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HomeMy WebLinkAbout02 CUP 2015-05 & DR 2015-005♦�Y OAG NDA R PORT ITEM #1 MEETING DATE: APRIL 28, 2015 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2015-05 & DESIGN REVIEW 2015-005 APPLICANT: PROPERTY OWNER: VAH'D ADAMKHOSHBAKHT LOUIE PROPERTIES IVY LOUNGE AND GRILL 5936 TEMPLE CITY BLVD 14001 NEWPORT AVENUE, UNIT A TEMPLE CITY, CA 91780 TUSTI N, CA 92780 LOCATION: 14001 NEWPORT AVENUE, UNIT A GENERAL PLAN: OLD TOWN COMMERCIAL (OTC) ZONING: CENTRAL COMMERCIAL (C2) &COMBINING PARKING DISTRICT (P) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO AUTHORIZE ON-SITE BEER AND WINE SALES (ABC LICENSE TYPE 41) IN CONJUNCTION WITH A RESTAURANT AND OUTDOOR SEATING AREA LOCATED AT 14001 NEWPORT AVENUE, UNIT A. Planning Commission Report April 28, 2015 CUP 2015-05 & DR 2015-005 Page 2 RECOMMENDATION That the Planning Commission adopt Resolution No. 4281 approving Conditional Use Permit (CUP) 2015-05 and Design Review (DR) 2015-005 to authorize on-site beer and wine sales (ABC License Type 41) in conjunction with a restaurant and outdoor seating area located at 14001 Newport Avenue, Unit A. APPROVAL AUTHORITY The project site is located within the Central Commercial (C2) zoning district. Pursuant to Tustin City Code (TCC) Section 9233b(1) and 9232b(2), the C2 zoning district permits on-site alcoholic beverage sales in conjunction with a restaurant subject to the approval of a CUP. Section 9299b of the TCC authorizes the Zoning Administrator to forward any matter listed to the Planning Commission for consideration and action. Pursuant to Section 9277 of the TCC, approval of a DR is required for outdoor restaurant seating areas. BACKGROUND Site and Surrounding Properties The project site is located within an existing 7,400 square -foot commercial center, known as Makena Square, and bounded by Newport Avenue to the south, EI Camino Real to the east, a motel to the northwest, and is surrounded by commercial uses (Attachment A). The Ivy Lounge and Grill restaurant is located in Suite A of the shopping center, adjacent to El Camino Real. The center has approximately six (6) tenant spaces of similar square footage. Other businesses in the center include a day spa, hair and nail salon, dental office, and other retail uses. Figure 1: Zoning Map Planning Commission Report April 28, 2015 CUP 2015-05 & DR 2015-005 Page 3 On December 15, 2014, Code Enforcement was informed of the installation of non - approved outdoor seating and the construction of a 36 inch tall masonry wall within the new restaurant seating area. Code Enforcement staff investigated the project site and found that the business had installed booth seating that was not consistent with the prior approval for outdoor seating and the existing 36 inch masonry wall had been extended. In addition, Building Division staff identified restaurant tenant improvements that had commenced without a permit, a violation of California Building Code (CBC) Section 114 for construction without a permit (see Figure 2). Figure 2: Code Violation The business owner has since obtained building permits for restaurant tenant improvements and these permits have been issued and work completed. The applicant submitted this application to comply with the TCC regarding Outdoor Restaurant Seating, in conjunction with a new request for on-site alcoholic beverage sales. DISCUSSION Project Summary The applicant is requesting authorization for on-site alcoholic beverage sales for beer and wine (ABC License Type "41 ") in conjunction with a restaurant, Ivy Lounge and Grill, located in an approximately 1,386 square -foot tenant space. Restaurant includes 543 square -feet of interior restaurant seating. No expansion to the interior floor plan is proposed, however the applicant has proposed the expansion of the restaurant to include approximately 545 square -feet of outdoor seating area (restaurant seating), to Planning Commission Report April 28, 2015 CUP 2015-05 & DR 2015-005 Page 4 be converted from an existing outdoor seating area (seating in common). The proposed outdoor seating area includes: eighteen (18) tables, thirty-six (36) chairs, nine (9) patio umbrellas, and three (3) portable patio heaters per the submitted floor plan (Attachment C). Alcoholic Beverage Sales The sale of beer and wine for on-site consumption can be authorized in conjunction with a "bona fide" restaurant use 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 Guidelines, a restaurant use is defined as: "A retail establishment that sells food and beverages prepared on the site, where customers are served for on-site consumption." At least 80 percent of the premise's seating shall be designed and used for food consumption and must possess the necessary utensils, table, service, and condiment dispensers with which to serve meals to the public. Also, the gross annual sales of food must exceed the sale of alcohol. The submitted application states that approximately 95 percent of sales are estimated to be from food and 5 percent from beer and wine. The sale and consumption of alcoholic beverages is proposed within the interior restaurant space and the outdoor patio area. Planning Commission Resolution No. 4281 (Attachment D) contains conditions that are consistent with the City's Alcoholic Beverage Sales Establishment Guidelines for on-site sale and consumption of beer and wine in conjunction with a restaurant. Figure 3: Proposed Floorplan, Interior Outdoor Seating Use The proposed outdoor seating area includes the expansion of the existing three (3) foot masonry walls to be constructed proximate to the seating area and a three (3) foot tall glass windbreak be installed on top of the masonry way for a maximum of six (6) feet in Planning Commission Report April 28, 2015 CUP 2015-05 & DR 2015-005 Page 5 height. Outdoor seating area as proposed would include: eighteen (18) tables, thirty-six (36) chairs, nine (9) patio umbrellas, and three (3) portable outdoor heaters (Figure 4). Staff is recommending that the proposed outdoor seating be limited to thirty-two (32) seats to ensure that the outdoor seating area is ancillary to the restaurant use. The current outdoor seating guidelines outline that uses such as public schools, residential neighborhoods, churches, hospitals, and arcades should be considered when outdoor seating is proposed. The guidelines identify that outdoor seating areas within 600 feet of a public school should consider and mitigate for potential impacts to school children; the nearest public school is approximately 800 feet from the project site. The nearest residential use is approximately 220 feet from the outdoor seating area, which meets the minimum 200 -foot distance requirement between outdoor seating and residential uses. The nearest church use is on South B Street, approximately 800 feet from the project site. The restaurant use is a casual dining establishment, and no arcade or live entertainment uses are proposed with this project. "" C":20 ........_ m WW A#*P*%0* Old OX~ 0tob*'WA�d IF � _ i. �7sE15r; f 1,386 sq. ft. 3 Tom, S, 4° 322t ft. � t pQ y r. .. .... .. Poe MIUA 222.8'' 1 J, -4r � sq ft.� 7"40 r ?'$ tWAISYS PCST 415 sir t r 4p ysr s s. V t Figure 4: Proposed Floorplan, Outdoor Seating Project Summary • Gross Interior Area: 1,356 sq. ft. • Interior Restaurant Seating: 543 sq. ft • Outdoor Restaurant Seating: 545 sq. ft. • Outdoor Seating as Proposed: 0 18 Tables 0 36 Chairs 0 9 Umbrellas 0 3 Outdoor Heaters • Additional Alterations: 0 3' Masonry Wall (Expansion) 0 3' Glass Break on Wall Planning Commission Report April 28, 2015 CUP 2015-05 & DR 2015-005 Page 6 Figure 5: Proposed Elevation, Outdoor Seating Parking and Increased Seating The project site was originally developed in 2004 with a parking requirement of one (1) space per 200 square -feet of gross floor area throughout the center for a total of thirty- seven (37) spaces of off-street parking, reflecting parking requirements within TCC at the time. Since that time, the TTC has been updated to require one (1) space per two - hundred -fifty (250) square -feet for these same uses. When applied across the center, the new requirement would yield thirty (30) required spaces with seven (7) surplus spaces remaining. As this property is located within the Old Town Commercial (OTC) land use designation within the Tustin General Plan, this restaurant would qualify for the same parking requirement as that of the retail uses as it is replacing an approved use. No additional parking spaces shall be required when a restaurant use replaces a retail, service, or office use on a property located within both the Central Commercial District (C2) and the Old Town Commercial General Plan land use designation. For this reason, this location can utilize the same one (1) space per two -hundred -fifty (250) square -feet requirement as the remainder of the center. Planning Commission Report April 28, 2015 CUP 2015-05 & DR 2015-005 Page 7 As the existing outdoor seating area was approved as "seating in common" no additional parking was required for this use at the time of development. The applicant proposes a conversion of this space for restaurant outdoor seating, which requires additional parking be provided if the area is to contain more than twelve (12) seats or is larger than 50 percent of the restaurant's interior seating area. As recommended, the outdoor seating area would contain thirty-two (32) seats, and would occupy 545 square - feet of outdoor space. Using a parking ratio of one (1) space per 100 square -feet for any outdoor seating area greater than 50 percent of the interior seating area, a total of three (3) parking spaces is required. In summary, of the seven (7) surplus spaces, three (3) spaces will be assigned to the outdoor seating area. Therefore, the site has the required parking to support the additional seating area. Hours of Operation The restaurant's proposed hours of operation are 11:00 AM to 12:00 AM, Monday through Thursday and 11:00 AM to 2:00 AM, Friday through Sunday. Other businesses in the area, such as the Honda -Ya restaurant is closed at 1:00 AM; the Roma D'Italia restaurant is closed at 10:30 PM; and the former Quinn's closed at 12:00 AM on Saturday. The Planning Commission adopted a recent policy in that the Planning Commission may approve restaurants with alcoholic beverage sales to be open until 11:00 PM on weekdays and until 12:00 AM midnight on weekends. Staff recommends that the restaurant use be limited to 11:00 PM on weekdays and 12:00 AM on weekends consistent with Planning Commission policy and the outdoor seating operations terminate at 11:00 PM consistent with TCC Section 9277. FINDINGS In determining whether to approve the CUP for the on-site alcoholic beverage sales, the Planning Commission 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. In determining whether to approve the DR for outdoor seating, the Planning Commission must determine whether it can be found that the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. A decision to approve the CUP and DR request may be supported by the following findings: Planning Commission Report April 28, 2015 CUP 2015-05 & DR 2015-005 Page 9 1. The proposed sale of on-site alcoholic beverages in conjunction with an existing restaurant use is allowed within the Central Commercial (C2) zoning district with the approval of a CUP (Tustin City Code Section 9233(b)1 and 9232(b)2). 2. Pursuant to TCC Section 9271(dd), bona fide restaurants with on-site alcoholic beverage sales are exempt from distance separation requirements to residential uses, sensitive uses, and other alcoholic beverage sales establishments. 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 existing and proposed on-site consumption of alcoholic beverages would be in conjunction with a restaurant use where food will be served at all times when alcoholic beverages are served. 5. The location of the outdoor seating area meets the distance separation from certain uses identified in the current outdoor seating guidelines. 6. The design for the outdoor seating area are compatible with the proposed overall design of the building. 7. The outdoor seating area is included in the parking analysis for the restaurant use, which can be accommodated by the existing parking. 8. The restaurant is located within a commercial building and a commercial corridor along Newport Avenue where a variety of retail, office, and restaurant uses are located. The recommended restaurant hours of operation of 11:00 PM on weekdays and 12:00 AM midnight on weekends with outdoor seating terminating at 11:00 PM are consistent with the characteristics of restaurant uses and hours of operation of the restaurant would be similar to other restaurants in the vicinity. 9. The Tustin Police Department has reviewed the application and has no immediate concerns. Staff recommends that the Planning Commission adopt Planning Commission Resolution No. 4281 approving CUP 2015-05 and DR 2015-005 to sell alcoholic beverages in conjunction with an existing 1,386 square -foot restaurant and establish a 545 square -foot outdoor seating area located at 14001 Newport Ave., Suite A. Samantha D. Beier Assistant Planner Elizabeth A. Binsack Community Development Director Planning Commission Report April 28, 2015 CUP 2015-05 & DR 2015-005 Page 9 Attachments: A. Location Map B. Land Use Application Fact Sheet C. Submitted Plans D. Planning Commission Resolution No. 4281 ATTACHMENT A OCATION MAP LOCATION MAP 14001 NEWPORT AVENUE, UNIT A ATTACHMENT B LAND USE APPLICATION FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2015-05 & DR 2015-005 2. LOCATION: FORMER STARBUCKS COFFEE 3. 3. ADDRESS: 14001 NEWPORT AVENUE, UNIT A 4. APN(S): 401-641-11 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: CUP 04-028, DR 04-023, TPM 2004-256 (Site Development) 6. SURROUNDING LAND USES: NORTH: COMMERCIAL & RESIDENTIAL SOUTH: COMMERCIAL EAST: COMMERCIAL WEST: COMMERCIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: PC — PLANNED COMMUNITY SOUTH: C2 — CENTRAL COMMERCIAL EAST: PC COM— PLANNED COMMUNITY COMMERCIAL; CG — COMMERCIAL GENERAL WEST: C2 P — CENTRAL COMMERCIAL WITH PARKING OVERLAY 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: OTC — OLD TOWN COMMERCIAL SOUTH: PCCB — PLANNED COMMUNITY COMMERCIAL /BUSINESS EAST: OTC — OLD TOWN COMMERCIAL; CC — COMMUNITY COMMERCIAL WEST: OTC — OLD TOWN COMMERCIAL 9. SITE LAND USE: A. EXISTING: RESTAURANT B. PROPOSED: SAME C. GENERAL PLAN: OTC — OLD TOWN COMMERCIAL PROPOSED GP: SAME D. ZONING: C2 P — CENTRAL COMMERCIAL WITH PARKING OVERLAY PROPOSED ZONING: SAME DEVELOPMENT FACTS: 10. LOT AREA: 27,556 SF/0.63 ACRES APPROX. (BUILDING AREA: 7,400 SF) TENANT SPACE: 1,386 SF; OUTDOOR SEATING: 545 SF 11. PARKING: 37 STALLS PROVIDED; NO CHANGE TO PARKING 12. TENANT IMPROVEMENTS: COMPLETE; CONVERSION TO RESTAURANT ATTACHMENT C SUBMITTED PLANS ��E 4o -0 - mi sal wr C 10-0 iai CL yidroroo, its NOTE.: Contractor shall check and verify all dimensions, conditions,, notes, and specifications at job site and shall report any and aft L dlicrepancles prior to bid and starting work. ---- ------- i ENote- All dimensions and conditions to be Verified nF ?ite I d -1 TS3x3xY4 POST Mo .. . ....... .. TSWxYd POST 14 —9* A., 7 5 I Lq-w ! -A 4 1 -NEW CANOPY POST PLAN TS3x3xY4 POST Tye -A T33x3YY4 POST TS3x3x.V4 POST POST IF-) 74.r TALL 0 W THICK CONCRM WALL iCL TS3x3KY4 PT PTO TS3x3XY4 POST TSU3xX4 POST z TS3x3x.V4 POST POST IF-) 74.r TALL 0 W THICK CONCRM WALL iCL Ana . r +fie a� i 4. M p �KK ♦�°}�'"" � .;g � v=ia A � 5 R F fl ak"�t. f �{F M p �KK e� J - R- T # s � � 1 •� '"�• r ��� �""� r � yyytoo ;ftp s t wNOW x�Alkic�. + ATTACHMENT D PLANNING COMMISSION RESOLUTION NO. 4281 RESOLUTION NO. 4281 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 2015-05 AND DESIGN REVIEW 2015-005 AUTHORIZING ON-SITE ALCOHOLIC BEVERAGE SALES FOR BEER AND WINE (ABC LICENSE TYPE 1141 ") IN CONJUNCTION WITH RESTAURANT WITHIN A 11386 SQUARE FOOT TENANT SPACE AND THE ESTABLISHMENT OF A 545 SQUARE FOOT OUTDOOR SEATING AREA LOCATED AT 14001 NEWPORT AVENUE, UNIT A. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application was filed by Vahid Adamkhoshbakht of Ivy Lounge and Grill Restaurant, requesting authorization for on-site alcoholic beverage sales for beer and wine (ABC License Type "41 ") in conjunction with a bona fide restaurant located in a 1,386 square foot tenant space and the establishment of a 545 square foot outdoor seating area located at 14001 Newport Avenue, Unit A. B. The project site is located within the Central Commercial (C2) and Combining Parking District (P) zoning districts and has a General Plan land use designation of Old Town Commercial which provides for a variety of retail and service commercial uses including restaurant uses. Pursuant to Tustin City Code (TCC) Sections 9233b(1) and 9232b(2), alcoholic beverage sales establishments are conditionally permitted in the Central Commercial District. Section 9299b of the TCC authorizes the Zoning Administrator to forward any matter listed to the Planning Commission for consideration and action. Pursuant to Section 9277 of the TCC, approval of a DR is required for outdoor restaurant seating areas. In addition, the project has been reviewed for consistency with the Air Quality Sub -element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub -element. C. The proposed restaurant use is located in a commercial building and commercial corridor where a variety of retail and restaurant uses are located. The characteristics of the proposed use and hours of operation would be similar to other restaurants in the vicinity. D. This project has been deferred from the Zoning Administrator to the Planning Commission due to prior Code Enforcement violations, construction without a permit, and business hours pass midnight. E. That due to prior Code Enforcement violations and construction without permits, a pre -citation notice is included herein. Resolution No. 4281 Page 2 F. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2015-05 and DR 2015-005 on April 28, 20153 by the Planning Commission. G. 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; the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole of the City of Tustin in that: 1. The proposed sale of on-site alcoholic beverages in conjunction with an existing restaurant use is allowed within the Central Commercial (C2) zoning district with the approval of a Conditional Use Permit (Tustin City Code Section 9233(b)1 and 9232(b)2). 2. Pursuant to Tustin City Code Section 9271(dd), bona fide restaurants with on-site alcoholic beverage sales are exempt from distance separation requirements to residential uses, sensitive uses, and other alcoholic beverage sales establishments. 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 existing and proposed on-site consumption of alcoholic beverages would be in conjunction with a restaurant use where food will be served at all times when alcoholic beverages are served. 5. The location of the outdoor seating area meets the distance separation from certain uses identified in the current outdoor seating guidelines. 6. The design for the outdoor seating area are compatible with the proposed overall design of the building. 7. The outdoor seating area is included in the parking analysis for the restaurant use, which can be accommodated by the existing parking. 8. The restaurant is located within a commercial building and a commercial corridor along Newport Avenue where a variety of retail, office, and restaurant uses are located. The recommended restaurant hours of operation of 11:00 PM on weekdays and 12:00 AM midnight on weekends with outdoor seating terminating at 11:00 PM are consistent Resolution No. 4281 Page 3 with the characteristics of restaurant uses and hours of operation of the restaurant would be similar to other restaurants in the vicinity. 9. The Tustin Police Department has reviewed the application and has no immediate concerns. H. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Il. The Planning Commission hereby approves Conditional Use Permit 2015-05 and Design Review 2015-005 authorizing the sale of alcoholic beverages in conjunction with an existing 1,386 square -foot restaurant and 545 square -foot outdoor seating area located at 14001 Newport Ave., Suite A, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 28th day of April, 2015. JEFF R. THOMPSON Chairperson ELIZABETH A. BI NSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4281 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of April, 2015. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL EXHIBIT A RESOLUTION NO. 4281 CONDITIONAL USE PERMIT 2015-05 DESIGN REVIEW 2015-005 CONDITIONS OF APPROVAL The proposed project shall substantially conform to the submitted plans for the project date stamped April 28, 2015, 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 2015-05 and Design Review 2015-005 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. 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 Exhibit A Resolution No. 4281 Page 2 (1) 1.5 This condition shall serve to inform the responsible person(s) of the compliance requirements pursuant to the Tustin City Code (TCC) and/or other applicable codes, laws, and conditions. Failure to comply with the conditions of approval set forth herein may result in the issuance of an administrative citation pursuant to TCC 1162(a). Fines may be assessed by means of an administrative citation as follows: $100.00 for a first violation; $200.00 for a second violation of the same ordinance or permit within one year of the first violation; or $500.00 for a third or any further violation of the same ordinance or permit within one year of the first violation. Building and Safety Code (TCC Sec. 8100 — 8999) violations may be assessed at $100.00 for a first violation; $500.00 for a second violation of the same ordinance or permit within one year of the first violation; or $1,000.00 for a third or any further violation of the same ordinance or permit within one year of the first violation. The City may also take further legal action including issuing the responsible person(s) a criminal citation and/or abating the violation(s) with the cost of such abatement and/or prosecution assessed against the responsible person(s), the property owner(s), and/or the property as a lien. (1) 1.6 Conditional Use Permit 2015-05 and Design Review 2015-005 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 2015- 05 and Design Review 2015-005, or is found to be a nuisance or negative impacts are affecting the surrounding 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 Conditional Use Permit 2015-05 and Design Review 2015-005, 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. Exhibit A Resolution No. 4281 Page 3 (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 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 41). A copy shall be provided to the City prior to final inspection. 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 in the Tustin City Code. USE RESTRICTIONS (1) 2.1 The approval is for a restaurant use with on-site beer and wine license and outdoor seating only. (1) 2.2 The applicant shall comply with all applicable federal, state, county and city laws and regulations concerning accessibility and nondiscrimination in the provision of services, and operation of the outdoor restaurant seating area shall not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. (1) 2.3 No outdoor keeping or storage of food or beverages to be served shall be permitted. No open keeping or storage of used dishes, utensils or food scraps shall be permitted. Self-closing outside trash containers shall be provided to the satisfaction of the Community Development Department. All outdoor restaurant seating areas shall be cleaned on a continual daily basis. (1) 2.4 Business hours are limited to the following: • Restaurant may operate until 11:00 PM on weekdays and until 12:00 AM on weekends. • Outdoor seating operations shall terminate no later than 11:00 PM daily. Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Operation of an outdoor restaurant seating area shall be permitted only at such times as the main restaurant use is open. Exhibit A Resolution No. 4281 Page 4 (1) 2.5 An outdoor restaurant seating area may have a menu board that does not exceed six (6) square feet in area. (1) 2.6 Doors from the main restaurant to the outdoor restaurant seating area shall be self-closing. (1) 2.7 This approval authorizes a Type 41 ABC License (on-site beer and wine sales) in conjunction with a bona fide public eating place. The proposed on-site consumption of beer and wine must be consistent with the Department of Alcoholic Beverage Control requirements. Any changes and/or upgrades to the ABC License shall be reviewed and approved by the Community Development Director. The sale and consumption of alcoholic beverages in the outdoor restaurant seating area shall be restricted by and subject to any required State Alcoholic Beverage Control or other applicable license or permit governing the restaurant. Any outdoor restaurant seating area where alcoholic beverages are sold or consumed shall be enclosed by a border and shall be supervised at all times by an employee of the restaurant. No alcoholic beverages may be removed from the outdoor restaurant seating area, except to the interior of the restaurant. (1) 2.8 The outdoor restaurant seating area shall not obstruct any fire exit, fire escape, or other required ingress or egress to any structure or property. (1) 2.9 All restaurant use shall comply with the City's Noise Ordinance. (1) 2.10 No Live entertainment or amplified noise is permitted without a valid Live Entertainment Permit. (1) 2.11 Lighting shall be provided to illuminate the outdoor restaurant seating area. (1) 2.12 Outdoor restaurant seating area must comply with the approved plans and regulations and requirements set forth in TCC Section 9277. Any significant modifications to the outdoor seating area or seating within must be approved by the Community Development Director. (1) 2.13 The restaurant establishment shall have a maximum of thirty-six (36) seats indoors and thirty-two (32) seats outdoors. Any increase in the number of seats is subject to written approval from the Community Development Director. All outdoor furniture and fixtures must be of durable and sturdy construction and suitable for outdoor use. Furniture shall be in good condition without any visible dents, tears, rust, corrosion, or chipped or peeling paint and that it be in a clean condition at all times. Exhibit A Resolution No. 4281 Page 5 (1) 2.14 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) 2.15 The menu of the restaurant shall consist of foods that are prepared on the premises. (1) 2.16 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. (1) 2.17 The gross annual sales receipts shall be provided to the Community Development Department annually. To verify that the gross annual sale of food exceeds the gross annual alcohol sales, an audited financial statement shall be provided for review and approval by the Community Development Director upon request. If the audited financial statement demonstrates that the sale of alcohol exceeds the sale of food, the sate of alcoholic beverages shall cease immediately. (1) 2.18 "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) 2.19 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. (1) 2.20 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (1) 2.21 All on-site signs, including permanent and temporary signs/banners, shall comply with the City of Tustin Sign Code. (1) 2.22 Outdoor furnishings, umbrellas, etc. shall not encroach into the City right of way unless a license is obtained from the Public Works Department. *** 2.23 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the study indicates that there is inadequate parking, the applicant shall be required to provide Exhibit A Resolution No. 4281 Page 6 immediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. Any future parking studies shall consider possible changes to the number of seats or outdoor area as allowable under Tustin City Code Section 9277. PLAN SUBMITTAL (1) 3.1 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. At plan check, all exterior colors and materials shall be submitted for review and approval by the Community Development Department. (1) 3.2 Prior to issuance of building permit, Orange County Environmental Health and Orange County Fire Authority approval is required. (1) 3.3 Masonry wall shall include a uniform cap for all wall segments to be approved by the Community Development Director prior to the issuance of a building permit. (1) 3.4 Current Federal Americans with Disabilities Act (ADA) requirements *** shall be met at all driveways and sidewalks adjacent to the site. The applicant shall remove and reconstruct the driveway on Centennial Way. (1) 3.5 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). A. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50 percent of the project waste material. B. The applicant will be required to submit a $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 five (5) percent of the project's valuation. C. Prior to issuance of any permit, 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." Exhibit A Resolution No. 4281 Page 7 (1) 3.6 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer. 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 • Encroachment Permit plan check and permit fees • Orange County Fire Authority fees (195) 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.