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HomeMy WebLinkAboutPC RES 4281RESOLUTION 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 "41") IN CONJUNCTION WITH RESTAURANT WITHIN 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. 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, 2015, 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 with the characteristics of restaurant uses and hours of operation of the restaurant would be similar to other restaurants in the vicinity. Resolution No. 4281 Page 3 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). II. 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. JEWkVTHbIVl0SON Chairperson ELIZABETH A. BINSACK 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. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary Altowaiji, Kozak, Lumbard, Smith, Thompson (5) EXHIBIT A RESOLUTION NO. 4281 CONDITIONAL USE PERMIT 2015-05 DESIGN REVIEW 2015-005 CONDITIONS OF APPROVAL GENERAL (1) 1.1 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 sale 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. (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 (1,S) 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.