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HomeMy WebLinkAboutZA Action Agenda Report 5-20-14Gt'si' O ;A AGENDA REPORT GSTti MEETING DATE: MAY 20, 2014 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2014 -02 APPLICANT: ENRICO POZZUOLI POZZUOLI WINERY, INC. 15481 RED HILL AVE., SUITE C TUSTIN, CA 92780 LOCATION: 140 E. MAIN STREET PROPERTY OWNER: PHILLIP K. COX COX'S MARKET PLAZA P.O. BOX 6069 BROOKINGS, OR 97415 GENERAL PLAN: OLD TOWN COMMERCIAL ZONING: CENTRAL COMMERCIAL (C2), CULTURAL RESOURCES OVERLAY (CR) AND PARKING OVERLAY (P) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO AUTHORIZE A MICRO - WINERY, TASTING ROOM AND ANCILLARY BREWERY WITHIN AN EATING ESTABLISHMENT IN AN EXISTING 1,052 SQUARE -FOOT TENANT SPACE. Zoning Administrator May 20, 2014 CUP 2014 -02 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action No. 14 -001 approving Conditional Use Permit 2014 -02 to establish and operate a micro - winery, tasting room and ancillary brewery within an eating establishment located in an existing 1,052 square -foot tenant space at 140 E. Main Street. APPROVAL AUTHORITY The project site is located within the Central Commercial (C2) Zoning District, Cultural Resources (CR) Overlay District and Parking Overlay (P) District. Pursuant to Tustin City Code (TCC) Section 9252j3.(c), the CR zoning district permits and encourages micro -winery and tasting room uses; and TCC Sections 9233b1 and 9232b2 states that alcoholic beverage sales establishments are conditionally permitted. Tustin City Code Section 9299b(3)(g) authorizes the Zoning Administrator to review applications for minor conditional use permits for alcoholic beverage sales. BACKGROUND The project site is located in the heart of Old Town Tustin, within an existing 10,466 square -foot historical shopping center known as Cox's Market Plaza. The shopping center is bounded by Main Street to the north, a commercial and office building to the south, El Camino Real to the west, and commercial and office buildings to the east. The proposed micro -winery and tasting room would be located at 140 E. Main Street, between a hair salon and jewelry store. The subject tenant space is currently occupied by Miss Bobbie's Low Carb Shoppe and Cafe. Other businesses in the center include a florist and gift shop, restaurant and clothing retail. The properties to the east of the project site include a flooring retail showroom and two - story office building. The property to the south of the Cox's Market Plaza is the Assistance League office and thrift store location. These buildings and businesses are located on the southeast block at El Camino Real and Main Street. The Knights of Pythias building is located north of the subject tenant site, across Main Street, and houses a photography studio, clothing embroidery store, and the Tustin Area Historical Museum. PROJECT DESCRIPTION: Micro -winery and Tasting Room The applicant is proposing to establish a micro - winery, tasting room and ancillary brewery in an existing 1,052 square -foot tenant space located at 140 E. Main Street. The winery and tasting room would include serving wines produced by the applicant's winery for off -site and on -site consumption, including tastings. The ancillary brewery Zoning Administrator May 20, 2014 CUP 2014 -02 Page 3 component will offer craft beer for tasting and sale as part of the company's effort to branch out and develop more product variety. The applicant is requesting authorization for Type 20: Off Sale Beer & Wine and Type 23: Small Beer Manufacturer licenses. The Type 20 and Type 23 licenses would allow for off -site and on -site consumption of beer and wine and brewing of specialty beer. The applicant has an existing family -owned winery business called Pozzouli Winery, Inc. (www.pozzouliwinery.com), located at 15481 Red Hill Avenue, Suite C in Tustin. The applicant currently holds an Alcoholic Beverage Control License "Type 2 — Winegrower', which allows for the making of wine, sale of wine and brandy, and wine tasting. The applicant produces wine at the Red Hill Avenue location, using grapes grown in their Paso Robles vineyard along California's Central Coast. This wine will be the product offered for tasting and sale at the proposed micro - winery. The wine and beer tasting activities would involve the patrons purchasing flights of wine and /or beer that include up to five different beverages. The customers would order and pay for beverages and food at the counter and servers would deliver the order to their table. The micro -winery would also be available as a small special events venue, such as corporate parties, birthday parties, wine club gatherings, etc. Zoning Administrator May 20, 2014 CUP 2014 -02 Page 4 The business would also provide food service such as cheese platters, salami and prosciutto platters, smoked salmon plates, individual pizzas and oven fired sandwiches. Nonalcoholic beverages, such as water, sodas and espresso coffee drinks will also be available for purchase. Food service would be available at all times while the business is open. The proposed business includes an ancillary brewery component where a portion of the tenant space would be used for brewing craft beer. Food service and brewing beer are both ancillary components of the micro -winery and tasting room business and serve to enhance the customers' experience. In addition, the applicant proposes to occasionally provide music entertainment via an acoustic guitar player, no musical band performances are proposed. Solitary performers are exempt from the City's Live Entertainment Permit requirements. The business's proposed hours of operation are as follows: • Monday — Thursday: 11:00 AM to 9:00 PM • Friday — Saturday: 11:00 AM to 11:00 PM • Sunday: 11:00 AM to 6:00 PM Proposed Tenant Improvements The applicant proposes to modify the tenant space by adding a second disability - compliant restroom, brewing equipment, and a walk -in cooler (Attachment C and Figure 2). Wine will be stored in the loft storage area. The interior improvements and proposed equipment are designed to provide an open feel to the space where customers would be able to pass by and view the brewing equipment on their way to the outdoor seating area in the rear. According to the applicant, the interior architecture will take advantage of the historic building, maintaining the exposed brick/plaster and repurposing the original ceiling joints for some of the furniture. Exterior modifications would involve a trellis patio cover over the rear outdoor dining area and a low wall enclosure made of brick and wrought iron designed to match the Quinn's Restaurant outdoor dining area (Figure 3). The proposed outdoor seating shown on the floor plan and elevations is subject to Section 9263g Table 1, which stipulates that for outdoor seating areas associated with eating establishments, businesses may have outdoor seating without providing additional parking provided there are twelve (12) seats maximum or outdoor seating area that is fifty percent (50 %) of the indoor seating area. In this case, the project shall be restricted to a maximum twelve (12) outdoor seats since the designate dining area is larger than fifty percent (50 %) of the indoor seating area. Zoning Administrator May 20, 2014 CUP 2014 -02 Page 5 trwnrr�r.ti c,xad frr c rroposea door clan rr. i Mrxlrx+r esiCrg 4 aGi6l1Q V� I \ y wTwrr• G r� l� l me prep i area 'HC rye tm m'. W4 4 W4 -� awrage ,HC rest o �. n r s�� A v�ltlsorasellnp _- ____ 3 AT T } �m i —uwai; r,rrt ea nmruvrr ,uc �1rN Yf rylt:) 4 Zoning Administrator May 20, 2014 CUP 2014 -02 Page 6 Figure 3: Outdoor Seating Areas a olYb'.�INY mN I� €... 3r jF "3uau ruR "-,I d... o a�Mb mM Zoning Administrator Action 14 -001 contains conditions that are consistent with the City's Alcoholic Beverage Sales Establishment Guidelines for micro -winery and tasting room. Analysis The Tustin Zoning Code defines micro -winery as "an establishment that includes beverage production of wine and may include a tasting facility and sale of wine produced by the owner of the establishment. The establishment shall not include the sale of alcoholic beverages for on -site consumption with the exception of sampling the product within the tasting facility. Wineries shall provide ancillary food service in combination with its primary use." A micro - winery, tasting room and ancillary brewery would be an alcoholic beverage sales establishment, which is authorized with approval of a conditional use permit, pursuant to TCC Section 9271dd. Micro - wineries are allowed and encouraged to locate in the Old Town Tustin area to help create a commercial village atmosphere and the zoning district exempts micro -winery and tasting room uses from being subject to distance requirements Zoning Administrator May 20, 2014 CUP 2014 -02 Page 7 (TCC 9252j3.(c)). The ancillary brewery within an eating establishment has been conditioned to operate in conjunction with the primary use of micro -winery and tasting room. The proposed use complies with the requirements for micro -winery in that the business will offer tasting of wine and beer it produces and provide food service along with the beverage service. The proposed location for this business is appropriate in that it is located near the heart of Old Town Tustin, within walking distance to numerous other Old Town businesses and parking areas. The nature of this business provides a casual yet upscale activity, giving Old Town Tustin another potentially iconic destination. The applicant has indicated that, on a limited basis, beverages produced by guest wineries and breweries may be offered for on -site consumption at the project location, which would be acceptable so long as the business maintains its primary micro -winery and tasting room uses. Parking The project location is an existing retail and cafe business known as Miss Bobbie's Low Carb Shoppe and Cafe. Pursuant to TCC Section 9263g Table 1, no additional parking would be required for commercial spaces in which retail uses are replaced by uses that are similar to restaurants and lounges where consumption of food and beverages occur primarily on -site. The proposed micro - winery, tasting room and ancillary brewery is considered similar to a restaurant and lounge, therefore no additional parking would be required for the proposed use. In addition, the proposed outdoor seating area shall be limited to a maximum twelve (12) seats, which does not require additional parking spaces. FINDINGS: In determining whether to approve the Conditional Use Permit for a micro - winery, tasting room and ancillary brewery, 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) The proposed alcoholic beverage sales establishment use is allowed within the Central Commercial (C2) and Cultural Resources (CR) zoning districts with the approval of a Conditional Use Permit. 2) That the CR zoning district permits and encourages micro -winery and tasting room uses and exempts the use from distance requirements for alcoholic beverage sales establishments. Zoning Administrator May 20, 2014 CUP 2014 -02 Page 8 3) That the proposed micro -winery use would create growth and opportunity as a source of additional business and employment opportunities within Old Town. 4) That the operational characteristics and features of the facility, such as the hours of operation and outdoor dining, are appropriate for the location and type of use proposed in relation to surrounding residential areas, sensitive uses such as places of worship, parks, schools, hospitals, clinics, convalescent homes, and other similar uses selling or serving alcoholic beverages. 5) As conditioned, the proposed micro - winery, tasting room and ancillary brewery 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, and the TCC Section 9271dd. 6) The on -site consumption of alcoholic beverages would be in conjunction with food service. 7) The sale of alcoholic beverages for off -site consumption will be in accordance with the TCC in that the business shall only sell wine and beer it produces for off -site consumption. 8) That the brewery component is ancillary to the primary micro -winery and tasting room use, that beer sales are limited to the beverages produced onsite and full food service shall be available during business hours. 9) The proposed micro - winery, tasting room and ancillary brewery use is located within a retail center where a variety of retail, service retail, and restaurant uses are located. The hours of operation are proposed to be limited to 11:00 AM to 9:00 PM, Monday through Thursday, 11:00 AM to 11:00 PM Friday through Saturday, and 11:00 AM to 6:00 PM on Sunday. The characteristics of the micro - winery, tasting room and ancillary brewery use and hours of operation would be similar to other businesses in the center and in the vicinity. 10) The proposed micro - winery, tasting room and ancillary brewery is considered similar to a restaurant and lounge in that patrons would visit the establishment for food and beverages; therefore, pursuant to TCC Section 9263 Table 1, no additional parking would be required for the proposed use. 11) The Tustin Police Department has reviewed the application and has no immediate concerns. Zoning Administrator May 20, 2014 CUP 2014 -02 Page 9 Staff recommends that that the Zoning Administrator adopt Zoning Administrator Action No. 14 -001 approving Conditional Use Permit 2014 -02 to establish a micro- winery, tasting room and ancillary brewery within an existing 1,052 square -foot tenant space located at 140 E. Main Street. Edmelynne . Hutter Senior Planner Attachments: A. Location Map B. Land Use Application Fact Sheet C. Submitted Plans D. Zoning Administrator Action 14 -001 UTA Ta:l, l401 LOCATION MAP LOCATION MAP CUP 2014 -02 140 E. MAIN STREET THIRD Si. cl PROJECT r T SITE i AN GE cout im 0 1 ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2014 -02 2. LOCATION: 140 E. MAIN STREET 3. LOT: _ BLOCK: 18 TRACT: 689 4. APN(S): 401 - 623 -01 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: N/A 6. SURROUNDING LAND USES: NORTH: Commercial SOUTH: Commercial, Office EAST: Commercial, Office WEST: Commercial Office 7. SURROUNDING ZONING DESIGNATION: NORTH: Central Commercial (C2), Cultural Resources Overlay (CR), Parking Overlay (P) SOUTH: Central Commercial (C2), Cultural Resources Overlay (CR), Parking Overlay (P) EAST: Central Commercial (C2), Cultural Resources Overlay (CR), Parking Overlay (P) WEST: Central Commercial (C2), Cultural Resources Overlay (CR), Parking Overlay (P) 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Old Town Commercial SOUTH: Old Town Commercial EAST: Old Town Commercial WEST: Old Town Commercial 9. SITE LAND USE: EXISTING PROPOSED Use: Commercial No Change Zoning: Central Commercial, Cultural Resources Overlay, No Change Parking Overlay General Plan: Old Town Commercial No Change DEVELOPMENT FACTS: 10. LOT AREA: 30.056 S.F. or 0.69 ACRES 11. BUILDING LOT COVERAGE: 100% MAX. PERMITTED N/A PROPOSED 12. SITE LANDSCAPING: N/A REQUIRED N/A PROPOSED 13. OPEN SPACE: N/A REQUIRED N/A PROPOSED 14. PARKING: 1 so : 250 S.F. REQUIRED N/A PROPOSED 15. BUILDING HEIGHT: 50 feet MAX. PERMITTED N/A PROPOSED 16. BUILDING SETBACKS: REQUIRED PROPOSED FRONT: 0 feet 46 feet (existing) SIDE: 0 feet 2 feet 4 inches REAR: 5 feet 25 feet 18. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) Listed in Tustin Historical Survey 'B" Rating, and National Register of Historic Places Status of 3S. 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( ` 1 111:: '� �� ��Iypli �� �• I y !. 111 iI T1 II iil �Iy1i � F � I I�I�II III I I� II III 1 1 I Ilulg�l' R I II� 11 Il.im .' pI },}_FF 'Ril [ - _WJI ii iL 11111 1 111 -N II II WJI N WII-N �� '� F m� - II I i I i I II I III I III I III III II 1 1 I rs C Y O e V ism 6 � 1 a o © i ID fi= e I v ATTACHMENT D ZA ACTION 14 -001 ZONING ADMINISTRATOR ACTION 14 -001 CONDITIONAL USE PERMIT 2014 -02 140 E. MAIN STREET The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2014 -02 was filed by Enrico Pozzuoli of Pozzuoli Winery, Inc., requesting authorization for off - and on -site alcoholic beverage sales (ABC Licenses Type 20 — Off Sale Beer & Wine and Type 23 — Small Beer Manufacturer) in an existing 1,052 square foot tenant space at located at 140 E. Main Street. B. That the proposed land use is consistent with the Tustin City Code (TCC) and General Plan. The site is designated as Old Town Commercial by the City General Plan and is located within the Central Commercial (C2) zoning district, Cultural Resources Overlay (CR), where micro -winery is an authorized and encouraged use, and within the Parking Overlay (P) district. The project is consistent with the Air Quality Sub - element of the City of Tustin General Plan. C. That pursuant to TCC Section 9299b(3)(g) of the Tustin City Code, the Zoning Administrator has the authority to consider requests for alcoholic beverage sales licenses. D. That a public hearing was duly called, noticed, and held for CUP 2014 -02 on May 20, 2014, by the Zoning Administrator. E. That alcoholic beverage sales establishments are conditionally permitted uses within the C2 zoning district (TCC Sections 9233b1 and 9232b2) subject to the provisions contained within TCC Section 9271 dd of the TCC. F. That the establishment, maintenance, and operation of alcoholic beverage sales in conjunction with a micro - winery, tasting room and ancillary brewery 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 alcoholic beverage sales establishment use is allowed within the Central Commercial (C2) and Cultural Resources (CR) zoning districts with the approval of a Conditional Use Permit. 2) That the CR zoning district permits and encourages micro -winery and tasting room uses and exempts the use from distance requirements for alcoholic beverage sales establishments. Zoning Administrator Action 14 -001 CUP 2014 -02 Page 2 3) That the proposed micro -winery use would create growth and opportunity as a source of additional business and employment opportunities within Old Town. 4) That the operational characteristics and features of the facility, such as the hours of operation and outdoor dining, are appropriate for the location and type of use proposed in relation to surrounding residential areas, sensitive uses such as places of worship, parks, schools, hospitals, clinics, convalescent homes, and other similar uses selling or serving alcoholic beverages. 5) As conditioned, the proposed micro - winery, tasting room and ancillary brewery 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, and the TCC Section 9271dd. 6) The on -site consumption of alcoholic beverages would be in conjunction with food service. 7) The sale of alcoholic beverages for off -site consumption will be in accordance with the TCC in that the business shall only sell wine and beer it produces for off -site consumption. 8) That the brewery component is ancillary to the primary micro -winery and tasting room use, that beer sales are limited to the beverages produced onsite and full food service shall be available during business hours. 9) The proposed micro - winery, tasting room and ancillary brewery use is located within a retail center where a variety of retail, service retail, and restaurant uses are located. The hours of operation are proposed to be limited to 11:00 AM to 9:00 PM, Monday through Thursday, 11:00 AM to 11:00 PM Friday through Saturday, and 11:00 AM to 6:00 PM on Sunday. The characteristics of the micro - winery, tasting room and ancillary brewery use and hours of operation would be similar to other businesses in the center and in the vicinity. 10) The proposed micro - winery, tasting room and ancillary brewery is considered similar to a restaurant and lounge in that patrons would visit the establishment for food and beverages; therefore, pursuant to TCC Section 9263 Table 1, no additional parking would be required for the proposed use. 11) The Tustin Police Department has reviewed the application and has no immediate concerns. Zoning Administrator Action 14 -001 CUP 2014 -02 Page 3 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 approves CUP 2014 -02 authorizing the sale of alcoholic beverages (ABC License Type 20 and Type 23) in conjunction with a 1,052 square -foot micro - winery, tasting room and ancillary brewery located at 140 E. Main Street, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 20th day of May, 2014. 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 14 -001 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 20th day of May, 2014. VERA TISCARENO RECORDING SECRETARY GENERAL EXHIBIT A ZONING ADMINISTRATOR ACTION 14 -001 CONDITIONAL USE PERMIT 2014 -02 CONDITIONS OF APPROVAL 140 E. MAIN STREET The proposed project shall substantially conform with the submitted plans for the project date stamped May 20, 2014, 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 (TCC). (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 and associated fee is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit (CUP) 2014 -02 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 TCC Section 1162(a). (1) 1.6 Conditional Use Permit 2014 -02 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 CUP 2014- 02, or is found to be a nuisance or negative impacts are affecting the surrounding SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE /S (7) PC /CC POLICY (4) DESIGN REVIEW * ** EXCEPTION Zoning Administrator Action 14 -001 CUP 2014 -02 — Exhibit A May 20, 2014 Page 2 tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.7 As a condition of approval of CUP 2014 -02, 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 Business operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (1) 1.10 Approved uses shall operate within all applicable State, County, and the TCC. 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 CUP, as provided for the TCC. PLAN SUBMITTAL (1) 2.1 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. 2.2 Plans shall show and the applicant shall maintain a minimum of forty -eight (48) inch clear pathway from the rear exit door to the disabled access parking spaces at the south side of the tenant space. USE RESTRICTIONS (1) 3.1 The use authorized under CUP 2014 -02 is a micro - winery, tasting room and ancillary brewery business. The approved use shall not serve alcoholic beverages for on -site consumption other than wine and beer products produced Zoning Administrator Action 14 -001 CUP 2014 -02 — Exhibit A May 20, 2014 Page 3 by the micro -winery and ancillary brewery. The micro -winery shall provide full food service in combination with its primary use. (1) 3.2 The authorization to serve alcoholic beverages on -site and off -site is subject to the use remaining as a micro - winery, tasting room and ancillary brewery. Any change to the use shall require review and approval by the Community Development Director. This approval authorizes a Type 20 ABC License (Off Sale Beer & Wine) and Type 23 (Small Beer Manufacturer) in conjunction with a micro - winery, tasting room and ancillary brewery. Any changes and /or upgrades to the ABC License shall be reviewed and approved by the Community Development Director. (1) 3.3 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 20 and Type 23). A copy of the Licenses shall be provided to the City prior to operating the alcoholic sales. (1) 3.4 Business hours are limited to the following: Monday — Thursday: 11:00 AM to 9:00 PM Friday — Saturday: 11:00 AM to 11:00 PM Sunday: 11:00 AM to 6:00 PM Full food service shall be provided during the hours of operation. 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) 3.5 Only wine and beer products produced by the business shall be available for purchase for off -site consumption. (1) 3.6 On -site alcoholic beverage service in the outdoor seating areas shall be in compliance with State regulations. A maximum twelve (12) outdoor seats shall be provided pursuant to TCC Section 9263g Table 1. (1) 3.7 Any live entertainment provided at the project site shall comply with TCC Section 3231 et seq. regarding Live Entertainment. (1) 3.8 All persons serving alcoholic beverages within a restaurant establishment must be 18 years of age or older and supervised by someone 21 years of age or older. The supervisor shall be present in the same area as point of sale. Zoning Administrator Action 14 -001 CUP 2014 -02 - Exhibit A May 20, 2014 Page 4 (1) 3.9 "No Loitering" signs shall be placed near the entrance on the outside of the premises or in other specified locations where alcoholic beverages are sold. (1) 3.10 All litter shall be removed from the exterior areas around the premises including public sidewalk areas and parking areas, no less frequently than once each day that the business is open. Trash receptacles shall be provided in the outdoor dining area. All litter shall be removed from the exterior areas around the premises including public sidewalk areas and parking areas, no less frequently than once each day that the business is open. * ** 3.11 The applicant shall mitigate, to the extent possible, any exterior odors generated from the ancillary brewery use. (1) 3.12 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. (1) 3.13 All on -site signs, including permanent and temporary signs /banners, shall comply with the City of Tustin Sign Code. PUBLIC WORKS DEPARTMENT (1) 4.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP) a) The applicant/contractor may be required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (TCC Section 4351, at al) to recycle at least 50 percent of the project waste material. b) The applicant may be required to submit a fifty- dollar ($50.00) application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed 5 percent of the project's valuation. c) Prior to issuance of a permit, if WRRP is required, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin ". (1) 4.2 Prior to issuance of any permit, the applicant shall enter into an "Outdoor Restaurant Seating Area Revocable License Agreement" with the City. City staff shall provide this document to the applicant. Zoning Administrator Action 14 -001 CUP 2014 -02 — Exhibit A May 20, 2014 Page 5 FEES (1) 5.1 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 (1,5) 5.2 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.