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HomeMy WebLinkAboutCC RES 09-65RESOLUTION 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 Conditional Use Permit 09-023 on October 13, Planning Commission, at which time the Plannin„ adopted Resolution No. 4131, approving CUP 09-023. and held for 2009, by the q Commission Resolution 09-65 Page 1 of 9 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. 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 fid 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 Resolution 09-65 Page2of9 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) 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. Do~~avert, ATTEST: Pamela Stoker, City Clerk Resolution 09-65 Page 3 of 9 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do 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: Davert, Amante, Gavello, Nielsen, Palmer (5) None (p) None (Q) None (p) PA LA STOKER, City Clerk Resolution 09-65 Page 4 of 9 EXHIBIT A RESOLUTION N0.09-65 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 (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S s - Page 5 of 9 (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** 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. Resolution 09-65 Page 6 of 9 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) Z.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. Resolution 09-65 Page 7 of 9 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 mod~ed 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 Resolution 09-65 Page 8 of 9 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. Resolution 09-65 Page 9 of 9