Loading...
HomeMy WebLinkAbout31A - CUP - 200 N BROADWAYREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: CONDITIONAL USE PERMIT NO. 2013-02 TO ALLOW AFTER-HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2013-07 TO ALLOW A BANQUET FACILITY FOR THE C4: CURE FOR THE COMMON DELI AT 200 NORTH BROADWAY - JEFFREY HALL, APPLICANT Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15f Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2013-02 as conditioned and Conditional Use Permit No. 2013-07 as conditioned. PLANNING COMMISSION ACTION On May 13, 2013, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2013-02 as conditioned to allow after-hours operation and Conditional Use Permit No. 2013-07 as conditioned to allow a banquet facility by a vote of 6:0 (Bacerra abstained) for the C4: Cure for the Common Deli located at 200 North Broadway in the Transit Zone Code (SD84) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. J". Trevino Executive Director Planning & Building Agency HS:rb HsAC4DO CUP13-02-07CMeli_200NBroadway.cc Exhibit: A. Planning Commission Staff Report 31A-1 31A-2 REQUEST FOR Planning Commission Action' PLANNING COMMISSION MEETING DATE: Q441111. 07; MAY 13, 2013 TITLE: PUBLIC HEARING - FILED BY JEFFREY HALL FOR CONDITIONAL USE PERMIT NO. 2013-02 TO ALLOW AFTER-HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2013-07 TO ALLOW A BANQUET FACILITY FOR THE C4: CURE FOR THE COMMON DELI AT 200 NORTH BROADWAY PLANNING COMMISSION SECRETARY APPROVED E] As Recommended E] As Amended ? Set Public Hearing For DENIED ? Applicant's Request ? Staff Recommendation CONTINUED TO Prepared by Hally Soboleske Executive Director Planning Manage RECOMMENDED ACTION 1. Adopt a resolution approving Conditional Use Permit No. 2013-02 as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2013-07 as conditioned. DISCUSSION Request of Applicant Mr. Jeffrey D. Hall is requesting approval of conditional use permits for after-hours operation and a banquet facility at the C4 Deli to be located at 200 North Broadway. Proiect Location and Site Description The applicant is in the process of obtaining necessary permits for tenant improvements to operate the C4 Deli restaurant within an existing, 2,420-square foot tenant space that is located on the west side of North Broadway. Other tenants in this building include the restaurant, Au Naturaw, and various retail and office establishments. The site is surrounded by commercial land uses to the east, north and south, along with multi-family residential immediately west of the site (Exhibits 1, 2 and 3). The proposed restaurant will be located within a tenant suite formally utilized by Rude Gorilla theater and American Apparel. The building, known as the Empire Market Building, is located within the Downtown National Register District. Further, the building is individually listed on the Santa Register of Historical Properties as "Key" due to its distinctive architecture and significance to the City's history, as well as being a contributor on the National Register and California Register. EXHIBIT A 31A-3 Conditional Use Permit Nos. 2013-02 & 2013-07 May 13, 2013 Page 2 Proiect Description C4 Deli restaurant is requesting approval to operate until 2:00 a.m. and the ability to use the restaurant as a banquet facility as part of the eating establishment. The restaurant will be a full service, sit-down eating establishment that will hold approximately 31 seats within its dining room, and 21 seats on an outdoor patio facing the terminus of Second Street. The outdoor portion will require a Public Works outdoor dining permit. A small 160 square foot retail component is also proposed toward the front of the restaurant selling t-shirts, mugs, and other such items with the company's trademarked logo and name. On May 1, the Zoning Administrator approved Conditional Use Permit No. 2013-03 which is for a Type 41 ABC license in order to sell beer and wine at the restaurant. The proposed hours of operation for the restaurant are seven days per week from 6:00 a.m. to 2:00 a.m. The restaurant proposes to serve breakfast, lunch and dinner. The deli will be serving sandwiches and salads from the freshest local ingredients available. Bread will be made onsite, and many of the meat products, such as sausages, will also be made onsite. Proiect Background The C4 Deli will occupy an existing tenant space in the Empire Market Building. The applicants currently own and operate a downtown restaurant called "Chapter One: the Modern Local" located at 227 North Broadway. The applicants also own an interest in the Empire Market Building. General Plan and Zoning Consistenc The General Plan land use designation for the site is District Center (DC). District Center 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 Transit Zoning Code (SD-84) zoning district in the Downtown (DT) sub-zone. The SD-84 zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning designation. 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. 31A-4 Conditional Use Permit Nos. 2013-02 & 2013-07 May 13, 2013 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 41 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 permits. Conditional Use Permit No. 2013-02 to allow After-Hours Operation Santa Ana Municipal Code (SAMC) Section 41-2007 requires a conditional use permit for any eating establishment that intends to operate within the hours between 12:00 a.m. and 7:00 a.m. in the SD- 84 zoning district. The C4 Deli proposes hours of operation from 6:00 a.m. to 2:00 a.m. as they intend to serve breakfast, lunch and dinner. • The proposed after-hours operations will provide a service to both individuals that wish to have an early morning or late night meal. This will thereby benefit the community by providing a food- related amenity. Conditions have been placed on this operation to mitigate any potential problems created by the after-hours operation. • The proposed after hours operations will not be detrimental to those living or working in the area because the use, as conditioned, will not create any negative impacts on the community. Other restaurants already located in the Downtown area have similar hours of operation. • The project site is a commercial corridor that is appropriate for the proposed commercial use. The establishment of this restaurant within a vacant tenant space promotes a balance of land uses that enhances the City's economic and fiscal viability. Providing a variety of land uses in the area strengthens the economic base of the City's Downtown and affects the economic stability of the area in a positive manner. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an eating establishment pursuant to Chapter 41 of the Santa Ana Municipal Code and the Transit Zoning Code (SD84) zoning provisions. 31A-5 Conditional Use Permit Nos. 2013-02 & 2013-07 May 13, 2013 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 goods and services. A restaurant that offers early morning, daytime and late evening meals is consistent with the existing uses in the Downtown and the District Center land use designation. Conditional Use Permit No. 2013-07 to allow a banquet facility The applicant proposes to utilize the eating establishment as a banquet facility for private parties as needed. This offers patrons an opportunity to hold private or community events in the establishment and to close all or part of the restaurant to the general public. This facility will serve both regional and local patrons for restaurant and banquet needs. • The proposed use will provide an added alternative to the restaurant thereby providing a benefit to the community through the provision of a local banquet and meeting venue. Conditions have been placed on the banquet facility which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect or be injurious to the surrounding community. • The addition of the banquet facility use to the restaurant will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negative or adverse impacts. The banquet and private events will occur inside of the premises and offer an alternative to the restaurant's business operations to enhance the economic viability of the restaurant. Moreover, conditions are imposed to mitigate any potential impacts to those in the vicinity. • This commercial site is appropriate for the proposed land use. A banquet facility at the C4 Deli will increase the potential patronage to the business, thereby enhancing the economic viability of this commercial area. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an eating establishment pursuant to Chapter 41 of the Santa Ana Municipal Code and the Transit Zoning Code (SD84) zoning provisions. • The proposed use will not adversely affect the General Plan. Banquet facilities are permitted within the District Center (DC) General Plan designation and the SD-84/Downtown (DT) zoning district and serve to create an environment conducive to business on a regional scale. Additionally, the use, as conditioned, is in compliance with the regulations identified in the zoning code. Public Notification The project site is located within the boundaries of the Downtown Neighborhood Association. Representatives from this Neighborhood Association were notified of this project. The project site was also posted with a notice advertising this public hearing, and a notice was published in the 31A-6 Conditional Use Permit Nos. 2013-02 & 2013-07 May 13, 2013 Page 5 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 Compliance 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. 2013-20 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit Nos. 2013-02 and 2013-07 as conditioned. Hally Sobo ske Associate P lanner Vince Fregoso, AICP Principal Planner HS:jm Hs:lC4DelACUP13.02-07CC40eli_200N8roadviay pc Attachments: Exhibit 1 - Vicinity Map Exhibit 2 - Location Map Exhibit 3 - Site Plan Exhibit 4 - Floor Plan 31A-7 RI v) R2 O RI RI - Rf rRl Rl _ - p3- a:r 3 RI P2 ppa oa O R3- -3 I SP-3 SP-3 Noa _ -i P2 Y P1 R2 ]0.2 Pt a p r3R1 R1 RI RI p R2 sp-I SP-3 RI [0fll 75 SP RI . Rf RI aP a2 M R2 -1 SP-3 t - Rt R1 RI -a ? P P ?a-J4 I RID. a, u a a ,I p I • P P SP-3 p SP 3 SP 3 p' p w 20 so-so SD20 _ ChY(FkRa W Ca , i [l R I RI GC e GC GC GL I C i .SPI Y i r sv-, RIRI R7 ? ¦ ¦ s?w. .,cor3 Fcs [? GC = ¦ Y 2 aor r A? C] cs.s C C3- L swr R2 P so-ss , p p L3•N YA c; C3- m r p p so-ss sass JJ ' R2 P p O O C3•A sC A t so-i 1M SD-13 Sb2 § P P P swa ! S 1 CIA Q C3-A 3-A PROJECT 5 sr C2 CI CI C2 ° $D- t o SD-4 72 r R2 R = R2 R2 R2 D 17 AC2 At C; EPALACii 17MALt CH COMMffMF®DBQIIAL RI SNUFFAMILYFESDROK -B R\R9NGMOUSCAR M OC 00%9M ENrCHIT62 RZ 1NCSFAMILYfWMKE OSA GDMM8r3ALSGUfNMAIN MI UGMINDUSTRAL FO MLIUR3EDBd97YMUUIRE q CMWL IYOCfAM827AL M2 WAWINDUS94AL FAMiLY1ESDBJCE Ci-MD 0064A.OCXAMMAUMUSIMCISIRCT MO MUTAR(OPWAl0NS R1 RJDJ?INAFARfMBM GME A LCDMEMAL O OFIN S31CE FE RESDENIIALERATE C3 C73J1R41 MNES5 P PRYESSO AL S) SEI7RCowicpmm O-A CB1TRiLB19N ARRSNUAC-E PCD RmNEDCONMUMTYDMOf3.1W w SJU7NCRAN CA RANN®91CFRWCE41B2 PRE) PLANN®fESDBPRALDPvfLC M C5 ARTERALOWMEMAL CUP 2013-02 AND 2013-07 ?. C4 DELI 200 NORTH BROADWAY - - =500FEEr V = 1 DDO FAT P L A N N I N G A N D B_U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 31A-8 PARKING STRUCTURE 3RD STREET } CO Mm. 0 PARK ¢ Project O Site w co 2ND STREET MULTI- FAMILY M ULTI - RESIDENCE FAMILY R E S I D E N C E COMMERCIAL 1ST STREET J W } Z W U y? J J OC Lu COMMERCIAL °G cc v CUP 2013-02 AND 2013-07 C4 DELI A ' 200 NORTH BROADWAY e' P L A N N I N G A N D 8 U I L O I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-9 3 • ?'tji?i ' pp 10!26 NNOirnJ My s VI AVMQYONB'N ow lOLL6 VINHOirno VNV V 1HH5 AVh50VON6'NOOd 1 ? 7 '3jY N3S5303f130 N3SS31VOM0 NVId 3115 13SOd0Nd 1 1 z 9 AVIA0V089 H1dON ?.. z z S' a- tw W W N a Z N r } 4 ? yF t 4? ?f 1 4 P s 3 sl?ss p 1 e c p 00000 EXHIBIT 3 1 w olEn Of ?i ? . l/ z t I#I# Ir! fill R ii9$ i#F # 6E ?Eg a ! I# ?{ ? YiS??g,pppye? J4l? ?? t ke [ I il ? ? O l ?! J E!t i}? #s t 7 (f??#'t iii?ia !!!t a Z U c O U _ s t t ? ?t e It 16 I? # gg I?. l' it 6; S?}?d$I? qE I ???'9 }?j? `3E:RF ?p Z kl H Fi EXHIBIT 4 1O[Z6mNN03nvO'VM V1NVS MU vWIAWnVO'VNvvltm AMNON9"Noce AVAMOtl9'N OOZ N35S31vOn3O N3MIVOn30 NVId NOROMIGNOa ?1 C F e ' y 3 I . : S i }} ' j i E j i ! ? ? 2 t i K 4 , S 'I 7 i 00000 000000 p ?i 7 di <i; S t1E 3 t o i eIa> ROH - 05/13/13 RESOLUTION NO. 2013-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2013-02 AS CONDITIONED TO ALLOW THE HOURS OF OPERATION TO EXTEND FROM 6:00 A.M. TO 2:00 A.M., AND CONDITIONAL USE PERMIT NO. 2013-07 AS CONDITIONED TO ALLOW OPERATION AS A BANQUET FACILITY, FOR THE PROPERTY LOCATED AT 200 NORTH BROADWAY 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. Applicant is requesting approval of: Conditional Use Permit No. 2013-02 to allow the restaurant's hours of operation to extend from 6:00 a.m. to 2:00 a.m. as conditioned, and Conditional Use Permit No. 2013-07 to allow the restaurant to be used as a banquet facility as conditioned, for the property located at 200 Broadway. B. Santa Ana Municipal Code Section 41-2007 requires a conditional use permit for: businesses operating between the hours of 12:00 a.m. and 7:00 a.m., and the operation of a banquet facility. C. On May 13, 2013, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2013-02 and Conditional Use Permit No. 2013-07. 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 Section 41-638, have been established for Conditional Use Permit No. 2013-02 to allow for after hours operation: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed after-hours operation (opening at 6:00 a.m. and staying open from midnight to 2:00 a.m.) will provide an eating establishment use that will help the Downtown area become a destination point. Conditions have been placed on the after-hours operation will mitigate any potential Resolution No. 2013-06 Page 1 of 9 31 A-12 impacts created by the use and ensure that the use will not negatively affect the surrounding community. 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 after hours at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the operations that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will serve both individuals and the local and regional business community. Noise will be mitigated so that noise from the eating establishment will be contained to within 20 feet of the building. 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 both local and regional patrons an opportunity to eat from a local restaurant that will serve fresh and locally made food products. Moreover, the offering of a specialty delicatessen allows the Downtown to remain economically viable and contributes to the overall success of Downtown Santa Ana, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. 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 operating after hours pursuant to Chapter 41 of the Santa Ana Municipal Code. 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 delicatessen that offers fresh food enhances the retail use for the residents of Santa Ana and its location within a regional destination center, Downtown Santa Ana, contributes to the economic success of the city as a shopping and dining destination. Resolution No. 2013-06 Page 2 of 9 31 A-13 E. 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 Section 41-638, have been established for Conditional Use Permit No. 2013-07 to allow for a Banquet Facility: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed banquet facility will provide an eating establishment use that will help the Downtown area become a destination point. Conditions have been placed on the banquet use that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 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 banquet facility at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the operations that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will serve both individuals and the local and regional business community. Noise will be mitigated so that noise from the eating establishment will be contained to within 20 feet of the building. 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 both local and regional patrons an opportunity to eat from a local restaurant that will serve fresh and locally made food products. Moreover, the offering of a specialty delicatessen allows the Downtown to remain economically viable and contributes to the overall success of Downtown Santa Ana, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. 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 Resolution No. 2013-06 Page 3 of 9 31A-14 restaurant operating a banquet facility pursuant to Chapter 41 of the Santa Ana Municipal Code. 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 delicatessen that offers fresh food enhances the retail use for the residents of Santa Ana and its location within a regional destination center, Downtown Santa Ana, contributes to the economic success of the city as a shopping and dining destination. F. 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. 2013-20 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2013-02 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein and Conditional Use Permit No. 2013-07 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated May 13, 2013 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of May 2013 by the following vote: AYES: Commissioners: Alderete, Crespo, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Bacerra (1) Eric Alderete Chairman Resolution No. 2013-06 Page 4 of 9 31 A-15 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney BY: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013-06 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 13, 2013 . Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2013-06 Page 5 of 9 31 A-16 L_ EXHIBIT A Conditions for Approval of Conditional Use Permit Nos. 2013-02 and 2013-07 Conditional Use Permit Nos. 2013-02 and 2013-07 are 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 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 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. The approval of this conditional use permit must not be construed as the approval of a bar or cocktail lounge, nor as a nightclub or cabaret with entertainment and/or dancing and this establishment must not operate as such. 2. There will be no gatherings or parties at this location other than a Grand Opening event within 30 days of the beginning of opening or that are within the guidelines of the banquet conditional use permit. 3. Exterior patio and required rails are subject to a Public Works Agency Outdoor Dining Permit, and Planning Department approval. 4. Approval of a grease interceptor or grease trap is required by the Public Works Agency as required by the Fats, Oils, and Grease Ordinance (FOG). 5. The storage of delivery vehicles is not allowed at this location. 6. No use of delivery vehicles with more than three axels at this location. 7. This establishment must comply with Santa Ana Municipal Code Section 18-312 related to exterior noise. 8. Trash enclosure program shall be provided via plancheck submittal. 9. Sign permits (both permanent and temporary) are under separate submittal. 10. Special events are subject to a Land Use Certificate where such activities will take place outside of the restaurant building. Resolution No. 2013-06 Page 6 of 9 31 A-17 MAY 13, 2013 PAGE 2OF3 11. 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. 12. During those times when patrons are restricted to 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. 13. 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. 14. Any 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 25 patrons and only after Public Works Approval has been secured. 15. 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. 16. There shall be no exterior advertising of any kind or type, including window signs or other signs. 17. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be prohibited or subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ("SAMC") Chapter 11 - Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 18. 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. 19. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41-1701.6. Resolution No. 2013-06 Page 7 of 9 31 A-18 MAY 13, 2013 PAGE 3 OF 3 20. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 21. 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. 22. 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. 23. The 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. 24. A timed-access cash controller or drop safe must be installed. 25. Install a silent armed robbery alarm. 26. 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; handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s); verifying age/checking identification of patrons; warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity and the management of queuing lines. 27. 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. 28. Combined alcohol storage and display areas shall not exceed five percent (5%) of the gross floor area of the licensed establishment. Resolution No. 2013-06 Page 8 of 9 31 A-19 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd, Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2013-06 (Conditional Use Permit No. 2013-02 and Conditional Use Permit No. 2013-07) in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Jeff Hall 204 North Broadway, Suite Q Santa Ana, CA 92701 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on (date) at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2013-06 Page 9 of 9 31A-20