HomeMy WebLinkAboutCC RES 10-26RESOLUTION NO. 10-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, UPHOLDING THE PLANNING COMMISSION
DECISION 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 City Council does hereby resolve as follows:
I. The City Council 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,
to allow 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; 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, at which
time the Planning Commission adopted Resolution No. 4140, approving CUP
09-025.
E. That Tustin City Code Section 9294c states that the City Council may request
a hearing of any action taken by the Planning Commission. On February 4,
2010, Councilmember Gavello submitted a Request for a Hearing of the
i Planning Commission's approval of Conditional Use Permit 09-025.
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F. A public hearing was duly called, noticed, and held for Conditional Use Permit
09-025 on March 2, 2010, by the City Council. Prior to taking action of the
proposed project, the City Council considered the whole record including the
Planning Commission staff report dated January 26, 2010, Planning
Commission Resolution No. 4140, and Planning Commission Minutes dated
January 26, 2010, incorporated herein by reference.
G. 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. 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.
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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.
H. That the project is categorically exempt pursuant to Section 15270 of the
California Code of Regulations (Guidelines for the California Environmental
Quality Act) which states that CEQA does not apply to projects rejected or
disapproved by a public agency.
II. The City Council hereby upholds the Planning Commission decision and approves
Conditional Use Permit 09-025 authorizing changes to the existing restaurant by
expanding the restaurant, modifying the business hours, increasing the maximum
number of seats allowed to sixty-six (66), and converting existing tenant space into
outdoor seating and dining, for 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 City Council of the City of Tustin at a regular meeting on
the 2nd day of March, 2010.
Pamela Stoker
City Clerk
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
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. 10-26 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of
March, 2010, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED
COUNCILMEMBER ABSENT:
-P'arnela Stok r
City Clerk
Resolution 10-26
Page 4 of 11
Amante, Nielsen, Davert, Palmer (4)
Gavello (1)
None (0)
None (0)
EXHIBIT A
RESOLUTION NO. 10-26
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 specked, 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).
1.6 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
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 of Conditional Use Permit 09-025, the applicant
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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.
(1) 2.3 Business hours are limited to the following:
Monday to Saturday; 8:30 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
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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.
(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
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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.
*** 2.21 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
approved by the Community Development Department and the Public
Works Department.
Any future parking studies shall consider possible changes to the number
of seats or outdoor area as allowable under Ordinance 1373.
PLAN SUBMITTAL
(1) 3.1 The wall sign and monument sign design and placement shall be
processed under a separate sign permit and shall be submitted
concurrently with the building permit application. 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.
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(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. At plan
check, all exterior colors and materials shall be submitted for review and
approval by the Community Development Department.
(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
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
s 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.
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(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."
(1) 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.
(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.
(1) 3.13 Roof top equipment shall be screened from public view.
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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.
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