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HomeMy WebLinkAbout04 CUP 2011-17_1-~. . AGENDA REPORT MEETING DATE: OCTOBER 11, 2011 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2011-17 PROPERTY OWNER: DINOSHA, LLC 341E 1ST STREET TUSTIN, CA 92780 SUMMARY: APPLICANT: ITEM # 4 OCSA, INC. (SUPER ANTOJITOS) 341E 1ST STREET TUSTIN, CA 92780 A request by OCSA, Inc. (Super Antojitos restaurant) to operate live entertainment in conjunction with an existing restaurant located at 341 E. 1St Street. Sections 3232 and 9270b(3)(e) of the Tustin City Code requires approval of a conditional use permit for the presentation of live entertainment. ENVIRONMENTAL: This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Environmental Quality Act (CEQA). -, 5 AUiHENT1C 0~' MEXICAN FOOD'- iA(O5, volt OS TDP.TkS, f!~EI!UCO POZDLE, fN1E4Q'J ZEES MIRIS(OS. SEq EDOD ~, ~!r x .~ ' .R ~a.m PC Report October 11, 2011 CUP 2011-17 Page 2 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4186, approving Conditional Use Permit 2011-17 authorizing the operation of live entertainment in conjunction with an existing restaurant located at 341 E. 1St Street. BACKGROUND: Super Antojitos restaurant specializes in Mexican cuisine and has been at its current location within the City of Tustin since 2003. The restaurant occupies a 3,116 square foot freestanding building which fronts onto 1St Street. Super Antojitos restaurant possesses an Alcoholic Beverage Control (ABC) Type 41 License which allows for the sale of beer and wine for on-site consumption at the restaurant. The building has been continuously operated as a restaurant since 1979. The subject property is situated on the northwest corner of E. 1St Street and Hall Circle and has its own parking lot with access from both 1St Street and Hall Circle. Surrounding properties to the south, east, and west of the project site are commercial in nature and include restaurant, retail, and office uses. Abutting the subject property to the north are high density residential uses within the Tustin Plaza Apartment complex. There are carports and a drive aisle/parking lot that further distance the apartment units from the restaurant. All of the surrounding properties as well as the subject property are located within the First Street Specific Plan zoning district. PC Report October 11, 2011 CUP 2011-17 Page 3 ®ISCUSSION: Live Entertainment Super Antojitos is requesting a live entertainment permit in order to have bands (three or more persons) play at the restaurant. The applicant has informed staff that he is pursuing the live entertainment permit primarily for holiday parties and private events at the restaurant which request to have live bands such as mariachi music. Other forms of live entertainment that are exempt from permitting through the City are already performed at the restaurant. Section 3235 of the Tustin City Code exempts certain forms of live entertainment from obtaining a live entertainment permit which include: single performers, duos, disc jockeys, karaoke singers, radios, juke boxes, piano playing, etc. The restaurant frequently hosts karaoke nights and disc jockeys. No person shall be eligible to receive a live entertainment permit until such person has obtained a valid conditional use permit for live entertainment pursuant to Tustin City Code Section 9270(b). Approval of a conditional use permit 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 entertainment permit is non- transferable, and any modifications to the proposed live entertainment permit would require approval of the Community Development Director. Bcvvrag~ KiL`L'i1'117Y! ~icCrigcrAtar r'1m~a ~I;lE1Ct1 i Eionth Bt~rrth I3nuth ._. i t'a~hicr~ 1)awrr .~_ liaath Waiting - ~~ j '1':iH1~ ~.ABt,F Area 'C,113LF. } ,,/~ I~AliC1: ~ 1>;ack N IUt)r Ciuur ~_. TAt3LC: ~ T:+-IiL~ I . C ~*,, 1°A13i.F t$ouf h B~wth I3o[~th 13aoth Floor Plan (not to scale) u.,r. ~._. __.J 13ig Buath Fiaath Baath i N ---- PC Report October 11, 2011 CUP 2011-17 Page 4 Hours of Operation and Parking The hours of operation for the restaurant are from 8:00 a.m. to 11:00 p.m. Sunday through Wednesday and from 8:00 a.m, to 2:00 a.m. Thursday through Saturday. No changes to the restaurant hours of operation are being proposed and, pursuant to proposed Condition 2.24, the hours of live entertainment would be limited from 8:00 a.m. to 12:00 midnight. Food service is also available during all hours of operation. 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. Furthermore, the restaurant has already been operating forms of live entertainment which are exempt from permitting and no calls for service have been received from surrounding properties. Noise The subject property is located within a commercial district; however, there are high density residential uses (apartments) to the rear of the property. Pursuant to Section 3236 of the TCC, 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. Pursuant to proposed Condition 2.7, the proposed live entertainment shall not exceed noise standards set forth in the City of Tustin Noise Ordinance. The Police Department has not received any calls for service related to noise pertaining to the existing live entertainment at the restaurant. Although, City staff did receive a letter on October 5, 2011, from residents within the Tustin Plaza Apartments adjacent to the restaurant pertaining to noise and parking concerns (Attachment D). 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 supports the proposed use. The City of Tustin Police Department has reviewed and supports the proposed use subject to the conditions contained within Resolution No. 4186. The Police Department is aware of the existing live entertainment at the restaurant and has not experienced problems with the use. FIN®INGS In determining whether to approve the Conditional Use Permit for the proposed live entertainment in conjunction with an existing restaurant located at 341 E. 1St Street, the Planning Commission 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 it will be injurious or detrimental to property or improvements in the vicinity or to the general welfare of the City. A decision to approve this request as conditioned may be supported by the following findings: PC Report October 11, 2011 CUP 2011-17 Page 5 1. The restaurant has been operating forms of live entertainment that are exempt from City permitting and no calls for service from surrounding properties have been received. 2. That the hours of live entertainment would be limited from 8:00 a.m. to 12:00 midnight. 3. No noise impacts are anticipated as all live entertainment would be conducted entirely within the building and would be required to comply with the City's Noise Ordinance. 4. As conditioned, Conditional Use Permit 2011-17 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 2011-17 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. 5. The implementation/application of the proposed conditions would ensure compatibility of the proposed live entertainment with the surrounding uses and the Tustin City Code. 6. The City of Tustin Redevelopment Agency and Police Department have reviewed and support the proposed use subject to the conditions of approval contained within Resolution No 4186. Ry Swiontek ~ abeth A. Binsack Associate Planner Community Development Director Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Public Comments E. Resolution No. 4186 ATTACHMENT A LOCATION MAP LOCATION MAP CUP 2011-17: 341 E. 1ST STREET ~ J J G J PROJECT SITE `' ~ J -~ J J Ja ~,oa .. ~ .. .. ., o c 0 O.p^ O C O O L. O o 0 300' 6 O ~l (+ J FIRST ST ~ . 500' m c'I' -~ 4 m ~ ~ / ' ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT 2011-17 2. LOCATION: 1 St STREET & HALL CIRCLE 3. ADDRESS: 341 E. 1 st STREET 4. APN(S): 401-141-11 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: NONE 6. SURROUNDING LAND USES: NORTH: RESIDENTIAL SOUTH: COMMERCIAL EAST: COMMERCIAL WEST: COMMERCIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: FSSP -RESIDENTIAL SOUTH: FSSP -COMMERCIAL EAST: FSSP -RESTAURANT/COMMERCIAL WEST: FSSP -RESTAURANT/COMMERCIAL 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PC COMMERCIAUBUSINESSSOUTH: PC COMMERCIAUBUSINESS EAST: PC COMMERGIAUBUSINESS WEST: PC COMMERCIAUBUSINESS 9. SITE LAND USE: A. EXISTING: RESTAURANT B. PROPOSED: RESTAURANT C. GENERAL PLAN: PC COMMERCIAL/BUSINESS D. ZONING: FSSP PROPOSED GP: SAME PROPOSED ZONING: SAME DEVELOPMENT FACTS: NO CHANGE TO EXISTING DEVELOPMENT 11. BUILDING AREA: 3,116 S.F. ATTACHMENT C SUBMITTED PLANS f, ~ ~ ~ a ~ ~ F a A 0 3 L a o~ c L Or d a ao cs a n On 00 C Qr yd L 0, oio ao on o0 oc 3 a a . a a a, ~ A W ~` 3 0 eo C L 00 Q O a L : o a C Or bD .~ L 4 q ~ 3 G ~ xa ~ •L 0 F ~! Vi=i! 1 F W w F RECEIVED AUG 1 S 2011 COMMUNITY DEVELOPMENT BY: ~~~~Fr~OO~~ v o` ~I GI ,q .t~ ~ ~ ++ 0 0 .a 0 0 as U Q ~ V L ~ C A w / a w ppaqq F H w W a a F ~ O .C 0 0 ~~ .O 0 0 O 0 0 0 •~ ~ ~~ ~y ~ ~ y ~L w a H U bro O ~Q .. ~ .v ~ Q O LLI DI ~ L, W 3 .a 0 0 ATTACHMENT D PUBLIC COMMENTS October 5, 2011 City of Tustin Planning Commission 300 Centennial Way Tustin, CA 92780 ~T ~ ~ ~1~ SUBJECT: Conditional Use Permit Application 2011-17 (Super Antojitos Restaurant) As long-time residents of Tustin Plaza Apartments at 131 Hall Circle, we are extremely concerned about the plans Super Antojitos Restaurant has for live music at their establishment (Conditional Use Permit Application 2011- 17). Super Antojitos is to be applauded for the successful business they have established at this location, and we certainly hope it continues for them. Super Antojitos currently offers karaoke both Thursday and Friday night each week. Based on our experiences on those nights and some live music events at Super Antojitos in the past, the addition of live music on an ongoing basis has raised concerns for us and for other residents of Tustin Plaza Apartments. We are concerned that the numbers of people coming to the restaurant in the evening hours for live music will be above the capacity of the restaurant to accommodate them. We expect that increased alcohol consumption for live music nights will result in increased rowdiness an increased level of noise immediately adjacent to complex. The addition of karaoke caused an immediate problem with non-residents parking in the parking lot of our complex, and we still encounter non-resident parking problems on Thursday and Friday nights during karaoke. We have noted, however, that most Super Antojitos customers cooperate and park in the restaurant parking lot, in the few spaces on Hall Circle, and in the parking lots belonging to McDonalds and the dental office adjacent to the restaurant. We fully anticipate that the Planning Commission will approve this conditional use permit for Super Antojitos. However, we would greatly appreciate if the Planning Commission members would possibly impose reasonable conditions on this conditional use permit. Specifically: • limit the hours and days live music would be permitted • monitor the noise levels outside the restaurant at 50 feet from the restaurant to reasonable levels (ca. 60 decibels) • make sure the back door of the restaurant (near restrooms) remains closed at all times to restrict the noise • enforce the limit on the number of people permitted inside the restaurant (may not exceed that permitted by the Orange County Fire Authority capacity limitations for this facility) We have many families with small children that live in our complex. We have a wonderful apartment community and neighborhood and want to keep it safe, clean, and quiet within reason for- all of us. At this time, at least one of us (Bruce Fangmeier) will be attending the planning commission meeting on Tuesday, October 11. Thank you for your consideration, Beverly Goetz and Joseph Cristina Bruce Fangmeier 2 ATTACHMENT E RESOLUTION NO. 4186 RESOLUTION NO. 4186 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2011-17 AUTHORIZING THE PRESENTATION OF LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING RESTAURANT (SUPER ANTOJITOS) LOCATED AT 341 E. 1ST STREET. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit 2011-17, was filed by OCSA, Inc. (Super Antojitos restaurant) requesting authorization to present live entertainment in conjunction with an existing restaurant located at 341 E. 1St Street. B. That the property is zoned First Street Specific Plan (FSSP), Restaurant as a primary use and Commercial as a secondary use; and has a land use designation by the General Plan of Planned Community Commercial/Business which provides for a variety of restaurant, retail, and service commercial uses. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That presentation of live entertainment requires approval of a conditional use permit pursuant to Sections 3232 and 9270b(3)(e) of the Tustin City Code. D. That a public hearing was duly called, noticed, and held for said application on October 11, 2011, by the Planning Commission. F. 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, 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: The restaurant has been operating forms of live entertainment that are exempt from City permitting and no calls for service from surrounding properties have been received. 2. That the hours of live entertainment would be limited from 8:00 a.m. to 12:00 midnight. 3. No noise impacts are anticipated as all live entertainment would be conducted entirely within the building and would be required to comply with the City's Noise Ordinance. Resolution No. 4186 Page 2 4. As .conditioned, Conditional Use Permit 2011-17 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 2011-17 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. 5. The implementationlapplication of the proposed conditions would ensure compatibility of the proposed live entertainment with the surrounding uses and the Tustin City Code. 6. The City of Tustin Redevelopment Agency and Police Department have reviewed and support the proposed use subject to the conditions of approval contained within Resolution No 4186. G. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 2011-17 authorizing the presentation of live entertainment in conjunction with an existing restaurant located at 341 E. 1St 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 11t" day of October, 2011. JEFF R. THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4186 Page 3 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. 4186 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11t" day of October, 2011. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 2011-17 CONDITIONS OF APPROVAL EXHIBIT A RESOLUTION NO. 4186 CONDITIONAL USE PERMIT 2011-17 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 11, 2011, 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 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) 1.3 All conditions in this Exhibit shall be complied with subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 2011-17 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 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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) CALIFORNIA BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4186 CUP 2011-17 (1) 1.7 As a condition of approval of Conditional Use Permit 2011-17, 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 defense of any such action under this condition. (1) 1.8 Conditional Use Permit 2011-17 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with conditions of approval included in this Exhibit, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. USE RESTRICTIONS (1) 2.1 Authorization to provide "Live Entertainment" shall not include Adult Entertainment, sexually oriented business, burlesque shows, and lewd or indecent acts. Sexually oriented businesses shall obtain special permits pursuant to Tustin City Code Section 3900 et seq. (1) 2.2 Operation of live entertainment is contingent upon the use of the premises remaining a restaurant use. Should the use of the premises change from a restaurant use, this conditional use permit shall be null and void. (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. Exhibit A Resolution No. 4186 CUP 2011-17 (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. Doors to the restaurant shall remain closed when live entertainment is being perFormed. (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: (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. Exhibit A Resolution No. 4186 CUP 2011-17 (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 on 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 There shall be an individual assigned during all open business hours in charge of occupancy. This individual 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 be limited between the hours of 8:00 a.m. through 12:00 midnight Monday thru Sunday. Food service shall be available during all hours of live entertainment. (1) 2.22 Persons who appear intoxicated shall not be admitted into the establishment. (1) 2.23 Patrons who appear intoxicated shall not be served any alcoholic beverages. FEES (1) 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.