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HomeMy WebLinkAboutZA AGENDA 6-5-14AGENDA ZONING ADMINISTRATOR MEETING JUNE 5, 2014 CALL TO ORDER: :Z9l11sy_11111 PUBLIC CONCERNS: CONSENT CALENDAR: 10:30 a.m. Community Development Conference Room Elizabeth A. Binsack, Zoning Administrator (Limited to 3 minutes per person for items not on the agenda) No Items on Consent Calendar PUBLIC HEARING: 1. CONDITIONAL USE PERMIT 2014 -04: A request to authorize a live entertainment use at an existing restaurant with alcoholic beverage sales. APPLICANT: JOHN MOORE THE BLACK MARLIN 560 EL CAMINO REAL TUSTIN, CA 92780 PROPERTY OWNER: VIVIAN PALLAIS 9620 MONTE MAR DRIVE LOS ANGELES, CA 90065 PROJECT LOCATION: 560 EL CAMINO REAL ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Zoning Administrator Agenda June 5, 2014 Page 2 RECOMMENDATION: That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 14 -002 approving Conditional Use Permit (CUP) 2014 -04 to establish a live entertainment use with music band performers such as cover bands, jazz, blues and surf music bands in conjunction with an existing restaurant with alcoholic beverage sales located at 560 El Camino Real. Presentation: Edmelynne V. Hutter, Senior Planner REGULAR BUSINESS: None ADJOURNMENT: The date of the next meeting of the Zoning Administrator will be scheduled when items are set for hearing. 01.A AGENDA MEPORT �GsT�fi MEETING DATE: JUNE 5, 2014 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2014 -04 APPLICANT: PROPERTY OWNER: JOHN MOORE THE BLACK MARLIN 560 EL CAMINO REAL TUSTIN, CA 92780 LOCATION: 560 EL CAMINO REAL VIVIAN PALLAIS 9620 MONTE MAR DRIVE LOS ANGELES, CA 90065 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 LIVE ENTERTAINMENT USE AT AN EXISTING RESTAURANT WITH ALCOHOLIC BEVERAGE SALES. Zoning Administrator June 5, 2014 CUP 2014 -04 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 14 -002 approving Conditional Use Permit (CUP) 2014 -04 to establish a live entertainment use with music band performers such as cover bands, jazz, blues and surf music bands in conjunction with an existing restaurant with alcoholic beverage sales located at 560 El Camino Real. 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 9270a(e), the presentation of live entertainment is allowable with the approval of a CUP and TCC Section 3232 states that a CUP is a prerequisite for obtaining a Live Entertainment Permit (LEP). TCC Section 9299b(3)(f) authorizes the Zoning Administrator to review applications for minor CUPS where there would be no change of primary use, no expansion of floor area and the request would not alter the original intent of the project. BACKGROUND The project site is located in Old Town Tustin, within an existing 4,200 square -foot restaurant known as The Black Marlin. The site is located on the northwest corner of El Camino Real and Sixth Street (Figure 1) and was converted from an auto repair shop into a restaurant use with alcoholic beverage sales in 2006 (CUP 06 -009). A portion of the parking lot is located on a separate adjacent parcel on 135 W. Sixth Street (Assessor Parcel Number 401 - 622 -16). Surrounding land uses include a residential use to the west, restaurants and retail stores to the north and south, and a vacant parcel on the east side of El Camino Real. The project site is improved with a building, known as the Tustin Garage, and rated 'C' and National Register Historic Preservation (NRHP) Status Code 3S in the Historic Resources Survevs. Figure 1: Aerial Zoning Administrator June 5, 2014 CUP 2014 -04 Page 3 On January 23, 2014, Code Enforcement received a complaint and staff investigated the project site and found that the business was operating without a valid City of Tustin (City) business license, had installed a sign without an approved sign permit, and was providing live entertainment performances without a valid CUP for live entertainment and a valid LEP. The business owner has since obtained a business license and is in the process of obtaining a sign permit. The applicant submitted the subject application in order to comply with TCC regarding Live Entertainment. PROJECT DESCRIPTION: The applicant is proposing to establish a live entertainment use including music bands such as cover bands, blues, jazz and surf music bands. The applicant anticipates that different bands with two (2) to five (5) members will perform. Section 3235 of the TCC exempts certain forms of live entertainment from obtaining a LEP, which includes: Single performers, duos, disc jockeys, karaoke singers, radios, juke boxes, and piano playing. Since the applicant is proposing music bands with three (3) or more members, a CUP and LEP are required. Figure 2: Floor Plan L NIWFIE h PUNNUN PUBLIC AREA m PAM MAIN pINIDDDD The proposed hours of restaurant operation are as follows: • Sunday: 8:00 a.m. to 10:00 p.m. • Monday —Tuesday: 8:30 a.m. to 10:00 p.m. • Wednesday— Thursday: 8:30 a.m. to 11:00 p.m. • Friday— Saturday: 8:30 a.m. to 12:00 a.m. midnight Zoning Administrator June 5, 2014 CUP 2014 -04 Page 4 The applicant has proposed the following hours for live entertainment performances: • Sunday: 2:30 p.m. to 5:00 p.m. • Wednesday— Thursday: 7:00 p.m. to 10:00 p.m. • Friday— Saturday: 8:00 p.m. to 11:00 p.m. ANALYSIS Live Entertainment Businesses requesting approval to present live entertainment are required to first receive approval of a CUP for live entertainment and approval of a LEP (TCC Sections 9270a(e) and 3231). Approval of a CUP for the presentation of live entertainment would authorize the applicant to obtain a LEP issued through the Business License Division. The LEP is non - transferable, and any modifications to the proposed LEP would require approval of the Community Development Director. As mentioned, the restaurant was providing live entertainment without approval of a CUP. Since the notice of violation, the restaurant operator has only provided live entertainment that are exempted from the LEP requirements such as solo acts and duos. The applicant has provided the list of entertainment that will be provided at the restaurant (Attachment C). The proposed music such as jazz, blues, surf music and cover band music are appropriate in that these types of bands are typical of restaurant entertainment that customers can enjoy while they have a meal and drinks. In addition, in order to maintain the restaurant atmosphere, outside promoters, cover charges, or drink promotions shall not be allowed as proposed in Conditions 2.15 and 2.16. Pursuant to Section 3236 of the TCC, the stage or entertainment area shall not be open to view from outside the premises, thus the live entertainment shall be conducted entirely within the building. The stage proposed area is located in the southeast corner of the restaurant, towards the front of the building (Figure 2). This location of the stage is as far away from the closest residential use as possible, providing the maximum distance between the two. There is an existing window on the wall next to the stage. To comply with LEP requirements, the applicant would be required to install an opaque covering over the window. The subject property is located within the Old Town commercial area, however there are residential uses in the vicinity: a single - family use on commercially zoned property immediately to the rear (west) of the project site, approximately 150 feet west along Sixth Street; also a single - family use on commercially zoned property approximately 240 feet north along El Camino Real (north of Jamestown Plaza); and, detached single - family homes approximately 240 feet east along Sixth Street (behind Roma D' Italia). While the proposed Condition 2.6 requires live entertainment to not exceed noise standards set forth in the City's Noise Ordinance, and the Police Department has not received any calls for service related to noise or live music for the subject location in consideration of the nearby residential uses, the Police Department recommends that Zoning Administrator June 5, 2014 CUP 2014 -04 Page 5 the hours of live entertainment performances be limited to 10:00 p.m. daily. However, staff is recommending that live entertainment performances be limited to 9:00 p.m. weekdays and 10:00 p.m. weekends in consideration of the working residents. Accordingly, as conditioned, the proposed live entertainment use shall be required to cease by 9:00 p.m. on weekdays and 10:00 p.m. on weekends. Restaurant Hours of Operation The original approval for the restaurant use in 2006 stated that the restaurant business hours were 11:00 a.m. to 10:00 p.m. The Black Marlin wishes to expand its restaurant hours by offering champagne brunch on Saturday and Sunday and breakfast burritos daily in the morning and live entertainment in the evening. The hours proposed by the applicant would be an expansion of the original hours in that the restaurant would open earlier on all days (8:00 a.m. and 8:30 a.m.) and would close later between Wednesday and Saturday (11 p.m. and 12 midnight). The proposed restaurant opening times are compatible with other businesses in the vicinity, such as Cream Pan Bakery and Cafe to the south, which opens at 6:00 a.m., and other close by restaurants such as Quinn's Old Town Grill ( Quinn's) and Roma D' Italia which are open between 8:00 a.m. and 11:00 a.m. The proposed closing times are also similar with other businesses in the area, such as the Honda -Ya restaurant immediately to the north, which is closed at 1:00 a.m.; the Roma D'Italia restaurant to the southeast, which is closed at 10:30 p.m.; and Quinn's which is closed at midnight on Saturday. In addition, the proposed restaurant hours of operation is consistent with the Planning Commission policy in that the Zoning Administrator may approve restaurants with alcoholic beverage sales to be open until 11:00 p.m. on weekdays and until 12:00 a.m. midnight on weekends. The proposed restaurant hours are similar and typical to other restaurants in that negative impacts to the surrounding areas are not anticipated. Parking The original approval for restaurant and alcoholic beverage sales use (CUP 06 -009) required the restaurant owner to secure an additional twenty -five (25) off -site parking spaces. The applicant currently has twenty -five (25) parking spaces secured under the City's Old Town Parking Exception Fee program, in compliance with CUP 06 -009 conditions of approval. The proposed live entertainment use is in conjunction with the existing restaurant use, no additional seats and no expansion are proposed and therefore no additional parking spaces are required. FINDINGS: In determining whether to approve the CUP for a live entertainment use in conjunction with an existing restaurant with 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, Zoning Administrator June 5, 2014 CUP 2014 -04 Page 6 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. A decision to approve this request may be supported by the following findings: 1) Pursuant to the TCC 9270a(e), the proposed live entertainment use is allowed within the Central Commercial (C2) and Cultural Resources (CR) zoning districts with the approval of a CUP. 2) That the proposed restaurant hours are similar and compatible with other businesses and restaurants in the vicinity. That the restaurant hours of operation would be limited as follows: a. Sunday: 8:00 a.m. to 10:00 p.m. b. Monday —Tuesday: 8:30 a.m. to 10:00 p.m. c. Wednesday— Thursday: 8:30 a.m. to 11:00 p.m. d. Friday — Saturday: 8:30 a.m. to 12:00 a.m. midnight 3) That the hours of live entertainment would be limited as follows: a. Monday — Tuesday: No live entertainment b. Wednesday — Thursday: 7:00 p.m. to 9:00 p.m. c. Friday — Saturday: 7:00 p.m. to 10:00 p.m. d. Sunday: 2:30 p.m. to 5:00 p.m. 4) No noise impacts are anticipated as all live entertainment would be conducted entirely within the building and would be required to comply with the City's Noise Ordinance. 5) As conditioned, the proposed live entertainment would be compatible with the surrounding uses and the TCC in that the proposed live entertainment would be ancillary to the restaurant use; the types of music are typical of restaurant entertainment that customers can enjoy while they have a meal and drinks; and that the location of the stage is furthest away from the nearest residential area as possible, minimizing potential noise impacts to the residents. 6) That the City's Police Department has reviewed and supports the proposed use, as conditioned. 7) That the proposed live entertainment use is compatible with Land Use Element Goal 10 in the City's General Plan that states "Improve and strengthen the Tustin Old Town /First Street area with a unique pedestrian environment and diverse mix of goods, services, and uses" in that the live entertainment, in conjunction with an existing restaurant, will provide a unique dining and entertainment experience and potentially become a sought -after destination in the community. 8) As conditioned, CUP 2014 -04 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated Zoning Administrator June 5, 2014 CUP 2014 -04 Page 7 in accordance with CUP 2014 -04 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. Staff recommends that that the Zoning Administrator CUP 2014 -04 to establish a live entertainment use in square -foot restaurant with on -site alcoholic beverag e Real. elyn mne V. Huffer Senior Planner Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. ZAA 14 -002 adopt ZAA No. 14 -002 approving conjunction with an existing 4,200 sales located at 560 El Camino ATTACHMENT A LOCATION MAP LOCATION MAP CUP 2014 -04 560 EL CAMINO REAL [[tl 1100401 14U 150 160 170 1 200 429 430 434 N e 434 N 445 I50 N 440 439425 -- m 450 441 I60 505 _ - - 460 -_� 445447- - 500 r;`_. I___ 49\ �05 510 r77f 710 5 -- /520 o 0 o Q m N m Q o m PROJECT SITE I No mm mnnnm m N N Q Q Q Q Q Q Q -20 525 530 i30 •� 535 540 i50 545 550 560 N - _ � N 152 N 570 555 5 me •t i ✓ea•r Z °+ II 0 i _560 @ 610 _. 600 0 i 603 603 600 607 607 609 606 607 >� y.y 6 _._.. - -6°2 r 20 ` 604 617 615 612 61 22 627 500+ `� 620 615 625 621 ZI 616 30 �9 �d fi50 632 627 I Q I 633 J 695 I y,50 y B'Q yP�' a"J d86' 649 634__...- 636— ___...._.. l0 40 642 ,y yy °a 1?9 1 l2 65 652 om° 702 n Q n `. y ti 32 fi53 660 656 EL CAMINO ~+� 1'(5 743 \ 00181 t / � I ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2014 -04 2. LOCATION: 560 EL CAMINO REAL 3. LOT: _ BLOCK: 24 TRACT: 793 4. APN(S): 401- 622 -17 and 401 - 622 -16 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: CUP 06 -009, DR 06 -014, CUP 09 -002 6. SURROUNDING LAND USES: NORTH: Commercial SOUTH: Commercial EAST: Vacant WEST: Residential 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: 7 750 S.F. or 0.18 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 N/A SIDE: 0 feet N/A REAR: 0 feet N/A 18. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) Listed in Tustin Historical Survey "C" Rating, and National Forms: LandUseApplication FactSheet ATTACHMENT C SUBMITTED PLANS s �3 �e N �Ol Tw }} l l� i�I cn .j I �r i t •;� p I i I j I — I 1 I b, El Camino Real I n <s � v P z n � ° m 2 � � o x y THE BLACK MARLIN Tu,wy CJifi,mu 93]8(1 �•• . ? Vic:—J ;S;ms�.z�. u ' I w Ti I i I I 1 rprp I V I 9 _ � 9 fit �' •F� r> �l , I �I I _Ii:f�• �Ol Tw }} l l� i�I cn .j I �r i t •;� p I i I j I — I 1 I b, El Camino Real I n <s � v P z n � ° m 2 � � o x y THE BLACK MARLIN Tu,wy CJifi,mu 93]8(1 ? �.c,•t 'r` } 1 c• FH DINING R ® \ O z 9 G n a �z c BAR BAR /DINING c c c Egon S B j SOFA LOUNGE a z 0 THE BLACK MARLIN SW FJ cSnvwu ftul w " Twuq Glifamia 927 6U �w t'I LIVE ENTER'fAINNIENT PER SUPPLEMENTAL PAGE 2 EMPLOYEES: PROVIDE A LIST OF EMPLOYEES WHO HAVE BEEN CONVICTED OF ILLEGAL DRUG USE, DRUG DEALING OR PROSTITUTION WITHIN THE LAST FIVE YEARS. If additional space is needed, please submit on a separate sheet of paper. PROVIDE THE NAMES OF AT LEAST TEN (10) ENTERTAINERS, INCLUDING THEIR NAMES, ADDRESSES, PHONE NUMBERS, BUSINESS NAMES AND DATE AND LOCATION OR PLACES WHERE THEY WORKED FOR THE APPLICANT. i�a�,�, rF -'V., " +v( r ('[(44s — i LIST -ee) X ML)51C r3ook�w�, i 0 Vl/ 60 V ly-N 7 7- to J Jazz o ovo 5vr1 g U A) � -13 0 - y C 0,,A-CvL S 6 W -' ,5 -� _ L/ Suvt: 1.0 'j5(- 3 3 F-11 aF_Ty:hyil:4►:am] ZA ACTION 14 -002 ZONING ADMINISTRATOR ACTION 14 -002 CONDITIONAL USE PERMIT 2014 -04 560 EL CAMINO REAL The Zoning Administrator of the City of Tustin (City) 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 -04 was filed by John Moore of The Black Marlin restaurant, requesting authorization for presentation of live entertainment, in conjunction with an existing restaurant with alcoholic beverage sales, in an existing 4,200 square -foot building located at 560 El Camino Real. 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's General Plan and is located within the Central Commercial (C2) zoning district, Cultural Resources Overlay (CR) and within the Parking Overlay (P) district. The project is consistent with the Air Quality Sub - element of the City's General Plan. C. That pursuant to Sections 9270a(e) and 3231 of the TCC, a conditional use permit for live entertainment and approval for a live entertainment permit are required prior to the presentation of live entertainment. D. That pursuant to Section 9299b(3)(g) of the TCC, the Zoning Administrator has the authority to consider requests for minor CUPs where there would be no change of primary use, no expansion of floor area, and the request would not alter the original intent of the project. E. That a public hearing was duly called, noticed, and held for CUP 2014 -02 on June 5, 2014, by the Zoning Administrator. F. That the establishment, maintenance, and operation of live entertainment 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 in that: 1) Pursuant to the TCC 9270a(e), the proposed live entertainment use is allowed within the C2 and CR zoning districts with the approval of a CUP. 2) That the proposed restaurant hours are similar and compatible with other businesses and restaurants in the vicinity. That the restaurant hours of operation would be limited as follows: Zoning Administrator Action 14 -002 CUP 2014 -04 Page 2 a. Sunday: 8:00 a.m. to 10:00 p.m. b. Monday — Tuesday: 8:30 a.m. to 10:00 p.m. c. Wednesday — Thursday: 8:30 a.m. to 11:00 p.m. d. Friday — Saturday: 8:30 a.m. to 12:00 a.m. midnight 3) That the hours of live entertainment would be limited as follows: a. Monday— Tuesday: No live entertainment b. Wednesday — Thursday: 7:00 p.m. to 9:00 p.m. c. Friday— Saturday: 7:00 p.m. to 10:00 p.m. d. Sunday: 2:30 p.m. to 5:00 p.m. 4) No noise impacts are anticipated as all live entertainment would be conducted entirely within the building and would be required to comply with the City's Noise Ordinance. 5) As conditioned, the proposed live entertainment would be compatible with the surrounding uses and the TCC in that the proposed live entertainment would be ancillary to the restaurant use, the types of music are typical of restaurant entertainment that customers can enjoy while they have a meal and drinks, and that the location of the stage is furthest away from the nearest residential area as possible, minimizing potential noise impacts to the residents. 6) That the City's Police Department has reviewed and supports the proposed use, as conditioned. 7) That the proposed live entertainment use is compatible with Land Use Element Goal 10 in the City's General Plan that states "Improve and strengthen the Tustin Old Town /First Street area with a unique pedestrian environment and diverse mix of goods, services, and uses" in that the live entertainment, in conjunction with an existing restaurant, will provide a unique dining and entertainment experience and potentially become a sought -after destination in the community. 8) As conditioned, CUP 2014 -04 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with CUP 2014 -04 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. 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). Zoning Administrator Action 14 -002 CUP 2014 -04 Page 3 II. The Zoning Administrator hereby approves CUP 2014 -04 authorizing the presentation of live entertainment in conjunction with an existing restaurant located at 560 El Camino Real, 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 5th day of June, 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 -002 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 5th day of June, 2014. VERA TISCARENO RECORDING SECRETARY GENERAL EXHIBIT A ZONING ADMINISTRATOR ACTION 14 -002 CONDITIONAL USE PERMIT 2014 -04 CONDITIONS OF APPROVAL 560 EL CAMINO REAL The proposed project shall substantially conform with the submitted plans for the project date stamped June 5, 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 -04 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 CUP 2014 -04 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 -04, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE /S (7) PC /CC POLICY (4) DESIGN REVIEW * ** EXCEPTION Zoning Administrator Action 14 -002 CUP 2014 -04 — Exhibit A June 5, 2014 Page 2 neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.7 As a condition of approval of CUP 2014 -04, 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. USE RESTRICTIONS (1) 2.1 Authorization to provide "Live Entertainment' shall not include Adult Entertainment, sexually oriented business, burlesque shows, and lewd or indecent acts. Sexually oriented businesses shall obtain special permits pursuant to TCC Section 3900 et seq. (1) 2.2 Operation of live entertainment is contingent upon the use of the premises remaining a restaurant use. Should the use of the premises change from a restaurant use, this CUP shall be null and void. (1) 2.3 A Live Entertainment Permit shall be obtained through the Business License Division prior to establishing, conducting, or carrying on any live entertainment. The Live Entertainment Permit shall be non - transferable to any person(s). (1) 2.4 No business operating with a valid Live Entertainment Permit shall employ any person who has been convicted of illegal drug usage, drug dealing, or prostitution within the last five (5) years. (1) 2.5 The live entertainment 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. Live entertainment shall be conducted entirely within the building. Zoning Administrator Action 14 -002 CUP 2014 -04 — Exhibit A June 5, 2014 Page 3 (1) 2.6 The ambient noise levels resulting from the live entertainment shall not exceed the standards of the City's Noise Ordinance. Outside address speakers, telephone bells, buzzers, and other similar devices, which are audible from adjoining properties, shall be prohibited. Doors to the restaurant shall remain closed when live entertainment is being performed. (1) 2.7 The live entertainment shall not be open to view from outside the premises. The applicant shall install an opaque covering over the window(s) located in the stage area, subject to approval by the Community Development Department. (1) 2.8 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 live entertainment is performed. (1) 2.9 (1) 2.10 (1) 2.11 (1) 2.12 (1) (1) 2.13 Fire and Police access and passage shall be permitted at all times. Business hours are limited to the following: Day Business Hours Live Entertainment Hours Sunday 8:00 a.m. —10:00 p.m. 2:30 p.m. — 5:00 p.m. Monday 8:30 a.m. —10:00 p.m. None Tuesday 8:30 a.m. —10:00 p.m. None Wednesday 8:30 a.m. —11:00 p.m. 7:00 p.m. — 9:00 p.m. Thursday 8:30 a.m. —11:00 p.m. 7:00 p.m. — 9:00 p.m. Friday 8:30 a.m. —12:00 a.m. 8:00 p.m. —10:00 p.m. Saturday 8:30 a.m. —12:00 a.m. 8:00 p.m. —10:00 p.m. Food service shall be available during all hours of live entertainment. Exterior public pay telephones shall be prohibited and interior public pay phones shall be programmed to prevent incoming calls. "No Loitering" signs shall be placed near the entrance on the outside of the premises. No congregation and loitering outside the building shall be permitted. No outdoor storage shall be permitted except as approved by the City's Community Development Director. 2.14 If in the future the City's Community Development Director, Police Chief and /or Public Works Department determine that a parking, traffic, or noise problems exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and /or Public Works Department may require the applicants to prepare a parking demand analysis, traffic study, or a noise study, the applicants shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Zoning Administrator Action 14 -002 CUP 2014 -04 — Exhibit A June 5, 2014 Page 4 Chief, and /or Public Works Department. Said mitigation measures may include, but are not limited to, the following: (a) Adjust hours of operation. (b) Eliminate live entertainment. (c) Reduce the number /frequency of performers. (d) Require additional on -site security personnel. (e) Provide additional parking. (1) 2.15 There shall be no promotions encouraging intoxication, drinking contests, advertisements indicating "Buy one drink, get one free," "Two for the price of one," or similar language. There shall be no alcohol - related games such as "beer pong." (1) 2.16 Licensee(s) shall not require an admission charge, cover charge, or require a purchase or donation to enter the business. There shall be no requirement to purchase a minimum number of drinks. (1) 2.17 There shall be no outside promoters. (1) 2.18 There shall be an individual assigned during all open business hours in charge of occupancy. This individual shall assure the occupancy limits established by the City are within compliance. (1) 2.19 Persons who appear intoxicated shall not be admitted into the establishment. (1) 2.20 Patrons who appear intoxicated shall not be served any alcoholic beverages. FEES (1,5) 3.1 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.