HomeMy WebLinkAboutReso25-14_601 Santa Ana Blvd(2053118.1)
Resolution No. 2025-14
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RESOLUTION NO. 2025-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA APPROVING CONDITIONAL USE
PERMIT NO. 2015-19-MOD-1, THEREBY MODIFYING AND
SUPERCEDING PREVIOUSLY APPROVED CONDITIONAL
USE PERMIT NO. 2015-19, AS CONDITIONED, TO ALLOW
THE ON-PREMISE SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES (TYPE 47 – BEER, WINE, AND
DISTILLED SPIRITS) AND TO EXPAND ITS OPERATIONS TO
A NEIGHBORING SUITE, LOCATED AT 601 E. SANTA ANA
BOULEVARD (APN: 398-301-21).
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. Jeff Coffman, representing Benchmark SA doing business as (DBA)
Benchmark (“Applicant”), is requesting approval for modification to
Conditional Use Permit (CUP) No. 2015-19-MOD-1 to allow the sale of beer,
wine, and distilled spirits for on-premise consumption, through a Type 47
license from the Department of Alcoholic Beverage Control (“ABC”), and to
expand its operations to a neighboring suite, at an existing eating
establishment located at 601 E. Santa Ana Boulevard (“Project”).
B. Santa Ana Municipal Code (“SAMC”) Section 41-196 requires approval of
a CUP for establishments wishing to sell alcoholic beverages for on- premise
consumption.
C. On January 25, 2016, the City of Santa Ana Planning Commission held a
public hearing for the proposal of the on-premise sale of alcoholic
beverages at 601 E. Santa Ana Boulevard, Unit A. The Planning
Commission unanimously approved CUP No. 2015-19 to allow an ABC
Type 41 license (beer and wine).
D. In April 2025, the Applicant submitted a CUP application to upgrade to a
Type 47, permitting the sale and on-premises consumption of beer, wine,
and distilled spirits, and to expand its operations to a neighboring suite
addressed as 605 E. Santa Ana Boulevard.
E. The eating establishment meets all required standards specified by Section
41-196 of the SAMC and ABC for the sale of alcoholic beverages for
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on-premises consumption by containing a full kitchen and a menu of hot and
cold food items for purchase.
F. On May 12, 2025, the Planning Commission held a duly-noticed public
hearing on CUP No. 2015-19-MOD-1.
G. The Planning Commission determines that the following findings, which
must be established in order to grant a CUP pursuant to SAMC Section 41-
638, have been established for CUP No. 2015-19-MOD-1 to allow the on-
premises sale and consumption of alcoholic beverages (Type 47 license) at
an existing eating establishment located at 601 E. Santa Ana Boulevard.
1. That the proposed use will provide a service or facility which will
contribute to the general wellbeing of the neighborhood or
community.
The restaurant is seeking to expand its current operations by
proposing to upgrade its existing Type 41 ABC license and
sell distilled spirits in addition to beer and wine, through a
Type 47 ABC license. The addition of distilled spirits for on-
premise consumption at this location will provide an ancillary
service to the eating establishment’s customers by allowing
them to purchase a variety of alcoholic beverages with their
meal. This will thereby benefit the community by providing an
eating establishment with an additional and complementary
food related amenity. The upgrade will also help the
establishment remain economically viable and compete with
nearby full-service establishments offering similar services.
Operational standards applicable to the ABC license and
conditions of approval will mitigate any potential impacts
created by the use and will ensure that the use will not
negatively affect the surrounding community.
2. That the proposed use will not, 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 sale of alcoholic beverages for on-premise
consumption at this location will not be detrimental to the
health, safety, or general welfare of persons residing or
working in the vicinity because the operational standards
applicable to the alcoholic beverage control license and
conditions of approval will address any potential negative or
adverse impacts that may be created by the use. Moreover,
the subject site is not located within immediate proximity to
parks, playgrounds, or schools. The nearest religious
institutions are Saint Joseph Church located at 727 N. Minter
Street, approximately 170 feet to the north, and The Light of
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the World located at 512 E. Santa Ana Blvd., approximately
160 feet southwest.
The site is located adjacent to single-family residences to the
north and east within the Lacy Neighborhood, and located
across the street from the Triada at the Station District, a
mixed-use residential development. The close proximity of
the establishment to the residential uses and religious facility
is consistent with the objectives and policies of SD-84, to
provide a mixture of development and open spaces that
situates commerce, work places, residences and civic
buildings within walking distance of transit and one another.
Given that the site located within a denser mixed-use
community and is within close proximity of transit, commercial,
and residential buildings, the project will contribute towards
facilitating a mixed-use village environment as intended by
SD-84.
The subject site is located in Census Tract No. 744.05 and is
not deemed over concentrated by the California Department
of Alcohol Beverage Control. The census tract permits eight
(8) on-site licenses and there are currently six (6) existing on-
site licenses (five Type 41 and one Type 58), including
Benchmark’s current Type 41 license. Moreover, the property
has no active Code Enforcement violations since Benchmark
began operation in 2019, and the Police Department Analysis
confirms no reported incidents of violent crimes between April
2024 through April 2025. Operational standards applicable to
an ABC license and proposed conditions of approval will
mitigate potential impacts and ensure that the use will not
negatively affect the surrounding community.
Lastly, the Applicant will be responsible for monitoring both
patron and employee conduct on-site and in parking areas
under their control to prevent disruptions to neighboring
residents, property owners, and businesses. With these
conditions, the CUP approval will safeguard nearby sensitive
land uses. Adherence to operational standards applicable and
the Property Maintenance Agreement will mitigate potential
impacts, ensuring safety and quality of the overall site and
ensure the upgrade will not negatively affect the surrounding
community.
3. That the proposed use will not adversely affect the present economic
stability or future economic development of properties surrounding
the area.
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The proposed CUP modification will not adversely affect the
economic stability of the area. The expansion of the business
to service more patrons and to serve distilled spirits, will
instead allow the eating establishment to better compete with
other nearby eating establishments that offer a full selection
of alcoholic beverages for sale to their customers. The alcohol
license will benefit the surrounding area, as the reinvestment
on the commercial site will increase economic activity.
Moreover, including the sale of distilled spirits will allow the
eating establishment to remain economically viable and
competitive, thereby contributing to the overall success of the
City.
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use.
The proposed Project will be in compliance with all applicable
regulations and operational standards imposed on an eating
establishment selling alcoholic beverages for on-premise
consumption pursuant to Chapter 41 of the SAMC. The facility
will be maintained as a bona-fide eating establishment, having
suitable kitchen facilities and supplying an assortment of
foods. Additionally, the eating establishment will utilize less
than five percent (5%) of the gross floor area for display and
storage of alcoholic beverages, which is the maximum
threshold established by the SAMC. The operational
standards will ensure the project remains in compliance with
all applicable codes and regulations related to alcohol sales
to ensure that the use does not impact neighboring
properties or create an attractive nuisance.
5. That the proposed use will not adversely affect the General Plan of
the city or any specific plan applicable to the area of the proposed
use.
The approval of the application will be consistent with the
General Plan land use designation of Urban Neighborhood –
Medium-Low (UN-30), which allows for the development of
semi-urban villages that are well connected to schools, parks,
and shopping centers. These areas are accessible by multiple
modes of transportation, have lively and pedestrian-friendly
streetscapes, and are designed to foster community interaction.
Approval of this application would be consistent with several
goals and polices of the General Plan, specifically Goals 2, 3,
and 4 of the Land Use Element (LU), Goals 1 and 3 of the
Economic Prosperity Element (EP), and Goals 1, 2, and 4 of the
Urban Design Element (UD) as discussed below.
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Goal LU-2 encourages a balance of land uses that meet Santa
Ana’s diverse needs, LU Policy 2.2 encourages a range of
commercial uses to capture a greater share of local spending
and offer a range of employment opportunities, and Policy 2.7
supports land use decisions that encourage the creation,
development, and retention of business in Santa Ana. Approval
of the CUP is consistent with Goal LU-2, Policy 2.2, and Policy
2.7 as it actively contributes to fostering land use decisions that
promote the establishment, growth, and sustainability of
business in Santa Ana. The approval of the request to upgrade
to a Type 47 ABC license would allow the retention of a
restaurant that has been an established business within Santa
Ana. Additionally, the location of the existing restaurant will
continue to provide for an added service to the dining
experience for local residents and visitors of the surrounding
area.
The inclusion of a property maintenance agreement, conditions
of approval, and site upgrades align with Goal LU-3 which
encourages the preservation and improvement of the character
and integrity of the existing neighborhoods and districts as well
as Policy 3.7 of the LU which supports the promotion of a clean,
safe, and creative environment for Santa Ana’s residents,
workers, and visitors. Goal LU-4 and Policy 4.1 of the LU which
promote a sustainable Santa Ana and mix of complementary
uses and services are advanced by the CUP approval, which
will provide an additional service to Santa Ana residents and
visitors, thereby positively contributing to the economic viability
of the area by promoting local spending, offering employment
opportunities, and providing a safe workplace. In addition, the
eating establishment is located within an existing commercial
area and its operations will be compatible with the surrounding
commercial businesses.
Goal EP-1 supports fostering a dynamic local economy that
provides and creates employment opportunities for all residents
in the city. Through Policy 1.2 of the EP, the project strengthens
and expands citywide business attraction efforts in order to
achieve the city’s full employment potential. The project
proposal includes the expansion and continued investment into
the site that will increase the number of onsite employment
opportunities.
Goal EP-3 promotes a business-friendly environment where
businesses thrive and build on Santa Ana’s strengths and
opportunities. Moreover, Policy 3.4 of the EP encourages the
city to maintain flexible and up-to-date land use regulations that
are responsive to changing business trends, best practices,
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technological advancements, and community needs. The
project proposes increasing the amount of outdoor seating area
in response to changing business trends within the restaurant
industry and to remain competitive within the marketplace with
a more unique outdoor dining experience.
Goal UD-1 supports improvement of the physical character and
livability of the city to promote a sense of place, positive
community image, and quality environment. Policy 1.5 of the UD
encourages community interaction through the development
and enhancement of plazas, open space, people places, and
pedestrian connections with the public realm. The proposed
project would facilitate enhancement of the public realm through
providing a space for customer social interaction with ease of
access to heavier pedestrian trafficked areas.
Goal UD-2 encourages the improvement of the built
environment through sustainable development that is
proportional and aesthetically related to its setting. Moreover,
Policy 2.10 of the UD promotes sustainable development
through the use of drought-tolerant landscaping, permeable
hardscape surfaces, and energy sufficient building design and
construction. The proposed project expands the square footage
of outdoor dining area and use of the site while maintaining
existing building square footage and high-quality landscaped
areas that are visible to public areas.
Section 2. In accordance with the California Environmental Quality Act (CEQA)
and the CEQA Guidelines, the Project is categorically exempt from further review per
Section 15301 (Class 1 – Existing Facilities). Class 1 exemption applies to the operation,
repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public
or private structures, facilities, mechanical equipment, or topographical features,
involving negligible or no expansion of existing or former use. The Project proposes to
allow the upgrade of an existing alcoholic beverage control license to sell alcoholic
beverages at an existing bona-fide eating establishment, with negligible expansion of the
existing use proposed, which is proposed to be less than 10,000 square feet and within
an area with access to all public services and facilities, and is not located within an
environmentally sensitive area. As such, a Notice of Exemption, Environmental Review
No. 2015-109, will be filed for this Project.
Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or
any of its officials, officers, employees, agents, departments, agencies, authorized
volunteers, and instrumentalities thereof, harmless from any and all claims, demands,
lawsuits, writs of mandamus, referendum, and other proceedings (whether legal,
equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
resolution procedures (including, but not limited to arbitrations, mediations, and such
other procedures), judgments, orders, and decisions (collectively “Actions”), brought
against the City and/or any of its officials, officers, employees, agents, departments,
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agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
aside, void, or annul, any action of, or any permit or approval issued by the City and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City) for or
concerning the project, whether such Actions are brought under the Ralph M. Brown
Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision
Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or
local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a
court of competent jurisdiction. It is expressly agreed that the City shall have the right to
approve the legal counsel providing the City’s defense, and that Applicant shall reimburse
the City for any costs and expenses directly and necessarily incurred by the City in the
course of the defense. City shall promptly notify the Applicant of any Action brought and
City shall cooperate with Applicant in the defense of the Action.
Section 4. The Planning Commission of the City of Santa Ana, after conducting
the public hearing, hereby approves Conditional Use Permit No. 2015-19-MOD-1, as
conditioned in Exhibit A and in Exhibit B, Operational Standards for On-sale
Establishments, attached hereto and incorporated herein, for the Project located at 601
E. Santa Ana Boulevard. Conditional Use Permit No. 2015-19-MOD-1 Shall supersede
Conditional Use Permit No. 2015-19, which is hereby revoked. This decision is based
upon the evidence submitted at the above-referenced hearing, including but not limited
to: The Request for Planning Commission Action dated May 12, 2025, and exhibits
attached thereto; and the public testimony, written and oral, all of which are incorporated
herein by this reference.
ADOPTED this 12th day of May 2025 by the following vote.
AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Chris Leo,
Jennifer Oliva, Bao Pham, Isuri Ramos, Alan Woo (7)
NOES: Commissioners: (0)
ABSENT: Commissioners: (0)
ABSTENTIONS
:
Commissioners: (0)
Jennifer Oliva
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Melissa M. Crosthwaite
Senior Assistant City Attorney
Resolution No. 2025-14
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2025-14 to be the original resolution adopted by the Planning Commission
of the City of Santa Ana on May 12, 2025.
Date:
Nuvia Ocampo
Recording Secretary
City of Santa Ana
5/12/2025
Resolution No. 2025-XX
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EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2015-19-MOD-1
Conditional Use Permit No. 2015-19-MOD-1 allowing the on-premise consumption of
alcoholic beverages 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 Building Standards Code, and all other applicable regulations:
The Applicant/Licensee (“Applicant”) shall comply with each and every condition listed
below in order to exercise the rights conferred by this conditional use permit.
The Applicant shall remain in compliance with all conditions listed below throughout the
life of this conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
1. Any proposed amendment to this conditional use permit must be submitted to the
Planning Division for review. At that time, staff will determine if administrative relief
is available or if the conditional use permit must be amended.
2. Operating hours after 12:00 a.m. will require the approval of a separate conditional
use permit application for after-hours operations pursuant to SAMC Section 41-
196(g)(3).
3. All alcohol sales shall be served and consumed within the boundaries of the eating
establishment (601 E. Santa Ana Boulevard), and alcoholic beverages must be
dispensed and consumed onsite in separate containers provided by the business
operator. No consumption of alcohol is permitted outside the designated dining
area of the eating establishment. Signage shall be posted near exiting areas which
enforce these limitations.
4. The business shall comply with all provisions of local, state or federal laws,
regulations or orders, including, but not limited to those of the California
Department of Alcoholic Beverage Control, California Business and Profession
Code Sections 24200, 24200.6, and 25612.5, as well as any condition imposed on
any permits issued pursuant to applicable laws, regulations or orders. This includes
compliance with the City’s business license annual renewal.
5. The premises shall not be rented or leased for meetings, parties (including
promotional events), ceremonious gatherings or similar events in which the public
is excluded, as a primary use. Any temporary outdoor or special event activity
shall require the review and approval of the Planning Department through the
submittal of a Land Use Certificate (LUC) Application pursuant to SAMC Section
41-195.5. Clarification made by staff at the May 12, 2025 regular meeting of
the Planning Commission.
6. The Applicant shall be responsible for monitoring both patron and employee
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conduct on the premises and within the parking areas under his/her control to
assure such conduct does adversely affect or detract from the quality of life for
adjoining residents, property owners, and businesses.
7. At least one on-duty manager with authority over the activities within the facility
shall be on the premises during business hours. The on-duty manager’s contact
information shall be posted in a conspicuous location at the restaurant’s front entry.
The on-duty manager’s responsibilities shall include the monitoring of the premises
to ensure compliance with all applicable State laws, Municipal Code requirements
and the conditions imposed by the Department of Alcoholic Beverage Control
(ABC) and the conditional use herein. Every effort shall be undertaken in managing
the subject premises and the facility to discourage illegal and criminal activities and
any exterior area over which the building owner exercises control.
8. Kitchen food service shall be provided during all business-operating hours.
9. Violations of conditions contained in a Conditional Use Permit as provided in
Section 41-647.5 of the Santa Ana Municipal Code will be grounds for permit
suspension and/or revocation as further described in Section 41-651 of the SAMC.
10. The Applicant shall maintain the site as necessary, including but not limited to: the
repair and upkeep of the property; cleanup of trash and debris; repair and upkeep
of any damaged and/or weathered components of the building; repair and upkeep
of exterior paint; parking striping, lighting and irrigation fixtures; landscaping and
related landscape, furnishing, and hardscape improvements.
11. Within six (6) months of the issuance of an Type 47 ABC License, the Applicant’s
operations may not demonstrate a consistent increase in the number of service
calls and/or police reports. Such increase in police activity shall trigger a second
review of the CUP application by the Planning Division. Additionally, all Code
Enforcement violations must be resolved and closed.
12. Subject to review and applicability by the Planning and Building Agency, the
Community Development Agency, the Public Works Agency, and the City Attorney,
to ensure that the property and all improvements located thereupon are properly
maintained, Applicant (and the owner of the property upon which the authorized
use and/or authorized improvements are located if different from the Applicant)
shall execute a property management agreement with the City of Santa Ana. The
agreement shall be recorded against the property by the City and shall be in a form
reasonably satisfactory to the City Attorney. The executed agreement must be
submitted to the Planning Division by the Applicant within 90 days of the approval
of this Resolution. The agreement shall contain covenants, conditions and
restrictions relating to the following:
a) Compliance with operational conditions applicable during any period(s) of
construction or major repair (e.g., proper screening and securing of the
construction site; implementation of proper erosion control, dust control and
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noise mitigation measure; adherence to approved project phasing etc.);
b) Compliance with ongoing operational conditions, requirements and
restrictions, as applicable (including but not limited to hours of operation,
security requirements, the proper storage and disposal of trash and debris,
enforcement of the parking management plan, and/or restrictions on certain
uses);
c) Ongoing compliance with approved design and construction parameters,
signage parameters and restrictions as well as landscape designs, as
applicable;
d) Ongoing maintenance, repair and upkeep of the property and all
improvements located thereupon (including but not limited to controls on the
proliferation of trash and debris on or about the property; the proper and
timely removal of graffiti; the timely maintenance, repair and upkeep of
damaged, vandalized and/or weathered buildings, structures and/or
improvements; the timely maintenance, repair and upkeep of exterior paint,
parking striping, lighting and irrigation fixtures, walls and fencing, publicly
accessible bathrooms and bathroom fixtures, landscaping and related
landscape improvements and the like, as applicable);
e) If Applicant and the owner of the property are different (e.g., if the Applicant
is a tenant or licensee of the property or any portion thereof), both the
Applicant and the owner of the property shall be signatories to the
maintenance agreement and both shall be jointly and severally liable for
compliance with its terms;
f) The maintenance agreement shall further provide that any party responsible
for complying with its terms shall not assign its ownership interest in the
property or any interest in any lease, sublease, license or sublicense, unless
the prospective assignee agrees in writing to assume all of the duties,
obligations and responsibilities set forth under the maintenance agreement;
g) The maintenance agreement shall contain provisions relating to the
enforcement of its conditions by the City and shall also contain provisions
authorizing the City to recover costs and expenses which the City may incur
arising out of any enforcement and/or remediation efforts which the City
may undertake in order to cure any deficiency in maintenance, repair or
upkeep or to enforce any restrictions or conditions upon the use of the
property. The maintenance agreement shall further provide that any
unreimbursed costs and/or expenses incurred by the City to cure a
deficiency in maintenance or to enforce use restrictions shall become a
lien upon the property in an amount equivalent to the actual costs and/or
expense incurred by the City; and
h) The execution and recordation of the maintenance agreement shall be a
condition precedent to the issuance of the ABC license.
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EXHIBIT B
Operational Standards for Conditional Use Permit No. 2015-19-
MOD-1
Conditional Use Permit No. 2015-19-MOD-1 allowing the on-premise consumption of
alcoholic beverages 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 Building Standards Code, and all other applicable regulations:
The Applicant/Licensee (“Applicant”) shall comply with each and every operational
standard listed below, pursuant to SAMC Section 41-196(g), in order to exercise the rights
conferred by this conditional use permit. Pursuant to SAMC Section 41-196(g), these
SAMC operational standards are reprinted to establish compliance with SAMC requirements
for the granting of a Conditional Use Permit for on-premises alcoholic beverage sales.
The Applicant must remain in compliance with all operational standards listed below
throughout the life of this conditional use permit. Failure to comply with each and every
operational standard may result in the revocation of this conditional use permit.
1. The premises shall at all times be maintained as a bona-fide eating establishment
as defined in Section 23038 of the California Business and Professions Code and
shall provide a menu containing an assortment of foods normally offered. The
premises must have suitable kitchen facilities and supply an assortment of foods
commonly ordered at various hours of the day. Full and complete meals must be
served whenever the privileges of the on-sale license are being exercised.
2. 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. A fixed bar or lounge may be permitted if patrons may order food being
offered to the general patrons of the eating establishment.
3. The sales, service, and consumption of alcoholic beverages shall be permitted only
between the hours of 7:00 a.m. and 12:00 a.m. unless otherwise amended by the
granting of a conditional use permit for after-hours operations pursuant to Santa
Ana Municipal Code Chapter 41.
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, with the exception of any enclosed patio areas.
5. The Applicant or an employee of the licensee must be present to monitor all areas
of the establishment, including outdoor patios, during all times that alcoholic
beverages are being served or consumed.
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6. All employees serving alcoholic beverages must complete responsible beverage
service training, or an equivalent approved by the State Department of Alcoholic
Beverage Control, prior to being able to serve alcoholic beverages to patrons.
Evidence of the completion of such training must be maintained on the premises
and available for inspection upon request by the city.
7. During those times when patrons are restricted to twenty-one (21) years of age or
older, the Applicant shall at all times utilize an age verification means or device for
all purchases of alcoholic beverages. Such verification of age is not intended to
discriminate against patrons based on race, ethnicity or legal status, but only to
comply with state law restricting the sale of alcohol to those twenty-one (21) and
older.
8. Queuing lines shall be managed in an orderly manner and all disruptive and/or
intoxicated patrons shall be denied entry. The business owner, or his designee,
shall be responsible for monitoring the queuing lines at all times.
9. The outdoor queuing line shall not block public walkways or obstruct the entry or
exit doors of adjacent businesses. Stanchions or barriers must be used to maintain
order at all times the queue exceeds twenty-five (25) patrons. All stanchions or
barriers located on public property must be approved by the public works agency.
10. Employees and contract security personnel shall not consume any alcoholic
beverages during their work shift, except for product sampling for purposes of
employee education about new products. Under no circumstances may contract
security personnel consume alcoholic beverages during their work shift.
11. There shall be no exterior advertising of any kind or type, including window signs
or other signs visible from outside, that promote or indicate 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. Permissible window displays must be kept to a minimum for maximum
visibility and shall not exceed twenty-five (25) per cent of window coverage. Floor
displays shall not exceed three (3) feet in height.
12. There shall be no promotions encouraging intoxication or drinking contests or
advertisements indicating "buy one (1) drink, get one (1) free", "two (2) for the price
of one (1)", or "all you can drink for..." or similar language.
13. Any pool tables, amusement machines or video games maintained on the
premises at any time must be reviewed and approved in a security plan submitted
to the chief of police.
14. Live entertainment, including, but not limited to, amplified music, karaoke,
performers and dancing, shall be subject to the issuance of an entertainment
permit pursuant to Santa Ana Municipal Code ("SAMC") Chapter 11 —
Entertainment, and shall comply with all of the standards contained therein.
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Notwithstanding this requirement, music/noise shall not be audible beyond twenty
(20) feet from the exterior of the premises in any direction.
15. 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.
16. The premises shall not be operated as an adult entertainment business as such
term is defined in SAMC Section 41-1701.6.
17. The Applicant(s) shall be responsible for maintaining free of litter the area adjacent
to the premises under the control of the licensee.
18. 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.
19. 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 twenty-four (24)
hours of being applied.
20. Existing bona fide eating establishment and required parking 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 lighting, door/window locking devices and addressing be upgraded to
current code standards. Lighting standards cannot be located in required
landscape planters. Prior to issuance of letter of approval to the Alcohol Beverage
Control Board, this condition must be complied with.
21. A timed-access cash controller or drop safe must be installed.
22. Install a silent armed robbery alarm.
23. The owner or manager of the licensed premises shall maintain on the premises a
written security policy and procedures manual, that has been approved by the
police department, addressing at a minimum the following items:
a) Procedures for handling obviously intoxicated persons.
b) The method for establishing a reasonable ratio of employees to patrons,
based upon activity level, in order to ensure adequate staffing levels to
monitor beverage sales and patron behavior.
c) Procedures for handling patrons involved in fighting, arguing or loitering
about the building, and/or in the immediate adjacent area that is owned,
leased, rented or used under agreement by the licensee(s).
d) Procedures for verifying the age of patrons for purposes of alcohol sales.(e)
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e) Procedures for ensuring that servers monitor patrons to ensure that their
drinking limit/potential intoxication is not exceeded. This procedure should
include a description of the procedure the server would use to warn, or
refuse to serve, the patron.
f) Procedures for calling the police regarding observed or reported criminal
activity.
g) Procedures for management of queuing lines.
h) The location and description of any video games proposed to be on the
premises.
24. The operator shall be responsible for submitting a detailed outdoor fencing and
dining plan where outdoor dining is proposed as part of the business operation. If
the proposed dining area or fencing is in the public right-of-way, the Applicant must
obtain all required permits and approvals from the Public Works Agency.
25. Combined alcohol storage and display areas shall not exceed five (5) percent of
the gross floor area of the licensed establishment.