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HomeMy WebLinkAbout31A - CUP - 515 N MAIN STCITY COUNCIL MEETING DATE: AUGUST 16, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016 -22 TO ALLOW INDOOR COMMERCIAL RECREATION AT THE MCFADDEN PUBLIC MARKET RESTAURANT LOCATED AT 515 NORTH MAIN STREET - JOHN CHEN, APPLICANT {STRATEGIC PLAN NO. 3,21 CI Y MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _T•;• r ❑ As Recommended ❑ As Amended ❑ Ordinance on Is' 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. 2016 -22 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on July 25, 2016, a vote of 4:0 (Alderete & Verino absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016 -22 as conditioned to allow indoor commercial recreation at the McFadden Public Market restaurant at 515 North Main Street located in the Specific Development No. 84 (SD -84) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION The McFadden Public Market proposes to occupy the entire building as a full - service restaurant and bar facility with indoor entertainment in the form of a 1980s gaming arcade. Although the arcade would be ancillary to the restaurant use, it will be distributed among both floors of the restaurant space and will include classic games such as pinball, foosball, and classic video games such as Pac Man and Donkey Kong. Full -sized site plans are available for public viewing in the Clerk of the Council Office. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). 31A-1 CUP No. 2016 -22 — McFadden Public Market at 515 North Main Street August 16, 2016 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. ,Hassan Hagha , AIC Executive Director Planning & Building Agency HS:rb Hs:/ /McFaddenPublicMarket/CUP -16 -22 McFaddenPublicMarket.cc Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST s r• JULY 25, 2016 TITLE: PUBLIC HEARING — FILED BY JOHN CHEN FOR CONDITIONAL USE PERMIT NO. 2016 -22 TO ALLOW INDOOR COMMERCIAL RECREATION AT THE MCFADDEN PUBLIC MARKET RESTAURANT LOCATED AT 515 NORTH MAIN STREET {STRATEGIC PLAN NO, 3,2) Prepared by Hally Soboleske Executive Dlrector 11_ - PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED 0 Applicant's Request 0 Staff Recommendation CONTINUED TO Planning Manager � —�� RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2016 -22 as conditioned. Request of Applicant John Chen is requesting approval of a conditional use permit (CUP) to allow the operation of a restaurant offering an accompanying gaming experience at 515 North Main Street. Establishments that provide indoor commercial recreation require conditional use permits pursuant to the Specific Development 84 (SD -84), and specifically Section 41 -2007, of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The applicant is in the process of completing work and associated permits for tenant improvements to operate the McFadden Public Market within an existing two -story 9,950 - square -foot historic building located mid -block on the east side of Main Street between Santa Ana Boulevard and Fifth Street. Parking is provided in a small parking lot to the rear (east) of the building, as well as in public parking structures located in several Downtown areas. The site is surrounded by medical offices to the north and south, and commercial offices and dental offices to the west (Exhibits 1, 2 and 3). The proposed use will occupy the entirety of the building historically known as the McFadden Public Market located in the Downtown National Register District. The applicants propose to retain the name for their restaurant. Constructed in 1919 and remodeled in 1930, the building is individually listed on the Santa Ana Register of Historical Properties as "Key" due to its distinctive architectural style and quality and its association with Robert and James McFadden, important individuals during a significant period in the history of the City of Santa Ana. Additionally, the building is a contributor on the National Register and California Register. No major exterior fagade changes are proposed, other than the restoration of the upper floor windows from tinted to clear glass. EXHIBIT A 31A-3 CUP No, 2016 -22 July 25, 2016 Page 2 Protect Descriotion The McFadden Public Market proposes to occupy the entire building as a full-service restaurant and bar facility with indoor entertainment in the form of a 1980s gaming arcade. Although the arcade would be ancillary to the restaurant use, it will be distributed among both floors of the restaurant space and will include classic games such as pinball, foosball, and classic video games such as Pac Man and Donkey Kong (Exhibit 4). Food service will be made available during all business hours. The proposed gaming use requires the approval of a conditional use permit as a commercial recreation facility. Both the first and second floor will provide both men and women's bathroom facilities, and the kitchen will be located on the main floor. Bar seating is proposed on both floors, along with dining tables and comfortable seating nooks. Storage will be mainly provided on the first floor near the kitchen area. The facility will serve breakfast, lunch, and dinner and proposes operation from 5:00 a.m. to 2:00 a.m. The location maintains an active on -site Alcoholic Beverage Control (ABC) license, banquet use, and entitlements for after - hours, The applicant will also utilize age restrictions to ensure that the facility remains in compliance with local curfew laws, These laws allow minors to access the site between 3 :00 p,m. and 10:00 p.m. Monday through Friday of each week as well as Saturday and Sunday before 10:00 p.m. Vacation days and school holidays are exempted from the curfew law's restrictions, as are minors accompanied by a parent or legal guardian. In addition to its normal operations, the McFadden Public Market will also host private parties for individuals who rent all or part of the facility. Project Background Since its construction in 1919, the McFadden Public Market has contained a variety of land uses including restaurants, retail, and an open market place such as the Grand Central Market in both Santa Ana and Los Angeles. The building was remodeled in 1930, then damaged and repaired due to the 1933 earthquake. In 1984, it was designated to the National Register of Historic Places as a contributor to the Downtown Historic District. The property Is designated to the Santa Ana Register of Historical Properties and is significant for its Spanish Colonial Revival style of architecture and is association with Robert and James McFadden, brothers, farmers, landowners, lumber yard owners and entrepreneurs. In 2011, the tenant obtained entitlements for an ABC license, after -hours operation, and a banquet hall. The entitlements were still in place when Karmina took over the space, and remain in good standing. 31A-4 CUP No. 2016 -22 July 25, 2016 Page 3 General Plan and Zonina Consistenc The General Plan land use designation for the site is District Center (DC). District Center land -use districts provide bustling and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services. The Downtown District portion of the District Center serves as one of the County's major employment and governmental operations centers complemented with a mix of residential, commercial, and service uses to enhance urban vibrancy, The site and McFadden Public Market restaurant are consistent with the intent of the General Plan land use designation. The parcel is located within the SD -84 zoning district and maintains a Downtown (DT) sub- zone. The SD -84 zoning district allows for retail and service uses such as restaurants, banquet facilities, and indoor commercial recreation facilities, making the proposed McFadden Public Market restaurant consistent with the zoning designation. Proiect Analvsis 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. • 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 these conditional use permit requests, staff believes that the following findings of fact warrant approval of the conditional use permit. 31A-5 CUP No. 2016 -22 July 25, 2016 Page 4 The proposed indoor commercial recreation conditional use permit will allow the tenant to operate a 1980's style gaming arcade in conjunction with a full- service restaurant. Patrons will be charged to use the use the arcade games as a form of entertainment while they wait for their meals to be prepared or as a leisure activity. Conditions of approval have been placed upon the use in order to mitigate potential concerns or impacts that arise from operating an arcade in conjunction with a restaurant that operates after -hours and serves alcohol. The following findings support the recommendation of approval for the indoor commercial recreation conditional use permit. The proposed indoor commercial recreation venue will provide a service to the community by allowing an additional recreational use within the City and by adding a use to Downtown that will complement the existing commercial uses, such as retail and dining, within the vicinity. Conditions of approval will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The McFadden Public Market restaurant will offer a unique dining experience with indoor entertainment to encourage patrons to rest. This unique use will contribute to the diversification of the range of goods and services available to the Downtown and Citywide patrons. The proposed conditional use permit for an adjunct arcade facility at this location will not be detrimental to persons residing or working in the vicinity as conditions have been placed on the use that will mitigate any potential negative or adverse impacts created by the typical operations. The tenant will maintain training and staffing required in order to ensure that the facility remains compliant with local and State laws. In addition, the use will occur within the interior of the premises, with no outdoor entertainment use proposed at the location. Staff and security personnel will maintain the area's order, preventing impacts to adjacent sidewalks or streets from pedestrian activity or vehicular circulation. The tenancy of the McFadden Public Market restaurant, located on one of Downtown's most important corridors (Main Street), will enhance the safety of the immediate vicinity by reducing vacancy at the site and bringing more activity to the area, thereby enhancing security in the surrounding area. The proposed use will not adversely affect the economic stability of the area but will instead allow the facility to draw patrons and become successful, thereby reducing the vacancy rate in the McFadden Public Market building and creating the possibility for patrons to support other local, complementary uses such as retail stores, service uses, or restaurants. The conditional use permit will allow the McFadden Public Market restaurant to operate in a unique way thereby contributing to the overall success of Santa Ana's Downtown by reducing vacancies, promoting the success of a local business, and allowing the facility's patrons the ability to support other local businesses. 31A-6 CUP No. 2016 -22 July 25, 2016 Page 5 As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an indoor commercial recreation facility pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be primarily maintained as a full- service restaurant with ancillary arcade facilities and staff available to ensure that the use remain in compliance with the City's curfew laws and with the standards in place to maintain order. The proposed use will not adversely affect the General Plan requirements. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 22 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a venue that offers arcade gaming offers additional recreation options for Santa Ana residents and visitors. The granting of this conditional use permit also contributes to the development of Downtown Santa Ana as a regional destination. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The tenant improvements underway, as well as the long -term maintenance of this historic building, which holds "Key" status on the local register of historic buildings leads to the length of service this historic building may provide. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval have been placed on the proposed ancillary indoor entertainment that will maintain a safe and attractive environment in Downtown Santa Ana. Complementing this, 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 commercial area and its operations will complement and will be compatible with the surrounding commercial businesses. Public Notification The project is located within the boundaries of the Lacy Neighborhood Association. Staff contacted the presidents of the Lacy and the nearby Downtown 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, by phone, 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 operation, repair, maintenance, permitting, or leasing of existing structures. 31A-7 CUP No. 2016 -22 ,July 26, 2016 Page 6 The project proposes to operate an ancillary arcade within a full- service restaurant and within an existing structure. Categorical Exemption Environmental Review No. 2016 -61 will be filed for this project. Strategic Plan Alignment 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). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2016 -22 as conditioned. Hal y Soli if Senior PI nner HS:jm lis;11MGFaddenPubllcMarka000P -16.22 MCFaddenPubllcMarket.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Floor Plans 31A-8 S ve laam L1 c, (i, ; 1 cs � sP.a L'5 -.,P FP S, ll C, Cl MI, 1 -- - `� - '�y 'r ' Rd n m cr x Ru. A, Rt A3- A3- R3- 2 R nc I SP3 • SP -3 O -Iq'we IV)II IlnR IPon y I R0. RA `� PI Y nup Pnn xou "" E SV sP ST 0.� IO P} � N! a a v - G ki F RI P-3 k1 t Rt SRI u2 xull xpu D R3. � xne sp I R3 _ S 8 SP -3 3Y SP SV Rl tl� NJ D xv xno m2 � m � Si'•3 ti azu R2 R2 A, P P R2 s3 Az swl k1 � R1 Al N, Pz R2 P 5D, SPA aP ux R2 R1 R2 R 2 R2 P Fsz,3 Rt ki k1 m nua P P P P SPd 3I' -3 SP-3 P.4 SP.7aP D .n, \ \ soxo 5U -20 O ❑ SP -3 I °s O''I(I/'� \ \] N I H FCC , �sD -84% GC PD! � UN2�^ nR GC + : ■ UC Y c uc DT DT DT OT R UN2 a v DT DT DT OT * ( 0 DT FQT DT ,UN2 ^UN2 T DF DT P DT. a P P zoss sons DT DT �I W 0 N 0 DT SD -13 SD -2 m N$� b"T b'I' DT UN1 CDR P a� SUi U[b7+ Ftasr Al L-HR LA6 CUMMLT OR OWMEMALFaDE'fRAL RI "ANrMFAMILYF,ADEYMI. -B FAFNNGMODIACAlON w (}1V M5 CWTB q I FAMILYFEAOD D5N COMMEFDAMUIIAMAIN Mt UMTINDUSM& F2 MULTIMD NSTYMULTi Ci OOMMUNITYOCMMECMAL M2 flMWINDUSMAL FAMILYREMDME CI40 00 MOOMMMAUMMMMOISPICf MD MIUTARYOFEFATIONS PA SMd NAFMIMMTS C2 (33RFMLOOM7MMAL 0 ORNWE iE F DWALESTAM C3 W'MLEUSNEa3 P MOFESSOW.L E S�MFICDLVB.OFMINT C A W WLDWNE5 AMTMUA FCD F NNM OOMIMUNfIY MOFMW 2' S3MHGRAN CA PANNED840FTNCCUffER F(m FLANNEDRPIDLMI&DDALOFMLM C5 WRALCMIMEROAL CUP 2016 -22 f; McFADDEN PUBLIC MARKET w,l, u'P 515 NORTH MAIN STREET — —. 500 FEET 1 " =1DOG FEET P L A N N N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 31A-9 SANTA ANA OFFICE OFFICE CHURCH FIFTH COMMERCIAL PARKING STRUCTURE fnTumppriall Q COMMERCIAL �W OF �.n BOULEVA OFFICE i i RE PARKING STRUCT RE COMMERCI L FOURTH STRE � IF- 0 1 CUP 2016-22 McFADDEN PUBLIC MARKET 515 NORTH MAIN STREET, 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 LAND USE MAP EXHIBIT 2 31A -10 CIVIC CENTER DRIVE OFFICE M SEUM U E— OFFICE CHURCH w w F F w w POST OF w COMMERCIAL w ~ H CHURC `n F- I-- `n [CHURCH SANTA ANA OFFICE OFFICE CHURCH FIFTH COMMERCIAL PARKING STRUCTURE fnTumppriall Q COMMERCIAL �W OF �.n BOULEVA OFFICE i i RE PARKING STRUCT RE COMMERCI L FOURTH STRE � IF- 0 1 CUP 2016-22 McFADDEN PUBLIC MARKET 515 NORTH MAIN STREET, 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 LAND USE MAP EXHIBIT 2 31A -10 EXHIBIT 3 31A-1 1 - EXHIBIT 4 Page 1 of 2 31A -12 § K( \\ ®o Q ° «| § j f X. =m r , § o (! « k\ 3 k ƒ \ % \ !k d \ � ± !` . E E x \ \ / . \ { x 2 ' \ LL \ -- �� - - - —, . ON �\ �) — - - - - - -- �j Page «! 21A.12 LS 7.25.16 RESOLUTION NO. 20'16 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016 -22, AS CONDITIONED, TO ALLOW INDOOR COMMERCIAL RECREATION AT 515 NORTH MAIN STREET 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 -22 to allow Indoor Commercial Recreation at 515 North Main Street. B. Santa Ana Municipal Code Section 41 -2008 (Table 2A) requires approval of a conditional use permit for Indoor Commercial Recreation in the Downtown (DT) zone. C. On July 25, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016 -22. 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 -2008 (Table 2A), have been established for Conditional Use Permit No. 2016 -22 to allow Indoor Commercial Recreation: E, Will the proposed use provide a service or facility that will contribute to the general well -being of the neighborhood or community? The proposed indoor commercial recreation venue will provide a service to the community by allowing an additional recreational use within the City and by adding a use to Downtown that will complement the existing commercial uses, such as retail and dining, within the vicinity. Conditions of approval will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The McFadden Public Market will offer a unique dining experience with indoor commercial recreation to encourage patrons to linger. This unique use will contribute to the diversification of the range of goods and services available to the Downtown and Citywide patrons. 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? Resolution No. 2016 -xx Page 1 of 7 31A -14 The proposed conditional use permit for an adjunct arcade facility at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the use that will mitigate any potential negative or adverse impacts created by this type of operation. The tenant will maintain training and staffing required in order to ensure that the facility remains compliant with local and State laws. In addition, the use will occur within the interior of the premises, with no outdoor operations proposed at the location. Staff and security personnel will maintain the area's order, preventing impacts to adjacent sidewalks or streets from pedestrian activity or vehicular circulation. The tenancy of the McFadden Public Market restaurant, located on one of Downtown's most important corridors (Main Street), will enhance the safety of the immediate vicinity by reducing vacancy at the site and bringing more activity to the area, thereby enhancing security in the surrounding area. G. 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 facility to draw patrons and become successful, thereby reducing the vacancy rate in the McFadden Public Market building and creating the possibility for patrons to support other local, complementing uses such as retail stores, service uses, or restaurants. The conditional use permit will allow the McFadden Public Market to operate in a unique way thereby contributing to the overall success of Santa Ana's Downtown by reducing vacancies, promoting the success of a local business, and allowing the facility's patrons the ability to support other local businesses. 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 an arcade facility pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be primarily maintained as a full- service restaurant with ancillary arcade facilities and staff available to ensure that the use remain in compliance with the City's curfew laws and with the standards in place to maintain order. I. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan requirements. 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 venue that offers arcade gaming offers additional recreation options for Santa Ana residents and visitors. The granting of this Resolution No. 2016•xx Page 2 of 7 31A-15 conditional use permit also contributes to the development of Downtown Santa Ana as a regional destination. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The tenant improvements underway, as well as the long -term maintenance of this historic building, which holds "Key" status on the local register of historic buildings leads to the length of service this historic building may provide. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval have been placed on the proposed ancillary indoor entertainment that will maintain a safe and attractive environment in Downtown Santa Ana. Complementing this, 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 commercial area and its operations will complement and be compatible with the surrounding commercial businesses. Section 2. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15301, The Class 1 exemption allows the operation, repair, maintenance, permitting, leasing or minor alteration of existing structures with negligible or no expansion of use beyond that existing: The project is an existing structure which is adding the ancillary use of indoor commercial recreation. Categorical Exemption Environmental Review No. 2016 -61 will be filed for this project. Section 3. 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 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016 -22, as conditioned as set forth in Exhibit A attached hereto and incorporated herein by reference, for the property located at 515 North Main Street. 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 July 25, 2016 and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2016 -xx Page 3 of 7 31A -16 ADOPTED this 25th day of July, 2016. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Lynnette Verino 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 July 25, 2016, Date: Acting Recording Secretary City of Santa Ana Resolution No, 2016 -xx Page 4 of 7 31A -17 EXHIBIT A Conditions of Approval Conditional Use Permit No. 2016 -22 for indoor commercial recreation 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 rp for 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 full - service restaurant with an ancillary arcade. 2. All existing or new lighting on the building's exterior must be maintained in working order. 3. There shall be no amplified sound used outside the building. 4. The arcade facility shall comply with the City's noise ordinance at all times. 5. Minors /those under eighteen (18) years of age shall not be permitted to enter or remain in the establishment during the following periods unless accompanied by a parent or legal guardian: a. Between 8:00 a.m. and 3:00 p.m., or after 10:00 p.m. on Monday through Friday of each week. b. Saturday and Sunday after 10:00 p.m. c. The above weekday daytime hours of restriction shall not apply to vacation days or school holidays as established by any public school district or private school, kindergarten through twelfth grade, operating within the city. d. Notice of these hours of restriction for minors shall be posted at all building entrances in lettering of at least two (2) inches in size. 6. "No loitering" signs shall be posted at the front and rear entrances of the business. 7. Employees shall be at least twenty -one (21) years of age after 10:00 p.m. and shall be at least eighteen (18) years of age during all other times. Resolution No. 2016 -xx Page 5 of 7 31A -18 Occupancy shall not exceed that required under the uniform building code and uniform fire code, and the maximum occupancy load shall be posted at the main entrance. The establishment shall maintain and operate a camera /video surveillance system with recording capability during all business hours. The system shall cover the entire interior of the premises and all entrances to and exits from the establishment. The camera /video surveillance system shall be capable of delineating on playback of the system the activity and physical features of persons or areas within the premises, a. Recordings shall be kept a minimum of seventy - two (72) hours. b. The business owner shall permit the city to inspect the recordings during business hours. The system shall be maintained in good working order, including the running of the tapes, disks, or other digital media. c. A sign shall be posted inside and at the entrance to the establishment indicating that the premises are under camera /video surveillance. The Police Department shall be granted access through an IP -based system to all surveillance systems. 9. The business operator, at his /her expense shall provide a California licensed uniform security guard on the premises Monday through Friday between 4:00 p.m. and closing, and Saturday through Sunday between 12:00 p.m. and closing, at a rate of one guard per one - hundred (100) patrons, with a minimum of one present, during all special events. a. The chief of police is authorized to require a specific owner /operator to provide a security guard(s) on the premises at other hours of the day in the event that there are significant calls for service relating to assaults, gang related activity; weapons offenses, disturbances, and juvenile related crime, including truancy, or other good cause. b. Any decision of the chief of police may be appealed to the city council. Any appeal shall be made within ten (10) calendar days following the date of the decision by the chief of police. Further, such appeal period shall end at 5:00 p.m. on the tenth calendar day following such date of the written decision by the chief of police. If such tenth calendar day ends on a Saturday, Sunday or holiday, the 10 -day period shall end at 5:00 p.m. on the next regular business day. c. All appeals shall be in writing and on forms provided by the planning department and shall specify wherein there was any error of decision or requirement by the chief of police. Furthermore, a copy of such appeal shall be filed with the planning department and the clerk of the council. d. Upon receipt of such appeal, the planning department shall set the matter for hearing by the city council. Resolution No. 2016 -xx Page 6 of 7 31A -19 e. The city council may, after public hearing, affirm, reverse, change, or modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by this chapter. Such decision shall be filed with the clerk of the council, and the planning department; one (1) copy thereof shall be sent to the applicant. 10. During those times when patrons are restricted to 18 years of age or older, the applicant shall at all times utilize an age verification means or device to ensure compliance with the City's curfew laws. 11, Queuing lines outside the facility shall be managed in an orderly manner and all disruptive patrons shall be denied entry. The business owner, or his/her designee, shall be responsible for monitoring the queuing lines at all times. 12. Outdoor queuing lines 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. 13. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent (25 %) of window coverage. Moor displays or furniture near windows shall not exceed three (3) feet in height. 14. Interior lighting shall be maintained at a minimum of thirty (30) footcandles of light during typical day configurations when the facility is used as a computer gaming facility. 15. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, 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 twenty (20) feet from the exterior of the premises in any direction. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. Any adult entertainment or access to pornography is prohibited. 17.The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the establishment. 18. Install a silent armed robbery alarm. 19. Any activities or tournaments that meet State definitions and that conflict with State laws on gambling, including "games of chance," are strictly prohibited. 20.This conditional use permit serves to approve an indoor commercial recreation use only. Any change in type of indoor commercial recreation as defined by SAMC Sections 41- 142 and 41 -2080 is subject to approval of a new conditional use permit. Resolution No. 2016 -xx Page 7 of 7 31A-20