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HomeMy WebLinkAboutReso25-15_501 N. French StResolution No. 2025-15 Page 1 of 15 RESOLUTION NO. 2025-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2025-07 AS CONDITIONED TO ALLOW THE SALE OF BEER FOR ON-PREMISES AND OFF- PREMISES CONSUMPTION THROUGH A TYPE-23 LICENSE FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) FOR A BREWPUB PROPOSED AT 501 N. FRENCH STREET (APN: 398-324- 10) 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. Geoff Brand with Santa Ana River Brewing Company (SARBC) (Applicant), and on behalf of Chase Family Trust (Property Owner), is requesting approval of Conditional Use Permit (CUP) No. 2025-07 to allow the sale of beer for on-premises and off-premises consumption through a Type-23 (Small Beer Manufacture) license from the Department of Alcoholic Beverage Control (ABC) at a proposed brewpub located at 501 N. French Street (Project). B. Section 41-196 of the Santa Ana Municipal Code (SAMC) and Section 41- 2007 of the Transit Zoning Code / Specific Development No. 84 (SD-84) requires approval of a CUP for establishments wishing to sell alcoholic beverages for on-premises and off-premises consumption. C. In 2019, CUP Nos. 2019-26, -27, and -28 were approved by the Planning Commission to allow the operation of a micro-brewery with on-premises and off-premises sale of beer and after-hours operations for Nobel Ale Works. However, Nobel Ale Works never moved forward with the micro-brewery improvements and the entitlements expired in 2022. D. In 2022, AB 2307 was signed into state law and increased the number of authorized branch office locations for a licensed beer manufacturer from six to eight and, in addition, it increased the number of branch office locations that are authorized to be a bona fide eating establishment owned by the beer manufacturer from two to four. Beer manufacturing is classified under two ABC categories, small and large beer manufacturers. The Type-23 license is issued to small beer manufacturers, which produces less than 60,000 barrels of beer annually. These establishments are also granted the privilege to sell beer produced to consumers for on-sale and off-sale Resolution No. 2025-15 Page 2 of 15 consumption at the licensed premises of production or at location holding duplicate licenses (known as a “satellite” location). These satellite locations can be used for self-distribution, warehousing, tastings, and direct-to- consumer sales of their beer. E. In addition, in 2022, SB 389 was signed into state law and made some temporary regulatory relief that was offered during the COVID-19 pandemic permanent. SB 389 authorizes certain restaurant and alcohol manufacturer license types to alcohol in manufacturer-sealed containers (e.g. sealed cans or bottles) for off-site consumption as long as the order is picked up from the premise by the consumer and proper identification is displayed. F. The proposed brewpub meets all required standards specified by Section 41-196 of the SAMC and the State Department of ABC for the sale of alcoholic beverages for on-premises and off-premises consumption by containing a full kitchen and a menu of hot and cold food items for purchase. G. On April 28, 2025, the Planning Commission held a duly-noticed public hearing on CUP No. 2025-07. H. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant a CUP pursuant to Section 41-638 of the SAMC, have been established for CUP No. 2025-07 to allow the sale of beer for on-premises and off-premises consumption at a proposed brewpub located at 501 N. French Street. 1. That the proposed use will provide a service or facility which will contribute to the general wellbeing of the neighborhood or community. The sale of alcoholic beverages for on-premises and off-premises consumption at this location will provide an ancillary service to the brewpub’s customers by allowing them the ability to purchase beer with their meal but also to take home. This will thereby benefit the community by providing a brewpub with an additional and complementary food and drinking related amenity, in an area of the City designated by the General Plan for walkability and a mixture of supporting land uses. Operational standards applicable to the ABC license and conditions of approval will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the surrounding community. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. Resolution No. 2025-15 Page 3 of 15 The subject site is not adjacent to any schools, parks, and religious institutions. The closest religious institution (Alcance Victoria Santa Ana) is approximately 200 feet away and Mariposa Park and James A. Garfield Elementary School are approximately 1,000 feet away. However, the property is next to a live/work building and multi-family residences across French Street. To ensure the use does not become a nuisance to the adjacent residential uses, the outdoor patio area will be design to comply with Article XXI (Outdoor Dining on Private Property) of Chapter 41 (Zoning) of the SAMC which requires additional mitigation measures to address to noise, light, and odor impacts that will be addressed during the Building plan check process. Furthermore, as a condition of approval, staff is recommending that the outdoor patio area only be operational Sunday to Thursday from 8:00 a.m. to 9:00 p.m. and Friday and Saturday from 8:00 a.m. to 10:00 p.m. As a result, the granting of the CUP will not negatively impact any sensitive land uses that may be nearby. Moreover, the operational standards applicable to an ABC license and conditions of approval, such as annual review, Good Neighbor Policy, and property maintenance agreement, will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the surrounding community. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area. The sale of alcoholic beverages for on-premises and off- premises consumption will allow the brewpub to compete with other nearby establishments that offer a full selection of alcoholic beverages for sale to their customers and will allow the brewpub to remain economically viable, thereby contributing to the overall success of the City. The alcohol license for on-premises and off- premises sale and consumption will benefit the surrounding area, as the reinvestment on the site will increase economic activity in the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The sale of alcoholic beverages for on-premises and off-premises consumption will be in compliance with all applicable regulations and operational standards imposed on an eating establishment and market selling alcoholic beverages for on-premises and off-premises consumption pursuant to Section 41-196 of the SAMC. The facility will be maintained as a bona-fide eating establishment, having Resolution No. 2025-15 Page 4 of 15 suitable kitchen facilities and supplying an assortment of foods. Additionally, the eating brewpub will utilize no more than five percent (5%) of the gross floor area for display and storage of alcoholic beverages, which is the maximum threshold established by the SAMC. In addition, operational standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The approval of the requested CUP is consistent with the General Plan land use designation of District Center – Medium High (DC-3), as commercial uses are a supported land use. This general plan designation provides for distinctly urban retail, residential mixed-use, and employment centers that are well connected to public transportation. Additionally, the Project would also be consistent with several goals and policies of the General Plan. Specifically, the Project aligns with Land Use Element (LU) Goal LU-2 and Policies LU-2.2 and LU-2.6, which aim to provide a balanced mix of land uses that meet the City’s diverse needs, capture local spending, offer a range of employment opportunities, and promote rehabilitation. Additionally, the Project aligns with Economic Prosperity Element (EP) Goals EP-1, EP-2, and EP-3. Specifically, policy EP-1.2 supports efforts to strengthen and expand citywide business attraction in order to achieve the City’s full employment potential, policy EP-2.11 supports economic development initiatives and land use strategies that preserve and foster an environment that allows the goods producing sector to thrive, and policy EP-3.4 encourages development of “complete communities” that provide a range of housing, services, amenities, and transportation options to support the retention and attraction of a skilled workforce and employment base. The Project would provide for a unique brewpub in Downtown Santa Ana that would provide an additional dining and drinking option to Santa Ana residents, workers, and visitors and would promote local spending and offer employment opportunities. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The Project proposes to allow the sale of beer for on-premises and off-premises consumption Resolution No. 2025-15 Page 5 of 15 at a proposed brewpub. As such, a Notice of Exemption, Environmental Review No. 2025- 24, will be filed for this Project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana, after conducting a public hearing, hereby approves Conditional Use Permit No. 2025-07, as conditioned in Exhibit A, and on Exhibit B, Operational Standards for On-Sale and Off-Sale Establishments, attached hereto and incorporated herein, for the sale of beer for on- premises and off-premises consumption at a proposed brewpub located at 501 N. French Street. This decision is based upon the evidence submitted at the above-referenced hearing, including but not limited to: The Request for Planning Commission Action dated April 28, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2025-15 Page 6 of 15 ADOPTED this 28th day of April 2025 by the following vote: AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Chris Leo, Isuri Ramos, Alan Woo (5) NOES: Commissioners: ABSENT: Commissioners: Jennifer Oliva, Bao Pham (2) ABSTENTIONS Commissioners: Jennifer Oliva Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Melissa M. Crosthwaite Senior Assistant City Attorney Page 7 of 15 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2025-15 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 28, 2025. Date: Nuvia Ocampo Recording Secretary City of Santa Ana Resolution No. 2025-XX 4/28/2025 Resolution No. 2025-XX Page 8 of 15 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2025-07 Conditional Use Permit No. 2025-07 allowing the sale of alcoholic beverages for on- premises and off-premises consumption 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 Building Standards Code, and all other applicable regulations: The Applicant must comply with each and every condition listed below prior 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. Any proposed amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 2. The sale, service, and consumption of alcoholic beverages shall be permitted in accordance with the operational standards for on-premises and off-premises establishments pursuant to Section 41-196 of the Santa Ana Municipal Code (“SAMC”), in accordance with the provisions of an on-premises alcohol license by the California Department of Alcoholic Beverage Control (“ABC”), and in accordance with the site and floor plans attached to the staff report documenting the approved scope of the Project. 3. The sale, service, and consumption of alcoholic beverages indoors shall be limited from Monday through Sunday from 7:00 a.m. to 12:00 a.m. (midnight) and the outdoor patio operation, including serving and consumption of alcoholic beverages, shall be limited Sunday to Thursday from 8:00 a.m. to 9:00 p.m. and Friday and Saturday from 8:00 a.m. to 10:00 p.m. Operation between 12:00 a.m. (midnight) and 7:00 a.m. shall only take place through Planning Commission approval of a separate conditional use permit application for after-hours operations pursuant to Section 41-2007 of the Transit Zoning Code / Specific Development No. 84 (SD-84). 4. No on-site brewing shall occur at this location. Operation of on-site brewing shall only take place through Planning Commission approval of a separate conditional use permit application for artisan/craft product manufacturing pursuant to Section 41-2007 of SD-84. 5. The business shall comply with all provisions of local, state or federal laws, regulations or orders, including, but not limited to, those of ABC, California Business and Profession Code Sections 24200, 24200.6, and 25612.5, as well as Resolution No. 2025-XX Page 9 of 15 any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. This includes compliance with the City’s business license annual renewal. 6. The Planning Division shall review CUP No. 2025-07 no later than twelve (12) months after full execution of this conditional use permit. Should any issues be identified during such review that are attributable to the site and/or its operations, CUP No. 2025-07 shall be scheduled for public hearing at the Applicant’s full expense for condition modification(s). 7. Violations of the CUP, as contained in Section 41-647.5 of the SAMC, will be grounds for permit revocation and/or suspension as described in Section 41-651 of the SAMC. 8. The business owner shall maintain and adhere to a “Good Neighbor Policy,” implementing measures to ensure patrons comply with applicable noise, parking, and outdoor smoking regulations, and removing litter and preventing loitering in the areas in the immediate vicinity of the business. 9. The Applicant shall be responsible for monitoring both patron and employee conduct on the premises and within the parking areas under his/her control to assure such conduct does not adversely affect or detract from the quality of life for adjoining residents, property owners, and businesses. 10. At least one on-duty manager with authority over the activities within the facility shall be on the premises during business hours. The on-duty manager’s contact information shall be posted in a conspicuous location at the restaurant’s front entry. The on-duty manager’s responsibilities shall include the monitoring of the premises to ensure compliance with all applicable State laws, Municipal Code requirements and the conditions imposed by ABC and the conditional use herein. Every effort shall be undertaken in managing the subject premises and the facility to discourage illegal and criminal activities and any exterior area over which the building owner exercises control. 11. Prior to Building Plan Check, the Applicant shall submit plans to the Planning Division for review and approval of the following site improvements: a. Removal of nonconforming chain-link fence along the north and west property lines. If a new fence/wall is desired by the Applicant, such fence/wall needs to comply with Section 41-610.5 of the SAMC and Section 9.8.4 of Chapter 9 (Commercial Design Guidelines) of the Citywide Design Guidelines. b. Removal of all barbed and razor wires from the property; c. Repairing or rebuilding damaged sections of east block wall, as needed, Resolution No. 2025-XX Page 10 of 15 and painted with an anti-graffiti paint; d. Removal and replacement of dead landscape of existing landscape planters along French Street and Fifth Street; e. Outdoor dining area to be constructed in accordance with Article XXI (Outdoor Dining on Private Property) Chapter 41 (Zoning) of the SAMC; f. Parking lot to be restriped with double stripes in accordance with current code requirements; and g. Existing trash enclosure to be modified or reconstructed per current code requirements pursuant to Section 41-623 of the SAMC. 12. Subject to review and applicability by Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney, to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a property maintenance agreement with the City of Santa Ana. The agreement which shall be recorded against the property by the City and which shall be in a form reasonably satisfactory to the City Attorney. The executed agreement must be submitted to the Planning Division by the Applicant within 90 days of the approval of this Resolution. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including, but not limited to, hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including, but not limited to, controls on the proliferation of trash and debris on or about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or Resolution No. 2025-XX Page 11 of 15 improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; f. The agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the agreement; and g. The agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. Resolution No. 2025-XX Page 12 of 15 EXHIBIT B Operational Standards for Conditional Use Permit No. 2025-07 Conditional Use Permit No. 2025-07 to allow the on-sale an off-sale consumption of alcoholic beverages is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code (“SAMC”), the California Building Standards Code, and all other applicable regulations. The Applicant/ Licensee (hereinafter, “Applicant”) shall comply with each and every operational standard listed below, pursuant to SAMC Section 41-196, in order to exercise the rights conferred by this conditional use permit. Pursuant to SAMC Section 41-196, these SAMC operational standards are reprinted to establish compliance with SAMC requirements for the granting of a Conditional Use Permit for on-premises and off- premises alcoholic beverage consumption. The Applicant must remain in compliance with all operational standards listed below throughout the life of the conditional use permit. Failure to comply with each and every operational standard may result in the revocation of the conditional use permit. 1. 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 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 7:00 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 Resolution No. 2025-XX Page 13 of 15 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. 7. During those times when patrons are restricted to twenty-one (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. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those twenty-one (21) and older. 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 twenty-five (25) patrons. All stanchions or barriers located on public property 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. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 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 twenty-five (25) per cent of window coverage. Floor displays shall not exceed three (3) feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one (1) drink, get one (1) free", "two (2) for the price of one (1)", or "all you can drink for..." 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, 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. Resolution No. 2025-XX Page 14 of 15 Notwithstanding this requirement, music/noise shall not be audible beyond twenty (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. 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 twenty-four (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 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: a. Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. c. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and/or in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s). Resolution No. 2025-XX Page 15 of 15 d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. f. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 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. If the proposed dining area or fencing is in the public right-of-way, the Applicant must obtain all required permits and approvals from the Public Works Agency. 25. Combined alcohol storage and display areas shall not exceed five (5) percent of the gross floor area of the licensed establishment.