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Modification to CUP No. 1996-30 <br />August 1, 2011 <br />Page 2 <br />• Asked the Fire Marshal to inspect the basement prior to the City Council meeting and to <br />report her findings: <br />o Staff Follow-up Response: The Fire Marshal conducted an inspection as requested <br />by the Public Safety Committee. The maximum occupancy for the basement area <br />will be limited to 49 if people stand, or to 45 if people are seated. She further notes <br />that the fire protection systems are up to date and meet all code requirements. The <br />kitchen fire protection system is also up to date and meets code requirements. A <br />"I-hour" fire protection door will be necessary to separate the basement from the <br />exit way. This fire protection door does not require any City Council action as it is <br />an explicit requirement under the State's fire and building codes; it only requires a <br />ministerial building permit. The Fire Department will not allow occupancy of the <br />basement space until a compliant door is installed. <br />• Asked for clarification about the type of entertainment proposed. The applicant responded <br />that the entertainment would include live performance, a DJ, musicians, impersonations, <br />and potentially a cabaret act involving people dressed in drag. <br />• Recognized that the Planning Commission had already added a condition to limit access <br />after 10 pm to those 18 and over. <br />• Discussed handouts distributed by staff that compare the operation of other similar <br />downtown establishments, including their conditions, processing timeframes, and an <br />outline of their Conditional Use Permits. <br />o Staff Follow-up Response: These handouts are attached to this report as Exhibit A, <br />Exhibit 8 and Exhibit C. <br />• Discussed the definition of adult entertainment under the Santa Ana Municipal Code as <br />contained in another handout distributed by staff. Staff further explained that its follow up <br />review had confirmed that the business does not constitute adult entertainment. However, <br />the Police Department explained why this was even questioned: photos of the business <br />and its patrons and/or employees that were found on social media sites in March 2010 <br />showed people in various stages of undress. These photos led staff to examine the <br />business carefully. As previously noted, staff ultimately concluded that the business does <br />not constitute adult entertainment. <br />31 B-2