HomeMy WebLinkAbout31A - CUP - 131 W 17TH STREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 3, 2014
TITLE:
CONDITIONAL USE PERMIT NO. 2014 -06 FOR A
TYPE 47 ALCOHOLIC BEVERAGE CONTROL
LICENSE FOR CHIPOTLE MEXICAN GRILL AT
1313 WEST SEVENTENTH STREET, SUITE A -
LIQUOR LICENSE SPECIALIST, APPLICANT
7� e
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
95T;T*71:TR
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2014 -06 as conditioned.
PLANNING COMMISSION ACTION
On May 12, 2014, the Planning Commission adopted a resolution approving Conditional Use
Permit No. 2014 -04 as conditioned by a vote of 7:0 which approved a 47 Alcoholic Beverage
Control license to allow the on- premise sale and consumption of beer, wine and distilled spirits at
a new Chipotle restaurant at 1313 West Seventeenth Street, Suite A located in the General
Commercial (C2) zoning district. The Planning Commission added a condition of approval
prohibiting the sale of alcoholic beverages for off - premise consumption to the recommended
conditions of approval outlined in the attached staff report (Exhibit A).
Chipotle Mexican Grill will be a full - service, sit -down restaurant that will feature an indoor dining
area, as well as an outdoor patio. The restaurant will be located in an existing building in the
Bristol Marketplace at 1313 West Seventeenth Street, Unit A that is currently vacant. The
approval of this CUP would allow for the sale and service of beer, wine and distilled spirits in
conjunction with food sales. Full sized site plans are available for public viewing in the Clerk of
the Council Office.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Karen Haluza
Interim Executive Director
Planning & Building Agency
MM:rb mm: reportMPC1CUP2014.08 1313W17t1.=
Exhibit: A. Planning Commission Staff Report
31A-1
31A-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
MAY 12, 2014
TITLE:
PUBLIC HEARING — FILED BY LIQUOR LICENSE
SPECIALIST FOR CONDITIONAL USE PERMIT
NO. 2014 -06 FOR A TYPE 47 ALCOHOLIC BEVERAGE
CONTROL LICENSE FOR CHIPOTLE MEXICAN GRILL
AT 1313 WEST SEVENTENTH STREET, SUITE A
Prepared by Melanie G. McCann
Interim Executi4 Director
PLANNING COMMISSION SECRETARY
APPROVED
•
As Recommended
•
As Amended
•
Set Public Hearing For
DENIED
•
Applicant's Request
•
Staff Recommendation
CONTINUED TO
Acting Fanning anager - - --
Adopt a resolution approving Conditional Use Permit No. 2014 -06 as conditioned.
Request of Applicant
Valerie Sacks, representing Chipotle Mexican Grill, is requesting approval of a conditional use
permit for a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise sale and
consumption of beer, wine and distilled spirits at a new restaurant. Establishments that sell
alcoholic beverages require a conditional use permit pursuant to Section 41 -196 of the Santa Ana
Municipal Code (SAMC).
Project Location and Site Description
Chipotle Mexican Grill has obtained building permits for tenant improvements to locate within the
Bristol Marketplace Shopping Center located at the northwest corner of Seventeenth Street and
Bristol Street. Substantially remodeled in the 1990s, the shopping center is comprised of
commercial space, retail and restaurant services. The overall center is approximately 36.15 acres in
size, including multiple underlying parcels, with 500,000 square feet of building area.
The Bristol Marketplace commercial area presently includes four large tenants: Target, CVS, Kohl's,
and Smart and Final. In addition to these tenants, the site includes seven smaller buildings occupied
by commercial and restaurant uses.. The Chipotle Mexican Grill is proposed at 1313 West
Seventeenth Street, Unit A, within a 2,263 square foot tenant space. A total of 2,179 on -site shared
parking spaces are provided at the Bristol Marketplace shopping center for a prescribed mixture of
restaurant and retail uses as approved by Variance No. 93 -2. The project site is surrounded by
commercial uses and Mendez Fundamental Intermediate School. Santa Ana College is located
across the street to the south of the subject property, with additional commercial and single - family
residence uses located to the east (Exhibits 1, 2 and 3).
EXHIBIT A
31A-3
Conditional Use Permit No. 2014 -06
May 12, 2014
Page 2
Prolect Descrintion
Chipotle Mexican Grill is requesting approval for a new Type 47 ABC license to allow the on- premise
sale of beer, wine and distilled spirits at the new eating establishment. The applicant anticipates
initially serving only beer at this location; however, is requesting the ability to serve a full line of
alcoholic beverages (Type 47 license) in order to give operational flexibility to expand its service to
include margaritas in the future. Specializing in a "fast - casual" Mexican -style restaurant, the
establishment will have approximately 72 seats within its 2,263 square foot tenant space, as well as
20 outdoor patio seats. The on- premise sale of alcoholic beverages to customers is intended to
provide a service ancillary to the primary restaurant use. The proposed hours of operation will be
11:00 a.m. toll 0:00 p.m. daily.
The storage and display of alcoholic beverages will be located in two areas; both of which are within
an employee -only area. Beverages will be stored in a display cooler located behind the counter and
in a small storage area. The total square footage dedicated to alcoholic beverage storage will be
approximately 23 square feet, representing one percent of the total gross floor area of the restaurant.
This percentage of alcohol storage area is below the Santa Ana Municipal Code's maximum for
eating establishments serving alcoholic beverages of five percent of the gross floor area of the
restaurant (Exhibits 4 and 5).
Project Background
A building permit was issued in March 2014 to begin tenant improvements for the Chipotle Mexican
Grill restaurant with anticipated grand opening date in summer 2014. The proposed restaurant will be
utilizing the tenant space previously home to a Blockbuster retail establishment. Chipotle restaurant
is a "fast casual" restaurant that specializes in fresh, healthy Mexican style dining. Established in
1993, there are now Chipotle restaurant locations throughout California, with two existing restaurants
in Santa Ana (City Place and East Seventeenth Street), and another proposed at Harbor Boulevard
and McFadden Avenue.
General Plan and Zoning Consistency
The General Plan land use designation for the Bristol Marketplace site is General Commercial (GC),
allowing a maximum floor area ratio (FAR) of 0,5. Areas designated as General Commercial are
intended to be activity areas in the City with a mixture of community serving commercial to provide
shopping, service, business and entertainment opportunities. The GC areas also provide important
neighborhood facilities and services, including restaurants. The project site is consistent with this
General Plan land use designation.
The zoning for the site is General Commercial (C2). The C2 zoning district allows for eating
establishments, such as the proposed restaurant, making the use consistent with the zoning code.
Further, the zoning allows for the issuance of a conditional use permit for the sale of alcoholic
beverages In conjunction with restaurant uses.
31A-4
Conditional Use Permit No. 2014 -06
May 12, 2014
Page 3
Proiect Analysis
Conditional Use Permit requests are governed by Section 41 -638 of the Santa Ana Municipal Code
(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.
• That the proposed use will not adversely affect the present economic stability or future economic
development of properties surrounding the area.
• That the proposed use wilt 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 permit.
The proposed alcohol beverage license will provide an ancillary service to the restaurant
customers to purchase beer, wine and distilled spirits with their meals. This will thereby provide
a benefit to the surrounding community by providing a restaurant with an additional and
complementary food- related amenity. Additionally, conditions have been placed on this
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.
31A-5
Conditional Use Permit No. 2014 -06
May 12, 2014
Page 4
The proposed use will not adversely affect the economic stability of the area, but will instead allow
the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale
to their patrons. Moreover, the offering of alcoholic beverages as an ancillary product to food
supports the establishment of a full- service restaurant. The proposed use will serve to re- tenant a
previously vacant building, thereby decreasing the number of vacant tenant spaces that may affect
the economic stability of the area.
As conditioned, the proposed Type 47 ABC license will be in compliance with all applicable
regulations and conditions imposed on an eating establishment business selling alcohol pursuant to
Chapter 41 of the Santa Ana Municipal Code. The business will be maintained as a bona -fide
eating establishment as defined by Section 23038 of the California Business and Professions Code,
having suitable kitchen facilities and supplying a variety of foods commonly ordered at various
hours of the day. Additionally, the restaurant will utilize only one percent of the gross floor area for
the display and storage of alcoholic beverages, which is below the maximum threshold established
by the SAMC.
The proposed use will not adversely affect the City's General Plan, Policy 2.2 of the Land Use
Element encourages land uses that accommodate the City's needs for goods and services. A full -
service restaurant with an ancillary alcohol license provides a dining service to the residents of
Santa Ana, as well as visitors to the surrounding Santa Ana College and Bristol Marketplace
shopping area. Further, restaurant and ancillary uses such as on- premise alcohol sales are
permitted within the General Commercial (GC) land use designation, The proposed project is not
located in a specific plan area in the City. Policy 2.8 of the Land Use Element promotes the
rehabilitation of commercial properties, and encourages increased levels of capital investment. The
building interior and exterior is in the process of being improved, representing a large capital
investment. Further, Policy 2.9 of the Land Use Element supports developments that create a
business environment that is safe and attractive. The physical improvement to the building will
create an enhancement to the existing center and promote commercial activity in the area. Policy
5.5 of the Land Use Element encourages development that is compatible with and supporting of
surrounding land uses. The Chipotle Mexican Grill restaurant is located in a commercial area and
is compatible with the surrounding commercial businesses, schools and nearby residential uses,
Police Department Analysis
The Police Department reviews conditional use permit applications for the sale and service of
alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated
with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the
Police Department analyzes the crime rate in the area using the standards and definitions contained
in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State
Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal
homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft,
combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations.
The Police Department then compares the number of such crimes in the reporting district as
31A-6
Conditional Use Permit No. 2014 -06
May 12, 2014
Page 5
compared to the number of crimes in other reporting districts. In keeping with the standard used by
ABC [Business and Professions Code Section 23948.4(a)(1)], should the Police Department
determine that the reporting district has a 20 percent greater number of reported crimes than the
average number found in all reporting districts, the Police Department will consider this information
in making its recommendation, which could result in a recommendation of denial.
The project site at 1313 West Seventeenth Street is located in Reporting District No. 123. This
reporting district is not 20 percent above the average for calls for service for all reporting districts;
the threshold established by the State for high crime. Although the site is located in an area of the
City that does not have a high crime area, conditions of approval are included as required by the
SAMC that are adequate to address any concerns and minimize the potential impacts of the
proposed ABC license.
Public Notification
The project site is located within the boundaries of the Riverview Neighborhood Association, and in
the vicinity of Artesia Pilar, West Floral Park, and Washington Square neighborhoods. The chair of
each of these respective Neighborhood Associations was mailed a notice 10 days prior to this public
hearing. Staff also contacted each Association representative to ensure they were informed of the
hearing and to discuss the proposed project. The project site itself 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 and occupants 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 for
further review per Section 15301. The Class 1 exemption allows the operating, permitting and
licensing of existing private structures with negligible or no expansion of the existing use. The
proposed sale of alcoholic beverages at a new restaurant is to be located within an existing
commercial building. Categorical Exemption Environmental Review No. 2014 -32 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 No. 2014 -06 as conditioned.
Melanie G. McCann, AICP
Associate Planner
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31A-7
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SerdidKiotz, AICP
Principal Planner
Conditional Use Permit No. 2014 -06
May 12, 2014
Page 6
Attachments;
Exhibit 1 — Vicinity Map
Exhibit 2 Location Map
Exhibit 3 - Site Photo
Exhibit 4 — Site Plan
Exhibit 5 — Floor Plan
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ED
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ROH — 05/12/14
RESOLUTION NO. 2014 -14
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2014 -06 TO ALLOW A TYPE 47
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE
PROPERTY LOCATED AT 1313 WEST SEVENTEENTH
STREET, SUITE A
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. The applicant is requesting approval of Conditional Use Permit No. 2014-
06 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 1313 West Seventeenth Street, Suite A.
B. Conditional Use Permit No. 2014 -06 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
May 12, 2014.
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 Planning
Commission to approve a conditional use permit upon making certain
findings:
1. Will 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 to purchase
beer, wine and distilled spirits with their meals. This will
thereby provide a benefit to the surrounding community by
providing a restaurant with an additional and complementary
food - related amenity. Additionally, conditions have been
placed on this 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. 2014 -14
31A-14 Page 1 of 8
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 the health or welfare of 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 nearby restaurants that also offer
alcoholic beverages for sale to their patrons. Moreover, the
offering of alcoholic beverages as an ancillary product to
food supports the establishment of a full - service restaurant.
The proposed use will serve to re- tenant a previously vacant
building, thereby decreasing the number of vacant tenant
spaces that may affect the economic stability of the area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed Type 47 ABC license will be in
compliance with all applicable regulations and conditions
imposed on a restaurant business selling alcohol pursuant to
Chapter 41 of the Santa Ana Municipal Code. The business
will be maintained as a bona -fide eating establishment as
defined by Section 23038 of the California Business and
Professions Code, having suitable kitchen facilities and
supplying a variety of foods commonly ordered at various
hours of the day. Additionally, the restaurant will utilize only
one percent of the gross floor area for the display and
storage of alcoholic beverages, which is below the maximum
threshold established by the SAMC.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
Resolution No. 2014 -14
31A-15 Page 2 of 8
The proposed use will not adversely affect but rather support
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 full- service restaurant with an
ancillary alcohol license provides a dining service to the
residents of Santa Ana, as well as visitors to Bristol
Marketplace and the surrounding Santa Ana College and
well - traveled Bristol Street corridor. Further, restaurant and
ancillary uses such as on- premise alcohol sales are
permitted within the General Commercial (GC) general plan
land use designation. The proposed project is not located in
a specific plan area in the City. The proposed project is not
located in a specific plan area in the City. Policy 2.8 of the
Land Use Element promotes the rehabilitation of commercial
properties, and encourages increased levels of capital
investment. The building interior and exterior is in the
process of being improved, representing a large capital
investment. Further, Policy 2.9 of the Land Use Element
supports developments that create a business environment
that is safe and attractive. The physical improvement to the
building will create an enhancement to the existing center
and promote commercial activity in the area. Policy 5.5 of
the Land Use Element encourages development that is
compatible with and supporting of surrounding land uses.
The Chipotle Mexican Grill restaurant is located in a
commercial area and is compatible with the surrounding
commercial businesses, schools and nearby residential
uses.
E. In accordance with the California Environmental Quality Act the
recommended action is exempt for further review per Section 15301. The
Class 1 exemption allows the operating, permitting and licensing of
existing private structures with negligible or no expansion of the existing
use. The proposed sale of alcoholic beverages at a new restaurant is to
be located within an existing commercial building. Categorical Exemption
Environmental Review No. 2014 -32 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana hereby
approves Conditional Use Permit No. 2014 -06 as conditioned in Exhibit "A" attached
hereto and incorporated herein. This decision is based upon the evidence submitted at
the above said hearing, which includes, but is not limited to: the Request for Planning
Commission Action dated May 12, 2014, and exhibits attached thereto; and the public
testimony, all of which are incorporated herein by this reference.
Resolution No. 2014 -14
31A -16 Page 3 of 8
ADOPTED this 121h day of May , 2014 by the following vote:
AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle,
Yrarrazaval (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
Eric Alderete
Chairman
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Ryan 0. Hodge
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ROSA BARELA, Acting Recording Secretary of the Planning Commission, do hereby
attest to and certify the attached Resolution No. 2014 -14 to be the original resolution
adopted by the Planning Commission of the City of Santa Ana on May 12, 2014.
Date:
Acting Recording Secretary of the
Planning Commission
City of Santa Ana
Resolution No, 2014 -14
31A -17 Page 4 of 8
Conditions for Conditional Use Permit No. 2014 -06
Conditional Use Permit No. 2014 -06 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.
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 from
the same menu 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 8:00 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.
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.
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.
Exhibit A
Resolution No. 2014 -14
Page 5 of 8
31A -18
MAY 12, 2014
PAGE 2OF4
7. 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. 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 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 25 patrons. If located on public
property those barriers 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 25 percent of window coverage. Floor displays shall
not exceed three feet in height.
12. There shall be no promotions encouraging intoxication or drinking contests or
advertisements indicating "buy one drink, get one free ", "two for the price of one ",
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.
Resolution No. 2014 -14
Page 6 of 8
31A -19
MAY 12, 2014
PAGE 3 OF 4
14. Live Entertainment, including but not limited to, amplified music, karaoke,
performers and dancing, is subject to compliance with Santa Ana Municipal Code
( "SAMC ") Chapter 11 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.
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 24 hours of being
applied.
20. Existing bona fide eating establishment and required parking must conform to the
provisions of Chapter 8, Article ll, 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 a 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.
Resolution No. 2014 -14
Page 7 of 8
31A-20
MAY 12, 2014
PAGE 4 OF 4
(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.
(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 percent (5 %) of
the gross floor area of the licensed establishment.
2-6-. A!Geh()!'G beverage-c; in Gentainers ef less than 46 A;z Gannet he sold by SiRgle
GGntainers, but must be sGId in pre paGkaged I:HU'ti .,•+ GIURRMOPIS (This
condition was proposed by staff to relate only to off - premise consumption,
but it is no longer necessary due to the addition of condition #27 by the
Planning Commission.)
27. The sale of alcoholic beverages for off - premise consumption is prohibited.
(Added by the Planning Commission on May 12, 2014.)
Resolution No. 2014 -14
Page 8 of 8
31A-21
31A-22