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HomeMy WebLinkAbout31A - CUP - 227 NORTH BROADWAYREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE: ?,,? Y • y? ua '?3r 1x4 ;,Ie, i', CLERK OF COUNCIL USE ONLY: APPROVED CONDITIONAL USE PERMIT NO. 2010-18 TO ALLOW AFTER-HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2010-19 TO ALLOW A BANQUET FACILITY AT THE CHAPTER ONE RESTAURANT AT 227 NORTH BROADWAY -JEFFREY D. HALL, APPLICANT i CI Y MANAGER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2010-18 as conditioned and Conditional use Permit No. 2010-19 as conditioned. PLANNING COMMISSION ACTION On September 27, 2010, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2010-18 as conditioned to allow for after-hours operation and Conditional Use Permit No. 2010-19 to allow fora banquet facility by a vote of 7:0 for Chapter One Restaurant located at 227 North Broadway in the Specific Development No. 84-Downtown (SD84-DT) zoning district. 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. Jay revino Executive Director Planning & Building Agency HS:rb hs:\ChaptarOne\cup70-18 cup?0-19 Chapter Ona.cc Exhibit: A. Planning Commission Staff Report l? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2n° Reading (] Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER 31 A-1 31 A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: - - PLANNING COMMISSION SECRETARY SEPTEMBER 27, 2010 APPROVED TITLE: O As Recommended FILED BY JEFFREY D. HALL FOR CONDITIONAL USE O As Amended PERMIT NO. 2010-17 TO ALLOW A TYPE 47 ABC ? Set Public Hearing For LICENSE, CONDITIONAL USE PERMIT NO. 2010-18 DENIED TO ALLOW AFTER-HOURS OPERATION, AND ? Applicant's Request CONDITIONAL USE PERMIT NO. 2010-19 TO ALLOW O Staff Recommendation A BANQUET FACILITY AT THE CHAPTER ONE RESTAURANT AT 227 NORTH BROADWAY CONTINUED TO Prepared by Hally Soboleske Executive Director Planning Ma ger RECOMMENDED ACTION 1 . Adopt a resolution approving Conditional Use Permit No. 2010-17 as conditioned_ 2. Adopt a resolution approving Conditional Use Permit No. 2010-18 as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2010-19 as conditioned. DISCUSSION Zoning Administrator Action A Zoning Administrator meeting was held on September 15, 2010 regarding Conditional Use Permit No. 2010-17 to allow a Type 47 ABC license_ The Zoning Administrator remanded this item to the Planning Commission in order to review this project, and all related actions, in a comprehensive manner. Request of Aonlicant Mr_ Jeffrey D. Hall, representing Retroactive Concepts, Inc. for the Chapter One restaurant, is requesting approval of conditional use permits fora Type 47 Alcoholic Beverage Control (ABC) license to allow the on-sale consumption of beer, wine and distilled spirits; after-hours operation; and a banquet facility at the Chapter One Restaurant to be located at 227 North Broadway. Proaerty Description The proposed Chapter One restaurant is within the historic Pacific Building located at the southeast corner of Broadway and Third Street. The property is identified as the Downtown (DT) zoning district and has a General Plan land use designation of District Center (DC). Surrounding land uses include commercial, with a public parking structure to the north, and residential land uses within 250 feet (Exhibits 1 and 2). it CUP Nos. 2010-17 thru 2010-19 September 27, 2010 Page 2 The site is developed with the Pacific Building, atwo-story historic structure constructed in 1925. The Chapter One restaurant proposes to use 3,782 square feet of the ground floor. Although the building has two stories and a basement, the proposed restaurant will be occupying 3,782 square feet of the structure on the ground level. The basement is currently occupied by The Copper Door (formerly Broadway Billiards), a billiards hall operated by Davin and Marta Gumm the building's new owners. The remainder is occupied with business offices. The building has always been used for commercial purposes, and prior to this proposal, this portion of the building was occupied by the restaurant Trattoria Ciao. Parking is supplied by two public parking structures located at Third Street and one located at the northwest comer of Third and Birch Streets. Both public parking opportunities are shared by all the businesses in the immediate area. There is a privately owned, paved surface lot adjacent and immediately east of the subject site where people may pay to park. There is also metered parking by the curb on Third Street. Project Dgscri?tion The applicant is requesting three conditional use permits: 1) the sale of beer, wine and distilled spirits (Type 47 license) for consumption on premise in conjunction with an eating establishment; 2) after-hours operation; and 3) banquet facility. The on-premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The storage area for alcoholic beverages is located within the kitchen and bar area and consists of approximately 60 square feet which is considerably less than five percent of the gross floor area of the restaurant (Exhibit 3). The restaurant will provide alcoholic beverages to customers as a service ancillary to the primary restaurant use. There will be freestanding tables, built-in booths, and bar seating. The applicant also proposes a banquet facility and after-hours operation. Although not part of their immediate business plan, entertainment may include, but is not limited to, various types of live performances, dances, conferences, receptions and other assembly uses. Entertainment will remain ancillary to the primary restaurant use. Proposed hours of operation will be from 6:00 a.m. to 2:00 a.m. The building is oriented towards the commercial Broadway corridor and Third Street. As proposed, the remainder of the first floor of the Pacific Building will continue to be used for retail and office uses. Separate permit applications will be submitted to the Public Works Agency by the applicant for two outdoor dining areas including an approximately 151 square foot outdoor dining area facing Third Street at the front of the building, and an approximately 141 square foot outdoor dining area facing Third Street towards the rear of the building (Exhibit 4). A separate permit application will also be submitted to the Police Department to allow dancing to take place at this establishment. 31 A-4 CUP Nos. 2010-17 thru 2010-19 September 27, 201 O Page 3 Analvsls of the Issues Conditional Use Permit No. 2010-17 to allow for a Tvr?e 47 ABC license Staff has reviewed the applicants request and is recommending approval of Conditional Use Permit No. 2010-17. The Police Department has reviewed the application and has noted that the restaurant is located within Reporting District No. 185, which ranks 10th out of 102 Citywide Districts in total number of police-related incidents. The restaurant will be in an area of the city that is considered higher-than-average in police-related incidents. Based on the above average number of police-related incidents, and the fact that there are residential units within 250 feet of this proposed use, the Police Department is concerned with potential negative impacts to adjacent residents. Therefore, several conditions of approval are proposed for this license. The proposed conditions of approval, which include restrictions on alcohol service, noise generation, litter, and exterior pay phones, among others, are intended to address the concerns raised by the Police Department and minimize the number of potential calls for service to the restaurant and to ensure the business operates as a bona fide eating establishment. The alcohol storage area is limited to less than five percent of the gross floor area of the restaurant to ensure that the alcohol license remains ancillary to the restaurant use. An on-site security guard will monitor and maintain the safety of patrons during any entertainment event or pertormance, as well as serving to protect the safety of those in the surrounding community. Additionally, the conditions of approval will assist in mitigating potential negative effects this restaurant may have on the surrounding community. Conditional Use Permit No. 2010-18 to allow for After-Hours Operation Santa Ana Municipal Code (SAMC) requires a conditional use permit for any eating establishment with hours of operation between 12:00 a.m. and 5:00 a.m. The proposed hours of operation for Chapter One are 6:00 a.m. to 2:00 a_m. As proposed, the restaurant will be open for breakfast, lunch, dinner and late night meals. These hours are consistent with the typical operations of this land use, and the request is similar to other restaurants such as Crosby and Memphis operations. Entertainment at this facility may include performances, dancing, and other types of assembly. Separate entitlements have been submitted by the applicant and are currently being processed for two outdoor dining areas. Sensitive land uses, such as residences within 250 feet away from this project, will not be negatively affected as all noise will be contained indoors, and there will be no amplified outdoor music. The existing residential units are located in the Downtown area, as are those units currently under construction on the southeast corner of Third and Sycamore Streets. Additionally, the building faces north, or away from, the existing residential land uses which further reduces the potential impact to the community west and east of the subject site. Parking for any potential events will be in the public parking structure, and will not spill over into the surrounding neighborhoods. Exterior lighting for the outdoor dining areas will be located on the north side of the building, and directed away from residential land uses. 31 A-5 CUP Nos. 2010-17 thru 2010-19 September 27, 201 O Page 4 At all times when dancing and/or entertainment are being conducted, the applicant shall employ a minimum of one uniformed, licensed security guard for every hundred persons in attendance per event, for keeping the peace. The guard must be approved by the Chief of Police. This additional security will maintain order at the location, as well as protect the surrounding community. The facility has been designed to meet all code requirements, as well as those conditions established by the Police Department; therefore, staff recommends approval of Conditional Use Permit No. 2010-18. Conditional Use Permit No. 2010-19 to allow fora Banquet Facility The proposed restaurant with an ancillary entertainment use may also be used for a banquet facility as it may be closed to the general public for private use. Per the SAMC, banquet facilities must have a kitchen facility, sanitation facilities, and a licensed security guard for every hundred persons in attendance per event. The project meets or exceeds standards for a banquet use. This security guard must be approved by the Chief of Police. Exterior lighting will be reviewed and approved by the Police Department. This will provide protection to patrons of the facility, as well as residents of the surrounding community. The intent is to operate a full service restaurant; however, private events may be allowed on occasion. The facility will have stronger economic viability if private events may also be booked at the facility, so a banquet facility is appropriate. Based upon the analysis of the project and the project's compatibility with the City's General Plan and applicable development standards, staff recommends that the Planning Commission approve Conditional Use Permit Nos. 2010-17, 2010-18 and 2010-19 as conditioned. CEQA Compliance 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, Class 1 because the project involves minor alterations to an existing building as well as the licensing and permitting of a use that was essentially the same as the previous use and will be in conformance with all city codes and requirements. Categorical Exemption Environmental Review No. 2010-13 will be filed for this project. Hally Sobole Associate Pla ner HS:jm ha:\Chaptar-One?cup70-7?thrv79 Chapter Ona.pc Sergio 1 P Princip lann 31 A-6 CUP y 0-y 7/CUP 7 0-y 8/CUP 7 O-y 9 ? RETROACTIVE CONCEPTS, INC. ?,, 227 NORTH BROADWAY - -tea FEET 1' = 10D0 FEET P L A N N I N G A N D B U I L D 1 N G A G E N C Y VICINITY MAP ® ti+? o?enayzona EXHIBIT l tae ovenay zone 31 A-7 31 A-8 C MMERC/AL COMMER AL COMMERCIAL/ RES/GENT/AL C M M R C/ A L THIRD COM. Q 3 v a 0 Q m C O M E R C l A L y COM. P A R K/ N O ST. C O M M R C/ A L COMMERCLAL COM E C/AL SECOND ST_ C O M M E R C/ A L W ac 0 Q V N CUP y O-y 7/CUP y 0-y 8/CUP y 0-19 _ t RETROACTIVE CONCEPTS, INC. -..s- 227 NORTH BROADWAY ?'' P l A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-10 ? All i3 + ?{ { + ? E A a tOLZ6 VO 'euy elue5 O • 1',: ? i 17a?? ?_ 1'?' it III ? ? a Aerv.Peo.B 'N LZZ g?le?,,, J: ? i i,Ii I(illi j) t { ? ' L ki3ldb'H? NVId kfOOld AHVNIWIl3l1d - Q 11 ? Ltk 1 + Lei j 3 ? i ? ? ? t. ? '? } S`JNIMVtlO llWtl3d 3Sf1 d0 3`JNVHO ] ?? L? d !8 ?B 9 j H rt ! 3 r 1 ¦ 1 '= rt9 ?A ? g 9¢ ii ? ? 8? °A 4t ? S 9 ? s ?1 6 : a ?'_ ? ? ?3 ?? ? ? :r?s9.'gE m m m m m m ® ® m m a ® o m a a m m m ® a ® m m m --. - - - - -- -- - - - - CUP 10-17/CUP 10-18/CUP 10-19 - _ _ EXHIB__I_T_ 3 - _ 31A-11 31A-12 1:: 1: : t I I'I II ?' ??! 4? I as 19,t ? . I 1y; ?;??? ??ii- ? I. I ? 11 :, li II II' t II I? lil i II it I'.i `s a ? I loczs roo 'auy Muss )I 4 t ?caMoeo,a •NCZz I I l I i i .. ,u. i II :I 1 1+. 11 o ® ??7+ae ?f ?? I ,?, R?f.I h?P.' ?,??r , I I f I ? I ,a fi + I I I I I I I I ? I I I I I I I I I ? L El31db'H? NOIJ.?3S ONV NOI1YA313 ? ? I 1F YaL? d d d I 3 ¢ F I l I t SONIMVF3O 11W!!3d 3Sf1 d0 30NtlH0 f !? •u I.. _ B ? i ? le o ? , $ ? g ? r ? ? ?? [ Ygi i S a a m ti ? ' !? ??F tlb??rY m ® m m m s m ? ._ . _ __ ?? beYdl .,n13117d1',:?N? ;b dL1W? . CUP 10-17/CUP 10-18/CUP 10-19 EXbLiBIIT.r4? 31A-14 ROH - 09/27/ O RESOLUTION NO. 2010-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2010-17 AS CONDITIONED FOR A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2010-18 AS CONDITIONED TO OPERATE BETWEEN THE HOURS OF 12:00 A.M. TO 7:00 A.M., AND CONDITIONAL USE PERMIT NO. 2010-19 AS CONDITIONED TO OPERATE A BANQUET FACILITY, FOR THE PROPERTY LOCATED AT 227 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. Applicant is requesting approval of: Conditional Use Permit No. 201 O-1 7 to allow a Type 47 Alcoholic Beverage Control (ABC) license, Conditional Use Permit No. 2010-18 to operate a restaurant between the hours of 6:00 a.m. to 2:00 a.m., and Conditional Use Permit No. 2010-19 to allow a banquet facility, for the property located at 227 North Broadway. B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use permit for: the sale of alcoholic beverages for on-site consumption, businesses operating between the hours of 12:00 a.m. and 7:00 a.m., and the operation of a banquet facility. C. On September 27, 2010, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2010-17, Conditional Use Permit No. 2010-18, and Conditional Use Permit No. 2010-19. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2010-17 to allow for a Type 47 ABC license: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed alcohol beverage license use will allow an ancillary service to the restaurant and thereby benefit the Resolution No. 201 O-? 2 Page 1 of ? 8 31A-15 community by providing an additional food-related amenity at the eating establishment. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the land 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 of beer and wine and distilled spirits at the Chapter One Restaurant will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negative or adverse impacts. The sale of alcoholic beverages will occur inside of the premises and is secondary 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 project site is located within the downtown, and is appropriate for the proposed commercial use. The establishment of this restaurant promotes a balance of land uses that enhances the City's economic and fiscal viability. Alcoholic beverages on the menu at the Chapter One Restaurant will increase the patronage to the restaurant by offering another convenience thereby enhancing the profitability of the business. In turn, this identifies the use and site as economically stable and viable, and has a positive effect on the surrounding properties in the area. 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, wine, and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code. 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. Goal 1.0 of the Land Use Element requires that land use decisions promote a balance of land uses to address basic community needs. The restaurant offers citizens a place to gather and eat thereby serving the community. Goal 2.0 of the Land Use Element requires that land use decisions promote land uses which enhance the City's economic and Resolution No. 2010-12 Page 2 of 18 31A-16 fiscal viability. Therefore, a variety of land uses that serve the public are necessary to offer a wide range of goods and services. E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2010-18 to allow for after hours operation: 1 . Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed Chapter One restaurant after-hours operation creates afood-related amenities and disport for the community. Conditions have been placed on this operation to mitigate any potential problems created by the land use. 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 after-hours operation at the Chapter One Restaurant will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negative or adverse impacts. Sensitive lands uses are located 250 feet or more away, and all after-hours entertainment will be contained indoors to mitigate the impacts to surrounding properties. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project site is a commercial corridor that is appropriate for the proposed commercial use. The establishment of this restaurant promotes a balance of land uses that enhances the City's economic and fiscal viability. Peak hours of operation will be in the evening, which does not conflict with the peak hours of nearby retail shops, so will not cause parking conflicts in the public lots. Providing a variety of land uses in the area strengthens the economic base. 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 business operating after the hours of 12:00 a.m. Resolution No. 201 O-? 2 Page 3 of 7 8 31A-17 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. Goal 1.0 of the Land Use Element requires that land use decisions promote a balance of land uses to address basic community needs. The restaurant offers citizens a place to recreate and eat thereby serving the community. Goal 2.0 of the Land Use Element requires that land use decisions promote land uses which enhance the City's economic and fiscal viability. Therefore, a variety of land uses that serve the public are necessary to offer a wide range of goods and services. F_ The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 20'10-19 to allow for a Banquet Facility: ? . Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed use will provide an added alternative to the restaurant thereby providing a benefit to the community through a local banquet and meeting venue. Conditions have been placed on the banquet facility, which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect or be injurious to 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 addition of the banquet facility use to the restaurant will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negative or adverse impacts. The banquet and private events will occur inside of the premises and offer an alternative to the restaurant's business operations to enhance economic viability. Moreover, conditions are imposed to mitigate any 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? Resolution No. 2010-12 Page 4 of 18 31A-18 The 0.14-acre site is a commercial site that is appropriate for the proposed commercial use. A banquet facility at the Chapter One restaurant may increase the patronage to the business, thereby enhancing profitability and identifying the use and site as economically stable and viable for the surrounding properties in the area. 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 banquet facilities pursuant to Chapter 41 of the Santa Ana Municipal Code. 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. Banquet facilities are permitted within the District Center (DC) General Plan designation and the Downtown (DT) zoning district. Additionally, the use, as conditioned, is in compliance with the regulations identified in the zoning code. G. 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 ? 5332, Class 32 because it is an infill development project in an existing building, and will be in conformance with all city codes and requirements. Categorical Exemption Environmental Review No. 2010-13 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2010-17 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein, Conditional Use Permit No. 2010-18 as conditioned in Exhibit B attached hereto and incorporated as though fully set forth herein, and Conditional Use Permit No. 201 O-? 9 as conditioned in Exhibit C attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated September 27, 2010 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 27th day of Seotember. 201 O by the following vote: Resolution No. 200-12 Page 5 of ? 8 31A-19 AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTENTIONS: Commissioners Acosta, Alderete, Betancourt, Gartner, Turner, Walters, Yrarrazaval (7) None (O) None (O) None (O) Eric Alderete Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2010-t 2 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 27. 201 O Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 201 O-? 2 Page 6 of 7 8 31 A-20 EXHIBIT A Conditions for Approval of Conditional Use Permit No 2070-17 Conditional Use Permit No. 2010-17 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 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 The banquet facility shall comply with the following development and operational standards. a. All banquet facilities require a kitchen facility including, but not limited to, an oven, stove, refrigeration, freezer, exhaust hood, grease receptor, cutting and preparation areas, dishwashing area or machine, employee sink and mop, and appropriate counter/service facilities. b. All banquet facilities require sanitation facilities in compliance with the California Building Code building standards. c. Whenever there is entertainment with or without alcohol, the banquet facility shall provide a uniformed state licensed security guard, as approved by the chief of police, at the rate of one guard per 100 attendees, with a minimum of one security guard, or other security measures as approved by the Chief of Police. The guards shall be present until attendees have left the premises. d. All banquet facilities shall provide exterior lighting in compliance with Police Department standards_ 2. All proposed site improvements must conform with Site Plan Review approval of DP No. 2010-35. Resolution No. 201 O-? 2 Page 7 of ? 8 31 A-21 SEPTEMBER 27, 2070 PAGE 2 OF 4 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 . The sale of alcoholic beverages for consumption off the premises is strictly prohibited- 2. 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. 3. 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. 4. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee- s. 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. 6. 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. 7. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. 8. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. and 12:00 a_m. unless Conditional Use Permit No. 2010-18 is approved. 9. Music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. Resolution No. 2010-12 Page 8 of 18 31 A-22 SEPTEMBER 27, 200 PAGE 3 OF 4 1 O. 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. 1 1 . 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. 12. 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. 13. 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. 14. Existing restaurant 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. 1 5. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board condition 14 must be complied with. 16. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 1 7. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 18. Window displays and racks must be kept to a maximum height of three feet including merchandise. 19. Atimed-access cash controller or drop safe must be installed. 20. Install a silent armed robbery alarm. 21 . The applicant shall employ a minimum of one uniformed, licensed security guard for every 100 persons in attendance per event, for the purpose of keeping the peace at all times entertainment is provided or that a cover charge, donation, or admission fee is collected to enter the premises. Resolution No. 201 O-? 2 Page 9 of ? 8 31 A-23 SEPTEMBER 27, 2070 PAGE40F4 22. If there is a marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase may be determined by the Chief of Police, the permittee shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police Department. 23. The applicant must submit a comprehensive security plan for Police Department review and approval. C. Fire Department Plans must note fire alarm system when submitted for plancheck. Resolution No. 20? 0-12 Page 70 of 18 31 A-24 EXHIBIT B Conditions for Approval of Conditional Use Permit No 200-78 Conditional Use Permit No. 2010-18 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 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 The banquet facility shall comply with the following development and operational standards. a. All banquet facilities require a kitchen facility including, but not limited to, an oven, stove, refrigeration, freezer, exhaust hood, grease receptor, cutting and preparation areas, dishwashing area or machine, employee sink and mop, and appropriate counter/service facilities. b. All banquet facilities require sanitation facilities in compliance with the California Building Code building standards. c. Whenever there is entertainment with or without alcohol, the banquet facility shall provide a uniformed state licensed security guard, as approved by the chief of police, at the rate of one guard per 100 attendees, with a minimum of one security guard, or other security measures as approved by the Chief of Police. The guards shall be present until attendees have left the premises. d. All banquet facilities shall provide exterior lighting in compliance with Police Department standards. 2. All proposed site improvements must conform with Site Plan Review approval of DP No. 2010-35. Resolution No. 201 O-? 2 Page 7 1 of ? 8 31 A-25 SEPTEMBER 27, 20? O PAGE20F4 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. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 2. 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. 3. 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. 4. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 5. 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. 6. 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- 7. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. 8. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 9:00 a. m. and 12:00 a.m. unless Conditional Use Permit No. 2010-18 is approved. 9. Music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. Resolution No. 2070-12 Page 12 of ? 8 31 A-26 SEPTEMBER 27, 200 PAGE 3 OF 4 10. This land use authorization is only fora Type 47 on-sale general, public eating-place, any other license use at this location will require a new land use clearance. 11 . 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. 12. 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. 13. 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. 14. Existing restaurant 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. 15. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board condition 14 must be complied with. 16. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 17. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 18. Window displays and racks must be kept to a maximum height of three feet including merchandise. 19. Atimed-access cash controller or drop safe must be installed. 20. Install a silent armed robbery alarm. 21. The applicant shall employ a minimum of one uniformed, licensed security guard for every 100 persons in attendance per event, for the purpose of keeping the peace at all times entertainment is provided or that a cover charge, donation, or admission fee is collected to enter the premises. Resolution No. 20? O-? 2 Page ? 3 of ? 8 31 A-27 SEPTEMBER 27, 20? O PAGE40F4 22. If there is a marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase may be determined by the Chief of Police, the permittee shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police Department. 23. The applicant must submit a comprehensive security plan for Police Department review and approval. C. Fire Department Plans must note fire alarm system when submitted for plancheck. Resolution No. 20? O-? 2 Page ? 4 of 7 8 31 A-28 EXHIBIT C Conditions for Aaaroval of Conditional Use Permit No. 20? O-y 9 Conditional Use Permit No. 201 O-? 9 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 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 banquet facility shall comply with the following development and operational standards. a_ All banquet facilities require a kitchen facility including, but not limited to, an oven, stove, refrigeration, freezer, exhaust hood, grease receptor, cutting and preparation areas, dishwashing area or machine, employee sink and mop, and appropriate counter/service facilities. b. All banquet facilities require sanitation facilities in compliance with the California Building Code building standards. c_ Whenever there is entertainment with or without alcohol, the banquet facility shall provide a uniformed state licensed security guard, as approved by the chief of police, at the rate of one guard per 100 attendees, with a minimum of one security guard, or other security measures as approved by the Chief of Police. The guards shall be present until attendees have left the premises. d. All banquet facilities shall provide exterior lighting in compliance with Police Department standards. 2. All proposed site improvements must conform with Site Plan Review approval of DP No. 2010-35. Resolution No. 2010-12 Page 15 of 18 31 A-29 SEPTEMBER 27, 200 PAGE 2 OF 4 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 . The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 2. 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. 3. 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. 4. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 5. 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. 6. 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. 7. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. 8. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. and ? 2:00 a.m. unless Conditional Use Permit No. 20'10-18 is approved. 9. Music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. Resolution No. 20? 0-7 2 Page ? 6 of 7 8 31 A-30 SEPTEMBER 27, 20? O PAGE 3 OF 4 10. This land use authorization is only fora Type 47 on-sale general, public eating-place, any other license use at this location will require a new land use clearance. 11. 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. 12. 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. 13. 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. 14. Existing restaurant 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. 15. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board condition 14 must be complied with. 16. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 17. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 18. Window displays and racks must be kept to a maximum height of three feet including merchandise. 19. Atimed-access cash controller or drop safe must be installed. 20. Install a silent armed robbery alarm. 21. The applicant shall employ a minimum of one uniformed, licensed security guard for every 100 persons in attendance per event, for the purpose of keeping the peace at all times entertainment is provided or that a cover charge, donation, or admission fee is collected to enter the premises. Resolution No. 2010-12 Page 17 of 18 31 A-31 SEPTEMBER 27, 20? O PAGE40F4 22. If there is a marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase may be determined by the Chief of Police, the permittee shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police Department. 23. The applicant must submit a comprehensive security plan for Police Department review and approval. C. Fire Department 1 . Plans must note fire alarm system when submitted for plancheck. Resolution No. 201 O-? 2 Page 18 of ? 8 31 A-32