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HomeMy WebLinkAbout04 CUP 2012-07ITEM 4 AGENDA REPORT MEETING DATE; AUGUST 28, 2012 TO: PLANNING CON Mi7ISSION FROM; COMMUNITY DEVE- LOPNIE 9T DEPA- RTI\ IEi\] T SUBJECT; CO1i\\IDI J IONlL\L USE PE,R�MIT 2012 -07 FOR OIN-SITE ALCOHOLIC BEVERAGE SALES (TYPE -1) AT A NEVAI RESTAURANT I'N AN EXISTING ING TENANT SPACE, AIPPLLICANT JOuNG HA�Nd LEE (a.k.a. LUKLE_. LEE) L2 BUSINESS & DEVELOPMENT, Ij-\\IC. 2655 BURRIER LANE TUS7N, CA 92782 PROPERTY I-OVI ERo TUS T IN HEIGHTS SC LP 1621 -8 SOUTH MELROSE DRIVE VIS T A, CA 92051 LOCA ILDNo 1150 IG Vh\,]E OULEvJARD ;REzQ',LJES7- A REQUEST FOR ON -SITE ALCOHOLIC SEVERAGE SALES (BEER AND WINE) IIN CONJL9NCTIOIX\9 VATH A NEVv RESTAURANT WITHIN AN EX, STING TENANT SPACE LOCATED IN THE TUSTI�II HEIGHTS C5\1TER N_V, I Q N IM TA THIS PROJECT IS CATEGORICALLY EXEMI T PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15301, CLASS 1 « r CUP 2012-07 Page 2 F,R� 'E-CC) !Nl j E IDAT l OC IN. That the Planning Commission adopt ResolLr,(i on No. -/4199, approNJng or4,110- alcoholic bever go sales (Type 41 ) in conjunction %,AJIh a neljAi restaurant business it -an e- ssi:i n 4 ,290 square -foot Mena- nt space. Pursuanit to Tustin Cite Code (TC'C) Section 9232b3, a Conditional Use Permit is req &ed to permit on -site alcoholic bevorage sales in oonjundkn v ith a bona tide restaurant. Further, the proposal includes a request for business hours of Monday through Sunday fTorn 11;00 A.M. to 12,00 A.0 1. (midnight). On May 10, 2011, the Planning Commission established a policy that the Planning Cornrnission be the hearing body 'Tor alcoholic bo- vorago sales involAng buss nosy hours beyond 11;00 P.M. Monday through Thursday sand beyond 1 2.00 A.l\A (rnidnight) Friday through Sunday. L 3 ACK"03R 1-0-)UNDL - The property is located vjthin the Rama fl Commercial (C-1) Zoning Dstrict. The General Plan designation is CommunRy, Cornmemial, �,Aihioh allovs Tor retail, pro a- ssionEl olF ce, and ser-\joe- oriented business acii% /hies. The project site is located in an aAsting l�acant tenant space adjacent to the Cai', R O :recta- urant and �jA4 hin the Tustin Heights Cantor. Site Plan v 6i«811h0U68 I _awv PROJECT SITE $1.6 dd_ v N V Z , INC' A SW P� 3!16112 Potaft Availability PC Report Augusi 28, 2012 CUP 2012 -07 Fags 3 The lrnmedl ate surround ng uses lnckide medical ofifise uses to the north, retail CemMeTClal LlsS Zo Ins South, and Tsstauran��, uses to she east and �jAiest. D 0 a C U 2 I"D(j 1, A Cendllknal Use VPermll appllcatlen tijjas subffltted by Thomas Kira of Advent on behaff of the appkant, Jong flan Lee of L2 Business & Development, lnc. The app leant is proposing to establush a naijAi restaurant use in an existung 4,290 vacan�'l squars -,Toot tenant space. The proposed restaurant is located adjacent to the Cafe Toe restaurant. The nGMjV restaUT,@Dt vmind include a new commercial kitchan, dining area, sushi bar, and restreoms (YAttachment C). The restaurant will o" er an ;Asian fusion menu with 6,Zsms inspired by Korean and Japanese cosine and the proposed alcohol °c beverages wool d include reel and AAjhots vii nes, beer, and sake, As cendliJenad, alcoholic beverage sales AnAl be flm4tad to she hours � ihen food os a��alla�le, ILK l_� 111i E►PLOYEELO-NM T,oposed Floorplan ))AG jNi 1J17 - Nal'AP T INNER KITCHEN KITCHEN/ EMPLOYEE AREA OUTER KITCHEN EMP. RM. RESTROOMS MENB RM. (E) €LEUT, R.R. NOT A PART WOMEN'S RM. c �m . 0 D-;- r. xor1• j DINING WLLL 3 2V-2'V DIN ING AREA v DINING HALL I ENTRY/ WAITING AREA PC Report August 28, 2012 CUP 2012 -07 page '4 �17� r o7�� 0Q- Vv7e_s '&'71z s The proposal is a request to sell beer and wine beverages for on -site consumption in conjunction v ith a restaurant use. In accordance with Tustin City Code, the establishment of on -site sale alcoholic beverages in conjunction with a restaurant requires approval of a Conditional Use Permit and is subject to the City's Alcohol`oc Beverage dales EstabHshment Guidelines �ivhlch provide specific requirements for a bona-fide restaurant use. The proposa9 for restaurant use with alcoholic beverage sales is consistent with other restaurant uses in the Tustin Heights Shopping Center. Grindings to ensure that the proposed use will not be detrimental to the health, safety, morals, comfort, or general 1iAjslfare of the persons residing or worNng in the neighborhood have been provided in GResolution �No, 4199 (Attachment G). Furthermore, conditions of approval have been included to ensure consistency �j�Ath the City's Guidelines and Tustin 'pity Code requirements. /79,v_o),�7i, o s vLuT The applicant has proposed the following 'business hours; Monday — Sunday: 11,00 A.M. to 2e00 P.M. (Lunch) 5;00 PA. to 12 :00 midnight (Dinner), The Current policy regarding business hours for restaurants �i,�Ath alcoholic beverage sales states that the planning Commission ?�jould be the decision making body for requests to stay open past 11 :00 P.M. on �iNjeekdatiys (N� onday — Thursday) and past 12;00 midnight on v�me'kends (Friday — Sunday). Requests for business hours that close earlier may be considered by the Zoning Administrator. The applicant submitted a written statement outlining the reasons and justifications for the proposed business hours (Attachment ©) and are summarized beloA,fv; Asian fusion dining establishments typically have later eak dirnner h)nurs. The g �p p�a�� anticipated start of peak dining is 8;00 P.M. o From a marketing standpoint, providing consistent business hours throughout the week is best. • The tenant space is isolated from residential areas. • Immediate Asian Tusion restaurant competitors Honda Ya (556 El Camino "Real) and Oki Doki (13681 Newport Ave.) have similar bUSiness hours and peak times. The ljiiveekday business hours request is to close only one hour Dauer than ?j��hat the Zoning Administrator can approve. PC ',Report August28, 2012 CUP 2012 -07 Page 5 The tv o existing adjacent T- saZaurant establjshmsnts are Ca` s Rio (11,40 Ir vine hid.) and Lone Star Steakhouse (1222 lr` jne Kid.) and are open until 10;00 P.1M. and 9;30 P.M. on weekdays, raspectively. In addition, the Tustin Lanes botijAAong alley is located across the street and closes a°t 10;D!G P.M. on �)vsekdays; 1;00 A.M. FTrday and Saturday; and 9 :00 P.M. on Sunday. Considering the later dinner peals hours eNperienced by Y\sian fusion restaurants, its location in a shopping center, and distance from residentjal areas, staff anticipates no negative impact resulting Tisrom Alleakday business hours closing at 12;00 midnight. The Tustin Heights Shopping Center proAdes 592 pa.ffng spaces for the 138,000 square- foot retail center. An empirical parking study aivas conducted for the property in January 2003 by Willdan, ?jAiNch concluded that there would be at least 317 parking spaces open at the shopping center during the typical peak demand (; t' lachmens E). Subsequent to the Y'\Tlldan parking analysis, the 7,200 square -foot Flolly�jAmod Video building and the 11,500 square -foot 24 -Hour F; mess facility �j/vere -vacated. Cafe Rio there moved into 103 of the Hollyy? /ood Video building. Using this scenario, the Public Y�Iorks Department 'Engineering Di vision analyzed the potential parks ng impacts of conti/erljng 7,200 square feet of retail service use into a sit -down res`�aurant use (Attachment F). The Engineering D vision concluded that there vjould be a net increase peak demand of forty - five (45 ) parking spaces and given the surplus of 317 parking spaces, the ne�J'] peak demand �jAjould yield 272 parking spaces open and aNizMable at typical peak demand. Therefore, the existing pares\ ng provided is adeguate and no nsgathis impacts to parl,z ng conditions are expected as a result of the proposed project. ENVIRONMENTAL: This project is categorically exempt from further environmental review pursuant to the California Environmental Quality Act (CEC A) Section 15301, Class 1, "E,,dsting G=acjfl'ties" pro�ect. JILNl-1I[TC 1 In determining whether to approve the Conditional Use Permit for the project, the Planning Commission must determine Ajvhether or not the proposed use will 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. A decision to approve this request may be supported by the following findings; I The proposed sale of on -site alcoholic beverages in con(unction lj/�jith restaurant use is allo�yusd �i/ /\jithin the Retail Commercial ('C °1) zoning district Vdth approval of a Cond °otional Use ?ermit. P, Report August 28, 2012 CUP 0 .. 2) As conditioned, the proposed on -site consumption of alcoholic beverages is consistent with the Alcoholic Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the !City Council on May 21, 2001. 3) The restaurant use is consistent with uses in the commercial area where a variety of retail, o Fice, and restaurant uses are located. The proposed hours of operation are limited until 12 :00 A.M. (midnight) Monday through Sunda. The characteristics of the restaurant use and hours of operation of the restaurant would be Similar and compatible to other restaurants in the center and in the vicinity. 4) The restaurant will provide sit -down meals typical of restaurant uses. Bona fide restaurants with on -site alcoholic beverage sales are exempt from distance separation requirements to residenid2l uses, sensitive uses and other alcoholic beverage sales establishments. 5) The on -site consumption of alcoholic beverages would be in conjunction with a restaurant where food will be served at all times when alcoholic beverages are served. 6) The existing parking spaces provided on the property can adequately accommodate the increased panldrg demand generated by the proposed restaurant. 7) The City's Public Works Department, Police Department, and Building Division have reviewed and support the development of the proposed project, as conditioned. Edm nne V. Hutter Elizabeth A. Binsach Associate Planner Director of Community/ Development Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Applicant Business Hours Statement E. 2003 Parking Study conducted by Wilidan F. Engineering Division Memorandum, August 8, 2012 G. Resolution jNlo. 4199 A u TACH FF IM T A U0CA710'M RflA F'oh,4m SHOPP,NG CENTL Udr m �P • a` A � O O O i I Z 2 Oane Blvd. P �337fl O v O O O O ATTACHMENT B LAND USE FACT SHEET L-Aj9D USFE AFFLICA710H Fz�C T S EE 1. LAND USE APPLICATION NUMBER(S): CUP 2012 -07 2. LOCATION: 1150 Irvine Blvd. 3. LOT: 1 BLOCK: 12 TRACT: 361 4. APN(S): 500 - 102 -02 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERLY: CUP 09 -028 6. SURROUNDING LAND USES: NORTH: Commercial SOUTH: Commercial EAST: Residential WEST: Commercial 7. SURROUNDING ZONING DESIGNATION: NORTH: Retail Commercial (C -1) SOUTH: Planned Community Commercial (PC C) and Planned Development EAST: Planned Community Professional (PC PR) and Single Family Residential WEST: Planned Community Commercial (PC -C) 8. SURROUNDING GENERAL PLAN DESIGNATION: FORTH: Community Commercial SOUTH: Community Commercial and High Density Residential EAST: Low Density Residential WEST: Community Commercial 9. SITE LAND USE: EXISTING PROPOSED Use: Commercial Center No Change Zoning: Retail Commercial No Change General Plan: Community Commercial No Cha.. nn e Di- EVELOPME IT FACTS: 10. LOT AREA: 520,542 S.F. 11. BUILDING LOT COVERAGE 12. SITE LANDSCAPING 13. OPEN SPACE: 14. PARKING: 15. BUILDING HEIGHT 16. BUILDING SETBACKS 11.95 ACRES N/A MAX. PERMITTED N/A REQUIRED N/A PROPOSED N/A PROPOSED 1:250 SF REQUIRED 35 feet MAX. PERMITTED REQUIRED PROPOSED Alwaz 0.• .i.i FRONT: 10 feet N/A SIDE: 10 feet N/A REAR: 0 feet N/A 18. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) N/A Forms: Land UseApplicationFactSheet nITADHNI, DIND D DD G NDDDDD PLANS II I rl kill I alai 991H agh 51, , I I I 9 A LU R ... 4 . r, -M !-� 0 �-55 L -R 0 LU CL Lu m Ix co uj NOW Iff LL 15� ui 0 o% ao h L� z z ui C) rl kill I alai 991H agh 51, , I I I 9 A LU R ... 4 . r, -M !-� 0 �-55 L -R 0 LU CL Lu m Ix co uj NOW Iff mp '1 Ua� dOPAS� � � Cs a ssouisn OAl P Z6 N9 vo,uwi II auwI 0EZ6 � � u � U i3 tq ,io.L Rlnee1, — s11eN OAd _ _ MOO g ��� ✓ 4 Z�� 1 1 v�j� n iiZguSUg'g 0c po")=9 asaulg3 GUM, I _ 18009 s 53elailAlt gan6jv tEL POEU JSME 1004 6uiwwuAS S,zlpm�J s Iejue(J s}qC ] up3i� o5aa svd I dg481£ . �� ] L "����1,o ISM }� A S "Ic- zf —1 S ugor e s 13 L �s :;c �I vs � O ` a Id o o �n C o ca o �2, o c� e L so s, L c1 i i 9 r� t O 9 )Uea lseo:) gpcoc3 cn mi ju-owdOPACC2 SSOLHsnq I l'l l vovj,l uOpn sni I pNeu n4 �ti LLJ o u¢1 won S-Z9 :5 cr Li Lj M 17171 M m mm EF H p H -B dl dl H:H El El El 91 rl r1r] r] rl rl El 0 uL4uuuuud Is LLI L) E I �El sni -ouj'juswdOjGA9(] Nj ss-ouisng, ZI 11,1,z,.' .14", olczt T—q O O O CS IT ou O AT7ACH ]ILEN a D, Ali, Edm—sl nne. Por our conversation this morning, here @re the justifioa°tions; 1. Address: 1150 ITYine 8 Jvd,; this address is vjhat the lendloTd has agreed and is in sequence of city address map 2. Susiness Tours; Sun. closing at mjdnight a. The premises location is isolated from residential areas b. Asian fusion cuisine dining experiences fats_ hour patrons e we anticipate bohiusen ;00prn and 8;310pm - A9ould be the stars of the peak. So the late hours are the nature of this type of restaurant to be successful c. Hondaya and 0i�d Doti MEDSta grants e both are Asian fusion type located in Tustin e stay open until 1 :00arn and rnidnigh`k' sveryday, mspsa'Jvely. They experience the sirinilar patrons at similar hours. They are our immed ate competitors. V Is need to staff open sim lar hours to compete and be successful. d. From marketing stand point, it is the best to have the same business hours throughout the week. e. if we're not mistaken, there are other restaurants within °the Tustin city limit who stays open later than midnight 0Ver the weekend. A /Ms are NOT asking for later hours over �jajeekends...we are asking to push she closing just one hour from what the Zoning Administrator could revievAi and approve....., Thanks for your help and considerat7 on, Edmeiynne. l'd appreciate it if you'd confirm receipt of this email, and please feel free to contact me with any further questions. Thomas Advent ARKiitects Thomas K., Architect (949) 943 -4542 thomaskt`a.adventark.com www.AdventARK.com A7 'ACHNIFENiI 0 [PARKING STUDY CONIOUCTIEzD L Y VRLILDAN vZ Serving Public Agencies January 21, 2003 27042 Towne Centre Drive, Suite 270 Foothill Ranch, California 92510 949/470 -8840 fax 949/770 -9041 www.willdan.com R4ra john Dvora F7 77- 7 77 1 V E D Pan Pacific -F�0tafl propafti'ss MAR 10 29 160, 1- 8 5, Ms;o roaa 0dva C 0 M M U N RY 0FI7 It01 FNE07 Vista, A @2100K BY s'V FC f ° TUS `� b"I H- EIGHTS SHOPPING CENTER PARKj1q 3 - TtipY, CITY OUP T USTIN Daar IM T. 'L )/cc)raXo Thia io°.t�ar r- p(CDrt,prasan'ts a parking analysis f,,o tha a',vaflzUa space iooatsd adjacent (,,east sids), to tho '��iohaeYs Arts 8- Crafts store iooattad tiAdlhin the Tus'Un Hreights shopping cantar in the City of Tustin, These, anaiys as are based upon discussiona )/Alilh KY Staff, inforrnu on provided by YOU and Your rap rase MaUves, fio'ioi studies, parking COUT S, anal slandardi rafaranc e matariai° PROJECT DESCRIPTION The proposed project area was prewiousiy ulflizad as an outdoor nursary, %,uhich was a part of a big b'ox tanant° Figure I Mustr,-Tmas the sits plan anal indicates th s iooation of°tho proposed no%,Aj [y�u�Nding area within 1ha, shopping center abfN tivvilh itho Parking areas ,which -,, "fora ocol-A -'dy ° uria �pUop'o e7«Cl AYV I p��v/UU �J �,N/ f'f tiIr .,�I i1��� n_ n n_ � corner Sur anus 's ioca'scc' On ZhB southeast corn`s Tuus'tin Heights shopping oonttar° At iths time of preparing this parting a°tudy, there were no porsp� iM� o�an s for ohs dacantarea, therefore, a varietyof iand uses such as rotaii, ol'flcs, restaurant and rriedl oaVdanlai office �jusTs utilized in the study lo dalerrnino jha parking adequacy under each of 1hoso uses. a X4 Tustin Heigh,?? Shopping Center Marking Study City of 'Rustin ✓J 3 p 10 I 11'a 2 GTTUeA - IZ- 0. �.1 n- W S. t I ,c; — i N N 2� — - fo Lo ol J r j 2� �1 'fie 5 5 v \-vvv, �'vv, o o c� o o ❑ o �/� L __ �. w IN I P Cu-= 7 —X S 1 JIBS C ONDITIONS The sAsi rng uses within the Tustin HeighNs shop pidng antar -wwe vau flail and are Usl-a d in ` 9,b], `7, along with the assocuala d Square foatagras and hours Of opoTa'dor10 As shm"In in Table �, otherthan Zhe proposed expansion area, °�h ere are no vacant sites Mthin true strip portion of tha cents , In addition, all the pad areas located %xithin the center are all occupied, ased ors existing counts atthe Tustin Heights shopping center, them are approxAmately 590 eistin parlsin spaces `to sere tie center, l`t should be noted that t'ere are parCsin spaces available 'nij Gain the area south of the buildings at the west and o` the site- hol Var lhass parking spaces probably- Jjvould not be utilized by cuasZorners of th' proposed project area and therefore were not included in these analysis. CITY PARKIN CC VrcDS The City of Tustin, !Planning Department 1,vas contacted to ©btain the City PanMng Codes for the uses within the ` usNn HaigNs shopping center. ` hs purling code r9quir m ents are sho un belol��o L IJ 1 it S sL r r S\ r -_ (1) Per Narking Study completed for Linda Evans Fitness Center dated May 30, 2000, These rates were applied to each of the tenants v�ithin the Tustin Haig Ns shopping center and 16 e re-suits are provided in fable Se As sho Ain, a total of 748 parMng spaces would be required fortGfe entire shopping center, J ,jhich viould incWa,he proposed expansion area located east of Mchael's Ails 8 Crafts store° As stmisd earlier, the Tustin Heights shopping center currently provides a total of 590 parMng spaces, The paring located adj `Tn 3 L 1092 Leaiie's Pori Marl 6,016 SF MOnday - Saturday 9 :00 AM - 7:00 PM - - -- Sunday: 10:00 AM e 6:00 PM 1096 Barry Chan D.1,S, � � � �- � 9 � �,2�a0 S� I� ��n�r� ®�,�� 1100 Sce lws MaoiboN 3,780 8F Monday - FT day: 9:00 GSM - 6:60 PM - 5a�UTCIEy: 9 :30 AM - 6 :00 ,FM Sunday: Closed 11ng nr. ? © f 1 Shy - , - a , �. A�� donda y e Frlday 9;00 XVI - 5: l5 FIN I Saturday: 9 :00 AM - 1:00 PM Sunday: Closed 1101 Papa Johns P'Eza - -- — =1 065 SF f fio,nday - Thursday: 11:00 AN// a 11 :00 PM Friday I Saturday: 11:00 AM - Midnight _ - -- - -- -- - - Sunday: 11:00 AM - 10:00 PM 1106 Score Learning 1,170 SF Monday c Wednesday: 00 PM , 0 :00 PM Thursday - Friday: 10 :00 AM - 6 :00 PM Saturday: 10:00 AM - 6:00 PM � -- - - — - - -- Sunday: Closed -4- i L-3 —i, �j - T —Z� - a V5 Commercial 5�7/7,,-o 1076 Rnk Pan har Cleaners 1,600 SF Manday - Hiday: 7 :00 AN - 7 :00 PM - - -- - Saturday: 8 :00 ANA e 6 :00 'UPM S"unday: closed Creative ' 'B"BaLAY Supply - -- 1, -426 SF — Tuesday NdEy 10:00 AM - 7:00 PIIM Pro Nails 975 SF 5ahuday A Sunday: 10 :00 IU71 6e00 PM L9nkn0?,,jn ourtyard Travel 1,600 SF Nlonday - Friday: 0:00 AM - 6 :00 G'1jv3- - -- - Salurday: 9:30 ,AM - 0 :00 iPM Sunday: 'Ey AL ppojntn -nt Only 1086 lf-One CNnase Food 1,375 Sr'= a londay - G'��J�y: 11:00 AM - 9:00 PM Sal��fd�y: 11 : -30 AM - 9 :0 PNI i Sunday: Closed 10rya3iJp fer C Jaur 1,00 SF Monday ' Friday: 9:00 ��M 9 :00 PM - y SahiTday: 9 :00 AM - 6 :00 PM Sunday: 11:00 AM - 6 :00 PM 1090 h- ack -NI c 1,676 SF Monday - Thursday: 9 :00 AM 6 :00 PM Friday. 9 :30 AM - 7:00 PR✓1 Saturday: 9:30 AM - 4:00 F,,DlM Sunday: Closed 1092 Leaiie's Pori Marl 6,016 SF MOnday - Saturday 9 :00 AM - 7:00 PM - - -- Sunday: 10:00 AM e 6:00 PM 1096 Barry Chan D.1,S, � � � �- � 9 � �,2�a0 S� I� ��n�r� ®�,�� 1100 Sce lws MaoiboN 3,780 8F Monday - FT day: 9:00 GSM - 6:60 PM - 5a�UTCIEy: 9 :30 AM - 6 :00 ,FM Sunday: Closed 11ng nr. ? © f 1 Shy - , - a , �. A�� donda y e Frlday 9;00 XVI - 5: l5 FIN I Saturday: 9 :00 AM - 1:00 PM Sunday: Closed 1101 Papa Johns P'Eza - -- — =1 065 SF f fio,nday - Thursday: 11:00 AN// a 11 :00 PM Friday I Saturday: 11:00 AM - Midnight _ - -- - -- -- - - Sunday: 11:00 AM - 10:00 PM 1106 Score Learning 1,170 SF Monday c Wednesday: 00 PM , 0 :00 PM Thursday - Friday: 10 :00 AM - 6 :00 PM Saturday: 10:00 AM - 6:00 PM � -- - - — - - -- Sunday: Closed -4- 7 X1`1 7 5 7T a L7 5��i �M� A E I G H J Z 5 [P 1N c c�Fc N7 , zwkine 5sm A 1240 Hoflyvvoad Video 7,200 8F Monday - Sunday: 10,00 AM -9m LoPUas'tar StaeRhouse Sunday - Thur clay: 11:00 A''j\A - 9:30 PJM Friday LO, Saturday 11:00 AM - 10:00 PdV] 6,050 SF 9 9 To%, � [Bovyl 1,300 F Mond: - Saturday: e 11:00 AM o 9:00 PM Sunni ayo UPUknmun 11114 "Rajph's Grocery Store 36,400 SF Oporn 2,�- 'tours Linda p -- - -- - ` I o --- Monday y urs� � hd ,X A ' l - 1'0:00 FON Saturday: Sunday: 7,00 AjAA -5:00 ` Mf, -- 11,92 - Uncla Evans Qiub - 7,550 SF 1202 Longs Drug Store 23,280 SF Monday - Saturday, 7:0 AM - 10,00 -FIM 1212 Michael's Arts 8 Crafts Store 22,354 SF Monday ° Saturday: 9,00 AM c 9 :00 G j',vi _ SI, nday, 10:00 AM ° 7,00 PM 1VacanI,,C\r9a ' L 940 SF UnknmAin OUJ °S0,5 P8,J 1 1240 Hoflyvvoad Video 7,200 8F Monday - Sunday: 10,00 AM -9m LoPUas'tar StaeRhouse Sunday - Thur clay: 11:00 A''j\A - 9:30 PJM Friday LO, Saturday 11:00 AM - 10:00 PdV] 6,050 SF 1240 Hoflyvvoad Video 7,200 8F Monday - Sunday: 10,00 AM -9m TA 0 "L-- 2 Tun' it X 0 . 5 5hr��D'Fppojn �JJf� 1'✓z���lJ ..: SJv _ c- �.�'il'�5 ri7JJ� ,.: _z�,,,,,9�e� ' 9 093 Pink Panther Cleaners 1,50D Sir - 1 12 ®0 SF 8 Spaces - 1075 Cr -a�erj Beauty Supp y 9 I m SF 7 Spaces 10S0 Pro Hauls 75 SF 11200 SF 5 Spaces 1001 C=Z a t T raws 1,300 SF 1 1200 SF - S aces I -- = L- - - - — - -- -- - 9 036 _ I Ii Anus CGuonazm G-cc'i 1,375 SF 20 - 9 6 0 SaNa e Spar-as 10las - -- - li Gma4 Cllps 1OT Hain - -- - -- 1 ��® SF - -- - - 1 1200 SF- 7 Spaces 90 ^0 I'I CGbMc N Go TOM Lasil� 5 (Pcol Marl 11200 �F �� i7 Spa�� 1102 Dr. Louuell Booth, O.D. 1AN SF ��� Q1� 5 SpaWs 111 Papa Johns Piss - (Takeout Only) 9,385 SF �- 1/ 200 SF � '� Sys � 11r� learning 1,1 a ®S e 9 l 200SF 6 Spar, 1202 tongs Drug Store 25,250 S� e �� 1 / 200 SF 115 Spaces 1212 'mhhaol s Sly 22,3 �4 � 1 / 200 SF 112 Spaces - ( - - -- - - - - - - - -��� - 1 d SSats Spam- 1222 D cm-91aP SQam,%hous2 5,050 SF 152 1240 du lly ��� 7,200 SF 1 1200 SF 1aa - - - S,a SF 42 Spaces vw2 Cosa: J� to J� ru 0 <C�Mrs) 90�- - - -- �� Cu�rs�, �. ®.S. 2,20 Q9� � J S��s 1100 Scooters 1105 ����y� ��^� [ 9 X00 SF 2� � ��,a¢s 0 Spaces 1194 1152, 1192 Mailbox SF a I� � I2�0 SF - -_ _ 9� S�a�s 1105 ����y� ��^� [ 9 X00 SF 2� � ��,a¢s 0 Spaces 1194 1152, 1192 i3alp�u °s grocery Store l�ur�r31a Evans Club 8 Spa X5,400 SF 11 „�,�0 SF � a I� 9 6 200 SF �I 3 2 B 1000 SF 1 �2 Spates SS Spa��s NOTE: a h1tiMadcal /Dantal ffic a parking nalb �s appflad to the load square feet of macHcaU �antal ass ?moth buuldng or Ganger. �1 Space per 250 SG for 4ha flTst 4,000 SF of MadiCa1 /Dantal land use wffiNn Ihs comIer and E Spaces per 1,000 SGT h eNcesS of 4,000 SF.) -6- sits which %,�A l be ala'�ad dius 'Io J'Uture 1;Adaning along '�ha ]Pvirne Bou sward and Nla'vllpor� Avenue Overall, 'I'ns sits -vAll pTovida a total of 522 parking spaces. Again pari�in locaecl in `��off�e soppin cen`«er?�as no`t inclu,cec7 inese analyses, Based upon these dada t5ere would be a parsing deficit per Ry Code recluirsmenlso in order�o ds- Ierrninn the actual Hei @Ms shopping canter during a specific time ofiday, parking dernand counts Nuere parforrn,ad by 5ouMan, d, a `�rafflc data collection company. Due to the fact 1hal a lanan°l for the project site has not been idsn`U'fiscl and fhe hog m of operation are unknoNwn, counts were conduc�tsd to cover NVI, iW dclayand 'FN] "drne periodso oun s �s�ere perlofUne on 1�ti�oc�nescla �� � an�� a urc ay (8015002) f rrorn 3.00AMtoZOO PNI and from ,4o00 pM Io 7 M F"M by half The e day and timf a periods ti ,, 'vere cliscussed and agreed upon xidth City Staff. The exis ,Iing paring lot was subdivided into 25 parking areas •7o provide detailed information on where the currant parking demand exis'Iso `U hose subdivided areas are shown on .F-kpQ o I and Ihs count dafa can !b: found in Appanciix A Tob0t Z surnma– rizas the parking count data for each `lire period. As shown in fq,b0Q O, the liueekenc7 peah parking period fw the shopping center on Saturday (6- 15 -02) occurred aI 1 0,00 M %iaji`th 255 parked vahicles @,-nd l to weakday peak parking pcenac, don VAIsdnesday (6- 19 -02) occurred at 8 °00 PM fti�i'Ih 275 psrh: -do vehicles, �,M` ich can be sasily accornrnodated ,with `the 592 parking spaces provided. Due to Ike fact ftt the sfhoppincg can` err is quite large, .a de•lailed e 'xarr ination of Where vehicles wsrs parking was completed] in order to catwrnine available parking 14INn close proArnity to the project sits. Re✓ietis,,j of jF%gu,7c, I indicates that parking areas 17,10 -22, ands 25 of ,would] most likely Utilized] by patrons of the proposed project wxpansion sits, T /oWe WRIdan Tustin HajgWs Shopping Canto -T Parking Study 412946 city of Tustin TAMLE 0 I;AR'CM ill 9 T E�WIA K) ZANI/�-VL75FEB TO All 511 ; low, �- Jh � 11 "`1 m'g- 1nJ� ]�? � I I J ,7V 1 r 17 1 �n22 �1�1� .` t�7��7sn��17V' ��ti��J���, ti��h�Oil %) 5 7 "s' sit - - 76 518 515 42 Spaces 8:00 /,lil 8.30 AV 71 — 123 521 462 L42 Spaces -- - 9:00 AM 9�1 18 3 408 489 4 2 Sp 'a ces 0 °8CJ AN 168 175 4214 � 417 ( 42 Specas 1,0 0c AIN M513 - 186 - I; -886 407 42 Spaces 3N — — 246 179 844 418 2 ac�s 11 c a - Tji 204 - 193 858 892 42 Specas -- - - - - -- 11 3© �i 7 - -, - -- �6 187 -- 876 —' - 141105 - — 2 Spaces 12o��J f��s7 I,� 286 -- 226 -- � 856 666 '� �2 Sp�c�s 12:30 JFM -- q7 225 _ 345 0,57 42 Spaces 1:00 PM 268 222- —800 11 0 _j 42 Spamns 1 °30 PM 2 0 173 — -- X12 - 1 ( X12 Spacass 2o©D PM 247 �l 175 �� 845 - - 141 II u�'-Ms 6.'Zc PM 230 210 862 882 42 Spaces 5:00 PM 252 219 340 378 42 Spaces 5:30 PM �Ii 2,15 _ —_i 262 847 880 42 Spaces 3.00 PM 208 R?70 354 81`7 42 Spaces - - - - - -- 3:30 PM 244 249 348 � 3143 '�- 42 Spaces 7:00 P �� 238 345 854 42 S aces 2-ob) ant represent the ®bsbrved peek parking demand, -a- 4: o D F'Jjl _ l 28 187 868 2 Spaces 6.'Zc PM 230 210 862 882 42 Spaces 5:00 PM 252 219 340 378 42 Spaces 5:30 PM �Ii 2,15 _ —_i 262 847 880 42 Spaces 3.00 PM 208 R?70 354 81`7 42 Spaces - - - - - -- 3:30 PM 244 249 348 � 3143 '�- 42 Spaces 7:00 P �� 238 345 854 42 S aces 2-ob) ant represent the ®bsbrved peek parking demand, -a- documantz 1hs numboPo,l parked vehlcl s obsoFr-,isd in shoso spocific parking aTec-as and ` h y coun,� data can be found in Appsndiix A sho,lin in 70.bhl0 4, the �fA>ca skond and ksjo a k d a y p a 2 k paTkin 7 periods focrthe Sig p a in araa3 stated aboyo �,ve o old servad on Saturday (75- 15 -02) at 5000 PNI 1jv ,Ih 87 p,-erkad rand on YVIadnysd---ay (5- 10 -02) &16:00 PM with 77 parked vehicles, Motal o`i' 175- parking spaces are pro✓ sd �,Iu Nn these six parking arses. The focus of `basis analyssz i °lo docurnon,� she actual parking denand in pro jrnl Vylotha expansion arsa and 'to dsI(Far m n ff 7haTz-, ijus'Iffica °lion forthe CondiVonal Use Perm 02- O28e The p,-aTMncg demand analysis not only accouMad for parking a soda °led tijrvlt h the sAsling uses ti,Mthin ,the Tust n Haights Shopping cantz , but also the parking space c ern @nil f',oT lhS proposed projocl, As prptijiously Mated in the report, thf ore are no perspective tenEntm °fox the project -qRs, lharafors a vae riety of land u a 5 vvNch include rated, ofl=lca, bank, modicaUdon'lai offics- and r slaurant tiv cUe chosan �o be includad in the analysis as potonlial lead u ?�s, aLbla 0 proido rc�uirod pfl�in in °or lionorG� expansion area based upon each potonlial land use, the proposed oxpansi ©n aro-za square footage of 6,9 ,40 squares feel and the City of Tua n's parking code data. An a sumpUon Njuas made, r- girding the restaum ni� land use. that approximals. y 50 seats coLfld be provided, As sho�,Ain in `j c-�)I)lk� 3, °7ho madicaUdsnlal land uss �jAjould gsnzTEta ohs highest parking demand of ,�2 pining sp�css ens �hareforro va 5 utiflzed 1JvRNn °rho analysis as the "proposed 'Ism, ant" for a wom't cars sconarioe Forconvsniencr,-,�, the perking do mend coLMIS VAJOre'IrWISlffled into °' 9! iAlIA, HViNG AVAMBLE SFAL C S ", so ths, romaonincg pzaTMng supply could be compared lo the projected parking dam.-zinde The proposed lenant, under a worst case sconerio, Ajould raquiro 42 parking Willdan Tustin Haig s Shopping Center Parking SNdy 412945 City of Tustin 7/3s_' 1-1E 6 .PARKING DEMAND AFIALY 5,-E- - QLO 5-E ?RQX]-j1j7ff dT/7E 7 3 ��J?�7 � ? G )�J ]'�� 7�u ?7,�?77 �s3ss7 ��J�7J�73 AV A7,,-LOE -L 172 107,'22-3 : - -- - = ✓vejC 1y � u� %]� ,� Jti �7© :c nc I l _Z �O�aJ 8:00 AZq � - -- ��'� 11 70 165 42 Spaces 3:x':9 �ti7 6 13 170 158 42 Spaces 0:00 '12al 12 25 164 161 42 Spaces I _ "30 AU( 30 23 146 143 42 Spaces 10:0 o 'AM j� 51 � 34 126 142 42 Spaces ti - - - 123 -- 122 42 Spaces 2:00 43 64 (- - -� - -- L�2 `30 FNI - 57 - - 51 42 Spaces �1.10 - - —[ -- - -- ! 119 42 Spaces i 1: �l o p C�� 62 46 124 - -- —, - - -- - - — - - - - - P � �� 124 � ° 130 - 42 Spaces 2 -DUE � 69 46 117 131 42 Spaces -- -- -- /,}e0o G'M - - -42 - -- -- 41 1314 - - 135 42 Spaces 19 00 ,Am 43 - - 43 123 123 42 Spaces 11 -30 A►M .I � 44 �- �2 132 124 42 Spaces ti - - - 123 -- 122 42 Spaces 2:00 43 64 (- - -� - -- L�2 `30 FNI - 57 - - 51 42 Spaces �1.10 - - —[ -- - -- ! 119 42 Spaces i 1: �l o p C�� 62 46 124 - -- —, - - -- - - — - - - - - P � �� 124 � ° 130 - 42 Spaces 2 -DUE � 69 46 117 131 42 Spaces -- -- -- /,}e0o G'M 52 - 45 124 131 42 Spaces 4:30 PM 66 43 111 128 42 Spaces 5:00 PM 56 67 121 119 42 Spaces b:`20 'P'M 68 65 108 111 42 Spaces ,500 PM 83 ' ',: [ 93 99 42 Spaces- _ 6:30 PM $i 63 89 ; 113 42 Spaces 7:00 PM 66 102 110 42 Spaces ©� ailed r-�iPnmis represent the observed peak parMng demand. Note: Proposed Building Area would most likely utilize Parking Areas 17, 19, 20, 21, 22 and 26. (See Fopare 1 for Parking Areas.) oI ©_ F R -U rid F ORQ E;DL F R, 9 cif a�Z'torn H -'1Oc h1z 5hOP onp r� J M;���1c f�7 s7���7�����s�7��r1� .. . n , - Ea 5 of Micheai's -1s A Crr, ?Rs, V -s oan,�, Al'ursa Aino's - -- -- - - -- 6,94,0 Si I Spaore Por 200 SG Spaora, s � -0��� �G � - -- - - - -- � Spoor ;?oT�50 SG - - -- —� 28 Spaces R a v r a n, 0 S I Space, Per 3 Seals 17 Spaces (Assumed: 50 Beau) C AA,sdi al /DontQl OFT= 0,240 SUS I Spada `tor 250 SF (Is' 4,000 Sri) Fllus 2 SpQcps and Clinics SpaM5 Par 1,0008F (gin o,�o88 (of 4,00 SF)(2) 40 Soaces 42 Space's J -- - -- - -- — -6 (I) Per J ualin City Cods, Zoning - Ratail COMMeroi--2l DiSlTiot (C -1) (2) J h TA odiooi OaMal Offlicy porkind retio i 5 appiiod Wtho total -9 quara feet ©t f-n �dicaUclentaI use within a buliding or center, Nod,: hem, is currently 3,654 Srs of Dental offioo Lilo vii hin the canlar° The pTOjoo'z is proposing a total of 0,040 S;=° ON he 6,2Q S6- forthe proposed project, I space poT 250 SG' viodd be appiiod to 346 SF and ,,6 spaces per 1,000 SIF7 would be applied to the Fra- Maining 9,594 SF, -11- spaces as indicated in T LbWas 5, Tzble 0, Nivhich pmvideas in`TaTmation on a90 indicates that these 42 oarMng spaces can be adequately SeTved by the 336 remaining Spaces on SETILIr -Clay and 317 avai'lEbla spaces on VAfedmas iay during °the center's peak paring period 5, Based upon the ziza of tha shopping cantor, e more daataila'd analyses -tvas perforrmr sd on the parks ng supply in close pm7, is m6ty°tothe proposed eNpansion area utilizing pail %ino areas l 7, I S -22 and 25. Similar to llha overall parking analyses, the detailed analysis translated the parking demand counts into "P'?FEYA/ I1W, \IhVG7 119AI AIB.LE S,19 C S "swtho TZ rMairning Parking supply in these six parking areas coy -jid be c ornpared to the projacted parking depend. As sho11 n in 59 9 Zha 42 parking space der and for the proposed expansion area can ibe adsquateiy served by the 89 TSMaining Spaces on SEIUT lay and 99 availaNss spaces on VVednosday dLI ing the ccnter's peals parking poriodse Parking for the proposed expansion area located east of the ]Michael's Art and cCna t store A✓ithin the `j us,,tin Heights shopping center in this City, ou' If ustin was analyzed on °.two levels one based upon City Cole and tl-e other'based upon ackial demand. Uti'flzin� the City's Parking Code, there vvN✓ould be a parking deficit and anditional Use Flermit 02 -028 would a cldrese the reduction of off—street parking requimrnen °ts through approval of a shared parking analysis. Information based upon cluTrent°l ai d studies and projected parking dernands fora proposed tenant with a "QAJorSft Case" land Use assu mption indicates that there valould be a minimum parking surplus of 317 parking spaces, after the entire shopping center tiJa✓as oarkode Analyzing the parking vvithin close proximity to the expansion area ti ✓it in tie center, �tili�in parking areas 17,19-22 and 25 indicated °that there tijouid be a parking SUTPIUS of 89 parking spaces, -Waffdan Tustin Heights ShOPPing Center FanWnp :Study � � -12- City of Tustin This stilly lndfice'las thalthars- f "YOUd be are adeg pats paTk Mg supply vv hjn °lhs Tuslon Hss g is shopping corgi °for �«o suppoTZ As ing .uses and the proposed 5,940 SU`� oxpansoone Sys �s �jvjII b of as5o lanca lko you an cJ °the Zy of Tuslh If yoc a have, any quwUon-9 or require addKiona0 lnforrna° lon, plceass cof�,Ia l us. °ospoo`slully subrnitsd, WMIL,2.D/1IN Re Soot �% MIMn, Re &q'Iorod Slake of cal RSQ; Roo Rrofti s0ona� En &,asr 6forNa Number 048774 H ash -r IN ix Assoc,, Engons,or /Senb Planner 400dam Tustin h- laights Shopping Canter Parking S udy 412945 City of Tustin ApFEfJllD0N F [MDIND E Dli I G DW1 D�,o 9 hrlC6 i�Dh A L P \,]FL M, AU7DM5 T 0, 2,o 1 - �n`�8T- QOM 5 ATE. Al -0 U ST 8, 20 12 70 C ip �,-J J77S![R, A S 0CC ATFE F SULSJ MY. [PR OPO S SS G�G�s, U CASUAL 1 S T � ;O AT 12 &33c BC)ULIE"VA1�D WITHIN HLE TUPS ;f U\1 KIEI5IF'7S SHOppUNCO Pursuant to your request, the Engineering Division has estimated impacts of parking for the proposed Kaku Casual Bistro which is proposed to occupy the vacant two thirds of the former Hollywood `video building at 1240 Irvine Boulevard within the Tustin !sleights Shopping Center. Caf6 'Rio currently occupies one third of the building. The applicant is proposing tenant improvements for a 4000 sf sit -down restaurant that would serve .beer and wine. A parking analysis at the shopping center by Willdan dated January 21, 2003 serves as a (basis For this review. This analysis was performed for a 5,940 sf space which became South Coast Dance Studio adjacent to Michaels. The analysis was performed when the shopping center, including the Hollywood Video building, was fully occupied except for the dance studio site. VIith additional occupancy of the dance studio site, the analysis estimated a surplus of 317 parking spaces within the 592 space shopping center. Subsequent to the Willdan analysis, the 7200 sf Hollywood Video building and the 11,550 sf 24 Hour Fitness `Facility were vacated, with Cafe Rio moving into one third of the Hollywood Video building, The -following analysis gives an estimate of the net parking demand resulting from changes in use of the Hollywood Video building and the 24 �rlour Fitness facility. For Purposes of this parking analysis, Caf6 Rio and Kaku Bistro have been combined as one occupant of the 'Former Hollywood Video building since their uses have similar parking demand. In reviewing the parking rates listed in the l f E Parking Generation Manual, Fourth Edition, the classification of "'High- Tuurnovea, (Sit -Down) Restaurant" appears to be the appropriate land use application for (both Caf6 Rio and Kak u Bistro. The following net parking demand is a result of this analysis: Reduction in ,parking demand with Hollywood Video vacancy: 7200 sf X 2.41 spaces91000 sf = 18 spaces Reduction in parking demand with 24 Hour Fitness vacancy: 11,550 sf / 2.89 spaces /1000 sf = 04 spaces SATerryTevelopment Review\2012 \Proposed 4 AKU Casual Cuisine at old Hollywood Video.docx Increase in parking demand with Cafe Ric -and Kaku Bistro occupancy: 7200 sf X 13.5 spaces/1000 sf -- 97 spaces N9et increase in parking demand e 45 spaces. Therefore, in reference 'to 'the 317 surpius Spaces Identified in 'the Wiiidan analysis, the net increase in parking demand resulting from the vacant 24 Hour Fitness facility and the combined Cafe Ric and Kaku Bistro restaurants would yield a surpius of 272 spaces in the Tustin Heights Shopping Center. Thank you 'For the opportunity to review and comment on this proposed project. If you have any questions, please contact rye. C: Dana Rasden, Engineering Services Manager Eric Johnson, Associate Engineer Katy 'Lee, Assistant Engineer S: \Terry \development Review\201 2\Pro posed KAKU Casual Cuisine at old Hollywood Video.docxPage 2 of 2 AYT,AC'r-M iE-t\,9T G CE80LUT10�9 N0. 61 E) BE RESOLUTION NO. 4199 A RESOLUTION OF THE PLAN COMMISSION OF TFHE CITY OF TUSTIN, APP OW\\IG CONDITIONAL USE PERMIT 2012 -07 FOR OBI -SITE ALCOHOLIC BEVERAGE SALES IN CONJUNCTION WITH I A SOI\lA FIDE RESTAURANT USE LOCATED AT 1150 IRVINE BOULEVARD IN THE TUSTIN HEIGHTS CENTER. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 2012 -07 was filed by MT. Jong Ilan Lee of L2 Business & Development, Inc., requesting authorization for on -site alcoholic beverage sales for beer and wine (ABC License Type 41) in conjunction with a bona fide restaurant located in an existing 4,290 square -foot tenant space at 1150 ITv, ins Blvd. B. That the site is designated as Community Commercial by the City General Plan and is within the Retail Commercial (C -1) zoning district where restaurants with alcoholic beverage sales establishments are conditionally permitted. The project is consistent with the Air Quality Saab- element of the City of Tustin General Plan. C. That pursuant to Sections 9299b3 and 9291 a of the Tustin City Code, the Planning Commission has the authority to consider requests for on -site alcoholic beverage sales licenses for restaurants. U. That a public hearing was duly called, noticed, and hell for Conditional Use Permit 2012 -07 on August 28, 2012, by the planning Commission. F. That the use is located in an existing commercial area where a variety of retail and restaurant uses are located. The characteristics of the use and proposed hours of operation until midnight daily would be similar and compatible to other restaurants in the vicinity. G. 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 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 in that: 1. The proposed sale of on -site alcoholic beverages in conjunction with restaurant use is allowed within the Retail Commercial (C -1) zoning district with approval of a Conditional Use Permit. 6Resdution No. 4199 Page 2 2. As conditioned, the proposed on -side consumption of alcoholic beverages is consistent with the Alcoholic Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001. 3. The restaurant use is consistent with uses in the commercial area where a variety of retail, office, and restaurant 'rises are located. The proposed hours of operation are limited until 12:00 A.M. (midnight) Monday through Sunday. The characteristics of the restaurant use and hours of operation of the restaurant would be similar and compatible to other restaurants in the center and in she vicinity. 4. The restaurant �M l provide sit -down meals typical of restaurant uses. Bona fide restaurants with on -site alcoholic beverage sales are exempt from distance separation requirements to residential uses, sensitive uses and other alcoholic beverage sales establishments. 5. The on -site consumption of alcoholic beverages would be in conjunction with a restaurant where food will be served at all limes when alcoholic beverages are served. 6, The existing parking spaces provided on the property can adequately accommodate the increased parking demand generated by the proposed restaurant. 7. The City's Public "Norks Department, (Police Department, and Building Division have reviewed and support the development of she proposed project, as conditioned. G. This project is Categorically Exempt pursuant to Section 1 5301 (Class 1) of the California Code of Regulations (Guidelines for the California [environmental Quality Act). il. The planning Commission hereby approves CondiilJonal Use Permit 2012 -37 authorizing the sale of on -site alcoholic beverages in conjunction with a bona fide restauran! located at 11050 Irvine lvd., subject to the conditions contained within Exhibit A, attached hereto. Resdution No. 4199 Page 3 PASSED AND ADOPTED at a regular meeting of -the Planning Commission of the City of Tustin, hell on the 28th day of August, 2012. ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF T'U T IN Y, Elizabeth A. Binsaek, the undersigned, hereby eerffy that I am the Planning Commission Secretary of the City of Tustin, Cali omia; that Resolution No. 4199 was passed and adopted at a regular meeting of the Tustin Manning Commission, held) on the 28th day of August, 2012. ELIZABETH A. BINSACK Planning Commission Secretary E 1iE0T U E S LU710[M 1`10 d 22 CON-01`I1ONWAL LJOE IPERi -VI a 2012 -07 COINDF 00 95 01' Z'\pPRIOV AL GENERAL M The proposed project shall substantially conform with the submitted plans for the project date stamped August 28, 2012, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this E- x!hibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with prcvisions of the Tustin !pity Code. 7 j 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. 1.3 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. 7 04 Approval of Conditional Use Permit 2012 -07 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. 1.11-5 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). 11 o- Cond t anal Use Permit -2012 -0-7 may be reviewed on an anneal basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compiiance with conditions of approval. If the use is not operated in accordance with Conditional Use (Permit 2012 -0`/, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or _SOURCE CODES �1) S u AN DARD CONDD 11OO N J RES'PONSME AGENCY �R) CEIQA M171On T D 0 N �6) t=Aj\\9'DSCAG° NG ODUID E LIhI ES Q3) JMFOFFU [SUILD0NG CODE-IS �7) °CICC pOUCY Exhibit A Resolution No. 4199 Page 2 neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate ,proceedings to revoke the Conditional Use Permit. �) 1.7 As a condition of approval of Conditional Use Permit 2012 -07, 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 ;Manning Commission, or any other decision - making body, including staff, concerning this project. The City agrees to promptly notilfy the appllcant 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 the defense of any such action under this condition. I . EEC The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's flees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. 1.9 Approved uses shall operate within all applicable Mate, County, and the Tustin City Cole. Any violations of the regulations of the DepaTtment of Alcoholic [beverage Control as they pertain to the subject location, or of the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject Conditional Use Permit, as p rovided for the Tustin City Code. 1.100 Rooftop equipment shall be fully screened from view from public streets and shall be accomplished by increasing the building ;parapet height, consistent and compatible with the adjacent tenant space. USE PIZE TRIO TlONS 71) 2.1 The authorization to serve alcoholic beverages on -site is subject to the use remaining as a restaurant. Any change to the use shall require review and approval by the Community Development Director. This approval authorizes a `type 41 ADC license (on -site beer and Koine sales) in conjunction with a bona fide public eating place. Any changes and /or upgrades to the ABC License shall be reviewed and approved by the Community Development Director. Exhibit A Resolution Rio. 4199 Page 3 12 The applicant sell obtain the appropriate license from the State Department of Alcoholic 'Beverage Control For the type of alcoholic sales authorized for the site (Type 41). A copy shall be provided to the City prior to operating the alcoholic sales. 1 2.3 Business hours are limited to the following: 1(onday — nundzy� it it o0 C AM to 12.00A'M (Midnight) Sales of alcohol shall be Iimited to the hours when food is available. Modifications 'to the hogs of operation may be approved by the Community Development Director if it is determined that no impacts to the surrounding tenants or properties will occur. Z,A No off -site sale or consumption of alcohol is authorized, except partially consumed bottles of wine as authorized in Business and Professions Code Section 23393.5. 2.0- If in the future the City detarmines that a parking problem exists on the site or in the vicinity as a result of the proposed project, the !Community Development Drector may require the applicant to prepare a parking demand analysis and bear all associated costs. If the study indicates that there is inadequate park ng, the applicant shall be required to provide irnmediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. The mitigation measures may include: • Adjust hours of operation • Reduce the number of seats • Provide additional parking spaces Q�1 2.9- The menu of the restaurant shall consist of foods that are prepared on the premises. l M Any cocktail lounge or bar area within the restaurant shall function as a food and beverage service bar. �) ,U n. Any five entertainment provided at the project site shall comply with `ACC Section 3231 at seq. regarding Live Entertainment. tag All persons serving alcoholic beverages within a restaurant establishment must be 13 years of age or older and supervised by someone 21 years of age or older. The supervisor shall be present in the same area as point of sale. Exhibit A Resolution No. 4199 Page 4 Q� `?off 3 The gross annual sales receipts shall be provided to the Community Development Department upon request. To verify that the gross annual sale of food exceeds the gross annual sales, an audited financial statement shall be provided for review and approval by the Community Development Director. If the audited financial statement demonstrates that the sale of alcohol exceeds the sale of food, the sale of alcoholic beverages shall cease immediately. 11 "No Loitering" signs shall be placed near the entrance on the outside of the premises or in other specified locations where alcoholic beverages are sold. 2.12 All litter shall be removed from the exterior areas around the premises including public sidewalk areas and parking areas, no Mess frequently than once each day that the business is open. gash receptacles shall be provided in the outdoor dining area. All Inter shall be removed from the exterior areas around the premises including public sidewalk areas and parking areas, no less frequently than once each day that the business is open. 2.13 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. 10) 2.16, Any public `telephones inside and adjacent to the establishment shall be modified to prevent incoming calls. 2.1'D Business operations 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. 2,16 All on -site signs, including permanent and temporary signs /[banners, shall comply with the City of Tustin Sign Code. F Ez E 8 Q11 3.1 Prior to issuance of any ;permits, payment shall be made of all applicable fees, including but not limited to, the following; • Building and Planning plan check and permit fees ® Orange County Fire Authority fees Orange County Sanitation 'District fees �1, -3) 3�2 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 Exhibit A Resolution No. 4199 Page 5 documentation for the project. If within such Forty -eight (48) hoer period the applicant has not delivered to the Community Development Department the above -noted check, the statute of Fmitations for any interested party to challenge the environmental determination ender the provisions of the CaH ornia 'Environmental Quality Acct could be sign i icantt y lengthened.