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HomeMy WebLinkAboutPC RES 4324RESOLUTION NO. 4324 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2016-001 AND CONDITIONAL USE PERMIT 2016-15 AUTHORIZING ON-SITE ALCOHOLIC BEVERAGE CONSUMPTION AND LIVE ENTERTAINMENT (FOOD HALL/CONFERENCE CENTER) FOR THE DEVELOPMENT OF AN 870,000 SQUARE FOOT COMMERCIAL MIXED-USE PROJECT WITHIN A PORTION OF PLANNING AREAS 9-12 OF MCAS TUSTIN SPECIFIC PLAN (100 - 750 FLIGHT WAY) The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That proper application has been submitted by Flight Venture LLC for the development of an 870,000 square foot commercial mixed-use project on approximately thirty-eight (38) acre site currently owned by the City of Tustin (the City) within a portion of Planning Areas 9-12 of the Marine Corps Air Station (MCAS) Tustin Specific Plan. The project will include a creative office use campus with retail use (Food Hall) and conference center. LPC West LLC is requesting authorization for on-site alcoholic beverage consumption and , live entertainment in conjunction with a Food Hall/Conference Center located in the small office campus area in the northern portion of the project site. B. The project site is zoned MCAS Tustin Specific Plan (SP -1) and has a General Plan land use designation of MCAS Tustin Specific Plan which provides for a variety of uses including industrial, research and developments, professional office, retail and specialized employment and merchandizing uses to compliment adjacent areas within the vicinity. Pursuant to MCAS Tustin Specific Plan Section 3.7.4.A.3, alcoholic beverage sales establishments are conditionally permitted in the MCAS Tustin Specific Plan. Pursuant to Tustin City Code (TCC) Sections 3231 and 9232, the establishment of any live entertainment with three (3) or more performers is conditionally permitted. In addition, the project has been reviewed for consistency with the Air Quality Sub -element of the City's General Plan and has been determined to be consistent with the Air Quality Sub -element. C. That a public hearing was duly called, noticed, and held for Conditional Use Permit (CUP) 2016-001 and Conditional Use Permit (CUP) 2016-15 on September 27, 2016, by the Planning Commission. Resolution No. 4324 Page 2 D. 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 in that: 1. The proposed sale of on-site alcoholic beverages and ancillary live entertainment in conjunction with a proposed Food Hall/Conference Center use is allowed within the MCAS Tustin Specific Plan with the approval of a CUP. 2. Pursuant to MCAS Tustin Specific Plan Section 3.14.2, on-site alcoholic beverage sales establishments in all planning areas (except Planning Area 15), 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 alcoholic beverages 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 proposed on-site consumption of alcoholic beverages would be in conjunction with a Food Hall/Conference Center where food will be served at all times when alcoholic beverages are served. 5. The proposed live entertainment of three (3) or more musical performers or other similar performances would be ancillary to the Food Hall/Conference Center use and would be conducted at the same time when food and alcohol will be served and limited to no more than ten (10) times per month. 6. The design for the outdoor seating area adjacent to the Food Hall/Conference Center is compatible with the proposed design and function of the creative office campus. 7. The outdoor seating area is included in the Shared Parking Analysis for the restaurant use, which can be accommodated by the proposed joint - use parking arrangement within Phase 1 the project site. , 8. The Food Hall/Conference Center with ancillary live entertainment is located in a separate stand-alone building (Building D) within the Resolution No. 4324 Page 3 creative office campus and will be shared by all users within Phase 1 and, Phase 2. The characteristics of the proposed use and hours of operation for both the Food Hall/Conference Center would be similar to the complimentary to the other office uses within the project and vicinity. Ancillary live entertainment would take place during the hours of operation for the Food Hall/Conference Center. Hours of operation for both the Food Hall/Conference Center and live entertainment would be similar to hours of operation within the office campus. 9. The City's Police Department has reviewed the application and has no immediate concerns. E. On January 16, 2001, the City's certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. The FEIS/EIR, along with its Addenda and Supplement, is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former MCAS, Tustin. An environmental checklist attached hereto as Exhibit B has been prepared and concluded that these actions do not to result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR addendum. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. The Planning Commission hereby recommends to the City Council to approve CUP 2016-001 and CUP 2016-15 authorizing the sale of alcoholic beverages and ancillary live entertainment (Food Hall/Conference Center) for the development of an 870,000 square foot commercial mixed-use project within a portion of Planning Area 9-12 of MCAS Tustin Specific Plan, subject to the conditions contained within Exhibit k attached hereto. Resolution No. 4324 Page 4 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 27th day of September, 2016. AUSTIN L BARD 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. 4324 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of September, 2016. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary 1 Kozak, Lumbard, Mason, Thompson (4) Smith EXHIBIT A RESOLUTION NO. 4324 CONDITIONAL USE PERMIT 2016-001 CONDITIONAL USE PERMIT 2016-15 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform to the submitted plans for the project date stamped October 18, 2016, on file with the Community Development Department, as herein modified, o,r 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 Except as otherwise provided by the Conditions of Approval,' the Development Agreement and/or the Subdivision Map Act, the subject project approval shall become null and void unless one or more permits are issued and substantial construction is underway prior to the later of i) the deadline for Developer Completion of construction of the Phase 1 Horizontal Improvements and Minimum Phase 1 Vertical Improvements (as such deadline may be extended by Force Majeure Delay) set forth in the Tustin Legacy Disposition and Development Agreement (Cornerstone 1); and (ii) the expiration of the Phase 1 Term of Development Agreement 2016-001 (as such expiration date may be extended by Force Majeure Delay). Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. 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. 4324 Page 2 (1) 1.4 Approval of Conditional Use Permit (CUP) 2016-001 and Conditional Use Permit (CUP) 2016-15 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) 1.6 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) 1.7 - CUP 2016-001 and CUP 2016-15 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 2016-001 and CUP 2016-15, 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 2016-001 and CUP 2016-15, 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. Exhibit A Resolution No. 4324 Page 3 (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. 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. USE RESTRICTIONS (***) 2.1 Business hours for Food Hall/Conference Center/Outdoor Patio Area: 6:00 AM to 11:00 PM, Monday — Thursday 6:00 AM to 12:00 AM (midnight), Friday, Saturday & Sunday Hours of sales of alcoholic beverages shall be limited to the hours when food is available. ON-SITE ALCOHOL CONSUMPTION (1) 3.1 This approval authorizes the on-site consumption of alcoholic beverages in conjunction with a Food Hall/Conference Center (Building D). The proposed on-site consumption 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 seating area adjacent to the Food Hall/Conference Center shall be restricted by and subject to any required State ABC or other applicable license or permit governing the use. Any outdoor Food Hall 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 Food Hall 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) 3.2 The proposed project shall operate in accordance with all applicable State, County and TCCs. Where a CUP is required, any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the project site may result in revocation of the CUP, as provided for in the TCC. (1) 3.3 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. Exhibit A Resolution No. 4324 Page 4 (1) 3.4 The menu of the Food Hall shall consist of foods that are prepared on the premises. (1) 3.5 All persons serving alcoholic beverages within a restaurant establishment must be eighteen (18) years of age or older and supervised by someone twenty-one (21) years of age or older. The supervisor shall be present in the same area as point of sale. (1) 3.6 Alcohol service shall be allowed as an accessory/ancillary component of the Food Hall and shall comprise no more than forty-nine (49) percent of the total sales within the establishment; fifty-one (51) percent of the remaining sales shall be in food. 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) 3.7 Except as otherwise allowed pursuant to catering or other appropriate license issued by the California Department of Alcoholic Beverage Control (ABC), consumption of on-site alcohol sales shall be limited to 11, 970 square feet within the interior of the Food Hall building, exterior public seating spaces located in proximity to the Hall and the conference center. In addition to the conditions of approval set forth herein, said establishment shall be subject to all conditions of approval of the license issued by the ABC, which license may include beer, wine and spirits. (1) 3.8 All tables and areas within the Food Hall (including the Food Hall bar area) and on the adjacent patio area will be available for food service, consistent with the Food Hall's primary permitted operation as a self- service restaurant with ancillary alcoholic beverage sales for on-site consumption. (1) 3.9 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 Exhibit A Resolution No. 4324 Page 5 (1) 3.10 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) 3.11 The adjacent outdoor Food Hall patio area may have a menu board that does not exceed six (6) square feet in area. (1) 3.12 Doors from the main Food Hall to the outdoor Food Hall patio area shall be self-closing. (1) 3.13 The outdoor Food Hall patio area shall not obstruct any fire exit, fire escape, or other required ingress or egress to any structure or property. (1) 3.14 The Food Hall/Conference Center shall comply with the City's Noise Ordinance. (1) 3.15 Lighting shall be provided to illuminate the outdoor Food Hall seating area. (1) 3.16 No loitering signs shall be placed near the entrance(s) on the outside of the Food Hall area. (1) 3.17 All litter shall be removed from the exterior areas around the premises including sidewalk areas and parking areas, no less frequently than once each day that the Food Hall is open. Trash receptacles shall be provided in the outdoor patio area adjacent to the Food Hall. (1) 3.18 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) 3.19 All on-site signs, including permanent and temporary signs/banners, shall comply with the Master Sign Plan and the MCAS Tustin Specific Plan. LIVE ENTERTAINMENT (1) 4.1 Ancillary live -entertainment with three (3) or more music performers/musicians shall be permitted in conjunction with the Food Hall/Conference Hall, subject to the review and approval of the Community Development Department. 1 1 1 Exhibit A Resolution No. 4324 Page 6 (1) 4.2 Any proposed live entertainment shall be primarily comprised of musical performances or other similar performances including without limitation, poetry, written word exhibitions and other events appropriate for a Food Hall such as cooking demonstrations. (1) 4.3 Any proposed live entertainment shall not occupy not more than five (5) percent of the total Food Hall/Conference Center area. (1) 4.4 Any proposed live entertainment shall be designed as an accessory use to the primary food service operation at the Food Hall/Conference Center. (1) 4.5 Any proposed live entertainment shall not occur more than ten (10) times per month unless additional live performances ancillary to the Food Hall operations are approved by the Director of Community Development. (1) 4.6 Any proposed live entertainment shall require a live entertainment permit in accordance with TCC Section 3231. Said live entertainment permit shall be non-transferrable in accordance with TCC Section 3236. (1) 4.7 Any proposed live entertainment shall be in accordance with site plans approved by the Director of Community Development. Site plans shall be modified through approval by the Director. (1) 4.8 Any proposed live entertainment shall be subject to an annual review as deemed necessary by the Community Development Department. PLAN SUBMITTAL (1) 5.1 Except as provided in the Development Agreement, 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) 5.2 Prior to issuance of building permit, Orange County Environmental Health and Orange County Fire Authority approval is required. (1) 5.3 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site.