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HomeMy WebLinkAbout31B - CUP - 802 E WASHINGTONREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 18, 2016 TiTLE: CONDITIONAL USE PERMIT NO, 2016 -04 TO ALLOW A TYPE 74 ALCOHOL BEVERAGE CONTROL LICENSE AT THE BLINKING OWL DISTILLERY LOCATED AT 802 EAST WASHINGTON AVENUE — BRIAN CHRISTENSON, APPLICANT {STRATEGIC PLAN NOS. 3, 2,4) CITY MANP ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1B1 Reading ❑ Ordinance on Z' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016 -04 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on March 28, 2016 by a vote of 6,0 (Gartner absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016 -04 as conditioned which approved a Type 74 Alcoholic Beverage Control (ABC) license to allow educational tours, limited tastings, and limited direct sales at Blinking Owl craft distillery at 802 East Washington located in the Transit Zoning Code /Urban Neighborhood 2 (SD- 64/UN -2) zoning district, The Planning Commission modified a condition to require patrons attending special events to park at the Santa Ana Regional Transportation Center (SARTC) unless parking availabilities were limited, In which case a private valet/shuttle service would be required. The Planning Commission also added a condition to require an update from staff after one (1) year to discuss any operational impacts associated with the project, The conditions of approval are outlined in the attached staff report (Exhibit A). s Blinking Owl is requesting approval of a CUP to allow a Type 74 ABC license to allow educational tours, limited tastings, and limited direct sales of bottled distilled spirits to consumers. Pursuant to Section 41 -2007 of the SAMC, establishments offering alcoholic beverage sales or consumption require approval of a CUP; however, the use of the property as a manufacturing facility is permitted by right. The tenant is currently undergoing tenant improvements to establish a new craft distillery at the subject property. Full -sized site plans are available for public viewing in the Clerk of the Coun�i Office. 31 B -1 s . 1- April „ t Page I1�171T [!I►►fIr7f3111:��7ii.LiY� ►i�1� W r 11HATT9GIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objectives #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and #4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination). FISCAL IMPACT There Is no fiscal impact associated with this action. Hassan Haghani, AICP Executive Director Planning & Building Agency AP :rb apNaportAlItaft liaporla 1br 0MCUP1Q -4 Blinking Owl Type 74 AN= Exhibit A, Planning Commission Staff Report 31 B -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION DATE MARCH 28, 2016 TITLE. PUBLIC HEARING — FILED BY BRIAN CHRISTIANSON FOR CONDITIONAL USE PERMIT NO, 2016 -04 TO ALLOW A TYPE 74 ALCOHOL BEVERAGE CONTROL LICENSE AT THE BLINKING OWL DISTILLERY LOCATED AT 802 EAST WASHINGTON AVENUE (STRATEGIC PLAN NOS. 3,2; 3,4) Prepared by Ali Pezeshkpour PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended D Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO cu e Director e-- K Planning Mangy er RECOMMENDER ACTIONS Adopt a resolution approving Conditional Use Permit No. 2016 -04 as conditioned. Request of Applicant Brian Christianson, representing Jakosky Properties, Inc., is requesting approval of a conditional use permit (CUP) for a Type 74 Alcoholic Beverage Control (ABC) license to allow educational tours, limited tastings, and limited direct sales at Blinking Owl craft distillery, located at 802 East Washington Avenue. Establishments In the Transit Zoning Code that sell alcoholic beverages require approval of a CUP pursuant to Section 41 -2007 of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description Blinking Owl is currently in the process of pursuing tenant improvements to occupy a 5,596- square foot manufacturing space at the southeast corner of Washington Avenue and Santiago Street. The total square footage of all structures on site is approximately 20,038 square feet and the entire property is approximately 1.06 acres. The General Plan land use designation for the site is Urban Neighborhood (UN). The Urban Neighborhood land use designation applies to primarily residential areas with pedestrian oriented commercial uses, schools and small parks. The parcel is located within the Transit Zoning Code (SD -84) zoning district in the Urban Neighborhood 2 (UN -2) land use sub -zone. The property is also located in the Heavy Industrial overlay zone within SD -84 (OZ M -2), which allows properties presently used for industrial purposes to continue industrial land uses. The Heavy Industrial overlay designation allows manufacturing uses by right, making Blinking Owl craft distillery's manufacturing land use consistent with the zoning designation. Surrounding land uses include utility and commercial uses to the north, commercial and industrial uses to the east, industrial uses to the south, and commercial and industrial uses to the west across Santiago Street (Exhibits 1, 2 and 3). EXHIBIT A 31 B -3 CUP No. 2016 -04 March 28, 2016 Page 2 Proiect Description Blinking Owl is requesting approval of a CUP to allow a Type 74 ABC license to allow educational tours, limited tastings, and limited direct sales of bottled distilled spirits to consumers. Pursuant to Section 41 -2007 of the SAMC, establishments offering alcoholic beverage sales or consumption require approval of a CUP; however, the use of the property as a manufacturing facility is permitted by right. The tenant is currently undergoing tenant improvements to establish a new craft distillery at the subject property. The distillery will occupy a 5,596- square foot portion of a multi -unit industrial building. The tenant space will contain a manufacturing area with distillery equipment, offices, and an area for public tours and service with an alcohol service area and moveable furniture. The tenant space has been designed to comply with State Department of Alcoholic Beverage Control standards for establishments that produce distilled spirits and offer tours, tastings, and sales to the public (Exhibits 4 and 5). The proposed hours of operation for the tasting room and tours that are open to the public are Friday from 3:00 p.m. to 6:30 p.m., Saturday from 11:00 a.m. to 6:00 p.m., and Sunday from 12:00 p.m. (noon) to 4 :00 p.m. Tours and tastings are to be scheduled by appointment only on Monday through Thursday. Proiect Backgraund In October 2015, Governor Brown approved Assembly Bill No. 1295 and signed into law the Craft Distillers Act of 2015. The Act resulted in the new Type 74 ABC license to allow production, limited tastings, tours, and limited sales to consumers of distilled spirits. The Type 74 ABC license responds to a rapidly- emerging industry of craft distillers throughout the United States. In California, 50 facilities currently manufacture distilled spirits; the Type 74 ABC license would allow these facilities to open to the public. The applicant filed a CUP application in January 2016 to allow a Type 74 ABC license at the subject location. If approved, Blinking Owl would be the first "grain to glass" distillery in Santa Ana and Orange County. To minimize any impacts to the residential uses in the vicinity, all operations, including tours and tastings, will be conducted within the building. State regulations for the Type 74 ABC license limit the amount of production and sales at craft distilleries. The license allows the production of up to 100,000 gallons of distilled spirits per fiscal year (excluding brandy). Facilities can package, export, and sell only their own products to primarily wholesalers and other manufacturers but not directly to retailers, with the exception of limited sales to consumers at each site. Craft distillers may sell up to 2.25 liters of their own pre - packaged product in conjunction with instructional tastings or tours that occur on the premises. The license also allows on -site tastings of the facility's own craft limited to a 1.5 -ounce pour per person daily. 31 B -4 CUP No. 2016 -04 March 28, 2016 Page 3 Project Analvsis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Section 41 -2007 requires a CUP for establishments in the Transit Zoning Code (SD -84) selling alcohol for on -site or off -site consumption. Staff has prepared the following analysis, which in turn forms the basis for the recommendation contained in this report. In analyzing this conditional use pen-nit request, staff believes that the following findings of fact warrant approval of the CUP. The educational tours, tastings, and sale of alcoholic beverages to customers are intended to provide a service ancillary to the primary manufacturing use. Manufacturing operations on the premises are proposed from 7:00 a.m. to 7:00 p.m„ making the limited tastings and tours ancillary to the manufacturing use. This will thereby benefit the community by providing a unique manufacturing use with an additional and complementary amenity that is open to the public. The granting of the CUP will allow the distillery to compete with other craft distillers in Santa Ana and Orange County that may also offer similar services to the public, allowing Blinking Owl, a local small business, to remain economically viable. The proposed license will contribute to the evolving mixed -use neighborhood in which it is located, which has welcomed new commercial and industrial tenants in recent months. Moreover, all tours, tastings, and sales to consumers will take place inside the manufacturing facility's building, helping to reduce potential impacts to the surrounding neighborhood. The proposed license will not adversely affect the General Plan. The granting of this CUP supports several policies contained in the General Plan. These include policies supporting: the provision of a diverse range of goods and services, creating a safe and attractive business environment, and encouraging development that is compatible with nearby land uses. Finally, the proposed conditions of approval will mitigate potential impacts from the Type 74 ABC license. 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 compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that 31 B -5 CUP No. 2016 -04 March 28, 2016 Page 4 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. The project at 802 East Washington Avenue is located in Reporting District No. 205. This reporting district is not 20 percent higher than the average number of reported crimes in all reporting districts. In addition, the Police Department contends that the proposed conditions of approval will mitigate any potential negative impacts to the surrounding community. As a result, the Police Department is supportive of the applicant's request. Public Notification On February 4, 2016, the applicant held a community meeting at the Santa Ana Regional Transportation Center where he presented information about the project to the community. In addition, staff from the Planning and Neighborhood Initiatives Divisions attended and, together with the applicant, answered questions related to planning processes and the subject development. Community members also shared neighborhood -level concerns about potential impacts of the facility, as well as neighborhood -level concerns about parking, traffic, vandalism, pollution, area transients, and pedestrian safety. The project is located within the boundaries of the Logan Neighborhood Association. Staff contacted the president of the Logan and nearby French Park and Lacy neighborhood associations to ensure that they were notified of this project and to identify any areas of concern. The project site was also 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. At the time of this printing, no correspondence, either written or electronic, had been received after the community meeting. CEQA Compliance In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow onsite tours, limited tastings, and limited direct sales to consumers within an existing structure. No expansion of square footage or interior reconfigurations of square footages are proposed as part of the project. Strategic Plan Alissnment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objectives No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and No. 4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination). RIUM CUP No. 2016 -04 March 28, 2016 Page 5 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2016 -04 as conditioned. Ali Pezeshkpour, AICP Associate Planner AP:jm apVeports \Staff Reports for PC\CUP'16 -4 Blinking Owl Type 74 ABC.pc Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31 B -7 SEVENTEENTH ST X 0 cS ci RI Ri Mt A'$S RI ti c C2 M2 E L ED LID! 5F-3 ni '0 Ll 113 sp-3 4 TV p sp.3 TV TV F ,Ni GCD 9 UNQ M., tic uc. -'UC, Fu, tD ,J,a M2 U 2 a UNZ UN2 DR) UN2 UN2 DT DT URRI L�.Nll UN2 MUNI' CD uc CDR =CD'I-- VC" RE E� J. 9-1 L -i r-----i r FIRST ST. Al ONSIALAMWLTURALt cri MMMEROALREDOMAL RI %GJ�FAMILYFTSOHGAL �a RAWNGMCIORICAMON G, GOVO•NMWTCelflS �2 TAOFANIll.YfaDENCE GSA OWMERCIALSOUTHMAIN mi GYMNDMRAL SO MuLlIRCOENSTYMULTIPLE Cl COMMUNWOOMMEMAL M2 HISAVYINOUSMAl. FAMID(REMME CI�MO COMM COMMFFOAUMU$UNI 01SITICT mo MIUTAWOKFAITONS 94 9JPA"NAMRTM84TS C2 GEMERALCOMMETUAL 0 Op5qS510E POIDDRALETATE 0 CeVRALBUSNES p PROFEMNAL 97 SrmrlcnFvELoflmff4T aA CSlTRA-Mj9Ne35ARlISTMLLAM FM BANNED COMMUNITY DEVELOrMW 9DWFICPLAN C4 PLANNED&IONINGMIDER PFU PLANNFD FEDMFRALOEMOM1C-NT C5 ARTERALCOMMERCIAL CUP 2016-04 BLINKING OWLTYPE 74 ABC 802 EAST WASHINGTON AVENUE =son RM7 I" =1000 FEET P L A N N I N G A N 0 B U I L D I N G A G E N C Y EXHIBIT I .,a 116ta-lop J J _q COMM RCIAL z w wo z V1 WASHINGTON AVENUE C.OMM, o a Zp c S. ,R PROJECT s 'SITE no 1p INDUSTRIAL ~ PC y w J w uj fps S. F. R. v o INDUSTRIAL ? - G w Ln 9 2pG 4 INDUST. G U tr n OPEN i SPACE vr, CUP 2016 -04 BLINKING OWLTYPE 74 ABC t\ 802 EAST WASHINGTON AVENUE s';N P L A N N I N G A N D 8 V I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 B -9 CUP 2016 -04 BLINKING OWL DISTILLERY 802 EAST WASHINGTON AVENUE SITE PHOTO A92i b MU I VINUQAIIVI I VNV VINVS I aAV NOIONIHSVM 3 Uv U AMMUSIa HMO ONDIN119 1 -PORM M 1 sum I Ho In 1h a gnaw 1 I NOW THM led W H U 1 qu q an Pun Rg 110 HIM W1 1 1 IL , 11 E 009 HM ju U! P 1 sh a 1, U No 11; in lop up Ekq M HIM M It 1 11 N NO' Hit, W W I WIN 10 Us; U I a v IM! NORM; ---- ---- -- Y - - --- ._. - -- lip (ES EXHIBIT 4 I U-CCII LOLZO I VINVOdIIVO I VNV VINVS I 3AV NOIONIHSVM 3 UO II AHMUSIO IMO 9NDIN119 wilyM H - i 7 31 EM05 yr 7 ZHU 991 IT K�T"T OR ow F-71 rM CT jFr� FU:JFP Q, ISO I ME AK Big n, Ji al 31 EM05 yr LS 3.28.16 RESOLUTION NO.2016 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016 -04 AS CONDITIONED TO ALLOW A TYPE 74 ALCOHOL BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 802 EAST WASHINGTON AVENUE 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. 2016 -04 to allow a Type 74 Alcoholic Beverage Control (ABC) license at the property located at 802 East Washington Avenue. B. Santa Aria Municipal Code Section 41 -196 requires approval of a conditional use permit for establishments wishing to sell alcohol for on- or off - premise consumption. C. On March 28, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016 -04. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2016 -04 to allow a Type 74 ABC license: 1. That the proposed use wilt provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed Type 74 ABC license will provide an ancillary service to the manufacturing facility by allowing the facility to offer tours, limited tastings, and limited sales to consumers. This will thereby benefit the community by providing a unique manufacturing operation with an additional and complementary public service. Standards and conditions are applicable to 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. 2016 -xx 31 B -13 Page 1 of 7 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed Type 74 ABC license will not be detrimental to persons residing or working in the vicinity because conditions of approval to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. This is primarily a manufacturing use and the addition of alcohol sales and tastings to the public will be ancillary to the main use as a craft distillery. In addition, the use will occur within the premises, mitigating any potential impacts to the surrounding neighborhood. Finally, the sale of alcohol at the facility is intended to be incidental to the primary use as a manufacturing operation. 3. That the proposed use will not 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 manufacturing facility to compete with other nearby craft distilleries in Orange County that also offer tours, limited tastings, and limited sales to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow the operator to remain economically viable and contributes to the overall success of the Transit Zoning Code area, helping to decrease the number of vacant spaces that may affect the economic viability of the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed project will be in compliance with all applicable regulations and conditions Imposed on a manufacturing facility selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a manufacturing operation, having all necessary equipment to operate primarily as a craft distillery, and producing spirits as a manufacturing operation with ancillary alcohol service that is open to the public. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. Resolution No. 2018 -xx 31B-14 Page 2 of 7 The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of unique manufacturing facilities, including a craft distillery, meets the City's needs for goods and services for residents and visitors. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The operator's tenancy contributes to the maintenance and viability of the repurposed industrial building in which it is located. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval for the proposed Type 74 ABC license will maintain a safe and attractive environment in the neighborhood. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The facility will be located in a mixed industrial, commercial, and residential area and its operations will be compatible with the surrounding industrial and commercial businesses and will minimize impacts to residential properties in the vicinity. E. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow onsite tours, limited tastings, and limited direct sales to consumers within an existing manufacturing operation. No expansion of square footage or interior reconfigurations of square footages are proposed as part of the project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016 -04 as conditioned in Exhibit "A " attached hereto and incorporated herein for the project located at 802 East Washington Avenue. This decision is based upon the evidence submitted at the Resolution No. 201 G -xx 31 B -15 Page 3 of 7 abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated March 28, 2016, and exhibits attached thereto; the Request for Planning Commission Action dated March 28, 2016, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 28" day of March, 2016. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 28, 2016. Date: _ Acting Recording Secretary City of Santa Ana Resolution No. 2016 -xx 31 B -16 Page 4 of 7 Conditions for Approval far Conditional Use Permit No. 2016.04 Conditional Use Permit No. 2016 -04 for a Type 74 Alcoholic Beverage Control license 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 P rior 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 operator of the establishment shall submit to the Planning Division three (3) copies of a program /schedule one month before any special event at the premises for review by the Planning Division, Police Department, and Public Works Agency. Special events shall include, but not be limited to, a grand opening event, promotional events, weddings, ceremonies, celebrations, anniversaries, and similar occurrences that create the possibility of generating noise and parking impacts to the surrounding community beyond the normal impacts of the day -to -day operations at the manufacturing facility. The program /schedule must contain details on proposed or scheduled events, including the type of event, relevant groups /organizations, dates, hours and duration, expected attendance, and any other pertinent information. 2. The operator of the establishment shall provide a valet service and /or transportation service to all attendees of special events. If providing a valet or transportation service, it shall be the operator's responsibility to obtain all necessary approvals by City agencies prior to offering such service. 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 facility during all times that alcoholic beverages are being served or consumed. Resolution No. 2010 -xx 31 B -1 7 Page 5 of 7 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. 7. 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, 8. 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, 9. 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. 10. 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. 11. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is prohibited or shall be 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. 12. 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. 13. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.8. 14. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 15. 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. Resolution No. 2016 -xx 31 B -1 8 page 6 of 7 15. 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. 17.The facility 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 compiled with. 18. A timed - access cash controller or drop safe must be installed. 19. Install a silent armed robbery alarm. 20.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. Resolution No. 2018 -xx 31 B -19 Page 7 of 7 31 B -20