HomeMy WebLinkAbout17 REVOCATION OF CONDITIONAL USE PERMIT 2015-05 & DESIGN REVIEW 2015-005 & RECOVERY OF ENFORCEMENT COSTS, IVY LOUNGE, 14001 NEWPORT AVEMEETING DATE:
TO
FROM:
Agenda Item 17
Review
AGENDA REPORT City Maned
Finance Director KIA.
DECEMBER 20, 2016
JEFFREY C. PARKER, CITY MANAGER
ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: REVOCATION OF CONDITIONAL USE PERMIT 2015-05 AND DESIGN
REVIEW 2015-005 AND RECOVERY OF ENFORCEMENT COSTS, IVY
LOUNGE, 14001 NEWPORT AVENUE
RECOMMENDATION:
That the City Council:
1. Table the proposed revocation of Conditional Use Permit (CUP) 2015-05 for on-site
beer and wine sales (ABC License Type 41) and Design Review (DR) 2015-005
allowing outdoor seating associated with the Ivy Lounge restaurant located at
14001 Newport Avenue, Unit A, based on: a) the sale of the business after the
Planning Commission held a public hearing and recommended revocation of CUP
2015-005 and DR 2015-005; b) the new owner's agreement to abide by the
conditions of approval in CUP 2015-005 and DR 2015-005; and c) the new owner's
acknowledgment that he/she understands that the matter will be agendized for
possible revocation if the conditions of approval are violated.
2. Direct staff to monitor the new owner's compliance with the conditions of approval,
and to agendize the matter for Planning Commission review and recommendation
in the future as needed.
NOTE:
This matter was continued from the September 20, 2016, and the November 15, 2016 City
Council meetings.
BACKGROUND AND DISCUSSION:
On April 28, 2015, the Tustin Planning Commission approved CUP 2015-05 for on-site
sale of beer and wine and 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
City Council Report
December 20, 2016
Ivy Lounge Revocation
Page 2
Council consideration of any proposed revocation of a CUP 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 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 the 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 November 15, 2016,
and subsequently December 20, 2016.
Since that time, the restaurant has been sold and the new owner has signed the required
Agreement to Conditions Imposed associated with Planning Commission Resolution No.
4313. In light of the new restaurant owner's written commitment to operate the business in
compliance with Resolution No. 4313 and the TCC, staff has withdrawn the subject
request to revoke CUP 2015-05 and DR 2015-005. Staff will continue to monitor and
enforce the new business' compliance with Resolution No. 4313 and the TCC.
Dana L. Ogdon, AIVP
Assistant Director - Building
�t,-
Elizabeth A. Binsack
Director of Community Development