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HomeMy WebLinkAbout31A - CUP - BELLA COCINAREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2014-08 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR BELLA COCINA RESTAURANT AT 1501 WEST MACARTHUR BOULEVARD, UNIT A - J AERI, APPLICANT _ J CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -08 as conditioned. PLANNING COMMISSION ACTION On May 27, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -08 as conditioned by vote of 7:0 to allow a Type 41 Alcoholic Beverage Control license in order to sell beer and wine for on- premise consumption at the Bella Cocina restaurant located at 1501 West MacArthur Boulevard, Unit A in the General Commercial (C2) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Bella Cocina is a full service, 2,400 - square foot sit -down eating establishment that holds approximately 66 seats within its dining room and 45 seats in the outdoor seating area. The patio area is enclosed with 36 -inch high glass screens that are in compliance with all applicable City and State Department of Alcoholic Beverage Control's standards. 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 for the restaurant are from 11:00 a.m. to 9:00 p.m., seven days per week. Full sized plans are available for public viewing in the Clerk of the Council Office. FISCAL IMPACT There is no fiscal impact associated with this action. 4AkA-u- Karen Haluza Interim Executive Director Planning & Building Agency RS:rb mRepormcupi4A8 servo Cocina Type 41 ABC= Exhibit: A. Planning Commission Staff Report 31A-1 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 27, 2014 TITLE: PUBLIC HEARING — FILED BY JALIL HAERI FOR CONDITIONAL USE PERMIT NO. 2014-08 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR BELLA COCINA RESTAURANT AT 1501 WEST MACARTHUR BOULEVARD, UNIT A Prepared by Ricardo � Inte Executive ctor PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting PI nnin anager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2014 -08 as conditioned. Request of Applicant Jalil Haeri, representing Bella Cocina restaurant, is requesting approval of a conditional use permit for a Type 41 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine at 1501 West MacArthur Boulevard, Unit A. Establishments that sell alcoholic beverages require a conditional use permit (CUP) pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description Bella Cocina is currently operating within an existing multi - tenant commercial center on MacArthur Boulevard, just west of Bristol Street. The existing commercial center is approximately 2.5 -acres in size and contains 23,050 square feet of building area, as remodeled and expanded in 2011. The site parking and drive aisle are integrated with the adjacent 1,800 square foot drive- through restaurant. The Gateway Plaza project site includes three buildings with 11 tenant spaces, occupied by a variety of retail, medical office and restaurant uses. The Bella Cocina beer and wine license is proposed at 1501 West MacArthur Boulevard, Unit A, within a 2,400 square foot tenant space. A total of 152 on- site parking spaces are provided for the mixture of commercial uses in the center. The site is surrounded by multiple - family residential to the north and west, and commercial uses to the south and east (Exhibits 1, 2 and 3). Prolect Description Bella Cocina is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise sale of beer and wine as part of the existing eating establishment's operations. The restaurant is a full - service, 2,400- square foot sit -down eating establishment that holds approximately EXHIBIT A 31A-3 Conditional Use Permit No. 2014 -08 May 27, 2014 Page 2 66 seats within its dining room and 45 seats in the outdoor seating area. The proposed patio area is enclosed with 36 -inch high glass screens that are in compliance with all applicable City and State Department of Alcoholic Beverage Control's standards. 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 for the restaurant are from 11:00 a.m. to 9:00 p.m., seven days per week. The storage area for alcoholic beverages will be located on a display and within two coolers behind the service counter within the restaurant. The alcohol display and the two coolers total 40.4 square feet in size, which is 1.7 percent of the 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). Protect Background Bella Cocina occupies an existing tenant space in a multi -unit commercial center that previously housed an eating establishment until early 2013. Because the space was previously used for an eating establishment that did not hold a conditional use permit to allow the on -site sale of alcoholic beverages, a CUP is required to permit the sale of alcohol at the site. 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 General Commercial (C -2) zoning district. The C -2 zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning designation. Protect 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 No. 2014 -08 May 27, 2014 Page 3 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 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 permit. The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer and wine with their food throughout the establishment. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Additionally, 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 and wine 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 primary 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 nearby restaurants that also offer alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows the restaurant to remain economically viable and contributes to the overall success of the small, neighborhood- serving shopping center in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer and wine 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 only 1.7 percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the SAMC. 31A-5 Conditional Use Permit No. 2014 -08 May 27, 2014 Page 4 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 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. 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 Bella Cocina restaurant is located in a commercial area and is compatible with the surrounding commercial businesses and nearby residential uses. Police Department Analysis 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. The Police Department considered two factors when reviewing this type of application: crime rate and sensitive land uses. It has been determined that 1501 West MacArthur Boulevard is located in an area that has an average number of reported crimes when compared against all crime reporting districts and is considered average in police - related incidents based on standards established under Business and Professions Code Section 23958.4. This site is located within Reporting District No. 130. No sensitive uses were found in the immediate area that might be impacted by this action. As a result, the Police Department has evaluated the applicant's request and believes that the proposed ABC license will not adversely affect the surrounding community. Public Notification The project site is not located within the boundaries of any Neighborhood Association; however, the chairperson of the adjacent South Coast Neighborhood Association was contacted by staff to discuss the proposed project. The association president did not raise any issues during the telephone discussion. 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 and tenants within 500 feet of the project site and to the South Coast neighborhood association president. At the time of printing of this report, no areas of concern were raised, nor had any correspondence, either written or electronic, been received from any members of the public. 31A-6 Conditional Use Permit No. 2014 -8 May 27, 2014 Page 5 CEQA Comoliance 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 application is to approve an alcoholic beverage control license and allow the sale of beer and wine within an existing commercial building. Categorical Exemption Environmental Review No. 2014 -34 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 -08 as conditioned. i Ricardo Soto Planning Technician RS:jm rs:Reponskup' 4 -08 Bello Cocina Type 41 ABC-PC Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Existing Conditions Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31A-7 Vemy Carvajal Senior Planner I- Li u C, �- PR - rR'w 9 RI RI RI w. 4 � 175 - O Cl C3 R1 RI RI RI 1 � 1 c PbPRp P1FPD 91 I � CI I 1 I Al H.J 1 A I uu I tJ L J UJ n.' 77 -- 0 RI-PPA R1 1111 R4 I RI pl fll L RY RL- ROD RI -TRD - CI PRD PRO O RI fll - Rl PRD C4 at Ml MI M1 Nl W R1 - - R7 RI R RI C4 EIL pppp//����-�•B� \ C1 SD -4 fRV�E/}I�11 �- Rl R' ` sa I R4 Ri 91 R2 -PRD _ i -- MK ARMLIR BLVD. 0 E R1-PRD I pq C2 r I II PI RI - ^R1 RI II C2 CR R4 B SD -48 CR (d48 Rl F] 7F Al GENEMLA WLNRAI GSM SOUTRMMNSTREETCOMMERCMLCRSTRICT M PLANTED DEVELOPMENT �B PARMNGMOgFKAMN F FLOORAREAMTIO PRO PLANNEDRESIDMITIALDEVEWWWT Cl COM NITYCOMMEKIAL GC GOVERNM CENTER RI MNGLE- FAMKYRMDFNCE CI -MD COMMUNTIY COMMERCIAL-MUSEUM DISTRICT Mr UGWINOUSTRML R2 T .FAMILY RESIDENCE C2 GENEMLCOMMMCIAL M] NEAWIMUSTMAL R3 MLUIMMMILY RESIDENCE C3 ah(TIR WSRVESS MO MIUTARYOPERA1 s M SUBURBAN APARTMENT C3A CENIMLMSMSS- ARTISTTVIUAM 0 OPEA SPACE RE PESIOENRALESIIUE CA PLANNEDST KNGCEWISI -02 OVERLAY ZONE SO SPECIFKOE WMENT CS ARTERW. COMMERCIAL P PROFESSIONAL SIP SPECIFIC PUN CR COMMMR AESIDEWIAL KD PIANNEDMO NITYDEVFLCOMENT CUP 2014 -8 BELLA COCI NA TYPE 41 ABC e�i^ 1501 WEST MACARTHUR BOULEVARD, UNIT A _ - =SOO FEET I" =1000 FEET 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 VICINITY MAP EXHIBIT t 31A-8 M U L T I 0 C C M M E R C I A L F A M I L Y r R E S I D E N T I A L r xi a to IM 1-c O e MACARTHUR BOULEVARD MULTI W J FAMILY 0 C 0 M M E R C I A L RESIDENTIAL a CUP 2014 -8 BELLA COCINA TYPE 41 ABC;; 1501 WEST MACARTHUR BOULEVARD, UNIT A P L A N N I N G A N D 8 U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-9 CUP 2014 -08 BELLA COCINA TYPE 41 ABC 1501 WEST MACARTHUR BOULEVARD, UNIT A SITE PHOTO EXHIBIT 3 31A -10 Vmla a W." urns EXHIBIT 4 31A-1 1 L'L IyI Yi II II II II II yy Fm-1 EXHIBIT 5 31A-12 I rwlm 1% JI I iq yt� 5t of 1e L'L IyI Yi II II II II II yy Fm-1 EXHIBIT 5 31A-12 I rwlm 1% JI I iq ROH - 05/27/14 RESOLUTION NO. 2014 -16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -08 AS CONDITIONED TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1501 WEST MACARTHUR BOULEVARD, UNIT 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. Applicant is requesting approval of Conditional Use Permit No. 2014 -08 to allow a Type 41 Alcoholic Beverage Control (ABC) license for the property located at 1501 West MacArthur Boulevard, Unit A. B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption. C. On May 27, 2014, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -08. 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. 2014 -08 to allow for a Type 41 ABC license: 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 alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer and wine 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. Resolution No. 2014 -16 Page 1 of 8 31A -13 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 and wine 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 primary 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 guests and other visitors. Moreover, the offering of alcoholic beverages allows the restaurant to remain economically viable and contributes to the overall success of the small, neighborhood - serving shopping center in which it is located, 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 selling beer and wine 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 only 1.7 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? 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 Resolution No. 2014 -16 Page 2 of 8 31A -14 license provides a dining service to the residents of Santa Ana, as well as visitors to the surrounding 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. 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 Bella Cocina restaurant is located in a commercial area and is compatible with the surrounding commercial businesses 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. Categorical Exemption Environmental Review No. 2014 -34 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. 2014 -08 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 27, 2014 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 27th 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 Resolution No. 2014 -16 Page 3 of 8 31A-15 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. 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 -16 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 27, 2014. Date: Acting Recording Secretary of the Planning Commission City of Santa Ana Resolution No. 2014 -16 Page 4 of 8 31A -16 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2014 -08 Conditional Use Permit No. 2014 -08 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 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. Resolution No. 2014 -16 Page 5 of 8 31A -17 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. 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 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. 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 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. 14. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment pen-nit 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. 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. Resolution No. 2014 -16 Page 6 of 8 31A -18 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 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. 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. Resolution No. 2014 -16 Page 7 of 8 31A -19 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. 26. Alcoholic beverages in containers of less than 16 oz. cannot be sold by single containers for off -site consumption, but must be sold in pre - packaged multi -unit quantities. Resolution No. 2014 -16 Page 8 of 8 31A-20