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CUP Nos. 2010-17 thru 2010-19 September 27, 201 O Page 3 Analvsls of the Issues Conditional Use Permit No. 2010-17 to allow for a Tvr?e 47 ABC license Staff has reviewed the applicants request and is recommending approval of Conditional Use Permit No. 2010-17. The Police Department has reviewed the application and has noted that the restaurant is located within Reporting District No. 185, which ranks 10th out of 102 Citywide Districts in total number of police-related incidents. The restaurant will be in an area of the city that is considered higher-than-average in police-related incidents. Based on the above average number of police-related incidents, and the fact that there are residential units within 250 feet of this proposed use, the Police Department is concerned with potential negative impacts to adjacent residents. Therefore, several conditions of approval are proposed for this license. The proposed conditions of approval, which include restrictions on alcohol service, noise generation, litter, and exterior pay phones, among others, are intended to address the concerns raised by the Police Department and minimize the number of potential calls for service to the restaurant and to ensure the business operates as a bona fide eating establishment. The alcohol storage area is limited to less than five percent of the gross floor area of the restaurant to ensure that the alcohol license remains ancillary to the restaurant use. An on-site security guard will monitor and maintain the safety of patrons during any entertainment event or pertormance, as well as serving to protect the safety of those in the surrounding community. Additionally, the conditions of approval will assist in mitigating potential negative effects this restaurant may have on the surrounding community. Conditional Use Permit No. 2010-18 to allow for After-Hours Operation Santa Ana Municipal Code (SAMC) requires a conditional use permit for any eating establishment with hours of operation between 12:00 a.m. and 5:00 a.m. The proposed hours of operation for Chapter One are 6:00 a.m. to 2:00 a_m. As proposed, the restaurant will be open for breakfast, lunch, dinner and late night meals. These hours are consistent with the typical operations of this land use, and the request is similar to other restaurants such as Crosby and Memphis operations. Entertainment at this facility may include performances, dancing, and other types of assembly. Separate entitlements have been submitted by the applicant and are currently being processed for two outdoor dining areas. Sensitive land uses, such as residences within 250 feet away from this project, will not be negatively affected as all noise will be contained indoors, and there will be no amplified outdoor music. The existing residential units are located in the Downtown area, as are those units currently under construction on the southeast corner of Third and Sycamore Streets. Additionally, the building faces north, or away from, the existing residential land uses which further reduces the potential impact to the community west and east of the subject site. Parking for any potential events will be in the public parking structure, and will not spill over into the surrounding neighborhoods. Exterior lighting for the outdoor dining areas will be located on the north side of the building, and directed away from residential land uses. 31 A-5