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HomeMy WebLinkAbout01 CUP 2013-14ITEM AGENDA • �Us�t1fi MEETING DATE: OCTOBER 21, 2013 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2013 -14 APPLICANT: SCOTTLOCKERD ART BAR, LLC 8502 E. CHAPMAN #601 ORANGE, CA 92869 LOCATION: 2479 PARK AVENUE PROPERTY OWNER: JEFF AXTELL VESTAR / KIMCO TUSTIN, L.P. 2425 E. CAMELBACK ROAD, STE. 750 PHOENIX, AZ 85016 GENERAL PLAN: MCAS TUSTIN SPECIFIC PLAN ZONING: MCAS TUSTIN SPECIFIC PLAN DISTRICT (SP1) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO AUTHORIZE (1) A COMMERCIAL RECREATIONAL FACILITY PROVIDING ART CLASSES AND (2) ALLOW ALCOHOLIC BEVERAGE SALES OF BEER AND WINE FOR ON -SITE CONSUMPTION (ABC LICENSE TYPE 42) WITHIN AN EXISTING TENANT SPACE LOCATED AT 2479 PARK AVENUE. Zoning Administrator October 21, 2013 CUP 2013 -14 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action No. 13 -009 approving Conditional Use Permit 2013 -14 to establish commercial recreational facility for art classes and allow on -site sales of beer and wine for on -site consumption within public premises (Type 42) in conjunction with the art classes. APPROVAL AUTHORITY The project site is located within the MCAS Tustin Specific Plan (SP1) District Planning Area 19. MCAS Tustin Specific Plan Section 3.8.4A.2 permits commercial recreational facilities and on -site alcoholic beverage sales subject to the approval of a Conditional Use Permit (CUP). MCAS Tustin Specific Plan Section 4.1 and Tustin City Code Section 9299b(3)(f) authorizes the Zoning Administrator to review applications for minor conditional use permits for existing developments where there would be no change in primary use, no expansion of the floor area, and the request would not alter the original intent of the project site. BACKGROUND Location The tenant space is located within Promenade (Lifestyle) area of The District commercial development. Surrounding uses include retail stores, restaurants, a movie theater, and a bowling alley. The Promenade is a shopping and entertainment area with a mix of small retail tenants, boutiques, casual dining and full service restaurants, and entertainment venues. The District Promenade Zoning Administrator October 21, 2013 CUP 2013 -14 Page 3 Surrounding Properties The properties to the southeast of the Promenade area include restaurants, service businesses and large retailers such as Wells Fargo, Wholefoods, Michaels and TJ Maxx Homegoods. The areas northeast of the Promenade include other large retail businesses, such as Lowe's, Target and Costco, as well as restaurant uses. Northwest of the Promenade is the Armory. The uses to the southwest, across Barranca Parkway, include office and light industrial businesses and are within the City of Irvine. ANALYSIS AND DISCUSSION: Project Description The applicant is proposing to open an art studio, Pinot's Palette, where groups can participate in art classes while enjoying beer and wine. The applicant is proposing to operate the business as a franchise, benefiting from an established business model and corporate support, while independently owning the business. The art classes would provide the participants an atmosphere where they can learn, create, socialize, and drink, resulting in a unique entertainment experience. Commercial Recreational Facility The proposed business is part of a growing "Paint and Sip" industry that is similar to other create -your- own - product businesses. The applicant plans to construct tenant improvements including a small raised stage for the instructor, movable tables and chairs for the participants, a bar counter, storage areas, and restrooms. The proposed floor plan shows that the classes would contain approximately thirty (30) participants. e a !1@ e e eel e e Proposed Floor Plan The applicant has indicated that Pinot's Palette is geared towards providing a "fun night out through art entertainment" in the form of 2 -hour to 3 -hour painting classes where an artist gives step -by -step instructions on how to create your own version of the featured painting. The art classes may serve as a way to have a night out with friends, go on a date, or celebrate special occasions like birthdays and anniversaries. Zoning Administrator October 21, 2013 CUP 2013 -14 Page 4 The nature and operation of the use is compatible with the proposed location, being in The District Promenade area, which is intended to function as a shopping, dining and entertainment core. Pinot's Palette's proposed hours of operation are from 10:00 AM to 10:00 PM, daily. Beer and Wine Sales The proposed Pinot's Palette includes a request for on -site alcohol sales, which is ancillary and in conjunction with the proposed art classes. In other words, alcoholic beverage sales must occur while art classes are in session. The proposed Pinot's Palette at The District would be considered a public premises establishment by the Department of Alcoholic Beverage Control and have different requirements and restrictions than a full service restaurant serving beer and wine, such as no minors on the premises and food service is not required. The applicant has indicated that the business will cater to persons aged 21 and older, in adherence to the State requirements for a Type 42 license. Appropriate signs will be posted at the tenant space informing the public about the minimum age requirement. The proposed sale of alcoholic beverages for on -site consumption can be authorized in conformance with the City's Alcohol Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001, and the applicable zoning code regulations. Pursuant to the City's Alcohol Beverage Sales Guidelines, the proposed use is considered as an Indoor Recreation Facility, an establishment that designates more than 50 percent of the total square footage to entertainment services. The submitted application states that approximately 80 percent of sales are estimated to be from alcohol and 20 percent from food. The types of food sold include prepackaged crackers, cheese, olives, chips, and chocolate and no food preparation will be conducted on -site. As a proposed Type 42 Beer and Wine Public Premises establishment, having a majority of sales coming from alcoholic beverages is consistent with the MCAS Tustin Specific Plan and the Alcoholic Beverage Sales Establishment Guidelines. Pursuant to MCAS Tustin Specific Plan Section 3.14.26.1, the proposed use is not subject to distance requirements. Zoning Administrator Action 13 -009 contains conditions that are consistent with the City's Alcoholic Beverage Sales Establishment Guidelines for on -site sale and consumption of alcoholic beverages within public premises. Parking The project site is within an existing shopping and entertainment center. No expansion to the tenant space is proposed and therefore no additional parking will be required. Zoning Administrator October 21, 2013 CUP 2013 -14 Page 5 FINDINGS: In determining whether to approve the Conditional Use Permit for the on -site alcoholic beverage sales, the Zoning Administrator must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin. A decision to approve this request may be supported by the following findings: 1) Pursuant to MCAS Tustin Specific Plan Section 3.8.4A.2, the proposed commercial recreational facility use is allowed within the MCAS Tustin Specific Plan — Planning Area 19 district with the approval of a Conditional Use Permit. 2) Pursuant to MCAS Tustin Specific Plan Section 3.8.4A.2, the proposed sale of on -site beer and wine sales within public premises use is allowed within the MCAS Tustin Specific Plan zoning district with the approval of a Conditional Use Permit. 3) As conditioned, the proposed on -site consumption of beer and wine is consistent with the Alcoholic Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001. 4) The on -site consumption of beer and wine would be in conjunction with a commercial recreational facility where the primary activities are art classes. 5) The project site is within Planning Area 19 of the MCAS Tustin Specific Plan district, where alcoholic beverage sales establishments are exempt from distance separation requirements to residential uses, sensitive uses and other alcoholic beverage sales establishments. 6) The proposed use is located within a retail center where a variety of retail, entertainment, and restaurant uses are located. The hours of operation are proposed to be 10:00 a.m. to 10:00 p.m., daily. The characteristics of the proposed uses and hours of operation would be similar to other businesses in the center and in the vicinity. 7) The proposed commercial recreational use and sales of beer and wine are to be located within an existing tenant space. There is no increase in square footage proposed, therefore no additional parking spaces need to be provided. 8) The Tustin Police Department has reviewed the application and has no immediate concems. Zoning Administrator October 21, 2013 CUP 2013 -14 Page 6 Staff recommends that that the Zoning Administrator adopt Zoning Administrator Action No. 13 -009 approving Conditional Use Permit 2013 -14 to establish a commercial recreational facility and allow onsite sales of beer and wine in conjunction with art classes within an existing 1,800 square -foot tenant space located at 2479 Park Avenue, within The District shopping center. L Edmelynne . Hutter Senior Planner Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. ZAA 13 -009 ATTACHMENT A LOCATION MAP Q'YISTIN RANCH RD 500, tiF ki LOCATION MAP CUP 2013-14 2479 PARK AVENUE PROJECT SITE 0 0 FA ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT (CUP) 2013 -14 2. LOCATION: THE DISTRICT (a) TUSTIN LEGACY — LIFESTYLE CENTER 3. ADDRESS: 2479 PARK AVE. 4. TRACT: 16695 5. APN:434- 441 -16 6. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: DDA 04 -002 CP 04 -001 DR 04 -010 VAR 04 -002 CUP 04 -015 CUP 07 -010 7. SURROUNDING LAND USES: NORTH: COMMERCIAL SOUTH: COMMERCIAL - INDUSTRIAL WEST: MILITARY EAST: COMMERCIAL 8. SURROUNDING ZONING DESIGNATION: NORTH: MCAS TUSTIN SPECIFIC PLAN (SP -1) SOUTH: CITY OF IRVINE WEST: MCAS TUSTIN SPECIFIC PLAN (SP -1) EAST: MCAS TUSTIN SPECIFIC PLAN (SP -1) 9. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: MCAS TUSTIN SPECIFIC PLAN SOUTH: CITY OF IRVINE WEST: MCAS TUSTIN SPECIFIC PLAN EAST: MCAS TUSTIN SPECIFIC PLAN 10. SITE LAND USE: A. EXISTING: SHOPPING CENTER (COMMERCIAL) PROPOSED: SAME B. GENERAL PLAN: MCAS TUSTIN SPECIFIC PLAN PROPOSED: SAME C. ZONING: MCAS TUSTIN SPECIFIC PLAN (SP -1) PROPOSED: SAME DEVELOPMENT FACTS: NO CHANGE TO EXISTING DEVELOPMENT 11. LOT AREA: 111.77 GROSS ACRES 12. RETAIL AREA: 1.045.619 SQUARE FEET 13. PARKING: SHARED PARKING ANALYSIS ATTACHMENT C SUBMITTED PLANS 7�,�Ij��ilial�b Hill i MR C e v z ATTACHMENT D ZONING ADMINISTRATOR ACTION 13 -009 ZONING ADMINISTRATOR ACTION 13 -009 CONDITIONAL USE PERMIT 2013 -14 2479 PARK AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines: A. That, a proper application for Conditional Use Permit (CUP) 2013 -14 was filed by Scott Lockerd, of Art Bar, LLC, requesting authorization to establish a commercial recreational facility providing art classes and sell beer and wine for on -site consumption within an existing 1,800 square foot tenant space located at 2479 Park Avenue; B. That the proposed land use is consistent with the MCAS Tustin Specific Plan, Tustin City Code and General Plan. The site is designated as MCAS Tustin Specific Plan by the City General Plan and is within the MCAS Tustin Specific Plan District (SP1) pursuant to Section 3.8.4A.2 where commercial recreational facilities and alcoholic beverage sales in public premises are conditionally permitted uses. The project is consistent with the Air Quality Sub - element of the City of Tustin General Plan; C. That pursuant to Section 9299b(3)(0 of the Tustin City Code, the Zoning Administrator has the authority to consider requests for minor conditional use permit for existing development where there would be no change in primary use, no expansion of the floor area, and the request would not alter the original intent of the project site; D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2013 -14 on October 21, 2013, by the Zoning Administrator; E. The use is located in an existing commercial area where a variety of retail and restaurant uses are located. The characteristics of the use and hours of operation would continue to be similar to other businesses in the vicinity; F. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1. The proposed commercial recreational facility use is allowed within the WAS Tustin Specific Plan District with the approval of a Conditional Use Permit. Zoning Administrator Action 13 -009 CUP 2013 -14 Page 2 2. The proposed sale of on -site alcoholic beverages within public premises use is allowed within the MCAS Tustin Specific Plan zoning district with the approval of a Conditional Use Permit. 3. As conditioned, the proposed on -site consumption of beer and wine is consistent with the Alcoholic Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001. 4. The on -site consumption of beer and wine would be in conjunction with a commercial recreational facility where the primary activities are art classes. 5. The project site is within Planning Area 19 of the MCAS Tustin Specific Plan district, where alcoholic beverage sales establishments are exempt from distance separation requirements to residential uses, sensitive uses and other alcoholic beverage sales establishments. 6. The proposed use is located within a retail center where a variety of retail, entertainment, and restaurant uses are located. The hours of operation are proposed to be 10:00 a.m. to 10:00 p.m., daily. The characteristics of the proposed uses and hours of operation would be similar to other businesses in the center and in the vicinity. 7. The proposed commercial recreational use and alcoholic beverage sales are to be located within an existing tenant space. There is no increase in square footage proposed, so no additional parking spaces need to be provided. 8. The Tustin Police Department has reviewed the application and has no immediate concerns. G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby adopts Zoning Administrator Action 13 -009 approving Conditional Use Permit (CUP) 2013 -14 to establish a commercial recreational facility providing art classes with ancillary sales of beer and wine within an existing tenant space located at 2479 Park Avenue subject to the conditions contained within Exhibit A, attached hereto. Zoning Administrator Action 13 -009 CUP 2013 -14 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 21st day of October, 2013. ELIZABETH A. BINSACK ZONING ADMINISTRATOR VERA TISCARENO RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Vera Tiscareno, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 13 -009 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 21st day of October, 2013. VERA TISCARENO RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 13 -009 CUP 2013 -14 2479 PARK AVENUE CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 21, 2013, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 2013 -14 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk - Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.6 Conditional Use Permit 2013 -14 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 2013 -14, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) CALIFORNIA BUILDING CODE /S (7) PC /CC POLICY (4) DESIGN REVIEW * ** EXCEPTIONS Exhibit A Conditions of Approval CUP 2013 -14 Page 2 conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.7 As a condition of approval of Conditional Use Permit 2013 -14, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision - making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.9 Approved uses shall operate within all applicable State, County, and the Tustin City Code. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or of the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject Conditional Use Permit, as provided for the Tustin City Code. USE RESTRICTIONS (1) 2.1 The applicant shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site (Type 42). A copy shall be provided to the City prior to operating the alcoholic sales. (1) 2.2 Approved uses shall operate within all applicable State, County and Tustin City Codes. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or of the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject Conditional Use Permit, as provided for the Tustin City Code. (1) 2.3 No loitering signs shall be placed near the entrance on the outside of the premises or in other specified locations where alcoholic beverages are sold. Exhibit A Conditions of Approval CUP 2013 -14 Page 3 (1) 2.4 All litter shall be removed from the exterior areas around the premises including public sidewalk areas, no less frequently than once each day that the business is open. (1) 2.5 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (1) 2.6 Business operations shall be in a manner which does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (1) 2.7 This approval authorizes a Type 42 ABC License (on -site beer and wine sales public premises) in conjunction with a commercial recreation facility that offers art classes. Any changes to the use and /or upgrades to the ABC License shall be reviewed and approved by the Community Development Director. (1) 2.8 Authorization for on -site sales of alcohol in conjunction with the proposed use is contingent upon the use remaining at the subject site. At such time the use is discontinued or no longer the primary use of the site, the conditional use permit shall be deemed null and void. (1) 2.9 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. (1) 2.10 Business hours are limited to the following: 10:00 AM to 10:00 PM, Daily Modifications to the hours of operation may be approved by the Community Development Director if it is determined that no impacts to the surrounding tenants or properties will occur. (1) 2.11 Any live entertainment provided at the project site shall comply with TCC Section 3231 et seq. regarding Live Entertainment. (1) 2.12 All persons serving alcoholic beverages within an establishment other than a restaurant must be 21 years of age or older. (1) 2.13 All business patrons shall be at least 21 years of age. The applicant shall post signage to inform the public of the minimum age requirement. (1) 2.14 No outdoor seating is allowed at the site without approvals in accordance with the Tustin City Code. Exhibit A Conditions of Approval CUP 2013 -14 Page 4 (1) 2.15 Ambient noise of the on -site sales facility shall not exceed the standards of the City of Tustin Noise Ordinance. PLAN SUBMITTAL (1) 3.1 At the time of building permit application, the plans shall comply with the latest edition of State and City of Tustin adopted codes: California Building Code, California Electrical Code, California Plumbing Code, City Ordinances, and State and Federal laws and regulations. FEES (1) 4.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building and Planning plan check and permit fees 0,5) 4.2 Within forty -eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty -eight (48) hour period the applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.