Loading...
HomeMy WebLinkAbout01 C.U.P. 98-029 04-05-99AGENDA ..... , , .o., · ~"-'-~"~'..-. ~ ,, ....... 4-5-99 Intor-Gom DATE: APRIL 5, 1999 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT APPEAL OF CONDITIONAL USE PERMIT 98-029 SUMMARY: The applicant is requesting authorization to establish on-site sale attd consumption of beer, wine and distilled spirits (ABC license Type "47") in conjunction with a new restaurant located at 14131 Red Hill Avenue. Alcoholic beverage sales establishments are permitted itt association with a restaurant use sUbject to the approval of a conditional use permit. On March 8, 1999, the Planning Commission apprOved CUP98-029. ~ On March 15, 1999, the City Council appealed the Planning Commission's decision on the Conditional Use Permit. ~4pplicant: Larry Smith, Red Hill Restaurant, Inc. Owner: Zachary Pedicini RECOMMENDATION Pleasure of the City Council. FISCAL IMPACT The applicant has paid application fees associated with the processing of the conditional use permit. BACKGROUND Project Description The applicant is requesting authorization to establish the on-site sale and consumption of beer, wine and distilled spirits (ABC license Type "47")in conjunction with a new restaurant located at 14131 Red Hill Avenue (see Location Map- Attachment 1). Alcoholic beverage sales establishments are permitted in association with a restaurant use subject to the approval of a conditional use permit. The applicant does not propose any outdoor seating. The applicant proposes to start a new restaurant business at the location of a previous restaurant (Chuck's Steakhouse). The previous restaurant sold alcoholic beverages for on-site consumption within a cocktail lounge. The previous tenant vacated the premises several years ago and since then one other restaurant occupied the premises for a short time. The tri-level building is approximately 5,000 square feet and located within the commercial center on the southwest comer of Red Hill Avenue and Nisson Road. City Council Report Appeal of CUP 98-029 April 5, 1999 Page 2 Surrounding Properties and Uses Surrounding uses include a Stater Brothers grocery store surrounded by a variety of service/retail type businesses. Three restaurants also exist within the commercial center. The restaurants and service/retail businesses have operating hours until 10:00 p.m. The grocery store is open until 11:00 p.m. The surrounding neighborhood includes two apartment complexes directly northwest of the commercial center and one directly southeast of the commercial center, across Red Hill Avenue. DISCUSSION The applicant's original proposal, considered by the Planning Commission on February 8, February 22; and March 8, 1999, included the following operations (see Site Plan/Floor Plan - Attachment 2): ¢' A 150 seat restaurant; v' A 748 square foot dining room with approximately 48 seats located on the main floor. A cocktail/oyster bar, two billiard/tables, and five coin operated video games are also proposed to be located in this main floor dining room. A 750 square foot dining room with approximately 48 seats, located on the upper floor. This upper dining room may close earlier than the cocktail lounge; v' A 645 square foot cocktail lounge with 12 bar seats and approximately 32 lounge seats, located on the lower level, several steps down from the main floor. The cocktail lounge may not be open during all business hours (i.e. lunch); cocktail/oyster bar in the main floor dining room with 4 bar seats; Five coin operated video games in the main floor dining room; Two billiard/pool tables in the main floor dining room; Live entertainment and public dancing within the cocktail lounge; Hours of operation from 11:00 a.m. to 2:00 a.m. seven days a week. The restaurant is Proposed to close at 1:00 a.m. City Council Report Appeal of CUP 98-029 April 5, 1999 Page 3 Alcoholic Beverage Sales Regulations and Guidelines During the review process, the project was evaluated for conformance with the City's Alcohol Beverage Sales Establishment Guidelines (Attachment 3) and the applicable Zoning Code regulations. Issues that are relevant to the applicant's proposal are discussed below. Attachment 4 summarizes issues with the applicant's proposal, staff' recommendations, and Planning Commission's actions. The Planning Commission Staff Reports and ResolutiOn No. 3655 are attached as Attachments 5 and 6. 1. Location: The applicant proposes to sell beer, wine and distilled spirits for on-site consumption. The on-site consumption of alcoholic beverages is intended to be in conjunction with eating a meal on the premises. A restaurant establishment with on-site sale of alcoholic beverages is not subject to any distance requirements from surrounding sensitive uses. However, on-site sale establishments not in conjunction with a restaurant are subject to the following distance requirements, required by Section 9233c(v) of the Tustin City Code: · 1,000 feet from any'residentially zoned or used property; · 1,000 feet from any other existing on-site sale establishment except for a restaurant establishment or off-site sales establishment; and, 1,000 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. Staff determined that the two proposed cocktail bars located on'the main floor dining room and the cocktail lounge would constitute a 'lounge in the majority of the facility (i.e., approximately two-thirds of the total square footage of the restaUrant), particularly if the upper dining room is closed and the two billiard/pool tables and five coin operated video games occupy a majority of the main floor dining area. This would render the primary use of the establishment a cocktail lounge and not a restaurant. The establishment would then be subject to the distance requirements as stated above and would not meet the distance requirements since it is located less than 1,000 feet from a residentially zoned property. The Planning Commission concurred with staff's determination and adopted Condition Nos. 1.8 and 2.13 to require the applicant to submit an annual financial statement and schedules identifying gross sales of food and alcohol in order to ensure that the primary use of the establishment remains a restaurant. The gross receipts of the food sales must surpass the gross receipts of the alC°hol sales to. maintain a restaurant status. In addition, the Planning Commission adopted Condition 2.14 to require that all three. levels of the facility operate exclusively as a restaurant. City Council Report Appeal of CUP 98-029 April 5, 1999 Page 4 , , o o Hours of Operation: The applicant's proposed business hours are 11:00 a.m. to 2:00 a.m. Staff recommended that the restaurant's hours be consistent with the business hours of the uses within the commercial center, which cease at 11:00 p.m. The proposed hours of operation are more common for cocktail bars and nightclubs than restaurants primarily serving lunch and dinner. Staff recommended that business hours be limited to 11:00 p.m., Sunday through Thursday and 12:00 a.m. on Friday and Saturday. The Planning Commission concurred with staff's recommendation and added that no patrons be admitted after closing hours and that all patrons must vacate the premises within 30 minutes after closing hours. Restaurant Operations: Staff recommended that Conditions Nos. 2.15 and 2.16 be adopted to prevent loitering and ensure that all litter is removed from the exterior area around the premises at least once a day. The Planning Commission concurred with the recommendation. The Planning Commission was also concerned about the existing condition of the trash enclosure, landscaping and monument sign and adopted Condition Nos. 3.4, 3.5, and 3.6 requiring' improvements in these areas. Servinq Alcohol: Staff recommended that a condition be included to require alcoholic beverages to be served only in conjunction with food service and to require all persons serving beer and wine to be eighteen (18) years of age or older and supervised by someone twenty-one (21) years of age or older, consistent with the Alcoholic Beverage Sales Establishment Guidelines. The Planning Commission concurred with this recommendation and adopted Condition Nos. 2.6 and 2.3. The Planning Commission also adopted Condition Nos. 1.4 and 2.1 limiting off-site consumption with the exception partially consumed bottles of wine as authorized by Section 23396.5 of the Business and Professions Code. Billiard/Pool Tables & Coin operated Games: The applicant proposed that five (5) coin operated games and two (2) billiard/pool tables be located in the 748 square foot main floor dining room. The guidelines recommend applying a condition to prohibit pool tables or coin operated games in conjunction with a restaurant serving alcoholic beverages. Staff determined that there are no unique circumstances regarding this application that would support findings to deviate from the guidelines. The Planning Commission adopted Condition Nos. 1.11 and 2.10 to allow the coin operated games and billiard/pool tables for a six-month period. During this period, the Planning Commission intends to re-evaluate the appropriateness of the guidelines and consider appropriate City Council Report Appeal of CUP 98-029 April 5, 1999 Page 5 , . , to re-evaluate the appropriateness of the guidelines and consider appropriate amendments. If the guidelines are not amended to allow coin operated games and billiard/pool tables, these amenities shall be removed from the premises. Bar Seating: The applicant proposal includes twelve (12) bar seats adjacent to the cocktail bar within the cocktail lounge and four (4) bar seats within the main level dining room. The guidelines recommend applying a condition to prohibit 'bar' type seating in conjunction with a restaurant with alcoholic beverage sales. Staff suggested that the proposed 'bar' seating would be appropriate since patrons sitting in this area would be served in the same manner as those seated at the standard tables and chairs. Patrons seated at the bar or the lounge tables would have the ability to order any food items offered on the menu. However, there are no unique circumstances regarding this application that would support findings to deviate from the guidelines. The Planning Commission adopted Condition No's. 1.11, 2.10 and 2.13 to allow the bar seats for a six-month period while the guidelines are re- evaluated. If the guidelines are not amended to allow bar seating, the bar seating Shall be removed. Live Entertainment / Public Dancinq The applicant proposed to offer live musical entertainment and public dancing in an approximately 200 square foot area inside the restaurant within the cocktail lounge. Tustin City Code Sections 3212 and 3222 require that the applicant apply and obtain approval of a Public Dancing Permit and a Entertainment Permit from the Community Development Director to conduct live entertainment and dancing. Prior to issuance of these permits,, the Community Development Director would evaluate the proposed operations and investigate the applicant's background. If the permit is issued, the Community Development Director has the authority to revoke the permit if the applicant does not comply with permit provisions. The Planning Commission adopted Condition No. 2.11 to require the applicant to obtain Public Dancing .and Entertainment Permits and Condition No. 2.8 to prohibit live entertainment and public dancing outside of the restaurant and to prohibit sexually oriented businesses anywhere on the premises. Number of Proposed Seats & Parkinq The applicant's proposal for a 150-seat restaurant requires 50 parking spaces. A parking summary provided by the applicant indicates that there are 311 parking spaces within the commercial center. The reciprocal parking agreement for the center allows shared parking among all the commercial center tenants. Not including the proposed restaurant, the existing uses within the commercial center require 241 parking spaces, leaving a surplus of 20 parking spaces within the City Council Report Appeal of CUP 98-029 April 5, 1999 Page 6 center. Staff recommended that any increase in seats would require the submittal of a parking summary for the center to be submitted and approved by the Community Development Department. The Planning Commission concurred with staff's recommendation and adopted Condition No. 2.7. CITY COUNCIL ALTERNATIVES The following options are available to the City Council: . Uphold the Planning Commission's decision and direct Staff to prepare a resolution of approval, including any additional conditions as deemed appropriate; or, 2: Direct staff to prepare a resolution of denial. hzabeth A. B~nsack, Director, Community Development Attachments: . 2. 3. 4. 5. o Location Map Site Plan and Floor Plans Alcoholic Beverage Sales Establishment Guidelines Summary of Issues table Planning Commission Staff Reports and Minutes, February 8, FebruarY.22, and March 8, 1999. Planning Commission Resolution No. 3655 LL:Cup98029ccreport.doc LOCAT! 14,01 i I 141D2 · o. J L.~ j14122 I : I FRON TIER PARK o 14241 '1~ 11'C H.I~ L..L.. 14081 14141 14143 I ,4211 . : 14215 : '1 I . NO SCALE ATTACHMENT NO. 2 SITE PLAN AND FLOOR PLANS . ! ~ '~ '"" ""'"~ LARRY W. GIBSON RED HILL RESTAURANT .4rcl~,tect ~: Asso~tes 141~1 R~ ~ A~N~ ~7~ [. [~PR~ ~ ~U. ~ 02~7 ;m. ~r~ (714) 6~-12n, F~ (714) ~2~ RED HILL RESTAURANT LARRY W. GIBSON Architect ~c Associates 141&l RED HIlL &YEHU£ ~575 [. E~[R~ ~ ~lN, ~F~ A~HEIM, ~r~N~ 92M7 (714) ~2-t2~, F~ (7t4) 632-0~7 ~ ~ ,,~ LARRY W. GIBSON RED HILL RESTAURANT .4rcl~itect ~: ~ssoc~tes 14131 R£D HILL A~N~ ~73 [. (~ ~ ~HDM, ~ ~, ~r~ (714) 632-1~. r~ (714) ATTACHMENT NO. 3 ALCOHOLIC BEVERAGE SALES GUIDELINES · ' ! RESOLUTION NO. 3366 6 I. 7 8 9 10 11 .. 12 13 15 16 17 18 19 2O 21 22 23 24 25 26 28 2 A RESOLUTION .OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING POLICY GUIDELINES TO BE 3 FOLLOWED FOR.CONSIDERATION OF ALCOHOLIC BEVERAGE SALES ESTABLISHMENT APPLICATIONS. 4 The Planning Commission of the City of ~ustin does hereby resolve 5 as follows: The Planning Commission finds and determines as. follows: A. 'That'certainguidelines ~hall be considered by Community DeveloPment staff and the planning Commission when considering ·ConditionaI. Use Permit applications for alcoholic beverage sales establishments. B. That'certain standard conditions shall be required on'on- site alcoholic beverage sales establishments in conjunction with a restaurant use as follows: o All alcoholic beverages shall be consumed on site. o Authorization for on-site sales of beer and wine/liquor ·sales is contingent upon the use of the subject site remaining a restaurant. At such time. the restaurant use is discontinued the use permit becOmes null and vOid. -_ o All persons serving alcoholic beverages must be eighteen years of age or' older and supervised by someone twenty-one years of age or older. Supervisor shall be present in same area as point of sale. o Hours of operation are limited to the hours of a.m. to p.m. (hours are identified depending on the type of operation) Food must be served, durin~'"these hours. o The menu of the restaurant shall consist of foods that are prepared on the premises. o No outdoor seating is allowed.at this location. o No 'bar' type seating is allowed. o There ·shall be no pool tables or coin operated games on the premises at any time. C. That certain standard conditions shall be required of off-site Sales.establishments as follows: o Authorization for off-site' sales of beer and wine/liquor is contingent upon the use at the subject site remaining as (specific use is identified here). Should this use. change or be discontinued, authorization for this use permit is null and void. o All persons selling alcoholic beverages shall be twenty-one years of age or older. 10 11 12 13 15 16 17 18 20 21 22 23 24 25 26 28 Resolution No. 3366 Page 2 De O' Hours of operation are limited to the hours of _____ to (hours are identified dependi-~g on the type of operation). "No Loitering,, signs shall be posted at the entrance of the business or 'other specified .location(s). No pool t~bles or coin operated ~games are allowed at this location. No. alcoholic beverages shall be consumed on any property adjacent to the licensed .premises under the control of the applicant. Refrigerated single-serving beverage containers shall be located in an enclosed refrigeration unit no less than ten (10) feet from the-point of sale and a minimum of five (5) feet from the store entrance' No display, sale or distribution of beer or wine, wine coolers' or.similar alcoholic beverages shall be made from an ice tub, barrel or similar container. No sales or distribution .of alcoholic beverages shall be made from a drive-up or walk-up Window. 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 the business is open. For establishments selling alcoholic beverages a°nd gasoline, no signs advertising alcoholic beverages may be visible from the exterior of the building or on gasoline pumps or islands. Public telephones inside and adjacent to the establishment shall be modified to prevent-in- coming calls. That certain standard conditions .shall be required of on- site sales establishments as follows: Ail persons serving alcoholic beverages shall be twenty-one years of age or'older. "No Loitering, signs shall'be posted at the entrace of the business or other specified location(s). No pool tables or coin operated, games are allowed at this location' No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the applicant. All litter shall be removed from the exterior area around the premises including adjacent pUblic sidewalk areas and parking areas no less frequently than once each day that the business is open. Resolution No. 3366 Page 3 E o Public telephones inside and ' adjacent to the establishment shall be modified to prevent in- coming calls.. That each Conditional Use Permit 'application fOr an alcoholic beverage sales establishment shall be reviewed, based upon location and type of such establishment' and consideration of the following guidelines: A determination that. hours of 'operation requested are appropriate for the use proposed and consideration given to the proposed uses relation to: 10 11 12 13 14 i o o Residential areas; P~otected uses, such as Places.of worship,.parks, schools, hospitals, clinics, convalescent homes. Other similar uses; selling or se.tying alcohol; The applicant shall sign and return an Agreement to Conditions Imposed form which states that the applicant agrees to all conditions imposed, the conditions shall be included on the State issued Alcoholic Beverage license, and failure to comply with any of the foregoing conditions shall be grounds fo~ suspension or revocation of the license. PASSED AND ADOPTEDby the Planning Commission of the City of Tustin 16 at a regular meeting held on the 25th day of September, 1995. 17 18 20 21 24 25 26 "7 28 BARBARA REYES Recording Secretary ~ Chair~e~rson · ATTACHMENT NO. 4 SUMMARY OF ISSUES TABLE O~ 0 '-- -- ~1 ~1 ~ · 01 -- ~ 0~ ~ ~ ._1 ~ ~1 ~1 ~ o ~ ~ 0 .El ~ .- ~ '" -m · ~ ~ ~ _._ - o · -eEl C~ ~ '-- ~ C'-- ~ 0~ ~ Z ~ 0 ~=e ~ ~ fi o~ ~.= Z~: c~ ~ ~o_~ ~G ~E E~ 0 ~.~__ ~ ~ mO0 ~E~ ~Eo ~E ~ ~cO --~ o -'= - o~'~o LUO~ ATTACHMENT NO. 5 STAFF REPORTS AND MINUTES PLANNING COMMISSION MEETINGS- FEBRUARY 8, FEBRUARY 22, AND MARCH 8, '1999 Report to the Planning Commission ITEM #3 DATE: SUBJECT: APPLICANT/ PROPERTY OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: FEBRUARY 8, 1999 CONDITIONAL USE PERMIT 98-029 LARRY SMITH RED HILL RESTAURANT, INC. 14131 RED HILL AVENUE TUSTIN, CA 92780 14131 RED HILL AVENUE RETAIL COMMERCIAL (C-1; 10, 000) THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 OF THE ENVIRONMENTAL QUALITY ACT. (CLASS l) CALIFORNIA AUTHORIZATION FOR THE ON-SITE SALE OF ALCOHOLIC BEVERAGES (ABC LICENSE TYPE "47") IN CONJUNCTION WITH A NEW RESTAURANT. RECOMMENDATION That the Planning Commission adopt Resolution No. 3655 approving Conditional Use Permit 98-029. Project Description The applicant is requesting authorization to obtain a license for the on-site sale and consumption of beer, wine and distilled spirits (ABC license Type "47")in conjunction with a new restaurant located at 14131 Red Hill Avenue (see Location Map). Alcoholic beverage sales establishments are permitted in association with a restaurant use subject to the approval of a conditional use permit. The applicant does not propose any outdoor seating. Planning Commission Repo~, Conditional Use Permit 98-029 February 8, 1999 Page 2 Site and Surrounding Properties The applicant proposes to start a new restaurant business at the location of a previous restaurant (Chuck's Steakhouse). The previous restaurant also sold alcoholic beverages for on-site consumption within a cocktail lounge. The previous tenant vacated, the premises several years ago and sinCe then the building has remained vacant.. The tri- level building is approximately 5,000 square feet and located within the commercial center on the southwest comer of Red Hill Avenue and Nisson Road. The restaurant includes two dining room areas, one with five arcade video games,'a cocktail lounge and a kitchen/food preparation area. The dining rooms are approximately the same size. They are located on the main floor and upper floor. The cocktail lounge is located on the lower level, several' steps down from the main floor (see Attachment A - Site Plan/Floor Plan). Surrounding uses include a Stater Brothers grocery store surrounded by a variety of service/retail type businesses. Three restaurants also exist within the commercial center. The restaurants and service/retail businesses have operating hours until 10:00 p.m. The grocery store is open until 11:00 p.m. The surrounding neighborhood includes two apartment complexes directly northwest of the commercial center and one directly southeast of the commercial center, across Red Hill Avenue. Live Entertainment I Public Dancing The applicant is proposing to offer live musical entertainment and public dancing in an approximately 200 square foot area inside the restaurant within the cocktail lounge. Tustin City Code Sections 3212 and 3222 require that the applicant apply and obtain approval of a Public Dancing Permit and a Ent..e..rtainment Permit from the Community Development Director to conduct live entertainment and dancing. Prior to issuance of these permits, the Community Development Director would evaluate the proposed operations and investigate the background of the applicant. Once the permits are issued, the Community Development Director has the authority to revoke the permits if the applicant does not comply with provisions of the permit. Condition No. 2.13 is included to .require the applicant to obtain Public Dancing and Entertainment Permits and Condition No. 2.10 prohibits live entertainment and public dancing outside of the restaurant and prohibits sexually oriented businesses. Parking A parking summary was provided'by the. applicant, which indicates that there are 311. parking spaces within the commercial center. The reciprocal parking agreement for the center allows shared parking among all the commercial center tenants. Not including the proposed restaurant, the existing uses within the commercial center require 241 parking spaces. The proposed 150-seat restaurant requires 50 parking spaces, leaving a surplus Planning Commission Rep~,. Conditional Use Permit 98-029 February 8, 1999 Page 3 of 20 parking spaces within the center. Condition No. 2.8 is included to require a parking summary of the center and approval of the Community Development Department for any increase in the number of restaurant seats. AlcOholic Beverage Sales Regulations and Guidelines Staff has reviewed the proposed Use for conformance with the City's Alcohol Beverage Sales Establishment Guidelines (Attachment B) and the applicable Zoning Code regulations. Issues that are relevant to the applicant's proposal include: 1. Location: The applicant proposes to sell beer, wine and distilled spirits for on-site consumption. The on-site consumption of alcoholic beverages is intended to be in conjunction with eating a meal on the premises. A restaurant establishment, with on-site sale of alcoholic beverages is not subject to any distance requirements from surrounding sensitive uses. However, on-site sale establishments not in conjunction with a restaurant are subject to the following distance requirements, required by Section 9233c(v) of the Tustin City Code: · 1,000 feet from any residentially zoned or used property. · 1,000 feet from any other existing on-site sale establishment except for a restaurant establishment or off-site sales establishment. 1,000 feet from any.. church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. The applicant proposes to locate a second cocktail bar within the main' floor dining area. Five coin operated video arcade games are also proposed to be located within this dining room, The general atmosphere of the main dining room with the cocktail bar and video arcade games is similar to a cocktail lounge rather than a sit-down restaurant. Together, the two proposed cocktail bars located on the main floor dining room and the cocktail lounge would constitute a lounge in the majority of the facility (i.e., approximately 2/3 of the total square footage of the restaurant). This would render the pdmary use of the establishment a cocktail lounge and not a restaurant. The establishment would then be subject to the distance requirements as stated above and would not .meet the distance requirements because it is located less than 1,000 feet from a residentially zoned property. Planning Commission Repo~, Conditional Use Permit 98-029 February 8, 1999 .. Page 4 . . . Although the applicant is willing to provide food service only at the main dining room bar, this would create a difficult enforcement issue for the City to ensure that this area is not converted into a cocktail bar. Condition ' No. 3.1 is included to require that the second bar be removed from the main floor dining area. To ensure that the primary use of the establishment remains a restaurant, Conditions 1.8 requires the applicant to submit an annual financial statement 'identifying gross sales of food and alcohol. The gross receipts of the food sales must surpass the gross receipts of the alcohol sales to maintain a restaurant status. The Community Development Director is authorized under this condition to initiate revocation proceedings if the restaurant status is not maintained. Hours of Operation: Food prepared at the site will be available during the hours of operation. The proposed business hours are 11:00 a.m. to 2:00 a.m. These hours are not compatible with the surrounding uses, which cease at 11:00 p.m. It would be appropriate for the restaurant's hours to be consistent with the business hours of the uses within the commercial center. The proposed hours Of operation are more common for cocktail bars and night clubs than restaurants primarily serving lunch and dinner.. Staff recommends that business hours be limited to 11:00 p.m., Sunday through Thursday and 12:00 a.m. on Friday and Saturday. Condition No. 2.4 is included for the Planning Commission's consideration. Serving Alcohol: Consistent with the guidelines, COnditions 2.3 and 2.6 are included, to require alcoholic beverages to be served only in conjunction with food service and to require all persons serving beer and wine to be eighteen (18) years of age or older and supervised by someone twenty-one (21) years of age or older. Coin Operated Games: .. The guidelines recommend applying a condition to prohibit pool tables or coin operated games in conjunction with a restaurant with alcoholic beverage sales. No pool tables are proposed. However, the applicant is proposing five coin operated video games within the main floor dining area. A maximum of five coin operated video games within the main floor dining room would be considered an accessory to the primary restaurant use. Condition No. 2.12, included for the Planning Commission's consideration, is proposed to limit the number of coin operated video games to five and prohibit pool or billiard tables on the .premises. Planning Commission Rep,.._ Conditional Use Permit 98-029 February 8, 1999 Page 5 5. Bar Seating: The guidelines recommend applYing a condition to prohibit 'bar' type seating in conjunction with a restaurant with alcoholic beverage sales. The applicant is proposing twelve (12) bar seats adjacent to the cocktail bar within the cocktail lounge. The proposed 'bar' seating would be appropriate since patrons sitting 'in this area would be served the same as those seated at the standard lounge tables and chairs. Patrons seated at the bar or the lounge tables would have the ability to order any food items offered on the menu. Condition No. 2.3, which requires full menu service to be available to patrons seated anywhere in the facility, is included for the Planning Commission's consideration. 'E~ri A.~udi ~ Associate Planner Karen Peterson Acting Senior Planner Attachments: Location Map Attachment A - Submitted plans Attachment B - Alcoholic Beverage Sales Guidelines Resolution No. 3655 s:\pcreport\cupg8-029-2.LAL rtl rtl Planning Commission IVy,, February 8, 1999 Page 4 Th~ noted that similar to these circumstances weddings were conducted at Stew Square also without permits; while staff does not want to be in the position of evicting .usinesses, staff must ensure buildings and tenant improvements are safe and in compli ce with the Uniform Building Code. She further stated that the project was not to the Cultural Resources Advisory Committee because the project was not c~ controversial because the parking demands are met. Commissioner Appropriateness h inquired about the rating of the structure and if a Certificate of been obtained. The Director respond~ that the structure was "A" rated and staff would be issuing a Certificate of Appropriat~ The Public Hearing closed 22 p.m. Commissioner Davert noted staff to Tustin and recommended noted amendments. · facility is beautiful, welcomed Dr. Thomas and her e conditional use permit be approved, with the Commissioner Jones noted that he complimented staff for their work. thought the project was good and Condition 1.6 was revised with the addition of following: "In addition to any other enforcement action costs, the applicant shall pay City $2,000.00 to offset the costs related to enforcement. Said payment shall be ma within seven (7) days from the date of this approval. If payment is not made within se ~ (7) days, this approval shall be null and void." . .... Condition 1.8 was revised.as follows: in the first sentence "or befOre'' Commissioner Jones moved, Commissioner Davert sE Resolution No. 3656, as revised, approving Conditional Us~ Motion carried 4-0. to adopt 98-026. 1 Conditional Use Permit 98-029 a request for on-site sale of alcoholic beverages (ABC License Type "47")in conjunction with a new restaurant. The project is located at 14131 Red Hill Avenue within the C-1 (10,000) zoning district. APPLICANT/ PROPERTY OWNER: LARRY SMITH RED HILL RESTAURANT, INC. Recommendation That the Planning Commission adopt Resolution No. 3655 approving Conditional Use Permit 98-029. Planning Commission Mi, February 8, 1999 Page 5 Karen Peterson presented the subject report. Commissioner Davert noted that the applicant's attorney gave correspondence to staff and the Commission and the hearing should be continued to allow staff and the Commission time to review the applicant's correspondence. Michael Cho, applicant's attorney, apologized for the lateness of his correspondence and noted that the applicant wished to proceed tonight. Vice Chair Kozak stated the Commission needs the benefit of the City Attorney and City staff's review of the submitted correspondence. Commissioner Jones suggested that the applicant meet with City staff prior to the next Planning Commission meeting. Commissioner Jones moved, Commissioner Davert seconded, to continue the hearing to the February 22, 1999 Planning Commission Meeting to allow staff and the applicant the opportunity to discuss conditions of approval. Motion carried 4-0. REGULAR STAFF CONCERNS: 4. Report on Elizabeth A. subject report. Commissioner Davert moved. MotiOn carried 4-0. taken at the February 1, 1999 City.Council 'Meetinq k, Community Development Director presented the issioner Jones seconded, to receive and file. COMMISSION CONCERNS: Commissioner Browne - Thanked staff for their professionalis ~ dealing with development projects. Commissioner Davert Noted that Commissioners Browne and newspaper articles. nes were featured in local Noted that he attended a UCI forum on cdme in Tustin is doing well. e County and that ITEM #5 Report to the Planning Commission DATE: FEBRUARY 22, 1999 SUBJECT: CONDITIONAL USE PERMIT 98-029 APPLICANT/ PROPERTY OWNER: LARRY SMITH RED HILL RESTAURANT, INC. 14131 RED HILL AVENUE TUSTIN, CA 92780 LOCATION: 14131 RED HILL AVENUE ZONING: RETAIL COMMERCIAL (C-1; 10, 000) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 OF THE ENVIRONMENTAL QUALITY ACT. (CLASS l) CALIFORNIA REQUEST: AUTHORIZATION FOR THE ON-SITE SALE OF ALCOHOLIC BEVERAGES (ABC LICENSE TYPE "47") IN CONJUNCTION WITH A NEW RESTAURANT.. RECOMMENDATION That the Planning Commission adopt Resolution No. 3655 approving Conditional Use Permit 98-029, as conditioned. If conditions are modified, staff may alter the recommended action. Proiect Description The applicant is requesting authorization to obtain a license for the on-site sale and consumption of beer, wine and distilled spirits (ABC license Type "47")in conjunction with a new restaurant located at 14131 Red Hill Avenue (see Location Map). Alcoholic beverage sales establishments are permitted in association with a restaurant use subject to the approval of a conditional use permit. The applicant does not propose any outdoor seating. The applicant proposes to start a new restaurant business at the location of a previous restaurant (Chuck's Steakhouse, established in 1970). The previous restaurant also sold alcoholic beverages for on-site consumption. The previous tenant vacated the premises Planning Commission Repo~, Conditional Use Permit 98-02~J February 22, 1999 Page 2 several years ago and since then the building has remained vacant. The tri-level building is approximately 5,000 square feet and located within the commercial center on the southwest corner of Red Hill Avenue and Nisson Road. Surrounding uses include a Stater Brothers grocery store surrounded by a variety of service/retail type businesses. Three restaurants also exist within the commercial center. The surrounding neighborhood includes two apartment complexes directly northwest of the commercial center and one directly southeast of the commercial center, across Red Hill Avenue. Background On February 8, 1999 the Planning Commission continued this item to allow the applicant the opportunity to meet with staff to discuss proposed modifications to the conditions of approval within Resolution 3655. staff met with the applicant and the applicant's attorney on February 10, 1999 to discuss the project and the applicant's request for modification to proposed conditions of approval (see Attachment C). The applicant clarified his proposed operation as follows: · Two dining room areas are proposed on the main and upper floors. The upper dining room may close eadier than the cocktail bar. A cocktail lounge with 12 bar seats is proposed to be located on the lower level. The cocktail lounge may not be open during all business hours, (i.e. lunch). · A cocktail/oyster bar is proposed in the main floor dining room. · Five coin operated video games., are proposed to be located within the main floor dining room. · Two pool tables are proposed to be located within the main floor dining room. · Live entertainment and public dancing is proposed to be located on the stage area within the cocktail lounge. · The proposed hours of operation are 11:00 a.m. to 2:00 a.m., seven days a week. The restaurant hours are proposed to close at 1:00 a.m. The applicant's modification to conditions and staff's recommendation are discussed below. Alcoholic Bevera~le Sales Re~lulations and Guidelines Staff has re-evaluated the proposed use for conformance with the City's Alcohol Beverage Sales Establishment Guidelines (Attachment B) and the applicable Zoning Code regulations based on the new information provided by the applicant at the February 10"~ meeting and in.their letter dated February 8, 1999. At the meeting staff was unable to Planning Commission Rep,.,,, Conditional Use Permit 98-029 February 22, 1999 Page 3 reach an agreement with the applicant regarding their requests. The following is a discussion of outstanding issues, including: the sale of alcoholic beverages; hours of operation and the location of the facility; coin operated video games and pool tables; and bar seating. On-site Consumption of Alcoholic Beverages · The applicant proposes to allow partially consumed bottles of Wine to be taken off the premises by the customer and consumed off-site. The applicant disagreed with condition 2.1 and proposed the following addition: 2.1 No off-site sale or consumption of alcohol' for any type of ABC license is authorfzed. All alcoholic beverages shall be consumed on site except partially consumed bottles of wine as permitted by the ABC (Alcoholic Beverage Control) AcL Staff confirmed with the Alcoholic Beverage Control Board that a type 47 license issued by the ABC does not permit off-site consumption of alcoholic beverages including the removal of partially consumed bottles of wine. To obtain a conditional use permit for off-site consumption alcoholic beverage sales license, the premises would have to be at least 300 feet from a residentially zoned or used property. The subject property is less than 300 feet from two R-3 (Multiple Family Residential District) zoned properties. Therefore, Condition No's. 1.4 and 2.1 have been included for the Planning Commission's consideration. Hours of Operation and Location of Facility The applicant proposes to stop..s..erving food menu items one hour before closing to allow the operator of the restaurant flexibility regarding the commencement of cleaning up' the kitchen area. The applicant disagreed with Condition 2.3 and proposed the following change: 2.3 Hours of sales of alcoholic beverages shall be limited to the hours when food is available, or otherwise permitted herein. Full service of food menu items shall be available in the restaurant and lounge dudng all business hours until one (I) hour prior to close. In accordance with the City's Alcohol Beverage Sales Establishment Guidelines, food must be served during business hours. If the food preparation and serving is not operational during business hours, then the primary use of the facility during those hours becomes the sales of alcoholic beverages rather than food. The location of the property is less than 1,000 feet from a residentially zoned property. This site does not meet the distance requirements for on-site sale establishments not in conjunction with a restaurant in accordance to Section 9233c(v) of the Tustin City Code: · 1,000 feet from any residentially zoned or used property. Planning Commission Repot, Conditional Use Permit 98-029 February 22, 1999 Page 4 1,000 feet from any other existing on-site sale establishment, except for a restaurant establishment or 'off-site sales establishment. 1.000 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. A summary table of similar establishments within Tustin is provided as Attachment E. The table illustrates that either: 1) establishments with separate cocktail lounges, have a distance of at least 1000 feet separating the facility from sensitive uses, or 2) the establishment is considered a non-conforming use due to the start date of establishment. The restaurants that have cocktail bars Which are integrated into the dining areas do not have separate closing hours for the bar and the dining areas. Therefore, Condition No 2.3 has been provided for the Planning Commission's cor~sideration, which limits the sale of alcoholic beverages to the hours when food is available. The applicant proposes operating hours to end at 2:00 a.m. seven days a week, which they state is consistent with the other businesses within the commercial center and similar establishments within the immediate area. The applicant disagreed with Condition 2.4 and proposed the following modification: 2.4 Operating hours shall be consistent with the other businesses within the commercial center. The closing hours shall be limited to' 11:00 F.m. cn a.m. seven days a week. The grocery store within the commercial center has the latest closing hour of 11:00 p.m. The three restaurants within the center close by 10:00 p.m. The proposed closing hour of 2:00 a.m. is not consistent with the closing hours of the adjacent businesses within the commercial center. As depicted on the table in Attachment E, Stewart Anderson's Black Angus Restaurant appears to have the most in common with the proposed operation. Black Angus has a separate lounge area from the restaurant, live entertainment, and public dancing. Black Angus closes at 10:00 p.m. on Sunday - Thursday and 11:00 p.m. on Friday and Saturday. At the February 10, 1999 meeting, the applicant indicated that he would like the flexibility of closing the upper dining room at 10:30 p.m., closing the main dining room an hour before closing, and operating the lounge until 2:00 a.m. He also indicated that it was his desire to retain patrons as long as possible by first serving them dinner in the. dining rooms and then capturing their business in the lounge area. Dudng "slow" periods such as lunch or daytime hours, the lounge would be closed entirely. Given this information, staff believes the applicant is proposing two separate uses that would operate independently; a restaurant and a cocktail bar. in addition, given the applicant's proposed operating hours, it appears that the principal use of the facility .. Planning Commission Rep,... Conditional Use Permit 98-029 February 22, 1999 Page 5 Would change from a restaurant during early evening hours to a cocktaii lounge/bar during late night hours. Generally restaurants serve 'dinner to patrons before 12:00 a.m. and late night operating hours are not used for serving dinner. Due to the request by the applicant to close portions of the dining area, after the dinner rush, and keep the lounge operating, staff believes that the primary use of the facility during late night hours, would become a cocktail bar or club. Staff recommends that the closing hours be limited to 11:00 p.m. on Sunday through Thursday and 12:00 a.m. on Friday and Saturday and has not modified the previous Condition No. 2.4. The applicant proposes to allow the customer the flexibility of not ordering food menu items while consuming alcoholic beverages. The applicant disagreed with Condition 2. 7 and proposed that it be deleted. The on-site consumption of alcoholic beverages is intended to be in conjunction with eating a meal on the premises. A restaurant establishment, with on-site sale of alcoholic beverages is not subject to any distance requirements, from surrounding sensitive uses. However, an establishment not in conjunction.with a restaurant, such as a cocktail bar or club, must meet the required distance from surrounding sensitive uses which can not be met on this site. Staff has deleted Condition No. 2.7 due the implication that alcoholic beverages can be consumed without eating a meal. Conditions Nos. 1.8, 2.3 and 2.12 have been provided to ensure that the establishment remains as a restaurant at all times. The applicant proposes to have the flexibility to close down the second level dining area at different times than the main dining room and the cocktail lounge. The applicant disagreed with condition 2.9 and proposed the following replacement: 2.9 The upper dining level may close at 10:30 p.m. and the main dining area and lounge areas shall close at 2:00 a.m. As noted previously, closing off portions of the dining area while keeping the lounge operating, changes the primary use of the facility during these hours from a restaurant to a cocktail bar or club. The on-site sales of alcoholic beverages is only permitted on this site in conjunction with a restaurant. Therefore, the entire premises should function exclusively as a restaurant at all times. Condition Nos. 2.3, 2.12 and 2.14 have been provided for the Planning Commission's consideration, which limits the sale of alcoholic beverages to the hours when food is available, that food shall be served at any bar located within the facility and that the entire facility operate as a restaurant at all times. Planning Commission Repo,, Conditional Use Permit 98-029 February 22, 1999 Page 6 COin Operated Games and Pool Tables The applicant proposes to install coin operated video games and pool tables on the premises. The applicant disagreed with Condition 2.12 and proposed the following replacement: 2.12 A maximum of five-(5) coin operated video games and two (2) billiard tables shall be permitted within the main floor dining room. In accordance with the Alcoholic Beverage Sales Guidelines, coin operated games and pool tables are not allowed in a on-site alcoholic beverage sales establishment in conjunction with a restaurant. The Tustin City Code and Alcoholic Beverage Sales Guidelines do not permit pool tables to be located on these premises which is zoned C-1. Deviations to the City Code Land Use Regulations are not permitted. Therefore, Condition No. 2.10 has been provided for the Planning Commission's consideration. Bar Seatin~t · The applicant proposes to have bar seating adjacent to the cocktail bar. In accordance with the Alcoholic Beverage Sales Guidelines, "bar" type seating is not allowed for on-site alcoholic beverage sales establishments in conjunction with a restaurant. "Bar" seating would be allowed only in an establishment that would be considered a cocktail bar or club, rather than a restaurant. This facility does not meet the distance requirement from sensitive uses for a cocktail lounge. There are no unique circumstances regarding this application that would support findings to deviate form the Guidelines. Therefore, Condition No. 2.13 has been provided for the Planning Commission's consideration. · Live Entertainment / Public Dancing The applicant is proposing to offer live musical entertainment and public dancing in an approximately 200 square foot area on the lower floor the restaurant. Tustin City Code Sections 3212 and 3222 require that the applicant apply and obtain approval of a Public Dancing Permit and a Entertainment Permit from the Community Development Director to conduct live entertainment and dancing. Prior to issuance of these permits, the Community Development Director would evaluate the proposed operations and investigate the applicant's background. Once the permits are issued, the Community Development Director has the authority to revoke the permits if the applicant does not comply with provisions of the permit. Condition No. 2.13 is included to require the applicant to obtain Public Dancing and Entertainment Permits and Condition No. 2.10 prohibits live entertainment and public dancing outside of the restaurant and prohibits sexually oriented businesses. Planning Commission Rep~,,. Conditional Use Permit 98-029 February 22, 1999 Page 7 Parking A parking summary was provided by the applicant, which indicates that there are 311 parking spaces within the commercial center. The reciprocal parking agreement for the center allows shared parking among all the commercial center tenants. Not including the proposed restaurant, the existing uses within the commercial center require 241 parking spaces. The proposed 150-seat restaurant requires 50 parking spaces, leaving a surplus of 20 parking spaces within the center. Condition No. 2.8 is included to require a parking summary of the center and approval of the Community Development Department for any increase in the number of restaurant seats. ~¢'ri A. ~u~i -k/ Associate Planner Karen Peterson Acting Senior Planner Attachments: Location Map Attachment A - Submitted Plans Attachment B - Alcoholic Beverage Sales Guidelines Attachment C - February 8, 1999 letter from Michael Cho Attachment D - February 8, 1999 Staff Report Attachment E - Summary Table of Local Restaurant Establishments Resolution No. 3655 s:\pcreport~-22cup98-029.LAL Planning Commission Mi,,_.~s February 22, 1999 Page 5 Th ~mmendation the Planning Commission adopt Resolution No. 3658 approving Use Permit 98-031. The Public Hearing open at 7:11 p.m. Justina Willkom presented th, report. Commissioner Davert asked if this relocating business or a new business. Justina Willkom replied that this is a business and the applicant currently has the Honda Ya restaurant at the Jamestown PI The Public Hearing closed at 7:12 p.m. Commissioner Jones moved, Resolution No, 3658 approving Conditional Use 0. Kozak .seconded, to adopt 98-031. Motion carried 5- St · Conditional Use Permit 98-029 a request for the on-site sale of alcoholic beverages (ABC License Type "47")in conjunction with a new restaurant. The project is located at' 14131 Red Hill Avenue within the Retail Commercial (C-1; 10,000) zoning district. APPLICANT/ PROPERTY OWNER: LARRY SMITH RED HILL RESTAURANT, INC. Recommendation That the Planning Commission adopt Resolution No. 3655 approving Conditional Use Permit 98-029. The Public Hearing opened at 7:13 p.m. Lori Ludi presented the subject report. The Director noted for the record that the applicant submitted a menu, petition and photos for the Commission's review. Michael Cho, attomey for applicant, noted that they met with City staff and they have agreed to disagree with staff. He indicated that the conditions were burdensome to the applicant, specifically conditi°ns 1.4, 1.8, 2.1, 2.3, 2.7, 2.10, 2.1..3, 2.1.4 related to operating hours, seating at the bars, allowing patrons to take partially-consumed wine Planning Commission rv,,..,~tes February 22, 1999 Page 6 home, accounting for audited statements, food being offered during all business hours, allowing pool tables and video games and closure of dining rooms when not needed. Commissioner Jones asked staff if a type 47 license allows recorked bottles to be carried out. The Director responded that Lod Ludi spoke to the Department of Alcoholic Beverage Control (ABC) who indicated that a type 47 license does not allow recorked 5ottles to be carried out. Omar Sandoval, Deputy City Attorney, stated that he is not familiar with the business and professions code but the City has the ability to regulate off-site consumption regardless'of ABC regulations. Michael Cho, attorney for applicant, stated that he believed the ABC code states a recorked bottle is considered closed. The Director stated that staff would research the issue if the Planning Commission wishes to allow the carryout of recorked bottles. Commissioner Jones asked staff the rationale for not allowing bar seating. The Director responded that staff's concerns relate to the two functions of the establishment as that of a bar and a restaurant. As a bar or lounge, the establishment would not be permitted at this location and, based on the operational characteristics, will become a full-fledged bar. City staff has Planning Commission guidelines which identify what should be allowed and not allowed in restaurants with on-site.consumption of alcoholic beverages. She further stated that she believed that, at that time, the Planning Commission did not wish restaurants to be converted into bars. Staff does not feel strongly about the condition and if the Planning Commission wished to allow bar seating, they should direct staff to modify the guidelines. Commissioner Jones asked if the Lone Star Steakhouse was considered a separate bar. The Director responded that the bar is considered an ancillary use to the full-fledged restaurant. Commissioner Jones noted that the applicant's concern with Condition 2.4 is unfounded because it does not disallow the closure of the upper dining level. Commissioner Kozak noted that the conditions of approval are consistent with the guidelines and compared the conditions to those in Item #4, Conditional Use Permit 98- 031. He inquired if site improvements could be conditioned for the trash enclosure and landscaping. Chairperson Pontious stated that there are negative constraints imposed by the configuration of the building and will make it hard to use the site. Planning Commission Min,...,s February 22, 1999 Page 7 Commissioner Davert noted that the site has been vacant for a long time and the City is looking forward to someone investing in the site with the establishment of a quality project. He further stated that this area is very sensitive and is borderline blighted. He noted that he concurs with the applicant on Condition 1.4 and does not have a problem with patrons being able to take home partially-consumed bottles of wine. Commissioner Kozak noted that he wished to see enforcement and ABC guidelines referenced in Condition 1.4. The Director stated that the Planning Commission always has the ability to revoke the permit. Commissioner Browne noted his approval of the changed condition subject to obtaining ABC clarification. Condition 1.8. Commissioner Davert stated that he understands the applicant's desire to be able to discount or give away food but the sales figures and the financial statements need to be audited. Commissioner Kozak suggested minor modifications in the language of Condition 1.8 to read "audited financial statements and schedules" and noted there are generally accepted accounting principles to allow separation of the revenues. The Director stated that if the establishment is truly a restaurant, food sales should be higher than alcoholic beverage sales._. Commissioner Jones noted that the calculation should be receipt based. The Commission supported Condition 1.8 with Commissioner Kozak's additional language. Condition 2.3 Commissioner Davert stated that food needs to be available during the hours the restaurant is open. Chairperson Pontious noted that there could be a supplemental menu for later hours. Michael Cho, attomey for applicant, noted that the applicant could work with the provision of a reduced evening menu. Commissioner Jones noted that the words "full" could be deleted from Condition 2.3. Chairperson Pontious suggested that "one hour prior to closing" be deleted. Planning Commission rvl,...,ces February 22, 1999 Page 8 Commissioner Browne asked for clarification on table service opposed to bar service. Commissioner Davert asked if the applicant intended to have wait staff serve the food at all hours. Michael Cho, attorney for applicant, responded that wait staff would be serving food at all hours. Condition 2.4 Commissioner Davert stated he is not comfortable having the restaurant open until 2:00 a.m. and agrees with staff. Commissioner Jones and Commissioner Kozak concurred with Commissioner Davert's concerns. Larry Smith, applicant, stated his concern about throwing patrons out at closing and asked for a compromise by closing at midnight on weekdays and 1:00 a.m.' on weekends. Commissioner Browne stated he understands the applicant's concern but believes the closing .time means no new patrons entering. Michael Cho, attomey for applicant, stated an absolute time limit would be easier. The Planning Commission took a five minute recess at 8:10 p.m. The Planning Commission reconvened at 8:15 p.m. Commissioner Davert stated that his interpretation of closed is no new patrons should be admitted after that hour. Commissioner Kozak stated that the hours recommended by staff are reasonable given the location. Commissioner Jones stated that he supports the hours that staff has recommended. Commissioner Davert asked if the applicant had the option to return to the Commission and request a modification to the hours. The Director responded that the applicant can request a modification to the hours at a later time. Larry Smith, applicant, stated that he would prefer to operate with the proposed later closing hours. The Director recommended the language remain the same for condition 2.4. Planning Commission Min~,,~s February 22, 1999 Page 9 Condition 2.7 Commissioner Davert noted, that late night parking does not appear to be a problem in the center and does not understand Mr. Cho's request. Michael Cho, attorney for applicant, stated he does not know what the available seating capacity is for the restaurant but requests the maximum seating be allowed. Chairperson Pontious stated that she believed the center is over-parked. The Director stated that the center does have additional parking and the condition states exactly what Mr. Cho is requesting. Michael Cho, attorney for applicant, stated he believed the condition limits the restaurant to 150 seats unless they submit a parking study and noted that a parking study was provided. Commissioner Davert inquired about the number of seats the applicant is proposing. Michael Cho, attorney for applicant, stated that 210 spaces would be available subject to the occupancy. The Director stated that staff does not have concerns with 210 spaces but cannot make a determination at this point based on the information submitted. Larry Smith, applicant, stated he did submit a parking summary. Lori Ludi stated that the parking summary the applicant submitted reflects a request for · 150 seats. Commissioner Davert asked from where the additional 20 spaces are derived. The Director responded that the additional spaces could be accommodated within the facility as long as the demand does not change with respect to the parking and the actual occupancy of the building can support additional occupancy. This determination can be made at a staff level. The condition, as it is written, gives flexibility for that to occur. Condition 2. Commissioner Davert stated that video games and pool tables can be fun and cater to a professional crowd and he does not have a problem with these two items. Commissioner Jones asked where the video games and pool tables would be located in the restaurant. Planning Commission M~l,~,ces February 22, 1999 Page 10 Michael Cho, attorney for applicant, responded they would be located in the main floor dining room on the main level. Commissioner Davert asked for the seating capacity in that room. The Director responded that 48 seats are identified on the plans and noted that the Commission should be mindful that the intended use of the facility is a restaurant; two pool tables and five video games in an area that is approximately 750 square feet would constitute a primary use of the area for gaming rather than a restaurant use. Michael Cho, attorney for applicant, noted that the percentage drops when the square footage is calculated for the upstairs dining room and the lOwer dining room. Larry Smith, applicant, noted that the room referred to as the main dining room is technically not the main dining room and further noted that the total restaurant dining area is broken up into three areas that are comparable in size. The Director reminded the Commission that pool tables and video games are not allowed in the guidelines so the Commission would be establishing a precedent. Commissioner Davert stated he understands the guidelines and the need for consistency but noted that there are new trends in restaurants. The Director noted that if the Commission wished to allow pool tables and video games, they should direct staff to modify the guidelines and to recognize that the option would be available to other interested establishments. Commissioner Davert stated he did not wish to make this available to everyone in town. The Director noted that the Commission has the ability to condition any project that appears before the Commission. Michael Cho, attorney for applicant, noted that Dave and Busters is one of the fastest growing restaurant companies in the United States and theme restaurants are the rage. Commissioner Davert asked if a condition could be included for revocation if the establishment receives too many police calls. The Director stated that equal protection issues must be considered when laws are written and noted that staff can modify the portion of the resolution that pertains to off-site and on-site consumption of alcoholic beverages. Commissioner Kozak noted that perhaps a standard could be used relative to the size of the facility or location. Michael Cho, attomey for applicant, noted that games make up over fifty percent of the facility in a Dave and Busters facility. Planning Commission Mir,,...~s February 22, 1999 Page 11 Chairperson Pontious compared this issue to neon signage which was prohibited at one time and now is considered trendy and upscale. Commissioner Jones stated that the Commission should realize that this is a changing trend but the issue should be researched by staff. The Director stated that the prohibition should be left in and staff can return with guidelines for the Commission's consideration. Commissioner Davert stated he understands the applicant wishes to open his restaurant with everything in place and asked if the use could be allowed temporarily. The Director stated that the Commission can condition the applicant to comply with any future guidelines that are adopted. Chairperson Pontious asked the applicant for their expected opening date. Michael Cho, attorneY for applicant, indicated that the applicant is ready to open immediately and would be inclined to accept any conditions subject to any changes that the City may provide through future guidelines and waive any claims against the City for removal and cost. The Director noted that the 'Planning Commission can approve temporary use permits for up to six months and staff may need to notice the temporary use permit as a separate hearing. Condition 2.13 Commissioner Jones noted that there are barstools at the Lone Star restaurant. The Director noted the bar is considered an ancillary use to the restaurant. Commissioner Davert noted that he does not drink at ali but eats his lunch twice a week on a barstool at a bar in a very nice restaurant. Chairperson Pontious noted the bar seating could be included along with the pool tables to be conditioned on a six-month period based on a revision of the guidelines. Commissioner Kozak asked if the twelve seats could be specified and also four for the oyster bar. Condition 2.14 Commissioner Davert stated he believed the intent is that food would be available in all open portions of the restaurant at any given time. Planning Commission IVy,, February 22, 1999 Page 12 Chairperson Pontious asked if the condition could be rewritten to be less ambiguous The Director indicated that the intent of the condition was that any and all areas would exclusively operate as a restaurant and suggested that "all times" be deleted from the condition. Commissioner Browne inquired if this precludes the applicant from using the facility for wedding receptions. The Director indicated that the applicant could allow anything that did not exceed the occupancy limit. Michael Cho, attorney for applicant, noted his concern about New Year's Eve falling on a weekday. Commissioner Davert indicated he believed there is a way to accommodate a one-time event. The Director stated individuals can have four special events per year and permits need to be in place before the event occurs. The Director indicated that the City Attomey suggested that the City require some sort of security for the oversight time required by staff. Commissioner Kozak suggested the Condition be worded to indicate the secudty would be in a form acceptable to the City Attomey. Michael Cho, attorney for applicant,, stated he has never seen a condition requiring a bond relative to enforcement costs. Omar SandoVal, Deputy City Attorney stated that the City would .include the amount and performance bonds are commonly issued to permittees. Commissioner Jones asked if there was consensus related to the exterior of the building. The Director stated that it can be conditioned if the Commission can make a finding that the proposed use is creating a burden and necessitates the trash enclosure. Commissioner Kozak stated that his intent was to improve the aesthetic appearance of the building. Commissioner Jones stated that it may just be a matter of bringing the cracked planters up to a current state of repair. The Director stated that the Commission should get concurrence from the applicant Planning Commission Minu,es February 22, 1999 Page 13 Michael Cho, attorney for applicant, stated the applicant would have no problem with landscaping the current areas within the planters and repairing damaged planters. Commissioner Kozak stated his hope that .improvements to this site would encourage improvements throughout the center. The Director stated that staff can prepare a resolution to be included on the Consent Calendar for the next meeting. Commissioner Kozak stated that he wished to see conditions 2.10 and 2.12 from Resolution No. 3658 placed into this resolution also. The Public Hearing closed at 9:00 p.m. Commissioner Davert stated his gratitude to staff and the applicant for their time spent on this project and noted the City has looked for years for an appropriate use for this facility and will support the applicant to make the business successful. Commissioner Jones moved, Commissioner Kozak secOnded, to continue the item to the March 8, 1999 Planning Commission meeting to allow staff to prepare a revised resolution of approval. Motion carried 5-0. REGULAR lESS: 6. Statu Karen Peterson, Acting STAFF CONCERNS: nior Planner presented the subject report. m Report on Actions at the February 16, 1999 City Council Meeting Elizabeth A. Binsack, Community ;nt Director reported on the subject agenda. COMMISSION CONCERNS: Commissioner Davert - Noted that Red Hill Avenue is reduced asked if this was in the County. Douglas Anderson replied that this was in the County project. lane at Irvine Boulevard and is part of their widening Noted that the Unocal Station on 17~ Street is still using signs posted. This petition is to show support for red hill restaurant inc. opening at 14131 Redhill Ave. Tustin. As residents of Tustin we have no objection to this dinner house having its lounge open until 2a.m. Mon. through Sun.. We the undersigned community members are looking forward to enjoying this establishment. Signature This petition is to show support for red hill restaurant inc. opening at 14131 Redhili Ave. Tustin. As residents of Tustin sve have no objection to this dinner house having its lounge open until 2a.m. Mon. through Sun.. We the undersigned community members are looking forward to enjoying this establishment. Name Address Si,~nature This petition is to show support for red hill restaurant inc. opening at 14131 Redhill Ave. Tustin. As residents of Tustin we have no objection to this dinner house having its lounge open until 2a.m. Mon. through Sun.. We the undersigned community members are looking forward to enjoying this establishment. Name.5,/.ff~; "~///2,/ Address . . This petition is to show support for red hill restaurant inc. opening at 14131 Redhill Ave. Tustin. As residents of Tustin we have no objection to this dinner house having its lounge open until 2a.m. Mon. through Sun.. We the 'undersigned community members are looking forward to enjoying this establishment. Na. me /0P7-/z This petition is to show support for red hill restaurant inc. opening at 14131 Redhili Ave. Tustin. As residents of Tustin we have no objection to this dinner house having its lounge open until 2a.m. Mon. through Sun.. We the undersigned community members are looking forward to enjoying this establishment. Name Address Signature This petition is to show support for red hill restaurant inc. opening at 14131 Redhill Ave. Tustin. As residents of Tustin we have no objection to this dinner house having its lounge open until 2a.m. Mon. through Sun.. We the undersigned community members are looking forward to enjoying this establishment. ~3, :b~l ~~.~ Name Address Signature ~xc~ c\ BERNARD & ASSOCIATES A PROFESSIONAL ASSOCIATION OF INDEPENDENT ATTORNEYS ATTORNEYS AT LAW 3991 M,~cARTHUR BOULEVARD, SUITE 350 NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE (949) 263-1511 FACSIMILE (949) 263-0229 February 8, 1999 Members of the Planning Commission City of Tustin Re: Conditional Use Permit 98-029 14131 Red Hill Avenue, Tustin Red Hill Restaurant Dear Distinguished Planning Commissioners: The purpose of this letter is to briefly outline the differences that the applicant has with the conditions of approval as proposed by the planning staff and offer alternative conditions that mitigate the concerns raised by this application. Project Description The proposed project is for a full service "New Orleans" themed restaurant that will provide fine dining and entertainment for the local and surrounding community. The restaurant is being developed in a location that previously provided dining and entertainment in a very similar manner as proposed by the applicant~ The restaurant has three (3) distinct rooms on different levels for patron service. Top Level Dining Room: Main Level Dining Room: Dining/banquet room with fireplace and no fixed beverage bar; Dining area with small fixed oyster and beverage bar. The dining area consists of booth and table seating. The room will also provide up to five (5) video games and two (2) billiard tables; Lower Level Lounge: This area is a dedicated lounge area with a fixed bar, small dance floor for patron dancing, and small stage area for live entertainment. The area is basement room with no exterior windows or doors. Proposed Conditions The applicant is in general agreement with the Conditions of Approval as proposed by the Planning staff. However, the applicant requests the Planning Commission consider the following proposed changes (italics and underlined): Letter to Planning Com,. February 8, 1999 Page 2 of 3 .,Ion 2.1 2.3 No off-site sale or consumption of alcohol for any type of ABC license is authorized. All alcoholic beverages shall be consumed on site, except partially consumed bottles of wine as permitted by the ABC Act. Rationale: The ABC Act specifically provides that patrons can take a partial consumed bottle of wine from a licensed premise. Hours of sales of beer, wine and distilled spirits shall be limited to the hours when food is available, or otherwise permitted herein. Full service of food menu items shall be available in the restaurant and lounge during all business hours until one (1) hours prior to close. Rationale: This allows the operator of the restaurant flexibility regarding starting the clean-up of the kitchen area. 2.4 2.7 2.9 2.12 Operating hours shall be consistent with the other business within the commercial center. The closing hours shall be limited to 2:00 a.m. seven days a weeks. Rationale: The ABC Act specifically provides that licensed a premise can sell and serve alcoholic beverages until 2:00 a.m. In this case, there are other restaurants in the area that close at 1:30 a.m. to 2:00 a.m. Delete in its entirety. Rationale: PatrOns seated in the two (2) dining areas should be able to be served alcoholic beverages without the requirement of ordering food, especially in cases where one of the patrons seated at a table may not be ordering food. Delete and replace with the following: The upper dining level m~ close at l O.'30 p. m. and the main dining area and lounge area shall close at 2.'00 a.m. Rationale: There are other restaurant in the area that close the dining areas prior to their bar areas and it permits an. operator to begin cleaning at a reasonable time. A maximum of five coin operated video games and two (2) billiard tables shall be permitted within the main floor dining room. ,wt..ere shall he ne 1..,; 11 ;,-,,.A +,.,1.,1 .... +1., Letter to Planning Commission February 8, 1999 Page 3 of 3 Rationale: The restaurant concept includes amusement devises in the main dining area very much like that of "Dave and Busters" or "Game Works" restaurants. The dining room would still be primarily devoted to dining tables and food service. 2.14 No outdoor seating is allowed, unless the applicant obtains approved plans_for additional patio seating and service. Rationale: The applicant should be permitted to add patio seating and service if appropriate plans are approved without having to remm to the Planning Commission to modify the conditional use permit. 3.1 Delete in its entirety. Rationale: The restaurant should be able to provide a small fixed bar that serves as an oyster bar that also serves alcoholic beverages. The proposed bar area previously existed and will only act in conjunction with the main dining area. Additionally, this gives the operator flexibility in utilizing the smaller bar area and closing the lower lounge area during slower periods of time. The Applicant agrees with the balance of the proposed conditions of approval and respectfully requests your consideration of the above changes. Thank you for your sincere consideration of the request. Respectfully submitted, SENT 8Y:§&A/NFE/WV ; 2-18-99 ; 11:44 ; 7142630229- · & Ass0c s ATI0m~r~YS A1 LAw TELEPHONE {94~}) 263-12 ] 1 FACSIMILE (949) 263-0229 February 18, 1999 Members of the Planning Commission City of Tustin Conditional Use Permit 98-029 14131 Red Hill Avenue, Tustin Red Hill Restaurant Dear Distinguish~ Planning Commissioners: Thc purpose of this lcucr is to briefly outline thc diffcrcnccs thai thc applicant has with the conditions of approval as proposed by thc planning staff and offer alternative conditions that mitigate thc concerns raised by this application This letter is sent pursuant to discussions held by thc Planning Staff and the Applicant as requested by the Planning Commission at the meeting of February 8, 1999. The result of the meeting between the Staff and the Applicant has produced a very disappointing draft resolution and report from my client's perspective. In short, the proposed conditions of approval and resolution are now more burdensome and harsh to the point of killing a business before it has an oppommity to start. Prelect Descriorion The proposed project is for a fuji service '~Tcw Orleans" thcmed r~taurant that will provide fine dining and entertainment for the local and surrounding community. The restaurant is being developed in a location that previously provided dining and entertainment in a very similar manner as proposed by the applicant. The restaurant h~.~ three (3) distinct rooms on different levels for patron service. Top I2v¢1 Dining Room: Dining/banquet room with fireplace and no fixed beve~gc bar; M~dn L,vel Dinin8 Koom: Dining v. rc~ with small fixccl oyster md tmvcragc bar. The dining area consists of booth and table seating. The room will also provide up to five (5) video games and two (2) billiard tables, if permitted; Lower Level Lounge: . This area is a dedicated dining and lounge area with a fixed bar, small dance floor for patron dancing, 2-18-99 ; 17:45 ; ?1426302294 Letter to Planning Commission February 18, 1999 Page 2 of 4 and small stage area for live entertainment. The area is basement room with no exterior windows or doors. Proposed Conditions The applicant is in general agreement with thc Conditions of Approval as proposed by the Planning st~ff. However, the applicant requests the Planning Commission consider thc following proposed changes (italics and underlined): 1.4 1.8 2.1 2.3 Conditional Use Permit 98-029 authorizes ABC License Type "47': for the on-site sale and consumption of beer, wine and distilled spirits only. The sale of alcoholic beverages for off-site consumption is prohibited, except vartiallv consumed bottles of wine as permitted by thc ABC Act. Rationale: The ABC Act specifically provides that patrons can take a partial consumed bottle of wine from a licensed premise. An audited fin~ucial statement separately identifTing gross sales of food and alcohol must be submitted to the Community Development Director for review annually. The gross receipts of food sales must exceed the gross receipts of alcohol sales. In the event the ~v_vlicant offers_food specials such as discounts, the Applicant shall he. ~tllowed to calculat~ · gross food receipts based on the actual food value. If gross receipts of alcohol exceed food sales, the Community Developm~t Director shall initiate proceeding to revoke the Conditional Use Permit. Rationale: In this extremely competitive industry, special pricing and offers of discounts are a normal pan of marketing and operations. Yet if the Applicant is not allowed to calculate food receipts based on the full actual value, the Applicant is penalized even though the same amount of food is served. No off-site sale or consumption of alcohol for any type of ABC license is authorized. All alcoholic beverages shall be consumed on site. except put,ally consumed bottl,,~ o£wine as oermitted by the ABC ,4ct. Rationale: The ABC Act specifically Provides that patrons can take a partial consumed bottle of wine from a licensed premise. Hours of sales of beer, wine and distilled spirits shall be limited to the hours when food is available, or otherwise permitted herein. Full service SENT BY:B&A/NFE/WV ; 2-18-99 ; 17:46 ; 71426302294 Lermr to Planning Commission February lg, 1999 Page 3 of 4 of food menu items shall be available in the restaurant during all business hours until one (I) hours prior to close. Rationale: This allows the operator of the restaurant flexibility regarding starting the clean-up of the kitchen area, 2.4 2.7 2.10 Operating hours shall be consistent with the other business within the commercial center. Thc closing hours shall be limited to 2:00 ~m. seven days a wee/rs.. Rationale: The ABc Act specifically provides that licensed a premise can sell arid serve alcoholic beverages until 2:00 a.m. In this case, there are other restaurants in the area that close at 1:30 a.m. to 2:00 a.m. and other business in the center'and surrounding area that are open 24 hours. Request a determination of the m~imum seating capacity based on the current parkin~ summary that was submitted with the application. Raaonale: The Applicant believes that number should be approximately 170 according to the Staff Report. A maximum of five coin operated video games and two (2) billiard tabl¢~ shall be permitted within the main floor dining room..'P...~e -~'~__!! ~-,~ =: Rationale: The restaurant concept includes amusement devises in thc main dining area very much like that of "Dave and Busters" or "Game Works" restaurants. Thc dining room would still be primarily devoted to dining tables and food service. 2.14 Delete and replace with thc following: The upper dining level may clo~e at 10.'30 p.~ and the main dining arcq and lounge area shall close at 2:00 a.m. Rationale: There are other restaurants in The area that are permitted to close dining areas prior to their bar areas and it also permits an operator to begin cleaning.at a reasonable time. LeRer to Planning Commission February 18, 1999 Page 4 of 4 Thc Applicant agrees with the balance of the proposed conditions of approval and respectfully requests your consideration of the above changes. Thank you for your sincere consideration of thc request. Rcspccneully submitted, Tl~:l-~?HONE (949) 263-1211 FACSIMILE (949) 263-0229 February 22, 1999 Members of the Planning Commission City of Tustin Re: Conditional Usc permit 98-029 14131 Red Hill Avenue, Tustin Red Hill Restaurant Dear Distinguished Phnning Commissioners: The purpo~ of this letter is ~o briefly outlin~ the differences that thc applicant has with the conditions of approval as proposed by the planning staff and offer alternative conditions that mitigate the concerns raised by this application This letter is sent pursuant to discussions held by the Planning Staff and the Applicant as requested by the Planning Commission at the meeting of February 8, 1999. The result of the meeting between thc StatTand the Applicant has produced a very disappointing &aft resohnion and report from my client's perspective. In short, the proposed conditions of approval and resolution are now more burdensome and harsh tn the point of killing a business before it has an opportunity to start. Project Description Thc proposed project is for a full service "New Orleans'' therned restaurant that will provide fine dining and entertainmem for the local and surrounding Community. The restaurant is being devcloped in a location that previously provided dining and entertainment in a very similar manner as proposed by thc applicant. The restaurant has three (3) distinct rooms on different levels for patron service. Top Level Dining Room: Dining/banquet room with fi~eplac¢ and'no fixed beverage bar; Main Level Dining Room: Dining area with small fixed oyster and bevcrage bar. The dining area consists of booth and table seating. The room will also provide up to five (5) video games and two (2) billiard tables, if permitted; Lower Level Lounge: This area is a dedicated dining and lounge area with a fixed bar, small dance floor for patron dancing, Letter to Planning Commission February 22, 1999 Page 2 0f4 and small stage area for live entertainment. The area is basement room with no exterior windows or doors. Proposed Condition.q The applicant is in general agreement with the Conditions of Approval as proposed by the Planning staff. However, the applicant requests the Planning Commission consider the following proposed changes (italics and underlined): 1.4 1.8 2.1 2.3 Conditional Use Permit 9g-029 authorizes ABC License Type "47" for the on-site sale and consumption of beer, wine and distilled spirits only. The sale of alcoholic beverages for off-site consumption is prohibited, except _partially consun~ed bottles of wine as permitted by the ABC Act. Rationale: The ABC Act specifically provides that patrons can take a partial consumed bottle of wine from a licensed premise. Aa =u~t~ financial statement separately identifying gross sales of foOd and alcohol must be submitted to the Community Development Director for review annually. The gross receipts of food sales must exceed the gross receipts of alcohol sales. In the event the Applicant Offers_food specials such as di~.counts, the A_~t~li~ant shall be allowed to calculate gross_food receipts based on the acn*.aI_food value. If gross receipts of alcohol exceed food sales, the Community Dev¢lopmeat Director shall in/tiate proceeding to revoke the Conditional Use Permit. Rationale: In this ektremely competitive indust~, special pricing and offers of discounts are a normal part ofrnarketing and operations. Yet if the Applicant is not allowed to calculate food receipts based on the full actual value, the Applicant is penalized even though the same amotmt of food is served. No off-site sale Or consumption of alcohol for any type of ABC license is authorized. All alcoholic beverages shall be consumed on site, excerpt partiall_v consumed bottles oirwine as permitted b~ the ABC Act. - Rationale: The ABC Act specifically provides that pau'ons can take a partial consumed bottle of wine from a licensed premise. Hours of sales of beer, wine and distilled spirits shall be limited to the hours when food is available, or otherwise permitted herein, Full service Letter to Planning Commission February 22, 1999 Page 3 0£4 of food menu items shall be available in the restaurant during all business hours until one (]) hours p. rior to close. Rationale: This allows the operator oft.he restaurant flexibility regarding starting the clean-up of the kitchen area. 2.4 2.7 2.10 2.13 Operati,~g hours shall be consistent with the other business within the commercial center. The closing hours shall be limited to 2:00 a.m. ~even days a week4. Rationale: The ABC Act specifically provides that licensed a premise can sell and serve alcoholic beverages until 2:00 a.m. In this case, there are other restaurants in the area that close at 1:30 a.m. to 2:00 a.m. and other businesses in the center and surrounding area that are open 24 hours. Request a determination of the maximum seating capacity based on the current parking summary that was submitted with the application. Rational'e: The Applicant has provided the current parking status. A maximum of five coin operated video games and t~o f2) billiard tattles shall be permitted within the mm floor dining room. , R~onale: ~e ~s~t concept ~cl~es ~ement devises in m~ ~g ~ea ve~ m~h like ~t of"Dave ~d B~rs" or "G~e Wor~" reamingS. ~e dining room wo~d still ~ ~~ly devomd to ~g rubles ~d food se~. Delete in its entirety. Rationale: It is unreasonable to require tha~ patron must stand at a fixed bar area. All other restaurants in the area are pertained to provide bar stool seating at a fixed bar, whether for food, beverage or both. Letter to Planning Commission February 22, 1999 Page 4 of 4 2.14 Delete and replace with the following: The ~pper at I0,'$0 p.m. and thc main dining area and lounge area shall close at Rationale.. Them are other rcs~aur~ts in thc ~a that arc permitted to close dining areas prior to their bar areas and it also pe.rrnits an operator to. begin cleaning at a reasonable time. The Applicant agrees with the balance of the proposed conditions of approval and respectfully requests your consideration of the above changes. Thm~k you for your sincere consideration of thc request. ResPectfully submitted, ITEM#2 Report to the Planning Commission DATE: SUBJECT: MARCH 8, 1999 CONDITIONAL USE PERMIT 98-029 APPLICANT/ PROPERTY OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: 'REQUEST: LARRY SMITH RED HILL RESTAURANT, INC. 14131 RED HILL AVENUE TUSTIN, CA 92780 14131 RED HILL AVENUE RETAIL COMMERCIAL (C-1; 10, 000) THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION FOR THE ON-SITE SALE OF ALCOHOLIC BEVERAGES (ABC LICENSE TYPE "47") IN CONJUNCTION WITH A NEW RESTAURANT. RECOMMENDATION That the Planning Commission adopt Resolution No. 3655 approving Conditional Use Permit 98-029, as conditioned. Background On February 22, 1999 the Planning Commission provided direction to staff to modify proposed conditions of approval within Resolution No. 3655. The Planning Commission considered the resolution contained within the February 22, 1999 staff report (Attachment A) and a letter from the applicant dated February 22, 1999 (Attachment B). Each proposed modification is listed below: Modify Conditions 1.4 and 2.1 to prohibit off-site consumption with the exception of partially consumed bottles of wine as authorized by Section 23396.5 of the Business and Professions Code. The applicant provided references to State law (Attachment C) and staff was able to verify that removing partially consumed bottles of wine from the premises would be permitted with a Type 47 license. Planning Commission Repo,, Conditional Use Permit 98-029 March 8, 1999 Page 2 Modify Condition 1.8 to require audited financial statements and schedules. Add Condition 1.11 to require the applicant to post a security bond to ensure removal of bar stools, coin operated video games, and pool/billiard tables consistent with modifications to ConditiOns 2.10 and 2.13. Modify Condition 2.3 to delete reference to "full" service of menu items and clarify that food shall be served during' all business hours. Modify Conditions 2.10 and 2.13 to allow bar seating, coin operated video games, and pool tables for a temporary (six month) period. During this period, the Planning Commission will reaffirm or modify the provisions of the Alcoholic Beverage Sales Establishment Guidelines which prohibit these types of uses in conjunction with a restaurant. Modify Condition 2.14 to describe restaurant functions required during business hours. Add Conditions 2.15, 2.16, and 2.17 to require no loitering signs at the entrance of the restaurant, removal of litter from the exterior areas around the premises, and modification of public telephones inside the restaurant to prevent incoming calls. Add Conditions 3.4, '3.5, and 3.6 to require a plan submittal for a trash enclosure, repair and maintenance of landscaping and irrigation, and repair and/or replacement of the existing monument sign. Karen Peterson Acting Senior Planner -Elizabeth A. ~insack'- Director of Community Development Attachments: s:\pcreport\cup98o029-3-8 Attachment A- February 22, 1999 Staff Report Attachment B - February 22, 1999 letter from Michael Cho Attachment C - FeSruary 23, 1999 letter from Michael Cho Resolution No. 3655 Planning Commission Mir,,..,~s March 8, 1999 Page 2 Commissioner suggested the resi~ stated that Councilman Potts addressed the HOA's concerns and appear before the City Council at their next meeting. John Higgins, there may be funding with staff on the issue. HOA, stated his concerns about railroad noise and noted that h OCTA, County or the State and he would be happy to work Commissioner Browne noted and aSked Mr. Higgins if that the whistle of the train is the concern where he resides case for Peppertree. John Higgins noted that it is the and deceleration of coming into new maintenance of the tracks and acceleration station. Commissioner Davert encouraged both the City Council. groups to forward their concerns to CONSENT CALENDAR: 1. Minutes of the Fi 999 Planninc ' ' Meeting. Commissioner Davert moved, Commissioner Kozak February 22, 1999 minutes. Motion carried 4-0. 'to approve the . Conditional Use Permit 98-029 a request for authorization of on-site sale of alcoholic beverages (ABC License Type 47) in conjunction with a new restaurant. The project is located at 14131 Red Hill Avenue within the Retail Commercial (C-1, 10,000) zoning district ...... APPLICANT/ PROPERTY OWNER: LARRY SMITH RED HILL RESTAURANT, INC. Recommendation That the Planning Commission adopt Resolution No. 3655 approving Conditional Use Permit 98-029, as conditioned. If conditions are modified, staff may alter the recommended action. Commissioner Davert pulled this item for discussion and noted that the applicant may have questions on the conditions and staff provided a revised resolution to'the Commission. Planning Commission M~m,,,~es March 8, 1999 Page 3 Lori Ludi noted the revisions included the inclusion of coin operated games in Condition 1.11 and revised Condition 2.10 to be more flexible in evaluating the existing guidelines at a future date and further noted that the language was recommended by the City Attorney's office. Michael Cho, attorney for applicant, thanked the Commission and noted Condition 2.14 was never discussed in the two prior Planning Commission meetings and stated that Alcohol Beverage Control has deleted the designation of eighty (80) percent of the premises requirement. Lori Ludi noted that staff used this type of language for restaurants with this type of licensing to' ensure that operations are strictly a restaurant and nothing more. Chairperson Pontious stated the condition is reasonable. Michael Cho stated that the issue was not addressed in prior meetings and ABC is not going to include this condition and asked that it be deleted. Lori Ludi stated that the language is an expansion of an existing condition. Commissioner Browne noted that utensils, table service and condiment dispensers are easily provided. Michael Cho, attorney for applicant, withdrew the request to delete Condition 211.4 and stated his understanding of Condition 2.4 was the doors will close but patrons inside the restaurant may remain to complete their meal or dining experience. He further noted that Bill Wong of Alcohol Beverage Control stated that they would interpret the City's condition regarding closing hours to mean that all sales, service and consumption shall cease at the hours outlined. ABC has proposed conditions that all sales, service and consumption shall cease at midnight Sunday through Thursday and 1:00 a.m. Friday and Saturday. Commissioner Browne asked staff if language'~could be created to ensure that the ABC understands the Commission's interpretation of the condition. Lois Bobak stated that would create an enforcement problem for the Police Department and believes the applicant's attorney has a good point in that closed should mean all patrons are out of the premises but she does not know how the City regularly enforces this provision in regards to other restaurants. Chairperson Pontious referenced the closing hours of other restaurants in the vicinity. Commissioner Kozak reminded everyone of the sensitive uses in the area and asked if staff had seen conditions from the ABC and inquired if the ABC would be guided by the City's use permit. Planning Commission Min~...,s March 8, 1999 Page 4 Lori Ludi responded that the ABC board has seen the City's draft resolution and staff has seen the ABC's draft conditions. She further noted that ABC will not final their conditions until after the Planning Commission's approval. Commissioner Kozak clarified to the applicant that the ABC has not yet ruled on the hours. Michael Cho indicated that although the Commission will allow the applicant to stay open for an additional hour to allow customers to finish their meals, the ABC states that at the closing hour, there should be no further service. Chairperson Pontious noted the Lone Star Steakhouse is also in a sensitive area and was given the closing hours of 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday and proposed that the hours be changed to 1:00 a.m. on Friday and Saturday. Commissioner Davert stated that he was satisfied with the original hours and noted that the Commission has negotiated extensively with the applicant. Michael Cho, attorney for applicant, asked that language be included in the resolution stating that the City's definition of being closed is not ceasing of sales, service and consumption but rather no new customers and can continue to operate until customers are finished. Commissioner Davert inquired if the hours could remain the same as proposed but give the applicant a maximum of 30 minutes. Lois Bobak, Deputy City Attorney, responded that from an enforcement standpoint, it is easier to have a time period when the restaurant is closed and all patrons are expected to be out. Commissioner Browne inquired if the Commission could have the CUP indicate one time and tell the ABC it is another time. Lois Bobak, Deputy City Attomey, indicated that the ABC would accept and enforce any condition that the City imposed. Commissioner Davert indicated that the Commission has gone to great lengths to accommodate the applicant without compromising the neighborhood and the applicant can come back with a request for a modification if there is a problem in the future. Michael Cho, attorney for applicant, asked that the record show the Commission's definition of closing because the ABC condition is going to be applied differently. Planning Commission M~futes March 8, 1999 Page 5 Lois Bobak, Deputy City Attorney, stated she believed that the Commission is adopting ABC's definition of closed, meaning doors are closed with no patrons on the premises. Larry Smith, applicant, stated that, at the prior Commission meeting, he understood that patrons would be allowed to finish their meal which is not indicated in the resolution. Commissioner Pontious indicated that she believed ABC's emphasis'was on actual consumption of alcohol. Karen Peterson indicated that Bill Wong of ABC stated that while the ABC does apply these conditions, there is some flexibility in their enforcement and they recognize some time is needed to close and finish serving patrons. Larry Smith, applicant, stated that if ABC conditions state that closing is 11:00 p.m. and there are drinks on the table, he will be cited. Commissioner Davert indicated that the hours should remain the same with the intent that there will be no new patrons after closing time. Lois Bobak indicated that it is important to put an outside limit on the hours and suggested that the Commission add a condition that requires the doors be closed ¼ hour or 45 minutes before the closing time or add a ~ hour onto the clOsing time after the doors are closed. Commissioner Davert recommended that the Commission put a'deadline of 30 minutes after the closing hours. Commissioner Kozak suggested language for Condition 2.4 indicating no patrons on the premises 30 minutes after the cl'osing time. Resolution No. 3655 was changed as follows: Condition 2.4 addition of sentence to read: "No new patrons shall be admitted after the closing hours and patrons shall vacate the premises within thirty (30) minutes after closing time." Commissioner Davert moved, Commissioner Kozak seconded, to adopt Resolution No. 3655 approving Conditional Use Permit 98-029, as revised. Motion carried 4-0. PUBLIC HEARINGS: . Above Ground Desiqn Guidelines and Ordinance The purpose of these guidelines is to the placement .and design of above ground cabinets in conjunction City permitted use of the public right-of-way. These guidelines are intended t the potential for negative environmental ATTACHMENT NO. 6 PLANNING COMMISSION RESOLUTION NO. 3655 ]7 18 ]9 22 23 24 26 27 28 RESOLUTION NO. 3655 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 98-029 AUTHORIZING APPROVAL TO OBTAIN AN ABC LICENSE (TYPE 47) FOR THE ON-SITE SALE AND CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS IN CONJUNCTION WITH A NEW RESTAURANT. The Planning Commission finds and determines as follows: Ao That a proper application for Conditional Use Permit 98-029, was filed by Larry Smith, requesting authorization to obtain a license for the on-site sales and consumption of beer, wine and distilled spirits (ABC License Type "47") in conjunction with a new existing restaurant located at 14131 Red Hill Avenue, Tustin. B. That a public hearing was duly called, noticed and held on said application on February 8, February 22, and March 8, 1999 by the Planning Commission. Ce That the proposed restaurant use is allowed within the C-1 (Retail Commercial) Zoning District, with the approval of a Conditional Use Permit. D. That the establishment, maintenance,, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: . The proposed project, as conditioned, complies with adopted Planning Commission guidelines for alcoholic, beverage sales establishments which have been established and Considered to mitigate potential impacts associated with the sale of alcohol in conjunction with restaurants. e As conditioned,'the sale of alcoholic beverages would be limited to privileges for a type 47 license. Sales of alcoholic beverages for off- site consumption is prohibited except as authorized in the Business & Professions Code SectiOn 23396.5. · e The sale of alcohol would only be authorized in conjunction with a restaurant use. . Sales of beer, wine and distilled spirits will be permitted only when food is available. Food provided will be prepared on the premises. Granting of a temporary use permit to .allow up to five coin operated games, two pool/billiard tables and a total of 16 "bar seats" on the restaurant premises shall be for six months commencing on March 15, 1999. During this temporary period, the Planning CommissiOn shall consider if it is appropriate to amend the Alcoholic Beverage Sales Establishment Guidelines to allow "bar seating", coin operated video games and pool/billiard tables. Granting of the temporary use permit does not guarantee that "bar seating", coin operated video games and pool/billiard tables will be permitted for a period longer than as stated in Condition 2.10 of this resolution. The applicant has agreed to remove these amenities and improvements immediately at l0 2! 22 24 R~solution No. 3655 Conditional Use Permit 98-025 March 8, 1999 Page 2 his sole expense if the Planning Commission does nOt amend the 'Alcoholic Beverage Sales Establishment Guidelines to permit these amenities and improvements. . The applicant has not requested approval to locate any sexually oriented business or use within the proposed restaurant. In addition, sexually oriented businesses are not permitted within the Retail Commercial (C-1) zoning district. Therefore, no sexually oriented businesses will be conducted on the premises. . . All persons serving beer, wine and distilled .spirits will be eighteen (18) years of age or older and supervised by someone twenty-one (21) years of age or older. The supervisor will be present in the same area as point of sale. A parking sdmmary will be submitted and approved by the Community Development Department if any increase in the 150 seats is proposed. Eo That this project is Categorically Exempt from the requirements of the Califomia Environmental Quality Act, pursuant to Section 15301 (Class 1 ). II. Fo That the project has been reviewed for consistency with the Air Quality Sub- element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. The Planning Commission hereby approves Conditional Use Permit No. 98-029 authorizing the on-site sale and consumption of beer, wine and distilled spirits (ABC License Type "47") in conjunction with a new'restaurant located at 14131 Red Hill Avenue, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Plahning Commission of the City of Tustin at a regular meeting held on the 8"' day of March, 1999. LESLIE A. PONTIOUS Chairperson ELIZABETH A. BINSACK Planning Commission Secretary 29 14 20 2! 22 24 25 2? 28 Resolution No. 3655 Conditional Use Permit 98-02~ March 8, 1999 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF.TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, Califomia; that Resolution No. 3655 was duly pas.sed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8"' day of March, 1999. Planning CommiSsion Secretary GENERAL (1) (1) 1.2 (1) 1.3 (1) 1.4 (1) (1) 1.7 'EXHIBIT A RESOLUTION 3655 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 98-029 The proposed project shall substantially conform with the submitted plans date stamped March 8, 1999, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to the plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code. Conditional Use Permit approval shall become null and void unless an Alcoholic Beverage Control License Type "47" is obtained from ABC and the sale and consumption of beer and wine commences within twelve (12) months of the date of this exhibit. Time extensions may be granted by the Community Development Department if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Approval of Conditional Use Permit 98-029 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. Conditional Use Permit 98-029 authorizes ABC License Type "47". The sale of alcoholic beverages for off-site consumption is prohibited, except partially consumed bottles of wine as authorized in the Business and Professional Code Section 23396.5. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. Unless otherwise specified, the conditionS contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval of the Community Development Department. Conditional Use Permit 98'029 may be reviewed on an annual basi§, 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 98-029, or is found to be a nuisance or negative impacts are affecting the surrounding 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. SOURCE CODES (2) (3). (4) STANDARD CONDITION (5) CEQA MITIGATION (6) UNIFORM BUILDING CODE/S (7) DESIGN REVIEW *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION EXhibit A Resolution No. 3655 Conditional Use Permit 98-029 March 8, 1999 Page 2 (5) Audited financial statements and schedules separately identifying gross sales of food and gross sales of alcohol, must be submitted to the Community'Development Director for annual review. The gross receipts of food sales must exceed the gross receipts of alcohol sales. If gross receipts of alcohol 'exceed'food sales, the Community Development Director shall initiate proceedings to revoke the Conditional Use Permit. 1.9 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.10 The applicant shall be responsible for costs associated with any necessary code enforcement action. (1) 1.11 The applicant shall post security in the amount of $2,500 for a period of nine months in the form acceptable to the City Attomey securing the removal of the bar stools, coin operated video games, and the pool/billiard tables temporarily approved herein for a period of no more than six months. The amount of said secudty is the estimated legal and administrative costs' associated with the enforcement of the temporary approval, including the estimated costs of removing the temporarily approved bar stools, coin operated video games, and pool/billiard tables. If the City extends the time of the temporary approval, the applicant shall post new or extended security, which secudty shall expire no earlier than the 90"' day following the expiration of the approval extension, and the amounts thereof may then be adjusted to reflect any new estimated costs associated with the enforcement of said temporary approval. USE RESTRICTIONS (3) 2.1 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. (5) 2,2¸ No outdoor seating shall be permitted unleSs a separate Conditional Use Permit is approved pursuant to the current provisions of the Tustin City Code. (2) 2.3 Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Service of food menu items shall be during all business hours. (2) 2.4 Operating hours shall be consistent with other businesses within the commercial center. The closing hours shall be 11:00 p.m. Sunday through Thursday and 12:00 a.m. Friday and Saturday. No new patrons shall be admitted after the closing hours and patrons shall vacate the premises within thirty (30) minutes after closing time. (2) 2.5 The menu of the restaurar)t shall consist of foods that are prepared on the premises. E~hibit A Resolution No. 3655 Conditional Use Permit 98-029 March 8, 1999 Page 3 (1) 2.6 All persons selling alcoholic beverages shall be eighteen (18) years of age or older and shall be supervised by someone twenty one (21) years of age or older. A supervisor shall be present in same area as point of sale. (5) 2.7 The maximum number of seats shall comply with the number of available off-street parking spaces within the entire center. A request for additional seats requires submittal of a current parking summary, which must be reviewed and approved by the Community Development Department prior to increasing the number of seats. (2) (2) 2.8 2.9 Live entertainment and public dancing shall be located entirely within the interior of the restaurant during normal business hours. No sexually odented business shall be conducted on the premises. Authorization for the on-site sales of beer, wine and distilled spirits (ABC License .Type "47") is contingent upon the use of the subject premises remaining a restaurant. Should this use change or be discontinued, authorization for this use permit is null and void. (7) 2.10 A temporary use permit shall be granted for a period of six months, or until amendments to the Alcoholic Beverage Sales Establishment Guidelines, regarding "bar seating", coin operated video games and pool/billiard table regulations have been adopted, which ever time frame is shorter. The six month period shall commence from March 15, 1999. The temporary use permit shall allow 12 "bar seats" within the lounge area and 4 "bar seats" within the main level .dining room, up to five coin operated video games and two pool/billiard tables (also referred to as amenities and improvements) on- .the premises. If the Guidelines are amended to allow any amenities or improvements, the Community Development Department may approve the amenities and improvements that are permitted by the Guidelines administratively. Approval for any amenities that are not allowed by the amended Guidelines shall become null and void and those amenities shall be removed within 'ten (10) days of the Planning Commission's determination at the owner's sole expense. (5) 2.11 The applicant shall obtain a Public Dancing Permit and an Entertainm. ent Permit from the Community Development Director prior to offering public. dancing and live entertainment on the premises. (5) 2.12 Any bar located within the facility Shall function as a food/beverage service bar. (7) 2.14 The entire facility, which includes all three (3)levels, shall operate exclusively as a restaurant. During business hours, at least 80%-of the premises shall be designed and used for and must posses the necessary utensils, table service and condiment dispensers with which to serve meals to the public. (1) 2.15 "No Loitering" signs shall be posted at the entrance of the business. (1) 2.16 All litter shall be removed from the extedor area around the premises including adjacent' public sidewalk areas 'and parking areas no less frequently than once each day that the business is open. Exhibit A Resolution No. 3655 Conditional Use Permit 98-029 March 8, 1999 Page 4 (1) 2.17 Public telephones inside and adjacent to the establishment shall be modified to prevent incoming calls. SITE PLAN, FLOOR PLANS & ELEVATIONS (4) 3.1 Exterior elevations of the building shall indicate any existing or proposed fixtures or equipment to be located on the roof of the building, equipment heights and type of screening. All roof mounted equipment, vents, exhausts or other roof penetrations shall be located a minimum of 6 inches below the'top of parapets. (3) 3.2 Three (3)inch striping detail shall be shown for all parking spaces. Handicapped markings shall be provided on the designated accessible parking space. (5) 3.3 The project shall meet all applicable requirements set forth in the Tustin Security Code relating to commercial structures, including lighting and locking devices. The City's Security Ordinance requires that lighting at exterior doors, driveways, and parking areas shall provide a minimum' of one (1) foot-candle of illumination. All exterior lighting shall be consistent with the center and arranged so as not to direct light or glare onto adjacent properties or streets. 3.4 Plans for a trash enclosure shall be submitted to the Community Development Department for review and approval. The plans shall include information regarding the proPoSed self-closing and self-latching gate, size dimensions, setbacks, ~..~lors and materials. The trash enclosure shall be at least six (6) feet in height and comply with the Great Western Reclamation standards. The trash enclosure size shall have the ability to accommodate the City's recycling program. (1) 3,,5 The existing landscape planters on the site shall be repaired, irrigated and planted. The planters and landscaping materials shall be continuously maintained in an appropriate manner. An automatic irrigation system shall be installed and the landscaping shall be watered on a regular basis. All weeds and dead landscaping shall be removed immediately, replaced, and maintained with healthy plants. (1) 3,6 The existing monument sign for the restaurant shall be repaired, painted, and/or replaced. A new sign shall comply with the City of Tustin Sign Code. Plans shall be submitted to the Community Development Department for review, approval, and permits. I~xhibit A Resolution No. 3655 Conditional Use Permit 98-029 March 8, 1999 Page 5 BUILDING DIVISION (3) 4.1 In compliance with the Uniform Building Code. (Application for Permit) and prior to the issuance of a building permit, the applicant, designer, Architect or Engineer must submit building, plans to the Building Division for review and approval. (3) 4.2 in compliance with the California Code of Regulations, Tiffe 24 Part 2, Accessibility Standards, and prior to the plan check approval, the designer, Architect or Engineer must provide designs for accessibility for the physically challenged to the Building Division for their review and approval prior to the issuance of a building permit. (3) 4,3 In compliance with the' Department of Justice .(Office of the Attorney General) this condition is for the accessibility for the proposed project, the designer, Architect or Engineers proposed project must comply with the Americans with' Disabilities Act (ADA) (Federal Register). (3) 4,4 In compliance with the Tustin City Code, (Health Code) and prior to the issuance of a building permit, the designer, Architect or Engineer must submit plans to the Orange County Health Department for project approval; and must submit 'the approved plans to the City of Tustin Building Division for their review and approval prior to the issuance of a building permit. FIRE (3) Prior to the issuance of any building permits, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or pdvate. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of buii~ling permits. Provisions shall be made by the applicant for the repair and maintenance of the sYstem, in a manner meeting the approval of the Fire Chief. (3) 5.2 Street Markings: A. Pdor to the issuance of any grading permits, the applicant shall. submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. Exhibit A Resolution No. 3655 Conditional Use Permit 98-029 March 8, 1999 Page 6 Be Prior to the issuance of the certificate of use and occupancy the 'approved fire lane marking plan shall be installed. 'The plans shall contain a fire lane map and provisions which prohibit parking in the' fire lanes. A method of enforcement shall be included. (3) FEES (1) 5.3 6.2 (5) 6.1 Prior to installation, plans for an approved fire-suppression system for the protection of cOmmercial-type cooking equipment shall be submitted to the Fire Chief for review and approval. Prior to the issuance of any building permits, payment shall be made of all applicable building and Orange County Fire Authority plan check and permit fees to the Community Development Department, based on the most current fee schedule. 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 $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environ.mental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. s:pcreso/3655LL.doc