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HomeMy WebLinkAboutPC RES 4199RESOLUTION NO. 4199 W 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 Mr. Jong Han 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 Irvine 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 Sub-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. D. That a public hearing was duly called, noticed, and held 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: 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. Resolution No. 4199 Page 2 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, office, and restaurant uses 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 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 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 times 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 Works Department, Police Department, and Building Division have reviewed and support the development of the proposed project, as conditioned. 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 2012-07 authorizing the sale of on-site alcoholic beverages in conjunction with a bona fide restaurant located at 1150 Irvine Blvd., subject to the conditions contained within Exhibit A, attached hereto. Resolution No. 4199 Page 3 PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Tustin, held on the 28th day of August, 2012. TEVE (WZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4199 was passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of August, 2012. ELIZABETH 'A. BINSACK Planning Commission Secretary EXAIBIT A RESOLUTION NO. 419• 1.1 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 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 Unless otherwise specified, the conditions contained pin this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 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. (1) 1.4 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) 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 Conditional Use Permit 2012-07 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 2012-07, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION 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) 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 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 the defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City MEMO Council by ordinance. "In (1) 1.9 Approved uses shall operate within all applicable State, County, and the Tustin City Code. Any violations of the regulations of the Department 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 provided for the Tustin City Code. 1.10 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 RESTRICTIONS (1) 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 ABC License (on-site beer and wine 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 No. 419,!' Page 3 (1) 2.2 The applicant shall 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: Monday — Sunday: 1 11:00AM to 112:00AM (Midnight) Sales of alcohol shall be limited to the hours when food is available. (1) 2.4 No off-site sale or consumption of alcohol is authorized, except partially consumed bottles of wine as authorized in Business and Professions Code Section 23396.5. 2.5 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the study indicates that there is inadequate parking, the applicant shall be required to provide immediate 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 (1) 2.6 The menu of the restaurant shall consist of foods that are prepared on the premises. (1) 2.7 Any cocktail lounge or bar area within the restaurant shall function as a food and beverage service bar. (1) 2.8 Any live entertainment provided at the project site shall comply with TCC Section 3231 et seq. regarding Live Entertainment. (1) 2.9 All persons serving alcoholic beverages within a restaurant establishment must be 18 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. (1) 2.10 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 of alcoholic beverages, an audited financial statement shall be provided for review and approval by Exhibit A Resolution No. 4199 Page 4 the Community Development Director as may be required. If the audited financial statement demonstrates that the sale of alcohol exceeds the sale of food, the sale of alcoholic beverages shall cease immediately. (1) 2.11 "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. (1) 2.12 All litter 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. Trash receptacles shall be provided in the outdoor dining area. All litter 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. (1) 2.13 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (1) 2.14 Any public telephones inside and adjacent to the establishment shall be modified to prevent incoming calls. (1) 2.15 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. (1) 2.16 All on-site signs, including permanent and temporary signs/banners, shall comply with the City of Tustin Sign Code. FEES (1) 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 (1,5) 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 documentation for the project. If within such forty-eight (48) hour period the 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.