OUTDOOR DINING

13.1) Outdoor dining shall be developed in accordance with the approved site plan on file in the City's Current and Historic Preservation Planning Division, which indicates total square footage, location and maximum seating capacity for the outdoor dining area. See Outdoor Dining - Section 19.36.210 of Zoning Ordinance. (_ CHPP)

13.2) If any portion of the outdoor dining area is to be located within a public right-of-way, the entitlement to use the area for outdoor dining shall only be valid as long as an encroachment permit, approved and revocable by the Department of Transportation and Public Works, is obtained and renewed annually.( __ Engineering)

13.3) Amplified sound or music is permitted in the outdoor dining areas consistent with the noise levels established by MM-NOl-3. ( __ CHPP)

13.4) Lighting in the outdoor dining area shall be so arranged to prevent glare onto or direct illumination into any adjacent residential property. (_ CHPP)

13.5) All applicable provisions of Title 7 Chapter 7.04 of Article V (Health Code) shall be observed in all areas of the restaurant. (_ Code Compliance)

13.6) All awnings shall conform to the Building Code requirements for roof coverings.

(_B&S)

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(_ CHPP, Code Compliance)

13.8) Landscaping of the outdoor dining areas may include the use of planter boxes and /or permanent vegetation and shall be in conformance with the landscape plan approved for the project. ( __ CHPP)

13.9) The applicant shall, at its own cost and expense, procure and maintain in force policies of comprehensive public liability insurance in a combined single limit amount of at least one million dollars ($1,000,000) covering any operations on the sidewalk (insurance to be approved by the Finance Department). Such insurance shall be procured from an insurer authorized to do business in California, shall be subject to the approval in writing of the City, shall provide primary and not excessive coverage, shall name the City, its officers and employees, and the property owner as additional insureds and shall contain provisions that prohibit cancellation, modification, or lapse without thirty (30) days prior written notice to the City. ( __ Finance)

13.10) In order to reduce runoff into the storm drains and meet the requirements of the City's National Pollution Discharge Elimination System (NPDES) permit, the applicant shall comply with the following conditions:

a. The pavement of the outdoor dining area shall not be hosed down. Instead, the area should be cleaned with a broom and/or mop. Debris that is swept shall be picked up and deposited into a waste bin, not swept into the street.

b. At least one exterior waste receptacle shall be provided.

c. Tabletop ashtrays shall be provided at all tables where smoking is permitted.

d. Once a NPDES educational site visit is conducted by the City's NPDES consultant, it shall be the owner/manager's responsibility to train all employees on storm water pollution prevention methods.

Once a NPDES educational site visit is conducted by the City's NPDES consultant, it shall be the owner/manager's responsibility to post and make available on site educational material geared toward employees on storm water pollution prevention methods � __ Code Compliance)

14.0 MCUP

14.1) Applicable licenses shall be obtained and maintained from the State Alcoholic Beverage Control Board. ( __ CHPP)

14.2) Quarterly on-site gross sales of food and non-alcoholic beverages in each of the project's restaurants shall constitute more than 50 percent of each establishment's gross sales for the same period, respectively. All off-site catering activities shall not be included for the purposes of calculating gross sales. ( __ CHPP)

14.3) The hours and days of operation of the outdoor dining areas shall be defined in the approved permit for the outdoor dining areas as stated in Zoning Ordinance Section 19.36.170(3). ( CHPP)

14.4) An Extended Hours Business License and a Minor Conditional Use Permit must be approved for any operation of the restaurant between the hours of 2:00 a.m. and 6:00 a.m. The sale and consumption of alcoholic beverages is prohibited between the hours of 2:00 a.m. and 7:00 a.m. ( __ Code Compliance)

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14.5) The applicant shall post signs of at least 1 O" x 1 O" at exits to the restaurants and within all parking areas, requesting patrons to respect residents of nearby residential neighborhoods by being quiet when leaving the restaurant. ( __ CHPP)

14.6) A Designated Driver sign of at least 10" x 10" must be displayed at all public entrances to the restaurants at eye level. The sign shall be worded in a way that reminds patrons who are consuming alcohol to designate a non-drinking driver.(_ CHPP)

14.7) All new employees serving alcoholic beverages to patrons shall enroll in and complete a certified training program approved by the State Department of Alcoholic Beverage Control (ABC) for the responsible sales of alcohol. The training shall be offered to new employees on no less than a quarterly basis. (_ CHPP)

14.8) Restaurant management shall not permit any public nuisance in the outdoor dining areas, including but not limited to, unruly behavior by patrons, or any interaction with passersby, which may contribute to unruly behavior on the street, or in the parking lot. ( __ Code Compliance)

14.9) The management shall install at the inside of all exits, signs advising customers that alcoholic beverages may not be removed from the premises.(_ Code Compliance) 14.10) The restaurants shall maintain kitchen facilities and serve "meals" to qualify as a "bona

fide public eating place," in accordance with Business and Professions Code, Section 23038. ( __ B&S)

14.11) The sale of alcohol for consumption off the premises is prohibited. ( __ Code Compliance)

14.12) Precautions shall be taken to minimize the noise impacts of entertainment, music sources, employees and patrons (both within and outside of the motor vehicles) on adjoining properties in compliance with the Municipal Code Chapter 9.08 (Noise)(_

Code Compliance)

14.13) Amplified sound or music is permitted in the outdoor dining areas consistent with the noise levels established by MM-NOl-3. ( __ Code Compliance)

14.14) Lighting in the outdoor dining area shall be so arranged to prevent glare onto or direct illumination into any adjacent residential property. (_ CHPP)

14.15) The service of alcoholic beverages to any patron shall be permitted in any restaurant on the site only if incidental to meal service.(_ Code Compliance)

14.16) The Director of Planning and Development Services shall review this permit in one year following commencement of use to determine if the conditions of approval need to be modified to minimize any disturbances on the adjacent residential property. ( __

CHPP)

14.17) The restaurants shall not impose a cover charge for entry to premises.

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14.18) The restaurants shall not limit the entry of minors into the establishment. (._ __ CHPP) 14.19) The restaurants shall provide and submit receipts for food and alcohol upon the request

of the City. �-- CHPP)

14.20) All patrons shall exit the restaurant establishments by 2:00 a.m. (Code Compliance)

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14.21) All applicable provision of Chapter 1 of Article V (Health Code) of West Hollywood Municipal Code shall be observed in all areas of the restaurants. ___ (Code Compliance)

14.22) Owners of the restaurants shall post a sign in a clear and conspicuous location, listing contact information at which a responsible party may be contacted during all open hours of the establishment to address any concerns of the community regarding activities and noise in the restaurant and parking/valet areas. Said contact shall include a person's name and phone number/e-mail and shall also be available through the restaurant staff at all times. ( Code Compliance)

14.23) Restaurant management shall use positive action to assure that its use of the outdoor dining areas with alcohol service in no way interferes with the sidewalk users or limits their free and unobstructed passage.( __ Code Compliance).

14.24) Restaurant management shall maintain licensed security service to patrol the premises, monitor the queue of waiting patrons and maintain orderly movement of pedestrians. The security shall be provided from 10:00 p.m. to 2:00 a.m. (Code Compliance)

14.25) There shall be no exterior advertising or sign of any kind or type including advertising directed toward the exterior from within promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs of which are clearly visible from the exterior of the building shall constitute a violation of this condition. ( __ Code Compliance)

14.26) The sales, service and consumption of alcoholic beverages within restaurants shall be permitted only between the hours of 7:00 a.m. to 2:00 a.m. daily. The hours for alcoholic beverage service shall only apply as long as the restaurant continues to operate under approved site conditions, including the approved seating plan and menu, and with full food service during all hours of operation. Failure to operate the restaurant in substantial compliance with approved site conditions shall be grounds for revocation or modification of this permit.(_ Code Compliance)

14.27) The operations of the restaurant shall include table service of meals and drinks, inside the restaurant and in the outdoor dining area. (_ Code Compliance)

14.28) The Planning Commission shall review the conditions governing alcohol service and amplified sound or music to determine adequacy of the conditions at three, six and twelve months following the commencement of restaurant and outdoor dining use. Conditions of approval may be modified by the Planning Commission at a public hearing to ensure compliance with the City's Noise Ordinance, and Condition 17 .21. (CHPP).

14.29) Construction Wage: All construction employees working on the construction site of the Robertson Lane project shall be paid at least the minimum hourly wage specified by the West Hollywood Living Wage Ordinance or state law, whichever is higher. ( __ CHPP) 14.30) Hotel Operation Wage: All employees of the future hotel operator shall be paid at least a

minimum hourly wage of $15.37/hour, which shall not apply to lessees or contractors.

(_CHPP)

14.31) Local Hire: By ensuring that local, West Hollywood applicants are aware of and have a fair opportunity to compete for Project jobs, a local hiring program will facilitate job opportunities to City residents which would expand the City's employment base and reduce the impacts on the environment caused by long commuting times to jobs outside the area. In conjunction with the City's existing employment development efforts, future

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employees will benefit from the creation of a local hire program that promotes full and part-time jobs in the Project being held by West Hollywood residents. The Developer shall report on the progress of the Project's local hire program to the City annually for ten years after the issuance of a certificate of occupancy for the Project. ( __ CHPP)

14.32) Internships: Future employees will benefit from the development of an internship program with a goal of low-income youth participation. For ten years after the issuance of a certificate of occupancy for the Project, the future hotel operator shall provide or arrange for at least two paid (unless payment is prohibited for school credit) internships per school session to students who attend either a local vocational school or college. The future hotel operator retains full discretion to select the students for the internships.

(_CHPP)

14.33) Panic buttons: The future hotel operator shall offer a panic button to each hotel employee assigned to work in a guest room when other hotel employees are not present, at no cost to the hotel employee. A hotel employee may use the panic button if the hotel employee reasonably believes there is an ongoing crime, threatening behavior, or other emergency in the hotel employee's presence. As part of hotel employee training, the hotel employees will be instructed that in the event they use a panic button, they may immediately cease work and leave the area of danger to await the arrival of assistance. ( __ CHPP)

14.34) Notice in guest rooms: The future hotel operator shall place a sign on the back of each guest room door, written in font size of no less than 18 points, that includes the heading:

"The Law Protects Hotel Employees from Threatening Behavior"; a citation to relevant local and state codes; and notice of the fact that panic buttons have been provided to hotel employees assigned to work in guest rooms without other hotel employees present.

(_CHPP)

14.35) In the event any negotiated employment agreement, law, or regulation covering the subject matter of Conditions 14.33 and/or 14.34 becomes applicable to the hotel, that agreement, law, or regulation shall take precedence over those conditions and those conditions shall no longer apply. (_CHPP)

14.36) A hotel employee who brings to the attention of the future hotel operator the occurrence of violence or threatening behavior, including but not limited to indecent exposure, solicitation, assault, or coercive sexual conduct by a guest, shall be afforded the following rights:

1. If the hotel employee reasonably believes that his or her safety is at risk and so requests, the hotel employee shall be reassigned to a different floor, or, if none is available for his or her job classification, a different work area, away from the person who is alleged to have engaged in the violence or threatening behavior, for the entire duration of such person's stay at the hotel.

2. The hotel operator shall immediately allow the affected hotel employee sufficient paid time to contact the police and provide a police statement and to consult with a counselor or advisor of the hotel employee's choosing; the hotel operator shall permit, but may never require, the complaining hotel employee to report an incident involving alleged criminal conduct by a guest to the law enforcement agency with jurisdiction.

3. The hotel operator shall reasonably cooperate with any investigation into the incident undertaken by the law enforcement agency and/or any attorney for the complaining hotel employee.

4. In the event any negotiated employment agreement, law, or regulation covering the subject matter of this condition becomes applicable to the hotel, that agreement, law, or regulation shall take precedence over this condition and this condition shall no longer apply.

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