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HomeMy WebLinkAboutZAA 14-002 6-5-14DATE: JUNE 9, 2014 TO: DIS I ION FROM: B TH A. BINSACK, Inter -Com DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: ACTIONS: ZONING ADMINISTRATOR MEETING, JUNE 5, 2014 TUSTIN f &11LMNG OUR FUTURF HONORING OUR PAS I Pursuant to Tustin City Code Section 9294a, any person may appeal any decision of the Zoning Administrator by filing a written notice within ten (10) calendar days of the Zoning Administrator's action, or June 15, 2014. This notice of actions taken by the Zoning Administrator is being transmitted to the City Council and Planning Commission prior to the end of the appeal period. On June 5, 2014, the Zoning Administrator took the following action(s): Agenda Item Action 1. CUP 2014 -04 Adopted Zoning Administrator Action No. 14 -002 (Attached) A request to authorize live entertainment use at an existing restaurant with alcoholic beverage sales. 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. Please contact me at 714- 573 -3031 if you have any questions regarding this matter. Distribution: Tustin City Council Planning Commission City Manager City Clerk Services Supervisor City Attorney 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 -04 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 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. \A� �1 VERA TIS AR N RECORDING SECRETARY STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN u� a ELIZABETH A. BINSACK ZONING ADMINISTRATOR 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. •.i �O RECORDING .. 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. Frida 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.