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HomeMy WebLinkAboutPC RES 4294RESOLUTION NO. 4294 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2015-20 TO SERVE ALCOHOLIC BEVERAGES FOR ON-SITE CONSUMPTION (ABC TYPE 47 LICENSE) IN CONJUNCTION WITH SPECIAL EVENTS WITHIN AN EXISTING ANCILLARY BANQUET FACILITY AT AN EXISTING AUTOMOTIVE MUSEUM LOCATED AT 1302 INDUSTRIAL DRIVE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit (CUP) 2015-20, was filed by the Marconi Automotive Museum and Foundation for Kids requesting authorization to serve alcoholic beverages (ABC Type 47 License — On -Sale General for a Bona Fide Public Eating Place) in conjunction with special events within an ancillary banquet area facility at the existing Marconi Automotive Museum located at 1302 Industrial Drive. B. That the Planned Community zoning designation, Pacific Center East Specific Plan, and Planned Community Commercial/Business General Plan land use designation provide for a variety of commercial, office, and industrial uses. 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. That pursuant to Section 4.5.E. of the Pacific Center East Specific Plan, the Community Development Director has determined that a conditional use permit is required for on-site alcoholic beverage service for special events within an ancillary banquet area facility within the Technology Center planning area of the Pacific Center East Specific Plan. D. That on March 15, 2011, the Tustin City Council adopted Resolution No. 11-17, approving CUP 09-030 to allow the Marconi Automotive Museum and Foundation for Kids to operate ancillary banquet facilities in conjunction with the existing automotive museum located at 1302 Industrial Drive. E. That a public hearing was duly called, noticed, and held for said application on September 8, 2015, by the Planning Commission. Resolution No. 4294 Page 2 F. 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, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1. The banquet use would remain ancillary use to the existing primary automotive museum use. 2. No fundamental change in the use or operation of the business would occur as on-site alcoholic beverage service already occurs in conjunction with special events in the ancillary banquet area through the use of catering companies. 3. The on-site consumption of alcoholic beverages would be in conjunction with food service during special events only. As conditioned, no alcoholic beverages would be served during regular business hours of the primary automotive museum use. 4. The Tustin Police Department has reviewed the application and has no immediate concerns. G. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves CUP 2015-20 authorizing the service of alcoholic beverages (ABC Type 47 License — On -Sale General for a Bona Fide Public Eating Place) in conjunction with special events within an ancillary banquet area facility at the existing Marconi Automotive Museum located at 1302 Industrial Drive. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 8t" day of September, 2015. J T MPSON Chairperson E IZABETH A. BINSACK Planning Commission Secretary Resolution No. 4294 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, Commission Secretary of the City of Tustin, duly passed and adopted at a regular meeting on the 8t" day of September, 2015. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSAC Planning Commission Secretary hereby certify that I am the Planning California; that Resolution No. 4294 was of the Tustin Planning Commission, held Altowaiji, Kozak, Smith, Thompson (4) umbard EXHIBIT A RESOLUTION NO. 4294 CONDITIONAL USE PERMIT 2015-20 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 8, 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 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) 1.3 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) 1.4 Approval of Conditional Use Permit 2015-20 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 Tustin City Code Section 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. SOURCE CODES (1) STANDARD CONDITION (5) (2) CEQA MITIGATION (6) (3) CALIFORNIA BUILDING CODE/S (7) (4) DESIGN REVIEW *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A Resolution No. 4294 Page 2 (1) 1.7 As a condition of approval of Conditional Use Permit 2015-20, 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 defense of any such action under this condition. (1) 1.8 Conditional Use Permit 2015-20 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with conditions of approval included in this Exhibit, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (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 47). (1) 1.10 Approved uses shall operate within all applicable State, County, and the Tustin City Code. 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 (***) 2.1 Alcoholic beverages may only be served in conjunction with food service during special events held in the ancillary banquet area at the Automotive Museum. The banquet area and special events shall remain ancillary to the primary use of an Automotive Museum. Food service and/or alcoholic beverage service shall be prohibited during regular business hours of the primary use of the Automotive Museum when open to the general public (1) 2.2 Operation of the special events in the ancillary banquet area shall comply with the conditions of approval of Conditional Use Permit 09-030 contained within City Council Resolution No. 11-17. Any change to the use shall require review and approval by the Community Development Director. Exhibit A Resolution No. 4294 Page 3 (1) 2.3 This approval authorizes a Type 47 ABC License (on-site general sales) in conjunction with a bona fide public eating place. Any changes to the ABC License shall be reviewed and approved by the Community Development Director. (1) 2.4 The on-site service/sales of alcoholic beverages shall be limited to the hours when special events are held and shall cease by 2:00 am. (1) 2.5 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) 2.6 Food shall be available during all hours of alcoholic beverage service. (1) 2.7 Any live entertainment provided at the project site shall comply with TCC Section 3231 et seq. regarding Live Entertainment. (1) 2.8 All persons serving alcoholic beverages during special events (only time allowed) at the facility 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/service. (1) 2.9 To verify that the gross annual sale of food exceeds the gross annual sales of alcoholic beverages, 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 alcoholic beverages exceeds the sale of food, the Community Development Director may initiate proceedings to revoke the Conditional Use Permit. (1) 2.10 Business operations shall be conducted in a manner that does not create a public or private nuisance and in compliance with the City of Tustin Noise Ordinance. Any such nuisance must be abated immediately upon notice by the City of Tustin. FEES (1) 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 that 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.