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HomeMy WebLinkAbout04 CUPs 09-009 and 09-020ITEM #4 Report to the Planning Commission DATE: AUGUST 11, 2009 SUBJECT: CONDITIONAL USE PERMITS (CUP) 09-009 AND 09-020 APPLICANT: YOSHINORI INADA, JAPONAISE BAKERY 600 EL CAMINO REAL TUSTIN, CA 92780 PROPERTY OWNER: PETER AND WILLIAM ZAPPAS 3922 EMERALD STREET TORRANCE, CA 90503 TUSTIi~ LOCATION: EL CAMINO PLAZA, 600-712 EL CAMINO REAL CREAM PAN/JAPONAISE BAKERY, 600-604 EL CAMINO REAL ZONING: CENTRAL COMMERCIAL WITH COMBINING PARKING OVERLAY (C-2 P) GENERAL PLAN: OLD TOWN GOMMERCIAL ENVIRONMENTAL THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1 - STATUS: EXISTING FACILITIES) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: APPROVAL OF A JOINT-USE PARKING ANALYSIS TO ALLOW FOR A REDUCTION IN OFF-STREET PARKING REQUIREMENTS DUE TO SHARED PARKING AMONG BUSINESSES WITHIN THE EL CAMINO PLAZA SHOPPING CENTER (CUP 09-009); AND, TO ACCOMMODATE THE ESTABLISHMENT OF A BONA FIDE RESTAURANT IN A 4,000 SQUARE FOOT TENANT SPACE WITH ON-SITE BEER AND WINE SALES AT THE RESTAURANT (CUP 09-020) Planning Commission Report August 11, 2009 CUPs 09-009 and 09-020 Page 2 RECOMMENDATION That the Planning Commission adopt Resolution No. 4122 approving Conditional Use Permit 09-009 and Resolution No. 4123 approving Conditional Use Permit 09-020. BACKGROUND Project Description The applicant is proposing to serve beer and wine for on-site consumption (ABC License Type 41) at the Japonaise Bakery in EI Camino Plaza. The Cream Pan portion currently serves as bakery for take-out purposes and the Japonaise Bakery portion serves as a restaurant for sit-down food service within an existing center .The applicant wishes to be able to offer customers beer and wine in conjunction with their meals. To accommodate the expansion of the restaurant use, the applicant has submitted a joint use parking analysis for the reduction of off-street parking requirements. Site and Surrounding Properties The site is an existing shopping center (EI Camino Plaza) on the western side of EI Camino Real, south of Sixth Street, and north of the I-5 Freeway (Attachment A - Location Map). The shared parking analysis would apply to the entire center, which is composed of addresses 600 - 712 EI Camino Real, also known as Assessor Parcel Numbers 401-631-01 and 401-631-15. The restaurant applying for alcoholic beverage sales is located in Suites 600 - 604 EI Camino Real in a pad building at the northeast corner of the shopping center near the intersection of EI Camino Real and Sixth Street. Other businesses in EI Camino Plaza include a health and fitness gym, small salons, a variety of restaurants, and general retail uses. The project site (EI Camino Plaza) is neighbored by the Beach Pit BBQ Restaurant and residential areas (Old Town Tustin/Cultural Resources District) to the north, Planned Industrial areas to the west, commercial properties to the east, and the Santa Ana Freeway (Interstate 5) to the south (see Figure 1). Cream Pan/ Japonaise Bakery Figure 1. Planning Commission Report August 11, 2009 CUPs 09-009 and 09-020 Page 3 History The EI Camino Plaza is an existing shopping center with approximately 33 tenants and a large common parking area. In 2001, the Planning Commission adopted Resolution No. 3776, approving Conditional Use Permit 01-002 to authorize shared parking within EI Camino Plaza to establish a restaurant with on-site beer and wine sales. The proposed project is a similar request to update the parking analysis to verify that sufficient on-site parking facilities exist to accommodate the expansion of a restaurant into what was formerly a retail suite. The approval of CUP 09-009 for a subsequent joint use parking analysis would supersede the approval of CUP 01-002 by Resolution No. 3776, including conditions of approval, as it relates to shared parking only. The provisions of Resolution No. 3776 related to the approval of a restaurant with on-site beer and wine sales at 654 EI Camino Real would remain unchanged. Per Ordinance 1354 (Off-Street Parking Requirements) adopted in November 2008, "restaurants, cafes ... or other similar establishments for the consumption of food and beverages on the premises" now require parking at the ratio of one (1) space for each 100 square feet of gross floor area. When the tenant improvement for the expansion of the cafe was completed, it was approved under the provisions of the previous code related to parking, which required parking based on the number of seats (one space per three seats). Therefore, the cafe was permitted to occupy the space within a limitation on the number of seats allowed. However, the applicant has subsequently requested on-site alcoholic beverage sales at the restaurant. In order to be exempt from distancing requirements to residential properties, other on- and off-site sales establishments, and sensitive uses such as churches and schools, the business must be considered as a bona fide restaurant, per the definition in the Alcoholic Beverage Sales Establishment Guidelines. Due to this expansion of use, a new parking summary was required. The parking lot at the center is very large and is used jointly by a number of commercial/retail uses. However, due to the high concentration of restaurant uses, the site as a whole does not meet the code requirements for required off-street parking. Tustin City Code Section 9264 allows for a reduction of off-street parking requirements fior joint use of parking areas for nonresidential uses with different peak hours of operation with the approval of a conditional use permit by the Planning Commission, for which an application has been filed. DISCUSSION Joint-Use Parking EI Camino Plaza is a large commercial center with a large parking lot that currently provides 484 parking spaces. Under the current City parking standards, the site as a whole is deficient in parking. Tustin City Code Section 9294 allows for a reduction ofi off-street parking requirements with the approval of a conditional use permit for parking facilities to be used jointly for nonresidential uses with different peak hours of operation. The request for a CUP requires the applicant to submit a parking study prepared by a California licensed traffic engineer or Planning Commission Report August 11, 2009 CUPS 09-009 and 09-020 Page 4 civil engineer experienced in the preparation of such studies using Institute of Transportation Engineers (ITE) methodology. The study needs to demonstrate the following: 1. No substantial conflict will exist in the peak hours of parking demand for the uses for which joint use is proposed; The number of spaces available after the reduction shall accommodate the reasonably anticipated needs of the center during different hours of operation; 3. Parking spaces designated for joint use shall be located so that they will adequately serve the uses for which they are intended. Additionally: 4. A written and recorded agreement shall be drawn and executed by all concerned parties to ensure the continued availability of the number of parking spaces designated for joint use and availability of reciprocal access easements. 5. Planning Commission approval of a conditional use permit is required for parking areas serving structures totaling over 30,000 square feet. Parl~ing Analysis The applicant submitted a Shared Parking Study for EI Camino Plaza prepared by K2 Traffic Engineering, Inc (Attachment C). The analysis included a field survey of actual usages at the existing parking lot performed over an 8-hour period on a Friday and Saturday to account for peak weekday and weekend conditions. Peak usage was observed at 7:00 p.m. on Friday evening showing 330 spaces being utilized. Saturday peak usage was observed at 7:45 p.m. showing 260 parking spaces being utilized. The study finds that the proposed restaurant expansion can be accommodated by the existing 484 spaces on-site. The City's Traffic Engineer has reviewed the submitted study for methodology and accuracy and concurs that sufficient parking capacity exists to grant the reduction of off- street parking requirements through joint-use parking to accommodate the proposed restaurant expansion. The analysis is based on the current mix of uses in the center; any changes to the uses listed in Appendix A (Existing Tenant Information) of the approved Parking Demand Study would require approval by the Community Development Director. If in the future a parking problem is determined to exist on the site, Condition 2.4 of proposed Resolution No. 4122 allows the Community Development Director to require the property owner to prepare a parking demand analysis and provide interim and permanent measures to mitigate the problem. The parking study analyzes parking counts only and does not analyze the conformity of the parking lot design or striping to current code requirements. No changes to the parking lot layout are proposed in conjunction with this application, but any future changes to the Planning Commission Report August 11, 2009 CUPS 09-009 and 09-020 Page 5 parking lot design, layout, circulation, number or size of stalls would require approval by the Community Development Department (Condition 2.2 of proposed Resolution 4122). Alcoholic Beverage Sales Regulations and Guidelines The site is located in the Central Commercial with Combining Parking Overlay (C-2 P) zoning district and Old Town Commercial General Plan Land Use Designation. Tustin City Code Section 9233c(v) lists alcoholic beverage sales establishments as a conditionally permitted use in the C-2 district. The sale of beer and wine far 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 premises' 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 90 percent of sales are estimated to be from food and 10 percent from alcohol and that no separate bar area is proposed. On-site alcoholic beverage sales establishments except restaurants are subject to distance requirements to residential properties, sensitive uses, and other alcoholic beverage sales establishments. The Tustin Police Department has reviewed the application and does not have any concerns at this time. Proposed Resolution No. 4123 contains conditions of approval that are consistent with the City's Alcoholic Beverage Sales Establishment Guidelines to mitigate any potential adverse impacts for on-site sale and consumption of beer and wine in conjunction with the restaurant. Hours of Operation The restaurant and bakery currently operate from 7:00 a.m. to 4:00 p.m. The applicant's proposed hours of operation are from 7:00 a.m. to 10:00 p.m. daily. In order to provide additional flexibility consistent with other restaurants in the area, Condition 2.3 of proposed Resolution No. 4123 limits the hours of operation to 7:00 a.m. to 11:00 p.m. daily, should the applicant decide to extend the closing time by one (1) hour in the future. Any other extensions to the hours of operation could be approved by the Community Development Director if it is determined that no adverse impacts to the surrounding tenants or properties would occur. Pursuant to proposed Condition 2.3, food service shall be available at all times when alcoholic beverages are served. Planning Commission Report August 11, 2009 CUPS 09-009 and 09-020 Page 6 FINDINGS CUP 09-009 -Joint-Use Parkin In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed project will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request can be supported by the following findings: 1. That a Shared Parking Study dated May 8, 20D9, was prepared by a licensed traffic engineer (Kay Hsu, P.E., of K2 Traffic Engineering} in accordance with Tustin City Code Section 9264; 2. That the Shared Parking Study has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy; 3. That the Shared Parking Study demonstrates that no substantial conflict will exist in the peak hours of parking demand for the center for existing and proposed uses and that the proposed restaurant expansion can be accommodated on site; 4. That the number of spaces needed for the proposed restaurant does not exceed the number of spaces anticipated to be available during different hours of operation; 5. That the parking spaces designated for joint use are located such that they will adequately serve the uses for which they are intended; 6. That the proposed use, as conditioned, will not have a negative effect on surrounding properties or impact traffic or the availability of parking in that sufficient parking would be available on-site; 7. That a written agreement is required to be recorded on all properties involved to ensure the continued availability of the number of parking spaces designated for joint use and availability of reciprocal access easements. CUP 09-020 -Alcoholic Beverage Sales In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed on-site alcoholic beverage sales will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request can be supported by the following findings: Planning Commission Report August 11, 2009 CUPS 09-009 and 09-020 Page 7 That the sale of proposed on-site sale and consumption of beer and wine are permitted within the Central Commercial (C-2) zoning district with the approval of a Conditional Use Permit; 2. That 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; 3. That as conditioned, the proposed 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; 4. That per the Alcoholic Beverage Sales Establishment Guidelines, 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; 5. That the restaurant use is located within a retail center and a commercial corridor along EI Camino Real where a variety of retail, office, and restaurant uses are located. The characteristics of the use and proposed hours of operation from 7:00 a.m. to 11:00 p.m. daily are consistent with the operations of surrounding uses; That the restaurant expansion can be accommodated by the existing parking capacity, as found in the accompanying joint-use parking analysis (CUP 09- 009); 7. That the Tustin Police Department has reviewed the application and has no immediate concerns. J c.c~-cJ Reina Kapadia Elizabeth A. Binsack Associate Planner Community Development Director Attachments: A. Location Map B. Submitted Plans C. Submitted Parking Study D. Planning Commission Resolution No. 4122 E. Planning Commission Resolution No. 4123 S:1Cdd1PCREPORT120091CUPs 09-009 and 09-020 (EI Camino Plaza parking and ABC).doc Attachment A Location Map LOCATION MAP ADDRESS: 600 - 712 EL CAMINO REAL PROJECT NO.: CUPS 09-009 & 09-020 JOINT-USE PARKING AND ON-SITE ALCOHOLIC BEVERAGE SALES Attachment B Submitted Plans Ci~~,~1„~ ~',~N X000 EL C::nn~rA~i,n ~F~~ Sri i~t~~~ r- n. ca~~ D n ~~: \ \ `,. LEGEND: I .., ~ ~ ~` ~ ., ~~ 00 ~' .~ ~. i ~`~, µ a ..~_ .:..:.............~, .,.,_n.,......,~ ~ro _~ ~, ~~ ~~ u o ~ z -~ o oA m~ ~z~ r D ~ C~ m ~ Z '~ G? ~A A~~~ . PARKING AREA /k PARKING SPACES: NOTE: I. TOTAL PARKING: 484 SPACES BASEp ON ACTUAL COUNTS ON FEB.2T,2009 2. LAYOUTS ARE Sr-IOUJN APPROXIh1ATE ONLY. THIS IS NOT AN AS-BUILT PLAN. 3. PARKING AREAS SNOIUN ARE FOR THE CONVENIENCE OF FIELp COUNTS,IRRELEvANT TO DISTRIBUITIDN PATTERN,IF ANY,OF THE PARKINCs LOT, ~, ~_ ~~ ,,. G7 Gy ~~ -1-,- r ,°- ~ ~~ ~_ ~~ C~ ~~ C~ ~ ~ G~ 47 I~ \\ \~ ~, ~\\~ \~_t r _.__ _ ~._ .._ ._ ,~ l\\ \ l \\ kw~MlYwxA\. SITE PLAN ,~ ~~ ,~ ~ ~ ~~ ~ ;% ~ ~~ ~~ , ° r : ~, ,, ; ~ ' '~ ~ \\ ~ `, ~~, ~~~ ~ ~, N ~ \~ KtCEIVED D~ ~ ~~ EL CAMIN~ REAL SAY ~~ 2009 ~~ -~ ~Az COMMUNITY DEVELOPMENT DEPT ~ ~ _~ X 2 REVI510N5 ~~;o N~/ Q ~ ~ N IF 0 v U N ~ ~ ~ ~ ~ UI~~dV ~ ~ ~ ~ ~ ~~W ~ ~ QT ~~ ~, W az~~~ ~Q~NO ~nlLZm~ m ~~d z~~z~ ~O~~r ~~ 0 ~ U z a J ~ ~ DRAwN L.P. 0 n '~ ~ CNECKtq ~ ~~ ATE ~ D ~ m 09-18-OS Z ~ SCALE z I~~= 40'-0" ~ doa No, z 081 SHEET NO I j REVISIONS Y FLOOR PLAN LEGEND j __ - ExIT DooRS _ (AJ TACTILE EGRESS SIGN HARDWARE lB~~ hCCESIBIE ENTRANf,E SIGN DOOR HP.NCLES,PULLS,LATCHE5,LOCKS AN-DTHER ALL WOOD CONSTRUCTION SHALL COMPLY OPERAITNG I]EVICES ON DOORS REDUIREO TUBE WITH CODE SEC. 2320 AND MINIMUM NAILING ACCESSIBLE BY CIigP'fL-R 11A OR CHAPTER 116 ShIhLL WITH CODE TABU 2&11-B-1. NOT IiEOUIRE TIGHT GRASPING, f IGHT PI1VChIING OR TWISTING DF TFIE WRI57 TD DPERATE,(SFC.tUUB TB.'?) EXIT DOORS SHALL BE DPERABI E FROM THE INSIDE WITHOUT TI1E USE OF A KEY OR ANY DOOR SCHEDULE SPECIAL KNOWLEDGE OR EFFORT. SYMBO{. 'SIZE DESCRIPTION MATERIAI. ALL NEW CONSTHUCUON ISHAGFD)SHAIL LOCKS BE DONE IN hCG012DANCE WITFI THE 2UU7 1 ~ 3'11"X8'8" ~, HOLLOW INTERIOR ~ WOCD KEY LOCKING HARDWARE MAY BE USED ~ CALIFORNIA BUILDING,PLUMBING,MEChIANICAL DOOR AND ELEO7RICAL CODF_S, ANG ALL LOI,AL i AT THE MAIN ENTRY DOOPS, PROVIDED A CODES ANU ORDINANCES.AI L WORK SHALL SIGN IN CONTRASTING LETTERS OF I INCH COMPLY WI'fW FHE CAL1FpRNIA BUILDING 2 13'-0"X6'8" SOLID F~TERIOR GLASS WI Z pR MORE. 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E (~I ~ Biacwx ~ - ~ i - - - - - ~ ~ ~~'.r, I. 1 A} ~ ~ ~l~ ~E)(IT'~ ~ I i~ H . _ ~~ H iEX1T'~ ~-- _ X817 r.n - __ -- ~ IE) T ro it no.rv nc rn io~rrc envrr a r n _. a _rvr -a- _ _. - -_ _.- rr..x,v: r.u mr rnv eorki, ~ 2 ~,.. :: ~.. _; _._-_ _.-iv'-~ .t~ ro •;.m _. ii, ~.~ ~nw r, .~.rv~, r.m- err ~ 6 p ~::_ l) I (~) ~ I) i c r ~ o •~~~n~ SHEET N0, niE roman i6! ~ ~ I ,.~ rE~ui i~~ir~~n ur id iii. lx -..iNC - 1 o c ~i ii r N~, i i rr raJOr~~r eano. nx ti.o ~. ~ ~ i r i r i' rr rd~w ~rx!;n e~R:~~~ ,,,..,~ STORE # 1 STORE # 2 STORE # 3 r ~ ~r.~n ~~ 2 Attachment C Submitted Parking Study K2 Ice TRAFFIC EN6INEERIN6, Inc, G ~raliic Cvntrbl .Signal . Synchrnnizatipn . I'arKiny . 5Yudy May 8, 2009 RESPONSE TO COMMENTS CREAM PAN BAKERY PARKING DEMAND STUDY The revised study dated May 8, 2009 has incorporated review comments with the following responses: No. 2 The total parking space should be 484, based on actual conditions on Feb.27, 2009. Site plan (Parking Layout) has been revised. No. 3, 5 ~ 8 Comments addressed. No. 9 Appendix A is revised to show 3,000 SF for the existing Cream Pan facility. No. 10 Comments addressed. No. 1 l The concept of "zones" is introduced only for the convenience of field counts, irrelevant to distribution pattern, if any, of the parking lot. The parking lot is permitted for parking of all tenants and costumers of the El Camino Plaza. Our observation found that parking spaces are available within reasonable distances, on site, at any time during our field surveys, indicating "they can adequately serve the use for which they are intended." No. 1.2 Total parking lot is verified for 484 parking spaces, based on actual conditions on Feb.27, 2009. Tlae Study, exhibits, and appendix, are revised accordingly. For comment not listed above, please see responses from the architect or project owners. if there are any questions, please feel free to call Kay Hsu, Traffic Engineer, at (714) 832-2 t 1 b. K2 Traic Engineering, lnc. 14421rvine Blvd, Suite 235, Tustin, CA 9278D Tel. 714-832-2116 Fax 949-266-5875 Email k2trafIic(r~~nail.com ~L 1C2 TRAFFIC EN6INEERIN6, Inc. rG. u.~i~.~ c~~~~~~~~i i<<,~,.~i s~i~uo~u~d.a~~„~~ r~~~.~~~.i ;i~~:w May 8, 2009 Yoshi Inaoa Cream Pan Bakery 600 El Camino Real Tustin, CA 92780 Re: Shared Parking Study for Cream Pan Bakery E~ Camino Plaza, Tustin Dear Yoshi, Per your request, we have conducted a shared parking study for the proposed expansion of Cream Pan Bakery in El Camino Plaza. This letter presents our methodology and findings in regards to the adequacy of parking spaces. EXISTING CONDITIONS El Camino Plaza is situated at the southwest corner of El Camino Real and 6`" Street in the City of Tustin. Existing tenants at the plaza include Bally Total Fitness, Curtain Call Dinner Theater, restaurants, retail stores, and offices. At the time of survey, there are only three vacant unit (Suite 632C, 668B, and 702). The tenant information can be found in Appendix A. PROJECT INFORMATION The Cream Pan expansion will reclassify Cream Pan to a restaurant use by adding the neighboring vacant unit (1,000 square feet) to the existing restaurant (3,000 square feet). Upon completion of the expansion, the proposed bakery/cafe will occupy the entire existing building of 4000 square feet. The proposed project also plans to extend its business hours to ] 0 pm (currently open from 7 a.m. to 4 p.m.). ~~~~~~E~ MAY 2 0 2009 CQMMUNI7Y p~VE~gPM~hrf I~~P'T Shared Parking Study for Crecrm Pan Bakery El Camino Plaza, Tustin PARKING REQUIREMENTS May 8, 2009 Page 2 of 3 According to Ordinance No. 1354 of the City of Tustin, off-street parking is required for restaurants at the ratio of one space far each 100 square feet of gross floor area. The restaurant expansion should require ten (10) parking spaces. With consideration of the existing business operation, the proposed project requires ten (10) additional parking spaces for its current business hours between 7 a.m. and 4 p.m,, forty (40) additional parking spaces for its extended business hours between 4 p.m. and 10 p.m. The project parking demands are shown in Table 2. Table 2. Project Parking Demand Parkin S ace Cream Pan Bakery (Restaurant Ex ansion Cream Pan Bakery Existin Gafe Tota! GFA 1,000 s .ft. 3,000 .ft. Land Use Restaurant Restaurant Parkin Ratio 1 s ace / 100 s .ft. 1 s ace / 100 s .ft. 7AMto4PM 10 0 10 4 PM to 10 PM 10 30 40 A full calculation for parking requirement of all tenants is provided in Appendix A. SHARED PARKING ANALYSIS Shared parking analysis includes a field survey of actual usages at the existing parking lot. This field data is used to evaluate the adequacy of the parking supply to accommodate existing and future parking demand. The field surveys were performed on a normal {non-holiday) Friday and Saturday to take into account both weekend and weekday parking demands. Parked vehicles were counted by K2 Traffic Engineering, Inc. in the parking lot every 15 minutes for eight ($} hours each day on February 27, 2009 and February 2$, 2009. The existing parking lot was subdivided into five areas for the convenience of field observations. As shown on Sl~ar~ed. Parking Study fvr Creanr Pun 73akery May b', 2009 El Camino Plaza, Tuslin Page 3 of 3 Exhibit 1, parking areas are used for the convenience of field counts, irrelevant to distribution pattern, if any, of the parking lot. At the ti><ne of field observation, our actual counts totaled 484 parking spaces. To account for vacant units, the study applied the parking ratio of one space for 25U square feet for retail/office use. There are three vacant units, a total of 3,06]. square feet, requiring thirteen (13) parking spaces. Vacant units and existing tenant parking combined, the peak parking period occurs at 7:00 p.m. on Friday using 330 parking spaces and at 7:45 p.m. on Saturday using 260 parking spaces. The field data can be found in Appendix B. The result of the survey is illustrated in Exhibit 2 to Shaw hourly accumulations. SUMMARY Our field survey has shown that there are 154 and 224 available parking spaces within the El Camino Plaza at the peak parking period on Friday and Saturday, respectively. The project demand of (arty (40) parking spaces can be adequately provided by the available parking spaces. Regards, K2 Traffic Engineering, Znc. ~R FEg$~pH ~~~~~ ,~p,Y NSA '~~yc ~' W T2~/2~5 m Jende Kay Hsu, P.E., 'C.E. * E~ ~(, ~°ir° ~' State Licensed C6 3558 & TR22f~5 ,~, h.~~,r. _ (Exhibit 1, 2, appendix A, B) Q(a0F ESS/pN Q4~ ~,PY NSA q< ~~ c~ No. 63 58 c Exp: ~ 3 /v 'k _ K2 Traffic Engineering, Inc. 1442 Irvine Blvd, suite 235, Tusiin, CA 9278U 'r.714-832-2116 F.949-266-5875 ImaiL k2traffic~it gruail.com SIXTH ST PROPOSED EXPANSION BY CREAM PAN _. I _ __ __ ;~. ~ -~ - r/ ~~ ~ 1 II 1~ ~ ~ ~ t- ~'2~ E(102) ~~ EXISITING CREAM PAN j \ EXISfRNG ~~ ~' ~ ~`,` ~~ ~,~ ~~ ~ BAKERY CAFE \ ~ BUILDING ~ jw/ ~j ~ ~ ~ \. ri 12 ~~ \ .b~ ~ ~ / % .~ ExlsmNC ~. ~. J >- o ~ % BUILDING ~ - % ,~ ~ ~ ' ~ ~: % ;: c, -~ / ~ ~ ,,~~ C(~99) ~ ~: ~ i+, -~ 20 20 EXISffiNG / /~ i ~ ~ ~ 3 % % J BUILDING ~' ~ ~ - - ~ % w r/ / / i / / / ~ ~ ~ !~ r! ~ ~ ~l ' i O ~ ' ~ ~ ~ ~` / I ! ICI ~~/I . 6 `,~, f / ~ EXISRING /~~ EXISTING BUILDING BUILDING EXISITING BUILDING ~/i ~ / /% ~ i {~' B(14) ., A(Y) =PARKING AREA (X PARKING SPACES) a~ NORTH ~: NOT TO SCALE 1. TOTAL PARKING: _48.4._ SPACES, BASED ON ACTUAL COUNTS ON FEB. 27, 2009 2. LAYOUTS ARE SHOWN APPROXIMATE ONLY. THIS IS NOT AN AS-BUILT PLAN. 3. PARKING AREAS SHOWN HERE ARE FOR THE CONVENIENCE OF FIELD COUNTS, EI Camino Plaza Parking Study IRRELEVANT TO DISTRIBUTION PATTERN, IF ANY, OF THE PARKING LOT. PARKING LAYOUT K2 TRAFFIC EJVGJAlEERJNG EXHIBIT 1 w 0 a N .6 m a~i v +. N co a 0 c .~ m U w Wd 00=04~ ~ Wd sb~6 d ~ Wd 0£~6 ~r ~ wd s4~6 Wd 006 Wd sti=8 sc ~ Wd OE~B G Wd s4~8 - Wd 008 - Wd 9i~~L - Wd 0£~L - Wd 841 Wd 001 Wd sti;9 Wd OE~9 - Wd s4=9 Wd 009 E Wd s~~8 ~ Wd 0£~s Wd s4~s Wd OO~s Wd 9i~~~ - Wd D£~b Wd s4~~ Wd OO~b - Wt/ OE~4 W~/ 944 - Wb00~4 . W`d ~i~~Z4 Wd D£=Z4 Wb+s4~Z4 - Wb' OO~Z4 Wd 9~~ 4 4 Wb' 0£ ~ 4 4 O ~ ~ mad' PAY M N N ~ O ~ se~edg 6u~~ed Appendix A. Existing Tenant Information EI Camino Plaza, Tustin, CA As of 2/27!2009 Data provided by EI Camino Plaza Suite Tenant Business Name T e of Business S . Ft. City Code Requirement S .Ft.lS ace Req'd Parking S aces 710 360 Self Defense & Fi htin ,Inc. HealthlFitness 5,200 150 34.7 610 Alteration 8 Cleanin Center Retail Stores 600 250 2.4 654 Baden Baden-Nandae am Restaurant 2,000 100 20 630 Ball Total Fitness Health/Fitness 30,000 150 200 620 Best Hair Care Personal Services 600 250 2.4 706 Bronco Cleaners Personal Services 2,000 25D 8 632A/6 CA Coast G mnastics Health/Fitness 6,000 150 40 640 COIH Golf Retail Stores 1,800 250 7.2 70oB Con uest Auto Brokers a Office 1,500 250 6 600-602 Cream Pan Existin Gaff Restaurant 3,000 100 30 672 Deva's Loun a Loun a 2,475 1 DO 24.8 700A EI Camino Plaza -OFFICE Office 125 Z50 0.5 692 Irma's Jewel Retail Stores 777 250 3.1 664 IV Cafe Restaurant 1,800 100 18 656 JJ Music Studio-D&V Enter rise Inc. Loun a 2,000 100 20 658 Kita'ima Sushi 8 Te an Restaurant 2,600 100 26 638 Laxmi Sweets and 5 ices Restaurant 2,900 100 29 682 Lon Hai Restaurant Restaurant 1,375 100 13.8 67678 Manila Groove Restaurant Restaurant 1,650 100 16.5 680 Mimi Beau Salon Personal Services 1,700 250 4.4 68488 Oran a Coun Kosher Market Convenience Store 3,159 250 12.6 694 Sass Nails Personal Services 563 250 2.3 704 Sima's Insurance A enc Office 775 250 3.1 696 Soccer USA Retail Stores 1,375 250 5.5 690 The Curtain Cal! Dinner Theater 300 seats Performance Theater 10,477 1/3 seats 100 650 Tustin Health S a Personal Services 6,825 250 27.3 708 Tustin Shoe Re air Retail Stores 750 250 3 712 Videoland Video Rental 3,750 250 15 Total 87,176 675.6 604 Pro osed Ex ansion: Cream Pan Bake Restaurant 1,000 100 10 6320 Vacan Retail/Office 2,000 250 8 668E Vacan Retail/Office 625 250 2.5 702 Vacan Retail/Office 436 250 1.7 Total Parkin Re uirements Existin Tenants + Pro osed + Vacan B88 Less Actual Parkin S aces 484 Actual Parking Reduction 214 APPENDIX B. PARKING SURVEY (FRIDAY) P6038- EI Camino Plaza Parking, Tustin, CA Date 2!27!2009 Day Friday By Young W. Area A B G D E Vacanc Total SPACE 145 15 100 130 102 492 11:30 AM 20 5 65 34 64 13 201 11:45 AM 20 5 82 40 60 13 220 12:00 AM 21 5 89 39 57 13 224 12:15 AM 22 5 88 42 57 13 227 12:30 PM 20 6 82 34 61 13 216 12:45 AM 23 6 91 36 72 13 241 1:00 AM 22 5 93 38 66 13 237 1:15 AM 22 4 $6 32 66 13 223 1:30 AM 20 4 83 36 56 13 212 4:00 PM 28 3 72 33 59 13 208 4:15 PM 31 3 69 34 57 13 207 4:30 PM 34 3 72 38 61 13 221 4:45 PM 41 3 83 40 65 13 245 5:00 PM 41 3 80 52 69 13 258 5:15 PM 41 3 85 50 63 7 3 255 5:30 PM 46 3 81 50 63 13 256 5:45 PM 46 3 88 60 72 13 282 8:00 PM 46 3 90 68 72 13 292 6:15 PM 45 4 88 86 6$ 13 304 6:30 PM 47 4 88 90 70 13 312 6:45 PM 50 4 90 99 66 13 322 7:00 PM 54 4 89 102 68 13 330 * 7:15 PM 48 4 83 86 57 13 291 7:30 PM 41 3 81 80 54 13 272 7:45 PM 41 4 87 84 58 13 287 8:00 PM 42 4 86 81 53 13 279 8:15 PM 42 4 89 71 52 13 271 8:30 PM 48 4 89 71 52 13 277 8:45 PM 41 3 89 69 47 13 282 9:00 PM 44 3 92 64 45 13 261 9:15 PM 37 3 $6 55 38 13 232 9:30 PM 36 3 86 57 35 13 230 9:45 PM 39 3 86 52 32 13 225 10:00 PM 36 3 83 51 31 13 217 * Peak Parking = 330 at 7:00 P.M. APPENDIX B. PARKING SURVEY (SATURDAY) Date P6038- EI Camino Plaza Parking, Tustin, CA Day By Date 2/28/2009 Day Saturday By Young W. Area A B C D E Vacanc Total SPACE 145 15 100 130 102 492 11:3o AM 20 5 66 45 61 13 210 11:45 AM 23 4 72 47 67 13 226 12:00 AM 27 4 81 48 68 13 241 12:15 AM 21 4 77 43 59 13 217 12:30 PM 24 3 73 44 54 13 211 12:45 AM 21 3 73 36 60 13 206 1:00 AM 20 3 62 30 57 i 3 185 1:15 AM 20 3 61 28 57 13 182 1:30 AM 19 3 59 32 56 13 182 4:00 PM 27 3 57 31 52 13 183 4:15 PM 31 4 63 31 49 13 191 4:30 PM 33 3 61 32 36 13 178 4:45 PM 34 3 70 40 38 13 198 5:00 PM 35 4 74 44 42 13 212 5:15 PM 26 3 75 46 25 13 188 5:30 PM 29 3 76 49 25 13 195 5;45 PM 31 3 77 52 23 13 199 6:00 PM 34 3 $6 56 24 13 216 6:15 PM 33 4 83 63 27 13 223 6:30 PM 32 4 89 68 32 13 238 6:45 PM 29 4 86 71 34 13 237 7:00 PM 30 4 83 75 38 13 243 7:15 PM 33 4 91 75 43 13 259 7:30 PM 33 4 94 72 42 13 258 7:45 PM 39 4 $9 74 41 13 260 "` 8:00 PM 36 4 90 83 17 13 243 8:15 PM 37 4 85 85 12 13 236 8:30 PM 36 4 87 78 14 13 232 8:45 PM 36 4 86 80 11 13 230 s:oo PM 28 3 81 73 9 13 207 9:15 PM 29 3 78 66 9 13 198 9:30 PM 29 3 75 50 8 13 178 9:45 PM 28 3 75 49 8 13 176 10:00 PM 28 3 72 48 8 13 172 * peak Parking = 260 at T:45 P.M. Attachment D Planning Commission Resolution No. 4122 RESOLUTION NO. 4122 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 09-009 TO ALLOW FOR A REDUCTION IN OFF-STREET PARKING REQUIREMENTS DUE TO SHARED PARKING AMONG BUSINESSES WITHIN THE EL CAMINO PLA7J1 SHOPPING CENTER AT 600-712 EL CAMINO REAL The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 09-009 was filed by Yoshinori Inada for a joint use parking analysis for the EI Camino Plaza shopping center at 600-712 EI Camino Real; B. Pursuant to Tustin City Code (TCC) Section 9264, parking facilities may be used jointly for non residential uses with different peak hours of operation with the approval of a Conditional Use Permit by the Planning Commission; C. That the proposed use is consistent with the General Plan and Tustin City Code in that the property is designated as "Old Town Commercial" and zoned "Central Commercial" (C-2} which allows for a variety of retail, service commercial, office, and restaurant uses. In addition, the project has been reviewed for consistency with the Air Quality Sub-Element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-Element; D. That the site is improved with six (6) commercial buildings of approximately 97,176 square feet of floor area and a common parking area with 484 stalls. E. That a public hearing was duly called, noticed, and held on said application on August 11, 2009, by the Planning Commission; F. That in 2001, the Planning Commission adopted Resolution No. 3776 approving CUP 01-002 which authorized shared parking within EI Camino Plaza to establish a forty (40) seat restaurant and to sell beer and wine for on-site consumption in conjunction with the restaurant at 654 EI Camino Real. Approval of CUP 09-009 for a subsequent shared parking analysis of EI Camino Plaza and the conditions contained herein shall supersede the provisions of Resolution No. 3776 and associated conditions of approval related to shared parking only. Provisions of Resolution No. 3776 related to authorization for a restaurant with on-site beer and wine sales at 654 EI Camino Real shall remain unchanged; Resolution No. 4122 Page 2 G. In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed project will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request can be supported by the following findings: 1. That a Shared Parking Study dated May 8, 2009, was prepared by a licensed traffic engineer (Kay Hsu, P.E., of K2 Traffic Engineering) in accordance with Tustin City Code Section 9264; 2. That the Shared Parking Study has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy; 3. That the Shared Parking Study demonstrates that no substantial conflict will exist in the peak hours of parking demand for the center for existing and proposed uses and that the proposed restaurant expansion can be accommodated on site; 4. That the number of spaces needed for the proposed restaurant does not exceed the number of spaces anticipated to be available during different hours of operation; 5. That the parking spaces designated for joint use are located such that they will adequately serve the uses for which they are intended; 6. That the proposed use, as conditioned, will not have a negative effect on surrounding properties, or impact traffic on the ability of parking in that sufficient parking would be available on-site; 7. That a written agreement is required to be recorded on all properties involved to ensure the continued availability of the number of parking spaces designated for joint use and availability of reciprocal access easements. F. The project is Categorically Exempt Pursuant to Section 15301 (Class 1 - Existing Facilities) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Quality Act). The Planning Commission hereby approves Conditional Use Permit 09-009 to allow a reduction in off-street parking requirements due to joint use parking within EI Camino Plaza, subject to the conditions contained in Exhibit A attached hereto. Resolution No. 4122 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 11t" day of August, 2009. CHARLES E. PUCKETT Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4122 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11 t"day of August, 2009. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4122 CONDITIONAL USE PERMIT 09-009 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 11, 2009, on fife with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Approval of Conditional Use Permit 09-009 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 notarized "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. (1) 1.4 As a condition of approval of Conditional Use Permit 09-009, the applicant shall agree, at is sole costs 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 defense of any such action under this condition. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4122 Page 2 (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). USE RESTRICTIONS (***) 2.1 Any changes to the uses listed in Appendix A (Existing Tenant Information) of the Shared Parking Study dated May 9, 2009, parking lot design, layout, circulation, or number or size of stalls shall be subject to review and approval by the Community Development Department. (***) 2.2 A written agreement shall be drawn to the satisfaction of the City Attorney and Community Development Director and executed by all parties concerned assuring the continued availability of the number of parking spaces designated for joint use and availability of reciprocal access easements. The agreement shall be recorded on all parcels subject to the agreement. (1) 2.3 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the property owner to prepare a parking demand analysis and bear all associated costs. If the study indicates that there is inadequate parking, the property owner shall be required to provide immediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. FEES (2) 3.1 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. Attachment E Planning Commission Resolution No. 4123 RESOLUTION NO. 4123 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 09-020 TO AUTHORIZE ON-SITE ALCOHOLIC BEVERAGE SALES FOR BEER AND WINE IN CONJUNCTION WITH A BONA FIDE RESTAURANT LOCATED IN A 4,000 SQUARE FOOT TENANT SPACE AT 600-604 EL CAMINO REAL. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as fallows A. That a proper application for Conditional Use Permit 09-020 was filed by Yoshinori Inada to request authorization for alcoholic beverage sales for beer and wine (ABC License Type 41) for on-site sale and consumption in conjunction with the restaurant at 600-604 EI Camino Real; B. That the site is designated as Old Town Commercial by the City General Plan and is zoned Central Commercial District within the Combining Parking Overlay District (C-2 P), which provides for retail uses including restaurant establishments. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan; C. That alcoholic beverage sales establishments are listed as a conditionally permitted use in the Central Commercial (C-2) zoning district; D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 09-020 on August 11, 2009, by the Planning Commission; E. The use is located in EI Camino Plaza, which is a commercial center where a variety of retail and restaurant uses are located. The characteristics of the use and hours of operation would be consistent with other restaurants in the vicinity; F. In determining whether to approve the conditional use permit, the Planning Commission must determine whether or not the proposed project will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request can be supported by the following findings: That alcoholic proposed on-site sale and consumption of beer and wine are permitted within the Central Commercial (C-2) zoning district with the approval of a Conditional Use Permit; Resolution No. 4123 Page 2 2. That 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; 3. That as conditioned, the proposed on-site consumption of alcoholic beverages would be in conjunction with a bona fide restaurant where food will be served at all times when alcoholic beverages are served; 4. That per the Alcoholic Beverage Sales Establishment Guidelines, 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; 5. That the restaurant use is located within a retail center and a commercial corridor along EI Camino Real where a variety of retail, office, and restaurant uses are located. The characteristics of the use and proposed hours of operation from 7:00 a.m. to 11:00 p.m. daily are consistent with the operations of surrounding uses; 6. That the restaurant expansion can be accommodated by the existing parking capacity, as found in the accompanying joint-use parking analysis (CUP 09-009); 7. That the Tustin Police Department has reviewed the application and has no immediate concerns. G. The project is Categorically Exempt Pursuant to Section 15301 (Class 1 - Existing Facilities) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 09-020 to authorize alcoholic beverage sales of beer and wine for on-site sale and consumption only in conjunction with a bona fide restaurant located in a 4,000 square foot tenant space at 600-604 EI Camino Real, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 11t" day of August, 2009. CHARLES E. PUCKETT Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4123 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4123 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11 th day of August, 2009. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4123 CONDITIONAL USE PERMIT 09-020 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 11, 2009, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Approval of Conditional Use Permit 09-020 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 notarized "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. (1) 1.4 As a condition of approval of Conditional Use Permit 09-020, the applicant shall agree, at is sole costs 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 defense of any such action under this condition. {1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODElS (7) PC/CC POLICY (4) DESIGN REVIEW ~`*~` EXCEPTION Exhibit A Resolution No. 4123 Page 2 (1) 1.5 Conditional Use Permit 09-020 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 09-020 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). USE RESTRICTIONS (1) 2.1 Only on-site sale or consumption of alcohol 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. (**'~) 2.2 The applicant shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site (Type 41). A copy shall be provided to the City prior to establishment of the use. (1) 2.3 Business hours are limited to 7:00 a.m. - 11:00 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 adverse impacts to the surrounding tenants or properties will occur. (***) 2.4 Authorization for the on-site sales of beer and wine (ABC License Type "41 ") is contingent upon the use of the subject premises remaining a bona fide restaurant as defined in the City of Tustin Alcoholic Beverage Sales Establishment Guidelines. Changes to the use or floor plan shall require review and approval by the Community Development Director. Should the use be discontinued for a period of twelve (12) months or more, the use permit shall become null and void. (1) 2.5 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. (7) 2.6 "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. Exhibit A Resolution No. 4123 Page 3 (7) 2.7 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. (7) 2.8 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. (7) 2.9 Exterior public pay telephones shall be prohibited and interior public pay phones shall be programmed to prevent incoming calls. (7) 2.10 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. (7) 2.11 To verify that gross annual sales of food exceed the gross annual sales of alcoholic beverages, an audited financial statement may be requested for review and approval by the Community Development Director. 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 club that would be subject to distance separation requirements. PUBLIC WORKS/ENGINEERING (5) 3.1 The applicant shall provide written approval of Orange County Sanitation District (OCSD) service connections. FEES (2) 4.1 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 checheck, 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.