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HomeMy WebLinkAboutCUP 10-002Inter-Com DATE: MAY 24, 2010 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 10-002 PROPERTY VESTAR/KIMCO TUSTIN, L.P. OWNER: VESTAR DEVELOPMENT COMPANY 7575 CARSON BLVD. LONG BEACH, CA 9080$ APPLICANT: LOCATION GENERAL PLAN: ZONING: ENVIRONMENTAL STATUS: REQUEST: DAVID COPLEY THE AULD DUBLINER 2497 PARK AVENUE TUSTIN, CA 92782 2497 PARK AVENUE MCAS TUSTIN SPECIFIC PLAN SP-1 -MCAS TUSTIN SPECIFIC PLAN DISTRICT (PLANNING AREA 19 -COMMERCIAL) TUSTI N THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE PROVISIONS OF SECTION 15301 (CLASS 1 - EXISTING FACILITIES) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT A REQUEST TO OPERATE LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING RESTAURANT. That the Zoning Administrator adopt Zoning Administrator Action (ZAA) 10-005 approving Conditional Use Permit (CUP) 10-002 to operate live entertainment in conjunction with an existing restaurant (Auld Dubliner) located at 2497 Park Avenue. BACKGROUND The Auld Dubliner is a pub-style restaurant located in the District shopping center at Tustin Legacy, located at the northwest corner of the intersection of Jamboree Road and Zoning Administrator Report CUP 10-002 Page 2 Barranca Parkway. The District at Tustin Legacy is zoned as Specific Plan 1 (SP-1) MCAS Tustin Specific Plan and comprises Planning Areas 16, 17, and 19 (Neighborhood F). The District shopping center comprises over a million square feet of retail and restaurant commercial uses. The Auld Dubliner restaurant is located within the Lifestyle Center at the intersection of Park Avenue and District Drive. The Lifestyle Center of the District is located within Planning Area 19 which allows for an assortment of commercial uses, including restaurants, retail, and service commercial uses. The Lifestyle Center is a pedestrian oriented portion of the District which has an emphasis on entertainment attractions in addition to retail and restaurant uses. Unique attraction uses within the Lifestyle Center include facilities such as bowling alleys and movie theaters. The MCAS Tustin Specific Plan and Section 3231 of the Tustin City Code (TCC) require approval of a live entertainment permit prior to establishing, setting up, maintaining, conducting, or carrying on any live entertainment for pay or for no charge. In accordance with Sections 3232 and 9270b(3)(e) of the TCC, presentation of live entertainment also requires approval of a Conditional Use Permit. The Zoning Administrator, pursuant to Section 9299b(3)(e), has the authority to approve, conditionally approve or deny minor Conditional Use Permits for existing development where there would be no change of occupancy or primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project Zoning Administrator Report CUP 10-002 Page 3 or site. Sexually oriented businesses are prohibited within Planning Area 19 of the MCAS Tustin Specific Plan. ~ ~~ ~_, ~~ le '` ~`~` ~~ ~ I I / ~%~ ~ _ 4L19• yi i~;;/ r _ ._ ~ ~ ~~ y` K;~ . 11~ .a ~' - - --.- ~' ~ ,~ ~ <• ~ Auld Dubliner -------~,a ~ r ,\\ x~ R~cEiv~o ~- ~.d, T g .,~~,'jj , ,' -.. ~ ~~ ~, ~. _.,. ~~' .~ Luc w arns ~, i' r ~~a ~ ~ , b ~,. C~114UV,'~DE'7~1i~'c'~ .~ ~~; ~. ~a r ~~~ .:. ~~~',~~ >. ~.~~, ~ `\' i ~~?~ ~ ~ '7"he Dsh~llct ~~ `~. ~ . ~~ ~., .`F.'y~ .'AC.TUst~n..~,leg~y~~rsr~i4 F~~i..,~~, ~ -, Ii i ~ ~fv ~~0 k _. l w Surrounding Properties The District is bounded by Tustin Ranch Road to the north and west, Jamboree Road to the east, and Barranca Parkway to the south. Commercial and industrial uses lie to the south and east of the project site across Jamboree Road and Barranca Parkway in the City of Irvine. Land to the north and west of the project site is also located within the MCAS Tustin Specific Plan and is currently being planned to accommodate a wide variety of mixed uses. Public Noticing A public hearing notice identifying the time, date, and location of the public hearing for the proposal was published in the Tustin News on May 13, 2010. Property owners within 300 feet of the site were notified of the hearing by mail, a hearing sign was posted on the site and a public hearing notice was posted at City Hall on May 13, 2010. The applicant was informed of the availability of the agenda and staff report for this item. DISCUSSION Existing Restaurant The Auld Dubliner restaurant has existed at the subject location since November 2007 and has been the tenant in the subject 5,000 square foot space since the opening of the Zoning Administrator Report CUP 10-002 Page 4 District shopping center. The restaurant has an interior dining area with a bar area as well as an outdoor patio area for dining purposes. The proposed live entertainment would be conducted entirely within the building. Live entertainment is proposed to be located on an elevated platform area near the main entrance which currently serves as a dining area. The area would remain in use for dining purposes when live entertainment is not being performed. The establishment currently operates with a Type 47 Alcoholic Beverage Control (ABC) License which allows for the sale of general alcohol in conjunction with a bona fide public eating place. No tenant improvements are proposed with this permit. Outdoor Dining Area ,_ -- ~~' • r i ~ . ~ C ~ t~ __ Live Entertainment .~ "' ' ~ ~ v Stage Area ~ ~- ~; G:.:S U i ,'.17 n ,..t.,, . 'r„t: ~ M~ ~~ i, - l4 ~~ Live Entertainment Other entertainment venues within the Lifestyle Center include numerous restaurants, Strike bowling alley, AMC movie theaters, and regularly scheduled live entertainment events such as live music, art shows, and fashion shows within the courtyard area as approved by the Planning Commission on August 26, 2008. More recently on October 13, 2009, the Planning Commission approved The Loft within the Lifestyle Center which operates as a club with live entertainment and has alcohol sales. The Loft has not yet opened and is still in the development stages. The applicant is requesting a live entertainment permit to host bands at the venue that would range in music genre from traditional Irish to classic rock. Approval of a CUP for the presentation of live entertainment would authorize the applicant to obtain a live entertainment permit issued by the Director of Community Development. The live Zoning Administrator Report CUP 10-002 Page 5 entertainment permit is non-transferable, and any modifications to the proposed live entertainment permit would require approval of the Community Development Director. Hours of Operation/Parking The hours of operation for the restaurant are 11:00 a.m. to 2:00 a.m. daily which are consistent with other uses within the Lifestyle Center of the District. No changes to the hours of operation are being proposed and, pursuant to proposed Condition 2.21, the hours of live entertainment would be limited from 11:00 a.m. to 1:00 a.m. The primary use of the business as a restaurant would not change, and the live entertainment activities would be required to remain as an ancillary use. Staff does not anticipate any impact to parking as there will be no change of use or occupancy. Noise The Lifestyle Center is located essentially in the middle of the District shopping center and is surrounded by parking and additional commercial buildings beyond that. The District itself is located between the three major arterial roads: Barranca Parkway, Jamboree Road, and Tustin Ranch Road. Pursuant to the TCC Section 3236, the stage or entertainment area shall not be open to view from outside the premises, thus the live entertainment shall be conducted entirely within the building. Proposed Condition 2.5 of Zoning Administrator Action (ZAA) No. 10-005 would ensure this requirement. Although medium high density and low density residential development is proposed within the core areas of Tustin Legacy north of Tustin Ranch Road in Neighborhoods D and G (see Attachment C - MCAS Tustin Site Plan), no noise impacts are anticipated since there are no residential uses existing or planned in the immediate vicinity of the Lifestyle Center within the District. Pursuant to proposed Condition 2.6 of ZAA No. 10-005, the proposed live entertainment shall not exceed noise standards set forth in the City of Tustin Noise Ordinance. Furthermore there are other locations within the Lifestyle Center where live entertainment is regularly performed and City staff has not received any complaints related to noise. Redevelopment Agency and Police Department The project site is located within a Redevelopment Agency project area and the City of Tustin Redevelopment Agency has reviewed and approved the proposed use. The City of Tustin Police Department has reviewed and approved the proposed use subject to the conditions contained within proposed ZAA No. 10-005. FINDINGS In determining whether to approve the Conditional Use Permit for the proposed live entertainment in conjunction with an existing restaurant located at 2497 Park Avenue within the Lifestyle Center at the District, the Zoning Administrator must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether Zoning Administrator Report CUP 10-002 Page 6 it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request as conditioned may be supported by the following findings: 1. The Lifestyle Center in the District was developed to allow uses with live entertainment and can reasonably accommodate such a use. 2. The hours of the restaurant would not change and are compatible with other uses within the Lifestyle Center and the District. 3. No noise impacts are anticipated as there are no existing or planned residential uses within the immediate vicinity of the project site. All live entertainment would be conducted entirely within the building. 4. As conditioned, the presentation of live entertainment at the subject property would not be detrimental to the health, safety, morals, comfort, and general welfare of the City. 5. As conditioned, Conditional Use Permit 10-002 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 10-002 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. 6. Pursuant to Section 3.8.4D of the MCAS Tustin Specific Plan, no sexually oriented businesses can be established within Planning Area 19 (the District). 7. The implementation/application of the proposed conditions would ensure compatibility of the proposed live entertainment with the surrounding uses and the Tustin City Code. 8. The City of Tustin Redevelopment Agency and Police Department have reviewed and approved the proposed use subject to the conditions of approval contained within ZA.A No. 10-005. 9. Due to prior repeated violations of the Auld Dubliner restaurant at the subject premises, the approval of CUP 10-002 shall serve as apre-citation notice pursuant to Section 1162e of the Tustin City Code. Zoning Administrator Report CUP 10-002 Page 7 Staff recommends that that the Zoning Administrator adopt Zoning Administrator Action No. 10-005 approving Conditional Use Permit 10-002 to operate live entertainment in conjunction with an existing restaurant located at 2497 Park Avenue within the Lifestyle Center at the District at Tustin Legacy. / ~ ~-- Rya wiontek Asso iate Planner Attachments: A. Location Map B. Land Use Fact Sheet C. MCAS Tustin Site Plan D. Submitted Plans E. ZAA 10-005 ATTACHMENT A LOCATION MAP LOCATION MAP PROJECT NO.: CUP 10-002 ADDRESS: 2497 PARK AVE. AULD DUBLINER (LIFESTYLE CENTER AT THE DISTRICT) . .,. ,, , \'~ r . a ,p~q~c ,~ _ ^.,. '~ ~ - - - ~z A~~Y * ;, ~~a- ~~5 0' 4°~ ~k~ e ~ ~ ya ,, 1 , i '. i I i ~ ~ ~ i ~ i ~ ;C 1200Y dwNw.CavP+na.NEl ~ ~ D O B~OfI i ~1 -e~+ ~ ~ ~ .i ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. 2. 3. 4. 6. 7 8. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT (CUP) 10-002 LOCATION: THE DISTRICT cni.. TUSTIN LEGACY -LIFESTYLE CENTER ADDRESS: 2497 PARK AVE. TRACT: 16695 5. APN: 434-441-16 PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: DDA 04-002. CP 04-001. DR 04-010. VAR 04-002. CUP 04-015. CUP 07-010. CUP 08-009. SURROUNDING LAND USES NORTH: VACANT (HANGAR WEST: VACANT SURROUNDING ZONING DESIGNATION: SOUTH: COMMERCIAL -INDUSTRIAL EAST: INDUSTRIAL NORTH: MCAS TUSTIN SPECIFIC PLAN (SP-1) SOUTH: CITY OF IRVINE WEST: MCAS TUSTIN SPECIFIC PLAN (SP-1) EAST: CITY OF IRVINE 9. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: MCAS TUSTIN SPECIFIC PLAN SOUTH: CITY OF IRVINE WEST: MCAS TUSTIN SPECIFIC PLAN EAST: CITY OF IRVINE 10. SITE LAND USE: A. EXISTING: SHOPPING CENTER (COMMERCIAL) PROPOSED: SAME B. GENERAL PLAN: MCAS TUSTIN SPECIFIC PLAN PROPOSED: SAME C. ZONING: MCAS TUSTIN SPECIFIC PLAN (SP-1) PROPOSED: SAME DEVELOPMENT FACTS: NO CHANGE TO EXISTING DEVELOPMENT 11. LOT AREA: 111.77 GROSS ACRES 12. RETAIL AREA: 1,045,619 SQUARE FEET 13. PARKING: SHARED PARKING ANALYSIS ATTACF~MENT C MCAS TUSTIN SITE PLAN C N a y a C C 0 d .U m D CO ~. N ~] c x w o ~ • W 4 N ~ ~ 0.' ~ N O u no oC i z~ ~ o _ d s E c C y ~ ° m r ; ~ c E q •' o z W z ~ x b ap W ~ X 4 ?' d f3 rn 1~ Q'e ae .3i n ° v W ~ a ~ o z p~~ ~ ° F_a- w ~ i z c"7' xK a * _ ~ Rf v ~c ~ v `~ L ~ ~ V ~ pip ~ VO ~ ~4 z O 2~.' M 41 m ~ p ~ ~ U ~ _ i' A vS ° ~ ~ a o o a J z 3 ~a ~,,, gr ~ ~~~ o« ~ ~ ] ~ ~ O K C W 2~ F .Zj a p z ~ ~ N F ~~ r G $~ o~ g c 3 O ~ ~ N N S ~ J ] 3 m ~ [9 W c.i T 4 W q • 3 • E p ° ~ ~ CC ~ '~ c°~ c°.i i c°~ ~w c°~ a `~ `d~ W d i ~ ~ ~°n ~ ~ y o a ` £ z r ~ ~ X13 1---- .Z } ~ r H U d ~ I- (n ~` ~c~U w z ~a~ ~- ~~ .,,,e 3AV irfrO~iASWLy . 'S NO15v a H ATTACHMENT D SUBMITTED PLANS `+^A v, =' yr Oa ~e F ~ z; vu ~ ~ _ r ~ t ~ W- =r - ~ - r a ~$~s-~~~ ~~ :: "~a~ .1 e ~~.~-'.~' ;~`r.' ',~:F S i a ~ v~.~ui c* '~'N € ~ - '~" n E B, ~r ~ ~ ~ V - ~~ .,.~ ~ (}~ ~ ~ ,` `~~ f ATTACHMENT E ZONING ADMINISTRATOR ACTION NO. 10-005 ZONING ADMINISTRATOR ACTION 10-005 CONDITIONAL USE PERMIT 10-002 2497 PARK AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 10-002 was filed by David Copley of the Auld Dubliner restaurant to operate live entertainment in conjunction with an existing restaurant located at 2497 Park Avenue. B. That the MCAS Tustin Specific Plan zoning designation and General Plan land use designation provide for a variety of commercial and entertainment uses including live entertainment. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. C. That pursuant to Sections 3232 and 9270b(3)(e) of the Tustin City Code, presentation of live entertainment requires approval of a conditional use permit. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 10-002 on May 24, 2010, by the Zoning Administrator. E. That Pursuant to Section 9299b(3)(e) of the Tustin City Code, the Zoning Administrator has the authority to approve, conditionally approve or deny minor Conditional Use Permits for existing development where there would be no change of occupancy or primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. F. That the establishment, maintenance, or operation of the project will not, under the circumstances of the use, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or injurious or detrimental to property and improvements in the neighborhood or the general we-fare of the City in that: 1) The Lifestyle Center in the District was developed to allow uses with live entertainment and can reasonably accommodate such a use. Zoning Administrator Action 10-005 CUP 10-002 Page 2 2) The hours of the restaurant would not change and are compatible with other uses within the Lifestyle Center and the District. 3) No noise impacts are anticipated as there are no existing or planned residential uses within the immediate vicinity of the project site. All live entertainment would be conducted entirely within the building. 4) As conditioned, the presentation of live entertainment at the subject property would not be detrimental to the health, safety, morals, comfort, and general welfare of the City. 5) As conditioned, Conditional Use Permit 10-002 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 10-002 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. 6) Pursuant to Section 3.8.4D of the MCAS Tustin Specific Plan, no sexually oriented businesses can be established within Planning Area 19 (the District). 7) The implementation/application of the proposed conditions would ensure compatibility of the proposed live entertainment with the surrounding uses and the Tustin City Code. 8) The City of Tustin Redevelopment Agency and Police Department have reviewed and approved the proposed use subject to the conditions of approval contained within ZAA No. 10-005. 9) Due to prior repeated violations of the Auld Dubliner restaurant at the subject premises, the approval of CUP 10-002 shall serve as a pre-citation notice pursuant to Section 1162e of the Tustin City Code. G. That this project is Categorically Exempt pursuant to Section 15301, Class 1, Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Zoning Administrator Action 10-005 CUP 10-002 Page 3 II. The Zoning Administrator hereby approves Conditional Use Permit 10-002 to operate live entertainment in conjunction with an existing restaurant located at 2497 Park Avenue subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 24th day of May, 2010. Dana L. Ogdon ZONING ADMINISTRATOR Eloise Harris RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 10-005 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 24th day of May, 2010. Eloise Harris RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 10-005 CONDITIONAL USE PERMIT 10-002 CONDITIONS OF APPROVAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 24, 2010, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. . (1) 1.2 All conditions in this Exhibit shall be complied with subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered 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 10-002 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 Section 1162(a) of the Tustin City Code. Approval of CUP 10-002 shall serve as apre-citation notice pursuant to section 1162e of the Tustin City Code. Any person(s) designated by the business owner (including employees) of the business as responsible for fulfilling the conditions herein shall be subject to an Administrative Citation for the violation of any conditions contained herein. SOURCE CODES (1) STANDARD CONDITION (5) (2) CEQA MITIGATION (6) (3) UNIFORM BUILDING CODElS (7) (4) DESIGN REVIEW ~~* RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTIONS Exhibit A ZA Action 10-005 Page 2 (1) 1.6 Conditional Use Permit 10-002 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. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 As a condition of approval of Conditional Use Permit 10-002, 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. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. USE RESTRICTIONS (1) 2.1 No sexually oriented businesses including but not limited to adult entertainment, sexually oriented business, burlesque shows, and lewd or indecent acts shall be established within the project site pursuant to Section 3.8.4D of the MCAS Tustin Specific Plan. (1) 2.2 Operation of live entertainment is contingent upon the use of the premises remaining a restaurant use. At such time the primary use of a restaurant is discontinued or no longer the primary use of the property, this conditional use permit shall be deemed null and void. Exhibit A ZA Action 10-005 Page 3 (1) 2.3 A Live Entertainment Permit shall be obtained through the Business License Division prior to establishing, conducting, or carrying on any live entertainment. The Live Entertainment Permit shall be non-transferable to any person(s). (1) 2.4 No business operating with a valid Live Entertainment Permit shall employ any person who has been convicted of illegal drug usage, drug dealing, or prostitution within the last five (5) years. (1) 2.5 The live entertainment 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. Live entertainment shall be conducted entirely within the building. (1) 2.6 The ambient noise levels resulting from the live entertainment shall not exceed the standards of the City of Tustin Noise Ordinance. Outside address speakers, telephone bells, buzzers, and other similar devices, which are audible from adjoining properties, shall be prohibited. (1) 2.7 All litter shall be removed from the exterior areas around the premises, including adjacent public sidewalk areas and parking areas, no less frequently than once each day that live entertainment is performed. (1) 2.8 Fire and Police access and passage shall be permitted at all times. (1) 2.9 Exterior public pay telephones shall be prohibited and interior public pay phones shall be programmed to prevent incoming calls. (1) 2.10 "No Loitering" signs shall be placed near the entrance on the outside of the premises. No congregation and loitering outside the building shall be permitted. (1) 2.11 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. (1) 2.12 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicants to prepare a parking demand analysis, traffic study, or noise analysis and the applicants shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicants shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: Exhibit A ZA Action 10-005 Page 4 (a) Adjust hours of operation. (b) Eliminate live entertainment. (c) Reduce the number/frequency of performers. (d) Require additional on-site security personnel. (e) Provide additional parking. (1) 2.13 The gross annual sales of food shall exceed the sale of alcohol. The restaurant shall keep record of such sales available on premises at all times during business hours. These records are subject to review by the City of Tustin. (1) 2.14 The regular food menu shall be available at all times when alcohol is served. (1) 2.15 There shall be no drink promotions between 7:OOpm - 2:OOam Monday thru Sunday. (1) 2.16 There shall be no promotions encouraging intoxication, drinking contests, advertisements indicating, "Buy one drink, get one free," "Two for the price of one," or similar language. There shall be no alcohol related games such as "beer pong." (1) 2.17 Licensee(s) shall not require an admission charge, cover charge, or require a purchase or donation to enter the business. There shall be no requirement to purchase a minimum number of drinks. (1) 2.1 S There shall be no outside promoters. (1) 2.19 The business owner shall designate an individual in charge for each of the conditions contained herein during all business hours. This individual(s) shall assure the occupancy limits established by the City of Tustin are within compliance. (1) 2.20 Lines to enter the establishment shall not block entrance /exit doorways. Lines shall be confined by barricades, ropes or similar methods. (1) 2.21 Live entertainment shall only occur between the hours of 11:00 a.m. - 1:00 a.m. Monday thru Sunday. (1) 2.22 Persons who appear obviously intoxicated shall not be admitted into the establishment. (1) 2.23 Patrons who appear obviously intoxicated shall not be served any alcoholic beverages. Exhibit A ZA Action 10-005 Page 5 (1) 2.24 Any patron who (1) fights or challenges another person to fight, (2) maliciously and willfully disturbs another person by loud or unreasonable noise, or (3) uses offensive words which are inherently likely to provoke an immediate violent reaction shall be removed from the premises. (1) 2.25 All live entertainment (performer names/information) shall be submitted for approval to the City of Tustin fourteen (14) days in advance of performance. The City of Tustin holds the right to refuse specific performing entertainers. FEES (2) 3.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that 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.