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HomeMy WebLinkAboutPC RES 4331 RESOLUTION NO. 4331 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 2016-16 AUTHORIZING ON-SITE ALCOHOLIC BEVERAGE SALES FOR BEER AND WINE (ABC LICENSE TYPE "41") IN CONJUNCTION WITH RESTAURANT WITHIN A 2,750 SQUARE FOOT TENANT SPACE LOCATED AT 13832 RED HILL AVENUE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 2016-16 was filed by Roy Chin of OB Square Group, LLC, 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 2,750 square foot tenant space at 13832 Red Hill Avenue. B. The project site is located within the Retail Commercial (C1) zoning district and has a General Plan land use designation of Community Commercial which provides for a variety of retail and service commercial uses including restaurant uses. Pursuant to Tustin City Code (TCC) 9232b(2), alcoholic beverage sales establishments are conditionally permitted in the Retail Commercial District. Section 9299b of the TCC authorizes the Zoning Administrator to forward any matter listed to the Planning Commission for consideration and action. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub- element. C. 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. This project has been deferred from the Zoning Administrator to the Planning Commission due to proposed hours of operation that exceed those authorized in the Planning Commission policy regarding alcoholic beverage sales proposing business hours past midnight. E. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2016-16 on October 25, 2016, by the Planning Commission. F. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or Resolution No. 4331 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 of Tustin in that: 1) The proposed sale of on-site alcoholic beverages in conjunction with ani existing restaurant use is allowed within the Retail Commercial (Cl) zoning district with the approval of a Conditional Use Permit (Tustin City Code Section 9232(b)2). 2) Pursuant to Tustin City Code 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 Newport Avenue where a variety of retail, office, and restaurant uses are located. The recommended restaurant hours of operation of 11:00 PM on weekdays and 12:00 AM midnight on weekends 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 Tustin Police Department has reviewed the application and has no immediate concerns. Resolution No. 4331 Page 3 G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 11, The Planning Commission hereby approves Conditional Use Permit 2016-16 authorizing an ABC Type 41 License for the sale of alcoholic beverages (beer and wine) for on-site consumption in conjunction with a 2,75,0 square foot restaurant (OB Square Restaurant) located at 13832 Red Hill Avenue, 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 25th day of October, 2016. AUSTIN LU'MBARD Ww Chairperson I-J ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Binisack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California-- that Resolution No. 4331 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of October, 2016. PLANNING COMMISSIONER AYES: Kozak, Lu bar Smith PLANNING COMMISSIONER NOES. PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENTMason, Thompson (2) ELIZABETH A. BINSACK ELIZABETH Commission Secretary EXHIBIT A RESOLUTION NO. 4331 CONDITIONAL USE PERMIT 2016-16 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped October 25, 2016, on file with the Community Development Department, except 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 minor modifications during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (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 2016-16 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk- Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.6 Conditional Use Permit 2016-16 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 Conditional Use Permit 2016-16, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4331 Page 2 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) 1.7 As a condition of approval of Conditional Use Permit 2016-16, 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) 1.8 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) 1.9 The applicant shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site (Type 41). (1) 1.10 Approved uses shall operate within all applicable State, County, and the Tustin City Code. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or of the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject Conditional Use Permit, as provided for in the Tustin City Code. USE RESTRICTIONS (1) 2.1 The authorization to serve alcoholic beverages on-site is subject to the use remaining as a restaurant. Any change to the use shall require review and approval by the Community Development Director. This approval authorizes a Type 41 ABC License (on-site beer and wine sales) in conjunction with a bona fide public eating place. Any changes and/or upgrades to the ABC License shall be reviewed and approved by the Community Development Director. Exhibit A Resolution No. 4331 Page 3 (1) 2.2 The applicant shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site (Type 41)..A copy shall be provided to the City prior to operating the alcoholic sales. (1) 2.3 The business hours closing time shall be no later than as follows: Sunday to Thursday--11:00 PM Friday and Saturday—12:00 AM Sales of alcoholic beverages shall be limited to the hours when food is available. Modifications to the hours of operation may be approved by the Community Development Director if it is determined that no impacts to the surrounding tenants or properties will occur. (1) 2.4 All business activities related to the restaurant shall be conducted entirely within the subject building. Outdoor dining is specifically prohibited unless approval is obtained by the Director of Community Development. (1) 2.5 No off-site sale or consumption of alcohol is authorized, except partially consumed bottles of wine as authorized in Business and Professions Code Section 23396.5. (1) 2.6 The menu of the restaurant shall consist of foods that are prepared on the premises. Food shall be available during all hours of operation. (1) 2.7 Any cocktail lounge or bar area within the restaurant shall function as a food and beverage service bar. (1) 2.8 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) 2.9 The restaurant shall operate within all applicable federal, state, county, and Tustin City Code provisions, including the City of Tustin Noise Ordinance. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or 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 in the Tustin City Code. (1) 2.10 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 sales, an audited financial statement shall be provided for review and approval by the Community Development Director upon request. If the audited financial statement Exhibit A Resolution No. 4331 Page 4 demonstrates that the sale of alcohol exceeds the sale of food, the sale of alcoholic beverages shall cease immediately. (1) 2.11 "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. (1) 2.12 No outdoor storage shall be permitted except as approved by the Director of Community Development. (1) 2.13 Business operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (1) 2.14 All activities shall comply with the City's Noise Ordinance. (1) 2.15 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (1) 2.16 No live entertainment shall be permitted without first having obtained approval by the Director of Community Development and a live entertainment permit pursuant to Tustin City Code Section 3231. (1) 2.17 All on-site signs, including permanent and temporary signs/banners, shall comply with the City of Tustin Sign Code. *** 2.18 The restaurant shall maintain a maximum ninety-four (94) seats for customers in the tenant space. PLAN SUBMITTAL (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. (1) 3.2 A fire separation of 1 hour (sprinklered) and 2 hours (non-sprinklered) between restaurant, A-2 occupancy and dental office, B occupancy is required. (1) 3.3 Total occupant load of 94 will require two (2) water closets for female, two (2) water closets for male, and one (1) urinal per California plumbing code. (1) 3.4 Prior to issuance of building permit, Orange County Fire Authority approval may be required. Exhibit A Resolution No. 4331 Page 5 (1) 3.5 Prior to issuance of building permit, Orange County Environmental Health approval may be required. PUBLIC WORKS (1, 5) 4.1 As part of the State required organics diversion program, the applicant is required to provide a 60-gallon trash cart for organic waste such as food scraps. The organic waste trash cart shall be picked up at least three (3) times a week. The location and size of the organic waste trash cart need to be shown on the floor plan at the time of plan check for tenant improvements. (1) 4.2 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). A. The applicanticontractor 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 (City Code Section 4351, et al) to recycle at least 50% of the project waste material or the amount required by the California Green Building Standards Code. 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 a 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". FEES (1, 5) 5.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period 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.