Loading...
HomeMy WebLinkAboutZA Action 10-005ZONING 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: 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 welfare 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 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. Q~tiilo Eloise Harris RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) Dana L. Ogdon ZONING ADMINISTRATOR 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 24t" day of May, 2010. ~(A'~/Ki Q'~t~Lc~Y 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) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODES (7) PC/CC POLICY (4) DESIGN REVIEW *** 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) 2.18 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.