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HomeMy WebLinkAbout4 - 305 E. FOURTH STREET4 -1 March 30, 2020 4 -2 4 -3 4 -4 4 -5 4 -6 EXHIBIT 1 4 -7 Resolution No. 2020-xx Page 1 of 8 LS 3.23.20 RESOLUTION NO. 2020-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2020-09 AS CONDITIONED TO ALLOW A TYPE 64 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR ON-PREMISES SALE AND CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS AT THE FRIDA CINEMA LOCATED AT 305 EAST FOURTH STREET, UNIT 100 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. Logan Crow, representing The Frida Cinema (“Applicant”), is requesting approval of Conditional Use Permit No. 2020-09 to allow on-premises consumption of beer, wine, and distilled spirits at an existing non-profit theater located at 305 East Fourth Street, Unit 100. B. Santa Ana Municipal Code Section 41-196 and Section 41-2007 requires approval of a conditional use permit for establishments wishing to sell alcohol for on-premises consumption. C. On March 23, 2020, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2020-09. 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 (“SAMC”) Section 41-638, have been established for Conditional Use Permit No. 2020-09 to allow the sale of alcoholic beverages for on-premises consumption: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed sale of alcoholic beverages for on-premises consumption at this location will provide an ancillary service to the theater’s customers by allowing them the ability to purchase beer, wine, and distilled spirits as part of their movie going experience. This will thereby benefit the community by providing a theater with an additional and complementary related amenity. Conditions of approval and operational standards applicable to the alcoholic beverage control license will mitigate any potential impacts created by the use and 4 -8 Resolution No. 2020-xx Page 2 of 8 ensure that the use will not negatively affect the surrounding community. 2. 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. The subject site contains an existing non-profit theater that has been in operation since 2014. In addition, the existing non-profit theater has provided alcoholic beverages at special events by obtaining a daily alcoholic permit through the California Department of Alcoholic and Beverage Control (“ABC”). Since 2014, the City has not received any complaints or issued any notices of violation to the operator. Furthermore, the subject site is not located within immediate proximity to parks, playgrounds, schools, or religious institutions. In addition, the building is located approximately 350 feet away from the nearest multi-family residences and approximately 400 feet from the nearest single-family residences. All applicable operational standards identified in SAMC Sec. 41-196 will apply to this establishment. Finally, the sale of alcohol is intended to be incidental to the primary use, which is a theater. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The Frida Cinema has been in operation for six years at 305 East Fourth Street, Unit 100. Since 2014, The Frida Cinema has shown an average of 28 films per month and holds special private events. The use has included the sale of alcoholic beverages at events by obtaining a daily alcoholic beverage control license through the ABC. The proposed sale of alcoholic beverages for on-premises consumption will not adversely affect the economic stability of the area, but will instead allow the theater to compete with other nearby commercial establishments that offer a full selection of alcoholic beverages for sale to their customers. Moreover, the proposed sale of alcoholic beverages will allow The Frida Cinema to remain economically viable and contribute to the overall success of the City of Santa Ana. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed conditional use permit will be in compliance with all applicable regulations and operational standards imposed on an establishment selling alcoholic beverages for 4 -9 Resolution No. 2020-xx Page 3 of 8 on-premises consumption pursuant to Chapter 41 of the SAMC. The facility will utilize less than five (5) percent of the gross floor area for display and storage of alcoholic beverages, which is the maximum threshold established by the Santa Ana Municipal Code. Conditions of approval and operational standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. 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. The proposed sale of alcoholic beverages for on-premises consumption at this location will not adversely affect the General Plan or any specific 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 full-service uses that offer alcoholic beverages as part of their service provides a general well-being to the neighborhood as it provides a theater option for Santa Ana residents and visitors in a much needed area of the city. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Applicable operational standards for the proposed ABC license will maintain a safe and attractive environment in the neighborhood. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Frida Cinema is located within the downtown district and its operations will be compatible with the surrounding commercial businesses. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from CEQA per Section 15301 – Class 1 (Existing Facilities). The request for a conditional use permit for a Type 64 alcoholic beverage control (ABC) license consists of the permitting or minor alteration of an existing private structure involving negligible or no expansion of the use beyond that existing at the time of the lead agency's determination. The project proposes to allow the operation of an alcoholic beverage control license for the sale and on-premises consumption of beer, wine and distilled spirits at an existing non-profit theater. Therefore, there is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use and negligible expansion of the existing building being proposed. Based on this analysis, a Notice of Exemption, Environmental Review No. 2020-11 will be filed for this project. 4 -10 Resolution No. 2020-xx Page 4 of 8 Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2020-09 as conditioned for the sale of alcoholic beverages for on-premises consumption for the project located at 305 East Fourth Street, Unit 100, as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated March 23, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 23rd day of March, 2020. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: 4 -11 Resolution No. 2020-xx Page 5 of 8 _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 23, 2020. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 4 -12 Resolution No. 2020-xx Page 6 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2020-09 Conditional Use Permit No. 2020-09 for on-premises consumption of alcoholic beverages 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 Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior 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. 1. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 2. Prior to any outdoor consumption of alcoholic beverages, the applicant shall obtain an Outdoor Dining Permit from the Public Works Agency, permitting the construction of an outdoor patio area. 3. The sales, service, and consumption of alcoholic beverages shall be permitted in accordance with the applicable operational standards for on-sale establishments pursuant to Section 41-196(g) of the SAMC and in accordance with the provisions of an on-sale license by the State Alcoholic Beverage Control Board (ABC). 4. The sales, service, and consumption of alcoholic beverages shall be limited from 8:00 a.m. and 12:00 a.m., Monday through Sunday, pursuant to Section 41-688 of the Santa Ana Municipal Code, unless otherwise approved for after-hours operations through a separate conditional use permit. 5. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding the requirement that music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 6. Within 90 days of adoption of this resolution, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) 4 -13 Resolution No. 2020-xx Page 7 of 8 shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses; c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement; g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The 4 -14 Resolution No. 2020-xx Page 8 of 8 maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. 4 -15 EXHIBIT 2 4 -16 Resolution No. 2020-xx Page 1 of 8 LS 3.23.20 RESOLUTION NO. 2020-xx 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. Logan Crow, representing The Frida Cinema (“Applicant”), is requesting approval of Conditional Use Permit (“CUP”) No. 2020-11 to allow after- hours operations until 2:00 a.m. as well as after-hours sales, service, and consumption of beer, wine, and distilled spirits, at an existing non-profit theater located at 305 East Fourth Street, Unit 100. B. Santa Ana Municipal Code Section (“SAMC”) 41-196 requires approval of a CUP for the sale, service, and consumption of alcoholic beverages between the hours of 12:00 a.m. and 7:00 a.m. C. SAMC Section 41-2007 requires a CUP to allow any business to operate between the hours of 12:00 a.m. and 7:00 a.m. The Applicant is proposing to operate the business from 10:00 a.m. to 2:00 a.m., two hours later than the SAMC prescribed limits. D. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the CUP for this project as set forth by the Santa Ana Municipal Code. E. On March 23, 2020, the Planning Commission held a duly noticed public hearing for CUP No. 2020-11. F. The Planning Commission of the City of Santa Ana has considered the information and determines that following findings, which must be established in order to grant CUP No. 2020-11, to allow sales, service, and consumption of alcoholic beverages between the hours of 12:00 a.m. and 2:00 a.m., have been established as required by SAMC Section 41- 638: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2020-11 AS CONDITIONED TO ALLOW AFTER-HOURS OPERATIONS UNTIL 2:00 A.M. FOR THE FRIDA CINEMA LOCATED AT 305 EAST FOURTH STREET, UNIT 100 4 -17 Resolution No. 2020-xx Page 2 of 8 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed after-hours operations will provide a primary service to individuals that may not be able to attend early movie show times or that wish to experience late night movie showings. This will allow the theater to better serve the community by providing a movie theater service that provides late night movie showings past 12:00 a.m. (midnight), which is consistent with other business hours of operations in the Downtown. In addition, by offering extended hours of operation, the theater and Downtown area will be further enhanced. 2. 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. The subject site contains an existing non-profit theater that has been in operation since 2014. In addition, the existing non-profit theater has sold alcoholic beverages for on- premises consumption at special after-hours events by obtaining a daily alcoholic permit through the California Department of Alcoholic Beverage Control (“ABC”). Since 2014, the City has not received any complaints or issued any notices of violation to the operator. Furthermore, the subject site is not located within immediate proximity to parks, playgrounds, schools, or religious institutions. In addition, the building is located approximately 350 feet away from the nearest multi-family residences and approximately 400 feet from the nearest single-family residences. All applicable operational standards identified in SAMC Sec. 41-196 will apply to this establishment. Finally, the after-hours operation is intended to be incidental to the primary use, which is a theater. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The Frida Cinema theater has been in operation for six years at 305 East Fourth Street, Unit 100. Since 2014, The Frida Cinema has shown on average 28 films per month and held special private events. The proposed after-hours operations will not adversely affect the economic stability of the area, but will instead allow the theater to compete with other nearby 4 -18 Resolution No. 2020-xx Page 3 of 8 commercial establishments that are open past midnight and remain economically viable and contribute to the overall success of the City of Santa Ana. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed conditional use permit will be in compliance with all applicable regulations and operational standards for businesses operating after-hours pursuant to Chapter 41 of the SAMC. Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to after-hours operations to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. 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. The proposed after-hours operations at this location will not adversely affect the General Plan or any specific 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 full-service uses that offer after-hours operations as part of their service provides a general sense of well-being to the neighborhood as it provides a theater option for Santa Ana residents and visitors in a much needed area of the city. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Applicable operational standards for the proposed after-hours sales, service, and consumption of alcoholic beverages will maintain a safe and attractive environment in the neighborhood. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Frida Cinema is located within the downtown district and its operations will be compatible with the surrounding commercial businesses. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from CEQA per Section 15301 – Class 1 (Existing Facilities). The request for a conditional use permit to allow the after-hours operation of the facility consists of the permitting or minor alteration of an existing private structure involving negligible or no expansion of the use beyond that 4 -19 Resolution No. 2020-xx Page 4 of 8 existing at the time of the lead agency's determination. The project proposes to allow the after-hours operation for an existing non-profit theater. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use and negligible expansion of the existing building being proposed. Based on this analysis, a Notice of Exemption, Environmental Review No. 2020-11 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2020-11 as conditioned for the after-hours operation of the theater located at 305 East Fourth Street, Unit 100, as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated March 23, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. 4 -20 Resolution No. 2020-xx Page 5 of 8 ADOPTED this 23rd day of March, 2020. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 23, 2020. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 4 -21 Resolution No. 2020-xx Page 6 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2020-11 Conditional Use Permit No. 2020-11 to allow the after-hours operation 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 Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior 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. 1. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 2. Prior to any outdoor consumption of alcoholic beverages, the Applicant shall obtain an Outdoor Dining Permit from the Public Works Agency, permitting the construction of an outdoor patio area. 3. The sales, service, and consumption of alcoholic beverages shall be permitted in accordance with the applicable operational standards for on-sale establishments pursuant to Section 41-196 of the SAMC and in accordance with the provisions of an on-sale license by the California Department of Alcoholic Beverage Control Board (ABC). 4. The sales, service, and consumption of alcoholic beverages shall be limited from 8:00 a.m. and 2:00 a.m., Monday through Sunday, pursuant to Sections 41-196 and 41-2007 of the Santa Ana Municipal Code. 5. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding the requirement that music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 6. Within 90 days of adoption of this resolution, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) 4 -22 Resolution No. 2020-xx Page 7 of 8 shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses; c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement; g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or 4 -23 Resolution No. 2020-xx Page 8 of 8 to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. 4 -24 EXHIBIT 3 4 -25 2/25/2020 . apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html#1/1 CUP 2020-09 & CUP 2020-11, The Frida Cinema305 East Fourth Street, Unit #100 Exhibit 3 – Vicinity Zoning and Aerial View © 2020 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 4 -26 EXHIBIT 4 4 -27 CUP 2020-09 & CUP 2020-11 THE FRIDA CINEMA 305 EAST FOURTH STREET, UNIT 100 SITE PHOTOS EXHIBIT 4 4 -28 EXHIBIT 5 4 -29 #Ä VICINITY MAP SANTA ANA, CA SCALE 1/32" = 1'-0" PLOT PLAN 2.162.#0 8+%+0+6;/#2 %1056016'5 %1&'5 2/5/2020 4:42:55 AM4 -30 EXHIBIT 6 4 -31 #Ä SCALE 3/32" = 1'-0" FLOOR PLAN (.1142.#0 SCALE 1/4" = 1'-0" ENLARGED FLOOR PLAN '0.#4)'& (.1142.#0 CONCESSIONS: LIQUOR STORAGE & SERVING AREA 2/5/2020 4:39:20 AM4 -32