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HomeMy WebLinkAboutReso25-30_113 E. Fourth St CUP-25-18Resolution No. 2025-30 Page 1 of 16 RESOLUTION NO. 2025-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2025-18 AS CONDITIONED TO ALLOW THE SALE OF BEER AND WINE FOR ON-PREMISES CONSUMPTION THROUGH A TYPE-41 LICENSE FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL FOR AN EATING ESTABLISHMENT LOCATED AT 113 E. FOURTH STREET (APN: 398-328-03) 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. Alexa Garcia with IG Drafting and Design, representing Tacos Los Cholos (“Applicant”) and QOZB III, LLC. (“Property Owner”), is requesting approval of Conditional Use Permit (CUP) No. 2025-18 to allow the sale of beer and wine for on-premises consumption through a Type-41 license from the Department of Alcoholic Beverage Control (ABC) at an eating establishment located at 113 E. Fourth Street and approval of Conditional Use Permit (CUP) No. 2025-19 to allow after-hours operations at an eating establishment located at 113 E. Fourth Street (“Project”). B. Section 41-196 and Section 41-2007 Santa Ana Municipal Code (“SAMC”) and Table 2A of Division 2 of the Transit Zoning Code / Specific Development No. 84 (SD-84) require approval of a CUP for establishments wishing to sell alcoholic beverages for on-premises consumption. C. On October 13, 2025, the Planning Commission held a duly noticed public hearing on CUP No. 2025-18. D. The eating establishment will meet all required standards specified by Section 41-196 of the SAMC and ABC regulations for the sale of alcoholic beverages for on-premises consumption by containing a full kitchen and a menu of hot and cold food items for purchase. E. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant approval of a CUP pursuant to Section 41-638 of the SAMC, have been established for CUP No. 2025-18 to allow the sale of beer and wine for on-premises consumption at an eating establishment located at 113 E. Fourth Street. Resolution No. 2025-30 Page 2 of 16 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community; and The sale and service of beer for on-premises consumption will be an ancillary service to complement the food menu, allowing customers the option to enjoy alcoholic beverages with their meal. The Type-41 ABC license is only issued to eating establishments that meet the State’s standards as a bona fide eating establishment indicating that alcohol sales are not intended to be the primary use of the business. The eating establishment will operate as a full-service eating establishment, serving freshly prepared meals for on-site dining. Together, the eating establishment and ancillary alcoholic beverage service will provide an additional social experience to the City of Santa Ana, where the community can gather and enjoy fresh Mexican food along with alcoholic refreshments. Operational standards applicable to the ABC license and conditions of approval will mitigate any potential impacts created by the use and will 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 proposed sale of alcoholic beverages for on-premises consumption at this location is not expected to be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The use will occur within an enclosed premise in accordance with ABC standards, and the subject site is not in immediate proximity to any schools, playgrounds, or religious institutions. The nearest school, Edward B. Cole Academy, is approximately 1,281 feet southeast, and the nearest playground, Familias Corazones Verdes Park, is about 1,235 feet east of the site. Although the tenant space is near residential units, it is appropriately situated within a commercial space in a mixed-use development. Recognizing that Downtown Santa Ana, like other active urban areas, experiences challenges related to nightlife, staff has imposed additional operational conditions, including licensed security personnel, enhanced exterior lighting, security cameras, closing procedures, appropriate signage, and limiting the hours of operation of the outdoor patio, as detailed in Exhibit Resolution No. 2025-30 Page 3 of 16 A. Together with ABC license requirements and SAMC standards, these measures will ensure the establishment operates safely, minimizes potential negative impacts, and contributes positively to the Downtown environment without adversely affecting nearby sensitive land uses. 3. That the proposed use will not adversely affect the present economic stability or future economic development of property in the surrounding area. The proposed sale of alcoholic beverages for on-premises consumption will not adversely affect the economic stability of the area but will instead strengthen it by generating local jobs, supporting allied industries, and attracting residents and visitors to the neighborhood. The sale of alcoholic beverages for on-premises consumption will allow the eating establishment to compete with other nearby establishments that offer a full selection of alcoholic beverages for sale to their customers and will allow the establishment to be economically viable. Additionally, the proposed use will occupy an anchor tenant space of a new-mixed use development that is vacant. The Project will benefit the surrounding area by encouraging increased foot traffic, supporting nearby businesses, and contributing to the overall local economic base and commercial vitality. 4. That the proposed use will comply with the regulations and conditions specified in this chapter for such use; and The proposed Project will be in compliance with all applicable regulations and operational standards imposed on an eating establishment selling alcoholic beverages for on-premises consumption pursuant to Section 41-196 of the SAMC. The facility will be maintained as a bona-fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods. The eating establishment 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 SAMC. In addition, operational standards will ensure the Project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure the use does not impact neighboring properties or create a nuisance. Resolution No. 2025-30 Page 4 of 16 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 CUP No. 2025-18 supports several policies contained in the General Plan. The Project aligns with Land Use Element (LU) Goal LU-2 and Policies LU-2.1, LU-2.2, LU-2.6, and LU-2.8, which aim to provide a balanced mix of land uses that meet the City’s diverse needs, offer a broad range of employment opportunities, capture local spending, encourage re- investment into the City, and promote the City’s image as a significant business-friendly regional activity center. Additionally, Goal LU-4 and Policy LU-4.1 also apply, which support improvements to the built environment and the promotion of complete neighborhoods. Policy EP-3.11, which seeks to improve the City’s image through the creation of vibrant and engaging public spaces, is also supported by this Project. Tacos Los Cholos is located within a mixed-use building and its operation is compatible with the surrounding residential use and commercial businesses. The Project would provide an additional dining and drinking option to Santa Ana residents, workers, and visitors and would promote local spending and offer employment opportunities. Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Project is categorically exempt from further pursuant to CEQA Guidelines Section 15301 (Class 1 – Existing Facilities). Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of 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 to sell alcoholic beverages at an eating establishment and the after-hours operation of an eating establishment. Based on this analysis, a Notice of Exemption, Environmental Review No. 2025-80, 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 Resolution No. 2025-30 Page 5 of 16 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 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. 2025-18, as conditioned in Exhibit A and Exhibit B, Operational Standards for On-Sale Establishments, attached hereto and incorporated herein, for the project located at 113 E. Fourth Street. This decision is based upon the evidence submitted at the above-referenced hearing, including but not limited to: The Request for Planning Commission Action dated October 13, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. [Signatures on the following page] Resolution No. 2025-30 Page 6 of 16 ADOPTED this 13th day of October 2025, by the following vote: AYES: Commissioners: Manuel J. Escamilla, Christopher Leo, Bao Pham, Isuri S. Ramos, Alan Woo (5) NOES: Commissioners: (0) ABSENT: Commissioners: Carl Benninger, Jennifer Oliva (2) ABSTENTIONS: Commissioners: (0) _______________________ Isuri S. Ramos Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Melissa M. Crosthwaite Senior Assistant City Attorney Resolution No. 2025-30 Page 7 of 16 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Gema Zapien, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2025-30 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 13, 2025. Date: ________________ ____________________________________ Gema Zapien Recording Secretary City of Santa Ana 10/13/2025 Resolution No. 2025-30 Page 8 of 16 EXHIBIT A Conditions for Approval for Conditional Use Permit No. 2025-18 Conditional Use Permit No. 2025-18 allowing the sale of alcoholic beverages for on- premises consumption is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code (SAMC), the California Building Standards Code, and all other applicable regulations: The Applicant must comply 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 proposed 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 if the conditional use permit must be amended. 2. The sale, service, and consumption of alcoholic beverages shall be permitted in accordance with the operational standards for on-sale establishments pursuant to Section 41-196(g) of the SAMC, in accordance with the provisions of an on- premises alcohol license by the California Department of Alcoholic Beverage Control (ABC), and in accordance with the site and floor plans attached to the staff report documenting the approved scope of the project. 3. The sale, service, and consumption of alcoholic beverages shall be limited from 7:00 a.m. to 12:00 a.m. (midnight) Monday through Sunday and the outdoor patio operation, including serving and consumption of alcoholic beverages, shall be limited Sunday to Thursday from 8:00 a.m. to 9:00 p.m. and Friday and Saturday from 8:00 a.m. to 10:00 p.m. Operation between 12:00 a.m. (midnight) and 7:00 a.m. may take place provided Applicant has obtained Planning Commission approval of a separate conditional use permit application for after-hours operations required by Section 41-2007 of the Transit Zoning Code / Specific Development No. 84 (SD-84), pursuant to Section 41-638 of the SAMC. 4. The business shall comply with all provisions of local, state or federal laws, regulations or orders, including, but not limited to, those of ABC, California Business and Profession Code Sections 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. This includes compliance with the City’s business license annual renewal. 5. The Planning Division shall review CUP No. 2025-18 no later than twelve (12) months after full execution of this conditional use permit. Should any issues be identified during such review that are attributable to the site and/or its operations Resolution No. 2025-30 Page 9 of 16 and that constitute a nuisance, CUP No. 2025-18 shall be scheduled for public hearing at the Applicant’s full expense for condition modification(s). 6. Violations of the CUP, as contained in Section 41-647.5 of the SAMC, will be grounds for permit revocation and/or suspension as described in Section 41-651 of the SAMC. 7. The business owner shall maintain and adhere to a “Good Neighbor Policy,” implementing measures to ensure patrons comply with applicable noise, parking, and outdoor smoking regulations, and removing litter and preventing loitering in the areas in the immediate vicinity of the business. 8. The Applicant shall be responsible for monitoring both patron and employee conduct on the premises and within the parking areas under his/her control to assure such conduct does not adversely affect or detract from the quality of life for adjoining residents, property owners, and businesses. 9. At least one on-duty manager with authority over the activities within the facility shall be on the premises during business hours. The on-duty manager’s contact information shall be posted in a conspicuous location at the eating establishment’s front entry. The on-duty manager’s responsibilities shall include the monitoring of the premises to ensure compliance with all applicable State laws, Municipal Code requirements and the conditions imposed by ABC and the conditional use herein. Every effort shall be undertaken in managing the subject premises and the facility to discourage illegal and criminal activities and any exterior area over which the building owner exercises control. 10. The business shall not offer entertainment in the form of live or amplified music as an ancillary use without obtaining an entertainment permit. Notwithstanding this requirement, music/noise shall not be audible beyond twenty (20) feet from the exterior of the premises in any direction. 11. The Applicant shall install clearly visible and durable signage at all exit points of the designated outdoor dining area stating: “Alcoholic beverages are not permitted beyond this point.” The location, size, and design of the signage shall be reviewed and approved by the City of Santa Ana Planning Division prior to installation. 12. The Applicant shall submit a Security Cameras Plan, which will show the location of, and procedures for, the installation and maintenance of interior and exterior security cameras covering all entrances and exits. Footage must be retained for at least 30 days and made available to the Santa Ana Police Department upon request. 13. All employees involved in alcohol service, including servers, bartenders, hosts, and managers, shall complete State-certified Responsible Beverage Service (RBS) Resolution No. 2025-30 Page 10 of 16 training prior to serving alcohol. Documentation of such training shall be maintained on site and made available to the City upon request. 14. The business shall adopt and enforce a written policy to refuse the sale or service of alcoholic beverages to any patron who appears to be intoxicated. Clear signage stating “No Service to Intoxicated Persons” shall be posted in a conspicuous location near points of sale. 15. After 10:00 p.m., alcoholic beverages shall only be served to a customer in conjunction with the purchase of food. 16. The business shall be maintained as a bona-fide eating establishment at all times and ensure that the gross sales derived from food and non-alcoholic beverages shall, on a quarterly basis, constitute more than 50 percent (50%) of the establishment's total gross sales for the same period. Complete and accurate records, including but not limited to point-of-sale (POS) reports, income statements, and sales tax filings, that clearly delineate gross sales for food/non- alcoholic beverages and alcoholic beverages shall be maintained by the business and available for inspection by authorized City personnel upon notice. 17. An electronic incident log shall be maintained at the licensed premises on a continual basis with at least one (1) year of entries and be readily available for inspection by any City official. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate date, time, description of incident, and action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, excessive loud noise, etc. 18. Security staff shall implement closing procedures designed to prevent loitering and disturbances, including clearing queuing areas and dispersing patrons from the immediate vicinity within fifteen (15) minutes of closing. 19. All security personnel and on-duty managers shall complete annual training in de- escalation techniques and conflict intervention, including recognizing and responding to potential domestic disputes. 20. The operator shall designate and maintain a well-lit waiting area for rideshare/taxi services to minimize lingering patrons on public sidewalks and reduce the potential for conflicts in public spaces. The City may request additional or modified exterior lighting if such adjustments are determined to be necessary by City staff or the Santa Ana Police Department to ensure public health and safety. 21. For the first twelve (12) months of operation, the operator shall meet quarterly with Resolution No. 2025-30 Page 11 of 16 the Santa Ana Police Department and/or City staff to review calls for service and, if necessary, modify security or operational practices to address identified concerns. 22. If three (3) or more verified violent incidents attributable to the premises occur within a twelve (12)-month period, the conditional use permit shall be scheduled for Planning Commission review at the applicant’s expense to consider modification or revocation of the CUP. 23. 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) shall execute a Property Maintenance Agreement with the City of Santa Ana. The Agreement shall be recorded against the property by the City and shall be in a form reasonably satisfactory to the City Attorney. The executed Agreement must be submitted to the Planning Division by the Applicant within 90 days of the approval of this Resolution. The 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); Resolution No. 2025-30 Page 12 of 16 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 Agreement and both shall be jointly and severally liable for compliance with its terms; f. The 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 Agreement; g. The 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 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. Resolution No. 2025-30 Page 13 of 16 EXHIBIT B Operational Standards for Approval for Conditional Use Permit No. 2025-18 Conditional Use Permit No. 2025-18 to allow the on-sale 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 (“SAMC”), the California Building Standards Code, and all other applicable regulations. The Applicant/ Licensee (hereinafter, “Applicant”) shall comply with each and every operational standard listed below, pursuant to SAMC Section 41-196(g), in order to exercise the rights conferred by this conditional use permit. Pursuant to SAMC Section 41-196(g), these SAMC operational standards are reprinted to establish compliance with SAMC requirements for the granting of a Conditional Use Permit for on-premises alcoholic beverage consumption. The Applicant must remain in compliance with all operational standards listed below throughout the life of the conditional use permit. Failure to comply with each and every operational standard may result in the revocation of the conditional use permit. 1. The premises shall at all times be maintained as a bona-fide eating establishment as defined in Section 23038 of the California Business and Professions Code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on-sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after-hours operations pursuant to Santa Ana Municipal Code Chapter 41 (Zoning). 4. It shall be the Applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The Applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. Resolution No. 2025-30 Page 14 of 16 6. All employees serving alcoholic beverages must complete responsible beverage service training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. 7. During those times when patrons are restricted to twenty-one (21) years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those twenty-one (21) and older. 8. Queuing lines shall be managed in an orderly manner and all disruptive and/or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds twenty-five (25) patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency. 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) per cent of window coverage. Floor displays shall not exceed three (3) feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one (1) drink, get one (1) free", "two (2) for the price of one (1)", or "all you can drink for..." or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the chief of police. 14. Live entertainment, including, but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ("SAMC") Chapter 11 — Entertainment, and shall comply Resolution No. 2025-30 Page 15 of 16 with all of the standards contained therein. Notwithstanding this requirement, music/noise shall not be audible beyond twenty (20) feet from the exterior of the premises in any direction. 15. Neither the Applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12-1 and 12-2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41-1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within twenty-four (24) hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of letter of approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed-access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 23. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the police department, addressing at a minimum the following items: a. Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. Resolution No. 2025-30 Page 16 of 16 c. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and/or in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. f. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right-of-way, the applicant must obtain all required permits and approvals from the Public Works Agency. 25. Combined alcohol storage and display areas shall not exceed five (5) percent of the gross floor area of the licensed establishment.