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CUP Nos. 2010-04 thru 2010-06 <br />August 23, 2010 <br />Page 3 <br />Analysis of the Issues <br />Conditional Use Permit No. 2010-04 to allow for After-Hours Operation <br />Santa Ana Municipal Code (SAMC) requires a conditional use permit for any eating establishment <br />with hours of operation between the hours of 12:00 a.m. and 5:00 a.m. The proposed hours of <br />operation for the Yost are 8:00 a.m. to 2:00 a.m. The restaurant and entertainment venue will be <br />open for dinner, and will eventually be open for lunch and breakfast as well. These hours are <br />consistent with the typical operations of this land use, and the request is similar to Crosby and <br />Memphis operations. Entertainment at this facility may include concerts, conferences, dancing, <br />performances and shows, and other types of assembly. The maximum capacity for this facility is <br />267 patrons for a performance with assigned seating and a dining option (Exhibit 4). Separate <br />entitlements have been submitted by the applicant and are currently being processed for two outdoor <br />dining areas. Sensitive land uses, such as residences are within 250 feet away from this project, <br />and will not be negatively affected as all noise will be contained indoors, and there will be no <br />amplified outdoor music. Additionally, the buildings face the west, or away from, the existing <br />residential land uses which further reduces the potential impact to the community on the east side of <br />the subject site. Parking for events will be in the public parking structure, and will not spill over into <br />the surrounding neighborhoods. Due to the evening hours, this project will not conflict with the peak <br />parking requirements for other nearby businesses. <br />At all times when dancing and/or entertainment are being conducted, the applicant shall employ a <br />minimum of one uniformed, licensed security guard for every hundred persons in attendance per <br />event, for keeping the peace. The applicant will also provide a minimum of one State licensed <br />uniformed security guard to ensure patron safety when going to and from the public parking <br />structures. This latter guard will be specifically assigned to this function until all activity on the <br />premises has ceased and patrons have cleared the parking area. The guard must be approved by <br />the Chief of Police. This additional security will maintain order at the location, as well as protect <br />the surrounding community. <br />Based upon the fact that this facility has been designed to meet all code requirements, including the <br />City's noise ordinance and restrictions based upon the City of Santa Ana's Noise Element, as well as <br />those conditions established by the Police Department, staff recommends approval of Conditional <br />Use Permit No. 2010-04. <br />Conditional Use Permit No. 2010-05 to allow for a Type 47 ABC license <br />Staff has reviewed the applicant's request and is recommending approval of Conditional Use <br />Permit No. 2010-05. The Police Department has reviewed the application and has noted that the <br />restaurant is located within Reporting District No. 185, which ranks 10th out of 102 Citywide <br />Districts in total number of police-related incidents. The restaurant will be in an area of the City <br />that is considered higher than average in police-related incidents. Based on the above average <br />31 D-5