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Modification to CUP No. 1996-30 <br />August 1, 2011 <br />Page 3 <br />o Staff Follow-up Response: Exhibit D, which outlines the regulations pertaining to <br />adult entertainment, is attached to this report. <br />• Applicant acknowledged its understanding of what would constitute adult entertainment. <br />They also committed to abide by the law and not cross the line into adult entertainment. <br />• Discussed the public notice that had been provided. Asked that staff make best efforts, <br />prior to the City Council meeting, to reach out to the actual tenants in the senior towers <br />and other nearby residential complexes. <br />o Staff Follow-up Response: Staff organized a community meeting that was held on <br />Friday, July 29, at the Santa Ana Senior Center. Flyers were distributed as broadly <br />as possible to all the nearby residential complexes. The Downtown Neighborhood <br />Association helped to coordinate the meeting and get the word out. Staff and the <br />neighborhood association were joined at the meeting by the applicant, who <br />provided an overview of the proposed Velvet Lounge. Questions and answers <br />followed, and attendees were advised about the August 1St City Council meeting. <br />• Asked whether entertainment would be offered within the outdoor patio. Staff and the <br />applicant clarified that entertainment would not be allowed outside of the enclosed <br />building. <br />• Discussed potential noise problems related to the outdoor patio. Conditions of approval in <br />the existing Conditional Use Permit require the patio to be closed at 1:00 a.m. Asked staff <br />to look at this issue further and advise the City Council with any recommendations. <br />o Staff Follow-up Response. Outdoor dining areas are a great amenity and they <br />should be encouraged. However, staff generally believes that outdoor patios <br />operating past a reasonable hour (e.g., 11:00 p.m., 12:00 a.m.) can present noise <br />impacts to nearby residents, and therefore the operating hours of these patios <br />should be restricted. Ideally, these patios would close at an appropriate hour even <br />while the heart of the business continues to operate indoors. But ideal <br />circumstances are rare. The existing CUP for this property allows the patio to <br />remain open until 1 a.m. Further, the other comparison businesses (see Exhibit A) <br />with outdoor dining areas are also allowed to remain open until 1:00 a.m. Changing <br />the outdoor dining hours for this property, though perhaps ideal, would be <br />31 B-3