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HomeMy WebLinkAboutPC RES 3750 RESOLUTION NO. 3750 2 A RESOLUTION OF THE PLANNING COMMISSION. OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 00-024 4 AUTHORIZING THE ESTABLISHMENT OF A BANQUET FACILITY AT 721 W. FIRST STREET, TUSTIN, CALIFORNIA. 5 6 g Commission does hereby resolve as follows: ? I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 00-024 was filed by 9 Philip Azzara to request authorization to establish a banquet facility at 721 W. First Street, more specifically described as Assessor's Parcel No. 401- ~0 302-08. I] B. According to Use Determination 00-005, approved by the Planning ~2 Commission on September 25, 2000, banquet facilities are conditionally ~3 permitted in the Commercial as Primary Use and Hotel as a Secondary Use designation of the First Street Specific Plan (FSSP). ]4 C. That a public hearing was duly called, noticed and held on said application ~5 on September25, 2000, by the Planning Commission. ]6 D. That the establishment, maintenance and operation of the banquet facility ~? will not, under the circumstances of this case, be detrimental to the health, ~8 safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or ~9 detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as 2o evidenced by the following findings: 1) The proposed use, as conditioned, would not be detrimental to 22 surrounding properties in that the hours of operation, the number of ~3 seats within the facility, and scope of operations for the proposed facility would be compatible and consistent with the service uses in 24 the surrounding commercial and residential properties. 25 2) The proposed use, as conditioned, would not result in parking 26 impacts since the number of seats within the facility would be limited by providing one (1) space for every three (3) seats in addition to the 27 enforcement of the building occupancy. 28 3) The proposed use, as conditioned, would not create a noise ~mpact 29 on the surrounding neighborhood. E. That this project is a categorically exemption pursuant to Section 15301 (Class 1 ) of the California Environmental Quality Act. 1 ~esolution No. 3750 2 ~age 2 3 4 I. The Planning Commission hereby approves Conditional Use Permit 00-024 to 5 establish a banquet facility on the property located at 721 W. First Street, subject to the conditions contained in ExhibitA attached hereto. ? F~ASSED AND ADOP'ITED by the Planning Commission of the City of Tustin, at a regular "neering on the 25th day of September, 2000. 8 ,/ST~EN V. KOZAK Chairperson ]3 ]4 ELIZABETH A. BINSACK ]6 Planning Commission Secretary STATE OF CALIFORNIA ) ~s COUNTY OF ORANGE ) ~9 CITY OF TUSTIN ) 20 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3750 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of September, 2000. 23 24 E~ZABETH A. BINSACtT,: ~6 Planning Commission Secretary 28 EXHIBITA CONDITIONAL USE PERMIT 00-024 CONDITIONS OF APPROVAL RESOLUTION NO. 3750 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date September 25, 2000. on file with the Community Development Department, except as herein modifiecL, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve m~nor modifications to plans if such modifications are consistent with the provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval of the Community Development Department. (1) 1.3 Approval of Conditional Use Permit 00-024 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.4 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. (1) 1.5 Configuration of the banquet facility including the floor blan shall not be modified without review and approval by the Community Development Department. (1) 1.6 Conditional Use Permit 00-024 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. Gross annual sales receipts shall be provided to the Community Development Department one year from the date of this exhibit and annually thereafter. The proposed project as a banquet/dining facility sells food and beverages prepared on the site and patrons are served alcoholic beverages for on-site consumption. The gross receipts of food sales must exceed the gross receipts of alcohol sales for the cocktail lounge to be considered accessory and subordinate to the banquet/dining facility. If gross receipts of alcohol exceed food sales, the Community Development Director shall initiate proceedings to revoke the SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLEAGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS Exhibit A Resolution No. 3750 September 25, 2000 Page 2 Conditional Use Permit. If the use is not operated in accordance with Conditional Use Permit 00-024, or is found to be a nuisance or negative impacts are affecting the surrounding 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) t .7 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action. USE RESTRICTIONS (1) 2.1 Applicants shall obtain the appropriate license from the State Department of Alcohol Beverage Control for the type of alcohol sales authorized for the site. A copy shall be provided to the City within ninety (9.0) days from the date of this Exhibit and prior to any alcoholic beverage service. (1) 2.2 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 the Tustin City Code. (7) 2.3 All persons serving alcoholic beverages will be eighteen (18) years of age or older and supervised by someone twenty-one (21) years of age or older. The supervis0rwill be present in the same area as point of sale. (7) 2.4 Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Food shall be served in the dining area ane the cocktail lounge. (7) 2.5 The menu of the banquet/dining facility shall consist of foods that are prepared on the premises. (7) 2.6 The cocktail lounge shall only operate in conjunction with and only as an accessory use to the banquet facility during the operating hours of the entire facility. Exhibit A Resolution No, 3750 September 25, 2000 Page 3 (1,3) 2.7 A maximum of 282 seats, which includes chaim, booths and bar seats, shall be permitted within the banquetJdining facility. The number of seats shall comply with the number of available off-street parking spaces on site and the permitted occupancy load of A-2.1 in accordance with the most current Uniform Building Code. A request for additional seats will require submittal of a current parking summary and occupancy load, which shall be reviewed and approved by the Community Development Department prior to increasing the number of seats. (1) 2.8 The number of off-street parking spaces shall be provided at a ratio of one (1) space for every three (3) seats, consistent with Use Determination 00- 005: (7) 2.S 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. (7) 2.10 All litter shall be removed from the exterior areas around the premises including adjacent public sidewalk areas, and parking areas, no less frequently than once each day that the business is open (7) 2.11 Public telephones inside and adjacent to the establishment shall be modified to prevent incoming calls. (1) 2.12 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (7) 2.13 Business operations shall be in a manner which does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (1) 2.'1 4All ~alcohol shall be consumed on-site with the exception of the provisions stated in the Business and Professions Code Section 23396.5 and 23401. (7) 2.18 Authorization for on-site sales of alcohol in conjunction with the proposed use is contingent upon the use remaining at the subject site, At such time the use is discontinued or no longer the primary use of the site, the use permit shall be deemed null and void. (1) :2.18 Ambient noise of the banquet facility shall not exceed the standards of the City of Tustin Noise Ordinance. Exhibit A Resolution No. 3750 September 25, 2000 Page 4 (1) 2.17 Exterior speaker systems shall be prohibited. (7) 2.18 Operating hours shall 'be from 8:00 a.m. to 1,1:00 p.m. seven days a week. (1) 2.19 No live entertainment is permitted on the premises unless otherwise approved by the Community Development Department. SIGNS (1) 3.1 A final and complete, detailed project s~gn program including design, locations, sizes, colors, and materials shall be submitted for review and approval by the Community Development Department. The drawings shall locate all project signs and provide a conceptual information regarding the overall size, material, massing, colors and design of the proposed signs. FIRE (5) 4.1 An inspection of the facility shall be conducted and approved by the Orange COunty Fire Authority prior to occupancy. Due to the occupant load, an assembly permit will be required. Upon compliance with the requirements of the assembly permit, a clearance will be issued by the Orange County Fire Authority. To request an inspection please call (714) 527-9475. FEES (2) 5.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashiers check payable to the COUNTY CLERK in the amount of $43.00 (forty-three dollars) 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.