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HomeMy WebLinkAboutCC RES 04-49 RESOLUTION NO. 04-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 03-012 AUTHORIZING ESTABLISHMENT OF ON-SITE ALCOHOLIC BEVERAGE SALES IN CONJUNCTION WITH AN APPROXIMATELY 3,000 SQUARE FOOT RESTAURANT WITH 112 SEATS IN AN APPROXIMATELY 9,300 SQUARE FOOT COMMERCIAL BUILDING LOCATED AT THE NORTHWEST CORNER OF MAIN STREET AND PROSPECT AVENUE The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That a proper application for Conditional Use Permit 03-012 was submitted by Prospect Village, LP, a California Limited Partnership (formerly known as Pelican Center LLC) to establish on-site alcoholic beverage sales in conjunction with up to a 3,000 square foot restaurant with 112 seats to be located within an approximately 9,300 square foot commercial building at the northwest corner of Main Street and Prospect Avenue. B. That a public hearing was duly called, noticed, and held for said application on April 26, 2004, by the Planning Commission and the Planning Commission approved Conditional Use Permit 03-012. C. On May 3, 2004, the City Council appealed the Planning Commission's decision to the City Council. D. That a public hearing was duly called, noticed, and held for said application on May 17, 2004, by the City Council. E. The proposed project is located within the General Plan "Old Town Commercial" land use designation, which supports the development of retail, restaurant, office, and residential uses. The site is currently within the Central Commercial and Parking Overlay (C2-P) zoning district and would be located within a Planned Community District and subject to the Prospect Village Planned Community District Regulations, if Zone Change 03-002 is adopted by the City Council on May 17, 2004. Alcoholic beverage sales are conditionally permitted by the proposed regulations of the Planned Community District. F. That the proposed on-site alcoholic beverage sales in conjunction with a Resolution No. 04-49 Page 1 of9 G. restaurant use will not 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, in that: 1. The proposed use is consistent with the Alcoholic Beverage Sales Establishment Guidelines adopted by the Planning Commission on May 14,2001. 2. The use is in conjunction with a restaurant where food will be served at all times when alcoholic beverages are served. As conditioned, any ancillary cocktail lounge or bar area within the restaurant shall function as a food and beverage service bar. 3. As conditioned, any future restaurant tenant would be required to submit detailed operational information demonstrating compliance with all conditions of approval. If the future restaurant tenant cannot comply with the conditions of approval, a modification to Conditional Use Permit 03-012 would be required and could be considered by the Zoning Administrator in accordance with Section 9299 of the Tustin City Code. That the scope of this activity is within the scope of the Prospect Village Final Environmental Impact Report (FEIR). In accordance with the provisions of the California Environmental Quality Act (CEQA), the City Council has considered the FEIR and found that it is complete and adequate and adopted Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring Program prior to approving Conditional Use Permit 03-12 by adopting Resolution No. 04-45. II. The City Council hereby approves the establishment of alcoholic beverage sales in conjunction with up to a 3,000 square foot restaurant with 112 seats to be located within a 9,300 square foot commercial building at the northwest corner of Main Street and Prospect Avenue, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 1ih day of May, 2004. Resolution No. 04-49 Page 2 of 9 í~~ Mayor ATTEST: ~JO4)I2 ~ PAME STOKER, City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ) )SS ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do 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. 04-49 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 1 ih day of May, 2004 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: KAWASHIMA. BONE. DAVERT. HAGEN. THOMAS NONE NONE NONE (5) (0) (0) (0) ~o~~ PA vlELA STOKER, City Clerk Resolution No. 04-49 Page 3 of 9 GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1) 1.5 EXHIBIT A CONDITIONAL USE PERMIT 03-012, RESOLUTION NO. 04-49 CONDITIONS OF APPROVA The proposed project shall conform with the submitted plans for the project date stamped May 17, 2004, 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 and City review required pursuant to the Disposition and Development Agreement (DDA) for the project. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the Tustin City Code, other applicable codes, and all requirements of the DDA. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department and City review required pursuant to the DDA. Approval of Conditional Use Permit 03-012 will become null and void in the event that the City Council does not approve Zone Change 03-002 or Tentative Tract Map 16481, or if conditions of the DDA for the project are violated. The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within the time frames identified in the schedule of performance contained in the DDA. All time extensions may be considered if a written request is within thirty (30) days prior to expiration and processed in accordance with the provisions of the DDA. Approval of Conditional Use Permit 03-012 is contingent upon the applicant 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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION Resolution No. 04-49 Page 4 of 9 (1 ) (1 ) (5) (1 ) (1 ) (1 ) 1.6 1.7 1.8 1.9 The entitlement authorized by Conditional Use Permit 03-012 shall be in accordance with Zone Change 03-002 and Tentative Tract Map 16481, as approved by Resolution Nos. 3911 and 3912, which are incorporated herein by reference as though fully set forth in the DDA. As a condition of approval of Conditional Use Permit 03-012, 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. This entitlement is subject to the applicant's fulfillment of all provisions of the DDA. The entitlement shall become null and void in the event that the City Council does not approve the DDA in case of default by the developer or termination by the City, including, but not limited to, the City's approval of any final maps not completed at the time of default or termination. Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. 1.10 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. 1.11 Major modifications or amendments to Conditional Use Permit 03-012 may be considered by the Zoning Administrator as authorized by Section 9299 of the Tustin City Code. PLAN SUBMITTAL (3) 2.1 At the time of building permit application for tenant improvements, the plans shall comply with the latest adopted codes, City Ordinances, and State and Federal laws and regulations. The City is currently using the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Code (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, and Title 24 Energy Resolution No. 04-49 Page 5 of 9 Regulations. The plans shall demonstrate compliance with the following: a. Restrooms shall be accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. b. Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. c. Openings in exterior walls are not permitted less than five (5) feet from property lines, 2001 California Building Code (Table 5A). d. All new glass doors and windows, in or adjacent to doors, shall be tempered in accordance with the 2001 California Building Code Section 2406.4. e. A level floor or landing shall be provided at all commercial and retail doors. This area shall have a minimum length of 60 inches in the direction of the door swing and 48 inches in the opposite direction of the door swing. USE RESTRICTIONS (*) 3.1 (5) 3.2 (5) 3.3 Resolution No. 04-49 Page 6 of 9 Prior to issuance of a business license for a restaurant tenant, the business owner shall submit operational information for the restaurant which demonstrates it will be compatible with the surrounding neighborhood and comply with all conditions of approval herein. The Community Development Director shall determine whether the proposed operations are appropriate for the site or refer the matter to the Planning Commission for review and approval. The restaurant shall operate within all applicable State, County, and Tustin City Code provisions, including the Alcoholic Beverage Sales Establishment Guidelines adopted by the Planning Commission on May 14, 2001. 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 for the Tustin City Code. Authorization for the on-site sales of alcoholic beverage sales (License Type "47") is contingent upon the use of the subject premises remaining a restaurant. Should this use change or be discontinued, authorization for (5) 3.4 (1) 3.5 (1) 3.6 (1) 3.7 (5) 3.8 (5) (1 ) (1 ) (1 ) (1 ) 3.9 this use permit is null and void. The applicant obtain the appropriate license from the State Department of Alcoholic Beverages Control for the type of alcoholic sales authorized for the site. A copy shall be provided to the City. Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Menu items shall be available in the restaurant during business hours. Business operations shall be 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. The menu of the restaurant shall consist of foods that are prepared on the premises. All persons selling alcoholic beverages shall be eighteen (18) years of age or older and shall be supervised by someone twenty-one (21) years of age or older. A supervisor shall be present in the same area as the point of sale. Alcoholic beverages shall be consumed on-site and may not be served or consumed outside the restaurant, unless a physical barrier is approved by the Community Development Department and the Department of Alcoholic Beverage Control. 3.10 A maximum of 112 seats shall be provided in the restaurant and may be distributed throughout the interior and exterior portions of the restaurant. Any change to the maximum number of indoor and outdoor seats shall require written approval of the Community Development Department. 3.11 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. 3.12 Any cocktail lounge or bar area within the restaurant shall function as a food and beverage service bar. 3.13 All outdoor furniture including, seats, tables, and trash receptacles associated with the restaurant shall be approved in writing by the Community Development Department. No resin or plastic furniture shall be permitted. Any change to the approved design, material, or color of the outdoor furniture requires written approval of the Community Development Department. (1 )(3) 3.14 Outdoor seats, tables, trash receptacles, or potted plants associated with the Resolution No. 04-49 Page 7 of 9 (1 ) (1 ) (1 ) (2) (1 ) (2) (2) (2) (2) (1 ) FEES (1 ) restaurant shall not obstruct pedestrian and accessible access to the building. 3.15 The outdoor seating area shall contain trash receptacles and shall be cleaned on a continual and daily basis to ensure timely removal of litter and food items. 3.16 No signs or advertisements shall be placed within the outdoor seating area. 3.17 The installation of any exterior, freestanding vending machines, such as, but not limited to, beverage or soda machines, candy, magazine racks, and any other retail product, is prohibited. 3.18 Public telephones shall be permitted on the inside of the establishment and shall be modified to prevent incoming calls. 3.19 No outdoor storage shall be permitted except as approved by the Director of Community Development. 3.20 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. 3.21 All litter shall be removed from the exterior areas around the premises including adjacent public sidewalk areas and parking areas, no less frequently than once each day that the business is open. 3.22 An approved live entertainment permit is required prior to establishing any dancing or live entertainment on the premises. 3.23 Business operations shall be 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. 3.24 The ambient noise for the on-site sales facility shall not exceed the standards of the City of Tustin Noise Ordinance. 3.25 The restaurant, or any subsequent food and alcohol serving business occupying the site, shall submit their audited financial statements at the City's request and those statements must verify that food sales exceed sales of alcoholic beverages. 4.1 Prior to issuance of any building permits for tenant improvements, payment shall be made of all applicable fees, including but not limited to, the Resolution No. 04-49 Page 8 of 9 following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a. Building Division plan check and permit fees to the Community Development Department based on the most current schedule. b. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. c. Other fees, as applicable, at the time of plan check submittal and permit issuance. d. 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 forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that 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. Resolution No. 04-49 Page 9 of 9