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HomeMy WebLinkAboutZA 18-003 ZONING ADMINISTRATOR ACTION 18-003 CONDITIONAL USE PERMIT 2018-00010 DESIGN REVIEW 2018-00017 2463 PARK AVENUE (SUITE S001A) 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) 2018-00010 and Design Review (DR) 2018-00017 was filed by Raj Kumar Sa_nsi of Delicasy .LLC., requesting authorization for on-site general alcoholic beverage sales (ABC License Type 47) in conjunction with a bona fide restaurant (The Yellow Chilli), expansion of outdoor restaurant seating and remodel of an existing 2,939 square feet tenant space located at 2463 Park Avenue (Suite S001A). B. That the proposed use is consistent with the Tustin General Plan in that the property is designated as "Tustin Legacy Specific Plan" which provides for the establishment of commercial uses. In addition, :the project has been reviewed for consistency with the Air Quality Sub-Element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-Element. C. That pursuant to Tustin Legacy Specific Plan Section 3.14.3, alcoholic beverage sales establishments are conditionally permitted uses within the Tustin Legacy Specific Plan (SP1) Planning Areas 16-19, and subject to the provisions contained within TCC Section 9271(dd). That pursuant to TCC 9277e(1), design review approval is required for an expansion of outdoor restaurant seating areas. D. That pursuant to TCC Sections 9299b(3)(g) and 9277e(1), and 9299b the. Zoning Administrator has the authority to consider requests for on-site alcoholic beverage sales licenses for restaurants and design review for expansion to outdoor restaurant seating. E. That a public hearing was duly called, noticed, and held for CUP-2018.00010 and DR-2018-00017 on July 23, 2018, by the Zoning Administrator. F. 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 on-site alcoholic beverages in conjunction with a new 2,939 square feet restaurant use is allowed within SP1 with the approval of a CUP. Zoning Administrator Action 18-003 CUP-2018-00010 & DR-2018-00017 Page 2 2) Pursuant to TCC Section 9271(dd), bona fide restaurants with on-site alcoholic beverage sales are exempt from distance separation requirements to sensitive uses and other alcoholic beverage sales establishments. 3) As conditioned, the proposed on-site consumption of alcoholic beverages 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 consistent with the proposed guidelines in Planning Commission Resolution No. 4360, subject to City Council adoption of Ordinance No. 1493, establishing new alcoholic beverage sales establishment guidelines. 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 Tustin Legacy Specific Plan zoning district Planning Areas 16-19, which allows for retail and service commercial uses. 7) The proposed patio expansion is a minor change to an existing outdoor restaurant seating area and can be accommodated by the existing available parking. 8) The Tustin Police Department has reviewed the application and has no immediate concerns. G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 11. The Zoning Administrator hereby approves CUP-2018-00010 and DR-2018-00017 authorizing an ABC Type 47 License for the sale of alcoholic beverages (beer, wine and distilled spirits) for on-site consumption in conjunction with a 2,939 square foot restaurant (The Yellow Chilli), remodel of an existing tenant space and 176 square feet expansion of outdoor restaurant seating area located at 2463 Park Avenue (Suite S001A), subject to the conditions contained within Exhibit A, attached hereto. Zoning Administrator Action 18-003 CUP-2018-00010 & DR-2018-00017 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 23rd day of July, 2018. ELIZABETH A. BINSACK ZONING ADMINISTRATOR VER XYI�CARffW RECORDING SECRETARY STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TU TIN 1, VERA TISCARENO, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California- that Zoning Administrator Action No. 18-003 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 23rd day of Judy, 2018. VERA f%CAktNd,\" RECORDING SECRETARY' i i EXHIBIT A j ZONING ADMINISTRATOR ACTION 18-003 CONDITIONAL USE PERMIT 2018-00010 DESIGN REVIEW 2018-00017 CONDITIONS OF APPROVAL 2463 PARK AVENUE (SUITE S001A) GENERAL (1} 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped July 23, 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. (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) 2018-00010 and Design Review (DR) 2018-00017 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 The applicant shall sign and return an "Agreement to Conditions Imposed" form provided by the Community Development Department which states that the property owner, applicant, operator, and/or tenant agrees to comply with all conditions imposed by the City of Tustin. Failure to comply with conditions of approval, or if the establishment creates undue burden to City resources, or if 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 j i Zoning Administrator Action 18-003 Exhibit A Page 2 is abandoned for a twelve (12) month period : or more, these circumstances shall be grounds for revocation of the Conditional Use Permit. Any change 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 Violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.7 As a condition of approval of CUP-2018-00010 and DR-2018-00017, 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) 1.8 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) 1.9 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 Conditional Use Permit, as provided for the Tustin City Code. DESIGN REVIEW (4) 2.1 A total of 786 square feet of outdoor seating area is approved. The expansion to the outdoor restaurant seating area shall match the paving and railing design and material of the existing outdoor seating area. Any modification to the outdoor seating area requires prior approval of the Community Development Director. i I i i 1 Zoning Administrator Action 18-003 Exhibit A Page 3 (1) 2.2 Prior to final building permit inspection, the landscape area south of the proposed outdoor dining area shall be restored and replanted to be compatible with existing surrounding landscape planters and subject to Planning inspection. (1) 2.3 Prior to issuance of a:sign permit and sign installation, tenant identification signage shall be consistent with the approved Master Sign Plan for The District at Tustin Legacy and shall be reviewed and approved by the Community Development Department. USE RESTRICTIONS (1) 3.1 The Conditional Use Permit may be reviewed and/or inspected 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 the 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. (1) 3.2 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. At such time the use is discontinued or no longer the primary use of the site, the CUP shall be deemed null and void. This approval authorizes alcoholic beverage sales (Type 47 ABC License — On-site General) in conjunction with a bona fide public eating place. Any changes to the ABC License shall be reviewed and approved by the Community Development Director. (1) 3.3 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. (1) 3.4 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) 3.5 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. Zoning Administrator Action 18-003 Exhibit A Page 4 I (1) 3.6 The menu of the restaurant shall consist of foods that are prepared on the premises. (1) 3.7 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) 3.8 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) 3.9 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. (1) 3.10 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. (1) 3.11 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 Police Department. Electronic copies of videos shall be made available to the Police Department within forty-eight (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. (1) 3.12 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. (1) 3.13 All litter shall be removed from. the exterior areas around the premises including adjacent to public sidewalk area and parking areas, no less frequently than once each day that the business is open. " f Zoning Administrator Action 15-003 Exhibit A ! Page 5 j (1) 3.14 No sexually oriented businesses shall be conducted. on the premises without approval by the City in accordance with the Tustin City Code. (1) 3.15 All on-site signs, including permanent and temporary signs/banners, shall comply with the City of Tustin Sign Code and the following: a. There shall be no advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. There shall be no interior displays of alcoholic beverages or signs that are clearly visible to the exterior. b. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) percent of window coverage. c. Signs stating "NO ALCOHOLIC BEVERAGES BEYOND THIS POINT" shall be posted in a conspicuous space at all entrances/exits of the premises. (1) 3.16 The business may operate until 2:00 a.m. unless otherwise restricted by the Zoning Administrator. If there is a marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase may be determined by the Chief of Police, the applicant may be required to provide state-licensed, uniformed security guards at a number determined by the Chief of Police. Additional restrictions on business hours that do not conflict with the conditions contained herein may be imposed by the property owner. (1) 3.17 Food must be served whenever the privileges of the on-sale license are being exercised. (1) 3.18 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 functions as a food and beverage service area. (1) 3.19 There shall be no requirement for patrons to purchase a minimum number of alcoholic beverages. (1) 3.20 Games or contest requiring or involving consumption of alcoholic beverages shall be prohibited. (1) 3.21 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. i " Zoning Administrator Action 18-003 Exhibit A Page 6 (1) 3.22 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) 3.23 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 and addresses, at a minimum, the following items: a. 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 be kept current and accurate. b. Procedures for handling obviously intoxicated persons. c. 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. d. 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). e. Procedures for verifying the age of patrons for purposes of alcohol sales. f. 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. g. Procedures for calling the police regarding observed or reported criminal activity. h. Procedures for management of queuing lines. L The location and description of any video games proposed to be on the premises. (1) 3.24 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. (1) 3.25 Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling i Zoning Administrator Action 98-003 Exhibit A Page 7 for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. (1) 3.26 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) years of age and older. (1) 3.27 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) 3.28 As part of the State-required Organics Diversion Program, the applicant shall provide collection receptacles within the kitchen area and contract haul service for organic waste. The applicant shall provide for a 35-gallon, 60-gallon or 2-cubic yard organic waste collection receptacle. (1) 3.29 There shall be no window coverings or advertisements that reduce the visibility inside of the business. (1) 3.30 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. PLANCHECK SUBMITTAL (1) 4.1 At the time of building or encroachment 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. (1) 4.2 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). 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 sixty-five (65) percent of the project waste material or the amount required by the California Green Building Standards Code. Prior to issuance of any permit, the applicant shall submit a 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. I Zoning Administrator Action 18-003 Exhibit A Page 8 FEES (1, 5) 5.1 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 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. E