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HomeMy WebLinkAbout03 PC REPORT CUP 2015-09_DR 2015-011 AMERICAN GRUBMEETING DATE TO: FROM: SUBJECT: APPLICANT: AGENDA REPORT OCTOBER 27, 2015 PLANNING COMMISSION COMMUNITY DEVELOPMENT DEPARTMENT ITEM 43 CONDITIONAL USE PERMIT 2015-09 & DESIGN REVIEW 2015-011 PROPERTY OWNER: KIMBERLY CONROY ARNOLD SURFAS AMERICAN GRUB 145 W. FIRST STREET 365 EL CAMINO REAL TUSTIN, CA 92780 TUSTIN, CA 92780 LOCATION: 365 EL CAMINO REAL 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: A REQUEST TO ESTABLISH AN ALCOHOLIC BEVERAGE SALES ESTABLISHMENT WITH OUTDOOR SEATING AND TO SATISFY REQUIRED ON-SITE PARKING (SEVENTEEN (17) PARKING STALLS) THROUGH THE OLD TOWN PARKING EXCEPTION PROGRAM AT 365 EL CAMINO REAL. PC Report October 27, 2015 CUP 2015-09 & DR 2015-011 Page 2 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4298 (Attachment D) approving Conditional Use Permit (CUP) 2015-09 and Design Review (DR) 2015-011 to authorize on-site beer and wine sales (ABC License Type 41) in conjunction with a restaurant and outdoor seating area and a parking exception of seventeen (117) parking spaces for the property located at 365 El Camino Real. APPROVAL AUTHORITY Pursuant to Tustin City Code (TCC) Section 9352J3(d)(3)(d), the proposed project requires approval from the Planning Commission in order to satisfy all or a portion of required on-site parking spaces through an Old Town Parking Exception Program (Parking Program) agreement. Pursuant to TCC Section 9233b(1) and 9232b(2), the Central Commercial (C2) zoning district permits on-site alcoholic beverage sales in conjunction with a restaurant subject to the approval of a CUP. Pursuant to Section 9277 of the TCC, design review approval is required for outdoor restaurant seating areas. BACKGROUND: Site and Surrounding Properties The property is located within the C2 District and Cultural Resources (CR) District with Combining Parking (P) Zoning District. The General Plan land use designation is Old Town Commercial which allows for a variety of retail, professional office, service commercial, and other uses which support the land use. The subject property is located on an approximately 6,970 square foot lot and improved with a 3,250 square foot, single - story building with two (2) tenant spaces equal in size (Figure 1). PC Report October 27, 2015 CUP 2015-09 & DR 2015-011 Page 3 Figure 1: Zoning Map Prospect Village commercial businesses and residential (live -work) units are located east of the project site within a planned community. All other surrounding uses to the project are commercially zoned and also lie within the C2 District and CR District with Combining (P) Zoning District. 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, American Grub, located in an approximately 1,625 square -foot tenant space. The adjacent tenant, The Swinging Door Saloon, operates as a cocktail bar under a Type 48 alcoholic beverages sales license. Both businesses are owned and operated by KDC Acquisitions Inc. and will be linked through the addition of a four -foot by three-foot (4'x3') pass-through window for food service as shown in submitted plans (Attachment C). Food prepared within the American Grub kitchen will be served within The Swinging Door Saloon business, but no alcoholic beverages shall be served through the pass-through window. Restaurant includes 400 square -feet of interior restaurant seating and the applicant has proposed expansion of the restaurant to include approximately 185 square -feet of outdoor restaurant seating. The proposed outdoor seating area includes: Four (4) tables and sixteen (16) seats per the submitted plans (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 (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 85 percent of sales are estimated to be from food and 15 percent from beer and wine. The sale and consumption of alcoholic beverages is proposed within the interior restaurant space and the outdoor patio area (Figure 2). No alcoholic beverages may be served or consumed within any portion of the outdoor seating area when an approved ABC compliant barrier is not present. Resolution No. 4298 contains conditions that are consistent with the Guidelines for on-site sale and consumption of beer and wine in conjunction with a restaurant. PC Report October 27, 2015 CUP 2015-09 & DR 2015-011 Page 4 FRY b g$ F . re 3RRA^1,..,- I •. �. , �-'- � - -- •Cl r • NF7�?%�� F�5 - � : t 1 MaQ i -JA r l+LPf. 16, i 0 rtieznNu• __._ t ---z. � 'NSiIN 1�SEJ1� --'i .c`v�in Figure 2: Floor Plan Outdoor Seating Use Outdoor seating is proposed to be located within the existing five-foot setback and would extend four -feet into the public right-of-way. Sidewalk width from proposed outdoor seating barrier location to curb is eight -feet, six -inches (8'-6") in width, exceeding minimum walkway requirements. The proposed outdoor seating area includes: Four (4) tables and sixteen (16) seats. A portion of the proposed outdoor seating area would be located in front of the adjacent business due to the existing site configuration; however, seating is to be used for patrons of the American Grub restaurant only. Prior to permit issuance, the applicant would enter into an Outdoor Restaurant Seating Area Revocable License Agreement with the City and any barrier will be removed upon request by the City. Resolution No. 4298 contains conditions that are consistent with TCC Section 9277 for Outdoor Restaurant Seating Areas. �M'. "�".,,I�m'abq �#nmrcwe� c«emn gnu skew ram�w Hwy irr,�v pure 3: Front Elevation and Barrier PC Report October 27, 2015 CUP 2015-09 & DR 2015-011 Page 5 Hours of Operation The restaurant's proposed hours of operation are 8:00 AM to 10:00 PM daily and are consistent with the characteristics of restaurant uses. Hours of operation of the restaurant would be similar to other restaurants in the vicinity and would be consistent with outdoor restaurant seating requirements detailed in TCC Section 9277. PARKING The property currently provides eleven (11) non -conforming parking spaces for the existing Swinging Door Saloon business. Since no parking spaces are available to accommodate the new restaurant, the applicant has agreed to enter into a Parking Program agreement in order to accommodate required parking for the square footage of the restaurant and outdoor seating area. The current cost is $60 per space, per year, calculated at one (1) space per 100 square feet. Based upon the City's current Parking Ordinance, a total of seventeen (17) parking spaces are required for the intended use of a restaurant with outdoor seating area. Use Square Footage Parking Ratio Parking Spaces Interior Restaurant 1,625 s.f. 1/100 s.f. Ratio = 16.3 Spaces Outdoor Seating 185 s.f. N/A 0 Spaces Total Required = 17 Spaces Total Provided = 0 Spaces Defi Aency = 17 Spaces Parking Exception On April 3, 2012, the City Council adopted Ordinance No. 1416 providing an additional parking exception for the commercial portion of the CR District. This Ordinance provided an exception to the on-site parking requirements by allowing an applicant to pay a fee to satisfy the number of required parking spaces not provided on site. TCC Section 9352J3(d)(3)(d) implements the aforementioned parking exception for on- site parking requirements for development proposed within both the C2 District and the Old Town Commercial General Plan land use designation of the commercial portion of Old Town Tustin. All, or a portion of, the required number of on-site parking spaces may be satisfied through the payment of a fee, in an amount determined by Fee Resolution of the City Council, upon a determination of the Planning Commission that the proposed project meets specific findings. The Program is typically associated with new development within Old Town; however, the proposed project is changing the use of a property and meets the intent of the Program. PC Report October 27, 2015 CUP 2015-09 & DR 2015-011 Page 6 The applicant has opted to pay for seventeen (17) parking stalls at $60 per space annually in lieu of providing parking spaces on-site. Participation in the City's program will require an annual fee of $1,020 which reimburses the City for parking maintenance fees (as determined by City Council Resolution No. 12-27). The following list of required findings and responses have been provided. Finding 1: The proposed project is an infill project located within the C2 District of Old Town. Response: The proposed business is located within a historic building, constructed in 1925, and until recently has been utilized for retail uses. The Parking Program agreement, which the applicant is requesting to utilize, would provide greater flexibility in uses and could aid in the conversion of this property to a restaurant use. The original tenant, Fred & Daffy's Antiques and Collectables, has vacated the property and the new business owner is seeking more flexibility in meeting on-site parking requirements to allow for a restaurant use and draw business to Old Town Tustin. Finding 2: That the proposed project is considered to be relatively small. Response: The project consists of an existing, two -tenant, 3,250 square foot building on an approximately 6,970 square foot lot. Tenant spaces are equal in size and are approximately 1,625 square feet individually. This is deemed to be relatively small in the realm of commercial real estate. Finding 3: That the proposed project has incorporated building or site design enhancements that make it an outstanding addition to Old Town Tustin. Response: The existing Neoclassical building on the property is a unique contributor to the commercial building portfolio in Old Town Tustin as it was originally constructed in 1925 and still retains most of its original integrity today. Exterior building modifications are minimal and the proposed outdoor seating and bar counter complement Old Town Tustin's design and character. Finding 4: That the proposed project provides some on-site parking, but is aesthetically superior to one that provided all required parking on site. Response: The property currently provides eleven (11) on-site parking spaces for the existing Swinging Door Saloon business that is located on the same parcel. To accommodate the restaurant use, the applicant has agreed to enter into a parking exception agreement. A total of seventeen (17) parking spaces are required for the intended use of a restaurant with outdoor seating area and all required spaces would be satisfied through the Parking Program agreement. PC Report October 27, 2015 CUP 2015-09 & DR 2015-011 Page 7 Finding 5: That the project applicant shall agree to pay an annual fee for each public space not provided on site. Response: The applicant is aware of the required annual fee of $60 per parking space established by the City Council. In addition, the applicant is also aware that the fee is subject to change as determined by the City Council. The conditions of approval require payment of the annual fee. Finding 6: Other findings that may be adopted from time to time by the City Council. Response: The project would be required to comply with other findings and criteria adopted by the City Council. The parking exception for this project is consistent with the City's goal of introducing customer -attracting commercial uses, replacing underutilized and vacant parcels, generating jobs, increasing the number of persons shopping and working in Old Town Tustin, and fostering economic development of the surrounding areas. Furthermore, the City has prepared the Old Town Parking Study that concluded that there is a significant amount of available parking in the area. Therefore, the recommendation to allow the exception to the requirement of seventeen (17) parking stalls is appropriate for this proposal. In determining whether to approve the CUP for the on-site alcoholic beverage sales and an exception to the required parking, 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; and that the project meets the required findings for a parking exception as identified in Section 9352J3(d)(3)(d) of the Tustin City Code. In determining whether to approve the Design Review 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 this request may be supported by the following findings: The proposed sale of on-site alcoholic beverages in conjunction with an existing restaurant use is allowed within the C2 District with the approval of a CUP (TCC 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. PC Report October 27, 2015 CUP 2015-09 & DR 2015-011 Page 8 3. As conditioned, the proposed on-site consumption of beer and wine is consistent with the 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 design for the outdoor seating area is compatible with the proposed overall design of the building. 6. The outdoor seating area is included in the parking analysis for the restaurant use, which can be accommodated by a Parking Program agreement. 7. The restaurant is located within a commercial building and a commercial corridor along El Camino Real where a variety of retail, office, and restaurant uses are located. The requested restaurant hours of operation of 8:00 AM until 10:00 PM daily and are consistent with the characteristics of restaurant uses, and hours of operation of the restaurant, would be similar to other restaurants in the vicinity. 8. The restaurant, as proposed, is compatible and consistent with development within the commercial areas of Old Town Tustin. There are commercial buildings providing the same use as proposed within the immediate vicinity of the project site. 9. The proposed development meets the findings required within Section 9352J3(d)(3)(d) of the TCC to allow for the granting of a parking exception. 10. The City previously prepared the Old Town Parking Study that concluded that there is a significant amount of available parking in the area. 11.The parking exception for this project is consistent with the City's goal of introducing customer -attracting commercial uses, replacing underutilized and vacant parcels, generating jobs, increasing the number of persons shopping and working in Old Town Tustin, and fostering economic development of the surrounding areas. 12. The City's Police Department has reviewed the application and has no immediate concerns. PC Report October 27, 2015 CUP 2015-09 & DR 2015-011 Page 9 Amm/,� Samantha Beier Assistant Planner Elizabeth A. Binsack Community Development Director Attachments: A. Location Map B. Land Use Application Fact Sheet C. Submitted Plans D. Resolution No. 4298 ATTACHMENT A Location Map LOCATION MAP 365 EL CAMINO REAL PEPPER- II 180 185 + 185795 v Tv � ^190 195 725 188 7 TREE P K 115 S. PROSPECT AV. —j 185y882 is SECOND ST. r 208 2 i 2.2 SAG 200 205 20 TUSTIN AREA SENIOR CENTER 2t 21 212 200 1 220 225 230 215 22 222 245 224 235 240 234 232 230 ADMIN 27 a n 240 245 250 244242 V3 278 255 r . 225Ln ^ 29 BLDG. �2 277 O°287 __ _... _ 300 � ^_ THIRD 5T rig 305 130 _ T301 } N chi vQ w m `ca i 5a W r 300 305303 Imo` �.�' N N N N N N 315 324322 l837339 IJ i B ( 320 325 333 --1 � ' 334 332 335 t 3D 339 r 3 N 0 ur 38 .. M rn m PROJECT SITE w .- j 379 p I N N iv N N S t 1 n7 N MAIN STREET C'3 kT-O P' 1481-7 401 M � 420-4 430 434 405 N N 434 N N 445 440 439 42443 m 450 N 500 505 460 -0 45447 449 505 510 453 515 520 4 �avi� mvomN �nvNi vv vvvvw 515 525 530 535 540 1, r ATTACHMENT B Land Use Application Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2015-09 & DR 2015-011 2. LOCATION: FORMER FRED & DAFFY'S ANTIQUES AND COLLECTIBLES 3. ADDRESS: 365 EL CAMINO REAL 4. APN(S): 401-585-05 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: DR 89-036NAR 89-06 (Addition of 3,675 SF) 6. SURROUNDING LAND USES: NORTH: COMMERCIAL SOUTH: COMMERCIAL EAST: COMMERCIAL& RESIDENTIAL WEST: COMMERCIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: C2 P — CENTRAL COMMERCIAL WITH PARKING OVERLAY SOUTH: C2 P — CENTRAL COMMERCIAL WITH PARKING OVERLAY EAST: PC— PLANNED COMMUNITY WEST: C2 P —CENTRAL COMMERCIAL WITH PARKING OVERLAY 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: OTC — OLD TOWN COMMERCIAL SOUTH: OTC — OLD TOWN COMMERCIAL EAST: OTC —OLD TOWN COMMERCIAL WEST: OTC — OLD TOWN COMMERCIAL 9. SITE LAND USE: A. EXISTING: RETAIL B. PROPOSED: RESTAURANT 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: 6,970 SF (APPROX BUILDING AREA: 3,250 SF) TENANT SPACE: 1,625 SF; OUTDOOR SEATING: 185 SF 12. PARKING: 15 REQUIRED STALLS 0 PROVIDED STALLS PARKING EXCEPTION REQUESTED FOR 17 STALLS 12. TENANT IMPROVEMENTS: INTERIOR TENANT IMPROVEMENTS, OUTDOOR SEATING AND MINOR EXTERIOR IMPROVEMENTS, ATTACHMENT C Submitted Plans ON �Ab �N pTpm�� Pz nN mzc• mmmzc CcmpO my DV1D �mA D \�Z vz��oo� wzo zm�o�`no Dov=no 29 ozp�mm -1 -IAmrSO a zizm -am o3 z,z> nmAIARp Ec!mm -C lm>n om Col>;u'> TNI ty mD Doo mDm mo nC=ZZ mn o omNVi oma m _ m z z uA�imm i - o o 0 EL CAMINO REAL EXISTING TRASH BINS z (Ti Z i A> UJ D z z aa � 7T -v A io I I�l1�1 0 C _. z z ._ ' m i k � m z- - - - 50.00 Z T{ ri xm�ggo>ozmz��,Nz grlI' I lz X8 0 tN4m ZAZ MR.71 _R,s .nr.. N��vb m 'z un A j xz n t �1�-n o�ax 0. 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N m { .�. n �W2� 2m o z, o- g O A _{ w i 'Cyn" o n pp x0� OA z� O D in v� Z N mO�O D ri4 N z m D i9yz , El, ,Y i_i, t izAO� opz�N z 1.9 10Tf A° n N N F n! vii m [czi �n 'o � .� • r l,ry ZAA ZZ 0 [] I m311 OO. z 9m�m S a awn g Q om (1 Ct mo T 0 T_w z> N �" N N o Wm u ra • > Az C ffi g g 8 a®m p �m W `�♦ * Z 3m �02 O N m m /r O z A_ �i 0 'lI WOO -n N a z m r m Q z u 1 O b y—_ ya� i 3 3 q SL I W > it =n 3S6aa' � CCit is 4-0G)mm o N $P 0>m X � DZ a TC n� CD 0 V (.;U W C r J Z I I I I I I I I I°I 11111111110 H •- rki row, 0: A RESOLUTION OF `NNING COMMISSION OF THE CITY OF APPROVING"• r • PERMIT ii AND DESIGN AUTHORIZING • ALCOHOLIC BEVERAGE ` FOR i - AND ` LICENSE - CONJUNCTION WITH RESTAURANT AN OUTDOOR SEATING AREA r TO SATISFY REQUIRED •N -SITE PARKING THROUGH THE OLD TOWN PARKING j ! i • PROGRAM !i ! j j 365 EL CAMINO REAL. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application was filed by Kimberly Conroy of American Grub, 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 1,625 square foot tenant space and the establishment of an approximately 185 square foot outdoor seating area located at 365 EI Camino Real. B. The project site is located within the Central Commercial (C2) Zoning District 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) Section 9352J3(d)(3)(d), the proposed project requires approval from the Planning Commission in order to satisfy all or a portion of required on-site parking spaces through an Old Town parking exception. Pursuant to TCG Sections 9233b(1) and 9232b(2), alcoholic beverage sales establishments are conditionally permitted in the C2 Zoning District. Pursuant to Section 9277 of the TCC, Design Review (DR) approval 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's (the City) 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. That a public hearing was duly called, noticed, and held for Conditional Use Permit (CUP) 2015-09 and DR 2015-011 on October 27, 2015, by the Planning Commission. E. 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 Resolution No. 4298 Page 2 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 in that: 1. The proposed sale of on-site alcoholic beverages in conjunction with an existing restaurant use is allowed within the C2 Zoning District with the approval of a CUP JCC 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 El Camino Real where a variety of retail, office, and restaurant uses are located. The proposed restaurant hours of 8:00 AM to 10.-00 PM daily with outdoor seating terminating at 10:00 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 City's Police Department has reviewed the application and has no immediate concerns. F This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 'Kesolution No. 4298 "al . age 3 11. The Planning Commission hereby approves CUP 2015-09 and DR 2015-011 authorizing the sale of alcoholic beverages in conjunction with an existing 1,625 square -foot restaurant and an approximately 185 square -foot outdoor seating area located at 365 El Camino Real, 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 27th day of October, 2015. JEFF R. THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4298 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of October, 2015. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A TESOLUTIOV NO. 4298 Iwo WA=mm 1.1 The proposed project shall substantially conform to the submitted plans for the project date stamped October 27, 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 (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 is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit (CUP) 2015-09 and Design Review (DR) 2015-011 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 issuance of an Administrative Citation pursuant to TCC Section 1162(a). 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. 4298 Page 2 (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 CUP 2015-09 and DR 2015-011 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 2015-09 and DR 2015-011, 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 CUP. (1) 1.8 As a condition of approval of CUP 2015-09 and DR 2015-011, 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) 1.9 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) 1.10 The applicant shall obtain the appropriate license from the State Department of Alcoholic Beverage Control (ABC) 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, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject CUP, as provided for in the TCC. Exhibit A Resolution No. 4298 Page 3 21 v *I i a ro d w-LIE0 (1) 2.1 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 ABC 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 ABC 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 barrier 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. No alcoholic beverages may be served or consumed within any portion of the outdoor seating area when an approved ABC compliant barrier is not present. (1) 2.2 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) 2.3 The menu of the restaurant shall consist of foods that are prepared on the premises. (1) 2.4 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) 2.5 The gross annual sales receipts shall be provided to the Community Development Department upon request. 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) 2.6 Business hours are limited to the following: Restaurant: it AM to 10:00 P Outdoor Seating: 8:00 AM t a 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. 4298 Page 4 (1) 2.7 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) 2.8 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) 2.9 An outdoor restaurant seating area may have a menu board that does not exceed six (6) square feet in area. (1) 2.10 Doors from the main restaurant to the outdoor restaurant seating area shall be self-closing. (1) 2.11 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) 2.12 All restaurant use shall comply with the City's Noise Ordinance. (1) 2.13 No Live entertainment is permitted without a valid Live Entertainment Permit, No amplified noise is permitted within the outdoor seating area. (1) 2.14 Lighting shall be provided to illuminate the outdoor restaurant seating area. (1) 2.15 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) 2.16 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) 2.17 The restaurant establishment shall have a maximum of thirty-six (36) seats indoors and sixteen (16) seats outdoors. Any increase in the number of seats is subject to written approval from the Community Exhibit A Resolution No. 4298 Page 5 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. (1) 2.18 Outdoor furnishings, umbrellas, etc. shall not encroach into the City's right of way unless a license is obtained from the Public Works Department. Barriers to be removed upon request by the City. (1) 2.19 All on-site signs, including permanent and temporary signs/banners, shall comply with the City's Sign Code. (1) 2.20 Prior to issuance of a building permit, the applicant shall enter into an Old Town Parking Exception Program agreement to accommodate required parking for the square footage of the restaurant. The cost is $60 per space per year calculated at 1 space per 100 square feet. (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 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. (1) 3.4 A separate permit will be required for cutting the opening in the demising wall of The Swinging Door. It shall also be protected by a fused, fire -rated shutter. (1) 3.5 Submit construction documents for building permit review and issuance when ready. (1) 3.6 Prior to permit issuance, the applicant shall enter into an Outdoor Restaurant Seating Area Revocable License Agreement with the City's Public Works Department. (1) 3.7 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. Exhibit A Resolution No. 4298 Page 6 (1) 3.8 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at sidewalks adjacent to the site. (1) 3.9 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 (TCC Section 4351, et al) to recycle at least fifty (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 in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $2,500, whichever is greater. In no event shall a deposit exceed $25,000. 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." (1) 3.10 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer. (1) 3.11 Prior to issuance of a building permit, the applicant shall provide written approval from the Orange County Sanitation District for sewer connections and change in use. (1) 3.12 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy. (1) 3.13 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing City public water facilities affected by the proposed project. (1) 3.14 The applicant shall submit to the Public Works Department, for review and approval, construction details for the proposed outdoor fencing and furniture within the public right-of-way. Permanent fencing and furniture are not permitted in the public right-of-way. Exhibit A Resolution No. 4298 Page 7 (1) 4.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including, but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a) Building plan check and permit fees to the Community Development Department based on the most current schedule. (1,5) 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.