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HomeMy WebLinkAboutZA FULL PACKET 2013-01-23January 23, 2013 City Hall, Ross Annex Second Floor Conference Room 20 Civic Center Plaza, Santa Ana, CA 92701 CALL TO ORDER: 10:30 a.m. Zoning Administrator: Sergio Klotz Recording Secretary: Jocelyn Magalona 1. CONDITIONAL USE PERMIT NO. 2012-29 (Ali Pezeshkpour) Filed by Judy Fleenor to allow the Crave Restaurant, LLC a Type 41 Alcohol Beverage Control (ABC) license for the on-premise sale of beer and wine at 410 West Fourth Street located in the Transit Zoning Code (SD-84) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: January 11, 2013 PUBLICLY NOTICED: January 10, 2013 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2012-29 as conditioned. 2. Public Comments Adjournment If you need special assistance to participate in this Zoning Administrator meeting, please contact Ellen Smiley, City ADA Program Coordinator, at (714) 647-5340. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Members of the public are allowed three (3) minutes to speak on each agenda item, but when any group desires to address the committee, the committee may request that its members agree on a spokesperson to make the presentation. ZONING ADMINISTRATOR PUBLIC HEARING REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: JANUARY 23, 2013 TITLE: PUBLIC HEARING -FILED BY JUDY AND BRIAN FLEENOR FOR CONDITIONAL USE PERMIT NO. 2Q12-29 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR CRAVE RESTAURANT AT 4111 WEST FOURTH STREET Prepared by Ali Pezeshkpour RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing Far DENIED ^ Applicant's Request ^ Staff Recamrriendation CONTINUED TO w.Cc.~~..Q.~.~.. ~~~ z~,~-~i_.~~- Planning Manager Adopt a resolution approving Conditional Use Permit No. 2012-29 as conditioned. Request of Applicant Judy and Brian Fleenor, representing Crave Restaurant Group, LLC, are 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 Crave restaurant at 410 West Fourth Street. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC}. Project Location and Site Description The applicant is in the process of obtaining necessary permits for tenant improvements to operate Crave restaurant within an existing, 3,743-square foot tenant space that is located on West Fourth Street between North Ross Street and North Broadway. Other spaces along the same frontage house a variety of establishments, including eating establishments and pro#essional offices. The use is proposed within a vacant tenant space in the Clausen Block, atwo-story brick structure built in the Neo-Classical Revival style between 1908 and 1909. Minor modifications to the historic structure have been carried out since the time of construction, with seismic retrofits performed in 1980. The site is surrounded by the Ronald Reagan Federal Courthouse to the north, commercial uses to the east and west, and a public parking garage to the south {Exhibits 1 and 2). Conditional Use Permit No. 2012-29 January 23, 2013 Page 2 Project Description Crave restaurant 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 eating establishment following its completion. The restaurant will be a full service, sit-down eating establishment that will hold approximately 65 seats within its dining room; no outdoor seating is proposed at this time. The an-premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The proposed hours of operation for the restaurant are seven days per week from 7:00 a.m. to 12:00 midnight. Storage areas for alcoholic beverages will be located within a bar storage and display area in the mid-section of the restaurant adjacent to the dining area. The overall storage and display of alcohol consists of approximately 49 square feet, which is less than two percent of the floor area and is less than #ive percent of the gross floor area of the restaurant. This falls below the Planning Division Guidelines for establishments serving alcoholic beverages (Exhibits 3 and 4}. Project Background Crave restaurant will occupy an existing tenant space in the Clausen Block building that once hauled another eating establishment, Tommy Pastrami, from 2008 to 2011. Although Conditional Use Permit No. 2008-26 was issued to the site for the on-site sale of alcoholic beverages, the subsequent lapse in occupancy requires that a new CUP be approved to permit the sale of alcohol at the site. Crave restaurant will open and operate its first location at the proposed site. Judy Fleenor, one of two applicants, was part-owner and chef of Cafe Chiarini, afast-casual eating establishment formerly located at 1002 West Third Street. Genera! Plan and Zonin Consistent The General Plan land use designation for the site is District Center (DC}. District Center land-use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with this General Plan land use designation. The parcel is located within the Transit Zoning Code (SD-84} zoning district in the Downtown {DT} sub-zone. The SD-84 zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning designation. Project Anal sis 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: Conditional Use Permit No. 2012-29 January 23, 2013 Page 3 • 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 adversely will not affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these #indings 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. 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 restaurant use. The proposed use will not adversely affect allow the restaurant to compete with other beverages for sale to their guests and of beverages allows the restaurant to remain success of Downtown Santa Ana, helping to may affect the economic viability of the site. the economic stability of the area, but will instead restaurants in the area that also offer alcoholic her visitors. Moreover, the offering of alcoholic economically viable and contributes to the overall decrease the number of vacant tenant spaces that Conditional Use Permit No. 2012-29 January 23, 2013 Page 4 • 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 far restaurants selling alcohol with their meal. Additionally, the restaurant will utilize less than two percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Planning Commission. • The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana and its [ocation within a regional destination center, Downtown Santa Ana, contributes to the economic success of the city as a shopping and dining destination. Pollice De ar#ment Anal sis 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 offenses. Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentration will create blight and adversely impact the community. The approval of a license in an area deemed overconcentrated and high in crime may affect the quality of fife and police resources in the area, and aggravate existing conditions. Since the City's overconcentration standards do not apply to on-sale establishments, the Police Department considers two factors when reviewing this type of application: crime rate and sensitive land uses. It has been determined that 410 West Fourth Street has a 20 percent greater number of reported crimes than the average number reported for all crime reporting districts and is considered above average in police-related incidents based an standards established under Business and Professions (B&P) Code Section 2395$.4. The area of 410 West Fourth Street is located in Reporting District No. 165. This district is also above-average in police-related incidents and ranks 3`d out of 102 citywide reporting districts, Although the project site is located in a district with a 20 percent greater number of reported crimes than average and is at a location in a district that is above-average in police-related incidents, the Police Department contends that the proposed conditions of approval will mitigate any potential impacts to the surrounding properties. As a result, the Police Department recommends approval of Conditional Use Permit No. 2012-29 subject to conditions of approval. Conditional Use Permit No. 2012-29 January 23, 2013 Page 5 Public Notification The project site is located within the boundaries of the Downtown Neighborhood Association. Representatives from this Neighborhood Association were notified of this project. The project site was also posted with a notice advertising this public hearing, and a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 50D feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Com fiance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15D61(b)(3}, which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2D12-$0 will be filed for this project. COt'ICIUSIOn Based on the analysis provided within this report, staff recommends that the Zoning Administrator approve Conditional Use Permit No. 2012-29 as conditioned. Ali Pezes k our Planning Intern ~~~ Vince Fregoso,~.A~C,P Principal Pla rter" AP:jm aplreportslCf]Pt2-29 Crave Type 41 ABC.za Attachments: Exhibit 1 _ Vicinity Map Exhibit 2 -location Map Exhibit 3 -Site Plan Exhibit 4 -Floor Plan oSlo SEVENTEENTH ST. ,-sw - J E~l to I r I I E L E ~J E s LJ L 1 ~~ € I t ICJ i~}n -~ ~.__-_ _.1..... - -_ -__ _.-._ ~. n-slo .R t € C€ = ~ ~ i ? CI Cl Cl 1 SP-t i~ Ct , _ .:p - ~ r CS CS 1 SP-3 € v I ~,t~ ~ s e 1 ~ ! 1 ~ ~ £ Rl _` Rf I:~ , RI A€ ~n5s R3~ R3- R3- ~ s ~•,. SP-3 SP-3 '-- _ s ! Rl - pj ~ IS011 Han HPU s R3- RY 1 ~ 1 - ~- a 1-0: Ea: ~- SP IL - Rt ~ 8 Isms _ R1 _ ~f= CYI 1 R2 O R2 R1 R1 R€ R1 ~ Rt q2 R3- R3- O roe `'O _ Ran r,pu , R3- ~ ~ j SP-3 SP-3 t+u I! - r ":t A2 _ R1 RZ R2 A2 P P R2 SP r j ~p.ss ~ ra. "3 ai f€(.~ ! R€ R1 Rt Rl ai p~ R2 P R2 SP-3 $D 7 ~! ~ R2 RI R2 P N n rM 75 SP-3 Lr j SP R€ L Af R€ aP Az R2 sP-3 e L ~~ Rfr a ~ a a p ~ R1 R1 R1 $ ~ P P ! CA ! P P P SP3 SP3 SP-3 Ls~ ' -, hna ~ P !. 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F c '~ - E- sue[ ,. s- G, f - -'C Fl ~~ -~T 51 C- J -r L li -.- xF , 1:,f=~l: i.: F i It 'r.. 11 Y 7 ~. ~. '. E ..- E ..: T .~ ` _ _ ~ n ir crc :_ -. _~TiEI Pi Y.11iti ..- ~ iL ~'. ~t,,~t f4P Lm ~F~l~L~r~'. i~ f'`il\~ ~s~l~Y~.!°'.~ Restaurant fatal Sa,uare ~ outage: 3,7,3 sq feet f+bn~fe Counter Display Square Foatage: i8' - 6° eloly Co~inter Display Square Faotac!e: 3D' - 6" I GTAL SG? ECOTAGE: 49' or Tess than i% (0.013%) o. total restaurant square iootag° used for alcohol display and storage. i I~__ 3i 4 ~I ~ ~ II 1! __~__ iii l~~I ~ !~{ fll ~!- ` i ~~~ V ~I ~I I _- I `: I ~ ~ti~,~E! ~ f ~ ' I ~ - i C E~ I 1- ~~ ~/ I III ~ !] ~I €~ ~ `~' f ~ ' 1 ~. ~ I, j''1 ~~ ~t ~I r_+ s~~, cF ___ __ i ~_ i ~ ~i J °~ ~- r -.. ~'~°~ _. L ' \~- ~_____J ~~;, ~- ,I ~ °~•~S 'lliC~t=t; I~~ i 13 i ri _ ~ `~ . ~ ~ '~ r ~{ ~ ?i`~f i ~- _- - ~~ -r •= ~ .~ rn~Fk~=4 it '; 1 ~ 11 f L i ! __ _ -- - - -- ~ -- ~I ~I 'll ~• `~ ', ` f~ ~.-_e ~r-: ~G- y ~==~, ~llcH Aficn 1 f 1 EXHIBIT 4 1~ ~i D,;1;;Gt~r~ 1~ ~~ ~'~~ C2~ ~~; : ~ ~, ~ 1} i ~~1 GkP JE.- _~LL. ~!, t o E' ~~~ _./~ ,~ ~ l ~ )~. ,I ~ ,•` I t /~' ~~ v f=~ . ~,~ ~ ~ _ -~ ~ i i S~~I t'; `I I ` ~ Smk1~~vE , j ~`i ~ i \ GAY ~ ' ! ~ ~~~ ~ q ~ `, sTOR~.c ~ ~T~~ ch _ ~~, ~ Ir1r ~_ V i / ~ - ~. /~-~'w ~_1 ~>>> i[?'=I; ~ ROH -1123113 RESOLUTION NO. 2013-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012-29 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 410 WEST FOURTH STREET BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Conditional Use Permit No. 2012- 29 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine at the restaurant located at 410 West Four#h Street. B. Conditional Use Permit No. 2012-29 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on January 23, 2013. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption. D. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to approve a conditional use permit upon making certain findings: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed alcohol beverage license will provide an ancillary service to the restaurant customers 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. 2013-roc Page 1 of 7 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 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 restaurants in the area 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 Downtown Santa Ana, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant 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. Additionally, the restaurant will utilize less than two percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Planning Commission. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Elemen# encourages land uses that accommodate the City's needs for goods and services. A restaurant with an ancillary alcohol license provides a Resolution No. 2013-xx Page2of7 dining service to the residents of Santa Ana and its location within a regional destination center, Downtown Santa Ana, contributes to the economic success of the city as a shopping and dining destination. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact an the environment. Categorical Exemption Environmental Review No. 201280 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby approves Conditional Use Permit No. 201229 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is nat limited to: the Request for Zoning Administrator Action dated January 23, 2013, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 23rd day of January, 2013. Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Ryan O. Hodge Assistant City Attorney Resolution No. 2013-xx Page 3 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2013-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on January 23, 2013. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2093-xx Page 4 of 7 Conditions for Conditional Use Permit No. 2012-29 Conditional Use Permit No. 2012-29 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 ri,~ 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. The premises shall at all times be maintained as a bona-fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on-sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food from the same menu being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after-hours operations pursuant to Chapter 41 of the Santa Ana Municipal Cade. 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 aN times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. Exhibit A Page 1 of 3 Resolution No. 2013-xx Page 5 of 7 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. 8. Queuing lines shall be managed in an orderly manner and all disruptive andlor 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. 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. 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. No amusement machines or video games shall be maintained on the premises at any time. 14. 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, musiclnoise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12-1 and 12-2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41-1701.6. Exhibit A Page Z of 3 Resolution No. 2o'f3-xx Page 6 of 7 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, doorlwindow 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. Atimed-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; 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 agelchecking 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. 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. 25. Combined alcohol storage and display areas shall not exceed five percent (5%) of the gross floor area of the licensed establishment. Exhibit A Page 3 of 3 Resolution No. 2013-xx Page 7 of 7