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HomeMy WebLinkAboutPC RES 4365 RESOLUTION NO. 4365 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2018-00005, A REQUEST TO AUTHORIZE ON-SITE ALCOHOLIC BEVERAGE SALES IN CONJUNCTION WITH AN EXISTING BONA FIDE RESTAURANT ESTABLISHMENT LOCATED AT 17631 EAST SEVENTEENTH STREET. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2018-00005 was filed by Dong He Yong of Tustin Buffet, Inc., applicant, a request to serve on-site alcoholic beverages in conjunction with an existing bona fide restaurant establishment, located at 17631 East Seventeenth Street. B. That the subject property is located within the Planning Community Commercial (PC-COM) zoning district where uses authorized in the Retail Commercial (C1) are also authorized on the City of Tustin Zoning Map. C. That a public meeting was duly called, noticed, and held for said application on May 22, 2018, by the Planning Commission. D. That the establishment, maintenance, and operation of the on-site alcoholic beverage sales in conjunction with a restaurant 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 of the City of Tustin in that: 1. The proposed sale of beer and wine for on-site consumption in conjunction with a restaurant establishment is allowed within the PC-COM zoning district with the approval of a CUP. 2. 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, and the TCC Section 9271(dd). 3. The on-site consumption of alcoholic beverages would be in conjunction with a restaurant establishment where food will be served at all times when alcoholic beverages are served. Resolution No, 4365 Page 2 4, 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. 5. The restaurant establishment use is located within a commercial corridor along East Seventeenth Street where a variety of retail, office and restaurant uses are located. The characteristics of the restaurant establishment use with on-site retail sales of alcoholic beverages and hours of operation, of the restaurant would be similar to other restaurants in the vicinity. 6. No expansion of the existing restaurant use is proposed„ therefore, no parking impacts are anticipated, 7The Tustin Police Department has reviewed the application and has no immediate concerns. E, This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act), IL The Planning Commission hereby approves Conditional Use Permit 2018-00005, a request for authorization for on-site alcoholic beverage sales in conjunction with an ,existing bona fide restaurant establishment, located at '17631 East Seventeenth Street, PASSED AND ADOPTED by the Planning Commission of the City offustin, at a regular meeting on the 22nd day of May, 2018, AUSTIN LU AIDC, Chairperson ItOZABETH A. BINSACK Planning Commission Secretary Resolution No. 4365 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE, CITY OF TUSTIN 1, ELIZABETH A, BIN SACK, the undersigned, hereby certify that I am, the Planning Commission Secretary of the Planning Commission, of the City of Tustin, Californias that Resolution No. 4365 was duly passed ands adopted at a regular meeting of the Tustin Planningi Commission, held on the 22nd day of May, 2018. PLANNING COMMISSIONER AYES: Kozak, Lumbard, Mason, Smith, Thom2son (5) PLANNING! COMMISSIONER NOES: PLANNING, COMMISSIONER ABSTAINED- PLANNING COMMISSIONER ABSENT: Z' 4- 't"7 IZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2018-00005 1763117"'STREET GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 22, 2018, 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 during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (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) 2018-00005 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. (1) 1.5 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) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.7 CUP-2018-00005 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 Resolution No. 4365 Page 5 conditions of approval. If the use is not operated in accordance with CUP- 2018-00005, 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 CUP. (1) 1.8 As a condition of approval of CUP-2018-00005, 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 the defense of any such action under this condition. (1) 1.9 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.10 Approved uses shall operate within all applicable State, County, and Tustin City Code. 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 CUP, as provided for the TCC. 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 on- site alcoholic beverage sales 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 gross annual sales receipts shall be provided to the Community Development Department 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 Resolution No. 4365 Page 6 (1) 2.2 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 the primary use of the site, the use permit shall be deemed null and void. (1) 2.3 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. A copy shall be provided to the City prior to operating the alcoholic sales. (1) 2.4 Approved uses shall comply with all applicable State, County and the TCC. 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 CUP. (1) 2.5 All restaurant seating is contained within the walls of the existing restaurant. No outdoor restaurant seating for the purpose of serving food or beverages to customers was considered as part of this project. Modifications to the seating area may be considered by the Community Development Director if it is determined that no impacts to the surrounding properties will occur. (1) 2.6 All managers and employees selling alcoholic beverages shall undergo and (7) 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. (1) 2.7 The applicant or an employee of the licensee must be present to monitor all areas of the establishment during all times that alcoholic beverages are being served or consumed. (1) 2.8 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. (1) 2.9 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. Resolution No. 4365 Page 7 (1) 2.10 All persons serving alcoholic beverages within a restaurant establishment must be eighteen (18) 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) 2.11 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) 2.12 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. (1) 2.13 Live entertainment shall be subject to the issuance of a live entertainment permit pursuant to TCC Chapter 2 Part 3, and shall comply with all of the standards contained therein. (1) 2.14 There shall be no special events sponsored by or involving an outside (7) 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) 2.15 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. (1) 2.16 There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (1) 2.17 Games or contest requiring or involving consumption of alcoholic beverages shall be prohibited. (1) 2.18 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 Tustin Police Department. (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. (7) 2.20 If requested by the Tustin Police Department, the business 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 Tustin Police Department. Electronic copies of videos shall be made available to the Tustin Police Department within forty-eight (48) hours of request. Digital Resolution No. 4365 Page 8 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) 2.21 The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, which have been approved by the Tustin 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. • 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. (1) 2.22 "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. (7) 2.23 There shall be no window coverings or advertisements that reduce the visibility inside of the business. Resolution No. 4365 Page 9 (7) 2.24 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.- (1) 2.25 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. (1) 2.26 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. (1) 2.27 As part of the State-required Organics Diversion Program, the applicant shall provide collection receptacles with the kitchen area, and contract haul service, for organic waste. (1) 2.28 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with TCC. FEES (1) 3.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall (5) 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.