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HomeMy WebLinkAboutCUP 09-007TUSTIN _~ ~ ~ ~ . .;°, ~ C1~0["--~QCI'1 ~ ~ DATE: MAY 18, 2009 ~~ ~_ > ,~ TO: ZONING ADMINISTRATOR """'"' BUILDING OUR FUTURE HONORLEdG OUR PAST FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 09-007 APPLICANT: ROLAND AND OSBELIA GUERRA ROLLIE'S BAKERY 17811 LUCERO WAY TUSTIN, CA 92780 PROPERTY STRATA TUSTIN, LLC OWNER: JEFFREY MAYHEW 4770 VON KARMAN AVE. IRVINE, CA 92660 LOCATION: GENERAL PLAN: ZONING: ENVIRONMENTAL STATUS: REQUEST: RECOMMENDATION 14071 NEWPORT AVENUE COMMUNITY COMMERCIAL PLANNED COMMUNITY COMMERCIAL (PCC) THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. TO AUTHORIZE THE SALE OF BEER AND WINE FOR ON-SITE CONSUMPTION (ABC LICENSE TYPE 41) IN CONJUNCTION WITH AN EXISTING BAKERY/CAFE LOCATED AT 14071 NEWPORT AVENUE. That the Zoning Administrator adopt Zoning Administrator Action 09-004 approving Conditional Use Permit 09-007. BACKGROUND The site is located in the Planned Community Commercial (PCC) zoning district and Community Commercial General Plan Land Use Designation. Tustin City Code Section 9244f1 lists alcoholic beverage sales establishments as a conditionally permitted use in the PCC district. On-site alcoholic beverage sales establishments except for restaurants are subject to distance separation requirements to residential properties, other alcoholic beverage sales establishments, and sensitive uses such as schools and churches. The proposed project is a Zoning Administrator May 18, 2009 CUP 09-007 Page 2 request to allow the on-site service of alcoholic beverages within an existing bakery/cafe which is considered a restaurant. Therefore, the proposed project requires a CUP for alcoholic beverage sales, but is not required to meet distance requirements to sensitive uses. TCC Section 9299b(3)(f) authorizes the Zoning Administrator to review applications for on-site alcoholic beverage sales in restaurants. Site and Surrounding Properties The site is located in an existing shopping center (Tustin Strata Center, a.k.a. Tustin Freeway Center Phase II) on the western side of Newport Avenue, south of the I-5 Freeway and north of Mitchell Avenue (Attachment A -Location Map). The subject tenant suite is located at the northern corner of the building, is 1,819 square feet square in size, and is permitted for up to twenty-one (21) seats. Other businesses located in Strata Center include a bank, pharmacy, bakery, nail salon, and hair salon. The project site is neighbored by Tustin Freeway Center Phase t (commercial) directly to the north, multiple family residential directly to the west, a service station to the south across Mitchell Avenue, and various retail commercial uses to the east across Newport Avenue (see Figure 1). A converted one-story commercial office sits directly to the south of the property that is approved to be demolished and a corner retail building to be constructed on the site at an indeterminate time in the future. ~~ ,~ ~~~ ~~ ~ ~~ ~, ` ~ r ,~ - -~ +~ ; ,~ ~ ` ~~ PROJECT ~ ~'+-.' "~ ',~ ~ °. ~~l ~ ~ ~/'~ +5lT~ ~ ., Y~.~ '~ ~ _1 .. '~~ PC~ ~ ter ~~iA~ ~f~t, yf ^~ ,.'' . ~', ~r ,~` .,. ~. ' ,. ~~' ~ . ~, J.'~. , t~~ .mil ' i~ . ~ . Figure 1. Surrounding Zoning Districts DISCUSSION Project Description The applicant is proposing to serve beer and wine for on-site consumption (ABC Type 41 License) at Rollie's Bakery and Mexican Cafe. The restaurant currently serves a variety of Zoning Administrator May 18, 2009 CUP 09-007 Page 3 baked goods and Mexican and Bolivian specialties for breakfast, lunch, and dinner. The applicants wish to be able to offer beer and wine in conjunction with food service. Alcoholic Beverage Sales Regulations and Guidelines The sale of beer and wine for on-site consumption can be authorized in conjunction with a "bona fide" restaurant use in conformance with the City's Alcohol Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001, and the applicable zoning code regulations. Pursuant to the Guidelines, a restaurant use is defined as: "A retail establishment that sells food and beverages prepared on the site, where customers are served for on-site consumption." At least eighty (80) percent of the premise's seating shall be designed and used for food consumption and must possess the necessary utensils, table, service, and condiment dispensers with which to serve meals to the public. Also, the gross annual sales of food must exceed the sale of alcohol. The submitted application states that approximately 85 percent of sales are estimated to be from food and 15 percent from alcohol. The application also states that neither outdoor seating nor a separate bar area are proposed. Zoning Administrator Action 09-004 contains conditions that are consistent with the City's Alcoholic Beverage Sales Establishment Guidelines for on-site sale and consumption of beer and wine in conjunction with a restaurant. Hours of Operation The proposed hours of operation are from 6:00 a.m. to 8:00 p.m., Tuesday through Sunday. Pursuant to proposed Condition 2.2, food service shall be available at all times when alcoholic beverages are served. Parking Development of the subject property was authorized in 1990 by CUP 89-47 as a second phase of the Tustin Freeway Center development. The parking ratios established by CUP 89-47 for the development are as follows: • 1 space per 250 square feet of general showroom/general retail space 1 space per 3 seats for restaurant uses space. At 1,819 square feet, the tenant suite is allotted 7 parking stalls (1,819/250 = 7.2). At a ratio of 1 space/3 seats, the suite would be allowed a maximum of 21 seats (7 stalls x 3 seats = 21 seats). The originally approved building plans (permit C07-0913) for the tenant improvement of the suite identify a total of 21 seats. Proposed Condition 2.3 also limits the maximum number of seats to 21 for the suite, unless the property owner can demonstrate that additional parking can be provided or is not needed to accommodate additional seats. ANALYSIS A decision to approve this request may be supported by the findings that the establishment, maintenance, and the sales of beer and wine for on-site consumption in conjunction with a bona fide restaurant will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property Zoning Administrator May 18, 2009 CUP 09-007 Page 4 and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, in that: A. The proposed sale of on-site beer and wine is allowed within the Planned Community Commercial (PCC) zoning district with the approval of a Conditional Use Permit. B. As conditioned, the proposed on-site consumption of beer and wine is consistent with the Alcoholic Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001. C. The on-site consumption of alcoholic beverages would be in conjunction with a restaurant where food will be served at all times when alcoholic beverages are served. As conditioned, no ancillary bar use would allowed at the subject location. D. Bona fide restaurants with on-site alcoholic beverage sales are exempt from distance separation requirements to residential uses, sensitive uses, and other alcoholic beverage sales establishments. E. The restaurant use is located within a retail center and a commercial corridor along Newport Avenue where a variety of retail, office, and restaurant uses are located. The proposed hours of operation are from 6:00 a.m. to 8:00 p.m., Tuesday through Sunday. The characteristics of the restaurant use and hours of operation of the restaurant would be similar to other restaurants in the center and in the vicinity. F. The 21-seat restaurant complies with the parking requirements originally established for the site in CUP 89-47. G. The Tustin Police Department has reviewed the application and has no immediate concerns. Reina Kapadia Associate Planner Attachments: A -Location Map B -Submitted Plans C -Zoning Administrator Action No. 09-004 ATTACHMENT A Location Map LOCATION MAP ADDRESS: 14071 NEWPORT AVE. PROJECT NO.: CUP 09-007 ON-SITE ALCOHOLIC BEVERAGE SALES ~~ ~~- ,, ~`s~1yy ~`~_ a~ ~~ `, ~ ~ M ~~. ~t ~k~ ' ~ ~ ~' ~ ~ ~ ~ -• ~t ; a . • C, f A %, a~ ~~~ ATTACHMENT B Submitted Plans t L ~ ~~g ~~ ~~~i+l ~j~t ~~ ~ d~t~ ~~'~o~~~~~ ]~~~~ .~ ~ S~ t I $ 1 ~ q¢ H ~~ ~va~~ ! ~~ d~~se ~ ~~ § I I~l3~~a€~~8 s 4 1~# 1 $~ ;~~ ~~~~~ z ~ g 3 ~+R~~ ~ ~ ~ ~,~ ~' II§ ~ ~ ~ ~ ~38 i ~~ ~ ! ~ ~~~ ~i~a~~ 8~ al '~a , ~IgE ~a g~ v ~ I ~ ~ ~$ a a ~ - -- _ - - ~ -- R # pgyp a ~ a i . ~ «~ ~ ~ ~ ~ ~ ~ ~~ ~- ~ -- I ~p~~ ~rS~ ~~ ~~~ ~ ~~~~ 4~F F t~ 4 ~~ ~~F~1~ -r R d R F a G 6 ~ ~ ~a ~_~~ ~~ a~ ~~ ~~ ~~~~~ ~~~~• ~~~ ~~ ~~~~~ o a i ~ xgp #a C ~ tHy~77~~ ~ ~ ~~~~ ~~~~~ l~f ~ ~F4 ~ ~ D g ~ ~ 9~ ag~ ~~ €~ ~ m O q I ~ ~~ ~~~ ~ :~ ~,~ ~ea`~ ~9~~ ~i 3 j w ~~~~~~~~ ^~~ ~ t5 ..> R ~ 1 ~~ ~ i ~~~ ~ 1 € ~ ~ ~ ~ ~ ~ ~~~ ~;~~ ~ €~ ~~ ~ ®~®~~ ~~ ~® -- ---, ~ __ n _, ~$ ~ ~.~.. -~- .,ate-~-~~ ==-r-~:,..., .~, ,~; ` ~~ n,~ W ~~~ ,u~ ~ ~ ~~~ ~ <~~ 1 ~- __ ~ ` - ~~ ~. ~ ~ j ( ~1 _ ~~~ m.~ ~ ~~~ ~ ~~~ , ~ e ®~ ~F -::~~ F ~ ~ ~, ~ . r ~E H ~ ~ ,~. . I . p - _ ~ III _ S~ _ I y ~ ~ ~ - - i~~ _ ~~ ~ a ~ ~ ~ ~ ~ ~~ - ~ ~ ~ - •ri~ _ ~® ;- -~--_~ _ ~~ o ®f ~ ~ ~ "~ ~~ r'~ asI ~ _ t,~ ~ s ~~~~ rF rF F~Y~F OFF ® ~ F ~ ~`J II I e ~' F k.`~~ ~F F~ ~ L ` ~B y !ti ~ ~~~ ~ _ ~. ~, )~~ ~ ~I r-~- :~: I ~~ ~ ~~ z ~ a ~~ r M f d o ~~ - -- ~- - ~ a t ®~ -~ v d ~iqg . _ ', 1 ~~Cijy`l~y ]F I. ~, ~~ ~. ~~~III~ ~~ \~ ~~~ y_ i ~. € _ ~ ~T - _ _ ~~~~ ~~~~i ~ ~ ~ ~ a~~~~~ ~ ~( ~~ i._i__~ _ ~_ ~ ~~~~~ I` =~#~ ~"'" STRATA TUSTIN CENTER STRATA TUSTIN, LLC Brlsco• do Brlacoo, Inc. 3~ ~ e REFERENCE Rotall Shop BuIIN°9 '0~ s77o von K°rm°n wv°~ SITE PLAN 14081 Now ort Avsnue N•w °°~°~ uu sourH coASr viclve SUITG a-ios ~¢ . i ~ b P pOH B~~Oh, C~qt. 94660 ~ ~ ^ GpcJTA MG3A, GALIrORNIA ~~626 E t Tustin, Callfornla 92780 ~s'4w eaa-e4oo Fu ia4oi ~e~•6oa ,,,,, ~.,i,,~ ~_ssr, ,,,~ ~~14~ ~_~~~ ~ ~ ~ 6 ~ ~ 2 ~~ ~ g F n ~ ~ 'e ~ € ~ ~ ~ ' 3 ~ ~ 4 ~ ~ 2 ~ o ~ ~ 4 ,. ~ = ~~~ ~ ~ ~ ~ 5 ~~ ~ ~m~ 5 ~ F a ~ ~ .--~ ~ ~" w~ ~~ ~~~ m T 3 p ~ ~I ~ ~' F~~A j~4 1 ~~ ' ~ ~ ~~ F 99 YpFe1 1 °~ ~ ~ ~$~ 0 g -s ~, ~~ ~ p ~ E' V 4 0 ~ i' ~ "z z ~ ~ = 9 S p~~ ~ '~~~ .4~ r _ IT. i ~ , F ~ v m ~~~m ~~ ~-v ~ 4~ P m y?~ D d 4 C f b~ ~- ~ g 0 Q~Q p 3 r~ O { ~ ~ ~ ~ I~7 QAQ { qAq ~ ^ ~ N > ~ 2~ ~ P£ (1F ~L 3 ~i ~ A 2"y ~ y ~ ~ ~H S ~ L p g f ~'ii ~F y 9g P k•~ y4~ ~ = D T ' „ i ~ ~ ~$iF ~ m ~ ~ 8 ~ 3 n ~ W aP~c r 4` q S ~ ~. ~ ~ ~. r ~e~ ,`.~ A i ''- ~ NEw PoWr 6_.~0 _-. _-._ _ -- -- -- z \W r __ _-- I it - ~ ~i I I i~ ~I ~I l I~ II I I _~~ ~ _'fl t i arz I ;~ \o. ~ -1 _ ~ I ~ ~ j ~~ l ~a l ~e x ~- ~ ~ :"~ z ~ z ~~ y ~ ~ 'i x'. 7 ~ -~ €~ ~ a~~3 ~ ~ '... % "€•, = `~ ` Z 3 ~,m~ m yam ~ x~N - ~ ~p_ =e yy 'S~$cZ y~ m D r '~ f YgID D ~ ~ ~ ~~ m 3 ~ S ~ ~ T ~ ~ ''. P ~ [~C^I ~ Fnek NB~yeo h A.aai~fn - ~ f y a 'r-A f ^~ ~Ah~~~~~ P-v4 F~FT ~ FAT i~~~M~s.. t z , is1-~ n~Rwp~pT 6~-va w ~.snn ~ ' 5 '~Lls'n r{, cq 1 ~ ~czc~9iscim a~«aiexi i 3 ~ ~~;~~ ~c?~F tnf~~ s~~.a.a~ _ r -~ ATTACHMENT C Zoning Administrator Action 09-004 ZONING ADMINISTRATOR ACTION 09-004 CONDITIONAL USE PERMIT 09-007 14071 NEWPORT AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 09-007 was filed by Roland and Osbelia Guerra of Rollie's Bakery, requesting authorization for on-site alcoholic beverage sales for beer and wine (ABC License Type "41 ") in conjunction with an existing bona fide restaurant located in a 1,819 square foot tenant space with twenty-one (21) seats at 14071 Newport Avenue. B. That the proposed land use is consistent with the Tustin City Code and General Plan. The site is zoned Planned Community Commercial (PCC) where restaurants are permitted and alcoholic beverage sales establishments are conditionally permitted pursuant to Ordinance No. 1230. The General Plan land use designation is Community Commercial, which allows for a variety of retail, office, and service-oriented businesses. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That per Section 9299b(3)(f) of the Tustin City Code, the Zoning Administrator has the authority to consider requests for on-site alcoholic beverage sales licenses for restaurants. D. That a public hearing was duly called, noticed, and held on said application on May 18, 2009, by the Zoning Administrator. E. That the establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: a. The proposed sale of on-site beer and wine is allowed within the Planned Community Commercial (PCC) zoning district with the approval of a Conditional Use Permit. b. As conditioned, the proposed on-site consumption of beer and wine is consistent with the Alcoholic Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001. Zoning Administrator Action 09-004 May 18, 2009 Page 2 c. The on-site consumption of alcoholic beverages would be in conjunction with a restaurant where food will be served at all times when alcoholic beverages are served. As conditioned, no ancillary bar use would be allowed at the subject location. d. Bona fide restaurants with on-site alcoholic beverage sales are exempt from distance separation requirements to residential uses, sensitive uses, and other alcoholic beverage sales establishments. e. The restaurant use is located within a retail center and a commercial corridor along Newport Avenue where a variety of retail, office, and restaurant uses are located. The proposed hours of operation are from 6:00 a.m. to 8:00 p.m., Tuesday through Sunday. The characteristics of the restaurant use and hours of operation of the restaurant would be similar to other restaurants in the center and in the vicinity. f. The 21-seat restaurant complies with the parking requirements originally established for the site in CUP 89-47. g. The Tustin Police Department has reviewed the application and has no immediate concerns. D. This project is Categorically Exempt pursuant to Section 15301, Class 1 (Existing Facilities), Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Zoning Administrator hereby approves Conditional Use Permit 09-007 authorizing the on-site sale and consumption of beer and wine (ABC License Type "41 ") in conjunction with the existing 1,819 square foot restaurant (Rollie's Bakery and Mexican Cafe) located at 14071 Newport Avenue, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 18~' day of May, 2009. DANA L. OGDON ACTING ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY Zoning Administrator Action 09-004 May 18, 2009 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 09-004 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 18~' day of May, 2009. ELOISE HARRIS Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 09-004 CONDITIONAL USE PERMIT 09-007 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform to the submitted plans for the project date stamped on May 18, 2009, the date of approval, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. (1) 1.2 Conditional Use Permit 09-007 approval shall become null and void unless an Alcoholic Beverage Control License Type "41" is obtained from the State Department of Alcoholic Beverages Control and the sale and consumption of beer and wine commences within twelve (12) months of the date of this exhibit. Time extensions may be granted by the Community Development Department if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 The applicant shall be responsible for obtaining the appropriate license (Type 41) license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site (on-sale beer and wine). A copy shall be provided to the Community Development Department prior to the establishment of the use. (1) 1.4 All conditions in this Exhibit shall be complied with prior to the establishment of alcoholic beverage sales, subject to review and approval of the Community Development Department. (1) 1.5 Approval of Conditional Use Permit 09-007 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. Failure to comply with the conditions of approval shall be grounds for revocation of the conditional use permit. SOURCE CODES (1) STANDARD CONDITION (5) (2) CEQA MITIGATION (6) (3) UNIFORM BUILDING CODE/S (7) (4) DESIGN REVIEW *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A Zoning Administrator Action 09-004 May 18, 2009 Page 2 (1) 1.6 Conditional Use Permit 09-007 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 09-007, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.7 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.8 As a condition of approval of Conditional Use Permit 09-007, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. USE RESTRICTIONS (1) 2.1 Only on-site sale or consumption of alcohol for any type of ABC license is authorized. All alcoholic beverages shall be consumed on-site, with the exception of the provisions stated in the Business and Profession Code Section 23396.5 and 23401. (7) 2.2 Business hours are limited to the following: 6:00 a.m. - 8:00 p.m. daily Hours of sales of beer and wine shall be limited to the hours when food is available. Modifications to the hours of operation may be approved by the Community Development Director if it is determined that no impacts to the surrounding tenants or properties will occur. (***) 2.3 The total number of seats shall not exceed twenty-one (21) based on the amount of parking allotted to the suite by CUP 89-47. A request for additional seats may be considered by the Community Development Director if the property owner demonstrates, through the submittal of a parking and land use summary, or as otherwise authorized by current provisions of the Exhibit A Zoning Administrator Action 09-004 May 18, 2009 Page 3 Tustin City Code, that an adequate number of on-site parking spaces are available to accommodate additional seating for the restaurant. (1) 2.4 No outdoor seating is permitted at the site without approvals in accordance with the Tustin City Code. (7) 2.5 Authorization for the on-site sale of beer and wine (ABC License Type "41 ") is contingent upon the use of the subject premises remaining a restaurant as defined in the City of Tustin Alcoholic Beverage Sales Establishment Guidelines. Should the restaurant use change or be discontinued, the use permit shall become null and void. No ancillary bar use is permitted. (1) 2.6 The restaurant shall operate within all applicable State, County, and Tustin City Code provisions, including the City of Tustin Noise Ordinance. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject Conditional Use Permit, as provided by the Tustin City Code. (1) 2.7 "No Loitering" signs shall be placed near the entrance on the outside of the premises or in other specified locations where alcoholic beverages are sold. (1) 2.8 All litter shall be removed from the exterior areas around the premises including adjacent public sidewalk areas and parking areas, no less frequently than once each day that the business is open. (1) 2.9 An approved live entertainment permit is required prior to establishing any dancing or live entertainment on the premises. (1) 2.10 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (1) 2.11 All persons selling alcoholic beverages shall be eighteen (18) years of age or older and shall be supervised by someone twenty-one (21) years of age or older. A supervisor shall be present in the same area as the point of sale. (1) 2.12 Exterior public pay telephones shall be prohibited and interior public pay phones shall be programmed to prevent incoming calls. (1) 2.13 Business operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (***) 2.14 To verify that gross annual sales of food exceed the gross annual sales of alcoholic beverages, an audited financial statement shall be provided for Exhibit A Zoning Administrator Action 09-004 May 18, 2009 Page 4 review and approved by the Community Development Director upon request by the Community Development Department. If the audited financial statement demonstrates that the sales of alcoholic beverages exceeds the sales of food, then the sale of alcoholic beverages shall cease immediately until it can be determined whether the use is operating as a restaurant or a bar that would be subject to distance separation requirements. FEES (1) 3.1 Prior to issuance of any permits, the applicant shall pay all applicable Building plan check and license permit fees to the Community Development Department. (2) 3.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.