HomeMy WebLinkAboutCC RES 16-62RESOLUTION NO. 16-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING 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.
The City Council does hereby resolve as follows:
I. The City Council 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. Flight
Venture 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. Following the public
hearing, the Planning Commission adopted Planning Commission
Resolution No. 16-62
Page 1 of 5
Resolution No. 4324 recommending that the City Council approve the
proposed project.
D. That a public hearing was duly called, noticed, and held on said application
on October 18, 2016, by the City Council. The City Council continued the
item to November 1, 2016.
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
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.
Resolution No. 16-62
Page 2 of 5
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
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.
F. 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 (Resolution No. 16-59) 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.
Il. The City Council hereby approves 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
Resolution No. 16-62
Page 3 of 5
Tustin Specific Plan, subject to the conditions contained within Exhibit A,
attached hereto.
PASSED AND ADOPTED by the City Council of the City of Tustin t a regular meeting
on the 1St day of November, 2016.
NIELSEN,
Mak-
ATTEST:
e— --
ERICA N. RABE,
City Clerk
Resolution No. 16-62
Page 4 of 5
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 16-62
I, Erica N. Rabe, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 16-62 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 1St day of November,
2016, by the following vote:
COUNCILMEMBER AYES: Nielsen, Bernstein, Gomez, Murray
Puckett (5)
COUNCILMEMBER NOES: (0 )
COUNCILMEMBER ABSTAINED: (0 )
COUNCILMEMBER ABSENT: (0 )
ERICA N. RABE,
City Clerk
Resolution No. 16-62
Page 5 of 5
EXHIBIT A
RESOLUTION NO. 16-62
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 November 1, 2016, 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 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 Maieure Delay). Time extensions may be considered 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) 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
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
Exhibit A
Resolution No. 16-62
Page 1 of 6
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
*** EXCEPTION
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.
(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.
Exhibit A
Resolution No. 16-62
Page 2 of 6
USE RESTRICTIONS
(***) 2.1 Business hours for Food Hall/Conference Center/Outdoor Patio Area:
6:00 AM to 11:00 PM, Sunday — Thursday
6:00 AM to 12:00 AM (midnight), Friday and Saturday
Hours of sales of alcoholic beverages shall be limited to the hours when food is
available.
(***) 2.2 This approval shall become null and void if the Tustin Legacy Disposition and
Development Agreement Cornerstone 1 is not approved.
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.
(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.
Exhibit A
Resolution No. 16-62
Page 3 of 6
(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) 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.
Exhibit A
Resolution No. 16-62
Page 4 of 6
(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) 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.
Exhibit A
Resolution No. 16-62
Page 5 of 6
(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.
Exhibit A
Resolution No. 16-62
Page 6 of 6