HomeMy WebLinkAbout01 ZA REPORT CUP 2018-00012 ZAMA TEA •
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AGENDA REPORT ITEM #1
MEETING DATE: OCTOBER 16, 2018
TO: ZONING ADMINISTRATOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 2018-00012
APPLICANT: PROPERTY OWNER:
LEANNE & CARLOS HERRERA MARGARET POTTENGER
ZAMA TEA P. O. BOX 1946
434 EL CAMINO REAL TUSTIN, CA 92782
TUSTIN, CA 92780
LOCATION: 434 EL CAMINO REAL
GENERAL PLAN: DCCSP (DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN)
ZONING: SP-12 (DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN —DCCSP)
DEVELOPMENT AREA 4-- OLD TOWN (OT), CULTURAL RESOURCES
(CR) OVERLAY DISTRICT
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION
15301, CLASS 1 .
REQUEST: A REQUEST TO ESTABLISH AN ALCOHOLIC BEVERAGE SALES
(ABC) ESTABLISHMENT IN CONJUNCTION WITH AN EXISTING
DELICATESSEN/CAFE AT 434 EL CAMINO REAL
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Zoning Administrator
October 16, 2018
CUP-2018-00012
Page 2
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 18-006
approving Conditional Use Permit (CUP) 2018-00012 to authorize on-site beer and wine
sales (ABC License Type 41) in conjunction with a delicatessenlcaf6 and existing
outdoor seating area at 434 EI Camino Real.
APPROVAL AUTHORITY
Pursuant to the DCCSP, on-site alcoholic beverage sales are conditionally permitted
within the Old Town (OT) land use designation. Tustin City Code (TCC) Section 9271dd
authorizes the Zoning Administrator to approve a CUP for the sale of alcoholic
beverages for on-site consumption.
BACKGROUND
Site and Surrounding Properties
The property is located within the DCCSP, Development Area 4 - Old Town (OT) land use
designation, and the Cultural Resource (CR) Overlay, which allows for a variety
commercial uses, including delicatessen/cafes. The General Plan land use designation is
DCCSP. Surrounding properties are also located within the DCCSP (OT) land use
designation and lie within the DCCSP (OT) and the CR Overlay. (Figure 1). The subject
property is located on an approximate 5,920 square-foot lot and improved with a 1,200
square-foot historic structure. All uses surrounding the project are zoned DCCSP.
DCCSP(OT), DCCSP(OT) — DccsP(OT) a I.
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PROTECT LOCATION
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Figure 1: Zoning Map
Previous Entitlements
Zoning Administrator
October 16, 2018
CUP-2018-00012
Page 3
The historic structure was rehabilitated in 2015-16 (DR 2015-003) following a fire that
damaged approximately 80% of the building. On August 23, 2018, the Community
Development Department approved outdoor seating and a modification to add two (2)
additional parking spaces to an existing Old Town Parking Exception Agreement to
accommodate the outdoor seating area on the property (DR-2018-00021). The total
parking required for the indoor and outdoor uses is seven (7) spaces which is provided
through the First Amendment of Old Town Parking Exception Agreement recorded with
the County Recorder on September 10, 2018. No further analysis regarding parking is
required in conjunction with this request for alcoholic beverages sales as the proposed
use, in and of itself, does not require additional parking.
DISCUSSION
Project Summary
The applicant is requesting authorization for on-site alcoholic beverage sales for beer
and wine (ABC License Type 41) in conjunction with a delicatessen/ cafe and retail tea
store located in a single-tenant building of approximately 1,200 square feet, as shown in
the submitted plans. The delicatessen/cafe and retail store includes an interior seating
area of approximately 175 square feet with eighteen (18) seats (Figure 2) and an
outdoor seating area of approximately 584 square feet with twenty-six (26) seats (Figure
3).
RESTROOM rr
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BAR AREA
INDOOR SEATING
'"' ® @ � "' RETAIL
KITCHEN /STORAGE
Figure 2: Floor Plan
Zoning Administrator
October 16, 2018
CUP-2018-00012
Page 4
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Figure 3: Site Plan
Alcoholic Beverage Sales
The sale of alcoholic beverages for on-site consumption can be authorized in conjunction
with a delicatessen/cafe use in conformance with the City's Alcoholic Beverage Sales
Establishment Guidelines as adopted by the Planning Commission on March 13, 2018,
TCC Section 9252j3(c), and 9271 dd (as amended by City Council on September 4, 2018
by Ordinance 1493) and is a conditionally permitted use under the DCCSP.
Pursuant to TCC Section 9252j3(c), a delicatessen use is defined as "a small market or
deli selling ready-to-eat foods, including but not limited to, cold cooked meats, sandwiches
and salads." The gross annual sales of food must exceed the sale of alcohol. As
proposed, the existing delicatessen/cafe at 434 EI Camino Real is consistent with the
definition of a delicatessen and includes retail sale and service of tea, kombucha,
sandwiches. soups and salads. Approximately 15% percent of the interior area would be
used for food and alcoholic beverages consumption (Figure 3) between the hours of 8:00
a.m. to 10:00 p.m. These hours are consistent with the characteristics of other
commercial uses in the vicinity and with outdoor seating requirements detailed in TCC
Section 9277. Hours of sales of alcoholic beverages would be limited to the hours when
food is available. Operation of an outdoor restaurant seating area, as previously
approved, is permitted only at such times as the main delicatessen/cafe use is open.
Proposed Conditions 2.4 and 2.8 of ZAA No. 18-006 require food to be prepared on the
premises and available during all hours of operation.
Zoning Administrator
October 16, 2018
CUP-2018-00012
Page 5
FINDINGS
In determining whether to approve the CUP for on-site alcoholic beverage sales, the
Zoning Administrator must determine whether or not the proposed use will 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. A
decision to approve this request may be supported by the following findings:
1. That the operational characteristics and features of the establishment, such as
the hours of operation and outdoor dining, are appropriate for the location and
type of use proposed in relation to surrounding areas and other similar uses
serving alcoholic beverages.
2. That the proposed establishment is not located within an over-concentrated area,
a high crime area, and/or an area that is not conducive to the sales of alcoholic
beverages as determined by the City of Tustin.
3. Pursuant to DCCSP (OT) Commercial Permitted Use Table 3.1 , alcoholic
beverage sales for on-site consumption is allowed with approval of a CUP.
4. As conditioned, the proposed on-site consumption of beer and wine is consistent
with the Alcoholic Beverage Sales Establishment Guidelines as adopted by the
Planning Commission on March 13, 2018.
5. The proposed on-site consumption of alcoholic beverages would be in
conjunction with a delicatessen/cafe use where food will be served at all times
when alcoholic beverages are served.
6. The delicatessen/cafe is located within a commercial building on EI Camino Real,
a commercial corridor, where a variety of commercial uses are located. The
requested daily hours of operation between 8:00 a.m. to 10:00 p.m. are
consistent with the characteristics of other commercial uses in the vicinity.
7. As conditioned, the use may be reviewed annually or more often and if the use is
not operated in accordance with conditions of approval, the Community
Development Department Director may impose additional conditions as deemed
necessary.
8. As conditioned, the applicants are required to comply with State Department of
Alcoholic Beverage Control regulations.
Zoning Administrator
October 16, 2018
CUP-2018-00012
Page 6
9. The City's Police Department has reviewed the application and has no immediate
concerns.
Elaine Dove, AICP, RLA
Senior Planner
Attachments:
A. Location Map
B. Land Use Application Fact Sheet
C. Submitted Plans
D. ZAA 18006
ATTACHMENT A
LOCATION MAP
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Location Map
434 El Camino Real, Tustin CA 92780
ATTACHMENT B
LAND USE APPLICATION FACT SHEET
LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): CUP-2018-00012
2. LOCATION: West side of EI Camino Real south of Main Street
3. ADDRESS: 434 EL CAMINO REAL
4. APN(S): 401-622-08
5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: DR 2015-003 (CERTIFICATE OF
OCCUPANCY ISSUED 11/7112); DR 2018-00021
6, SURROUNDING LAND USES:
NORTH: VACANT COMMERCIAL SOUTH: SINGLE FAMILY RESIDENTIAL
EAST: COMMERCIAL WEST: PARKING STRUCTURE
7. SURROUNDING ZONING DESIGNATION:
NORTH, SOUTH, EAST, WEST: DCCSP: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN
8. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH, SOUTH, EAST, WEST: DCCSP (DOWNTOWN_COMMERCIAL CORE SPECIFIC PLAN)
9. SITE LAND USE:
A. EXISTING: DELICATESSEN/CAFE WITH OUTDOOR SEATING
B. PROPOSED: DELICATESSEN/ CAFE WITH OUTDOOR SEATING &ALCOHOLIC
BEVERAGE SALES
C. GENERAL PLAN: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN
PROPOSED GP: SAME
D. ZONING: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN
PROPOSED ZONING: SAME
DEVELOPMENT FACTS: NO CHANGE TO EXISTING DEVELOPMENT
10. LOT AREA: 5,920 SQUARE FEET APPROX.
11. PARKING: PARKING EXCEPTION PROGRAM AGREEMENT (FIRST AMENDMENT - 7
SPACES)
12. TENANT IMPROVEMENTS: NO TENANT IMPROVEMENTS PROPOSED
ATTACHMENT C
SUBMITTED PLANS
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ATTACHMENT D
ZAA 18-006
ZONING ADMINISTRATOR ACTION 18-006
CONDITIONAL USE PERMIT 2018-00012
434 EL CAMINO REAL
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) 2018-00012 was filed
by Leanne and Carlos Herrera of Zama Tea, requesting authorization for on-site
alcoholic beverage sales for beer and wine (ABC License Type 41) in conjunction
with a delicatessen/cafe located in a 1 ,200 square foot tenant space with
approximately 584 square feet of outdoor seating area on property located at
434 EI Camino Real.
B. The project site is located within the Downtown Commercial Core Specific Plan
(DCCSP), Development Area 4 - Old Town (OT) land use designation, which
provides for a variety of commercial uses, and is located within the Cultural
Resources (CR) Overlay District. Concurrent with the adoption of the DCCSP, the
City of Tustin General Plan was amended to update the Land Use Map to
redesignate land uses within the Specific Plan area to "DCCSP-Downtown
Commercial Core Specific Plan". In addition, the project has been reviewed for
consistency with the Environmental Impact Report prepared for the DCCSP and is
determined to be consistent with the Air Quality analysis contained therein.
C. The proposed sale of on-site alcoholic beverages in conjunction with an existing
delicatessen/cafe use is allowed within the DCCSP (OT) land use designation with
the approval of a CUP pursuant to DCCSP Section 3.1, Table 3.1. The
characteristics of the proposed use and hours of operation will be complimentary
to other commercial uses in the vicinity.
D. That a public hearing was duly called, noticed, and held for CUP 2018-00012 on
October 16, 2018, by the Zoning Administrator.
E. That the establishment, maintenance and operation of selling alcoholic beverages
for on- or off-site consumption or ancillary uses related thereto will not be
detrimental to the health, safety, 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) That the operational characteristics and features of the establishment such
as the hours of operation and outdoor dining, are appropriate for the location
and type of use proposed in relation to surrounding areas and other similar
uses serving alcoholic beverages.
Zoning Administrator Action 18-006
CUP 2018-00012
Page 2
2) That the proposed establishment is not located within an over-concentrated
area, a high crime area, and/or an area that is not conducive to the sales of
alcoholic beverages as determined by the City of Tustin.
3) Pursuant to the DCCSP (OST) Commercial Permitted Use Table 3.1 ,
alcoholic beverage sales for on-site consumption is allowed with approval
of a CUP.
4) As conditioned, the proposed on-site consumption of beer and wine is
consistent with the Alcoholic Beverage Sales Establishment Guidelines
adopted by the Planning Commission on March 13, 2018.
5) The proposed on-site consumption of alcoholic beverages would be in
conjunction with a delicatessen/cafe use where food will be served at all
times when alcoholic beverages are served.
6) The delicatessen/cafe is located within a commercial building on El Camino
Real, a commercial corridor, where a variety commercial uses are located.
The requested daily hours of operation between 8:00 a.m. to 10:00 p.m. are
consistent with the characteristics of other commercial uses in the vicinity.
7) As conditioned, the use may be reviewed annually or more often and if the
use is not operated in accordance with conditions of approval, the
Community Development Department Director may impose additional
conditions as deemed necessary.
8) As conditioned, the applicants would be required to comply with State
Department of Alcoholic Beverage Control Regulations.
9) The City's Police Department has reviewed the application and has no
immediate concerns.
F. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the
California Code of Regulations (Guidelines forthe California Environmental Quality
Act).
Il. The Zoning Administrator hereby approves CUP 2018-00012 authorizing an ABC Type
41 License (beer and wine)for the sale of alcoholic beverages for on-site consumption
in conjunction with a 1 ,200 square-foot restaurant (Zama Tea) and 584 square-foot
outdoor seating area on property located at 434 EI Camino Real, subject to the
conditions contained within Exhibit A, attached hereto.
Zoning Administrator Action 18-006
CUP 2018-00012
Page 3
PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular
meeting on the 161h day of October, 2018.
ELIZABETH A. BINSACK
ZONING ADMINISTRATOR
VERA TISCARENO
RECORDING SECRETARY
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, 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. 18-006 passed and adopted at a regular meeting of the Tustin Zoning Administrator,
held on the 16th day of October, 2018.
VERA TISCARENO
RECORDING SECRETARY
Zoning Administrator Action 18-006
CUP 2018-00012
Page 4
EXHIBIT A
ZONING ADMINISTRATOR ACTION 18-006
CONDITIONAL USE PERMIT 2018-00012
CONDITIONS OF APPROVAL
434 EL CAMINO REAL
GENERAL
(1) 1.1 The proposed use shall substantially conform with the submitted plans for
the project date stamped October 16, 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 (TCC) and other applicable codes.
(1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with prior to the issuance of any building permits for the project,
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) 2018-00012 is contingent upon
the applicant and property owner signing and returning to the Community
Development Department a notarized "Agreement to Conditions Imposed",
which states that the property owner, applicant, operator, and/or tenant
agrees to comply with all conditions imposed by the City of Tustin, 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 CUP.
Zoning Administrator Action 18-006
CUP 2018-00012
Page 5
(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-2018-00012 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 CUP-
2018-00012, 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-2018-00012, 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 TCC.
Any violations of the regulations of the Department of Alcoholic Beverage
Control as they pertain to the subject location, or of the City, as they relate
to the sale of alcoholic beverages, may result in the revocation of the subject
CUP, as provided for the TCC.
Zoning Administrator Action 18-006
CUP 2018-00012
Page 6
USE RESTRICTIONS
(1) 2.1 This approval authorizes a Type 41 ABC License (on-site beer and wine
sales) in conjunction with a bona fide public eating place. The proposed
on-site consumption of beer and wine must be consistent with the ABC
requirements. Any changes to the ABC License shall be reviewed and
approved by the Community Development Director.
(1) 2.2 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
and shall be supervised at all times by an employee of the restaurant. 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.
(1) 2.3 Authorization for on-site sales of alcohol in conjunction with the proposed
primary use as a delicatessen/cafe is contingent upon the primary use as
a delicatessen/cafe remaining at the subject site. At such time as the
primary use is discontinued or no longer the primary use of the site, the
use permit shall be deemed null and void.
(1) 2.4 Business hours are limited to the following:
Monday — Sunday 8:00 a,m. to 10:00 p.m.
Hours of sales of alcoholic beverages shall be limited to the hours when
food is available. Operation of an outdoor delicatessen/cafe seating area
shall be permitted only at such times as the main restaurant use is open,
(1) 2.5 Food must be served whenever the privileges of the on-sale license are
being exercised. Food service shall be available until one (1) hour before
closing.
(1) 2.6 The applicant shall obtain the appropriate license from the State
Department of ABC for the type of alcoholic sales authorized for the site. A
copy shall be provided to the City prior to operating the alcoholic sales.
Zoning Administrator Action 18-006
CUP 2018-00012
Page 7
(1) 2.7 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.
(1) 2.8 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) 2.9 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) 2.10 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.
(1) 2.11 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) 2.12 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) 2.13 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 food and beverage service bar or lounge area.
(1) 2.14 live entertainment shall be subject to the issuance of a live entertainment
(7) permit pursuant to TCC Chapter 2 Part 3, and shall comply with all of the
standards contained therein.
Zoning Administrator Action 18-006
CUP 2018-00012
Page 8
(1) 2.15 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) 2.16 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) 2.17 There shall be no requirement for patrons to purchase a minimum number
of alcoholic drinks.
(1) 2.18 Games or contest requiring or involving consumption of alcoholic
beverages shall be prohibited.
(1) 2.19 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.
(7) 2.20 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.
(7) 2.21 If requested by the Tustin Police Department, 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 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.
Zoning Administrator Action 18-006
CUP 2018-00012
Page 9
(1) 2.22 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 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.
(7) 2.23 "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) 2.24 There shall be no window coverings or advertisements that reduce the
visibility inside of the business.
Zoning Administrator Action 18-006
CUP 2018-00012
Page 10
(1) 2.25 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) 2.26 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) 2.27 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) 2.28 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.
(1) 2.29 No sexually oriented businesses shall be conducted on the premises
without approval by the City in accordance with the TCC.
FEES
(1) 3.1 Within forty-eight (48) hours of approval of the subject project, the applicant
(5) 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.