Loading...
HomeMy WebLinkAbout31B - CUP - ESPORTS ARENAREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 117,20`14 TITLE: CONDITIONAL USE PERMIT NO. 2014-11 TO ALLOW AFTER HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2014- 12 TO ALLOW INDOOR COMMERCIAL RECREATION AT ESPORTS ARENA LOCATED AT 120 WEST FIFTH STREET - TRAVIS HACKETT, APPLICANT C� CITY MANAGOR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -11 as conditioned and Conditional Use Permit No. 2014 -12 as conditioned. PLANNING COMMISSION ACTION On May 27, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -11 as conditioned to allow after -hours operation and Conditional Use Permit No. 2014 -12 as conditioned to allow indoor commercial recreation by a vote of 7:0 for the eSports Arena computer gaming and spectator facility located at 120 West Fifth Street in the Transit/ Downtown (SD84) zoning district. The Planning Commission modified Condition No. 2 for CUP No. 2014 -11 to include a closing time of 2:00 a.m. as indicated in the attached staff report (Exhibit A). DISCUSSION Travis Hackett, representing Jack Jakosky of Ramona Building LLC, is requesting approvals for eSports Arena, a large -scale computer gaming and spectator facility that proposes to occupy the ground and mezzanine levels of the Ramona Building. These levels will be configured with computer game terminals and spectator seating, while also containing a control desk/welcome area, storage space, restrooms, a retail area for computer accessories, a vending machine and concession area, and a large, raised stage area with computer gaming terminals. No expansion of square footage or modification to the exterior of the historic structure is proposed. The facility and the after -hours operations require approval of respective conditional use permits. Full sized plans are available for public viewing in the Clerk of the Council Office. 31 B -1 CUP Nos. 2014 -11 & 2014 -12 June 17, 2014 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Y-OA .w L4a=- � Karen Haluza Interim Executive Director Planning & Building Agency AP:rb apVepoft%taff Reports for CC\CUP14 -f 1 &12 eSPorta AMa.M Exhibit: A. Planning Commission Staff Report 31 B -2 REQUEST FOR Planning Commission Action PLANNING MAY 27, 2014 TITLE: MEETING DATE: PUBLIC HEARING — FILED BY TRAVIS HACKETT FOR CONDITIONAL USE PERMIT NO. 2014 -11 TO ALLOW AFTER HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2014 -12 TO ALLOW INDOOR COMMERCIAL RECREATION AT ESPORTS ARENA LOCATED AT 120 WEST FIFTH STREET Prepared by All Pezeshkpour __ _ _ Interim Executive DiDi ct PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting Plann ng Manager RECOMMENDED ACTIONS 1. Adopt a resolution approving Conditional Use Permit No. 2014 -11 as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2014 -12 as conditioned. Request of Applicant Travis Hackett, representing Jack Jakosky of Ramona Building LLC, is requesting approval of a conditional use permit (CUP) to allow the operation of a large -scale computer game and spectator facility known as eSports Arena at 120 West Fifth Street. In addition, the applicant is requesting approval of a separate CUP that would allow the facility to operate until 2:00 a.m. Establishments that provide indoor commercial recreation and that operate between 12:00 midnight and 7:00 a.m. require respective conditional use permits pursuant to the Transit Zoning Code (SD- 84 /Section 41 -2007) of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description The applicant is in the process of obtaining necessary permits for tenant improvements to operate the eSports Arena computer game and spectator facility within the historic Ramona Building, an existing multi - level, 35,000- square foot structure that contains a basement, ground floor, partial mezzanine, and second floor, located at the southeast comer of Sycamore Street and Fifth Street. These improvements will result in the tenant occupying just under 13,000 square feet distributed between the entirety of the ground floor of the building and the mezzanine level. The remaining levels of the building, including the basement and the top floor, are currently vacant and are proposed to accommodate other uses in the future. Parking is provided in an adjacent seven -story public parking structure, as well as in other structures, surface parking lots, and metered street parking throughout Downtown. The site is surrounded by the historic Masonic Temple Building (Church of Scientology of Orange County) to the north, a commercial parking structure to the east, the historic Rohrs Building (commercial uses) to the south, and a commercial parking lot to the west (Exhibits 1, 2 and 3). EXHIBIT A 31 B -3 CUP Nos. 2014 -11 & 2014 -12 May 27, 2014 Page 2 The proposed use will occupy a significant portion of the Ramona Building, located in the Downtown National Register District. Constructed in 1922, the building is individually listed on the Santa Register of Historical Properties as "Key' due to its distinctive architectural style and quality and is characteristic of a significant period in the history of the City of Santa Ana and is a contributor on the National Register and California Register. Lastly, this property has a fagade easement with Ramona Limited Partnership and the Anaheim Historical Society that will preserve its historical character. No exterior fagade changes, other than signage, are proposed at this time. Project Description eSports Arena proposes to occupy the ground and mezzanine levels of the Ramona Building with a computer game and spectator facility. The total square footage of both levels is 12,663. The building has traditionally contained a mixture of commercial uses, including retail, office, and a banquet hall. These uses have vacated in conjunction with tenant improvements proposed within the building, the most significant of which will remove approximately 5,165 square feet of the mezzanine level, leaving 2,624 square feet of mezzanine level for computer game terminals and spectator seating during arena -style events. The ground floor, containing 10,039 square feet, will be configured in a similar fashion with computer game terminals and spectator seating, while also containing a control desk/welcome area, storage space, restrooms, a retail area for computer accessories, a vending machine and concession area, and a large, raised stage area with computer gaming terminals (Exhibits 4 and 5). The proposed computer gaming and spectator facility requires approval of a conditional use permit. The proposed operations of eSports Arena are divided into two operational styles: computer gaming (typical day) and spectator /arena (event day). Typical day operations will contain a mixture of gaming stations and seats, for a total capacity of 226. This operational style will allow patrons, who subscribe on a membership basis, to access computer game terminals to take part in a variety of computer games, playing for skill or competing individually or in groups against players across the globe. While this style will focus primarily on individual computer stations, a seating area on the ground floor near the front stage will allow patrons to observe others who are playing near the stage area. During event day configurations, 518 seats will be provided on the ground and mezzanine levels for spectator or arena -style viewing. Ten computer gaming stations will be provided on the ground floor stage. These events will allow patrons to view players competing against one another or against players from across the globe, similar to a traditional sports arena. Event day configurations are proposed 10 to 15 times per year. The facility proposes to operate from 12:00 noon to 12:00 midnight seven days per week during times when the facility is configured for computer gaming. The applicant will also utilize age restrictions to ensure that the facility remains in compliance with local curfew laws. These laws allow minors to access the site between 3:00 p.m. and 10:00 p.m. Monday through Friday of each 31 B -4 CUP Nos. 2014 -11 & 2014 -12 May 27, 2014 Page 3 week as well as Saturday and Sunday before 10:00 p.m. Vacation days and school holidays are exempted from the curfew law's restrictions, as are minors accompanied by a parent or legal guardian. In addition to its normal operations, eSports Arena also proposes to operate until 2:00 a.m. during times when the interior of the facility will be configured for spectator or arena -style events. Per SAMC Section 41 -2007, any use operating past 12:00 midnight requires a separate conditional use permit. Anticipated occupancies for the use vary. The operator anticipates weekday occupancy of approximately 60 during the typical day computer gaming facility configuration. This number is expected to increase to 100 in the afternoons when the facility is configured for both computer gaming and spectator viewing, and 200 during such configurations on the weekends. During the 10 to 15 times per year when event day arena -style configurations are proposed, the operator anticipates providing seating capacity of over 500 while maintaining strict compliance with posted maximum occupancies and applicable building and fire codes (Exhibit 6). The applicant proposes a number of measures to ensure that eSports Arena remains secure and compliant with curfew laws and established occupancy limits. The facility will be staffed with employees during all times, including after operations cease, to safeguard the security of persons and property on the site. Additional staffing will be provided through a third -party security company during event day configurations. Computers will be controlled through eSports Arena's local area network (LAN), which will control the contents that are accessible on each computer gaming station and will monitor use. Content will be limited to computer gaming platforms, minimizing the risk that the machines will be used for access to websites beyond those approved for the purposes of computer gaming and competitions; access to Internet browsers and /or search engines will be limited. These measures are intended to prevent patrons from utilizing eSports Arena's services for more common internet cafe purposes. Finally, the premises will be monitored internally by a network administrator who will ensure that patrons remain in compliance with these measures. A closed- circuit camera system will provide additional security. Protect Background Skill -based computer games that utilize local networks or broader intemet access have grown in popularity in recent years as traditional computer game software producers transition away from traditional, individual games on home computers. Currently, competitors who play skill -based computer games do so from home through a home intemet connection or at smaller -scale cyber cafes that offer access to such games as well as the broader intemet, websites, and games. As the popularity of such games has grown, competition events have taken place within the confines of small cyber cafes, which are often not built or appropriately regulated to accommodate these uses. Larger competitions have often involved the renting of large convention centers, such as those in Los Angeles, Anaheim, or San Francisco, as well as across the United States and rest of the world. 31 B -5 CUP Nos. 2014 -11 & 2014 -12 May 27, 2014 Page 4 Between these small -scale cyber cafes and the regional convention centers, the applicants have identified a niche market for a mid -size venue dedicated to computer gaming and spectator viewing. This market extends beyond a traditional cyber cafe, restricting broader access to the general contents of the internet and typical computer services for downloading, printing, etc. Further, this mid -size proposal eliminates the need for reserving superregional convention centers on a regular basis, competing with other trade shows, traditional sports, concerts, and conventions. The improvements proposed by the eSports Arena within the Ramona Building will dedicate the ground and mezzanine levels to high - technology and computer -based hardware, keeping the building flexible for a variety of configurations required for computer gaming. Since its completion in the early 1920s, the Ramona Building has contained a variety of uses. Early occupants included Remington Typewriters, Federal Finance, W. C. Natty Dry Goods, Shafer Music Company, and the Irvine Company. A fire damaged significant portions of the building in 1984, the same year it was listed in the National Register of Historic Places as a contributor to the Downtown Historic District. As part of its rehabilitation, an interior mezzanine level containing 7,865 square feet was added and retail and commercial uses subsequently located within. The next year, the Ramona Limited Partnership and the Anaheim Historical Society recorded an easement to preserve the historic fagade of the building, renowned as an example of Italian Renaissance Revival architecture characteristic of many commercial buildings in Downtown Santa Ana. The Ramona Building was recently purchased by Jack Jakosky of Ramona Building LLC, who has also acquired several other prominent buildings in the Downtown area. Recently - completed tenant improvements within the Ramona Building have resulted in the building's preparation for a variety of new tenants, including the eSports Arena and anticipated creative offices on the top level. The prior banquet use in the basement has also ceased operations and vacated; the property owner is exploring a variety of potential, separate uses for that level. Tenant improvements have been within compliance with all regulations meant to protect the historic elements of the Ramona Building and will not affect any character - defining features of the building, such as exterior finishes, the parapet, bay divisions articulated by piers and fenestration meant to resemble multiple storefronts, and ornamental features. General Plan and Zonina 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. The Downtown District portion of the District Center serves as one of the County's major employment and governmental operations centers complemented with a mix of residential, commercial, and services uses to enhance its urban vibrancy. The project site and eSports Arena are consistent with this General Plan land use designation. RIUM CUP Nos. 2014 -11 & 2014 -12 May 27, 2014 Page 5 The parcel is located within the Transit Zoning Code (SD -84) zoning district in the Downtown (DT) sub -zone. The SD -84 zoning district allows for retail and service uses such as indoor commercial recreation facilities, making eSports Arena's 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 will not adversely 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 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 these conditional use permit requests, staff believes that the following findings of fact warrant approval of the conditional use permits. After -Hours Operations (CUP No. 2014 -11) The proposed after -hours conditional use permit will allow the proposed eSports Arena to remain economically viable, to enhance the surrounding business community, and to attract patrons, thus enhancing the overall service and client experience. The proposed use's location in a predominantly commercial area surrounded by offices, retail stores, service uses, and restaurants minimizes the possibility of concerns that are typically associated with after -hours operations where there is potential for noise or safety impacts to residential uses. Conditions of approval have been placed upon the use in order to mitigate these potential concerns. The following findings support the recommendation of approval for after -hours operations. 31 B -7 CUP Nos. 2014 -11 & 2014 -12 May 27, 2014 Page 6 • The proposed after -hours operations will provide an ancillary service to adults wishing to patronize the facility past 12:00 midnight and will enhance the facility's economic viability by allowing it to offer services that compete with other similar facilities where patrons currently take part in similar events. After -hours operations are an integral component of the tenant's business model, allowing its patrons to compete against players in other time zones across the globe. Moreover, the proposed hours of operation are consistent with those of many entertainment and dining venues in Downtown, contributing to the overall vitality of Downtown Santa Ana. Conditions have been placed on this operation to mitigate any potential problems created by the after -hours operation to ensure that service past midnight will not negatively impact the surrounding community, such as requiring the establishment to maintain on- premise security staff, provide security technology, and comply with the City's curfew laws. Further, measures will be taken to limit amplified sound to within the building past midnight. • The proposed after -hours operations will not be detrimental to those living or working in the area because conditions have been placed to mitigate any negative impacts on the community. These conditions are consistent with other establishments of a similar nature that have similar hours of operation and similar operational conditions. Further, the building's location along the Fifth Street commercial corridor mitigates several possible impacts from late -night operations as the site is located away from sensitive residential uses and is surrounded by other commercial uses and public facilities. Finally, the establishment will remain in compliance with the Citys curfew laws, and the operators will utilize age - verification means to ensure that minors are not present during times that conflict current laws. • The project site is situated along a commercial corridor that is appropriate for the proposed commercial use. The establishment of this venue within a vacant tenant space promotes a balance of land uses that enhances the City's economic and fiscal viability. Providing a variety of land uses in the area strengthens the economic base of the City and the Downtown area and affects the economic stability of the area in a positive manner. By providing this service, the facility will also be able to attract patrons during event day /arena -style configurations, further enhancing its economic viability. The proposed use complements the existing mix of uses in the Downtown area, providing an additional opportunity for recreation in the City while allowing the patrons at the facility to support other businesses in the immediate vicinity, such as retail stores, service uses, and restaurants. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an establishment that offers after -hours operations to members of the public pursuant to Chapter 41 of the Santa Ana Municipal Code and the Transit Zoning Code (SD84) zoning provisions. The establishment will contain the necessary equipment to ensure the security of patrons and compliance with State and local laws for curfew, prevention of illegal gaming, noise abatement, and other potential impacts. RITWOO CUP Nos. 2014 -11 & 2014 -12 May 27, 2014 Page 7 • The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of uses in Downtown with extended hours of operation offers additional commercial activity options for Santa Ana residents and visitors. The granting of this conditional use permit also contributes to the development of Downtown Santa Ana as a regional destination. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The Ramona Building has undergone a significant amount of rehabilitation in anticipation of the proposed use. eSports Arena's tenancy will help ensure the long -term maintenance of the building, which contains "Key' status on the local register of historic buildings. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval have been placed on this conditional use permit and the proposed conditional use permit for indoor commercial recreation that will maintain a safe and attractive environment in Downtown Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed facility will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. Indoor Commercial Recreation (CUP No. 2014 -12} The proposed indoor commercial recreation conditional use permit will allow the tenant, eSports Arena, to operate as a computer gaming facility with arena -style spectator events on occasion. The tenant intends to charge a membership fee for individuals and /or groups who wish to patronize the facility on a regular basis. Moreover, spectators will be charged a fee for admission during arena - style special events. Conditions of approval have been placed upon the use in order to mitigate potential concerns or impacts that arise from operating a computer gaming and spectator facility. The following findings support the recommendation of approval for the indoor commercial recreation conditional use permit. • The proposed indoor commercial recreation venue will provide a service to the community by allowing an additional recreational use within the City and by adding a use to Downtown that will complement the existing commercial uses, such as retail and dining, within the vicinity. The computer gaming and spectator facility has the potential to draw clientele from local areas as well as from afar, enhancing the commercial base of downtown and enhancing the viability of other commercial uses in the area. Conditions of approval will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The eSports Arena facility will offer a range of services that includes computer gaming over a secure local area network, spectator /arena -style events, and a retail component. This unique use will contribute to the diversification of the range of goods and services available to the Downtown and Citywide patrons. 31 B -9 CUP Nos. 2014 -11 & 2014 -12 May 27, 2014 Page 8 • The proposed conditional use permit for a computer gaming and spectator facility at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the use that will mitigate any potential negative or adverse impacts created by the typical and event day configurations. The tenant, eSports Arena, will maintain the technology, procedures, and staffing required in order to ensure that the facility remains compliant with local and State laws. In addition, the use will occur within the interior of the premises, with no outdoor operations proposed at the location. Staff and security personnel will maintain the area's order, preventing impacts to adjacent sidewalks or streets from pedestrian activity or vehicular circulation. The tenancy of the Ramona Building, located on one of Downtown's most important corridors, will enhance the safety of the immediate vicinity by reducing vacancy at the site and bringing more activity to the area, thereby enhancing security in the surrounding area. • The proposed use will not adversely affect the economic stability of the area but will instead allow the facility to operate, thereby reducing the vacancy rate in the Ramona Building and creating the possibility for patrons to support other local, complementing uses such as retail stores, service uses, or restaurants. The tenant suites in which eSports Arena is proposed have undergone significant investment in order to modernize the building in preparation for a high - technology use such as eSports Arena. The conditional use permit will allow eSports Arena to operate, enhancing the economic viability of the Ramona Building, and contributes to the overall success of Santa Ana's Downtown by reducing vacancies, promoting the success of a local business, and allowing the facility's patrons the ability to support other local businesses. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a computer gaming and spectator facility pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be primarily maintained as a computer gaming facility, with technology and staff available to ensure that the use remain in compliance with the City's curfew laws and with the standards in place for venues that offer computers for skill - based gaming for use to the general public. • The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a venue that offers computer gaming and an arena for special events offers additional recreation options for Santa Ana residents and visitors. The granting of this conditional use permit also contributes to the development of Downtown Santa Ana as a regional destination. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The Ramona Building has undergone a significant amount of rehabilitation in anticipation of the project, with additional improvements intended to restore the building to its original nature. The tenancy of eSports Arena within the Ramona Building will help ensure 31 B -10 CUP Nos. 2014 -11 & 2014 -12 May 27, 2014 Page 9 the long -term maintenance of the historic building, which contains "Key' status on the local register of historic buildings. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval have been placed on the proposed computer gaming and spectator facility that will maintain a safe and attractive environment in Downtown Santa Ana. Complementing this, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The facility will be located in a commercial area and its operations will complement and will be compatible with the surrounding commercial businesses. Finally, Goal 2 of the Economic Development Element supports maintaining and enhancing the diversity of the City's economic base. The proposed use supports Policy 2.1 of this Element, creating the potential for a high - growth business cluster that could attract high - technology businesses and vendors to the project's vicinity, and Policy 2.3, encouraging the development of mutually beneficial and supportive business clusters. The proposed computer gaming and spectator facility will attract patrons who may continue to support other commercial services in Downtown Santa Ana's thriving retail, service, and restaurant areas. Public Notification The project is located within the boundaries of the Downtown Neighborhood Association. Staff contacted the presidents of the Downtown and the nearby Lacy Neighborhood Associations to ensure that they were notified of this project and to identify any areas of concern. The project site was also 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 and tenants within 500 feet of the project site. At the time of this printing, no correspondence, by phone, written, or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operation, repair, maintenance, permitting, or leasing of existing structures. The project proposes to operate a computer gaming and spectator facility tenant within an existing structure. The Ramona Building's interior square footage is proposed for reduction by elimination of a portion of the interior mezzanine level. In addition, the structure is already served by municipal services, such as roadways, utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2013 -100 will be filed for this project, 31 B -11 CUP Nos. 2014 -11 & 2014 -12 May 27, 2014 Page 10 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -11 and Conditional Use Permit No. 2014 -12 as conditioned. �� k - Ali Pezeshkpour Assistant Planner I AP:jm apkeportslStaff Reports for PCICUPI4 -11812 eSports Arena.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plans (5) Exhibit 6 — Operational Plan 31 B -12 SeANTEENIH A f CI t f CI Cl Cl p ss m �~ ecC A:. t ._.. il� CS CS SP3 ys N n n 3 - SP 3 SPA }. * n is w. wv wv SP � 0 RI R m FEEH u RI m n n N 0 is a A Tj R3 R3 0 N: '�' RI RI R1 Inp wP R7. s �I SP -3 SPJ n n ov �3 k e I RE RE vi r P R1 Sj SP.3 Ri RT R7 ei Rt P2 P R2 fl.1 SR3 I na« SD SPA R2 I¢ Rz P 75 R1 a N RY I SP.3 Sj SP.3 _ e n et P F SP3 P P P SP3 SPd SP -3 P SP -7 '� 1 9 0 �o so-n SD -20 P _.— OACmnOrR r •r • SPA _ m IY'• U u GC GC GC le N uRP � GC LYa GC ■ UC 07 E m m m UN2 y UN2 X ■ GC uc I DT 0T OT DT DT UN2 UN2 P ® ®� ✓I ,(F UN] Lr�yJ� DT P P P nu 5 P m os T UNl gR p DT OT DT DT UNl SD 13 SL2 ¢ j0' or - DT �� b e 50.1 � UC uc m uc Vc UC CDR 5L nn n r1 r�r1 RR r1 Al GENERALAGRIWLTURALi DT DOWNTOWN R2 MGFWURE51MNU A PARICIWMWFIC ION -F F=RA ARARO R3 MULTINFfAMILYRFSIDENCE CAM C ERGALSIXITIMAIN GC CAVEWaMENTcE R4 SUBURBANAFARTMEN CI COMMUNITYCOMMERGAL MI UGHTNWSTRIAL RE RESIDENTIAL ESTATE CI -MD COMM.COMMEAC. USEUMDSTRKT M2 RBAWNWSTRIA 50 SPECIFICDEVELWMENT C2 GEN LCOMMERGAL 0 OPEN SPACE SP SPEGRCPIAN C4 PLANNEDSHOPPINGCEHTER P PROFESSK I L TV TRANVTVRIA CS ARTERIAL CP MERCML m P NWRESID TIALOEVELOPMENT UC UPBAN CWER MR CORRIDOR RI SING FAfMLY RESIDENCE UFLI URBAN WIGHBORHOODI CR COMMERCIALRESILN"AL UN -2 URBAN NEIGN RF 2 CUP 2014 -11 & 12 ESPORTS ARENA " 120 WEST FIFTH STREET - -= 500FffT 1" a TODD FEET 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 EXHIBIT 1 VICINITY MAP 31 B -13 COURTHOUSE SANTA ANA' lul BOULEVARD PARKING GARAGE r4ro1yilu' GOVERNMENT 1016m } 3 O O co COMMERCIAL 5TH W W F N J Q U w J Q U w i- W W C ~ Ln o O v u W K 0 u } I COMMERCIAL I STREET CIAL 4TH STREET C M ERCIAL 0 IAL M E 1 Z i PARKING g ¢ ERCIAL GARAGE 0 3RD STREET n n nn F-T--1 CUP 2014 -11 & 12 ESPORTS ARENA t 120 WEST FIFTH 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 31B-14 CUP 2014 -11 & 12 RAMONA BUILDING ESPORTS ARENA 120 WEST FIFTH STREET SITE PHOTO EXHIBIT 3 31 B -15 N m z 0 m 6 Z Q V O N_ 2 i T �fp Y EB [Q i gv� ��Z"Q�s Lm s lomw ............ q i m g CL C EXHIBIT 4 31 B -16 ti V 6I 2 � <Ai Q Z 2 O J •• U ce Z z y E � F • N 3 0 r N w F �odo F. Lu o v HIM Q� P �fp Y EB [Q g CL C EXHIBIT 4 31 B -16 ti V 6I 2 � <Ai Q Z 2 O J •• U ce Z z y E � F • N 3 0 r N w F �odo F. Lu o v HIM Q� P x a pF $E�gC S I miS ll i fill 01111{ EXHIBIT 5 Page 1 of 5 31 B -17 Q z O LL J Q U Q Z Q Q Q y W 5 H V! S (L LL O N CC am m QO �t jA 1 L [e LL =E� _S h .0 Q z O LL J Q U Q Z Q Q Q y W 5 H V! S (L LL O N CC am m a E a � a c a Page 2 of 5 31 B -18 az 02 J Q Q tI JNy.I }U F � UF4 [b P KF siF .1; �—A Z O J Q U 4 Z Q Q F Z QCQ U W H N 2 tz iL 3 0 N r W H dF� u T CL H� d � _ eco N� Ym�e�o m nafto nano o a o E't F 0 0 0 (ei � F n I � Fe: I a Page 2 of 5 31 B -18 az 02 J Q Q tI JNy.I }U F � UF4 [b P KF siF .1; �—A Z O J Q U 4 Z Q Q F Z QCQ U W H N 2 tz iL 3 0 N r W H dF� u T CL H� d � _ eco N� Ym�e�o m E Page 3 of 5 31 B -19 00 ~ LL W ♦— ajUp K m :Sn �e Q z 0 J Q U Q Z Q ~Q Z Q h W p= F y S O N cn W F— W Q� CFm p L N gm C }V<C YDmO C) Q m �� a s �W Page 4 of 5 31 B -20 Q z oz z WW Wm irk! I I .E. Q Z OG 0 a U Q Z a a ari or w N y 3 0 N T W 8� Ohm dycai Y ,m yaF- m roil Em f s D n n fvi x 0 IRE Fk! Page 4 of 5 31 B -20 Q z oz z WW Wm irk! I I .E. Q Z OG 0 a U Q Z a a ari or w N y 3 0 N T W 8� Ohm dycai Y ,m yaF- m I { 11111 e f f f f f, f , f ® { Y y f p y ip[ 9tl KE iu p { r Ems{ J a M {t 1I E� e Page 5 of 5 31 B -21 $�9�5 n qq 8 HIS J W? J �I O 0 W cm z U W co 0 Z z W cn Z W O] n. W z 0 w cn RN 0 W Z W 2 W N Q m JSP : {a �i� 1q�q� @R r6 Q z Er 0 J Q U Q Z Q Q w N W W H W O _a Qy6 N�O yD {� poem b eSports Arena Preliminary Operational Plan Who are the customers for eSports Arena? eSports Arena has three main uses: • The primary use is of a public "arena" events center starting every weekday at 6PM and three weekends per month starting at noon. This use is open to the public and gaming stations will be available for use on a first come first serve basis. Individuals or groups will be able to rent out gaming stations for use on an hourly basis. An individual will be able to access and play games on our LAN (Local Area Network) against other individuals on the premises or against remote players via our high speed internet connection. We will offer groups of customers the opportunity to set up and engage in multi - player games between their friends on premises through the LAN or play as group against remote players via the internet connection. Anticipated occupancy: 100 people weekdays, 200 people weekends • From noon until 6PM on weekdays the arena will be used as a membership based gaming center. This use will provide the same gaming access as above, but require a membership to access the premises during these weekday hours. Memberships will be sold in a similar fashion to a gym membership providing unlimited access for a predetermined amount of time (week, month, year etc...). Anticipated occupancy: 60 people • The arena will be used on occasion as a venue for the rollout of a new game or a higher profile competition. This is anticipated 10 -15 times per year and is reflected in the "Event Day" seating layout provided with the floor plans. • The space will incorporate a retail area that sells computers, gaming consoles and related merchandise and a vending area for the sale of prepackaged food items such as water and snacks for customers. There will not be a kitchen area as no food will be prepared on site. Anticipated Attendance: Arena Use Weekends: 200 Weekdays: 100 Membership Gaming Center Weekdays: 60 EXHIBIT 6 Pagel of 3 31 B -22 Venue Use Occasional event specific use, occupancy will vary based on event and will honor the maximum occupancy criteria as determined by the City. Typical Week What are the staffing requirements? The arena will be staffed with at least 6 employees during all business hours. There will be a check in desk at the main entrance, an employee in the retail area, one floor employee managing customers, a LAN administrator, and two techs setting up equipment and troubleshooting any issues. Additional staff and security will be on hand during events or peak hours as necessary. What equipment is being used? The arena will provide access to gaming specific computers and gaming platforms such as PlayStation and Xbox as well as games for those platforms. What are the internal controls on computers? Every machine accessible to the public will be controlled through eSports Arena's LAN. This LAN will control what is accessible on each gaming station and monitor use. These computers are being set up as single purpose gaming platforms and there will be no access from the public computers to anything besides the gaming platforms, ensuring that the content being accesses is properly vetted, legal and in good taste. This access control ensures that no customers will have unfettered access to a web browser or other search engine and preclude this establishment from having any of the content issues that can arise in an "internet caf6" setting where people are purchasing access to an open computer. Additionally, the LAN administrator will have constant supervision of the establishment stations from the central server, removing the need for someone to walk around the arena constantly monitoring the screens. Page 2 of 31 B -23 Monday Tuesday Wednesday Thursday Friday Saturday Sunda Before Gaming Gaming Gaming Gaming Gaming 'Arena' `Arena' 6PM Center (60) Center (60) Center (60) Center (60) Center (60) (150) (150) After 'Arena'(100) 'Arena' (100) 'Arena' (100) 'Arena'(I00) 'Arena'(100) 'Arena' 'Arena' 6PM (200) (200) What are the staffing requirements? The arena will be staffed with at least 6 employees during all business hours. There will be a check in desk at the main entrance, an employee in the retail area, one floor employee managing customers, a LAN administrator, and two techs setting up equipment and troubleshooting any issues. Additional staff and security will be on hand during events or peak hours as necessary. What equipment is being used? The arena will provide access to gaming specific computers and gaming platforms such as PlayStation and Xbox as well as games for those platforms. What are the internal controls on computers? Every machine accessible to the public will be controlled through eSports Arena's LAN. This LAN will control what is accessible on each gaming station and monitor use. These computers are being set up as single purpose gaming platforms and there will be no access from the public computers to anything besides the gaming platforms, ensuring that the content being accesses is properly vetted, legal and in good taste. This access control ensures that no customers will have unfettered access to a web browser or other search engine and preclude this establishment from having any of the content issues that can arise in an "internet caf6" setting where people are purchasing access to an open computer. Additionally, the LAN administrator will have constant supervision of the establishment stations from the central server, removing the need for someone to walk around the arena constantly monitoring the screens. Page 2 of 31 B -23 What security measures will be in place? The premises will be monitored via a closed circuit camera system at all times and incorporate an alarm system to secure the arena after hours. During peak hours, or during an event, a third party security company will be hired to maintain a security presence. Where is Parking? A public parking structure is located immediately adjacent to eSports arena. As the parking is on the same side of the street, pedestrian safety is enhanced. Page 3 of 3 31 B -24 ROH - 05/27/14 RESOLUTION NO. 2014 -17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2014 -11 AS CONDITIONED TO ALLOW AFTER -HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2014-12 AS CONDITIONED TO ALLOW INDOOR COMMERCIAL RECREATION FOR THE PROPERTY LOCATED AT 120 WEST FIFTH STREET 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. 2014 -11 to allow after -hours operations and Conditional Use Permit No. 2014 -12 to allow indoor commercial recreation for the property located at 120 West Fifth Street. 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 establishments that provide indoor commercial recreation. C. On May 27, 2014, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -11 and Conditional Use Permit No. 2014 -12. 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. 2014 -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 -hours operations will provide an ancillary service to adults wishing to patronize the facility past 12:00 midnight and will enhance the facility's economic viability by allowing it to offer services that compete with other similar facilities where patrons currently take part in similar events. After -hours operations are an integral component of the tenant's business model, allowing its patrons to compete Resolution No. 2014 -17 Page 1 of 13 31 B -25 against players in other time zones across the globe. Moreover, the proposed hours of operation are consistent with those of many entertainment and dining venues in Downtown, contributing to the overall vitality of Downtown Santa Ana. Conditions have been placed on this operation to mitigate any potential problems created by the after -hours operation to ensure that service past midnight will not negatively impact the surrounding community, such as requiring the establishment to maintain on- premise security staff, provide security technology, and comply with the City's curfew laws. Further, measures will be taken to limit amplified sound to within the building past midnight. 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 after -hours operations will not be detrimental to those living or working in the area because conditions have been placed to mitigate any negative impacts on the community. These conditions are consistent with other establishments of a similar nature that have similar hours of operation and similar operational conditions. Further, the building's location along the Fifth Street commercial corridor mitigates several possible impacts from late -night operations as the site is located away from sensitive residential uses and is surrounded by other commercial uses and public facilities. Finally, the establishment will remain in compliance with the City's curfew laws, and the operators will utilize age - verification means to ensure that minors are not present during times that conflict current laws. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project site is situated along a commercial corridor that is appropriate for the proposed commercial use. The establishment of this venue within a vacant tenant space promotes a balance of land uses that enhances the City's economic and fiscal viability. Providing a variety of land uses in the area strengthens the economic base of the City and the Downtown area and affects the economic stability of the area in a positive manner. By providing this service, the facility will also be able to attract patrons during event day /arena -style configurations, further enhancing its economic viability. The proposed use complements the existing mix of uses in the Downtown area, providing an additional opportunity for recreation in the City while allowing Resolution No. 2014 -17 Page 2 of 13 31 B -26 the patrons at the facility to support other businesses in the immediate vicinity, such as retail stores, service uses, and restaurants. 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 an establishment that offers after -hours operations to members of the public pursuant to Chapter 41 of the Santa Ana Municipal Code and the Transit Zoning Code (SD84) zoning provisions. The establishment will contain the necessary equipment to ensure the security of patrons and compliance with State and local laws for curfew, prevention of illegal gaming, noise abatement, and other potential impacts. 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. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of uses in Downtown with extended hours of operation offers additional commercial activity options for Santa Ana residents and visitors. The granting of this conditional use permit also contributes to the development of Downtown Santa Ana as a regional destination. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The Ramona Building has undergone a significant amount of rehabilitation in anticipation of the proposed use. eSports Arena's tenancy will help ensure the long -term maintenance of the building, which contains "Key' status on the local register of historic buildings. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval have been placed on this conditional use permit and the proposed conditional use permit for indoor commercial recreation that will maintain a safe and attractive environment in Downtown Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed facility will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. Resolution No. 2014 -17 Page 3 of 13 31 B -27 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. 2014 -12 to allow for indoor commercial recreation: 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 indoor commercial recreation venue will provide a service to the community by allowing an additional recreational use within the City and by adding a use to Downtown that will complement the existing commercial uses, such as retail and dining, within the vicinity. The computer gaming and spectator facility has the potential to draw clientele from local areas as well as from afar, enhancing the commercial base of downtown and enhancing the viability of other commercial uses in the area. Conditions of approval will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The eSports Arena facility will offer a range of services that includes computer gaming over a secure local area network, spectator /arena -style events, and a retail component. This unique use will contribute to the diversification of the range of goods and services available to the Downtown and Citywide patrons. 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 conditional use permit for a computer gaming and spectator facility at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the use that will mitigate any potential negative or adverse impacts created by the typical and event day configurations. The tenant, eSports Arena, will maintain the technology, procedures, and staffing required in order to ensure that the facility remains compliant with local and State laws. In addition, the use will occur within the interior of the premises, with no outdoor operations proposed at the location. Staff and security personnel will maintain the area's order, preventing impacts to adjacent sidewalks or streets from pedestrian activity or vehicular circulation. The tenancy of the Ramona Building, located on one of Downtown's most important corridors, will enhance the safety of the immediate vicinity by reducing Resolution No. 2014 -17 Page 4 of 13 31 B -28 vacancy at the site and bringing more activity to the area, thereby enhancing security in the surrounding area. 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 facility to operate, thereby reducing the vacancy rate in the Ramona Building and creating the possibility for patrons to support other local, complementing uses such as retail stores, service uses, or restaurants. The tenant suites in which eSports Arena is proposed have undergone significant investment in order to modernize the building in preparation for a high - technology use such as eSports Arena. The conditional use permit will allow eSports Arena to operate, enhancing the economic viability of the Ramona Building, and contributes to the overall success of Santa Ana's Downtown by reducing vacancies, promoting the success of a local business, and allowing the facility's patrons the ability to support other local businesses. 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 computer gaming and spectator facility pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be primarily maintained as a computer gaming facility, with technology and staff available to ensure that the use remain in compliance with the City's curfew laws and with the standards in place for venues that offer computers for skill - based gaming for use to the general public. 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. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a venue that offers computer gaming and an arena for special events offers additional recreation options for Santa Ana residents and visitors. The granting of this conditional use permit also contributes to the development of Downtown Santa Ana as a regional destination. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial Resolution No. 2014 -17 Page 5 of 13 31 B -29 properties, and encourages increased levels of capital investment. The Ramona Building has undergone a significant amount of rehabilitation in anticipation of the project, with additional improvements intended to restore the building to its original nature. The tenancy of eSports Arena within the Ramona Building will help ensure the long -term maintenance of the historic building, which contains "Key" status on the local register of historic buildings. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval have been placed on the proposed computer gaming and spectator facility that will maintain a safe and attractive environment in Downtown Santa Ana. Complementing this, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The facility will be located in a commercial area and its operations will complement and will be compatible with the surrounding commercial businesses. Finally, Goal 2 of the Economic Development Element supports maintaining and enhancing the diversity of the City's economic base. The proposed use supports Policy 2.1 of this Element, creating the potential for a high - growth business cluster that could attract high - technology businesses and vendors to the project's vicinity, and Policy 2.3, encouraging the development of mutually beneficial and supportive business clusters. The proposed computer gaming and spectator facility will attract patrons who may continue to support other commercial services in Downtown Santa Ana's thriving retail, service, and restaurant areas. F. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operation, repair, maintenance, permitting, or leasing of existing structures. Categorical Exemption Environmental Review No. 2013 -100 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. 2014 -11 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein and Conditional Use Permit No. 2014 -12 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 May 27, 2014 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2014 -17 Page 6 of 13 31 B -30 ADOPTED this 27th day of May. 2014 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) 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, ROSA BARELA, Acting Recording Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2014 -17 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 27, 2014. Date: Acting Recording Secretary of the Planning Commission City of Santa Ana 31 B -31 Resolution No. 2014 -17 Page 7 of 13 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2014-11 Conditional Use Permit No. 2014 -11 for after -hours operations 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 rip or 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. The premises shall at all times be maintained as a computer gaming and spectator facility only. 2. After -hours operations until 2:00 a.m. are only permitted for event day, arena -style configurations only, subject to the provisions of Condition No. 3. (Added by the Planning Commission on May 27, 2014.) 3. The establishment shall submit an annual program /schedule to the Planning Division, Police Department, and Public Works Agency that contains details on proposed or scheduled events, including the type of event, relevant groups /organizations, dates, hours and duration, expected attendance, and any other pertinent information. If a new event arises that is not part of the submitted annual program /schedule, the establishment shall provide the agencies listed above with such information at least 30 days in advance. 4. Any and all existing or new lighting on the building's exterior must be maintained in working order. There shall be no amplified sound used outside the building. The computer gaming and spectator facility shall comply with the City's noise ordinance at all times. 7. Minors /those under eighteen (18) years of age shall not be permitted to enter or remain in the establishment during the following periods unless accompanied by a parent or legal guardian: a. Between 8:00 a.m. and 3:00 p.m., or after 10:00 p.m. on Monday through Friday of each week; Resolution No. 2014 -17 Page 8 of 13 31 B -32 b. Saturday and Sunday after 10:00 p.m. C. The above weekday daytime hours of restriction shall not apply to vacation days or school holidays as established by any public school district or private school, kindergarten through twelfth grade, operating within the city. d. Notice of these hours of restriction for minors shall be posted at all building entrances in lettering of at least two (2) inches in size. Resolution No. 2014 -17 Page 9 of 13 31 B -33 EXHIBIT B Conditions for Approval of Conditional Use Permit No. 2014 -12 Conditional Use Permit No. 2014 -12 for indoor commercial recreation as a computer gaming and spectator facility 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 np for 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 and Buildina Agency 1. The premises shall at all times be maintained as computer gaming and spectator facility. 2. The establishment shall submit an annual program /schedule to the Planning Division, Police Department, and Public Works Agency that contains details on proposed or scheduled events, including the type of event, relevant groups /organizations, dates, hours and duration, expected attendance, and any other pertinent information. If a new event arises that is not part of the submitted annual program /schedule, the establishment shall provide the agencies listed above with such information at least 30 days in advance. 3. The computer gaming and spectator facility shall comply with the City's noise ordinance at all times. 4. The sales, service, and consumption of alcoholic beverages shall be subject to the issuance of a separate conditional use permit. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on the subject property or any property adjacent to the premises. 5. Minors /those under eighteen (18) years of age shall not be permitted to enter or remain in the establishment during the following periods unless accompanied by a parent or legal guardian: a. Between 8:00 a.m. and 3:00 p.m., or after 10:00 p.m. on Monday through Friday of each week; b. Saturday and Sunday after 10:00 p.m. Resolution No. 2014 -17 Page 10 of 13 31 B -34 C. The above weekday daytime hours of restriction shall not apply to vacation days or school holidays as established by any public school district or private school, kindergarten through twelfth grade, operating within the city. d. Notice of these hours of restriction for minors shall be posted at all building entrances in lettering of at least two (2) inches in size. 6. The facility shall not operate between 12:00 midnight and 7:00 a.m. unless in conjunction with an approved after -hours conditional use permit and the conditions of approval therein. 7. "No loitering" signs shall be posted at the front and rear entrances of the business. In addition, a waiting area shall be provided for customers waiting to use a computer. No outside seating area is permitted. 8. Employees shall be at least twenty -one (21) years of age after 10:00 p.m. and shall be at least eighteen (18) years of age during all other times. 9. Occupancy shall not exceed that required under the uniform building code and uniform fire code, and the maximum occupancy load shall be posted at the main entrance. 10. The establishment shall maintain and operate a camera /video surveillance system with recording capability during all business hours. The system shall cover the entire interior of the premises and all entrances to and exits from the establishment. The camera /video surveillance system shall be capable of delineating on playback of the system the activity and physical features of persons or areas within the premises. a. Recordings shall be kept a minimum of seventy -two (72) hours. b. The business owner shall permit the city to inspect the recordings during business hours. The system shall be maintained in good working order, including the running of the tapes, disks, or other digital media. C. A sign shall be posted inside and at the entrance to the establishment indicating that the premises are under camera /video surveillance. d. The Police Department shall be granted access through an IP -based system to all surveillance systems. 11. The business operator, at his /her expense shall provide a California licensed uniform security guard on the premises Monday through Friday between 4:00 p.m. and closing, and Saturday through Sunday between 12:00 p.m. and closing, at a rate of one guard per one - hundred (100) patrons, with a minimum of one present, during all special events. Resolution No. 2014 -17 Page 11 of 13 31 B -35 a. The chief of police is authorized to require a specific owner /operator to provide a security guard(s) on the premises at other hours of the day in the event that there are significant calls for service relating to assaults, gang related activity, weapons offenses, disturbances, and juvenile related crime, including truancy, or other good cause. b. Any decision of the chief of police may be appealed to the city council. Any appeal shall be made within ten (10) calendar days following the date of the decision by the chief of police. Further, such appeal period shall end at 5:00 p.m. on the tenth calendar day following such date of the written decision by the chief of police. If such tenth calendar day ends on a Saturday, Sunday or holiday, the 10 -day period shall end at 5:00 p.m. on the next regular business day. C. All appeals shall be in writing and on forms provided by the planning department and shall specify wherein there was any error of decision or requirement by the chief of police. Furthermore, a copy of such appeal shall be filed with the planning department and the clerk of the council. Upon receipt of such appeal, the planning department shall set the matter for hearing by the city council. e. The city council may, after public hearing, affirm, reverse, change, or modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by this chapter. Such decision shall be filed with the clerk of the council, and the planning department; one (1) copy thereof shall be sent to the applicant. 12. During those times when patrons are restricted to 18 years of age or older, the applicant shall at all times utilize an age verification means or device to ensure compliance with the City's curfew laws. 13. Queuing lines outside the facility shall be managed in an orderly manner and all disruptive patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. 14. Outdoor queuing lines shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. If located on public property those barriers must be approved by the Public Works Agency. 15. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays or furniture near windows shall not exceed three feet in height. Resolution No. 2014 -17 Page 12 of 13 31 B -36 16. Interior lighting shall be maintained at a minimum of thirty (30) footcandles of light during typical day configurations when the facility is used as a computer gaming facility. 17. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC ") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 18. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. Any adult entertainment or access to pornography is prohibited. 19. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the establishment. 20. Install a silent armed robbery alarm. 21. Any activities or tournaments that meet State definitions and that conflict with State laws on gambling, including "games of chance," are strictly prohibited. 22. There shall be no coin- operated games maintained on the premises at any time. 23. This conditional use permit serves to approve an indoor computer gaming and spectator facility only. Any change in type of indoor commercial recreation as defined by SAMC Sections 41 -142 and 41 -2080 is subject to approval of a new conditional use permit. B. Public Works Agency A new wheelchair ramp shall be constructed at the southeast comer of Fifth Street and Sycamore Street per Public Works Agency standards. Drop -offs and /or pickups are prohibited along Fifth Street. No double - parking is permitted at any time along any City streets. 3. A staff member or third -party security guard or traffic attendant shall be present at all times during high - volume periods of business or event day configurations to ensure that disruptions to vehicular, pedestrian, or cyclist circulation is minimized on streets and sidewalks within the project vicinity. Resolution No. 2014 -17 Page 13 of 13 31 B -37 31 B -38