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HomeMy WebLinkAboutZA FULL PACKET 2012-10-31OCTOBER 31, 2012 City Hall Ross Annex Second Floor Conference Room 20 Civic Center Plaza, Santa Ana, CA 92701 CALL TO ORDER: 10:30 a.m. Zoning Administrator: Sergio Klotz Recording Secretary: Jocelyn Magalona 1. AMENDMENT TO CONDITIONAL USE PERMIT NO. 2011-07 (Vince Fregoso) (Continued by Zoning Administrator: October 10, 2012 to October 31, 2012) Filed by Carlos Madriles to amend an existing Type 47 (ABC) Alcoholic Beverage Control license to allow the sale of beer, wine and distilled spirits within the entire building and within two outdoor patio areas at the Karmina Restaurant located at 515 North Main Street in the Specific Development No. 84/Downtown (SD-84) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: September 28, 2012 PUBLICLY NOTICED: September 27, 2012 RECOMMENDATION: Adopt a resolution approving the amendment to Conditional Use Permit No. 2011-07 as conditioned. 2. Public Comments Adjournment If you need special assistance to participate in this Zoning Administrator meeting, please contact Ellen Smiley, City ADA Program Coordinator, at (714) 647-5340. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Members of the public are allowed three (3) minutes to speak on each agenda item, but when any group desires to address the committee, the committee may request that its members agree on a spokesperson to make the presentation. ZONING ADMINISTRATOR PUBLIC HEARING REQUEST FOR Zoning Administlr~atorActIon ZONING ADMINISTRATOR MEETING DATE: OCTOBER 31, 2012 TITLE: PUBLIC HEARING -FILED BY CARLOS MADRILES TO AMEND CONDITIONAL USE PERMIT NO. 2011-07 AND ALLOW A TYPE 47 ALCOHOL BEVERAGE CONTROL LICENSE AT THE KARMINA RESTAURANT LOCATED AT 515 NORTH MAIN STREET Prepared by Vince 1=re oso PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request © Staff Recommendation CONTINUED TO Planning Manager RECOMMENDED ACTION Adopt a resolution approving the amendment to Conditional Use Permit No. 2011-07 as conditioned. Zoning Administrator's Action On October 10t", 2012, the project was heard by the City's Zoning Administrator. During the hearing, the Zoning Administrator expressed concerns with the width of the sidewalk along Main Street if the front outdoor patio was approved. Specifically, concerns were raised that the resulting five foot sidewalk would not be sufficient to accommodate the amount of pedestrian traffic along Main Street. After discussing the issue with the applicant, the Zoning Administrator continued the item to allow staff the ability to meet at the s~ a and determine the exact dimensions of the outdoor patio and public sidewalk. On October 18 ,staff went to the site and determined that the sidewalk width at this section of Main Street is 12 #eet, measured from the building to the face of the curb. This distance would allow the applicant to provide a six foot wide patio area that is in compliance with handicap accessibility standards and provide a six foot wide public sidewalk, which is the area the Zoning Administrator thought would be sufficient for public use. The applicant will still need to submit an application for an encroachment permit to the Public Works Agency to allow the outdoor patios along Main Street. Request of Applicant Carlos Madriles, owner of the Karmina Restaurant, is requesting approval to amend an approved conditional use permit for a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of beer, wine and distilled spirits within an expanded restaurant. t th t sell alcoholic beverages require a conditional use permit pursuant to Section Establishmen s a 41-196 of the Santa Ana Municipal Code (SAMC). Amendment to CUP No. 2011-07 October 31, 2012 Page 2 Project Location and Site Description The Karmina Restaurant is located within the McFadden Public Market Building, a '10,000 square foot Spanish-style historic building constructed in 1915 and located on the east side of North Main Street, between Fifth Street and Santa Ana Boulevard. The 10,000 square foot building has two stories of 5,000 square feet each and sits on a 6,250 square foot lot. The first floor consists of three restaurant spaces and a large arcade that provides ground floor common areas (seating, restrooms) for the building. Karmina currently occupies one of the approximately 1,200 square foot restaurant spaces. The applicant also uses the entire second floor of the building as a special events venue and banquet hall. The site has no on-site parking but utilizes the public parking garages at the Fiesta Marketplace and at Fifth and Main Streets. The site is surrounded by commercial and office uses to the north, south, east and west (Exhibits 1 and 2). Pro'ect ©escri tion In July 2011, the City approved three conditional use permits for the Karmina Restaurant. Conditional Use Permit No. 2011-D7 allowed a Type 47 Alcoholic Beverage Control (ABC) license within one tenant space of the first flaor, as well as the entire second floor of the building; Conditional Use Permit No. 2011-15 allowed the restaurant to operate until 2:00 a.m.; and Conditional Use Permit No. 2011-16 permitted a banquet facility at the restaurant. Fallowing the granting of these entitlements the applicant revised his business plans resulting in a proposal for a new configuration of the restaurant's serving areas. The applicant is proposing to remodel the graund floor and expand into the two existing tenant spaces, and create two outdoor dining patios, one facing Main Street and the other at the rear of the building facing a parking lot. The applicant is not proposing to make any exterior changes to the building. The restaurant currently accommodates about eight patrons within its 1,200 square foot ground floor tenant space and another 128 patrons within the second floor restaurantlbanquet space. After the expansion, approximately 236 patrons will be able to be accommodated on bath floors of the restaurant and another 22 within the outdoor patios. The on-premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. In order to allow for these expanded alcohol serving areas, Karmina is requesting an amendment to the existing Conditional Use Permit to that previously approved a Type 47 Alcoholic Beverage Control (ABC) license, which allows the on-premise sale of beer, wine and distilled spirits. The storage areas for the alcoholic beverages will be located on both the first and second floors. A 60 square foot storage area will be located within the kitchen area of the first floor. In addition, a 160 square #oot liquor storage room and 63 square foot of storage area behind the bar will be provided on the second floor. The overall storage of alcoholic beverage consists of approximately 283 square feet, which is approximately three percent of the floor area and is less than five percent of the gross floor area of the restaurant (Exhibits 3 and 4). Amendment to CUP No. 2011-07 October 31, 2012 Page 3 Proiiect Background Karmina Restaurant is an independently-owned restaurant specializing in Mexican casual cuisine. This business has been operating at this location since February 2008, Several restaurant tenants have occupied the space over the years; however, none have had an ABC license. With the exception of several special events held in the banquet hall on the second floor, the restaurant has not begun to serve alcohol. Until recently, the restaurant primarily served the area's weekday lunch crowd and operated from 10:00 a.m. until 4:00 p.m. The restaurant has been closed in order to begin construction of the new tenant improvements. When the applicant completes the remodel of the building he plans to operate from 11:00 a.m. until 10:00 p.m. Monday through Thursday, 10:00 a.m. anti{ 2:00 a.m. on Friday and Saturday, and from 9:00 a.m. until midnight on Sunday. General Plan and Zonin Consistenc The General Plan land use designation for the site is District Center (DC}. District Center districts provide highly visible and accessible commercial development within the City's major development areas such as the downtown area and along the City`s arterial transportation corridors. These districts also provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with this General Plan land use designation. The zoning for the site is Specific Development No. 84 (SD-84~fransit Zoning Code). The SD-84 zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning code. Pro'ec~ Anal sis Conditional Use Permit requests are governed by Section 41-638 of the SAMC. Conditianal 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 wi11 contribute to the genera! well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the heal#h, 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. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 far such use. Amendment to CUP No. 2011-07 October 31, 2012 Page 4 • 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 proposed amendment to the conditional use permit, staff believes that the following findings of fact warrant approval of the applicants request to amend the conditional use permit. • The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer, wine and distilled spirits with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food-related amenity. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed license for the an-sale consumption of beer, wine and distilled spirits at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and within regulated outdoor patios and is incidental to the restaurant 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 offer alcoholic beverages for sale to their guests and other visitors. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code and the guidelines established by the Planning Commission for restaurants selling alcohol with their meal. The facility has the kitchen equipment necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than five percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Planning Commission. The proposed use will not adversely affect the General Plan. Policy 2.2 of the band Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana. Amendment to CUP No. 2011-07 October 31, 2012 Page 5 Police Departmen# Anal sis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. Studies have shown that alcohol is a contributing factor in crimes, such as drunk driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in public and other nuisance type of offenses. Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentration will create blight and adversely impact the community. The approval of a license in an area deemed over concentrated and high in crime may affect the quality of life and police resources in the area, and aggravate existing conditions. Since the City's overconcentration standards do not apply to on-sale establishments, the Police Department considered two #actors when reviewing this application, crime rate and sensitive land uses. The Police Department has determined that this establishment is located in an area that is above average in police-related incidents. This site is located within Reporting District No. 186, which ranks 1st out of 102 citywide districts in total number of police-related incidents. 1n terms of land uses, no residences or sensitive land uses were #ound that might be impacted by this action. Since the approvals for the three conditional use permits for the restaurant were granted last year, the Police Department has not received any significant calls far service to the establishment, most likely due to the applicant currently not selling alcohol at the restaurant or operating after hours. However, the Police Department is confident that the conditions imposed on the project will not result in any adverse impacts to the community. Therefore, based on the above average crime rate, the Police Department recommends approval of the CUP provided that the attached conditions are imposed to ensure that this location continues to operate as a bona fide eating establishment and does not aggravate existing conditions or negatively impact adjacent land uses. Public No#ifica#ion The project site is located within the boundaries of the Downtown and Lacy Neighborhood Associations. The presidents of these Neighborhood Associations were notified by mail 10 days prior to this public hearing. In addition, City staff contacted the presidents to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the Neighborhood Association presidents, nor was there a request that the applicant present the project to a meeting of their members. The project site itself 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. Amendment to CUP No. 2011-07 Octaber 31, 2012 Page 6 CEQA Com fiance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15301. The Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Since the alcohol sales for the restaurant will be within the same building footprint, no expansion of the use is proposed. Categorical Exemption Environmental Review No. 2010-141 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Zoning Administrator approve the amendment to Conditional Use Permit No. 2011-07 as conditioned. . _ '~. <~~.i Vincent Fregoso AICP Principal Planner VF:jm vflreportslCfJPICE7Pt1-07 Karmina103112.za Attachments: Exhibit 1 -Vicinity Map Exhibit 2 -Location Map Exhibit 3 -Site Plan Exhibit 4 -Floor Plan SEVENTEENTH t~ L- ~ i,~JL_..1U~~. r~a l._.~ '}~' F1RST ST. Al C~Jff24LAC~FZR7LTt1RAlt CR OJhIM13~ALI~D6+ITIAL fn Fd 9NCiEFAMILYF'E9DBJIIAL NJOFAMILYf~DEi~ ~B FY~F6NGM00€HCAi10N OC C~J4EZ3MtiNfC~ F3 MULl1F1EDBJ9IYMULTIFiE G3`S [)OMMBd7A1.90t1TTiMAIN Mi LKMINPUSfFlAL FAMILYT~3D9VCE C1 OOMMUNINCDMMHd7AL M2 HE4W [NDUSTFdAL Hf 9JBUFi9~SNAF/aHR18VT5 Ct MD CCMM.OOMMH~IAtIMU~R,1 D151PoCF MO MIL3L4Ri0F132A~lONS ~ F~S064T44L~STA7E C2 CBv'9'ALCCMMSi"7AL 0 OPBd3~CE 3i 5~7FlCDLLfl.OFhl8df d CaA C8~tTRAI.9l}9NF~ CS~fTFaAl.EU9NESSAR11ST4lLLACf P pfiUFE550~L4L FCI3 ptkNNB7CCMMUNINDEJ€i0Rr181T ~ S87FiCAAN C4 fSANN~9-IOPRNGC~ Ff~ FLANN~t~.4DBdTIA1 DEL1i0RJ18JT C5 AIZI6dAL00Mtd6mAL AMENDMENT TO CUP 11 -7 ~ KARMINA RESTAURANT ABC LICENSE ~ ~~"°U"'` 515 NORTH MAIN STREET - - =~D~ ,•~_,~ D 1 N G A G E N C Y P t A >d N I... N G A N D e U I L EXH181T 1 VICINITY MAP C H U R C H SANTA ANA F ~" COMMERCIAL F COMMERCIAL C H U R C H 5TH w O } COMMERCIAL I O F F I C£ C H UDR C H C O M M ~ R C I A L C O M M E C I A L PfO]2CI SIt2 COMMERCIAL C 0 M M E R C i A L r- W F- z 4TH C O M ! A L P 0 5 T O F F I C E BOULEVARD F w v~i O F F 1 C E E- W F- STREET P A R K I P! G Z O w t7 x ~ ~ n. ¢] N C O M M E R C I A L STREET AMENDMENTT~ CUP 11-7 '' KARMINA RESTAURANT ABC LICENSE ~~"~ ~~ 515 NORTH MAIN STREET P L A N N I N G A N D S U! L© I N G A G E N C Y LAND U5E MAP EXHIBIT 2 ' r a° i' __~ ~ ~ .. ~. r' ~: ~_ .._ ~..~ ~.._T _ _ , E~ gg e~ ~ ~ r r ~~~ ~~ ~~ ~~~~~ ~ ~ ~ ~~~ s~ z~ ~~ ~ ~ ~ eO 4 i Y ~ ~ Y L 3 n ,. S.F. --I ~ t,j~ #- Y ~-_ {1. S-.N " ~ ~-~ ~~ y~ ~ ~ Yi I wix^J Y! 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The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. On .lone 8, 2011, the Zoning Administrator remanded Conditional Use Permit No. 2011-07 for a Type 47 {on-sale general) Alcoholic Beverage Control (ABC) license to the Planning Commission to be heard jointly with the after-hours and banquet Conditional Use Permit applications. On July 11, 2011, the Planning Commission, after a duly noticed public hearing, approved Conditional Use Permit No. 2011-07 to allow the sales of beer, wine and distilled spirits for the property located at 515 North Main Street. B. The applicant is now requesting approval to amend the approved Conditional Use Permit for a Type 47 Alcoholic Beverage Control (ABC} license to allow the on-premise sale and consumption of beer, wine and distilled spirits within an expanded restaurant. Specifically, the applicant is seeking this amendment in order to serve alcoholic beverages within the entire first floor and within two new outdoor patio areas. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for an-site consumption. D. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to approve a conditional use permit upon making certain findings: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer, wine and distilled spirits Resolution No. 2012-xx Page 1 of 9 with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food-related amenity. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the praposed 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 consumption of beer, wine and distilled spirits at the restaurant will not be detrimental to persons residing ar working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and within two outdoor patio areas and will be incidental 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 proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant #o compete with other restaurants in the area that also offer alcoholic beverages for sale to their patrons. 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 alcohol pursuant to Chapter 41 of the Santa Ana Municipal Cade and the guidelines established by the Planning Commission for restaurants selling alcohol with their meal. The facility has the kitchen equipment necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than five percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Planning Commission. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2012-xx Page 2 of 9 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 goads and services. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15301. The Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use, Since the alcohol sales for the restaurant will be within the same building footprint, no expansion of the use is proposed. Categorical Exemption Environmental Review No. 2010-141 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby, approves the Amendment to Conditional Use Permit No. 2011-07 as conditioned in s~ ,~ Exhibit A attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated October 10, 2012, and exhibits attached thereto, the Request for Zoning Administrator Action dated October 31, 2012, and exhibits attached thereto, and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 31st day of October, 2012. Sergio Klotz Zoning Administrator APPROVED AS TO i=ORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney Resolution No. 2012-xx Page 3 of 9 CERTII=KATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2012-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on October 31 2012. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2012-xx Page 4 of 9 Conditions for Conditional Use Permit No. 20't1-U7 Amendmen# to Conditional Use Permit No. 2011-07 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with ail applicable sections of the Santa Ana Municipal Code, the Califiornia 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 rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with aII 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. Plannin Division All proposed site improvements must conform to the Site Plan Review approval of DP No. 2007-61. 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 relie# is available or the conditional use permit must be amended. 3. The restaurant must be maintained as a bona fide eating establishment. An eating establishment as defined by the Alcoholic Beverage Control Board and the Planning Commission must include the following items: a. One conventional rangeloven b. An automatic dishwasher c. A double sink d. A 25 cubic foot refrigerator e. A four-foot by six-foot food preparation area 4. The alcoholic beverage storage and display area may not exceed five percent of the restaurant`s gross floor area. 5. Should the a licant create a new tenant s ace within the subject buildin the Karmina Restaurant will not be re aired to amend their existin entitlements to reduce the size of their tenant s ace. An subse cent use will need to com I with all a licable re ulations a licable to the use includin all State and Santa Ana Munici al Code SAMC rovisions. (Added by the Zoning Adminisfrator on October ?D, 20?2) Exhibit A Page 1 of 5 Resolution No. 202-xx Page 5 of 9 B. Police Department 1. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. These records are to be kept no less frequently than on a quarterly basis and shall be made available to the City, if requested. 2. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 3. 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. 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{s}. 5. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 6. There shall be no public telephones located on the exterior of the premises. Ail interior pay phones must be designed to allow outgoing calls only, 7. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensees} shall be removed or painted within 24 hours of being applied. $. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. 9. Ambient noiselmusic shall not be audible beyond 20 feet from the exterior of the premises in any direction. 10. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 11:00 a.m. and 2:00 a.m. 11. 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. Exhibit A Page 2 Of 5 Resolution No. 2012_ Page 6 of 9 12. Neither the applican#, 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. 13. 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. 14. 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. This review shall include, at a minimum, an analysis to ensure the quarterly gross sales of alcoholic beverages does not exceed the gross sales of food during the same period. 15. Existing restaurant and required parking within 60 feet must conform to the provisions of Chapter 8, Article Il, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, doarlwindow locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 16. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, Police Department Condition No, 15 must be complied with. 17. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 18. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 19. Window displays and racks must be kept to a maximum height of three feet including merchandise. 20. Atimed-access cash controller or drop safe must be installed. 21. Install a silent armed robbery alarm. 22. At ail times, that dancing andlor entertainment is being conducted, the applicant shall employ a minimum of one uniformed, licensed security guard for every '! 00 persons in attendance per event, for keeping the peace. Mandated security officers will be required to use a radio frequency and communication equipment that is specified by the Police Department. Guards will be required to provide escort service to patrons of the establishment if requested. Mandated security guards will be required to participate in mutual aid activities with the Police Department and other guard companies in the downtown area, participate in mutual aid communications and information sharing meetings. Exhibit A Page 3 of 5 Ftesofution No. 2012-xx Page 7 of 9 23. An incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate date, time, description of incident, and action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. 24. The Police Department will require State licensed security guards to perform crowd control inside and outside of the establishment, based upon the type of activities anticipated at the location or based upon prior history of activity at this establishment or other similar businesses 25. Security personnel required by the conditional use permit issued for the licensed premises shall be in a uniform ar clothing which is readily identifiable as a security person. They shall maintain order and enforce the establishment's no loitering policy, and shall take "reasonable steps" (as that term is defined in subparagraph (3) of Section 24200 of the California Business and Professions Code) to correct objectionable conditions that constitute a nuisance. 26. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual addressing at a minimum the fallowing items: Handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting or arguing; handling loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s); verifying agelchecking identification of patrons; warning patrons of reaching their drinking limitlpotential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity. 27. Applicant must at all times comply with the provisions of SAMC 41-199.1, including subsection (c) which requires that State licensed security guards be present at all times that the premises is being used as a banquet facility. 28. The facility must at all times operate in compliance with the provisions of the Santa Ana Municipal code (SAMC). This will include the prohibition of a cover charge to enter the facility, a night club use and public dancing, except as allowed pursuant to Chapter 11 of SAMC. Exhibit A Page 4 of 5 Resolution Na. 2©12-xx Page 8 of 9 29. There shall be no fixed bar or loon a area u on the remises maintained for the sole ur ose of sales service or consum tion of alcoholic bevera es direct) to atrons. Alcohol sales at the food counter shall be in con'unction with food service at all times. (Added by the Zoning Administrator on October 90, 2092} Exhibit A Page 5 of 5 Resolution No. 2012-xx Page 9 of 9