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HomeMy WebLinkAbout01 APPEAL OF CUP 09-023 11-17-09Agenda Item ' Reviewed.' ~, AGENDA REPORT City Manager Finance Director NIA MEETING DATE: NOVEMBER 17, 2009 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT 09-023 SUMMARY: Conditional Use Permit (CUP) 09-023 is a request to authorize the sale of beer and wine for on-site consumption (ABC License Type 41) in conjunction with an existing restaurant located at 14131 Red Hill Avenue (Exhibit A -Location Map). On October 13, 2009, the Planning Commission conducted a public hearing and adopted Resolution No. 4131 (Exhibit C), approving Conditional Use Permit (CUP) 09-023 to authorize the sale of beer and wine for on-site consumption (ABC License Type 41) in conjunction with an existing restaurant located at 14131 Red Hill Avenue. On October 20, 2009 the City Council appealed the Planning Commission's action. Applicant: Manojkumar C. Nilkanth Traditions Restaurant 28244 Springvale Lane Castaic, CA 91384 Current Listed Property Owner: Huber G. Wilson (deceased) c/o Old Town, Inc. 3185 Moritz Dr. Huntington Beach, CA 92649 Long Term Lease Holder (Land) Michael Pedicini 2187 Newcastle Avenue #100 Cardiff by the Sea, CA 92007 RECOMMENDATION: Long Term Lease Holder (Building): Larry Smith, Old Town, Inc. 3185 Moritz Dr. Huntington Beach, CA 92649-1877 Pursuant to Tustin City Code Section 9294(d), the City Council could take action on one of the following alternatives: 1. Reverse or modify the decision of the Planning Commission and direct staff to prepare a resolution denying Conditional Use Permit 09-023; or, 2. Adopt Resolution No. 09-65, approving Conditional Use Permit 09-023; or, 3. Remand the project back to the Planning Commission for further proceedings. City Council Report November 17, 2009 Appeal of CUP 09-023 Page 2 of 6 FISCAL IMPACT: The conditional use permit application is an applicant-initiated project. The applicant has paid applicable fees for processing this project. ENVIRONMENTAL ANALYSIS: The project is categorically exempt pursuant to Section 15301 (Existing Facilities) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). BACKGROUND AND DISCUSSION: The following provides a discussion of the background and history of the property and the project description associated with the pending conditional use permit. History The restaurant space at 14131 Red Hill Avenue has operated as a variety of restaurants, including Chuck's Steak House, Bourbon Street, Fitz's Pub and Lounge, and Roderick's. An ABC License for this site was first obtained in 1999 under CUP 98-029. The businesses operating under that CUP were cited for multiple violations, including: • Off-site consumption of alcohol; • Alcohol served when the kitchen restaurant); • Violation of permitted business hours; was closed (not operating as a bona-fide • Marijuana use; • Drunk driving; and • Disturbing the peace. In response to these violations, the CUP was revoked by the City Council in November 2008. The revocation specifically permitted the owner to reestablish abona-fide restaurant at the location and apply for a CUP for alcohol in the future. At that time, the ,City Council also stated that a Live Entertainment Permit would be inappropriate for this location in the future. Since the revocation, a new business owner (the applicant) has opened Traditions Restaurant. The applicant is requesting a new CUP to allow on-site alcohol sales in conjunction with the existing restaurant. While the ABC License for the previous restaurant was a Type 47 (beer, wine, and distilled spirits), the applicant is requesting a Type 41 (beer and wine only), though the applicant has indicated that he would like to upgrade to a Type 47 license in the future. Pursuant to proposed Condition 2.2, a future request to upgrade the license could be considered by the Community Development Director. City Council Report November 17, 2009 Appeal of CUP 09-023 Page 3 of 6 Project Description The site is located in the Retail Commercial (100 C-1 10,000) zoning district and Community Commercial General Plan Land Use Designation. Tustin City Code Section 9232b(p) lists alcoholic beverage sales establishments as a conditionally permitted use in the C-1 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 request to allow the on-site service of alcoholic beverages within an existing restaurant. Therefore, the proposed project requires a CUP for alcoholic beverage sales, but is not required to meet distance requirements to sensitive uses. Site and Surrounding Properties The site is located in an existing shopping center on the western side of Red Hill Avenue, south of Nisson Road and north of Walnut Avenue (Exhibit A -Location Map). The subject restaurant (Traditions) is located at the northern end of the shopping center, is approximately 6,680 square feet in size, and would have a maximum of 150 seats. Other businesses in the shopping center include Stater Brothers and a variety of small restaurants and general retail uses. Traditions Restaurant (Project Site) The shopping center in which the project site is located is neighbored by a Union 76 gas station and AI's Woodcraft to the north, Frontier Park and residential areas to the west, a mix of residential, commercial, and professional uses to the east, and an Arco gas station and residential uses to the south (see Zoning Map). City Council Report November 17, 2009 Appeal of CUP 09-023 Page 4 of 6 Restaurant Use and Layout The applicant is proposing to serve beer and wine for on-site consumption (ABC Type 41 License) at Traditions Restaurant. The restaurant operates as a sit-down restaurant, and the applicant wishes to serve customers beer and wine in conjunction with their meal. 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 Alcoholic Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001, and 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 on-site 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 75 percent - 80 percent of sales are estimated to be from food and 20 percent - 25 percent from alcohol. No outdoor seating is proposed. The restaurant consists of three levels. As proposed, the ground floor and upper floor would be used as dining areas while the lower floor would be a cocktail lounge and have a physically separate bar with ten (10) bar stools and eight (8) tables with four (4) chairs each. (Exhibit D -Submitted Plans) The submitted plans show the general arrangement of tables and chairs, though the arrangement could be slightly changed to accommodate different size groups. .21'- __ ~~ ~ -m - '..--- C ~-r~' i ~ , --~ ~~ (., ! r 1 u ~ ~ `o . P i -i J ~_~ n ~j ~J y I ~ i G Cocktail Louage Lower Area (J2 Seating)' (6 Tables) *Tables & Chairs can be moved to aecommodate different size parties i i_ i _-~ ~~ I w P ~, ~ i. n. `I ~-~ ~~ FLOOR PLAN ~'.,, -., ~~~ _ _. ,~.r.~~ci- ~, '^ ,-, ' -vl.~ Diaiag Room Upper Area Eafreace to main (32 Seating)• Diofng Room Area (8 Tables) _.._.31+._ .. - - ---.J {----- o ~/ ~ r .~' ~ - y ~ ' ~ r Y ---------- ~ :f Dining Room i Ground Floor (48 Seating) (ll Tables) Date Prepared: OSl2SR009 Prepared by: Dick Evitt Scale i" = 5' City Council Report November 17, 2009 Appeal of CUP 09-023 Page 5 of 6 City Council Resolution No. 09-65 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 11:00 a.m. to 2:30 p.m. and 5:00 p.m. to 11:00 p.m., seven days a week. Pursuant to proposed Condition 2.3, food service shall be available at all times alcoholic beverages are served. Pursuant to proposed Condition 2.3, the hours of operation could be modified with approval by the Community Development Director. Parking Under the current City parking standards, the site as a whole is deficient in parking. However, as this permit is to allow alcohol sales at an existing restaurant, no intensification of the use is anticipated and no increase in total square footage is proposed. Therefore, no additional parking spaces would be required. Planning Commission On October 13, 2009, the Planning Commission held a public hearing on this project. At that meeting, the Planning Commission voted 5-0 to adopt Resolution No. 4131, approving the project. ANALYSIS: The project site has had a fairly long history of issues associated with the service of alcohol. However, Staff believes that the proposed CUP application should be reviewed on its own merits. The City Council could take one of the following alternatives: 1. Reverse or modify the decision of the Planning Commission and direct staff to prepare a resolution denying Conditional Use Permit 09-023; or, 2. Adopt Resolution No. 09-65, approving Conditional Use Permit 09-023; or, 3. Remand the project back to the Planning Commission for further proceedings. If the City Council decides to approve the project, the 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 and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, in that: City Council Report November 17, 2009 Appeal of CUP 09-023 Page 6 of 6 Tustin City Code Section 9232b(p) allows the sale of on-site beer and wine within the Retail Commercial (C-1) zoning district with the approval of a Conditional Use Permit. 2. 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. The on-site consumption of alcoholic beverages would be in conjunction with a restaurant use where food will be served at all times when alcoholic beverages are served. Any cocktail lounge or bar area shall function as a food and beverage service bar. 4. Pursuant to Tustin City Code Section 9232b(p), 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. The restaurant is located within a retail center and a commercial corridor along Red Hill Avenue where a variety of retail, office, and restaurant uses are located. The proposed hours of operation are from 11:00 a.m. to 2:30 p.m. and 5:00 p.m. to 11:00 p.m., seven days a week. 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. 6. There is no increase in square footage proposed; therefore, no additional parking spaces need to be provided. 7. The Tustin Police Department has reviewed the application and has no immediate concerns. Cari Meyer Assistant Planner Elizabeth A. Binsack Community Development Director Exhibits: A. Location Map B. Land Use Application Fact Sheet C. Planning Commission Resolution No. 4131 D. Submitted Plans E. City Council Resolution No. 09-65 EXHIBIT A Location Map 'k Y~ ~~ w .; f ~~ '~ k' *y ~~ jr f~< i a>..i ~:. ~J~ >~YP4~'{ t I E.' ~ ~'. ~. ,+~vy~ - ,~\ ; I ~"+ i~ I y ~,"~ ~ V ~ 5 .. I Q ~CV7~ ~' EXHIBIT B Land Use Application Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): Conditional Use Permit (CUP) 09-023 2. LOCATION: 14131 Red Hill Ave. 3. TRACT: 361 BLOCK: 11 LOT: 34 4. APN(S): 432-041-17 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: CUP 98-029 (ABC License) -Revoked; 6. SURROUNDING LAND USES: NORTH: AI's Woodcraft SOUTH: Residential EAST: Mix of Commercial, Residential, Professional WEST: Residential, Frontier Park 7. SURROUNDING ZONING DESIGNATION: NORTH: Retail Commercial (C-1) SOUTH: Duplex Residential (R-2) EAST: Retail Commercial (C-1) Commercial General (CG) Multiple Family Residential (R-3), Professional (Pr) WEST: Duplex Residential (R-2) Public and Institutional (P&I) 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Communit~Commercial SOUTH: Medium Density Residential EAST: Community Commercial, High Density Residential WEST: Medium Density Residential, Public & Institutional 9. SITE LAND USE: EXISTING PROPOSED USE: Restaurant No Chance ZONING: Retail Commercial No Change GENERAL PLAN: Community Commercial No Change DEVELOPMENT STANDARDS: 10. This application does not propose any changes to building height, setbacks, lot coverage, parking, landscaping, or any other development standard. 11. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.): None S:\Cdd\Cari\CUP\09-023 (Traditions ABC)\Land Use Application Fact Sheet.Doc EXHIBIT C Planning Commission Resolution No. 4131 RESOLUTION NO. 4131 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 09-023 AUTHORIZING ON-SITE ALCOHOLIC BEVERAGE SALES IN CONJUNCTION WITH AN EXISTING RESTAURANT (TRADITIONS) LOCATED AT 14131 RED HILL AVENUE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application was filed by Manojkumar Nilkanth of Traditions Restaurant requesting authorization of on-site sale of beer and wine in conjunction with a restaurant use, located at 14131 EI Camino Real. B. The site is designated as Community Commercial by the City General Plan and is zoned Retail Commercial (C-1), which provide for a variety of commercial and retail uses, including restaurant establishments, and on-site alcohol sales establishments are allowed with the approval of a Conditional Use Permit. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. The existing restaurant use is located in a commercial center where a variety of retail and restaurant uses are located. The characteristics of the use and hours of operation would be similar to other restaurants in the vicinity. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 09-023 on October 5, 2009, by the Zoning Administrator and that the Zoning Administrator forwarded this matter to the Planning Commission for consideration and action. E. That a public hearing was duly called, noticed and held for Conditional Use Permit 09-023 on October 13, 2009, by the Planning Commission F. That the establishment, maintenance, and operation of the proposed use 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 injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: Tustin City Code Section 9232b(p) allows the sale of on-site beer and wine within the Retail Commercial (C-1) zoning district with the approval of a Conditional Use Permit. 2. As conditioned, the proposed on-site consumption of beer and wine is consistent with the Alcoholic Beverage Sales Establishment Guidelines Resolution No. 4131 Page 2 as amended by the Planning Commission and adopted by the City Council on May 21, 2001. 3. The on-site consumption of alcoholic beverages would be in conjunction with a restaurant use where food will be served at all times when alcoholic beverages are served. Any cocktail lounge or bar area shall function as a food and beverage service bar. 4. Pursuant to Tustin City Code Section 9232b(p), 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. The restaurant is located within a retail center and a commercial corridor along Red Hill Avenue where a variety of retail, office, and restaurant uses are located. The proposed hours of operation are from 11:00 a.m. to 2:30 p.m. and 5:00 p.m. to 11:00 p.m., seven days a week. 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. 6. There is no increase in square footage proposed; therefore no additional parking spaces need to be provided. 7. The Tustin Police Department has reviewed the application and has no immediate concerns. G. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Planning Commission hereby approves Conditional Use Permit 09-023 authorizing on-site alcoholic beverage sales in conjunction with an existing restaurant (Traditions) located at 14131 Red Hill Avenue, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 13th day of October, 2009. ~/ _ %GC ELIZABETH A. BINSACK Planning Commission Secretary _.-- OZAK Chair rson Resolution No. 4131 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 City of Tustin, California; that Resolution No. 4131 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of October, 2009. .---- ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION N0.4131 CONDITIONAL USE PERMIT 09-023 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 13, 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 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 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) 1.4 Approval of Conditional Use Permit 09-023 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) 1.5 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). (1) 1.6 Conditional Use Permit 09-023 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 09-023, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, 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. 4131 Page 2 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 As a condition of approval of Conditional Use Permit 09-023, 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. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.9 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 issuance of a business license. (1) 1.10 Approved uses shall operate within all applicable State, County, and the Tustin City Code. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or of 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 for the Tustin City Code. USE RESTRICTIONS (1) 2.1 The authorization to serve alcoholic beverages on-site is subject to the use remaining as a restaurant. Any change to the use shall require review and approval by the Community Development Director. (1) 2.2 This approval authorizes a Type 41 ABC License (on-site beer and wine sales). Any changes and/or upgrades to the ABC License may be considered by the Community Development Director. Exhibit A Resolution No. 4131 Page 3 (1) 2.3 Business hours are limited to the following: Seven days a week; 11:00 am to 2:30 pm and 5:00 pm to 11:00 pm 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 impact to the surrounding tenants or properties will occur. (1) 2.4 No outdoor seating is permitted at the site without approvals in accordance with the Tustin City Code. (1) 2.5 No off-site sale or consumption of alcohol is authorized, except partially consumed bottles of wine as authorized in Business and Professions Code Section 23396.5. (1) 2.6 The menu of the restaurant shall consist of foods that are prepared on the premises. (1) 2.7 The entire facility, which includes all three (3) levels, shall operate exclusively as a restaurant. During business hours, at least 80 percent of the premises shall be designed and used for and must possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public. (1) 2.8 No cover charge shall be charged to customers of the restaurant. (1) 2.9 Any cocktail lounge or bar area within the restaurant shall function as a food and beverage service bar. (1) 2.10 Any live entertainment provided at the project site shall comply with TCC Section 3231 et seq. regarding Live Entertainment. (1) 2.11 All persons serving alcoholic beverages within a restaurant establishment must be 18 years of age or older and supervised by someone 21 years of age or older. The supervisor shall be present in the same area as point of sale. (1) 2.12 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 in the Tustin City Code. Exhibit A Resolution No. 4131 Page 4 (1) 2.13 The gross annual sales receipts shall be provided to the Community Development Department annually. To verify that the gross annual sale of food exceeds the gross annual sales, an audited financial statement shall be provided for review and approval by the Community Development Director annually. If the audited financial statement demonstrates that the sale of alcohol exceeds the sale of food, the sale of alcoholic beverages shall cease immediately. (1) 2.14 "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) 2.15 All litter shall be removed from the exterior areas around the premises including public sidewalk areas and parking areas, no less frequently than once each day that the business is open. (1) 2.16 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (1) 2.17 Public telephones inside and adjacent to the establishment shall be modified to prevent incoming calls. (1) 2.18 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. (1) 2.19 Ambient noise of the on-site sales facility shall not exceed the standards of the City of Tustin Noise Ordinance. (1) 2.20 All on-site signs, including permanent and temporary signs/banners, shall comply with the City of Tustin Sign Code. All non-permitted signs shall be removed. Exhibit A Resolution No. 4131 Page 5 (***) 2.21 Conditional Use Permit 09-023 may be reviewed annually or more often, if deemed necessary by the Community Development Director on the Community Development Director's own initiative or in consultation with the Police Chief or the Director of Public Works, to ensure compatibility with the area and compliance with the conditions of approval contained in this Resolution and related Exhibits ("conditions of approval"). If the Community Development Director, either on the Director's own initiative or after consulting with the Police Chief and/or the Director of Public Works, determines that there is evidence that the use is being operated in a manner inconsistent with the conditions of approval or is creating a nuisance or otherwise negatively or detrimentally affecting nearby tenants or the neighborhood, the Community Development Director may set the matter for hearing before the Planning Commission and the City Council as provided under Tustin City Code Section 9293. At the conclusion of such hearing, the City Council may either revoke the permit or impose additional conditions as the City Council may reasonably determine necessary or convenient to eliminate any nuisance or minimize any negative impacts. FEES (1, 5) 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. EXHIBIT D Submitted Plans m ra ~^ cv a« V1 LCS ^~ C C r~r~ IV W H " rrN, ~~V ~p~ ~~~ pr,,H e~ ~ a r H a a Q w M i 1 S; Nw o v A a, «n o. ~ it ~ ~ ~ Stea-n Table Area ~,,.~~. - C a. ~, ~} '`~ `~~ y '`~~, .,~,,^, ~~~ f ~., jaw Jl \ `~i on n e0°, ~ ~./" ,~/~ p ~ ~,~ i ~ ~~ ,t ~' ~. ~ ~ t ~. 1 ~ ~ '~ '~ y ~l _____' ~~. ~ 3(}~z Fixed Bar with 10 bar Stools Ca Q rJ U' C) C~ O C? OCR ~~~~~ v ~ L __. ...._. ~ O O u C4 ~C{ pp 7./ .~ ~~ ~_ a4 °" .5 ~. ~ H A ~ ~ ~' .~ c '~ ~; ~8~ ,~ ~ as ~ o U ~ '~ ~ o ~ '~ ~ r: v ,a o w `~ E b F C ~ _ _ ~ ~' ~ ~ H ~ e ~~' Ua C.a For site plan, see full size set of plans (Available upon request EXHIBIT E City Council Resolution No. 09-65 RESOLUTION NO. 09-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 09-023 AUTHORIZING ON-SITE ALCOHOLIC BEVERAGE SALES IN CONJUNCTION WITH AN EXISTING RESTAURANT (TRADITIONS) LOCATED AT 14131 RED HILL AVENUE. The City Council does hereby resolve as follows: I. The City Council finds and determines as follows: A. A proper application was filed by Manojkumar Nilkanth of Traditions Restaurant requesting authorization of on-site sale of beer and wine (ABC License Type 41) in conjunction with a restaurant use, located at 14131 EI Camino Real. B. The site is designated as Community Commercial by the City General Plan and is zoned Retail Commercial (C-1), which provide for a variety of commercial and retail uses, including restaurant establishments, and on-site alcohol sales establishments are allowed with the approval of a Conditional Use Permit. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. The existing restaurant use is located in a commercial center where a variety of retail and restaurant uses are located. The characteristics of the use and hours of operation would be similar to other restaurants in the vicinity. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 09-023 on October 5, 2009, by the Zoning Administrator and that the Zoning Administrator forwarded this matter to the Planning Commission for consideration and action. E. That a public hearing was duly called, noticed and held for Conditional Use Permit 09-023 on October 13, 2009, by the Planning Commission, at which time the Planning Commission adopted Resolution No. 4131, approving CUP 09-023. F. That Tustin City Code Section 9294b states that the City Council may request an appeal of any action taken by the Planning Commission. At a regular meeting of the City Council on October 20, 2009, the City Council requested an appeal of the Planning Commission's approval of Conditional Use Permit 09-023. G. A public hearing was duly called, noticed, and held for Conditional Use Permit 09-023 on November 17, 2009 by the City Council. Resolution No. 09-65 Page 2 H. That the establishment, maintenance, and operation of the proposed use 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 injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1. Tustin City Code Section 9232b(p) allows the sale of on-site beer and wine within the Retail Commercial (C-1) zoning district with the approval of a Conditional Use Permit. 2. 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. The on-site consumption of alcoholic beverages would be in conjunction with a restaurant use where food will be served at all times when alcoholic beverages are served. Any cocktail lounge or bar area shall function as a food and beverage service bar. 4. Pursuant to Tustin City Code Section 9232b(p), 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. The restaurant is located within a retail center and a commercial corridor along Red Hill Avenue where a variety of retail, office, and restaurant uses are located. The proposed hours of operation are from 11:00 a.m. to 2:30 p.m. and 5:00 p.m. to 11:00 p.m., seven days a week. 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. 6. There is no increase in square footage proposed; therefore no additional parking spaces need to be provided. 7. The Tustin Police Department has reviewed the application and has no immediate concerns. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The City Council hereby approves Conditional Use Permit 09-023 authorizing on- site alcoholic beverage sales in conjunction with an existing restaurant (Traditions) Resolution No. 09-65 Page 3 located at 14131 Red Hill Avenue, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 17t" day of November, 2009. Doug Davert Mayor Pamela Stoker City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 09-65 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 09-65 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day of November, 2009, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Pamela Stoker, City Clerk EXHIBIT A RESOLUTION NO. 09-65 CONDITIONAL USE PERMIT 09-023 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 17, 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 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 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) 1.4 Approval of Conditional Use Permit 09-023 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) 1.5 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). (1) 1.6 As a condition of approval of Conditional Use Permit 09-023, 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 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. 09-65 Page 2 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. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 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 issuance of a business license. (1) 1.9 Approved uses shall operate within all applicable State, County, and the Tustin City Code. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or of 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 for the Tustin City Code. USE RESTRICTIONS (1) 2.1 The authorization to serve alcoholic beverages on-site is subject to the use remaining as a restaurant. Any change to the use shall require review and approval by the Community Development Director. (1) 2.2 This approval authorizes a Type 41 ABC License (on-site beer and wine sales). Any changes and/or upgrades to the ABC License may be considered by the Community Development Director. (1) 2.3 Business hours are limited to the following: Seven days a week; 11:00 am to 2:30 pm and 5:00 pm to 11:00 pm 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 impact to the surrounding tenants or properties will occur. (1) 2.4 No outdoor seating is permitted at the site without approvals in accordance with the Tustin City Code. Exhibit A Resolution No. 09-65 Page 3 (1) 2.5 No off-site sale or consumption of alcohol is authorized, except partially consumed bottles of wine as authorized in Business and Professions Code Section 23396.5. (1) 2.6 The menu of the restaurant shall consist of foods that are prepared on the premises. (1) 2.7 The entire facility, which includes all three (3) levels, shall operate exclusively as a restaurant. During business hours, at least 80 percent of the premises shall be designed and used for and must possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public. (1) 2.8 No cover charge shall be charged to customers of the restaurant. (1) 2.9 Any cocktail lounge or bar area within the restaurant shall function as a food and beverage service bar. (1) 2.10 Any live entertainment provided at the project site shall comply with TCC Section 3231 et seq. regarding Live Entertainment. (1) 2.11 All persons serving alcoholic beverages within a restaurant establishment must be 18 years of age or older and supervised by someone 21 years of age or older. The supervisor shall be present in the same area as point of sale. (1) 2.12 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 in the Tustin City Code. (1) 2.13 The gross annual sales receipts shall be provided to the Community Development Department annually. To verify that the gross annual sale of food exceeds the gross annual sales, an audited financial statement shall be provided for review and approval by the Community Development Director annually. If the audited financial statement demonstrates that the sale of alcohol exceeds the sale of food, the sale of alcoholic beverages shall cease immediately. (1) 2.14 "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. 09-65 Page 4 (1) 2.15 All litter shall be removed from the exterior areas around the premises including public sidewalk areas and parking areas, no less frequently than once each day that the business is open. (1) 2.16 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (1) 2.17 Public telephones inside and adjacent to the establishment shall be modified to prevent incoming calls. (1) 2.18 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. (1) 2.19 Ambient noise of the on-site sales facility shall not exceed the standards of the City of Tustin Noise Ordinance. (1) 2.20 All on-site signs, including permanent and temporary signs/banners, shall comply with the City of Tustin Sign Code. All non-permitted signs shall be removed. (***) 2.21 Conditional Use Permit 09-023 may be reviewed annually or more often, if deemed necessary by the Community Development Director on the Community Development Director's own initiative or in consultation with the Police Chief or the Director of Public Works, to ensure compatibility with the area and compliance with the conditions of approval contained in this Resolution and related Exhibits ("conditions of approval"). If the Community Development Director, either on the Director's own initiative or after consulting with the Police Chief and/or the Director of Public Works, determines that there is evidence that the use is being operated in a manner inconsistent with the conditions of approval or is creating a nuisance or otherwise negatively or detrimentally affecting nearby tenants or the neighborhood, the Community Development Director may set the matter for hearing before the Planning Commission and the City Council as provided under Tustin City Code Section 9293. At the conclusion of such hearing, the City Council may either revoke the permit or impose additional conditions as the City Council may reasonably determine necessary or convenient to eliminate any nuisance or minimize any negative impacts. FEES (1, 5) 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 Exhibit A Resolution No. 09-65 Page 5 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.