HomeMy WebLinkAbout07 REVOCATION OF CONDITIONAL USE PERMIT 2015-05 & DESIGN REVIEW 2015-005 - IVY LOUNGEMEETING DATE:
TO: JEFFRE. PARKER, CITY MANAGER
FROM:
SUBJECT:
Agenda Item 7
RevAGENDA REPORT City wed: g
Cit Manager
Finance Director ZA
NOVEMBER 15, 2016
A ETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR
REVOCATION OF CONDITIONAL USE PERMIT 2015-05 AND DESIGN
REVIEW 2015-005 AND RECOVERY OF ENFORCEMENT COSTS, IVY
LOUNGE, 14001 NEWPORT AVENUE
NOTE: This matter was continued from the September 20, 2016 City Council meeting.
SUMMARY:
On April 28, 2015, the Tustin Planning Commission approved Conditional Use Permit
(CUP) 2015-05 for on-site sale of beer and wine and Design Review (DR) 2015-005 for
outdoor seating associated with Ivy Lounge restaurant located at 14001 Newport Avenue,
Unit A. Immediately following Planning Commission approval, the restaurant owner
repeatedly violated multiple conditions of approval which were subsequently deemed
detrimental to the health, safety, morals, comfort and general welfare of public. Tustin City
Code (TCC) Section 9293 requires City Council consideration of any proposed revocation
of a Conditional Use Permit following a Planning Commission hearing and
recommendation on the matter.
On July 12, 2016, the Planning Commission adopted Resolution No. 4313 recommending
that the City Council revoke CUP 2015-05 and DR 2015-005. City Council approval for
associated enforcement cost recovery was also requested.
Prior to Tustin City Council consideration of the matter on September 20, 2016, the City
Council heard testimony from the restaurant owner and his legal counsel that the sale of
the restaurant was imminent and a request that City Council action to revoke CUP 2015-
05 and DR 2015-005 be delayed to provide additional time for the restaurant owner to sell
his business. In response, the City Council continued the matter until the November 15,
2016, City Council meeting. Since that time, the restaurant has not been sold. However,
on November 8, 2016, staff received an email communication from the restaurant owner's
attorney that included a copy of an Agreement to Conditions Imposed signed by the
prospective owner of the restaurant and a request for an additional 30 -day extension.
Staff supports the requested extension and recommends that the City Council continue the
matter to the City Council meeting of December 20, 2016.