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HomeMy WebLinkAbout31A - CUP - 220 E FOUTH ST SUITE 102REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 1, 2012 TITLE: CONDITIONAL USE PERMIT NOS. 2012-11 AND 2012-13 TO ALLOW THE RESTAURANT TO OPERATE UNTIL 2:00 A.M AND TO ALLOW THE RESTAURANT TO BE USED AS A BANQUET FACILITY - BOB QUINN, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on Vt Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2012-11 as conditioned and Conditional Use Permit No. 2012-13 as conditioned. PLANNING COMMISSION ACTION On September 10, 2012, the Planning Commission adopted a resolution approving Conditional Use Permit (CUP) No. 2012-11 as conditioned to allow the restaurant's hours of operation to extend to 2:00 a.m. and adopted a resolution approving Conditional Use Permit No. 2012-13 as conditioned to allow the restaurant to be used as a banquet facility by a vote of 6:0 (Alderete absent) for the Playground restaurant located at 220 East Fourth Street, Suite 102 in the Downtown (SD84) zoning district. The Planning Commission approved modifications to Police Conditions to change "Amplified" to "Ambient" music; live entertainment must meet the standards and requirements set forth in Chapter 41 of the Santa Ana Municipal Code (Police Condition No. 4 and 13 for CUP No. 2012-11 and No. 4 and 14 for CUP No. 2012-13); and added a condition to prohibit the cover charge as related to live entertainment (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. J". Trevino Executive Director Planning & Building Agency HS:rb hs\P1ayground\CUP12-11 &13_PlaygroundAHROTH.cc Exhibit: A. Planning Commission Staff Report 31A-1 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 10, 2012 TITLE: PUBLIC HEARING - FILED BY BOB QUINN FOR CONDITIONAL USE PERMIT NOS. 2012-11, 2012-12, AND 2012-13 TO ALLOW THE RESTAURANT TO OPERATE UNTIL 2:00 A.M., UPGRADE AN EXISTING TYPE 41 ABC LICENSE TO A TYPE 47, AND TO ALLOW THE RESTAURANT TO BE USED AS A BANQUET FACILITY Prepared by Hally Soboleske xecutive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For DENIED ? Applicant's Request ? Staff Recommendation CONTINUED TO Planning Man er 1. Confirm the Zoning Administrator's action approving Conditional Use Permit No. 2012-12 to upgrade a Type 41 ABC license to a Type 47 ABC license as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2012-11 to allow the restaurant's hours of operation to extend to 2:00 a.m. as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2012-13 to allow the restaurant to be used as a banquet facility as conditioned. Protect Description On August 15, 2012, the Zoning Administrator approved a Type 47 ABC license for the Playground restaurant. At its meeting of August 27, 2012, the Planning Commission voted to continue this project to its next regularly scheduled meeting so as to discuss the project in its entirety. ,/ ?, ,J?- Hal y S boleske Associate Planner HS Jm hsTlayground/cover_cup12-11-12-13 PlaWoundAHROTH.pc Attachments: August 27, 2012 Staff Reports EXHIBIT A Vince Fregoso, ICP Principal Planne , 31A-3 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: AUGUST 27, 2012 TITLE: PUBLIC HEARING - FILED BY BOB QUINN FOR CONDITIONAL USE PERMIT NOS. 2012-11 AND 2012-13 TO ALLOW THE RESTAURANT'S HOURS OF OPERATION TO EXTEND PAST MIDNIGHT TO 2:00 A.M. AND TO ALLOW THE RESTAURANT TO ALSO BE USED AS A BANQUET FACILITY PLANNING COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For DENIED ? Applicant's Request ? Staff Recommendation CONTINUED TO Prepared by Hally Soboleske Executive Director Planning Mana r iiiiiiiim RECOMMENDED ACTION 1. Adopt a resolution approving Conditional Use Permit No. 2012-11 to allow the restaurant's hours of operation to extend to 2:00 a.m. as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2012-13 to allow the restaurant to be used as a banquet facility as conditioned. Request of Applicant Bob Quinn is requesting approval of conditional use permits for after-hours operation and a banquet facility at the Playground restaurant at 220 East Fourth Street, Suite 102. Operations that occur after midnight, as well as a banquet hall, require a conditional use permit pursuant to Section 41- 2007 of the Santa Ana Municipal Code (SAMC), Transit Zoning Code. Prolect Location and Site Description The site is currently developed with a single-story, 20,802 square foot commercial building. Parking is located within the City of Santa Ana nearby public parking structures, including one that is southeast on Third Street and owned by the City of Santa Ana, and a public metered parking lot south of the restaurant. Both public parking opportunities are shared by all the businesses in the immediate area. There is also metered parking along Fourth Street. Surrounding land uses include commercial on all sides, with residential land uses within 250 feet (Exhibits 1 and 2). Prolect Description The Playground restaurant is requesting approval of an after-hours conditional use permit so they may operate the restaurant until 2:00 a.m. The proposed general hours of operation for the restaurant are weekdays from noon to 2:00 a.m., and Sundays from 11:00 a.m. to 9:00 p.m. with brief closures between lunch and dinner. 31A-4 CUP Nos. 2012-11 & 2012-13 August 27, 2012 Page 2 The Playground restaurant would also like to be able to use the restaurant as a banquet hall in order to host private parties. This request is part of a larger project at the Playground, which includes a conditional use permit for a Type 47 alcohol license and to expand into the adjacent suite to enlarge the square footage of the existing restaurant by 1,002 square feet, as well as creating a 525 square foot outdoor dining area. The alcohol sales CUP was approved by the Zoning Administrator on August 15, 2012. Project Background The Playground is operated by one of the chefs who was the 2011 winner in the Great Food Truck Race television show, Jason Quinn. Jason and his father, Bob, opened up the Playground that same year. The Playground restaurant has proven to be very successful in the short time since its grand opening, and was named Orange County's Best New Restaurant of the Year in 2011. The number of patrons continues to grow, and they have found the need to expand by taking over the adjacent 1,002 square feet suite immediately south of their existing suite. They specialize in "small plate" meals. The after-hours and banquet conditional use permits would allow them to remain competitive with other restaurants in the area. General Plan and Zoning Consistency The General Plan land use designation for the site is District Center (DC). District Center land-use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with this General Plan land use designation. The parcel is located within the Transit Zoning Code (SD84)/Downtown (DT) zoning district. The SD84/DT zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning designation. Project Analysis Conditional Use Permit requests are governed by Section 41-638 of the SAMC. Conditional Use Permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • 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. • That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area. 31A-5 CUP Nos. 2012-11 & 2012-13 August 27, 2012 Page 3 • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • 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. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request to extend business hours, staff believes that the following findings of fact warrant approval of the conditional use permit. • The proposed after hours of operation will allow the Playground to remain competitive with other restaurants in the area that also operate until 2:00 a.m. This will thereby benefit the community by providing a restaurant with varied business hours. Conditions have been placed on the conditional use permit which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. • The proposed operation of this restaurant until 2:00 a.m., and the outdoor patio until 1:30 a.m., will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the restaurant that will mitigate any potential negative or adverse impacts created by the late night use. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also operate until 2:00 a.m. Further, the extended business hours allow the restaurant to remain economically viable and contributes to the overall success of the East End Promenade and Downtown Santa Ana. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant operating after midnight pursuant to Chapter 41 of the Santa Ana Municipal Code. • The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant operating in this zone contributes to the economic success of the downtown and the city as a shopping and dining destination. Additionally, staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request to allow the restaurant to be used as a banquet hall, staff believes that the following findings of fact warrant approval of the conditional use permit. 31A-6 CUP Nos. 2012-11 & 2012-13 August 27, 2012 Page 4 • The proposed banquet hall will allow the Playground to remain competitive with other restaurants to allow for private parties. This will thereby benefit the community by providing a restaurant where private events can take place. The banquet use will be indoors only. The Playground will still operate as a full service restaurant, but the banquet hall will be an ancillary use. • The proposed banquet hall use will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the restaurant that will mitigate any potential negative or adverse impacts created by this use. The Playground will still operate as a full service restaurant. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that have a banquet hall use. Further, the banquet hall use will allow the restaurant to remain economically viable and contribute to the overall success of the East End Promenade and Downtown Santa Ana. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a banquet use pursuant to Chapter 41 of the Santa Ana Municipal Code. • The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant operating in this zone contributes to the economic success of the downtown and the city as a shopping and dining destination. Police Department Analysis The Police Department reviews conditional use permit applications for the after-hours operation and banquet halls due to the potential for adverse impacts on the surrounding community. This site is located within Reporting District No. 185. There are numerous residential dwellings located within 250 to 350 feet of this proposed use including the condominiums located at 450 East Fourth Street and the lofts located at 200 North Spurgeon and 200 East Third Street. Due to their proximity to the restaurant, concerns exist with the potential to adversely affect the residents of the complex. Therefore, several conditions of approval are proposed for this license to mitigate any potential for impacts. These conditions, including those intended to address noise and crime, will mitigate these impacts and help minimize calls for service to the restaurant. Public Notification The project site is not located within the boundaries of an established Neighborhood Association. However, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. 31A-7 CUP Nos. 2012-11 & 2012-13 August 27, 2012 Page 5 CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15301, Class 1, because it is an action in conformance with all city codes and requirements. Categorical Exemption Review No. 2012-28 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2012-011 and Conditional Use Permit No. 2012-13 as conditioned. Hal y Sob eske Associate Planner Vince Fregoso, lG Principal Planner HS:jm WPlayground/cup12-11 13 PlaygroundAHROTH.pc Attachments: Exhibit 1 - Vicinity Map Exhibit 2 - Zoning Map Exhibit 3 - Floor Plan 31A-8 SEVENTEENTH s? 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RANNEDFE9DBJIIALDDaCWflW C5 AIRTERALCCENff 1AL CUP 2012-11 and 13 ?Y;, THE PLAYGROUND A 0- 220 EAST FOURTH STREET - - =5W FEET " = 1000 FEET P L A N N I N G A N D 8 U I L D I N G A G E N C Y - E--,, ITP Q E SD-t3 8 D-8 P 11 6-8 a EXHIBIT 1 VICINITY MAP 31A-9 CO M I C O M M R C I A L co C O M M E R C II A L C O M M E R C I A L C O M M E R C I A L Project Site COMMERCIAL C0MMERICIAL C O M M E R C I A L C O M M E R C I A L CUP 2012-11 and 13 The Playground 220 EAST FOURTH STREET 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 31 A-10 'ao?'s?daa?zo? I --ir+rs ale C IN o ? X Ki¢ ¢ ff `:9 Ce e y [x x ?1FS 6RK t 2 C € I3 StlS % b 1 Y7L3 Y ff ?i?i "a : ? ypSep ? a NY` ?; ? 5 ? ?Y{? ? ? i j i? 9 y ?? rIYY? Y ptl 6?' {? £ 1 ? gigi YgI?Y? EE: 61 a? ?¢g? s 6 e? t? dZlY9 e? eF .??Y A2 !` i ? $ p a g ?r c 3 yv p Py a 13 ? i y Y ?r ? ? g ? g?? ' ? ?? s? ? 36 ?? ? 9? $ ?? 3e fY Ef E® y z ? s ? R y_ .ec ? o e Y 9a• - qa..: e:• ••a ii $• .• gy6y (.a? p?S Y7 f: Ey i?? ? y tVHn - i? x IL is 1E11RUT 1 A ROH - 08/27/12 RESOLUTION NO. 2012- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2012-11 AS CONDITIONED TO ALLOW THE HOURS OF OPERATION TO EXTEND TO 2:00 A.M., AND CONDITIONAL USE PERMIT NO. 2012-13 AS CONDITIONED TO ALLOW OPERATION AS A BANQUET FACILITY, FOR THE PROPERTY LOCATED AT 220 EAST FOURTH STREET, SUITE 102 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. 2012-11 to allow the restaurant's hours of operation to extend to 2:00 a.m. as conditioned, and Conditional Use Permit No. 2012-13 to allow the restaurant to be used as a banquet facility as conditioned, for the property located at 220 East Fourth Street, Suite 102. B. Santa Ana Municipal Code Section 41-2007 requires a conditional use permit for: businesses operating between the hours of 12:00 a.m. and 7:00 a.m., and the operation of a banquet facility. C. On August 27, 2012, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2012-11 Conditional Use Permit No. 2012-13. 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. 2012-11 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 after midnight operations will allow the Playground to remain competitive with other restaurants in the area that also operate until 2:00 a.m. This will thereby benefit the community by providing a restaurant with varied business hours. Resolution No. 2012-XXX 31 A-12 Page 1 of 8 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 operation of this restaurant until 2:00 a.m. will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the restaurant that will mitigate any potential negative or adverse impacts created by the late night use. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also operate until 2:00 a.m. Further, the extended business hours allow the restaurant to remain economically viable and contributes to the overall success of downtown Santa Ana. 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 operating after midnight 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. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant operating in this zone contributes to the economic success of the downtown and the city as a shopping and dining destination. 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. 2012-13 to allow for a Banquet Facility: 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 banquet hall will allow the Playground to remain competitive with other restaurants to allow for private Resolution No. 2012-XXX 31 A-13 Page 2 of 8 parties. This will thereby benefit the community by providing a restaurant where private events can take place. The Playground will still operate as a full service restaurant, but the banquet hall will be an ancillary 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 proposed banquet hall use will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the restaurant that will mitigate any potential negative or adverse impacts created by this use. The Playground will still operate as a full service restaurant. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that have a banquet hall use. Further, the banquet hall use will allow the restaurant to remain economically viable and contribute to the overall success of the East End Promenade and Downtown Santa Ana. 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 operating after midnight 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. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant operating in this zone contributes to the economic success of the downtown and the city as a shopping and dining destination. F. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15301, Class 1, because it is an action in conformance with all city codes and requirements. Categorical Exemption Review No. 2012-28 will be filed for this project. Resolution No. 2012-XXX 31A-14 Page 3 of 8 Section 2. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2012-11 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein and Conditional Use Permit No. 2012-13 as conditioned in Exhibit B 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 August 27, 2012 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 27th day of August 2012 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, 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. 2012-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 27, 2012. Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2012-XXX 31 A-15 Page 4 of 8 Conditions for Approval of Conditional Use Permit No. 2012-11 Conditional Use Permit No. 2012-11 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planninq Division- 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2012-21. 2. 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. 3. There shall be no gaming devices, such as pool tables, pinball machines, motion picture booths, etc, within the premises. 4. There shall be no conduct or entertainment allowed on the premises as prohibited by Chapter 12 of the Santa Ana Municipal Code (SAMC). B. Police Department 1. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 2. 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. 3. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. EXHIBIT A Page 1 of 2 Resolution No. 2012-XXX Page 5 of 8 31 A-16 4. Amplified music shall not be played outside the premises. Music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 5. 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. 6. 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. 7. 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. 8. Existing building 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 door/window locking devices and addressing be upgraded to current code standards. 9. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 10. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 11. Window displays and racks must be kept to a maximum height of three feet including merchandise. 12. A timed-access cash controller or drop safe must be installed. 13. There shall be no conduct or entertainment allowed on the premises as prohibited by Chapter 12 of the Santa Ana Municipal Code (SAMC). 14. Install a silent armed robbery alarm. EXHIBIT A Page 2 of 2 Resolution No. 2012-XXX Page 6 of 8 31 A-17 Conditions for Approval of Conditional Use Permit No. 2012-13 Conditional Use Permit No. 2012-13 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division All proposed site improvements must conform to the Site Plan Review approval of DP No. 2012-21. 2. 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. 3. There shall be no gaming devices, such as pool tables, pinball machines, motion picture booths, etc, within the premises. 4. There shall be no conduct or entertainment allowed on the premises as prohibited by Chapter 12 of the Santa Ana Municipal Code (SAMC). 5. The banquet facility use shall be conducted indoors only. B. Police Department 1. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 2. 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. 3. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. EXHIBIT B Page 1 of 2 Resolution No. 2012-XXX Page 7 of 8 31 A-18 4. Amplified music shall not be played outside the premises. Music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 5. This land use authorization is only for a Type 41 on-sale beer and wine for bona fide public eating place, any other license use at this location will require a new land use clearance. 6. 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. 7. 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. 8. 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. 9. Existing building 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 door/window locking devices and addressing be upgraded to current code standards. 10. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 11. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 12. Window displays and racks must be kept to a maximum height of three feet including merchandise. 13. A timed-access cash controller or drop safe must be installed. 14. There shall be no conduct or entertainment allowed on the premises as prohibited by Chapter 12 of the Santa Ana Municipal Code (SAMC). 15. Install a silent armed robbery alarm. EXHIBIT B Page 2 of 2 Resolution No. 2012-XXX Page 8 of 8 31 A-19 31A-20