EXHIBIT "A" CONDITIONS OF APPROVAL FOR THE PROJECT ON PROPERTY AT 1060 River Street, No. 112; Application No. CP 12-0038 Administrative User Permit to serve beer and wine in an approved cafe in an existing building at the Tannery, in the IG-PER zone district. Project will include an outdoor eating area. 1. If one or more of the following conditions is not met with respect to all its terms, then this approval may be revoked. 2. This permit shall be exercised within three (3) years of the date of final approval or it shall become null and void. 3. If, upon exercise of this permit, this use is at any time determined by the Zoning Administrator to be incompatible with the surrounding neighborhood, revocation of, or amendment to, this permit by the Zoning Administrator could occur. 4. The use shall meet the standards and shall be developed within limits established by Chapter 24.14 of the Santa Cruz Municipal Code as to the emission of noise, odor, smoke, dust, vibration, wastes, fumes or any public nuisance arising or occurring incidental to its establishment or operation. 5. The applicant shall be responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. Any errors or discrepancies found therein may result in the revocation of any approval or permits issued in connection therewith. 6. Development of the site shall be in accordance with the plans submitted March 19th and April 24, 2012, and on file in the Department of Planning and Community Development of the City of Santa Cruz. All aspects of construction must be completed prior to occupancy. Modifications to plans or exceptions to completion may be granted only by the City authority which approved the project. 7. All requirements of the Building, Police, Fire, Public Works, and Water Departments shall be met. 8. Building Division requirements include, but are not limited to, the requirements listed on the attached Memo from Michael Stoker, dated April 10, 2012. 9. Police Department requirements include the following: • The location needs to have food service during all business hours to conform to the type of license desired. • Signage should be placed at exit points to ensure alcohol is not taken out of the patio area. There should be a barrier that fits the dimensions required by the State Office of P:\_Public\PACKETS\2012\ZA\05-16-12\River 1060 coa.doc CONDITIONS OF APPROVAL For Project Located at 1060 River Street, No. 112 Application No. CP 12-0038 Page 2 Alcohol Beverage Control (ABC). The patio/barrier cannot encompass the stairs that lead to a closed second level. The stairs need to be removed or patio adjusted to where stairs are outside the patio/barrier. The barrier needs to encompass the whole patio area (only opening for exit/entrance). ABC Investigators concerned about employees having full visual of patio area while business is open, may need adjusting. When visiting site and speaking with applicant, the patio/barrier will be adjusted to encompass door to business which is preferred by ABC and SCPD to avoid alcohol leaving into public areas (SCFD may need to review new patio area). 10. • When the business is closed, the patio area should be closed to public access to prevent loitering and other criminal behavior. It is also recommended a trespass letter be obtained from the police department to assist officers in addressing criminal behavior when it does occur within the patio area after hours. • To ensure patron and staff safety, exterior lighting should be properly maintained and in working order. Surveillance camera(s) are also recommended for the exterior areas of the business, but not required. • The applicant is required to complete and follow the Responsible Beverage Service (RBS) practices and procedures. Employees who serve alcoholic beverages are required to attend and complete L.E.A.D.S. training offered by the Santa Cruz Police Department. • Pursuant to 397 of the California Penal Code and 25602(a) of the Business & Professions Code, the retailer is not to sell alcohol to habitual drunkards or identified serial inebriates. • A six month and year review of the conditions of use is recommended. • If the applicant desires to have future entertainment or attempts to deviate from the primary restaurant use, the proposed low risk license would not be supported. If the applicant adheres to restaurant use for the requested low risk license, the impact to the neighboring area should be minimal. Fire Department requirements include, but are not limited to, the following: • Any interior structural re-configuration may require augmentation to the fire sprinkler system/fire alarm system. • Maintain all exiting per CFC/CBC. • Any cooking may require a Class 1/Class II cooking hood system. P:\_Public\PACKETS\2012\ZA\05-16-12\River 1060 coa.doc CONDITIONS OF APPROVAL For Project Located at 1060 River Street, No. 112 Application No. CP 12-0038 Page 3 11. Public Works Department requirements include, but are not limited to, the following: fill out pre-treatment questionnaire for grease interceptor sizing. 12. The hours of operation shall be limited to between the hours of 8:00 a.m. to 11:00 p.m. seven days a week, unless a modification of this Use Permit is approved. 13. Sales of alcohol for off-site consumption is prohibited. 14. All local, state and federal laws, rules and regulations applying to the sale and consumption of alcohol shall be complied with including all the conditions of the Department of Alcoholic Beverage Control. 15. The applicant shall have a listed phone number for this establishment. 16. These conditions of approval must be posted on the premises in a conspicuous place and remain permanently viewable by the public. 17. The use shall operate primarily as a restaurant and shall not provide other entertainment unless this permit is modified. P:\_Public\PACKETS\2012\ZA\05-16-12\River 1060 coa.doc