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HomeMy WebLinkAbout02 CUP 09-025ITEM #2 TUST[N Report to the Planning Commission DATE: JANUARY 26, 2010 SUBJECT: CONDITIONAL USE PERMIT 09-025 APPLICANT: TONY CISNEROS AND GLADYS CISNEROS JALAPENOS RESTAURANT 450 E. FIRST STREET TUSTIN, CA 92780 PROPERTY THONG NY AND PECH NGO OWNER: 1061 DIVINA VISTA STREET MONTEREY PARK, CA 91754 LOCATION: 450 E. FIRST STREET GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS ZONING: FIRST STREET SPEGIFIC PLAN {SP-10) ENVIRONMENTAL THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) STATUS: PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO AMEND USE PERMIT 87-26 FOR AN EXISTING RESTAURANT WITH ALCOHOLIC BEVERAGE SALES BY EXPANDING THE RESTAURANT TO OCCUPY SUITES A THROUGH D, LOCATED AT 450 E. FIRST STREET That the Planning Commission adopt Resolution No. 4140, repealing Use Permit 87-26 and approving Conditional Use Permit 09-025 (CUP 09-025). The site is located in the First Street Specific Plan (SP-10) zoning district and Planned Community Commercial/Business General Plan Land Use .Designation. The First Street Specific Plan designates the primary use for the project site as Commercial. According to the First Street Specific Plan Section III.D.1.a.2.f), restaurants with or without alcoholic beverage sales are conditionally permitted uses. Planning Commission Report January 26, 2010 CUP 09-025 Page 2 On November 23, 1987, the Planning Commission adopted Resolution No. 2456 approving Use Permit 87-26, authorizing the sale of alcoholic beverages (beer and wine) for on-site consumption in association with a restaurant use at 450 E. First Street, Suite D. Condition 2 of Resolution No. 2456 limits the restaurant seating to fifteen (15) seats and Condition 4 specifies the business hours to be Monday to Friday 8:00 a.m. to 9:00 p.m. and on Saturday and Sunday 9:00 a.m. to 8:00 p.m. The proposed project is a request for approval to changes in the restaurant that include expanding the restaurant to occupy Suites A through D, increasing the number of restaurant seating, converting a portion of the commercial building into an outdoor dining area, and modifying the business hours. Site and Surrounding Properties The site is located at the southwest corner of First Street and Centennial Way (Attachment A -Location Map), developed with cone-story, 4,200 square-foot commercial building. The applicant is currently leasing the entire commercial building, Suites A through D. However, the existing Jalapenos Restaurant currently occupies Suites C and D, and Suites A and B are vacant. The project site is neighbored by First Street to the north, the Tustin Inn bar to the west, Centennial Way to the east, and an office building to the south (see Figure 1). Figure 1: Zoning Map • SP-10 SP-10 - SP-10 •, I ., ~:: ~ ~ _ i ' ~•~ • .: ' "~ - ,,~. -~ -fir ~ ~ ~ a •- ' ~ ' ~ e`~' PROJECT SITE ~i ' :' ! ~~ `t ~ 'T ~s~~ i _ w SP-10 ,1 r -c .. _ , SP-10 'L. SP-10 I ' ~ - .t ~ "~ 1> ~ _~ f ~N SP-10 ' - ~ .,.. '~~_ -. - ..., Y R-3 ~- r. ~~ ~ C-1 °-1J i '~'~. '~ ~~ ~ ,;; ~, ~ ~ ' ~ r. Planning Commission Report January 26, 2010 CUP 09-025 Page 3 DISCUSSION Projecf Summary The applicant is proposing to amend conditions of approval to the existing Conditional Use Permit for Alcoholic Beverage Sales (UP 87-26) by expanding the restaurant to occupy the entire commercial building (Suites A through D), converting a 490 square-foot portion of existing vacant tenant space into an outdoor dining area, increasing the approved number of seats tv sixty-six (66) seats, and modifying the business hours. Although the original request was to amend existing UP 87-26, it will be considered moot since the uses and restrictions originally identified under that conditional use permit are addressed and updated in CUP 09-025. Planning Commission adoption of the draft resolution repeals UP 87-26 and approves CUP 09-025 in order to simplify the conditional use permit records for the restaurant. Restaurant Expansion The existing restaurant currently occupies the west half of the building, Suites C and D, shown as red in Figure 2 below. The proposed expansion area involves the currently vacant Suites A and B, shown as green in Figure 2. The submitted plan shows the proposed expansion including the kitchen and dining area, additional restrooms, storage space, and converting the northeast corner of the building into an outdoor dining area, outlined in black in Figure 2. The proposed indoor dining area is approximately 970 square feet and the proposed outdoor dining area is approximately 490 square feet. The remaining 2,740 square feet of tenant space include the kitchen, restrooms, storage, and office areas. Figure 2: Proposed Floorplan Proposed Expansion Area Existing Restaurant Area _._~_ _ _ _ ~;.. rt ,~1 ~i ~; ,.,} ~„ai ,ti~a.~ '~ ~. ..5,..~ y ~"°i i ~ I '~l~-a 1Ti~"~, ~ ' vh _, .p. . ~ ~ _ .: ~ . x~ ~I ,. ~ :. ~3 ~ ~ ' J. ~y~ ".nnwu '. v~nl.w ~ ~ ; 1 I ""' ucwr.~ ~TL ~~ aY. :f l ~7-'1 t --T- - -_ ~ __• _ _ t, I, I I ~~ I" I~ ~ 41, I .r. i.~,en e..F.sse ,~.rK.~r, i-~ r .uu~ms - - r ~ k ~ ;Qutdocrr.. eating s ~ .~ ~., I ~ I,, ~ __ ... - . , ~ ~, . y .. , ~ and Dir~irlg~Area r ' ~ I' .-~,. i ~ I ..~ ~ -_~. ~ ~,.,,T,A, __ ~ 1 ~ ~ - _ ... a_ „~ ~ .~ _ ._ , _-_ Planning Commission Report January 26, 2010 CUP 09-025 Page 4 Oufdoor Seating Use The applicant is proposing to convert approximately 490 square feet of existing, vacant, indoor tenant space into a covered outdoor seating and dining area with eighteen (18) seats. The outdoar seating area is located within the existing building footprint and has been designed to meet the current outdoor seating standards and guidelines. The outdoor seating area is a minimum five (5) feet from the property line and parking area. It is architecturally compatible and physically related with the building in that it is located under the existing roof and within existing wall configurations. The proposed changes involve removing existing storefront and replacing them with wrought iron railing to delineate the seating and dining area, installing a fountain, and applying exterior finishes such as stucco. The current outdoor seating guidelines outline that uses such as public schools, residential neighborhoods, churches, hospitals, and arcades should be considered when outdoor seating is proposed. The guidelines identify that outdoor seating areas within 600 feet of a public school should consider and mitigate for potential impacts to school children; the nearest public school is approximately 1,100 feet from the project site. The nearesfi residential use is approximately 200 feet from the outdoor seating area, which meets the minimum 200-foot distance requirement between outdoor seating and residential uses. The nearest church use is on Main Street at the Pacific Street intersection, approximately 3,200 feet from the project site. Tustin Lanes bowling alley, which has an arcade, is located on Irvine Blvd. over 3,000 feet from the project site. The restaurant use is a casual dining establishment, and no arcade or live entertainment uses are proposed with this project. Parking and Increased Seating The parking requirements for restaurant use within the First Street Specific Plan area is one (1) parking space for every three (3) seats, which includes outdoor seating. The project site has twenty-two (22) existing parking spaces; therefore, the maximum number seating allowed for the proposed restaurant expansion is sixty-six (66) seats. Current outdoor seating standards require that outdoor seats must be included in the calculation for determining parking and the maximum number of seats. However, a new ordinance, Ordinance 1373, regarding outdoor seating is expected to be effective in February 2010. This new ordinance may allow for additional outdoor seating without being required to provide additional parking spaces. If the applicant wishes to take advantage of this potential benefit, they would need to submit a request through a Design Review process as required by the new code process. Planning Commission Report January 26, 2010 CUP 09-025 Page 5 .Hours of Operation Condition 4, from the original conditional use permit, specifies the business hours to be Monday to Friday 8:00 a.m. to 9:00 p.m. and on Saturday and Sunday 9:00 a.m. to 8:00 p.m. The proposed modification to the hours of operation are Monday tv Saturday 9:00 a.m. to 9:00 p.m., and Sunday 9:00 a.m. to 8:30 p.m., which is compatible with other businesses in the surrounding area. Condition 2.3 would permit the hours of operation to be modified in the future with prior approval by the Community Development Director. ANALYSIS A decision to approve this request may be supported by the findings that the establishment, maintenance, and the sales of beer and wine for on-site consumption in conjunction with a bona fide restaurant and new outdoor seating 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: 1. First Street Specific Plan Section III.D.1.a.2.f) conditionally permits restaurant use, with or without the sale of alcohol, within properties designated with Commercial as Primary Use. 2. 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. 3. 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. 4. The existing and proposed 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. 5. The location of the outdoor seating area meets the distance separation from certain uses identified in the current outdoor seating guidelines. 6. The structural elements for the outdoor seating area are compatible with the proposed overall design of the building. 7. The outdoor seating area is included in the parking analysis for the restaurant use, which can be accommodated by the existing parking. 8. As conditioned, the restaurant expansion and additional seating can be accommodated by the existing on-site parking spaces. Planning Commission Report January 26, 2010 CUP 09-025 Page 6 9. The restaurant is located within a commercial building and a commercial corridor along First Street where a variety of retail, office, and restaurant uses are located. The proposed hours of operation are from 9:00 a.m. to 9:00 p.m. on Monday to Saturday and 9:00 a.m. to 8:30 p.m. on Sunday. The characteristics of the restaurant use and hours of operation of the restaurant would be similar to other restaurants in the vicinity. 10. The Tustin Police Department has reviewed the application and has no immediate concerns. Ed ne V. Huffer Associate Planner Elizabeth A. Binsack Community Development Director Attachments: A. Location Map B. Land Use Application Fact Sheet C. Submitted Plans D. Planning Commission Resolution No. 4140 S:1Cdd\PCREPORT120101CUP 09-025 (Jalapenos ABC-Outdoor seating).doc ATTACHMENT A LOCATION MAP LOCATION MAP CUP 09-025: 450 EAST FIRST STREET ~, ----• ~, o a a t1 -•-- o o ri ~j D .y O O a ~ _ U O ~ C? .. ~ I U U ~~ 7 ~ ~ ~~ - I. - Q 4 O O 4 III aao ° ~. o t. rntsi 0 m n H _~ ~ ti, ` 500' J ;`J :~ f 1 Y ~ ..~. f'J ~. 1~ ~~ -~ h -. z ATTACHMENT B LAND USE APPLICATION FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 09-025 2. LOCATION: 450 E. First Street 3. LOT: BLOCK: A TRACT: 4. APN(S): 401-591-01 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: Use Permit 87-26 6. SURROUNDING LAND USES: NORTH: Offices SOUTH: Offices EAST: Tustin Inn WEST: Larwin Square Shopping Center 7. SURROUNDING ZONING DESIGNATION: NORTH: First Street Specific Plan (FSSP); Office as Primary SOUTH: First Street Specific Plan (FSSP); Commercial as Pi EAST: First Street Specific Plan (FSSP); Commercial as_Prn 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Planned Community Commercial/Business SOUTH: Planned Community Commercial/Business EAST: Planned Community Commercial/Business WEST: Planned Community Commercial/Business 9. SITE LAND USE: EXISTING Use: Restaurant use with on-site alcoholic beverage sales and vacant tenant space Zoning: First Street Specific Plan, Commercial as Primary General Plan: Planned Community Commercial/Business DEVELOPMENT FACTS: 10. LOT AREA: 15,625 S.F 11. BUILDING LOT COVERAGE: 12. SITE LANDSCAPING 13. OPEN SPACE: 14. PARKING: 0 ACRES 55 percent MAX. PERMITTED 15 percent REQUIRED NIA REQUIRED 1:200 SF REQUIRED PROPOSED Expand restaurant into vacant tenant space and new outdoor seating and dining area No Change No Change 15. BUILDING HEIGHT: 18 feet REQUIRED 16. BUILDING SETBACKS: REQUIRED PROPOSED N/A PROPOSED N/A PROPOSED N/A PROPOSED NIA PROPOSED NIA PROPOSED FRONT: 15 feet NIA SIDE: 10 feet NIA REAR: 25 feet NIA 18. 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Yr .i Ca yy-5-` iO:EI 133x15 j5ald 3 054 wom uom.a,on~~ia~uvo ilrr'v• aOITJ31~3 scsoy .~.roodnr~'ao++ryalcl 1NN2J~b153?J SON3dN'lbf @ql . - /b~w9:w 1cr00 41~iprd O 166C a3eodoad NOI1N/~ON3a t' 17311H72id ~NOl'13?I5 51(10'1 y O g ~ ~1 a~. ~~~~~ Q x ~~ ~g = D O O ~ ~~ _ V "~ ~ _ >G , ~ o O ~ ~ ~ o ~ O LL o ~s > l'` ~ 9 ~u ~~ R_ ~ Z ~ ,~ t CIS U ~ ~, ~ 'j ~~ W ~N ~ Q / am Y Q l~~Q j~X ~ ~~ Q ~ a~ . nk'~n _ (1~ ~SJ~ )y 2S - L 3~~U ~L , 7 d Q ~ ~~ a a Q ° 4 ~ O O a ty it U~ ~ J R ~ ~~ I ~ ~~ - w ~r O Jy Gy k° a Z ~ ~` --1 ~ _ J~ I ' I - d ,r ~ ti n qc~;,, I z ~~u' ~ u ~~ ~ ~n~ I I F'' ~_ •~b o. 19 I~ 2 fl S 'Wb OZ~1~0~6 60UZ/G/6 ~ '6nnp ue~dpasodo~d-0`6 ~, ii n ~~ -~- ~\ _ ~ ~ _ w ^ ~ w o n N y ~ w W ~ ° ~ ~ CU ~ W LL. ° ~.- to m ~O1~ueane~saalbS~1=~ ATTACHMENT D PLANNING COMMISSION RESOLUTION NO. 4140 RESOLUTION NO. 4140 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN REPEALING USE PERMIT 87-26 AND APPROVING CONDITIONAL USE PERMIT 09-025 TO ALLOW THE EXPANSION OF AN EXISTING RESTAURANT, INCREASE THE MAXIMUM NUMBER OF SEATS TO SIXTY-SIX (66), CONVERT A PORTION OF THE COMMERCIAL BUILDING INTO OUTDOOR SEATING AND DINING AREA, AND MODIFY THE BUSINESS HOURS FOR THE EXISTING RESTAURANT (JALAPENOS) LOCATED AT 450 EAST FIRST STREET. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application was filed by Tony and Gladys Cisneros of Jalapenos Restaurant requesting to amend conditions of approval for Use Permit 87- 26, by allowing a restaurant expansion to occupy Suites A through D, increasing the number of restaurant seating, modifying the business hours, and converting a portion of the commercial building into outdoor seating and dining area. The conditions of approval in Use Permit 87-26 are addressed and updated in Conditional Use Permit 09-025 and therefore Use Permit 87- 26 is considered moot. B. The site is designated as Planned Community Commercial/Business by the City General Plan and is zoned First Street Specific Plan (SP-10) with Commercial as Primary Use, which provides for a variety of commercial, and retail uses. Pursuant to Section III.D.1.a.2.f) of the First Street Specific Plan regulations, restaurant establishments with on-site alcohol sales 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 building and commercial corridor where a variety of retail and restaurant uses are located. The characteristics of the proposed 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 09-025 on January 26, 2010, by the Planning Commission. E. 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: Resolution No. 4140 Page 2 1. First Street Specific Plan Section III.D.1.a.2.f) conditionally permits restaurant use, with or without the sale of alcohol, within properties designated with Commercial as Primary Use. 2. 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. 3. 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. 4. The existing and proposed 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. 5. The location of the outdoor seating area meets the distance separation from certain uses identified in the current outdoor seating guidelines. 6. The structural elements for the outdoor seating area are compatible with the proposed overall design of the building. 7. The outdoor seating area is included in the parking analysis for the restaurant use, which can be accommodated by the existing parking. 8. As conditioned, the restaurant expansion and additional seating can be accommodated by the existing on-site parking spaces. 9. The restaurant is located within a commercial building and a commercial corridor along First Street where a variety of retail, office, and restaurant uses are located. The proposed hours of operation are from 9:00 a.m. to 9:00 p.m. on Monday to Saturday and 9:00 a.m. to 8:30 p.m. on Sunday. The characteristics of the restaurant use and hours of operation of the restaurant would be similar to other restaurants in the vicinity. 10. The Tustin Police Department has reviewed the application and has no immediate concerns. F. This project is Categorically Exempt pursuant to Section 15301, Glass 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby repeals Use Permit 87-26 and approves Conditional Use Permit 09-025 authorizing changes to the existing restaurant by expanding the restaurant, modifying the business hours, increasing the maximum Resolution No. 4140 Page 3 number of seats allowed to sixty-six (66), and converting existing tenant space into outdoor seating and dining, far an existing restaurant with on-site alcoholic beverage sales located at 450 E. First Street, 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 26th day of January, 2010. STEVE KOZAK 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 City of Tustin, California; that Resolution No. 4140 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 26th day of January, 2010. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION N0.4140 CONDITIONAL USE PERMIT 09-025 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 26, 2010, 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 09-025 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 09-025 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 09-025, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or SOURCE CODES (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. 4140 Page 2 neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.7 As a condition of approval ofi Conditional Use Permit 09-025, 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) in conjunction with a bona fide public eating place. Any changes and/or upgrades to the ABC License shall be reviewed and approved by the Community Development Director. Exhibit A Resolution No. 4140 Page 3 (1) 2.3 Business hours are limited to the following: Monday to Saturday; 9:00 a.m. to 9:00 p.m. Sunday; 9:00 a.m. to 8:30 p.m. 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 The restaurant establishment shall have a maximum sixty-six (66) indoor and outdoor seats. Any increase in the number of seats is subject to approval from the Community Development Director. (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 Any cocktail lounge or bar area within the restaurant shall function as a food and beverage service bar. (1) 2.8 Any live entertainment provided at the project site shall comply with TCC Section 3231 et seq. regarding Live Entertainment. (1) 2.9 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) 2.10 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) 2.11 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. Exhibit A Resolution No. 4140 Page 4 (1) 2.12 "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) 2.13 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. Trash receptacles shall be provided in the outdoor dining area. 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) 2.14 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (1) 2.15 Public telephones inside and adjacent to the establishment shall be modified to prevent incoming calls. (1) 2.16 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) 2.17 Ambient noise of the on-site sales facility shall not exceed the standards of the City of Tustin Noise Ordinance. (1) 2.18 All on-site signs, including permanent and temporary signs/banners, shall comply with the City of Tustin Sign Code. (1) 2.19 Lighting shall be provided to illuminate the dining area as required by the Tustin Security Code. (1) 2.20 The outdoor dining area shall be supervised by a restaurant employee to ensure conformance with all laws regarding consumption of alcoholic beverages while on the restaurant premises. (1) 2.21 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. *** 2.22 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 applicant to prepare a parking demand analysis and bear all associated costs. If the study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent mitigation measures to be reviewed and Exhibit A Resolution No. 4140 Page 5 approved by the Community Development Department and the Public Works Department. PLAN SUBMITTAL (1) 3.1 The wall sign and monument sign design and placement shall be processed under a separate sign permit. The applicant shall submit a sign permit application including elevations, and installation details for a sign compatible with the building color and material for review and approval of the Community Development Department. (1) 3.2 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. (1) 3.3 Prior to issuance of building permit, Orange County Environmental Health and Orange County Fire Authority approval is required. (1) 3.4 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. *** 3.5 Prior to the issuance of any permit, the drainage facility in the parking lot shall be modified to accommodate the flow from the site. If the current drainage facility is a percolation system, the system shall be expanded to the proper size. The applicant shall submit the percolation test to the Public Works Department for review and approval. If the current drainage facility is not a percolation system, the drainage facility shall be modified to outlet into the street (with a permanent BMP) in such a manner as to not allow surface flow over the sidewalk or driveway apron. The system shall meet the applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 3.6 Current Federal Americans with Disabilities Act (ADA) requirements *** shall be met at all driveways and sidewalks adjacent to the site. The applicant shall remove and reconstruct the driveway on Centennial Way. (1) 3.7 Prior to issuance of an Encroachment Permit, the applicant shall submit to the Public Works Department 24" x 36" reproducible street improvement plans, as prepared by a California Registered Civil Engineer, for approval. The plans shall clearly show existing and Exhibit A Resolution No. 4140 Page 6 proposed surface and underground improvements, including construction and/or replacement of any missing or damaged public improvements adjacent to this development. (1) 3.8 Prior to issuance of an Encroachment Permit for construction within the public right-of-way, a 24" x 36" construction area traffic control plan, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. (1) 3.9 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). A. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50 percent of the project waste material. B. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed five (5) percent of the project's valuation. C. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin." ('I) 3.10 CADD Requirements - In addition to the normal full-size map and plan submittal, all final maps and plans including, but not limited to, tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans shall be submitted to the Public Works Department in computer aided design and drafting (CADD) format to the satisfaction of the City Engineer. The standard file format is AutoCAD Release 2007, or latest version, having the extension "DWG." All layering and linotype conventions are AutoCAD-based (latest version available upon request from the Public Works Department}. The CADD files shall be submitted to the City at the time plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City. Exhibit A Resolution No. 4140 Page 7 (1) 3.11 The trash enclosure shall utilize the City's standard enclosure designed to accommodate at least two (2) four-yard bins, with at least one (1) bin reserved for recyclable materials. All trash bins (including the current two (2) four-yard trash bins and the one (1) four-yard recycling bin) shall be placed inside a trash enclosure. (1) 3.12 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer. FEES (1) 4.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: Building and Planning plan check and permit fees Encroachment Permit plan check and permit fees Orange County Fire Authority fees. (1, 5) 4.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.