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HomeMy WebLinkAboutPC RES 4186RESOLUTION 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. 1 sT 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 fora 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: 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. 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 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. 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. THOMPSOI~I 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 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. Aself-closing door shall be installed, maintained, and used. (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 casts. 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 grass 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. Exhibit A Resolution No. 4186 CUP 2011-17 (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 There shall be an individual assigned during all open business hours in charge of occupancy and parking. This individual shall assure the occupancy limits established by the City of Tustin are within compliance and that patron parking for the restaurant does not spillover onto adjacent properties. (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. (1) 2.24 The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual addressing at a minimum the following items: i. Handling obviously intoxicated persons; ii. Establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; iii. Handling patrons involved in fighting or arguing; iv. Handling loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the owner; v. Verifying age/checking identification of patrons; vi. Warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; and vii. Calling the police regarding observed or reported criminal activity. Exhibit A Resolution No. 4186 GUP 2011-17 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.