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HomeMy WebLinkAboutCC RES 99-29 RESOLUTION NO. 99-29 A'RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~ TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 98-029 AUTHORIZING ON-SITE SALE AND CONSUMPTION OF 2 BEER, WINE AND DISTILLED SPIRITS (LICENSE TYPE 47) AND LIVE ENTERTAINMENT IN CONJUNCTION WITH A NEW 3 RESTAURANT LOCATED AT 14131 RED HILL AVENUE 4 I. The City Council finds and determines as follows: 5 A. That a proper application for Conditional Use Permit 98-029, was filed by 6 Larry Smith, requesting authorization to obtain a license for the on-site sale and consumption of beer, wine and distilled spirits (ABC License Type "47") 7 and live entertainment in conjunction with a new existing restaurant located at 14131 Red Hill Avenue, Tustin. 8 B. That a public hearing was duly called, noticed and 'held on said application on February 8, February 22, and March, 8, 1999 by the Planning Commission: n C. That on March 15, 1999, the City Council appealed the Planning Commission's decision and that public hearings were duly called, noticed ~2 and held on said appeal on April5, and April 19, 1999 by the City Council. ~3 D. That the proposed use is allowed within the C-1 (Retail Commercial) Zoning District with the approval of a Conditional Use Permit. 14 E. That the establishment, maintenance, and operation of the use applied for ~s will not, 'under the circumstances of this case, be detrimental to the health,. safety,. morals, comfort, or general welfare of the persons residing or ~6 working in the neighborhood of such proposed use nor be a detriment to the property and improvements inthe neighborhood of the subject property, nor ~? to the general welfare of the City of Tustin as evidenced by the following ~s findings: ~9 1. The proposed project, as conditioned, complies with adopted guidelines for alcoholic beverage sales establishments which have 20 been established and considered to mitigate potential impacts associated with. the sale of alcohol in conjunction with restaurants. 2! 2. As conditioned, the sale of alcoholic beverages would be limited to 22 privileges for a type 47 license. Sales of alcoholic beverages for off- site consumption is prohibited except as authorized in the Business 23 and Professions Code Section 23396.5. 24 3, The sale of alcohol would only be'authorized in conjunction with a. 25 restaurant use. 26 4. Sales of beer, wine and distilled spirits will be permitted only when food is available. Food provided will be prepared on the premises. 27 5. Granting of a temporary use permit to allow up to five coin operated 2s games, two pool/billiard tables and a total of 16 "bar seats" on the restaurant premises shall be for six months commencing on March 29 15, 1999. During this temporary period, the Planning Commission shall consider if it is appropriate to amend the Alcoholic Beverage Sales Establishment Guidelines to allow "bar seating", coin operated video games and pool/billiard tables. Granting of the temporary use Resolution No. 99-29 Conditional Use Permit 98-029 April 19, 1999 Page 2 2 permit does not guarantee that "bar seating", coin operated video 3 games and pool/billiard tables will be permitted for a period longer than as stated in Condition 2.10 of this resolution. The applicant has 4 agreed to remove these amenities and improvements immediately at his sole expense if the Planning Commission does not amend the 5 Alcoholic Beverage Sales Establishment Guidelines to permit these 6 amenities and improvements. 7 6~ The applicant has not requested approval to locate any sexually oriented business or use within the proposed restaurant. In addition, s sexually oriented businesses are not permitted within the Retail Commercial (C.1) zoning district. Therefore, no sexually oriented 9 businesses will be conducted on the premises., ~0 7o All persons serving beer, wine and distilled spirits will be eighteen (18) years of age or older and supervised by someone twenty-one n (21) years of age or older. The supervisor will be present in the same area as point of sale. t2 ~3 8. A parking summary will be submitted and approved by the Community Development Department if any increase in the 150 ~4 seats is proposed. ~5 F. That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1 ). Z6 G. That the project has been reviewed for consistency with the Air Quality Sub- ~7 element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. t8 II. The City Council hereby approves Conditional Use Permit No. 98-029 authorizing ~9 the on-site sale and consumption of beer, wine and distilled spirits (ABC License 20 Type "47") and live entertainment in conjunction with a new restaurant located at 14131 Red Hill Avenue, subject to the conditions contained within Exhibit A, 2~ attached hereto. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 19th day of April, 1999. 23 25 THOMAS R. ~2L/'fA~,Iz:LLI 26 ~ ....K~03'~~~~ Mayor 27 2s ~AMELA S TO City Clerk EXHIBIT A RESOLUTION NO. 99-29 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 98-029 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans date stamped March 8, 1999, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to the plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code. (1) 1.2 Conditional Use Permit approval shall become null and void unless an Alcoholic Beverage Control License Type "47" is obtained from ABC and the sale and consumption of beer and wine commences within twelve (12) months of the date of this exhibit. Time extensions may be granted by the Community Development Department if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 A. pp.roval of Conditional Use Permit 98-029 is contingent upon the applicant s~gnlng and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.4 Conditional Use Permit 98-029 authorizes ABC License Type "47". The sale of alcoholic beverages for off-site consumption is prohibited, except partially consumed bottles of wine as authorized in the Business and Professional Code Section 23396.5. (1) 1.5 The applicant shall 'hold harmless and defend the City of Tustin from all claims and liabilities.arising.out of a challenge of the City's approval of this project. (1) 1.6 Unless otherwise specified, the conditions contained in this Exhibit shall be - complied with prior to the issuance of any building permits for the project, s. ubject to review and approval of the Community Development Department. (1) 1.7 Conditional Use Permit 98-029 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 Conditional Use Permit 98-029, or is found to be a nuisance or negative impacts are affecting the surrounding neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. 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 Exhibit A Resolution No. 99-29 Conditional Use Permit 98-029 April 19, 1999 Page 2 (5) 1.8 Audited financial statements and schedules separately identifying gross sales of food and gross sales of alcohol, must be submitted to the Community Development Director for annual review. The gross receipts of food sales must exceed the gross receipts of alcohol sales. If gross receipts of alcohol exceed food sales, the Community Development Director shall initiate proceedings to revoke the Conditional Use Permit. (1) 1.9 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.10 The applicant shall be responsible for costs associated with any necessary code enforcement action. (1) 1.1'1 The applicant shall post security in the amount of $2,500 for a period of nine months in the form acceptable to the City Attorney securing the removal of the bar stools, coin operated video games, and the pool/billia.rd tables temporarily approved herein for a period of no more than six months. The amount of said security is the estimated legal and administrative costs associated with the enforcement of the temporary approval, including the estimated costs of removing the temporarily approved bar stools, coin operated 'video games, and pool/billiard tables. If the City extends the time of the temporary approval, the applicant shall post new or extended security, which security shall expire no eadier than the 90"' day following the expiration of!the approval extension, and the amounts thereof may then be adjusted to reflect any new estimated costs associated with the enforcement of said temporary approval. USE RESTRICTIONS (3) . 2.1 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. (5) 2.2 No outdoor seating shall be permitted unless a separate Conditional Use Permit is approved pursuant to the current provisions of the Tustin City Code. (2) 2.3 Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Service of food menu items shall be during all business hours. (2) 2.4 Operating hours shall be consistent with other businesses within the commercial center. The closing hours shall be 11:00 p.m. Sunday through Thursday and 12:00 a.m. Friday and Saturday. No new patrons shall be admitted after the dosing hours and patrons shall vacate the premises within thirty (30) minutes after closing time. (,2) 2.5 The menu of the restaurant shall consist 'of foods that -are prepared on the premises. Exhibit A Resolution No. 99-29 Conditional Use Permit 98-029 April 19, 1999 Page 3 (1) 2.6 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 same area as point of sale. (5) 2.7' The maximum number of seats shall comply with the number of available off-street parking spaces within the entire center. A request for additional seats requires submittal of a current parking summary, which must be reviewed and approved by the Community Development Department prior to increasing the number of seats. (2) 2.8 Live entertainment ~and public dancing shall be located entirely within the interior of the restaurant during normal business hours. No sexually oriented business shall be conducted on the premises. (2) 2.9 Authorization for the on-site sales of beer, wine and distilled spirits (ABC License Type "47") is contingent upon the use of the subject premises remaining a restaurant. Should this use change or be discontinued, authorization for this use permit is null and void. (7)' 2.10 A temporary use permit shall be granted for a period of six months, or until amendments to the Alcoholic Beverage Sales Establishment Guidelines, regarding "bar seating", coin operated video games and pool/billiard table regulations have been adopted, which ever time frame is shorter. The six month period shall commence from March 15, 1999. The temporary use permit shall allow 12 "bar seats" within the lounge area and 4 "bar seats" within the main level dining room, up to five coin operated video games and two poo!/billiard tables (also referred to as amenities and improvements) on the premises. if the Guidelines are amended to allow any amenities or improvements, the Community Development Department may approve the amenities and improvements that are permitted by the Guidelines administratively. Approval for .any amenities that are not allowed by the amended Guidelines shall become null and .void and those amenities shall be removed within ten (10) days of the Planning Commission's determination at the owner's sole expense. (5) 2.11 The applicant shall obtain a Public Dancing Permit and an Entertainment Permit from the Community Development Director prior to offering public dancing and live entertainment on the premises. (5) 2.12 Any bar located within the facility shall function as a food/beverage service bar. (7) 2.14 The entire facility, which includes all three (3) levels, shall operate exclusively as a restaurant. During business hours, at least 80% of the premises shall be designed and used for and must posses the necessary utensils, table service and condiment dispensers with which to serve meals to the public~ (1) 2.15 "No Loitering" signs shall be posted at the entrance of the business. Exhibit A Resolution No. 99-29 Conditional Use Permit 98-029 April 19, 1999 Page 4 (1) 2.16 All litter shall be removed from the exterior area around the premises including adjacent public sidewalk areas and parking areas no less frequently than once each day that the business is open. (1) 2.17 Public telephones inside and adjacent to the establishment shall be modified to prevent incoming calls. SITE PLAN, FLOOR PLANS & ELEVATIONS (4) 3.1 Exterior elevations of the building shall indicate any existing or proposed fixtures or equipment to be located on the roof of the building; equipment heights and type of screening. All roof mounted equipment, vents, exhausts or other roof penetrations shall be located a minimum of 6 inches below the top of parapets. (:3) 3°2 Three (3) inch striping detail shall be shown for all parking spaces. Handicapped markings shall be .provided on the designated accessible parking space. (5) 3.3 The project shall meet all applicable requirements set forth in the Tustin Security Code relating to commercial structures, including lighting and locking devices. The City's Security Ordinance requires that lighting at exterior doors, driveways, and parking areas shall provide a minimum of one (1) foot-candle of illumination. All exterior lighting shall be consistent with the center and arranged so as not to direct light or glare onto adjacent properties or streets. (1) 3.4 Plans for a trash enclosure shall be submitted to the Community Development Department for review and approval. The plans shall include information regarding the proposed self-closing and self-latching gate, size dimensions, setbacks, colors and materials. The trash enclosure shall be at least six (6) feet in height and comply with the Great Western Reclamation standards. The trash enclosure size shall have the ability to accommodate the City's recycling program. (1) 3.5 The existing landscape planters on the site shall be repaired, irrigated and planted. The planters and landscaping materials shall be continuously maintained in an appropriate manner. An automatic irrigation system shall be installed and the landscaping shall be watered on a regular basis. All weeds and dead landscaping shall be removed immediately, replaced, and maintained with healthy plants. (1) 3.6 The existing monument sign for the restaurant shall be repaired, painted, and/or replaced. A new sign shall comply with the City of Tustin Sign Code. Plans shall be submitted to the Community Develepment Department for review, approval, and permits. Exhibit A ' Resolution No. 99-29 Conditional Use Permit 98-029 April 19, 1999 Page 5 BUILDING DIVISION (3) 4.1 In compliance with the Uniform Building Code (Application for Permit) and prior to the issuance of a building permit, the applicant, designer, Architect or Engineer must submit building plans to the Building Division for review and approval. (3) 4.2 In compliance with the California Code of Regulations, Title 24 Part 2, Accessibility Standards, and prior to the plan check approval, the designer, Architect or Engineer must provide designs for accessibility for the physically challenged to the Building Division for their review and approval prior to the issuance of a building permit. (3) 4.3 In compliance with the Department of Justice (Office of the Attorney General) this condition is for the accessibility for the proposed project, the designer, Architect or Engineers. proposed project must comply with the Americans with Disabilities Act (ADA) (Federal Register). (3) 4.4 In compliance with the Tustin City Code, (Health Code) and prior to the issuance of a building permit, the designer, Architect or Engineer must submit plans to the Orange County Health Department for project approval; and must submit the approved plans to the City of Tustin Building Division for their review and approval prior to the issuance of a building permit. FIRE (3) 5.1 Prior to the issuance of any building permits, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief pdor to issuance of building permits. Provisions shall be made by the applicant. for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. (3) 5.2 Street Markings: A. Pdor to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. Exhibit A Resolution No. 99-29 Conditional Use Permit 98-029 April 19, '1999 Page 6 B. Prior to the issuance of the certificate of use and occupancy the approved fire lane marking plan shall be installed. The plans shall contain a fire lane map and provisions which prohibit parking in the fire lanes, A method of enforcement shall be included. (3) 5.3 Prior to installation, plans for an approved fire-suppression system for the protection of commercial-type cooking equipment shall be submitted to the Fire Chief for review and approval. FEES (1) 6.2 Prior to the issuance of any building permits, payment shall be made of all applicable building and Orange County Fire Authority plan check and permit fees to the Community Development Department, based on the most current fee schedule. (5) 6.1 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 $38.00 (thirty-eight dollars) 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 Califomia Environmental Quality Act could be significantly lengthened. s:ccreso/99-29LL.aoc RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) RESOLUTION NO. 99-29 Pamela Stoker, City Clerk and ex-officio Clerk of the City Counci of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council is five; that the above and foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 19th day of April, 1999, by the following vote: COUNCILMEMBER AYES: Saltarelli, Worley, Doyle, Thomas COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED None COUNCILMEMBER ABSENT: Ports Pamela' 5~t~aker, C~y Clerk