Planning Commission confirm the action of the Zoning Administrator regarding the retention of this condition. The rear door shall be kept closed at all times during the operation of the premises except in cases of emergency and to permit deliveries. Said door not to consist solelv of a screen or ventilated securitv door. This condition was originally retained by the Zoning Administrator. The applicant has appealed this condition in order to request that the rear door be allowed to remain open, thereby allowing patrons to congregate in the public alley directly behind the bar. The appeal of this condition is directly associated with the above request to allow an outdoor area. The