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HomeMy WebLinkAboutPC RES 341310 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 3413 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 95-019 AND VARIANCE 95-011, AUTHORIZING THE ISSUANCE OF A TYPE 23 ALCOHOLIC BEVERAGE CONTROL LICENSE TO ESTABLISH A MICROBREWERY IN CONJUNCTION WITH A RESTAURJLNT AT 13011 NEWPORT AVENUE, SUITE 100, AND A VARIANCE TO REDUCE THE REQUIRED PARKING FROM 327 SPACES TO 241 SPACES AT 13011-13051 NEWPORT AVENUE. The Planning Commission does hereby resolve as follows: I . The Planning Commission finds and determines as follows: a. That.a_proper application for Conditional Use Permit 95-019 and Variance 95-011 was filed by Tustin Brewing Company to request authorization for the issuance of a Type 23 License from the Department of Alcoholic Beverage' Control for the establishment of a restaurant with on-premise brewing facilities for the manufacture and sale of beer for on- site consumption at 13011 Newport Avenue, Suite 100, and a Variance to reduce the required parking from 327 spaces to 241 spaces at a commercial shopping center located at 13011-13051 Newport Avenue, more specifically described as Assessor's Parcel No. 401-221-04. m . That the proposed use is allowed within the Central Commercial District, with the approval of a Conditional Use Permit. C~ That a public hearing was duly called, noticed and held on said application on January 8, 1996 by the Planning Commission. m · That the establishment, maintenance and operation of the use applied for 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, as evidenced by ~he following findings: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3413 Page 2 . The application is in substantial compliance with the City's adopted guidelines for alcoholic beverage sales establishments, which have been established and considered to mitigate potential impacts associated with the sale of alcohol. . The sale of beer and wine will be for on- site consumption only. . Hours of sale of beer and wine shall be limited to the hours when food is available. Menu items shall be available in the restaurant during business hours. o Ail persons serving beer and wine shall be eighteen (18) years of age or older and supervised by someone twenty-one (21) years of age or older. The supervisor will be present in the same area as point of sale. E . That granting of a Variance to permit the shared use of the available 241 on-site parking spaces among the tenants of .the subject property, further described as Plaza LaFayette, although the Tustin City Code would require 327 on-site parking spaces to serve each of the uses separately, can be supported by the following findings: There . are special circumstances applicable to the shape, size, locationL topography or surroundinqs such that the strict application of the zoninq ordinance deprives the property of privileqes enjoyed by other property in the vicinity and under the identical zoninq classification - There are special circumstances applicable to the location of the proposed use in that the existing mix of uses 'offers the opportunity for sh~red parking, because the peak parking demand for individual uses occurs at different times. The capability of the shopping center to support the proposed microbrewery in conjunction with the existing uses was demonstrated by actual parking counts taken at the subject property, when it was found that no less Resolution No. 3413 Page 3 than 33 parking spaces were unoccupied during the center's overall peak parking demand period. Based on a parking demand to seat ratio of 0.23 for microbreweries, as estimated by a licensed traffic engineer, the subject property, as presently developed and occupied, could support a microbrewery with up to 143 seats. The strict application of the parking requirements would preclude the property owners from securing a viable tenant when it has been demonstrated that the subject property has adequate capacity to support the use proposed. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 F o . Grantinq of the Variance will not constitute a special privileqe inconsistent with the limitations upon other properties in the vicinity and zoninq district in which the subject property is situated - Ail developed commercial properties in the City of Tustin are required to provide adequate off-street parking to meet their on-site parking needs. A parking study was submitted to the City which determined that adequate on-site parking was provided on the subject property to adequately serve the aggregate parking demand generated'by uses occupying Plaza LaFayette. Therefore, no special privilege will be granted as a result of approving this Variance request. A Negative Declaration has been prepared and certified for this project in accordance with the provisions of the California Environmental Quality Act (CEQA) . That 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. 24 25 26 27 28 II. The Planning Commission hereby approves Conditional Use Permit 95-019 to authorize the issuance of a Type 23 Alcoholic Beverage Control License to establish a microbrewery in conjunction with a restaurant at 13011 Newport Avenue, Suite 100, and Variance 95-011 to reduce the required parking from 327 spaces to 241 spaces at 13011-13051 Newport Avenue. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3413 Page 4 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 8th day of January, 1996. Recording Secretary. Chairperson STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3413 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of January, 1996. Recording Secretary EXHIBIT A CONDITIONAL USE PERMIT 95-019 AND VARIANCE 95-011 CONDITIONS OF APPROVAL RESOLUTION NO. 3413 GENERAL (1) 1.1' The proposed project shall substantially conform with the submitted plans for the project date stamped January 8, 1996, on file with the Community Development Department, except 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 minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied wi~h prior to the issuance of any building permits for the project, 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 within twelve (12) months of the date of this Exhibit and substantial construction is underway. 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 95-019 and Variance 95-011 is' contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of City's approval of the entitlement process for this _. project. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Resolution No. 3413 Page 2 PLAN SUBMITTAL (1) 2.1 At building plan check, submit three (3) sets of construction and site improvement plans in accordance with applicable Building and Fire Codes. Compliance with approved plans shall be inspected by the Community Development Department during construction and prior to final inspection. (1) 2.2 The building shall comply in all respects with the Building Code, other related codes, City Ordinances, and State and Federal Laws and regulations. (3) 2.3 Mechanical ventilation shall be provided based on the number of occupants. (3) 2.4 The tenant space, parking spaces, entrances to the building,, path of travel from the parking area to the building, and sanitary facilities shall be accessible to persons with disabilities. (3) 2.5 Ail corridors serving the exit path from the restaurant/microbrewery shall be one-hour fire-rated construction. (3) 2.6 Ail doors in the exit path from the restaurant/microbrewery shall swing in the direction of travel and shall be equipped with panic hardware. NOISE (1) 3.1 Ail construction operations, including engine warm up and deliveries of materials and equipment, shall be subject to the provisions of the City of Tustin Noise Ordinance as amended, and may.take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday, unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance' and the public health and safety will not be impaired, subject to application being made at the time the permit for the work is awarded or during progress of the work. No Sunday or holiday construction shall be permitted. (1) 3.2 Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are prohibited. Exhibit A Resolution No. 3413 Page 3 FIRE AUTHORITY (5) 4.1 Prior to the issuance of any building permits, plans for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a certificate of use and occupancy. If a sprinkler system exists, the applicant, shall provide plans for the existing system. (5) 4.2 Prior to installation, plans for an approved fire- suppression system for the protection of commercial-type cooking equipment shall be submitted to the Fire Chief for approval. (5) 4.3 Prior to the issuance of any permits, the applicant shall submit to the Fire Chief a list of the q/uantities of all hazardous, flammable and combustible materials, liquids or gases. These liquids and materials are to be classified according to the "Orange County Fire Authority Chemical Classification Handout" Provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons and cubic feet. (5) 4.4 The following notes shall be provided on the site plan: Fire Authority Final Inspection required. Schedule inspection 2 days in advance. Phone (714) 832-1011 . Locations and classification of extinguishes to be determined by the fire inspector. SIGNS '(4) 5.1 Complete sign plans shall be submitted which address all proposed wall, directional, and address signs. The sign plans shall include dimensions, materials, colors, and method of illumination. The design, installation and maintenance of said signs shall be in compliance with the Tustin Sign Code and approved criteria for the Plaza LaFayette shopping center. (5) 5.2 Opaque materials and signage shall not cover more than 25 percent of the aggregate area of all windows.and doors of the restaurant. Exhibit A Resolution No. 3413 Page 4 USE RESTRICTIONS (1) 6.1 The property owners of the restaurant/microbrewery shall be responsible for the daily maintenance and up-keep of the facility, including but not limited to trash removal, painting, graffiti removal and maintenance of improvements to ensure that the facilities are maintained in a neat and attractive manner. All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structures and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. (1) 6.2 To prevent loitering, no exterior public phones are to be allowed on the.subject site. (3) 6.3 Ail building locking devices added to the premises shall meet those requirements as set forth in the Building Security Code. (1) 6.4 Any violations of the Tustin City Codes or Conditions of Approval of this Conditional Use Permit shall be grounds for initiation of revocation proceedings of the Conditional Use Permit and Variance. (1) 6.5 Any Health Code or other violations, as determined by the County of Orange Health Care Agency, may be grounds for revocation of this Conditional Use Permit. (4) 6.6 A maximum of 143 seats'is authorized for the restaurant. (1) 6.7 No outdoor seating shall be permitted unless a separate Conditional Use Permit is approved pursuant to the current provisions of the Tustin City Code. (7). 6.8 No off-site consumption Of alcohol for any type of ABC license is authorized. Ail alcoholic beverages shall be consumed on-site. (4) 6.9 Hours of sales of beer, wine and distilled spirits shall be limited to the hours when food is available between the hours of 11:30 a.m. and 12:00 midnight, Sunday through Thursday, and between 11:30 a.m. and 2:30 a.m., Friday and Saturday. Menu items shall be available in the restaurant during business hours. Any extension of these hours shall require approval of an Amendment to this Conditional Use Permit by the Zoning Administrator. (7) 6.10 The menu of the restaurant shall.consist of foods that are prepared on the premises. Exhibin A Resolution No. 3413 Page 5 (1) 6.11 Authorization for the on-site sale of beer and wine (ABC License Type "23") is contingent upon the use of the subject premises remaining a restaurant. Should this use change, authorization for this use permit shall become null and void. (7) 6.12 There shall be no billiard tables, video games, dancing or live entertainment on the premises at any time, unless approval of a Conditional Use Permit is obtained for these activities. (7) 6.13 Ail persons selling alcoholic beverages shall be 18 years of age or older and shall be supervised by someone 21 years of age or older. A supervisor shall be present in same area as point of sale. (2) 6.14 Ail non-disabled employees and store owners/ managers of the shopping center shall be required to park in the rear of the shopping center to provide additional parking in the front. Notification of this reqfuirement shall be written into all tenant leases. A copy of a standard lease form with said language incorporated therein shall be submitted to the Community Development Department prior to the issuance of a Certificate of Occupancy for the proposed restaurant/microbrewery. (2) 6.15 Prior to the issuance of a Certificate of Occupancy for the proposed restaurant/microbrewery, directional signage shall be provided to inform patrons that parking is available in the rear of the shopping center. The installation and maintenance of directional signage shall comply with Section 9409C of the Tustin City Code Sign Regulations. A directional signage plan shall be submitted to the Community Development'for approval, and building permits shall be issued, prior to the installation of directional signage. (2) 6.16 During peak months, such as December, or at other times as determined necessary in writing by 'the Public Works Director and/or Community Development Director, based upon on-site traffic and circulation issues, valet parking for the proposed Tustin Brewing Company shall be provided. The Nieuport 17 restaurant currently has valet service provided from approximately 11:00 a.m. to 10:00 p.m. daily; valet service for both uses may be consolidated. The property owner shall receive written notice from the Public Works Director and/or Community Development Director at such time that an increase in valet service is deemed warranted. Said increase in valet service shall be provided for the time periods- specified by the Public Works Director and/or Community Exhibit A Resolution No. 3413 Page 6 Development Director and shall be implemented immediately upon notification. (2) 6.17 At the time of Plan Check submittal, a revised time- restricted parking plan shall be submitted to the Community Development Department for approval. Prior to submittal to the Community Development Department, the property owner shall provide written notice of the proposed time-restricted parking revisions to the Plaza LaFayette tenants, and shall obtain written acknowledgment from the tenants that: 1) they have received notification of the proposed revisions; and 2) that they concur with the proposed revisions. The property owner shall then provide the original signed acknowledgment forms to the Community Development Department as evidence that a majority of the Plaza LaFayette tenants concur with the proposed revisions to the parking lot time restrictions. Possible modifications to the existing plan may include the following: a o b o Removing time restrictions after 6:00 p.m. Extending time restrictions on a portion of the parking spaces located in the front-central area of the shopping center, excluding those spaces directly adjacent to store entrances, to one hour, thus requiring patrons who would be in any of the restaurants for more than an hour to park'in the rear lot adjacent to the westerly property boundary or use the valet parking. (2) 6.18 If, at any time in the future, an on-site or neighboring tenant or customer advises the City, or if the City is othez-wise made aware and concurs, that a parking and/or traffic problem exists at the Plaza LaFayette shopping center as a result of the insufficient on-site parking availability, and it has been confirmed that the subject property is in compliance with mitigation measures 1 through 4 above, then the 'Community Development and Public Works Departments may require the property owner to submit an updated parking demand analysis and/or traffic study, at no expense to the City, within the time schedule stipulated by the City; the property owner may delegate this responsibility, through lease negotiations, to any tenant operating under Conditional Use Permit 95- '019 and Variance 95-011. If said study indicates that. there is inadequate parking or a traffic problem, the property owner shall be required to provide additional mitigation measures to be reviewed and approved by the Community Development and Public Works Departments. Said Exhibit A Resolution No. 3413 Page 7 mitigation may include, but not be limited to, the following: a. Establish alternate hours of operation. b o Provision of additional parking as needed, up to minimum number required for the aggregate of shopping center uses pursuant to Zoning Code standards, by purchase and/or lease of property within 500 feet of the property or provision of the needed parking on site. The securing of off-site parking would require approval of a revised Variance. Failure to adequately respond to such a request and to implement mitigation measures within the time schedules established shall be grounds for initiation of revocation procedures for Variance 95-011 and Conditional Use Permit 95-019. FEES (1) 7.1 Prior to issuance of any building permits, payment shall (5) be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a. Building plan check and permit fees to the Community Development Department based on the most current schedule. (1) 7.2 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier's check payable to th~ COUNTY CLERK in the amount of $25.00 (twenty-five dollars) 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.