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HomeMy WebLinkAboutPC RES 4298RESOLUTION NO. 4298 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 2015-09 AND DESIGN REVIEW 2015-011 AUTHORIZING ON-SITE ALCOHOLIC BEVERAGE SALES FOR BEER AND WINE (ABC LICENSE TYPE "4111) IN CONJUNCTION WITH RESTAURANT WITH AN OUTDOOR SEATING AREA AND TO SATISFY REQUIRED ON-SITE PARKING THROUGH THE OLD TOWN PARKING EXCEPTION PROGRAM AT 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 El 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 TCC 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 is 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 11:00 PM daily 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 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). Resolution No. 4298 Page 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. J.f PSO Chairperson ELIZABETH A. BII`48ACK 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: eft ELIZABETH A. BI SACK Planning Commission Secretary Altowaij i,_ Kozak, Lumbard, Smith (4) Thompson EXHIBIT A RESOLUTION NO. 4298 CONDITIONAL USE PERMIT 2015-09 DESIGN REVIEW 2015-011 CONDITIONS OF APPROVAL 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). 1.2 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). (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. 1.9 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 USE RESTRICTIONS (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: 8:00 AM to 11:00 PM Outdoor Seating: 8:00 AM to 11:00 PM 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. 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. 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. 2.16 All lifter 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. L a W.Al Z 1 &111 -.1T, I k a M (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 Intentionally left blank. 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. 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. 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. 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. 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.