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HomeMy WebLinkAbout01 ZA ITEM CUP 2016-11 & DR 2016-014 • + ITEM # AGENDA REPORT MEETING DATE: ,JANUARY 9, 2017 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2016-11 & DESIGN REVIEW 2016-014 PROPERTY OWNER/ APPLICANT: GUILLERMO DEL RIO EL CAMINO CAFE 195 EL CAMINO REAL TUSTIN, CA 92780 LOCATION: 195 EL CAMINO REAL, SUITE 101 GENERAL PLAN: OLD TOWN COMMERCIAL (OTC) ZONING: CENTRAL COMMERCIAL (C2), CULTURAL RESOURCE (CR) DISTRICT, AND COMBINING PARKING (P) DISTRICT ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15301 , CLASS 1 . REQUEST: A REQUEST TO ESTABLISH AN ALCOHOLIC BEVERAGE SALES ESTABLISHMENT WITH OUTDOOR SEATING AND TO MODIFY AN EXISTING OLD TOWN PARKING EXCEPTION PROGRAM AGREEMENT AT 195 EL CAMINO REAL, SUITE 101. ss JL i Zoning Administrator January 9, 2017 CUP 2016-11 & DR 2016-014 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 16-016 approving Conditional Use Permit (CUP) 2016-11 and Design Review (DR) 2016-014 to authorize on-site beer and wine sales (ABC License Type 41) in conjunction with a restaurant and outdoor seating area and to modify an existing Old Town Parking Exception Program Agreement at 195 El Camino Real, Suite 101 . APPROVAL AUTHORITY Pursuant to Tustin City Code (TCC) Section 9233b(1) and 9232b(2), the Central Commercial (C2) zoning district permits on-site alcoholic beverage sales in conjunction with a restaurant subject to the approval of a CUP. Pursuant to Section 9277 of the TCC, design review approval is required for outdoor restaurant seating areas. BACKGROUND Site and Surrounding Properties The property is located within the C2 District and the Cultural Resource (CR) Overlay District with the Combining Parking (P) Zoning District. The General Plan land use designation is Old Town Commercial, which allows for a variety of retail, professional office, service commercial, and other uses that support the land use. The subject property is located on an approximately 4,250 square-foot lot and improved with a 3,723 square- foot, two-story, multi-tenant building (Figure 1). All surrounding uses to the project are commercially zoned and also lie within the C2 District and the CR District with the Combining (P) Zoning District. . C2{P) C2(P) C2(P) . t' d a , C2(P) Figure 1: Zoning Map Zoning Administrator ,January 9, 2017 CUP 2016-11 & DR 2016-014 Page 3 DISCUSSION Project Summary The applicant is requesting authorization for on-site alcoholic beverage sales for beer and wine (ABC License Type 41) in conjunction with a restaurant located in a multi- tenant building of approximately 3,723 square feet, as shown in the submitted plans. The proposed restaurant includes an interior dining area of approximately 285 square feet with twelve (12) seats and an outdoor seating area of about 282 square feet with twenty-one (21) seats (Figure 2). MkF• w,c ocx v AU1Jl�LJ g 1 --�] r _ 1 I I g i i i ��1�:�1Vg Ct9All}GL] 1 ° LJ wC.rf. i%GYY�h „ K.vv[ss�tew� g J I I ➢t:Trril.Mill..t}I , =011 F= :I rarATA J LJ I I lawrla�ON5 5rcato'nItltL - :Tfffi7J25��h9G.r2,5. amu_ Pr':'LfICL'Att.! : s'r✓'J�Q`lniSi 1A IiLGai� - iti!17DJLit dW"JI l - hi'ff�F3 _ -— i#slfi r----� V - d• t I L--- J 1�rLflt}z'7i4Rlf`V !1 tECYe'�. Figure 2: Site Plan Alcoholic Beverage Sales The sale of alcoholic beverages for on-site consumption can be authorized in conjunction with a "bona fide" restaurant use in conformance with the City's Alcoholic Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001 and TCC Section 9271 dd. Pursuant to the Guidelines, a restaurant use is defined as: "A retail establishment that sells food and beverages prepared on the site, where customers are served for on-site consumption." At least 80 percent of the premises' seating shall be designed and used for food consumption. Also, the gross annual sales of food must exceed the sale of alcohol. Zoning Administrator January9, 2017 CUP 2016-11 & DR 2016-014 Page 4 As proposed, 100 percent of the premises' seating area would be used for food consumption and no bar area is proposed. The application indicates that approximately 80 percent of sales are estimated to be from food and 20 percent from alcoholic beverages. The applicant proposes to offer a full menu for breakfast, lunch and dinner. Proposed Condition 2.3 of ZAA No. 16-016 requires food to be prepared on the premises and available during all hours of operation. Outdoor Restaurant Seating Outdoor seating is proposed to be located within a portion of the existing front setback area and would extend approximately five (5) feet into the public right-of-way. Sidewalk width from the proposed outdoor seating barrier to the curb is approximately-eight (8) feet in width, exceeding minimum walkway requirements. The proposed outdoor seating area includes six (6) tables and twenty-one (21) seats (Figure 3). The entire proposed outdoor seating area would be located in front of the building (Attachment C). A removable wrought iron barrier is proposed at the boundary of the outdoor seating area. Railing is proposed to be black in color and shall match the color and decorative wrought iron material utilized elsewhere on the building elevation. Prior to permit issuance, the applicant would enter into an Outdoor Restaurant Seating Area 'Revocable License Agreement with the City and any barrier will need to be removed upon request by the City. Additionally, the applicant proposes an awning to be located within a portion of the existing front setback area and would extend approximately eight (8) feet into the public right-of-way. The awning is proposed to be green in color and shall match the color and material of decorative awnings utilized elsewhere on the building. elevations. Prior to permit issuance, the applicant would enter into a Projecting Awning Revocable License Agreement with the City. No signage is permitted upon the proposed awning. ZAA 16- 016 contains conditions that are consistent with TCC Section 9277 for Outdoor Restaurant Seating Areas. lui �1 R X11 r sl 1 1 mxvrxi - �•,i ctrrw MW 71M II 1 71E 1�Z,1! 1 [I �ltiiir_f�ixFF. J JJ xtGt� 1 li 1 11 2T-0" Figure 3: Outdoor Seating Floor Plan Zoning Administrator January 9, 2017 CUP 2016-11 & DR 2016-014 Page 5 Hours of Operation The applicant proposes hours of operation for the interior restaurant and outdoor restaurant seating area to include: 7:00 a.m. to 9:00 p.m., Tuesday through Sunday, with the restaurant closed on Mondays. These hours are consistent with the characteristics of other restaurants in the vicinity and would be consistent with outdoor restaurant seating requirements detailed in TCC Section 9277. Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Operation of an outdoor restaurant seating area shall be permitted only at such times as the main restaurant use is open. PARKING On April 3, 2012, the City Council adopted Ordinance No. 1416 providing an additional parking exception for the commercial portion of the CR District. This Ordinance provided an exception to the on-site parking requirements by allowing an applicant to pay a fee to satisfy the number of required parking spaces not provided on-site. TCC Section 9352J3(d)(3)(d) implements the aforementioned parking exception for on-site parking requirements for development proposed within both the C2 District and the Old Town Commercial General Plan land use designation of the commercial portion of Old Town Tustin. All, or a portion of, the required number of on-site parking spaces may be satisfied through the payment of a fee, in an amount determined by Fee Resolution of the City Council, upon a determination of the Planning Commission that the proposed project meets specific findings. Section 3.07 of the Old Town Parking Agreement allows for a written amendment of the agreement when a written amendment is signed by the property owner and the authorized representative of the City, subject to any requisite by the City Council. Use Square, Parking Ratio Parking Spaces Foota 6, Suite 101 903 s.f. Interior Restaurant (285 s.f) 11100 s.f. Ratio = 9.03 Spaces Outdoor Seating 282 s.f. 11100 s.f. Ratio = 1.39 Spaces (for s.f. in excess of 50% interior seating) Suite 102 Retail 817 s.f.` 11250 s.f. Ratio = 3.27 Spaces Suite 201 (Yoga Studio) 1,250 1 per instructor+ s.f. 1 per 3 students = 9 Spaces Suite 202 (Office) 753 s.f. 11300 s.f. Ratio = 2.51 Spaces Total Required = 26 Spaces Total Provided = 2 Spaces Deficiency= 24 Spaces Zoning Administrator January 9, 2017 CUP 2016-11 & DR 2016-014 Page 6 On June 13, 2012, the City of Tustin entered into an agreement with Guillermo A. Del Rio Farias and t-izet Marie Orozco, owners of the property located at 195 EI Camino Real, for the use of ten (10) parking spaces. These off-site parking spaces are generally located within the Old Town commercial area, as available for the Parking Exception, and were approved in conjunction with Design Review 2011-006. On July 22, 2015, the property owner requested to amend the existing Parking Exception Agreement to provide additional parking spaces to accommodate a yoga studio tenant resulting in a total of nineteen (19) required parking spaces for the building and a total of seventeen (17) off-site parking spaces satisfied through the Old Town Parking Exception Agreement. The property currently provides two (2) parking spaces on-site, including one (1) ADA accessible parking space; all other required parking stalls are provided through an existing Old Town Parking Exception Agreement. Since no parking spaces are available to accommodate the restaurant use and outdoor restaurant seating area, the applicant has agreed to enter into a Parking Program agreement in order to accommodate required parking for the square footage of the restaurant and outdoor seating area. The current cost is $60 per space, per year, calculated at one (1) space per 100 square feet. Based upon the City's current Parking Ordinance, a total of twenty-four (24) off-site parking spaces are required for the property, including the intended use of a restaurant with outdoor seating area. The parking exception for this project is consistent with the City's goal of introducing customer-attracting commercial uses, replacing underutilized and vacant parcels, generating jobs, increasing the number of persons shopping and working in Old Town- Tustin, and fostering economic development of the surrounding areas. Furthermore, the City has prepared the Old Town Parking Study that concluded that there is a significant amount of available parking in the area. Therefore, the recommendation to allow the modification of the existing Old Town Parking Exception Agreement, to include a total of twenty-four (24) parking stalls for the subject property, is appropriate for this proposal. FINDINGS In determining whether to approve the CUP for the on-site alcoholic beverage sales and an exception to the required parking, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin; and that the project meets the required findings for a parking exception as identified in Section 9352J3(d)(3)(d) of the TCC. In determining whether to approve the Design Review for outdoor seating, the Planning Commission must determine whether it can be found that the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the Zoning Administrator January 9, 2017 CUP 2016-11 &DR 2016-014 Page 7 occupancy as a whole. A decision to approve this request may be supported by the following findings: 1. The proposed sale of on-site alcoholic beverages in conjunction with an existing restaurant use is allowed within the C2 District with the approval of a CUP (TCC Section 9233(b)1 and 9232(b)2). 2. Pursuant to TCC 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 design for the outdoor restaurant seating area is compatible with the overall design of the building. 6. The outdoor restaurant seating area is included in the parking analysis for the restaurant use, which can be accommodated by the Old Town Parking Exception Program. 7. The restaurant is located within a commercial building and a commercial corridor along EI Camino Real where a variety of retail, office, and restaurant uses are located. The requested restaurant hours of 7:00 a.m. to 9:00 p.m. Tuesday through Sunday for the interior seating and 7:00 a.m. until 9:00 p.m. Tuesday through Sunday for the outdoor seating are consistent with the characteristics of restaurant uses and the hours of operation of the restaurant would be similar to other restaurants in the vicinity. 8. The restaurant, as proposed, is compatible and consistent with development within the commercial areas of Old Town Tustin. There are commercial buildings providing the same type of use as proposed within the immediate vicinity of the project site. 9. The City previously prepared the Old Town Parking Study that concluded that there is a significant amount of available parking in the area. Zoning Administrator ,January 9, 2017 CIDP 2016-11 & DR 2016-014 Page S 10.The amended parking exception for this project is consistent with the City's goal of introducing customer-attracting commercial uses, replacing underutilized and vacant parcels, generating jobs, increasing the number of persons shopping and working in Old Town Tustin, and fostering economic development of the surrounding areas. 11.The City's Police Department has reviewed the application and has no immediate concerns. J,lvw VH,a. a Samantha Beier Associate Planner Attachments: A. Location Map B. Land Use Application Fact Sheet C. Submitted Plans D. ZAA 16-016 ATTACHMENT A Location Map LOCATION MAP CUP 2016-11 ,& DR 2016-414 195 EL CAMINO REAL 4 lu� I 1 9 I m R s 300' ' PROJECT SITE 5002ndSTREET m r c) > Z kill 1, a 0000. 0000 _S J 000, 0000, r � �- lr. y\ . ff. 1 � ATTACHMENT B Land Use Application Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2016-11 & DR 2016-014 2. LOCATION: 195 EL CAMINO REAL, SUITE 101 (EI Camino Cafe) 3. LOT: 19 BLOCK: 41 TRACT: 793 4.APN(S): 401-583-09 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: C2016-0071: Concurrent plan check underway for construction of outdoor restaurant seating, projecting awning with associated License Agreement(s) and Amendment to Old Town Parking Exception Agreement CUP 2016-03: Pawn Broker Use CUP 2012-05: Conditional Use Permit for a mixed-use building DR 2011-006: Design Review for a 2,795 sq.ft. building 6. SURROUNDING LAND USES: NORTH:_Commercial, Office SOUTH: Commercial EAST: Commercial, Office, WEST (Across EI Camino Real): Commercial, Office 7. SURROUNDING ZONING DESIGNATION: NORTH: Central Commercial (C2), Cultural Resources Overlay(CR), Parking Overlay(P)_ SOUTH: Central Commercial (C2), Cultural Resources Overlay(CR), Parking Overlay(P) EAST: Central Commercial (C2), Cultural Resources Overlay(CR), Parking Overlay(P) WEST: Central Commercial (C2), Cultural Resources Overlay(CR), Parking Overlay(P) 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Old Town Commercial SOUTH: Old Town Commercial EAST: Old Town Commercial WEST: Old Town Commercial 9. SITE LAND USE: EXISTING PROPOSED Use: Commercial No Change Zoning: Central Commercial, Cultural Resources Overlay, No Change Parking Overlay General Plan: Old Town Commercial No Change DEVELOPMENT FACTS: 10. LOT AREA: 4.356 S.F. or 0.10 ACRES 11. TENANT SPACE: 903 SF (Interior) +282 SF (Outdoor Seatinq Proposed) 14. PARKING: 26 SPACES REQUIRED (Two on-site spaces provided; remainder for the on-site uses is provided through the Old Town Parking Exception Program) 15. TENANT IMPROVEMENTS: NONE PROPOSED ATTACHMENT C Submitted Pians p �. 91lid, 'M0 ONIND 1 661 v _ µ� fn Ll L-L] Lj Z v r,csua rsA�FSti Nil H111411dogill xM dIM11€1 11, c ' ' a $a.rf�€eeBaB6ffrF�22ee8l�ce@E�Csa$a9en9�A85 ik EFK '' ,kF�t3� F` Fn � �& `$ $ 44iYSB �� �54§ �i �f '� � � � EaeaettiEE�l�1.1�� $o.93swsa35se$�i�$iEi�999� gtltl 44451a F ps el HE I eaaaesmL�ne37°�$�3lAs!e6EaAY�iA€��7r��094ce¢E� @EiYYE`t�EF�t��EEH 2��C�Z3�oe_aaatla93��a�s£ea a a 4 < 4 � OOm U m OG/Z6 'd3 ` W5M CD z k'2 o� Cf-T�E Q 1h �` �z 'Wd�d ONIVVV311661 4 b �gi s a _' �- g �NlIQ1111� Ofd Ili W U m S J F5� }� � ao gg7�i gg v O U 07 Q n� 2 6�yxif LO alkLO r• a � � S e t � v a I -- ------------ C11 e d ® I $ � I _ _ I I I > rr MH r 7.77-7 rudleNl I 1� .......... LA 211 r--I �D ---- -- ------ P? ------- ................ LT) m P"10 pui�pii% fl 195 �L rN�INO Fr-AL SSL Ryen� Z,..Zi?r ii -U511N rA. 92180 L----JL-------LA- C) wao s WO9LZ6 'd� Nf15M = M QLUa Q WTJ ONIWVD 11661 ' Q �m� � pp ��� 8p -� U ��= d $S�8 CvUi C] C) I 0] I Q I!'1 tzC /J AAASIA \/vim/—, qq oO r 110-.06 II d -11 g2 5Q II -I 116-.1 II - 41 �I � V ---------------- NX---- `a 1 FMI - i Y I [V 4 Y N L— J L--J L I L— J II I i1 -I II I! I II II I II I 11 -I II I II 1 q II -I 091Z6 V3 NL[5rll JVI—J� ONYVV3 1-1, 661 7k > %IldlIN Old III JL 4 tn cl Ml A. 44A RQ. Imp 'ILL! N awzlh HE INA WHIM.-M4 --A II 09 Ell MH ...........r1 ..... ................. it -7 ............... " r s n y, kPOP 6 l ,a "`rd f F-T �f r< .t t� r ter. '4 m „ d" - e t Y Jm { ,L _r -e i 1 _ r # q J— d 1 • y P' ry r , !R•i 4 r` n , r^ y Flo, •• ,'�. � :•lam y +� Jy i �� w: -ate - wk' OLA - _ ATTACHMENT D ZAA 16016 ZONING ADMINISTRATOR ACTION 16-016 CONDITIONAL USE PERMIT 2016-011 DESIGN REVIEW 2016-014 195 EL CAMINO REAL, SUITE 101 The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2016-11 and Design Review (DR) 2016-014 was filed by Guillermo Del Rio of EI Camino Cafe, 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 903 square foot tenant space, the establishment of an approximately 282 square foot outdoor restaurant seating area, and an amendment to an existing parking exception agreement to include a total of twenty-four (24) parking spaces for the property located at 195 El Camino Real. B. The .project site is within the Central Commercial (C2) Zoning, the Combining Parking (P) and Cultural Resources (CR) Overlay Districts. Pursuant to Tustin City Code (TCC) Sections 9233b(1) and 9232b(2), the C2 zoning district permits on-site alcoholic beverage sales in conjunction with a restaurant subject to the approval of a CUP. Pursuant to TCC Section 9277, design review approval is required for outdoor restaurant seating areas. Pursuant to Section.9299b(3)(g) of the TCC, the Zoning Administrator has the authority to review and approve CUPs for on-site alcoholic beverage sales licenses for restaurants. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin's (City) 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. That a public hearing was duly called, noticed, and held for CUP 2016-11 and DR 2016-014 on January 9, 2017, by the Zoning Administrator. 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: Zoning Administrator Action 16-016 CUP 2016-11 & DR 2016-014 Page 2 1) The proposed sale of on-site alcoholic beverages in conjunction with an existing restaurant use is allowed within the C2 District with the approval of a CUP (TCC Section 9233(b)1 and 9232(b)2). 2) Pursuant to TCC 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 design for the outdoor restaurant seating area is compatible with the overall design of the building. 6) The outdoor restaurant seating area is included in the parking analysis for the restaurant use, which can be accommodated by the Old Town Parking Exception Program. 7) The restaurant is located within a commercial building and a commercial corridor along EI Camino Real where a variety of retail, office, and restaurant uses are located. The requested restaurant hours of 7:00 a.m. to 9:00 p.m. Tuesday through Sunday for the interior seating and 7:00 a.m. until 9:00 p.m. Tuesday through Sunday for the outdoor seating are consistent with the characteristics of restaurant uses and the hours of operation of the restaurant would be similar to other restaurants in the vicinity. 8) The restaurant, as proposed, is compatible and consistent with development within the commercial areas of Old Town Tustin. There are commercial buildings providing the same type of use as proposed within the immediate vicinity of the project site. 9) The City previously prepared the Old Town Parking Study that concluded that there is a significant amount of available parking in the area. 10) The amended parking exception for this project is consistent with the City's goal of introducing customer-attracting commercial' uses, replacing underutilized and vacant parcels, generating jobs, increasing the number of persons shopping and working in Old Town Tustin, and fostering economic development of the surrounding areas. Zoning Administrator Action 16-016 CUP 2016-11 & DR 2016-014 Page 3 11) The City's Police Department has reviewed the application and has no immediate concerns. F. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the Califomia Code of Regulations (Guidelines for the Califomia Environmental Quality Act). il. The Zoning Administrator hereby approves CUP 2016-11 and DR 2016-014 authorizing an ABC Type 41 License for the sale of alcoholic beverages (beer and wine) for on-site consumption in conjunction with a 903 square-foot restaurant and 282 square-foot outdoor seating area (El Camino Cafe Restaurant), and an amendment to an existing Old Town Parking Exception Agreement to include a total of twenty-four (24) parking spaces for the property located at 195 El Camino Real, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 9t" day of January, 2017. ELIZABETH A. BINSACK ZONING ADMINISTRATOR VERA TISCARENO RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, VERA TISCARENO, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, Califomia; that Zoning Administrator Action No. 16-016 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 9th day of January, 2017. VERA TISCARENO RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 16-016 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2016-11 DESIGN REVIEW 2016-014 195-EL CAMINO REAL, SUITE 101 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 9, 2017, 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 if such modifications are consistent with provisions of the Tustin City Code. (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 (CUP) 2016-11 and Design Review (DR) 2016-014 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 attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. 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 Zoning.Administrator Action 16-016 CUP 2016-11 & DR 2016-014 January 9, 2017 Page 2 (1) 1.7 As a condition of approval of CUP 2016-11 and DR 2016-014 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 defense of any such action under this condition. (1) 1.8 CUP 2016.11 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with the conditions of approval or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (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). 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 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 TCC. (1) 1.10 Prior to the issuance of a building permit, the applicant shall comply with Ordinance No. 1416 by executing and recording a written amendment to the existing Old Town Parking Exception Agreement requiring the payment of an annual fee per space not provided on site that would compensate the City for the project's proportional use of public street and parking lot spaces. The cost'is currently sixty-dollars ($60.00) per space per year calculated at one (1) space per 100 square feet. USE RESTRICTIONS 2.1 This approval authorizes a Type 41 ABC License (on-site beer and wine sales) in conjunction with a bona fide public eating place. The proposed on-site consumption of beer and wine must be consistent with the Department of Alcoholic Beverage Control requirements. Any changes to the ABC License shall be reviewed and approved by the Community Zoning Administrator Action 16-016 CUP 2016-11 & DR 2016-014 January 9, 2017 Page 3 Director. The sale and consumption of alcoholic beverages in the outdoor restaurant seating area shall be restricted by and subject to any required State Alcoholic Beverage Control or other applicable license or permit governing the restaurant. Any outdoor restaurant seating area where alcoholic beverages are sold or consumed shall be enclosed by a border and shall be supervised at all times by an employee of the restaurant. No alcoholic beverages may be removed from the outdoor restaurant 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. The portion of the barrier within the public right-of-way shall be removable. (1) 2.2 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) 2.3 The menu of the restaurant and its outdoor restaurant seating area shall consist of foods that are prepared on the premises. (1) 2.4 All persons serving alcoholic beverages within a restaurant establishment must be eighteen (1 8) 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) 2.5 "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) 2.6 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (1) 2.7 The gross annual sales receipts shall be provided to the Community Development Department annually 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) 2.8 Business hours are limited to the following: Tuesday— Monday 7:00 a.m. to 9:00 p.m. Hours of sales of alcoholic beverages shall be Iimited to the hours when food is available. Operation of an outdoor restaurant seating area shall be permitted only at such times as the main restaurant use is open. Zoning Administrator Action 16-016 CUP 2016-11 & DR 2016-014 January 9, 2017 Page 4 (1) 2.9 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) 2.10 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) 2.11 An outdoor restaurant seating area may have a menu board that does not exceed six (6) square feet in area. (1) 2.12 Doors from the main restaurant to the outdoor restaurant seating area shall be self-closing. (1) 2.13 The outdoor restaurant seating area shall not obstruct any fire exit, fire escape, or other required ingress or egress to any structure or property. (1) 2.14 All restaurant use shall comply with the City's Noise Ordinance. (1) 2.15 No Live entertainment is permitted without a valid Live Entertainment Permit. No amplified noise or audio visual equipment is permitted within the outdoor restaurant seating area. (1) 2.16 Lighting shall be provided to illuminate the outdoor restaurant seating area. A minimum of one (1) footcandle of light is required at floor level. (1) 2.17 All litter shall be removed from the exterior areas around the premises including public sidewalk areas and parking areas, no less frequently than once each day that the business is open. Trash receptacles shall be provided in the outdoor restaurant seating area. (1) 2.18 Outdoor restaurant seating area must comply with the approved plans and regulations and requirements set forth in TCC Section 9277. Any significant modifications to the outdoor seating area or seating within must be approved by the Community Development Director. (1) 2.19 The restaurant establishment shall have a maximum of twelve (12) seats indoors and twenty-one (21) seats outdoors. Any increase in the number of seats is subject to written approval from the Community Development Director. All outdoor furniture and fixtures must be of durable and sturdy construction and suitable for outdoor use. Fumiture shall be in good condition without any visible dents, tears, rust, corrosion, or chipped or Zoning Administrator Action 16-016 CUP 2016-11 & DR 2016-014 January9, 2017 Page 5 peeling paint and shall be in a clean condition at all times. (1) 2.20 Photographs and/or manufacturers' brochures depicting the proposed outdoor tables, chairs, umbrellas, trash receptacles and other proposed furnishings shall be submitted at plan check for review and approval by the Community Development Department. (1) 2.21 All on-site signs, including permanent and temporary signs/banners, shall comply with the City of Tustin Sign Code. (1) 2.22 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. (1) 2.23 No outdoor storage is permitted, except as approved by the Tustin Community Development Director. (1) 2.24 In the event that the City implements programs and regulations to create a parking assessment district(s), the property owner and all successors in interest shall not contest and must participate in the implementation of such programs and regulations. (1) 2.25 A Certificate of Appropriateness, issued by the Director of Community Development, will be required at the time of building permit issuance. 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. At plan check, all exterior colors and materials shall be submitted for review and approval by the Community Development Department. (1) 3.2 Prior to issuance of building permit, Orange County Environmental Health and Orange County Fire Authority approvals may be required. PUBLIC WORKS (1) 3.1 Prior to issuance of a. building permit, the applicant shall enter into a Revocable License Agreement for Outdoor Seating with the City of Tustin. The applicant may be required to remove the outdoor tables, Zoning Administrator Action 16-016 CUP 2016-11 & DR 2016-014 January 9, 2017 Page 6 chairs, fences, planters, etc. for special events and for repair or maintenance activities. (1) 3.2 Prior to issuance of a building permit, the applicant shall enter into a Projecting Awning Revocable License Agreement with the City of Tustin. (1) 3.3 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 3.4 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy. (1) 3.5 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at sidewalks adjacent to the site. (1) 3.6 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) 3.7 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a) The applicant/contractor 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 percent 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 fifty-dollars ($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". Zoning Administrator Action 16-016 CUP 2016-11 &DR 2016-014 January 9, 2017 Page 7 FEES (1, 5) 4.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including, but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a) Building plan check and permit fees to the Community Development Department based on the most current schedule. b) Applicable parking fees as required by ordinance No 1416. (1, 5) 4.2 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.