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HomeMy WebLinkAboutZA FULL PACKET 2012-10-17OCTOBER 17, 2012 City Hall Ross Annex, Second Floor Conference Room 20 Civic Center Plaza, Santa Ana, CA 92701 CALL TO ORDER: 10:30 a.m. Zoning Administrator: Sergio Klotz Recording Secretary: Jocelyn Magalona 1. CONDITIONAL USE PERMIT NO. 2012-21 (Verny Carvajal) 2. Filed by Ha Nguyen to allow Taqueria Acapulco restaurant a conditional use permit for an upgrade from a Type 41 Alcoholic Beverage Control (ABC) license to a Type 47 Alcoholic Beverage Control (ABC) license for the on-premise sale and consumption of beer, wine and distilled spirits at 2709 Westminster Avenue, Unit E located in the Community Commercial (C1) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: October 5, 2012 PUBLICLY NOTICED: October 4, 2012 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2012-21 as conditioned. Public Comments Adjournment If you need special assistance to participate in this Zoning Administrator meeting, please contact Ellen Smiley, City ADA Program Coordinator, at (714) 647-5340. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Members of the public are allowed three (3) minutes to speak on each agenda item, but when any group desires to address the committee, the committee may request that its members agree on a spokesperson to make the presentation. ZONING ADMINISTRATOR PUBLIC HEARING REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: OCTOBER 17, 2012 TITLE: PUBLIC HEARING --FILED BY HA NGUYEN FOR CONDITIONAL USE PERMIT NO. 2012-21 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE UPGRADE FOR TAQUERIA ACAPULCO NO. 2 RESTAURANT AT 2709 WEST WESTMINSTER AVENUE, UNIT E Prepared by Vern Carva'al PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Mearing For DENIED ^ Applicant's Request ^ Staff Recommendation coNTINUED ro Planning Manager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2012-21 as conditioned. Re nest of A licant Ha Nguyen of Taqueria Acapulco Na. 2 restaurant is requesting approval of a conditional use permit in order to upgrade from a Type 41 to a Type 47 Alcoholic Beverage Contra) {ABC) license for the on-premise safe and consumption of beer, wine, and distilled spirits at 2709 West Westminster Avenue, Unit E. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC). Pro'ec# Location and Site Descri tion Taqueria Acapulco No. 2 restaurant is located on an existing, 1.15-acre site developed with amulti- tenant commercial building that is located near the northwest corner of West Westminster Avenue and Sydney Street, just west of North Fairview Street. The site contains 12 retail spaces with several retail establishments and another restaurant. The commercial building at 2709 West Westminster contains 16,800 square feet and the restaurant itself is 3,240 square feet in size. The overall site contains 81 parking spaces and is surrounded by residential uses to the north, west, and south, and residential and a commercial use to the east. No outdoor seating is proposed for this project (Exhibits 1 and 2). Proiect Description Taqueria Acapulco No. 2 restaurant is requesting approval of a Type 47 Alcoholic Beverage Control {ABC) license to allow the on-premise sale of beer, wine, and distilled spirits within the entire eating establishment. The restaurant is a full service, sit-down eating establishment that holds Conditional Use Permit No. 2012-21 October 17, 2012 Page 2 approximately 49 seats within its dining room. The on-premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The hours of operation far the restaurant are from 7:00 a.m. to 11:00 p.m. Sunday to Thursday, and 7:00 a.m. to 12:00 midnight on Friday and Saturday. Alcohol will be stored in two separate areas that are not accessible to or visible by the public. Beer will be stored in two 8-square foot storage areas at the rear of the restaurant, while distilled spirits will be stored within the food service area in a 6-square foot area. The overall storage and display of alcohol consists of approximately 22 square feet, which is less than one percent of the floor area and is less than five percent of the gross floor area of the restaurant. This falls below the Planning Division Guidelines for establishments serving alcoholic beverages (Exhibits 3 and 4). Pro'ect Back round Taqueria Acapulco No. 2 restaurant has been in operation at the site since 1998. In 1988, the previous restaurant, Taqueria Guadalajara, received approval of Land Use Certificate No. 88-2, which allowed the on-premise sale of beer and wine at the eating establishment. The applicant is now seeking to upgrade the license to allow the sale of distilled spirits in addition to beer and wine. If approved, the action will also entail the voiding of the above-referenced minor exception. Taqueria Acapulco No. 2 restaurant is a locally-owned and operated establishment specializing in Mexican cuisine. In order to display and sell alcohol, a conditional use permit is required. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial land-use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with this General Plan land use designation. The parcel is located within the Community Commercial (C-1) zoning district. The C-1 zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning code. Proiect Analysis Conditional Use Permit requests are governed by Section 41-638 of the SAMC. Conditional Use Permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. 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. Conditions[ Use Permit No. 2012-21 October 17, 2012 Page 3 • That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 49 for such use. • 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. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. • The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer, wine, and distilled spirits with their food throughout the establishment. This will thereby benefit the community by providing a restaurant with an additional and complementary food-related amenity. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. • The proposed license for the on-sale consumption of beer, wine, and distilled spirits at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and is incidental to the restaurant use. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also after alcoholic beverages for sale to their guests and other visitors. • As conditioned, the proposed project wil! be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer, wine, and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code and the guidelines established by the Planning Commission for restaurants selling alcohol with their meal. The facility has the kitchen equipment necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than one percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Planning Commission. Conditional Use Permit No. 2012-21 October 17, 2012 Page 4 • The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goads and services. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana. Police De artment Anal sis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. Studies have shown that alcohol is a contributing factor in crimes, such as drunk driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in public and other nuisance type of offenses. Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentration will create blight and adversely impact the community. The approval of a license in an area deemed over concentrated and high in crime may affect the quality of fife and police resources in the area, and aggravate existing conditions. The Police Department has evaluated the applicant's request and believes that the proposed ABC license will not adversely affect the surrounding community. Since the City`s overconcentration standards do not apply to on-sale establishments, the Police Department considered two factors when reviewing this application: crime rate and sensitive land uses. The Police Department has determined that this establishment is located in an area that is considered average in police-related incidents. This site is located within Reporting District No. 84, which ranks 65t~' out of 102 citywide districts fn total number of police-related incidents. Nearby sensitive land uses include single-family residential units bordering the property, which may be impacted by noise andlor late night activity. However, conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Public Notification The project site is located within the boundaries of the Santa Anita Neighborhood Association. Representatives from this Neighborhood Association were notified of this project. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Com fiance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2011-29 wi11 be filed for this project. ~! - - - _ r - y-.. _ _. ~/ {{ ~~1~~5= ~. ; _ ~ ~«- ~ -, -. ~~ -~~ ~~~ J R3 ~~_ ' ~[ri£BEiRY i6 I 5'TJ:+v3E0.iY LN. - cEEr of cirein c~a.. '11rr R RI n. I..- n / ~ Rd f m ~ ~ R4 .i ~ ~~v ~ u C1 ter: C 7 .m'. Cl C l~ PROJECT SITE ~ ; s,~ ~ _ _ ," ~~ `Z AS GSJ6i4LAGRC1AliJR4L# qt OOMMBr1ALE~DV-N11A1. 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PLANNIDF~7#?BJIIALDE~IH.OR~BJT C5 ARR3aALDCARMBmAL CUP 201221 ~ TAQU~RIA ACAPULCO #2TYP~ 47 ABC ~ ~`~~n'" 2749 WEST W~STMINST~R AV~NU~, #~ ..~.-....w--. =~ a~~w,~- P L A N N f N G A N D B U I L D I N G A D E N C Y EXHIBIT 1 VICINITY MAP W Z r ~ ~ H J W W LU W ~ ~ ¢z z ~ H -'w MUL I-FAMILY ~~ o ~ ~ ~ ~~ RE IDE CE u ~ az ~N ~~ t7 w Z ~ OC ¢ Z LL' J ""• `n C€ty of N z - ~ ~ Garden Grope ~ a COMM. ~ w PROJECT z SITE ~ COMM. >' WEST INSTER AVENUE C M M E R C I A L CUP 2012-21 TAQUERIA ACAPULCO #2TYPE 47 ABC ~j = ' I 2709 WEST WESTMINSTER AVENUE, #E ~ P L A N N € N G A N D B U 1 L D I €J G A G € N C Y LAND USE MAP EXHIBIT 2 Q 7 O ~~ C rn- d ti 1r .~ a ° a W n #a R a~ bNV alrrvs $ ~ w ~ ~ 3AYlf31SNiYY1S3 ~ q 4 p ~ ~ r ~ M dOLZ a ~ ~ ~ ~ ~ l~ 0~7Rd4'~b' Nlu'31?bV1 x Q ~ ~ ~~ ~ U z a ~' ~ Q b ~ ~ ~q 1ya~ w~'Q{~ 9 O o mQ °i2 ~ _ - ~ O til g Q' ~ ~ t ~ ~4Q Nh o < A ~ Q ~ ~ i sy ~ ei Z f / r 6 g R ~ ~ g A y ~ y Y .. ~ $~~~ ~ ~ ~ $ ~ ~ ` a ~ 2 tE gg H Z ~ ~ p & ~ ~ u w a gg ~~-~~~ d 3 k~ ~`~ fSZ n k H w ~ ~ ~ ` ~ w ~ r ~ Y ~ ~ ~ ~ d3~3~ 0 ~$~g~~ U ( '~' 3 ssg yggq9 3 w ~ ~ ~~.RRRR F. ua~6~~s ~ . c ~ Se~ ~ € E~ ;L[5 ~,~, ~E{ ~w" E ~ ~~~~ ~~ -~i 8~~ F ~ Y~~ T" F a a ® ai i 3 O § ~ 5 ~ ~ s § a ~ ~ d ~ ~ o F 2 ~. ~ 191 ~"'^ {/~ ~ N O~ U¢ a Q U ~; Q Q z W ~' ~ r EXHIBIT 3 I~ f Q ~~ ~ ~ ~a ~~~ ~~ ~ ~-a~ 04 ~8a wo 0~3 } w~ ~ ~~~tt~ttw V~ ~ 2U 8 [~SyC 4 2C 4"~ ~4p~ C ~ CEO a~ Q ¢3a a~ ~~~Q pp pp ypp~~x 2~V ~`n9 aR~O u a ~ ~ ~_ ~ s~ ~ ~ a ~ ~~de~~ S~~ ~ ~ ~ ~ 1 ~ ~ anvu3lsrvfrus~.sf eorz Z#OJ ' ' ' ~ ' ~ a i xa ~ ~ ~ 0 a Q ~Rdb :J4 b 121311 Jb 1 ~ d QQ HZ ~ ~ ~l] b IL ~ - 0 ~ ~ LAGhawnfD .-m ~ ~_~ ~ ~ ~ ~ .9 ~ I z ~ ~ a ~ ~ ~ € ~ ~~~ ~ 1 x 3' ~~~ G B a ~ 8 ~, s 3 ~ ~ - -~ ~ ~9 ~~~~ ~ ~~ ~~ ~ ~. ~ 3 ~ ~ ~~ s ~~ I a ~ ~ ~ ~~ ~~ ~~ ~ ~ ~ ~ m~ ~ ° i ~~~ ~ I ~ ~ s ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I ~ g ~ > f a fl ~g ~~~ ~a ~~ ~~ ~~ ~ ~~ T- z ~ r ~ ., 'a .. ea-- ~~ ~~ ~ ~ q!{ b ~~ ~~ ~~~ ~~~~~ _ K a~ ~ . ~~~;{~ ~a-~ ~~~~ 8 a~ 3 ~a ~~ 3 ~~ ~~ a ~~ ~ eP ~~ b : ~- e .... ~~~ ~-~ z 3V ~~~ ~ ~~~ ~ ~ 3 ~~~ .~ s Z s a pa O J ti ~ 4 2 k EXHIBIT 4 ROH ~ 10/17/12 RESOLUTION NO. 2012-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012-21 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 2709 WEST WESTMINSTER AVENUE, UNIT E BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Conditional Use Permit No. 2012- 21 for a Type 47 (on-sale general) Alcoholic Beverage Control (ABC) license to allow the sales of beer, wine and distilled spirits for the property located at 2709 West Westminster Avenue, Unit E. B. Conditional Use Permit No. 2012-21 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on October 17, 2012. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption. D. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to approve a conditional use permit upon making certain findings: 1. WII the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer, wine, and distilled spirits with their food throughout the establishment. This will thereby benefit the community by providing a restaurant with an additianal and complementary food-related amenity. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2o12-xx Page 1 of 7 2. Will the proposed use 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 license for the on-sale consumption of beer, wine, and distilled spirits at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and is incidental to the restaurant use. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also offer alcoholic beverages for sale to their guests and other visitors. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer, wine, and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code and the guidelines established by the Planning Commission for restaurants selling alcohol with their meal. The facility has the kitchen equipment necessary to be considered a bana fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than one percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Planning Commission. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana. Resolution No. 2012-xx Page 2 of 7 E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061 {b){3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2011-29 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby approves Conditional Use Permit No. 2012-21 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 Zoning Administrator Action dated October 17, 2012, and exhibits attached thereto, and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 17th day of October, 2012. Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Ryan O. Hodge Assistant City Attorney Resolution No. 2©12-xx Page 3 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2012-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on October 17, 2012. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2012-xx Page 4 of 7 Conditions for Conditional Use Permit No. 2012-21 Conditional Use Permit No. 2012-21 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 Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or 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. A. Planning Division 1. A letterlstatement from the Department of Alcohol Beverage Contro! stating that the existing Type 41 license will be cancelled upon the issuance of the Type 47 license shall be filed with the city. Land Use Certificate No. 88-2 shall be withdrawn and cancelled. 2. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2012-04. 3. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 4, The restaurant must be maintained as a bona fde eating establishment. An eating establishment as defined by the Alcoholic Beverage Control Board and the Planning Commission must include the following items: a. One conventional rangeloven b. An automatic dishwasher c. A double sink d. A 25 cubic foot refrigerator e. A four-foot by six-foot food preparation area 5. The alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. S. There shall be no outdoor sales or consumption of alcohol. Exhibit A Pa e 1 of 3 Resolution No. 2012-xx g Page 5 of 7 B. Police De artmer~t The quarterly gross safes of alcoholic beverages shall not exceed the grass sales of food during the same period. These records are to be kept no less frequently than on a quarterly basis and shall be made available to the City, if requested. 2. The safe of alcoholic beverages for consumption off the premises is strictly prohibited. 3. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating 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. 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. 5. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 6. 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. 7. 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 24 hours of being applied. 8. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. 9. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 11:00 a.m. and 12:00 midnight. 10. Background musiclnoise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 11. The petitioner(s) shall post a placard prohibiting loitering, pursuant to California Penal Code ("CPC") section 602, on the exterior of the premises. 12. It shall be the petitioner(s) responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. Exhibit A Page 2 of 3 Resolution No. 2012-xx Page 6 of 7 13. This land use authorization is anly for a Type 47 on-sale general, public- eating place, any other license use at this location will require a new land use clearance. 14. 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. 15. The premises shall not be operated as an adult entertainment business as such term is defined in Santa Ana Municipal Code section 41-1701.6. 16. This conditional use permit shall be reviewed at six months, atone year and then annually thereafter by the Police Department for any modification to the conditions of approval. Existing restaurant 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's lighting, doarlwindow locking devices and addressing be upgraded to current code standards. Lighting standards canno# be located in required landscape planters. 17. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board condition 16 must be complied with. 18. Cash register must be visible from the street at all times and steal! not be obstructed at any time by temporary or permanent signage. 19. Window displays must be kept to a minimum far maximum visibility and shall not exceed 25 percent of window coverage. 20. Window displays and racks must be kept to a maximum height of three feet including merchandise. 21. Atimed-access cash controller or drop safe must be installed. 22. Indoor entertainment must be in compliance with the Santa Ana Municipa! Code. 23. There shall be no fixed bar or lounge area on the licensed premises maintained for the sole purpose of the sale, service or consumption of alcoholic beverages directly to patrons. 24. Install a silent armed robbery alarm. Exhibit A Page 3 Of 3 Resolution No. 2092-xx Page 7 of 7