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HomeMy WebLinkAboutSUPPLEMENTAL ZAA 18-002 ZONING ADMINISTRATOR ACTION 18-002 CONDITIONAL USE PERMIT 2018-01 DESIGN REVIEW 2018-002 15501 RED HILL AVENUE, SUITE 100 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 a Conditional Use Permit (CUP) 2018-01 and Design Review (DR) 2018-002 was filed by Amy Bagley, Steiner Studio, Inc. requesting authorization to establish on-site alcoholic beverage sales with outdoor seating in conjunction with a restaurant and beer manufacturer located at 15501 Red Hill Avenue, Suite 100. B. The site is designated as Planned Community Commercial/Business (PCCB) by the City General Plan and is SP-3 and Planned Community Industrial/Business (PC-IND/BUS). Pursuant to Tustin City Code (TCC) Section 9299b(3)(g), the Zoning Administrator has the authority to review and approve on-site alcoholic beverage sales licenses for restaurants. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. The proposed restaurant use with an outdoor seating area will be in addition to the beer manufacturing use for the business. The characteristics of the proposed use and hours of operation will be complimentary to the manufacturing use and will be in operation during majorly off-peak hours of other businesses in the vicinity. D. That a public hearing was duly called, noticed, and held for CUP 2018-01 and DR 2018-002 on April 9, 2018, 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: SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Zoning Administrator Action 18-002 CUP 2018-01 & DR 2018-002 Page 2 1) The proposed sale of on-site alcoholic beverages in conjunction with a new restaurant use is allowed within PC-IND/BUS/SP-3 with the approval of a CUP. 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 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 restaurant establishment use is located within the PC-IND/BUS zoning district and within SP-3, which allows for a broad range of industrial/commercial uses development. The characteristics of the production component of the business and the hours of operation for the proposed restaurant would be compatible with existing businesses in the vicinity. 7) The manufacturing use was considered in the design of the property and the proposed restaurant use and outdoor seating area were accounted for in the parking ratio; therefore, no parking impacts are anticipated. 8) The Tustin Police Department has reviewed the application and has no immediate concerns. F. This project is Categorically Exempt pursuant to Section 15301 (Class 1- Existing Facilities) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Zoning Administrator Action No. 18- 002 approving CUP 2018-01 and DR 2018-002 authorizing on-site alcoholic beverage sales with outdoor seating in conjunction with a restaurant and beer manufacturer located at 15501 Red Hill Avenue, Suite 100. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 9th day of April, 2018. Zoning Administrator Action 18-002 CUP 2018-01 & DR 2018-002 Page 3 ELIZABETH A. BINSACK ZONING ADMINISTRATOR VERA TISCARENO EXECUTIVE ASSISTANT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Vera Tiscareno, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 18-002 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 9th day of April, 2018. VERA TISCARENO EXECUTIVE ASSISTANT EXHIBIT A CONDITIONAL USE PERMIT 2018-01 DESIGN REVIEW 2018-002 15501 RED HILL AVENUE, SUITE 100 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped April 9, 2018, 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. The Director of Community Development may also approve minor modifications during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to issuance of building permits, 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) 2018-01 and Design Review (DR) 2018-002 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. Failure to comply with conditions of approval, or if the establishment creates undue burden to City resources, or if the Conditional Use Permit is abandoned for a twelve (12) month period, these circumstances shall be grounds for revocation of the Conditional Use Permit. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Conditions of Approval Exhibit A CUP 2018-01 & DR 2018-002 Page 2 Any transfer of ownership of the establishment and/or operator shall require the new owner and/or operator to sign and return an "Agreement to Conditions Imposed" form provided by the Community Development. Failure to do so would be a basis for revocation proceeding. (1) 1.5 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. (1) 1.6 CUP 2018-01 and DR 2018-002 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 CUP. (1) 1.7 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis, traffic study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a. Establish alternative hours of operation, b. Provide additional parking, or c. Provide noise attenuation improvements. (1) 1.8 As a condition of approval of CUP 2018-01 and DR 2018-002, 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. Conditions of Approval Exhibit A CUP 2018-01 & DR 2018-002 Page 3 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) 1.9 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 Tustin City Code. (1) 1.10 The Conditional Use Permit 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, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or 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. USE RESTRICTIONS (1) 2.1 The authorization to serve alcoholic beverages on-site is subject to the use remaining as a restaurant. Any change to the use shall require review and approval by the Community Development Director. This approval authorizes an alcoholic beverage sales license in conjunction with a bona fide public eating place. Any changes and/or upgrades to the ABC License shall be reviewed and approved by the Community Development 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. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. 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. Conditions of Approval Exhibit A CUP 2018-01 & DR 2018-002 Page 4 (1) 2.2 The gross annual sales receipts shall be provided to the Community Development Director upon request. To verify that the gross annual sale of food exceeds the gross annual 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) 2.3 The applicant shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic beverage sales authorized for the site. A copy shall be provided to the City prior to operating the alcoholic beverage sales. (1)(5) 2.4 Approved uses shall comply with all applicable State, County and the Tustin City Code. Any violations of the regulations of 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. (7) 2.5 Authorization for on-site sales of alcohol in conjunction with the proposed use is contingent upon the use remaining at the subject site. At such time the use is discontinued or no longer shall the primary use of the site, the use permit shall be deemed null and void. (7) 2.6 All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The California Department of Alcoholic Beverage Control must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage sales establishment and shall be presented upon request by a representative of the City of Tustin. (7) 2.7 Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. *** 2.8 The applicant shall obtain the appropriate permits for the onsite food truck from the County of Orange. Conditions of Approval Exhibit A CUP 2018-01 & DR 2018-002 Page 5 (1) 2.9 Business hours for the "barrel room", which includes the bona fide public eating place and outdoor restaurant seating area, are limited to the following: Monday- 3:00 p.m. to 9 p.m. Thursday: Friday: 3:00 p.m. to 11:00 p.m. Saturday: 11:00 a.m. to 11:00 p.m. Sunday: 11:00 a.m. to 9:00 p.m Sale of alcoholic beverages shall be limited to the hours when food is available. Modifications to the hours of operation may be approved by the Community Development Director if it is determined that no impacts to the surrounding tenants or properties will occur. (1)(4) 2.10 The menu of the restaurant shall consist of foods that are prepared on the premises. (7) 2.11 There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if it function as food and beverage service bar or lounge area. (7) 2.12 In the event that there is a queuing line, the business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. No food or beverages shall be consumed while in queuing lines. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. (7) 2.13 The applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those twenty-one (21) and older. (5)(7) 2.14 All alcohol shall be consumed on-site with the exception of the provisions stated in the Business and Profession Code Section 23396.5 and 23401 . (7) 2.15 There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (7) 2.16 Games or contest requiring or involving consumption of alcoholic beverages shall be prohibited. (3) 2.17 The outdoor restaurant seating area shall not obstruct any fire exit, fire escape, or other required ingress or egress to any structure or property. Conditions of Approval Exhibit A CUP 2018-01 & DR 2018-002 Page 6 (1) 2.18 The 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 Business operations shall be conducted 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. *** 2.20 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. *** 2.21 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) 2.22 Any graffiti painted or marked upon the premises or any adjacent area under control of the property owner or the business shall be removed or painted within twenty-four (24) hours of being applied. (7) 2.23 All signs shall comply with the Tustin Sign Code and the following: • There shall be no exterior advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. No interior displays of alcoholic beverages or signs which are clearly visible to the exterior. • Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) per cent of window coverage. • Except for restaurants, the applicant shall post "NO LOITERING" sign prohibiting loitering on the exterior of the premises. • Signs shall be posted in a conspicuous space at all entrances/exits of the premises which shall state, "NO ALCOHOLIC BEVERAGES BEYOND THIS POINT." (7) 2.24 There shall be no window coverings or advertisements that reduce the visibility inside of the business. Conditions of Approval Exhibit A CUP 2018-01 & DR 2018-002 Page 7 (7) 2.25 Businesses shall install and maintain a video surveillance system to monitor all doors, public area of the premises and parking areas and shall make the video available to the Police Department. Electronic copies of videos shall be made available to the Police Department within 48 hours of request. Digital recording shall be made available for viewing on- scene upon request by a Police Officer. The business shall retain video surveillance for one (1) month. All video surveillance cameras must record in color, with digital recording to DVR and able to record in low- light. (7) 2.26 The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the police department, addressing at a minimum the following items: • Identify individuals who are responsible for the premises. The list shall include contact information such as name, address, phone number, etc. and the list shall current and accurate. • Procedures for handling obviously intoxicated persons. • The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. • Procedures for handling patrons involved in fighting, arguing or loitering about the building, and/or in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s). • Procedures for verifying the age of patrons for purposes of alcohol sales. Conditions of Approval Exhibit A CUP 2018-01 & DR 2018-002 Page 8 • Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. • Procedures for calling the police regarding observed or reported criminal activity. • Procedures for management of queuing lines. • The location and description of any video games proposed to be on the premises. (7) 2.27 Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Community Development Department and the Police Department. (1) 2.28 All restaurant use shall comply with the City's Noise Ordinance. (1) 2.29 Live entertainment shall be subject to the issuance of a live entertainment permit pursuant to Tustin City Code Chapter 2 Part 3, and shall comply with all of the standards contained therein. (1) 2.30 For establishments with live entertainment permit per Tustin City Code or amplified music, all exterior doors and windows will be closed during the hours of such entertainment or music, except to allow ingress or egress of patrons, or in the case of emergencies. All exterior doors and windows shall be an adequate acoustic barrier, and shall not consist solely of a screen or ventilated security door. (7) 2.31 There shall be no special events sponsored by or involving an outside promoter or any other person other than the applicant and/or property owner. The building may not be sublet to a separate business or promoter or person other than the applicant and/or property owner. (1) 2.32 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (1) 2.33 All on-site signs, including permanent and temporary signs/banners, shall comply with the City of Tustin Sign Code. Conditions of Approval Exhibit A CUP 2018-01 & DR 2018-002 Page 9 PLAN SUBMITTAL (1) 3.1 At the time of building permit application, the plans shall comply with the latest edition of State and City of Tustin adopted codes: California Building Code, California Electrical Code, California Plumbing Code, City Ordinances, and State and Federal laws and regulations. *** 3.2 All electrical, mechanical, and plumbing hookups related to food service require a building permit. (1) 3.3 As part of the State-Required Organics Diversion Program, the applicant must provide a minimum 35-gallon collection receptacle for organic waste. (1) 3.4 Prior to the issuance of a building permit, the applicant shall provide written approval from East Orange County Water District (EOCWD) of sewer connection for the change in use. (1) 3.5 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% 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 $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". FEES (1) 4.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building and Planning plan check and permit fees Conditions of Approval Exhibit A CUP 2018-01 & DR 2018-002 Page 10 (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.