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jmf 2/25/21 <br />Resolution No. 2021-05 <br />Page 7 of 8 <br />7.Expansion of the outdoor sales and on -premise consumption of alcoholic <br />beverages onto the outdoor patio shall not increase the maximum permitted <br />occupancy for the concert venue. The use of the outdoor patio shall be ancillary to <br />the primary concert venue, shall not operate independently, and shall be in full <br />compliance with City of Santa Ana building permit number 101101767 . – Added <br />by Planning Commission on February 22, 2021. <br />8.Within 90 days of approval of CUP No. 2020 -22, a Property Maintenance <br />Agreement must be recorded against the property. The agreement will be subject <br />to review and applicability by the Planning and Building Agency, the Community <br />Development Agency, the Public Works Agency, and the City Attorney to ensure <br />that the property and all improvements located thereupon are properly maintained, <br />Applicant (and the owner of the property upon which the authorized use and/or <br />authorized improvements are located if different from the Applicant) shall execute <br />a maintenance agreement with the City of Santa Ana which shall be recorded <br />against the property and which shall be in a form reasonably satisfactory to the <br />City Attorney. The maintenance agreement shall contain covenants, conditions <br />and restrictions relating to the following: <br />(a) Compliance with operational conditions applicable during any period(s) of <br />construction or major repair (e.g., proper screening and securing of the <br />construction site; implementation of proper erosion control, dust control and noise <br />mitigation measure; adherence to approved project phasing etc.); <br />(b) Compliance with ongoing operational conditions, requirements and restrictions, <br />as applicable (including but not limited to hours of operation, security requirements, <br />the proper storage and disposal of trash and debris, enforcement of the parking <br />management plan, and/or restrictions on certain uses); <br />(c) Ongoing compliance with approved design and construction parameters, <br />signage parameters and restrictions as well as landscape designs, as applicable; <br />(d) Ongoing maintenance, repair and upkeep of the property and all improvements <br />located thereupon (including but not limited to controls on the proliferation of trash <br />and debris about and immediately adjacent to the property; the proper and timely <br />removal of graffiti; the timely maintenance, repair and upkeep of damaged, <br />vandalized and/or weathered buildings, structures and/or improvements; the timely <br />maintenance, repair and upkeep of exterior paint, parking striping, lighting and <br />irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom <br />fixtures, landscaping and related landscape improvements and the like, as <br />applicable); <br />(e) If Applicant and the owner of the property are different (e.g., if the Applicant is <br />a tenant or licensee of the property or any portion thereof), both the Applicant and <br />the owner of the property shall be signatories to the maintenance agreement and <br />both shall be jointly and severally liable for compliance with its terms.