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Home My WebLink About31B - CUP - 1421 W MACARTHUR BLVDREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 4, 2013 TITLE: CONDITIONAL USE PERMIT NO. 2013 -25 FOR A TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE FOR RITTER'S STEAM KETTLE COOKING RESTAURANT AT 1421 WEST MACARTHUR BOULEVARD, UNIT G — MICHAEL RITTER, APPLICANT CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 Reading ❑ Ordinance on 2° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2013 -25 as conditioned. PLANNING COMMISSION ACTION On October 14, 2013, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2013 -25 as conditioned by a vote of 7:0 which approved a Type 41 Alcoholic Beverage Control license in order to sell beer and wine for on- premise consumption at the Ritter's Steam Kettle Cooking Restaurant located at 1421 West MacArthur Boulevard, Unit G in the General Commercial {C2} zoning district. The Planning Commission made no changes to the recommendations and conditions outlined in the attached staff report (Exhibit A). DISCUSSION This action allows for Ritter's Steam Kettle restaurant to serve beer and wine at their premises. FISCAL IMPACT There is no fiscal impact associated with this action. Jay Trevino Executive Director Planning & Building Agency MM:rb reportSTMU P 1 3- 25_1421 WMacArthur.cc Exhibit: A. Planning Commission Staff Report 31 B -1 31 B -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 14, 2013 TITLE: FILED BY MICHAEL RITTER FOR CONDITIONAL USE PERMIT NO. 2013.25 FOR A TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE FOR RITTER'S STEAM KETTLE COOKING RESTAURANT AT 1421 WEST MACARTHUR BOULEVARD, UNIT G Prepared by Melanie G. McCann Executive Director i 11 11 1 1 i PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Planning Man ger Adopt a resolution approving Conditional Use Permit No. 2013 -25 as conditioned. Request of Applicant Michael Ritter, representing Ritter's Steam Kettle Cooking Restaurant, is requesting approval of a conditional use permit for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of beer and wine at an existing restaurant. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Protect Location and Site Description Ritter's Steam Kettle Cooking (SKS) Restaurant is located within an existing multi- tenant commercial center on MacArthur Boulevard, just west of Bristol Street. The existing commercial center is approximately 2.06 acres in size and contains 21,328 square feet of building area, as remodeled and expanded in 2011. The site parking and drive aisles are also integrated with the adjacent 1,800 square foot drive through restaurant. The Gateway Plaza project site includes three buildings with 11 tenant spaces, occupied by a variety of retail, medical office and restaurant uses. The Ritter SKS Restaurant beer and wine license is proposed at 1421 West MacArthur Boulevard, Unit G and includes a 2,503 square foot tenant space. A total of 152 on -site parking spaces are provided for the mixture of commercial uses for the center. The site is surrounded by multiple - family residential to the north and west, and commercial uses to south and east (Exhibits 1, 2 and 3). EXHIBIT A 31 B -3 Conditional Use Permit No. 2013 -25 October 14, 2013 Page 2 Project Description Ritter's Steam Kettle Cooking Restaurant is requesting approval for a new Type 41 ABC license to allow the on- premise sale of beer and wine at the existing eating establishment. Specializing in Cajun cuisine, the restaurant offers approximately 46 seats within its 2,448 square foot space. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The proposed hours of operation for the restaurant are seven days per week, 11:00 a.m. to 12:00 a.m. (midnight) Monday through Saturday, and 10:00 a.m. to 11:00 p.m. on Sundays. The storage and display of alcoholic beverage will be located in two areas; within the barldining portion of the restaurant and an employee -only area. The storage area adjacent to the dining area is approximately nine square feet, and intended primarily for the display of wines. In addition, 25 square feet of enclosed cooler adjacent to the kitchen will be set aside for the storage of beer. The total square footage dedicated to alcoholic beverage storage and display will be approximately 46 square feet, representing less than two percent of the total gross floor area of the market. This percentage of alcohol storage area is below the Santa Ana Municipal Code's maximum for eating establishments serving alcoholic beverage; not to exceed five percent of the gross floor area of the restaurant (Exhibits 4 and 5). Proiect Backaround Opening its doors for business in Santa Ana June 2013, Ritter's SKC Restaurant is a full- service, sit - down eating establishment that specializes in 'live action eating experience' where the chef cooks in front of customers in a steam kettle. Ritter's SKC occupies an existing tenant space that once housed another restaurant, Pat A Chou, which opened in July 2011 as part of the commercial center remodel and expansion. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial districts provide accessible commercial development throughout the City and serve the commercial needs of adjacent residential uses. These districts also provide important neighborhood facilities and services such as this restaurant. The project site is consistent with this General Plan land use designation. The zoning for the site is Arterial Commercial (C -2). The General Commercial zoning district allows for retail and service uses such as the existing restaurant, making the proposed use consistent with the zoning code. 31 B -4 Conditional Use Permit No. 2013 -25 October 14, 2013 Page 3 Proiect Analysis Conditional Use Permit requests are governed by Section 41 -638 of the Santa Ana Municipal Code (SAMC). Conditional Use Permit requests may be granted when it can be shown that the following can be established. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. That the proposed use 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 findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed alcohol beverage license will provide an ancillary service to the restaurant customers to purchase beer and wine with their meals. This will thereby provide a benefit to the surrounding community by providing a restaurant with an additional and complementary food - related amenity. Additionally, conditions have been placed this alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed license for the on -sale consumption of beer 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. 31 B -5 Conditional Use Permit No. 2013 -25 October 14, 2013 Page 4 • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to be competitive with other restaurants that offer alcoholic beverage for sale to their guests. Moreover, the offering of beer and wine allow Ritter's SKS Restaurant to remain economically viable and contribute to the overall success of the Gateway Plaza commercial center, helping to decrease the number of vacant space that may affect the economic well -being of the site. • As conditioned, the proposed Type 41 ABC license will be in compliance with all applicable regulations and conditions imposed on a retail business selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code. The business will be maintained as a bona -fide eating establishment as defined by Section 23038 of the California Business and Professions Code, having suitable kitchen facilities and supplying a variety of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than two percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the SAMC. • The proposed use will not adversely affect the General Plan. Policy 2.2 of the land Use Element encourages land uses that accommodate the City's needs for goods and services. A full- service restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana, as well as visitors to the surrounding South Coast Metro area. Further, restaurant and ancillary uses such as off- premise alcohol sales are permitted within the General Commercial (GC) land use designation. The proposed project is not located in a specific plan area in the City. 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 ABC [Business and Professions Code Section 23948.4(a)(1)], should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation, which could result in a recommendation of denial. 1421 West MacArthur Boulevard, Unit G is located in Reporting District No. 130. This reporting district is 15 percent above the average reporting for all districts, which is below the 20 percent threshold established by the State for high crime. Conditions of approval are included as required by the SAMC that are adequate to address any concerns. RIUM Conditional Use Permit No. 2013 -25 October 14, 2013 Page 5 Public Notification While this project site is not located within the boundaries of any Neighborhood Associations, a courtesy call was provided to the chairperson for the South Coast Neighborhood Association (neighborhood east of the project site); a notice was also mailed 10 days prior to this public hearing. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and occupants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2013 -57 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2013 -25 as conditioned. Melanie G. McCann, AICP Associate Planner MM:jm reporWMCUP13-25_1 421 W MacArthu[.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 SD-t l'� %7 I I�RI I?�fliRl Rry C7 46 +�le_z�..JJJJ it 7CJ, flit j2V{ lIX Al Al-m PI PMI I a Al p1.Plb S R1 AII_..4 Ai Al Al All A, 31 Pt. Pt- Rt. .ogo" Al P1 PPO Plm Nro xs- I y RI - Al PxU 1 ..... �_... _.. C4 01 3 M1 9 M1 A/ xl -fMfl M1 s Rl SD -5 y. SD-4 C4 SD-4 5681 5 I R2-PRD I 561 C4 Sp -4 M i j1 1 i1NJJLLi TCR ri- _d.L_3t3___is H� SD -6 RI-PRD RI -PRD I 10.7i R4 1. SUNFLOWER $DiB I LL AVE. City of Cnsra Mena Al C@IEPALAMMLM^Q Qi OxAMBaPLP3DBfI1P1 T GN IMIILYlC1DBPiIA1 03,1 0]MMBIIal9]1MM4N Mt 4JQRINDUSIPrM R) MUMIU[ WMIXIIU CI RT.AitBYttO;AMdHOPL w tFIMYMb'%6R'iht. F yf CtA1D OXsiPd. DFSPiCI' MO MRPR cpwAiiCINB M S79f8aNAFAMM945 Q CEJetOLCOMIBi]M. O OPa19'A.()= w FMDBtMLE IE 0 P wH7FICOELa3( lw 6A C311RALIABN34ASrMUi RD PLMIJB IAI,N5YDE9.OIfilBR `S$]FlCftAN G RANnELcumiNOCBJ113E PR] fiANJ ®wSCBfMLOB.aCFMBUt 05 AFItAALQTdM6O4l CUP 2013 -25 0n RITTER'S STEAM KETTLE COOKING RESTAURANT t .. �P �3 x 1421 WEST MACARTHUR BOULEVARD, UNIT G - - =6wmu I"= IMO FffT 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 EXHIBIT 1 VICINITY MAP 31 B -8 M U L T I F A M I L Y R E S I D E N C E C M E C I A L h M U L T I w F A M I L Y R E S I D E N C E M.F.R. h M U I. T I F A M I L Y R E S I D E N C E w w 0 O > Project 0 Site MACARTHUR BOULEVARD J M U L T 1 0 F A M I L Y I- R E 5 1 D E N C E COMMERCIAL ❑ `� N a m CUP 2013 -25 RITTER'S STEAM KETTLE COOKING RESTAURANT 1421 WEST MACARTHUR BOULEVARD, UNIT Gp P L A N N I N G A N D B 71 L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 B -9 IP r' I 0 I t 4 c�a W y y Pc Y � Q miil 729' o mill 0 9 9 �$, I3R i ipri yIg o[; ' .w X r o� y H �#.9f91Y1 i JNY" 3 � a 4, A N� 1 B i i 4 4 6 41 @ I � t-- �!C �lln i d tl]Ylt I S ' g a W L Y ki3y i 7E h»Rw RnR g t ¢I y 5 e "r7 .w.� ilia �w>roo�ay.l�r nv�ss:a�ua if:14! 1 9�1 a t f '3ie�eE{ � f I Epl�Y! !1p� � 11, i EEeII =@ @' !i }I gig! F @EIlEIE1i9iEl a s 19,! Eg! a at af a ,I LLJ f� €�€� g 1 L � � f 6 f II a f " 2 alo[ is R t a 8 1� O O J LL EXHIBIT 5 ROH — 10/14/13 RESOLUTION NO. 2013 -21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2013 -25 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1421 WEST MACARTHUR BOULEVARD, UNIT G BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Conditional Use Permit No. 2013- 25 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine at the restaurant located at 1421 West MacArthur Boulevard, Unit G. B. Conditional Use Permit No. 2013 -25 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on October 14, 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 Planning Commission to approve a conditional use permit upon making certain findings: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed alcohol beverage license will provide an ancillary service to the restaurant customers to purchase beer and wine with their meals. This will thereby provide a benefit to the surrounding community by providing a restaurant with an additional and complementary food - related amenity. Additionally, conditions have been placed on this alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2013 -21 Page 1 of 7 31 B -13 The restaurant will offer a walkable dining alternative for nearby residents and businesses, and plans to offer a variety of freshly prepared food items. By offering beer and wine as an ancillary component of their restaurant, Ritter's SKS will provide a convenient and more complete dining experience for the neighborhood. 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 the health or welfare of persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and is incidental to the restaurant use. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to be competitive with other restaurants that offer alcoholic beverage for sale to their guests. Moreover, the offering of beer and wine allow Ritter's SKS Restaurant to remain economically viable and contribute to the overall success of the Gateway Plaza commercial center, helping to decrease the number of vacant space that may affect the economic well -being 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 Type 41 ABC license will be in compliance with all applicable regulations and conditions imposed on a restaurant business selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code. The business will be maintained as a bona -fide eating establishment as defined by Section 23038 of the California Business and Professions Code, having suitable kitchen facilities and supplying a variety of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than two percent of the gross floor area for the display and Resolution No. 2013 -21 Page 2 of 7 31B-14 storage of alcoholic beverages, which is below the maximum threshold established by the SAMC. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A full- service restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana, as well as visitors to the surrounding South Coast Metro area. Further, restaurant and ancillary uses such as off- premise alcohol sales are permitted within the General Commercial (GC) land use designation. The proposed project is not located in a specific plan area in the City. E. in accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2013 -57 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana hereby approves Conditional Use Permit No. 2013 -25 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated October 14, 2013, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 14th day of October 2013 by the following vote: AYES: Commissioners: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman Resolution No. 2013 -21 Page 3 of 7 31 B -15 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013 -21to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 14. 2013. lop= Secretary of the Planning Commission City of Santa Ana 31 B -16 Resolution No. 2013 -21 Page 4 of 7 Conditions for Conditional Use Permit No. 2013 -25 Conditional Use Permit No. 2013 -25 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 np 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. 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. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food from the same menu being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. Exhibit A Page 1 of 3 Resolution No. 2013 -21 Page 5 of 7 31 B -17 7. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. 8. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. If located on public property those barriers must be approved by the Public Works Agency. 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. 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 far..." or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 14, Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code ("SAMC ") Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. Exhibit A Page 2 of 3 Resolution No. 2013 -21 Page 6 of 7 31 B -18 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of a Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed- access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 23. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the police department, addressing at a minimum the following items; 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. 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 -21 Page 7 of 7 31 B -19 31 B -20