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Home My WebLink About31A - 215 N. BROADWAY REQUEST FOR COUNCIL ACTION I ~ ~~~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 18, 2004 TITLE: VARIANCE NO. 2004-09 TO ALLOW A BAR WITHIN THE CENTRAL BUSINESS-ARTISTS VILLAGE (C3-A) ZONE AT 215 NORTH BROADWAY - JON REISER, APPLICANT APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ~ , a~fJZ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Variance No. 2004-09 as conditioned. PLANNING COMMISSION ACTION On September 27, 2004, the Planning Commission adopted a resolution approving Variance No. 2004-09 as conditioned by a vote of 6:0 (Leo absent) to allow a bar within the Central Business-Artists Village (C3-A) zoning district at 215 North Broadway. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. s1l:d ~fl~g Executive Director Planning & Building Agency SK:rb sk\reports\va04-09.cc 31A-1 REQUEST FOR Planning Commission Action ~-- ~ ~> PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: SEPTEMBER 27, 2004 TITLE: VARIANCE NO. 2004-09 TO ALLOW A BAR WITHIN THE CENTRAL BUSINESS-ARTISTS VILLAGE (C3-A) ZONE APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation Prepared by Sergio Klotz .4A: J~' Executive D ector CONTINUED TO 0nning Manager RECOMMENDED ACTION Adopt a resolution approving Variance No. 2004-09 as conditioned. DISCUSSION Request of Applicant Jon Reiser is requesting approval of a variance to allow a bar within the Artists Village at 215 North Broadway. Property Description The project is located within an existing ground Santora Building on Broadway. The suite occupies portion of the historic structure (Exhibit 1). floor the sui te at the northern most The General Plan designation for the property is District Center (DC). The corresponding zoning designation for the property is Central Business- Artists Village (C3-A). The surrounding uses include a collection of restaurant, retail, artist galleries and studios wi thin the Santora Building; a vacant building, electric substation and future live-work lofts to the east; a public garage and a variety of office and commercial uses to the north; multi- family residential uses and assorted commercial uses to the west; and restaurants and the Cal State Fullerton housing, gallery and art program to the south (Exhibit 2) . EXHIBIT A 31A-2 Variance No. 2004-09 September 27, 2004 Page 2 Project Description The proj ect consists of a "martini" bar occupying approximately 2,249 square feet on the ground floor of the Santora Building. The floor plan proposes a layout consisting of a fixed bar, storage space and non-fixed seating and tables (Exhibit 3). The applicant proposes to operate the business between the hours of 4:00 p.m. and 2:00 a.m. Entertainment is proposed to include a DJ. No exterior changes are requested, although staff would anticipate an exterior sign to identify the use. Analysis of the Issues The emergence of the Artists Village, with a mix of residential, office and commercial uses, finds the city at a point where prior citywide policy and District Center obj ecti ves have come to a crossroad. In the last several years, the Artists Village has experienced tremendous growth in commercial and housing development. Within the Village and surrounding area, several developments exist or are in the process of completion. Eateries have begun to further establish themselves including Memphis Restaurant, Gypsy Den, Pangea, Starbuck's Coffee and Trattoria Ciao; office uses such as DGWB, Nestor + Gaffney Architecture, Rosenow Spevacek Group and Truth and Advertising; residences within the Olson lofts, Cal State Fullerton student and faculty housing and Plaza del Sol apartments; and entertainment within the Empire Building (Rude Guerilla theatrical group) and the Grand Central Arts Theater. Each of these developments, when approved, was setting a stage for a potentially dynamic living community operating within an urban environment. The integration of living, working and entertainment space provides lifestyles that has proven successful throughout downtowns within the United States and add to the dynamics of the Downtown by enhancing activity within the Artists Village. Because of these successes, staff has been placed in a position between past history and future trend. At the heart of the issue is the proposed proj ect and its ability to provide another piece of the puzzle. The issue relates to whether or not the martini bar will contribute to the continued success within the Artists Village or result in a step back in time when bars proliferated the downtown area and were the cause of police related issues. 31A-3 Variance No. 2004-09 September 27, 2004 Page 3 The proposed bar requires the approval of a variance to allow relief from Santa Ana Municipal Code Section 41-191 (Regulated Use). It is recognized that there are some uses which, because of their very nature, are considered as having serious obj ectionable operational characteristics, particularly when several of them are concentrated, by having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood through the concentration of these uses in anyone area. The type of license proposed is a Type 48 on-sale general, public premises which meets the definition of 41-191 (b) (5), public premises as defined in the California Business and Professions Code selling liquor or beer for consumption on the premises as its primary business. It is the most intense type of license that the State allows and denies entry to those under the age of 21 years. Section 41-191 (c) prohibits the establishment of any of the uses referred to in subsection (b) wi thin 1,000 feet of any other such regulated use. Further, none of the uses referred to in subsection (b) may be established within 1,000 feet of any property zoned or used for residential, church, school primarily attended by minors, or park purposes. Exhibit 4 illustrates the location of the sensitive land uses as well as some existing nearby alcoholic beverage licensed establishments within 1,000 feet of the proposed bar. The area of 215 North Broadway is located in reporting district No. 165, which is considered above average in police-related incidents. Out of 102 citywide reporting districts, this area ranks 13th in the number of police-related incidents. This area has, in the past, had numerous bars that generated an inordinate amount of police calls for service. The activity generated by this type of licensed establishment was a constant drain on the Police Department and other City resources. During that time, those locations helped propel Santa Ana's crime rate to one of the nations highest. However, through years of committed policing and redevelopment efforts, the establishments were removed, significantly impacting the clean up efforts downtown. The Police Department is concerned that the proposed use is a short- lived trend and is apprehensive about future operators. The City's experience has been that even with the most stringent conditions imposed and cooperation from the State Department of Alcohol Beverage Control, there is little that can be done once a license has been issued. 31A-4 Variance No. 2004-09 September 27, 2004 Page 4 Due to the above average crime rate in the area and the proximity of the use to numerous sensitive land uses which may be negatively impacted, the Police Department is not in favor of a bar at this location. The issuance of a variance would allow the applicant to obtain a conditional use permit to allow the sales of alcoholic beverages that may generate police calls for service and aggravate existing conditions in the area. Should the Planning Commission approve this action, the State Department of Alcoholic Beverage Control will require that a determination be made to show that the issuance of this license will serve the public convenience and necessity. The Olson Lofts staff report included the following language indicating some acknowledgement of future growth of the Artists Village, "The presence of working artists in the live-work community will increase the activity level downtown, contribute to an interesting urban environment and enrich the culture of Santa Ana. The live-work residents often are looking for an eclectic, active lifestyle; they support evening activities and a variety of dining establishments. Downtown should be the place to go to experience the full character of a community, and the new live-work project will contribute to a vibrant, vital downtown Santa Ana experience." The proposed project will be located in an active, vibrant urban environment. As is the case in other communities where residential projects develop in urban areas, the new residents often desire activity centers that are open during later hours. At the September 13, 2004 Planning Commission meeting, after conducting a public hearing, Commission directed staff to prepare findings and conditions approving the variance request and thereby allowing a bar within the Artists Village. The conditions attached reflect the Planning Commission's motion to allow the facility to operate until 2:00 a.m. and up to five musicians. Further, the conditions reflect those imposed on similar alcoholic beverage licensed establishments (Exhibit 5). 31A-5 Variance No. 2004-09 September 27, 2004 Page 5 CEQA Compliance In accordance with the California Environmental Quality Act, the proposed proj ect is Categorically Exempt. No further environmental review is needed. Environmental Review No. 04-183 will be filed for this project. P SK:JM sk\reports\va04-09.092704.pc 31A-6 p p I~I 01 I~ SO-55 p o P Cl 80-18 C1 II C2 I~~ R2 ]1 R2 I~~I R2 I~Q R2 I~~O ~E ~R2 18 . c~~~~~:v 18 o WALNUT $1 o R2 R2 R3 R3 o R3 A1 -B C-SM C1 Cl-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC Ml M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SD SP ~ ~~ VA 04-9 JON REISER 215 NORTH BROADWAY A cW - = 500 FEET 1" = 1000 FEET P LAN N N G AND B U L D EXHIBIT 1 31A-7 N G AGE N C Y -=lJ THIRD -.J <( (.) -.J ll: <( Lu ::; f.- ::; ~ 0 Lu (.) Cl '" Lu ll: >- -.J ::; <( u. ~ :: f.- c c( :::> 0 ::; a: m FIRST A P LAN N N G PUBLIC PARKING STRUCTURE ST. -.J ~ PARKING ..,: 1E LOT ..,: PARKING en en ~ ARE A 8 -.J (FUTURE ~ (.) f.- OLSON ll: "'~ LOFTS) Lu ;t~ ::; 0.::::> ::; ai~ 0 ::;ff.l VACANT (.) ll: SECOND ST. 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Main Street Lofts . Bush Street Studio CD Sycmore Street Studio . anginal Mike's Apts. . Santa Ana Towers . Rosswood Villas PARK CD Birch Park SCHOOL . Heninger Elementary OTHER CiD Inn Step Bar- Type 42 On-sale beer, public premises o Broadway Billiards-Type 40 On-sale beer CHURCH CD Apostolic Assembly of God CD King of Kings Chapel A VA 04-9 JON REISER 215 NORTH BROADWAY ~ rPf' 1" = 1000 FEET - - = 1000 FEET PLANNING AND BUILDING EXHIBIT 4 31A-12 AGE N C Y Variance No. 2004-09 September 27, 2004 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subj ect property, including size, shape, topography, location or surroundings, the strict appl ication of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of the Municipal Code; The proposed bar will provide an ancillary service and amenity to the Artists Village and thereby benefit the community. The allowance of a bar within the Artists Village provides an additional nighttime amenity to the area. The provision of a bar could create a negative impact to the surroundings. Additional conditions have been placed on Variance No. 2004-09 that will mitigate potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights; Approval of the variance allows the applicant to operate a bar within the emerging Artists Village of the downtown. The bar will add to the growing Artists Village active lifestyle; support evening activities and a variety of dining establishments. Downtown should be the place to go to experience the full character of a community, and a bar will contribute to a vibrant evening experience. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property; The approval of the variance 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 conditions imposed on the variance will mitigate any potential impacts that might occur from the proposed alcoholic beverage sales and entertainment. The additional business will assist in promoting the economic viability and enhance the livability for this area of the downtown. EXHIBIT 5 31A-13 Variance No. 2004-09 September 27, 2004 Page 2 of 2 D. That the granting of a variance will not adversely affect the General Plan of the City; The granting of the variance will not adversely affect the Ci ty I S General Plan land use designation of District Center (DC) . The addition of a bar within an area dominated by living and working space will add to a mixture of uses that has proven successful throughout downtowns wi thin the United States. The project will add to the vibrant dynamics of the downtown, increasing activity within the Artists Village and thereby helping to achieve Goal 2.0 of the General Plan, "Promote land uses which enhance the City's economic and fiscal viability". 31A-14 SEPTEMBER 27,2004 PAGE 1 OF4 Conditions for Approval Should modification to Variance No. 2004-09 be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. In addition, it shall meet the following conditions: The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. 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 project shall remain in compliance with Site Plan Review (Development Project No. 04-049). 3. A C3 parking waiver shall be applied for and approved prior to issuance of certificate of occupancy. B. Police Department 1. Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 4: 00 p. m. and 2: 00 a. m. , daily. 2. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 3 . No alcoholic beverages shall be adj acent to the licensed premises licensee (s) . consumed on any property under the control of the 4. The applicant shall post and maintain a professional quality sign on the east elevation of the premises prohibiting the consumption of alcoholic beverages outside the licensed premises. 31A-15 SEPTEMBER 27,2004 PAGE20F4 5. No sales or consumption of alcoholic beverages shall take place outside. 6. The sale of draft beer is prohibited. 7. The sale or service of beer on tap (or draught beer) 1S prohibited. 8. No distilled spirits shall be sold by the bottle. 9. No employee or agent shall solicit or accept any alcoholic or non-alcoholic beverage from any customer while in the premises. 10. Entertainment provided shall not be audible beyond 10 feet from the exterior of the premises in any direction. 11. Entertainment provided shall be limited to a maximum of five musicians. 12. There shall be no dancing allowed on the premises. 13. 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. 14. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control. 15. There shall be no coin operated games or video machines maintained upon the premises at any time. 16. There shall be no pool/billiard tables maintained upon the premises at any time. 17. There shall be no public telephones located on the exterior of the premises. Interior phones shall be restricted to outgoing calls only. 31A-16 - SEPTEMBER 27, 2004 PAGE 3 OF4 18. Any graffiti painted or marked upon the premises or on adjacent area under control of the licensee(s) shall removed or painted over within 24 hours of being applied. any be 19. The petitioner (s) shall post a placard on the exterior east elevation of the premises prohibiting loitering, pursuant to California Penal Code ("CPC") section 602. 20. It shall be the petitioner (s) CPC section 602 is complied premises are in operation. responsibility with at all to ensure times that that the 21. Petitioner(s) shall not require an admission charge, a cover charge or donation, nor shall there be a requirement to purchase a minimum number of drinks. 22. If the City ceases providing security guards in the designated parking structure, the applicant shall provide one (1) state licensed uniformed security guard from 6:00 p.m. until one (1) hour after closing on Friday, Saturday and Sunday, who shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by nearby residents. 23. 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 solely of a screen or ventilated security door. 24. All employees must training provided Beverage Control. attend Responsible Beverage by the State Department Server (RBS) of Alcoholic 25. The designated manager of the premises must be qualified by the State Department of Alcoholic Beverage Control. 26. 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. 27. The premises shall not be operated as an adult entertainment business as such term defined in SAMC section 41-1701.6. 31A-17 SEPTEMBER 27,2004 PAGE40F4 28. The conditional use permit shall be reviewed at 90 days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 29. Existing suite and alley lighting 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 devises and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 30. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 31. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 32. Window displays and racks must be kept to a maximum height of three feet including merchandise. 33. Install a silent armed robbery alarm. 31A-18 KO-09/30/04 RESOLUTION NO. 2004-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2004-09 AS CONDITIONED FOR A BAR AT THE PROPERTY LOCATED AT 215 NORTH BROADWAY BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Variance No. 2004-09 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on September 13, 2004. B. Variance No. 2004-09 has been filed with the City of Santa Ana seeking to allow a bar at the property located at 215 North Broadway. C. Santa Ana Municipal Code Section 41-191(b)(5) identifies public premises selling beer or liquor for consumption as their primary business as a regulated use. Applicant is seeking a variance from this Municipal Code section. 1. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. i. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at minor exception with the intent and purpose of the provisions of this Chapter. The proposed bar will provide an ancillary service and amenity to the Artists Village and thereby benefit the community. The allowance of a bar within the Artists Village provides an additional nighttime amenity to the area. The provision of a bar could create a negative impact to the surroundings, as such additional conditions have been placed on Variance No. 2004- 09 that will mitigate potential impacts created by the 31A-19 Resolution No. 2004-36 Page 1 of 3 use and ensure that the use will not negatively affect the surrounding community. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. Approval of the variance allows the applicant to operate a bar within the emerging Artists Village of the downtown. The bar will add to the growing Artists Village active lifestyle; support evening activities and a variety of dining establishments. Downtown should be the place to go to experience the full character of a community, and a bar will contribute to a vibrant evening experience. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The approval of the variance 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 conditions imposed on the variance will mitigate any potential impacts that might occur from the proposed alcoholic beverage sales and entertainment. The additional business will assist in promoting the economic viability and enhance the livability for this area of the downtown. IV. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan land use designation of District Center (DC). The addition of a bar within an area dominated by living and working space will add to a mixture of uses that has proven successful throughout downtowns within the United States. The project will add to the vibrant dynamics of the downtown, increasing activity within the Artists Village and thereby helping to achieve Goal 2.0 of the General Plan, "Promote land uses which enhance the City's economic and fiscal viability". 31A-20 Resolution No. 2004-36 Page 2 of 3 D. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt. No further environmental review is needed. Environmental Review No. 04-183 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Variance No. 2004-09 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Planning Commission Action dated September 27, 2004 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 2ih day of September, 2004 by the following vote: AYES: Commissioners: Cribb, De La Torre, Lutz, Mondo, Nalle, Sinclair (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Leo (1) ABSTENTIONS: Commissioners: None (0) Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Deputy City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2004-36 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 27,2004. Date: Planning Commission Secretary City of Santa Ana 31A-21 Resolution No. 2004-36 Page 3 of 3 Conditions for Approval for Variance No. 2004-09 Variance No. 2004-09 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building 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 Variance. The applicant must remain in compliance with all conditions listed below throughout the life of the Variance. Failure to comply with each and every condition may result in the revocation of the Variance. A. Plannina Division 1. Any amendment to this Variance must be submitted to the Planning Division and Police Department for review. 2. The project shall remain in compliance with Site Plan Review (Development Project No. 04-049). 3. A C3 parking waiver shall be applied for and approved prior to issuance of certificate of occupancy. B. Police Department 1. Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 4:00 p.m. and 2:00 a.m., daily. 2. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 3. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee(s). 4. The applicant shall post and maintain a professional quality sign on the east elevation of the premises prohibiting the consumption of alcoholic beverages outside the licensed premises. 5. No sales or consumption of alcoholic beverages shall take place outside. 6. The sale of draft beer is prohibited. 7. The sale or service of beer on tap (or draught beer) is prohibited. Exhibit "A" Pa~e 1 of 3 31A-22 - 8. No distilled spirits shall be sold by the bottle. 9. No employee or agent shall solicit or accept any alcoholic or non-alcoholic beverage from any customer while in the premises. 10. Entertainment provided shall not be audible beyond 10 feet from the exterior of the premises in any direction. 11. Entertainment provided shall be limited to a maximum of five musicians. 12. There shall be no dancing allowed on the premises. 13. 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. 14. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control. 15. There shall be no coin operated games or video machines maintained upon the premises at any time. 16. There shall be no pool/billiard tables maintained upon the premises at any time. 17. There shall be no public telephones located on the exterior of the premises. Interior phones shall be restricted to outgoing calls only. 18. Any graffiti painted or marked upon the premises or on any adjacent area under control of the Iicensee(s) shall be removed or painted over within 24 hours of being applied. 19. The petitioner(s) shall post a placard on the exterior east elevation of the premises prohibiting loitering, pursuant to California Penal Code ("CPC") section 602. 20. 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. 21. Petitioner(s) shall not require an admission charge, a cover charge or donation, nor shall there be a requirement to purchase a minimum number of drinks. 22. If the City ceases providing security guards in the designated parking structure, the applicant shall provide one (1) state licensed uniformed security guard from 6:00 p.m. until one (1) hour after closing on Friday, Exhibit "A" Page 2 of 3 31A-23 Saturday and Sunday, who shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by nearby residents. 23. 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 solely of a screen or ventilated security door. 24. All employees must attend Responsible Beverage Server (RBS) training provided by the State Department of Alcoholic Beverage Control. 25. The designated manager of the premises must be qualified by the State Department of Alcoholic Beverage Control. 26. 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. 27. The premises shall not be operated as an adult entertainment business as such term defined in SAMC section 41-1701.6. 28. The variance shall be reviewed at 90 days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 29. Existing suite and alley lighting 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 devises and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 30. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 31. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 32. Window displays and racks must be kept to a maximum height of three feet including merchandise. 33. Install a silent armed robbery alarm. Exhibit "A" Page 3 of 3 31A-24