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HomeMy WebLinkAbout03-08-99 PC PACKET AGENDA TUSTIN PLANNING COMMISSION REGULAR MEETING MARCH 8, 1999 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Browne ; INVOCATION: Commissioner Kozak ROLL CALL: Chairperson Pontious, Browne, Davert, Kozak PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) At this time members of the public may address -the Commission regarding any items not on the -agenda and within the subject matter jurisdiction of the Commission (NO action can be taken off-agenda items unless authorized by law). IF YOU WISH TO ADDRESS THE COMMISSION ON ANY MATTER, PLEASE FILL OUT ONE OF THE - CARDS LOCATED ON THE SPEAKER'S TABLE SO THAT YOUR REMARKS ON THE TAPE RECORDING OF THE MEETING CAN BE ATTRIBUTED TO YOU. WHEN YOU START TO ADDRESS THE COMMISSION, PLEASE STATE YOUR FULL NAME AND ADDRESS FOR THE RECORD. IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE PLANNING COMMISSION SECRETARY AT (714) 573-3106. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ... ACTION.) Planning Commission Agenda March 8, 1999 Page 2 CONSENT CALENDAR: 1. Minutes of the February 22. 1999 Planning Commission Meeting. 2. Conditional Use Permit 98-029 a request for authorization of on-site sale of alcoholic beverages (ABC License Type 47) in conjunction with a new restaurant. The project is located at 14931 Red Hill Avenue within the Retail Commercial (C-1, 10,000) zoning district. APPLICANT/ PROPERTY OWNER: LARRY SMITH RED HILL RESTAURANT, INC. Recommendation That the Planning Commission adopt Resolution No. 3655 approving Conditional Use Permit 98-029, as conditioned. If conditions are modified, staff may alter the recommended action. PUBLIC HEARINGS: 3. Above Ground Cabinets Design Guidelines and Ordinance The purpose of these guidelines is to regulate the placement and design of above ground cabinets in conjunction with any City permitted use of the public right-of-way. These guidelines are intended to reduce the potential for negative environmental impacts of above ground cabinets on the community and to protect the health, safety and/or welfare of the citizens of Tustin. Recommendation That the Planning Commission adopt Resolution No. 3652 recommending that the City Council approve the Above Ground Cabinet Design Guidelines and Ordinance No. 1213. Presentation:Justina Willkom, Associate Planner REGULAR BUSINESS: STAFF CONCERNS: 4. Report on Actions taken at the March 1 1999 Cify Council Meeting Presentation: Karen Peterson, Acting Senior Planner 'f c COMMISSION CONCERNS: Planning-Commission Agenda March 8; 1999 Page 3 Y ADJOURNMENT: A regular meeting of the Planning Commission will be held on March 22, 1999 beginning at'7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. i ITEM #1 MINUTES TUSTIN PLANNING COMMISSION i REGULAR MEETING FEBRUARY 22, 1999 CALL TO ORDER: 7:02 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Jones INVOCATION: Commissioner Davert ROLL CALL: Chairperson Pontious, Browne, Davert, Jones, Kozak Commissioners: Present: Chairperson Pontious Kozak Browne Davert .Jones Absent: None Staff: Elizabeth A. Binsack, Director Omar Sandoval, Deputy City Attorney Karen Peterson, Acting Senior Planner Douglas Anderson, Traffic Engineer Justina Willkom, Associate Planner Lori Ludi, Associate Planner Bradley Evanson, Assistant Planner Kathy Martin, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) No Public Concerns were expressed. IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE PLANNING COMMISSION SECRETARY AT (714) 573-3106. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE:,. NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF Planning Commission Minutes February 22, 1999 Page 2 THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) CONSENT CALENDAR: 1. Minutes of the February 8, 1999 Planning Commission Meeting.. Commissioner Davert moved, Commissioner Browne seconded, to approve the Consent Calendar. Motion carried 4-0. Chairperson Pontious abstained. PUBLIC HEARINGS: 2. Conditional' Use Permit 98-007 and Design Review 98-007 a request to construct a 1,472 square foot drive-through oil change facility with three work bays and indoor/outdoor waiting areas. The project is located at 12972 Newport Avenue.within the Retail Commercial District (C-1) zoning district. APPLICANT: EZ Lube Michael J. Dobson PROPERTY OWNER: KC/OB Partners, LLC Tim O'Brien Recommendation That the Planning Commission continue the'public hearing for this project until March 22, 1999. The Public Hearing opened at 7:03 p.m. - The Director:-indicated that staff is working with the applicant to review their revised site plan and traffic analysis and asked the Commission to continue the hearing to, the March 22, 1999 meeting. The Public Hearing closed at 7:03 p.m. Commissioner Davert moved, Commissioner Jones seconded, to continue the hearing to the March 22, 1999 Planning Commission meeting. Motion carried 5-0. 3. General. Plan Amendment 99-001 and Zone Change 99-001 a request. to' amend the General Plan Land Use Designation for. an 8,923 square foot abandoned Caltransparcel from Transportation to High Density Residential and Planning Commission Minutes February 22, 1999 Page 3 amend the zoning district from Unclassified (U) to Planned Development (PD). The project is located at 15500 Tustin Village Way within the Unclassified (U) zoning district. APPLICANT/ MR. ELMER TIEDJE PROPERTY TUSTIN VILLAGE WAY COMMUNITY OWNER: ASSOCIATION Recommendation 1. That the Planning Commission adopt Resolution No. 3653 recommending that the City Council certify as adequate the Negative Declaration for General Plan Amendment 99-001 and Zone Change 99-001; and, 2. That the Planning Commission adopt Resolution No. 3654 recommending that the City Council approve General Plan Amendment 99-001 and Zone Change 99-001. The Public Hearing opened at 7:05 p.m. Bradley Evanson presented the subject report. Commissioner Davert inquired if there was any indication that the property owner proposed additional development in the future. Bradley Evanson stated that the conceptual site plan shows only on-street parking and landscaping and they have no intention of proposing any units. Commissioner Jones asked if there would be any structures associated with the parking . proposed. Bradley Evanson responded that structures were not identified in the submitted conceptual plan. Commissioner Davert noted the high density in this neighborhood and did not wish to allow additional development. The Director noted that,if the property owner were to request additional units and could support the units by providing appropriate setbacks and parking spaces; the City may be obliged to approve the request. The Director noted the likelihood of that occurring on this site is minimal. Commissioner Jones noted that the current density is significantly below what could be constructed. The Director confirmed Commissioner Jones' statement. Planning Commission Minutes February 22, 1999 Page 4 Chairperson Pontious noted that the parcel did not have street frontage making it difficult to use for more than landscaping. Bradley Evanson confirmed that the parcel does not have street frontage. The parcel is behind an adjacent mobilehome park and is an oddly shaped parcel due to Caltrans reconfiguration. Commissioner Jones noted that the access road could be realigned. Chairperson Pontious noted her concern that the area could become a gathering area without proper lighting and visual access. The Director noted that all development applications are routed to the Police Department for their review-to ensure that there are no indefensible areas and the City's codes require one foot candle security lighting. Elmer Tledje, applicant, stated that the request is only for landscaping a play area and no parking is intended on the parcel. The Public Hearing closed at 7:10 p.m. Commissioner_ ®avert moved, Commissioner Browne seconded, to adopt Resolution No. 3653 recommending that the City Council certify as adequate the Negative Declaration for General Plan Amendment 99-001 and Zone Change 99- 001. Motion carried 5-0. Commissioner Davert moved, Commissioner Browne seconded, to adopt 'Resolution No. 3654. recommending that the City Council approve General Plan Amendment 99-001 and Zone Change 99-001. Motion carried 5-0. 4. Conditional Use Permit 98-031 a request for the on-site sale of beer and wine (ABC License Type "41") for on-site consumption in conjunction with a new restaurant. The project is located at 658 EI Camino Real within the C-2, P Central Commercial District, Parking Overlay District. APPLICANT: AKIRA TAKASH10 HONDAYA CORPORATION PROPERTY WILLIAM ZAPPAS 4 OWNER: EL CAMINO PLAZA Recommendation That the Planning Commission adopt Resolution `No. 3658 approving Conditional Use Permit 98-031. Planning Commission Minutes February 22, 1999 Page 5 The Public Hearing opened at 7:11 p.m. Justina Willkom presented the subject report. Commissioner Davert asked if this is a relocating business or a new business. Justina Willkom replied that this is a new business and the applicant currently has the Honda Ya restaurant at the Jamestown Plaza. The Public Hearing closed at 7:12 p.m. Commissioner Jones moved Commissioner Kozak seconded, to adopt Resolution No..3658 approving Conditional Use Permit 98-031. Motion carried 5- 0. 5. Conditional Use Permit 98-029 a request for the on-site sale of alcoholic beverages (ABC License Type "47") in conjunction,with a new restaurant. The P project is located at 14131 Red Hill Avenue within the Retail Commercial (C-1; j 10,000)zoning district. APPLICANT/ PROPERTY OWNER: LARRY SMITH RED HILL RESTAURANT, INC. Recommendation That the PIanning Commission adopt Resolution No. 3655 approving Conditional Use Permit 98-029. The Public Hearing opened at 7:13 p.m. Lori Ludi presented the subject report. The Director noted for the record that the applicant submitted a menu, petition and photos for the Commission's review. •Michael Cho, attorney for applicant, noted that they met with City staff and they have agreed to disagree with staff. He indicated that the conditions were burdensome to the i applicant, specifically conditions 1.4, 1.8, 2.1, 2.3, 2.7, 2.10, 2.1.3, 2.1.4 related to operating hours, seating at the bars, allowing patrons to take partially-consumed wine home, accounting for audited statements, food being offered during :all business hours, allowing pool tables and video games and closure of dining rooms when not needed. Planning Commission Minutes February 22, 1999 Page 6 Commissioner Jones asked staff if a type 47 license allows recorked bottles to be carried. out. The Director responded that Lori Ludi spoke to the Department of Alcoholic Beverage Control (ABC) who indicated that a type 47 license does not allow recorked bottles to be carried out. Omar Sandoval, Deputy City Attorney, stated that he is not familiar with the business and professions code but the City has the ability to regulate off-site consumption regardless of - ABC regulations. Michael Cho, attorney for applicant, stated that he believed the ABC code states a -recorked bottle is considered closed. The Director stated that staff would research the issue if the Planning Commission wishes to allow the carryout of recorked bottles. Commissioner'Jones asked staff the rationale for not allowing bar seating. The Director responded that staff s concerns relate to the two functions of the establishment as that of a bar and a restaurant. As a bar or lounge, the establishment would not be permitted at this location and, based on the operational characteristics, will become a full-fledged bar. City staff has Planning Commission guidelines which identify what should be allowed and not allowed in restaurants with on-site consumption of alcoholic beverages. She further stated that she believed that, at that time, the Planning Commission did not wish restaurants to be converted into bars.- Staff does not feel strongly about the condition and if the Planning Commission wished to allow bar seating, they should direct staff to modify the guidelines. Commissioner Jones asked if the Lone Star Steakhouse was considered a separate bar. The Director responded that the bar is considered an ancillary use to the full-fledged restaurant. Commissioner Jones noted that the applicant's concern with Condition 2.4 is unfounded because it does not disallow the closure of the upper dining level. Commissioner Kozak noted that the conditions of.approval are consistent with the guidelines and compared the conditions to those in Item #4, Conditional Use Permit 98- 031. He inquired if site improvements could be conditioned for the trash enclosure and landscaping. Chairperson Pontious stated that there are negative constraints imposed by the configuration of the building and will make it hard to use the site. Commissioner Davert noted that the site has been vacant for a long time and the City is looking forward to someone investing in the site, with the establishment of a quality Planning Commission Minutes February 22, 1999 Page 7 project. He further stated that this area is very sensitive and is borderline blighted. He noted that he concurs with the applicant on Condition 1.4 and does not have a problem, with patrons being able to take home partially-consumed bottles of wine. Commissioner Kozak noted that he wished to see enforcement and ABC guidelines referenced in Condition 1.4. The Director stated that,the Planning Commission always.has the ability to revoke the permit. Commissioner Browne noted his approval of the changed condition subject to obtaining ABC clarification. Condition 1.8. Commissioner Davert stated that he understands the applicant's desire to be able to discount or give away food but the sales figures and the financial statements need to be audited. Commissioner Kozak suggested minor modifications in the language of Condition 1.8 to read "audited financial statements .and schedules" and noted there are generally accepted accounting principles to allow separation of the revenues. The Director.stated that if the establishment is truly a restaurant, food sales should be higher than alcoholic beverage sales. Commissioner Jones.noted that the calculation should:be receipt based. The Commission supported Condition 1.8 with lCommissioner Kozak's additional language. Condition 2.3 Commissioner Davert stated that food needs to be available during the hours the restaurant is open. Chairperson Pontious noted that there could be a supplemental menu for later hours. Michael Cho, attorney for applicant, noted that the applicant could work with the provision of a reduced evening menu. a Commissioner Jones noted that the words "full" could be deleted from Condition 2.3. Chairperson Pontious suggested that "one hour prior to closing" be deleted. Commissioner Browne asked for clarification on table service opposedto bar service. Planning Commission Minutes February 22, 1999 Page 8 Commissioner Davert asked if the applicant intended to have wait staff serve the food at all hours. Michael Cho, attorney for applicant, responded that wait staff would be serving food at all hours. Condition 2.4 Commissioner Davert stated he is not comfortable having the restaurant open until 2:00 a.m. and agrees with staff. Commissioner Jones and Commissioner.Kozak concurred with Commissioner Davert's concerns. Larry Smith, applicant, stated his concern about throwing patrons out at closing and asked for a compromise by closing at midnight on weekdays and 1:00 a.m. on weekends. Commissioner Browne stated he understands the applicant's concern but believes the closing time means no new patrons entering. Michael Cho, attorney for applicant, stated an absolute time limit would be easier. The Planning Commission took a five minute recess at 8:10 p.m. The Planning Commission reconvened at 8:15 p.m. Commissioner Davert stated that his interpretation of closed is no new patrons should be admitted after that hour.. Commissioner Kozak stated that the hours recommended by staff are reasonable given the location. Commissioner Jones stated that he supports the hours that staff has recommended. Commissioner Davert asked if the applicant had the option to return to the Commission and request a modification to the hours. The Director responded that the applicant can request a modification to the hours at a later time. Larry Smith, applicant, stated that he would prefer to operate with the proposed later closing hours. The Director recommended the language remain the same for condition 2.4.. Planning Commission Minutes February 22, 1999 Page 9 Condition 2.7 Commissioner Davert noted that late night parking does not appear to be a problem in the center and does not understand Mr. Cho's request. Michael Cho, attorney for applicant, stated he does not know what the available seating capacity is for the restaurant but requests the maximum seating be allowed. Chairperson Pontious stated that she believed the center is over-parked. The Director stated that the center does have additional parking and the condition states exactly what Mr. Cho is requesting. Michael Cho, attorney for applicant, stated.he believed the condition limits the restaurant to 150 seats unless they submit a parking study and noted that a parking study was provided. Commissioner Davert inquired about the number of seats the applicant is proposing. Michael Cho, attorney for applicant, stated that 210 spaces would be available subject to the occupancy. The Director stated that staff does not have concerns with 210 spaces but cannot m_ ake a determination at this point based on the information submitted. Larry Smith, applicant, stated he did submit a parking summary. Lori Ludi stated that the parking summary the applicant submitted reflects a request for 150 seats. Commissioner Davert asked from where the additional 20 spaces are derived. The Director responded that the additional spaces could be accommodated within the facility as long as the demand does not change with respect to the parking and the actual occupancy of the building can support additional occupancy. This determination can be made at.a staff level. The condition, as it is written, gives flexibility for that to occur. Condition 2.10 Commissioner Davert stated that video games and pool tables can be fun and cater to a professional crowd and he does not have a problem with these two items. Commissioner Jones asked where the video games and pool tables would be located in the restaurant. Michael Cho, attorney for applicant, responded they would be located in the main floor dining room on the main level. 1 Planning Commission Minutes February 22, 1999 Page '10 Commissioner Davert asked for the seating capacity in that room. The Director responded that 48 seats are identified on the plans and noted that the Commission should be mindful that the intended use of the facility is a restaurant; two pool tables and five video games in an area that is approximately 750 square feet would constitute a primary use of the area for gaming rather than a restaurant use. Michael Cho, attorney for applicant, noted that the percentage drops when the square footage is calculated for the upstairs dining room and the lower dining room. !_arty Smith, applicant, noted that the room referred to as the main dining room is technically not the main dining room and further noted that the total restaurant dining area is broken up into three areas that are comparable in size. The Director reminded the Commission that pool tables and video games are not allowed in the guidelines so the Commission would be establishing a precedent. Commissioner Davert stated he understands the guidelines and the need for consistency but noted that there are new trends in restaurants. The Director noted that if the Commission wished to allow pool tables and video games, they should direct staff to modify the guidelines and to recognize that the option would be available to other interested establishments. Commissioner Davert stated he did not wish to make this available to everyone in town. The Director noted that the Commission has the ability to condition any project that appears before the Commission. Michael Cho, attorney for applicant, noted that Dave and Busters is one of the fastest growing restaurant companies in the United States and theme restaurants are the rage. Commissioner Davert asked if a condition could be included for revocation if the establishment receives too many police calls. The Director stated`that equal protection issues must be considered when laws are written and noted that staff can modify the portion of the resolution that pertains to off-site and on-site consumption of alcoholic beverages. Commissioner Kozak noted that perhaps a standard could be used relative to the size of the facility or location. Michael Cho, attorney for applicant, noted that games make up over fifty percent of the facility in a Dave and Busters facility. Planning Commission Minutes February 22, 1999 Page 11 Chairperson Pontious compared this issue to neon signage which was prohibited at one time and now is considered trendy and upscale. Commissioner Jones stated that the Commission should realize that this is a changing trend but the issue should be researched by staff. The Director stated that the prohibition should be left in and staff can return with guidelines for the Commission's consideration. Commissioner Davert stated he understands the applicant wishes to open his restaurant with everything in place and asked if the use could be allowed temporarily. The Director stated that the Commission can condition the applicant to comply with any future guidelines that are adopted. Chairperson Pontious asked the applicant for their expected opening date. Michael Cho, attorney for applicant, indicated that the applicant is ready to open immediately and would be inclined to accept any conditions subject to any changes that the City may provide through future guidelines and waive any claims against the City for removal and cost. The Director noted that the Planning Commission can approve temporary use permits for up to six months and staff may need to notice the temporary use permit as a separate hearing. Condition 2.13 Commissioner Jones noted that there are barstools at the Lone Star restaurant. The Director noted the bar is considered an ancillary use to the restaurant. Commissioner Davert noted that he does not drink at all but eats his lunch twice a week on a barstool at a bar in a very nice restaurant. Chairperson Pontious noted the bar seating could be included along with the pool tables to be conditioned on a six-month period based on a revision of the guidelines. Commissioner Kozak asked if the twelve seats could be specified and also four for the oyster bar. Condition 2.14 Commissioner Davert stated he believed the intent is that food would be available in all open portions of the restaurant at any given time. Chairperson Pontious asked if the condition could be rewritten to be less ambiguous Planning Commission Minutes February 22, 1999 Page 12 The Director indicated that the intent of the condition was that any and all areas would exclusively operate as a restaurant and suggested that "all times" be deleted from the condition. Commissioner Browne inquired if this precludes the applicant from using the facility for wedding receptions. The Director indicated that the applicant could allow anything that did not exceed the occupancy limit. Michael Cho, attorney for applicant, noted his concern about New Year's Eve failing on a weekday. Commissioner Davert indicated he believed there is a way to accommodate a one-time event. The Director stated individuals can have four special events per year and permits need to be in place before the event occurs. The Director indicated that the City Attorney suggested that the City require some sort of security for the oversight time required by staff. Commissioner Kozak suggested the condition be worded to indicate the security would be in a form acceptable to the City Attorney. -Michael Cho, attorney for applicant, stated he has never seen a condition requiring a bond relative to enforcement costs. Omar Sandoval, Deputy City Attomey stated that the City would include the amount and performance bonds are commonly issued to permittees. Commissioner Jones asked if there was consensus related to the exterior of the building. The Director stated that it can be conditioned if the Commission can make a finding that the proposed use is creating a burden and necessitates the trash enclosure. Commissioner Kozak stated that his intent was to improve the aesthetic appearance of the building. Commissioner Jones stated that it may just be a matter of bringing the cracked planters up to a current state of repair. The Director stated that the Commission should get concurrence from the applicant . Michael Cho, attorney for applicant, stated the applicant would have no problem with landscaping the current areas within the planters and repairing damaged planters. r Planning Commission Minutes February 22, 1999 Page 13 Commissioner Kozak stated his hope that improvements to this site would encourage improvements throughout the center. The Director stated that staff can prepare a resolution to be included on the Consent Calendar for the next meeting. Commissioner Kozak stated that he wished to see conditions 2.10 and 2.12 from Resolution No. 3658 placed into this resolution also. The Public Hearing closed at 9:00 p.m. Commissioner Davert stated his gratitude to staff and the applicant for their time spent on this project and noted the City has looked for years for an appropriate use for this facility and will support the applicant to make the business successful. Commissioner Jones moved, Commissioner Kozak seconded, to continue the item to the March 8, 1999 Planning Commission meeting to allow staff to prepare a revised resolution of approval. Motion carried 5-0. REGULAR BUSINESS: 6. Status Reports Karen Peterson, Acting Senior Planner presented the subject report. STAFF CONCERNS: 7. Report on Actions taken at the February 16, 1999 Ci!y Council Meeting Elizabeth A. Binsack, Community Development Director reported on the subject agenda. COMMISSION CONCERNS: Commissioner Davert Noted that Red Hill Avenue is reduced to one lane at Irvine Boulevard and asked if this was in the County. Douglas Anderson replied that this was in the County and is part of their widening project. Noted that the Unocal Station on 171 Street is still using three signs posted. The Director replied that staff had sent a letter to the property manager and would follow up with them. Planning Commission Minutes February 22, 1999 Page 14 Commissioner Kozak - Thanked staff for their work on the Red Hill Restaurant report. Chairperson Pontious - Stated her pleasure in seeing something positive occurring at the old Chuck's Steak House restaurant. Commissioner Jones Announced his resignation from the Planning Commission due to his new position with the Irvine Ranch Water District as General Manager. - He thanked City staff and the Commission and stated he enjoyed serving on the Commission. ADJOURNMENT: Commissioner Davert moved, Commissioner Kozak seconded, to adjourn the meeting at 9:10 p.m. Motion carried 5-0. A regular meeting of the Planning Commission will be held on March 8, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. ITEMA52 ort to the Planning Commission DATE: MARCH 8; 1.999' SUBJECT: CONDITIONAL USE PERMIT 98-029 APPLICANT/ PROPERTY OWNER: LARRY SMITH RED HILL RESTAURANT,INC. ' 14131 RED HILL AVENUE TUSTIN,CA 92780 LOCATION: .14131 RED HILL AVENUE ZONING: RETAIL COMMERCIAL (C-1; 100'000) ENVIRONMENTAL , _- STATUS: THIS' PROJECT' IS CATEGORICALLY.. EXEMPT (CLASS 1). PURSUANT TO SECTION 1,5301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 'r REQUEST: AUTHORIZATION .FOR THE ON-SITE SALE -OF ALCOHOLIC BEVERAGES (ABC LICENSE, TYPE "47") IN CONJUNCTION ,WITH A NEW RESTAURANT. RECOMMENDATION That the Planning •Commission adopt Resolution No. 3655 approving Conditional Use Permit 98-029, as conditioned. Background On February 22, 1,999 the- Planning: Commission provided direction'to,staff to modify proposed conditions of approval within Resolution No. 3655. ' The Planning Commission considered the resolution contained within the February 22, 1999 staff teport (Attachment A) and a letter from, the applicant dated February 22, 1999 (Attachment B). Each proposed modification is listed below: o Modify Conditions 1;.4 and 2.1 to prohibit off-site consumption with the exception of partially consumed bottles of wine as authorized by Section 233.96.5 of the Business and Professions Code. The applicant provided references to State law (Attachment C). and staff was able to verify that removing partially consumed bottles of wine from the premises would be permitted with a Type 47 license. Planning Commission Report Conditional.Use Permit 98-029 March 8, 1999 Page 2 Modify Condition 1.8 to require audited financial°statements and schedules. Add Condition 1.11 to require the applicant to post a security bond to ensure removal of bar stools, coin operated video games, and poollbilliard tables consistent with modifications to Conditions 2.10 and 2.13. 0 Modify Condition.2.3 to delete reference to "full" service of menu items and clarify that food shall be served during'all business hours. Modify Conditions 2.10 and 2.13 to allow bar seating, coin operated video games, and pool tables for a temporary (six month) period. During this period, the Planning Commission will reaffirm or modify the provisions' of the Alcoholic Beverage Sales Establishment Guidelines which prohibit these types of uses in conjunction with a restaurant. Modify Condition 2.14 to describe restaurant functions required during business hours. ® Add Conditions 2.15, 2.16, and 2.17 to require no loitering signs at the entrance of the restaurant, removal of litter from the exterior areas around the premises, and modification of public telephones inside the restaurant to prevent incoming calls. ® Add Conditions 3.4, 3.5, and 3.6 to require a plan submittal for a trash enclosure, repair and maintenance of landscaping and irrigation, and repair and/or replacement of the existing monument sign. , o Karen Peterson lizabeth A. Binsack Acting Senior Planner Director of Community Development Attachments: Attachment A- February 22, 1999 Staff Report Attachment B - February 22, 1999 letter from Michael Cho Attachment C - February 23, 1999 letter from Michael Cho Resolution No. 3655 sApereporticup98-029-3-8 sport to the �USIV r V . j riannin,g Commission DATE: FEBRUARY 22, 1999 SUBJECT: CONDITIONAL USE PERMIT 98-029 APPLICANT/ PROPERTY OWNER: LARRY SMITH RED HILL RESTAURANT, INC.. 94131 RED HILL AVENUE TUST.IN, CA 92.780 LOCATION: 114, 131 RED HILL'-AVENUE ZONING: RETAIL COMMERCIAL (C-1; 10, 000) ENVIRONMENTAL y STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) �t PURSUANT TO -SECTION 15301 •..OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: AUTHORIZATION FOR THE, .ON-SITE. SALE OF ALCOHOLIC. BEVERAGES (ABC LICENSE, TYPE "47") IN. CONJUNCTION WITH A NEW RESTAURANT. RECOMMENDATION' That the Planning 'Commission adopt Resolution No. 3855 approving Conditional Use Permit 98-029, as conditioned.' If, conditions are modified, staff may alter-the recommended:action. Project Description The applicant is requesting authorization to,obtain a license for the on-site sale and consumption of beer, wine and distilled spirits (ABC license Type "47") in conjunction with a new restaurant located at 14131 Red Hill Avenue (see Location ,Map). Alcoholic beverage sales establishments are permitted in association with a restaurant use subject to the approval of a conditional use permit,,' The applicant does not propose any outdoor seating. The applicant proposes to start a new restaurant,business at the location .of"a previous. restaurant (Chuck's.Steakhouse;established in 1970).—The previous.restaurant also sold alcoholic;beverages for on-site.consumption. The previous tenant vacated the premises ATTACHMENT A-- MARCH 89 1999;" Planning Commission Report Conditional Use Permit 98-02J February 22, 1999 Page 2 several years ago and since then the building has remained vacant. The tri-level building is approximately 5,000 square feet and located within the commercial center on the southwest corner of Red Hill Avenue and Nisson Road. Surrounding uses include a Stater Brothers grocery store surrounded by a variety of service/retail type businesses. Three restaurants also exist within the commercial center. The surrounding neighborhood includes two apartment complexes directly northwest of the commercial center and one directly southeast of the commercial center, across Red Hill Avenue. Background On February 8, 1999 the Planning Commission continued this item to allow the applicant the opportunity to meet with staff to discuss proposed modifications to the conditions of approval within Resolution 3655. Staff met with the applicant and the applicant's attorney on February 10, 1999to discuss the project and the applicant's request for modification to proposed conditions of approval (see Attachment C). The applicant clarified his proposed operation as follows: © Two dining room areas are proposed on the main and upper floors. The upper dining room may close earlier than the cocktail bar. A cocktail lounge with 12 bar seats is proposed to be located on the lower level. The cocktail lounge-may not be open during all business hours, (i.e. lunch). ® A cocktail/oyster bar is proposed in the main floor dining room. Five coin operated video games are proposed to be located within the main floor dining room. Two pool tables are proposed to be located within the main floor dining room. ® Live entertainment and public dancing is proposed to be located on the stage area within the cocktail lounge. ® The proposed hours of operation are 11:00 a.m. to 2:00 a.m., seven days a.week. The restaurant hours are proposed to close at 1:00 a.m. The applicant's modification to conditions and staff's recommendation are discussed below. Alcoholic Beverage Sales Regulations and Guidelines t Staff has re-evaluated the proposed use for conformance with the City's Alcohol Beverage Sales Establishment Guidelines (Attachment B) and the applicable Zoning Code regulations based on the new information provided by the applicant at the February 10" meeting and in.their letter dated February 8, 1999. At the meeting staff was unable to Planning Commission Report Conditional Use Permit 98-029 February 22, 1999 Page 3 ' reach an agreement with the applicant regarding their requests. The following 'is a discussion of outstanding issues, including: the sale of alcoholic beverages; hours of operation and the location of the facility;coin operated video games and pool tables; and bar seating. On-site Consumption of Alcoholic Beverages The applicant proposes to allow partially consumed bottles of wine to be taken off the premises by the customer and consumed off-site. The applicant disagreed with condition 2.1 and proposed the following addition: 2.1 No off-site sale or consumption of alcohol'for- any type of ABC license is authorized. All alcoholic beverages shall be consumed on site except partially consumed bottles of wine as permitted by the ABC (Alcoholic Beverage Control) Act Staff confirmed with the Alcoholic Beverage Control Board that a type 47 license issued by the ABC does not permit off-site consumption of alcoholic beverages including the removal of partially consumed bottles of wine. To obtain a conditional use permit for off-site consumption alcoholic beverage sales license, the premises . would have to be at least 300 feet from a residentially zoned or used property. The subject property is less than 300 feet from two R-3 (Multiple Family Residential District) zoned properties. Therefore, Condition No's. 1.4 and 2.1 have been included for the Planning Commission's consideration. Hours of Operation and Location of Fa The applicant proposes to stop serving food menu items one hour before closing to allow the operator of the restaurant flexibility regarding the commencement of cleaning up the kitchen area. The applicant disagreed with Condition 2.3 and proposed the following change: 2.3 Hours of sales of alcoholic beverages shall be limited to the hours when food is available, or otherwise permitted herein. Full service of food menu items shall be available in the restaurant and lounge during all business hours until one (1) hour prior to close. In accordance with the City's Alcohol Beverage Sales Establishment Guidelines, food must be served during business hours. If the food preparation and serving is not operational during business hours, then the primary use of the facility during those hours becomes the sales of alcoholic beverages rather than food. The location of the property is less than 1,000 feet from a residentially zoned property. This site does not meet tiie distance requirements for on-site sale establishments not in conjunction with a restaurant in accordance to Section 9233c(v) of the Tustin City Code: ® 1,000 feet from any residentially zoned or used.property. Planning Commission Report Conditional Use Permit 98-029 February 22, 1999 Page 4 1,000 feet-from any other existing on-site sale establishment, except for a restaurant establishment or off-site sales establishment. 1.000 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. A summary table of similar establishments within Tustin is provided as Attachment E. The table illustrates that either: 1) establishments, with separate cocktail lounges, have a distance of at least 1000 feet separating the facility from sensitive uses, or 2) the establishment is considered a non-conforming use due to the start date of establishment. The restaurants that have cocktail bars which are integrated into the dining areas do not have separate closing hours for the bar and the dining areas. Therefore, Condition No 2.3 has been provided for the Planning Commission's consideration, which limits the sale of alcoholic beverages to the hours when food is available. The applicant proposes operating hours to end at 2:00 a.m. seven days a week, which they state is consistent with the other businesses within the commercial center and similar establishments within the immediate.-area. ' The applicant disagreed with Condition 2.4 and proposed the following modification: 2.4 Operating hours shall be consistent .with the other businesses within the commercial center. The closing hours shall be limited to Sunday hrour•h Thursday and 12:.90 a.m. eig girl.), .-. d Sat 2:00 a.m. seven days a week. The grocery store within the commercial .center has the latest closing hour of 11:00 p.m. The three restaurants within the 'center close by 10:00 p.m. The.proposed closing hour of 2:00 a.m. is not consistent with the closing hours of the adjacent businesses within the commercial center. As depicted on the table in Attachment E, Stewart Anderson's Black Angus Restaurant appears to have the most in common with the proposed operation. Black Angus has a separate lounge area from the restaurant, live entertainment, and public dancing. Black Angus closes,at 10:00 p.m. on Sunday—Thursday and 11:00 p.m. on Friday and Saturday. At the February 10, 1999 meeting, the applicant indicated that he would like the flexibility of closing the upper dining room at 10:30 p.m:, closing the main dining room an hour before closing, and operating the lounge until 2:00 a.m. He also indicated that it was his desire to retain patrons as long as possible by first serving them dinner in the. dining rooms and then capturing their, business in the lounge area. During "slow" periods such as lunch or daytime hours, the lounge would be closed entirely. Given this information, staff believes the applicant is proposing two separate uses that would operate independently; a restaurant and a cocktail bar. In addition, given the applicant's proposed operating hours, it appears that the principal use of the facility Planning Commission Report Conditional Use Permit 98-029 February 22, 1999 Page 5 would change from a restaurant during early evening, hours to a cocktail lounge/bar during late night hours. Generally restaurants serve dinner to patrons before 12:00 .a.m. and late night operating hours are not used for serving dinner. Due to the request by the applicant to close portions of the dining area, after the dinner rush, and keep the lounge operating, staff believes that the primary use of the-facility during late night hours, would become a cocktail bar or club. Staff recommends that the closing hours be limited to 11:00 p.m. on Sunday through Thursday and '12:00 a.m. on Friday and Saturday and has not modified the previous Condition No. 2.4. The applicant proposes to allow the customer the flexibility of not ordering.food menu items while consuming alcoholic beverages. The applicant disagreed with Condition 2.7 and proposed that it be deleted. D-frr.nn� that n ns only must t be seated Wintha_r eGkta _ il,�--e�svrrs�rrc:rv�eF-�E$I�'91'F6--�e3f cuc lounge areei. Patrens seated within the two dinir.r. MeMS shall be rh.nrl aleehelie beverages nnitil when errlegng feed menu items i1iLlJi iQii The on-site consumption of alcoholic beverages is intended to be in conjunction with eating a meal on the premises. A restaurant establishment, with on-site sale of alcoholic beverages is not subject to any distance requirements from surrounding sensitive uses. However, an,establishment not in conjunction with a restaurant, such as a cocktail bar or club, must meet the required distance from surrounding sensitive uses which can not be met on this site. Staff has deleted Condition No. 2.7 due the implication that alcoholic beverages can be consumed without eating a meal. Conditions Nos. 1:8,. 2.3 and 2.12 have been -provided to. ensure that the establishment remains as a restaurant at all times. ® The applicant proposes to have the flexibility to close down the second level dining area at different times than the, main dining. room and the cocktail lounge. The applicant disagreed with condition 2.8 and proposed the following replacement: - 2:9 The upper dining level may close .at 10:30 p.m.' and the main dining area and lounge areas shall close at 2:00.a.m. As noted previously, closing off portions of the dining area while keeping the lounge operating, changes the primary use of the facility during these hours from a restaurant to a cocktail.bar or club. The on-site sales of alcoholic beverages is only permitted on this site in conjunction with a restaurant. Therefore, the entire premises should function exclusively as a restaurant at all times. Condition Nos. 2.3, 2.12 and 2.14 have been provided for the Planning Commission's consideration, which limits the sale of alcoholic beverages to the hours when food is available, that food shall be. served at any bar located within the facility and that the entire facility operate as a restaurant at all times. Planning Commission Report ; Conditional Use Permit 98-029 February 22,1999 - Page 6 Coin`Operated Games and Pool Tables The applicant proposes to install coin,operated video games and pool tables on the premises. The applicant disagreed with Condition 2.92"and proposed the following replacement: 2.92 A maximum,of five-(5)•coin operated .video games•and two:(2) billiard tables shag be permitted within the main'floor dining room. In accordance with the Alcoholic Beverage .Sales Guidelines, coin operated games a and pool tables are not all in a-on-site alcoholic beverage sales establishment in conjunction with a restaurant. The,Tustin City Code and Alcoholic Beverage Sales,, Guidelines do not permit pool tables to be located on these premises which is zoned CA. Deviations to the City Code !rand Use Regulations are not permitted. Therefore, Condition No. 2.10 has been provided for the Planning Commission's consideration. Bar Seating r The applicant proposes to have bar seating adjacent to the cocktail bar. In accordance with the Alcoholic Beverage Sales Guidelines, "bar'' type seating is not allowed for;on *site alcoholic beverage sales establishments in conjunction-with a restaurant.- "Bar' seating would be, allowed only in an. establishment that would be ' considered a cocktail bar or club; rather than-a restaurant.. This facility does not meet the distance.requirement from sensitive uses,fdr4cocktail 'lounge.- , There are no unique circumstances regarding this application that would support findings to deviate form the Guidelines. Therefore,..Condition No.' 2.13- has been, provided- for the - Planning Commission's consideration. Live Entertainment 1 Public-Dancing' _ The applicant'is .proposing to offer live musical entertainment and public dancing in an, approximately 200 square foot area on the lower floor-the restaurant. .Tustin City Code Sections 3212 and 3222 require that.the applicant apply and obtain approval of a Public Dancing Permit and a Entertainment Permit from the Community Development Director to conduct live entertainment and dancing. Prior to issuance of these permits, the Community Development Director -would evaluate the • proposed- •operations and investigate the applicant's background. Once the permits are issued, .the Community Development Director has the authority to revoke the,permits if the applicant does not comply with provisions of the permit. Condition No. 2.13 is included ,..to require the applicant to obtain, Public Dancing and Entertainment Permits and Condition,No. 2.10 prohibits live entertainment and public dancing outside of-the restaurant and prohibits sexually oriented businesses. Planning Commission Report Conditional Use Permit 98-029 February 22, 1999 Page 7 , Parking A parking summary was provided by the applicant, which indicates that there are 311 parking spaces within the commercial center. The reciprocal parking agreement for the center allows shared parking among all the commercial center tenants. Not including the proposed restaurant, the existing uses within the commercial •center require 241 parking spaces. The proposed 150-seat restaurant requires 50 parking spaces, leaving a surplus of 20 parking spaces within the center. Condition No. 2.8 is included to require a parking summary of the center and approval of the Community Development Department for any increase in the number of restaurant seats. ri A. Cu-di V Karen Peterson Associate Planner Acting Senior Planner Attachments: Location Map Attachment A- Submitted Plans Attachment B -Alcoholic Beverage Sales Guidelines Attachment C— February 8, 1999 letter from Michael Cho Attachment D - February 8, 1999 Staff Report Attachment E -- Summary Table of Local Restaurant Establishments Resolution No. 3655 5 sApereportl2-22cup98-029.LAL LO CATI n N MAP ,fl I L �r• ` �� r AUr, t 3 REIUN AvaNus I , 5 FPW I, Y 5 . 14012 14011 ' . �a 17022 14024 i � •\ti.. •\? r. _ . 14062 1 14032 14031. y �14076 _ ! Ao4141�� . 114042 1404, , . I14092 ✓A.511 14081 X405 11 j 114052 +4051 . r oRTL 1 141oz : 140611 Q 14062 14061 , c �14772 14091 1 14081 .- 14131 , N082 a ,14122 0 14741 y i' I 14091 i 414092 14091, ,14143 q 1 41 45 1 14101, I 14102 14101, 14151 1 14111 14111, 14161 14112 1 14171 4121 14121 i 14201 .14132 14203 i i 1; 14131• I 14205 • - 14207 i 141st FRONTIER 14209 ' PARK 14211 RIVE -- -- i 14213 +4215 : j 1 14241 74231 1 i - n L..--_o--�_•--- 14245-- -- -~ ` N s _. K ITCRELL AVE. NO SCALE 14241 14242 RED HILL RESTAURANT -- PHn S[i Pnn SC II ,i i e• I .>:^':}te_'R:(fin e•( ..uJ•4.'.. I .. _ AII -nRen `• -..t Tar r,�•_ _ �,:' II I�i 7-1 I• I1Ir- �l:.DL:\� I � f `I �• itt�•�:: 1. ' .n•;"Ir LI�VOcr f' A'•n1)+.I!I;i) S'E TER AC nS LIA ITL r.F LLL'A!-LLJ-L•h•�I t�. I L�( ��.i•..�.i.l r ,(/ 4 �'J ` 77 I ,I Rea HILL n.e: I I I I 1'•�I. �•'IIIII , E9 N r .D .'Na ,.`,i.l , a ...'. I,..J �h' � 1!14:A. J E .,tiJ;i _:; 1�✓� O £:L.T,:'P:.'." 9 �" y 3_ ' .a.•.�s.; _ N T 7 1 i,lffn[�llf`liff' III'llll-flfllTi�l.Tr - .E i�)/ 5 Q �I P ta S C I 41s •1 as =g—'ra ! nnn�i+G y 1211: I' 1 ?'.� i` = -VT a i �7� ,= j I �t � ij U1 t, + 'L I;eD_iu_:n.—C_ E. I"• ___. n:u n4 cNdL �._�,_ 160)" ..1'P'�o•.. —_.. .... �Y'eene..v i NORIM SITE{PIAN Z LEGAL DESCRIPTION PROJECT DATA .r..o ••�• A PORTION Of LOT 34 Of PLA[No.1 Or THE 3URISOICIION: SN1 or IUSTIN RANCNOS SANTI,GE d.SANTA ANA AND SAN JOAQUIN. - _ IN IN[COUHII Of ORANC[.STATE Of CALIFORNIA, 11WLOINC COOL: U.D.C.1994 to. / AS SHoWHR91"FLOW Rtlo—D DE069m0.FlIXRI DUN y J ar MISC[IUNOV5 RECORDS or LOS ANGELES COVN11, EXISTING RESTAURANT -x GUIORNIA• CDNSIRUCIION 1P[f (NDN-$PRIHRLERED) 2 rwnnwe••u •'�� uai nano, •� • -- rr+r w..r.�. Q _ I SHEET INDEX BUILDING AREA; 3.900 S.r, ddPl LN�b6...Y.A,_ w oar•uY ru.w y— --+ _...__,_ A-1 511P [kI511xG SHOPPING CCxICR W,- [ UN AND OETAILS IA 1^` w A4 FIRST FLOOR PUN AND 5ECOxD FLOOR PUN RUIl01NG AR[a: S},}}0 S.r, 9 E EXISTING P"MNC REQUIRED + A-3 TOILET ROOMU PN AND ELEVATIONS (ORIGINAL PERMIT) 263 STALLS e H.C. RAMP T/,' 3 CURRENT PARKING PROVIDED q (INCLUDING 2 NEW H.C.STALLS) JII STALLS w Sdel _ i6. ' ss••r ,�/i.. Idvi �J --+i_—lam 4„ _ �J —ka-- A—, H.C. LDGC ,n' 2 II,C. SIGN I V,- 1 VICINITY MAP AT I I 1 DEMOLITION AND REMODEL NOTES WALL LEGEND o�N,N�RaoN � L FII I,� S[ ......S T7. Loq� 0 .0 v ,L I �I�iu �N�°Ie�CvM 5 3 Ad f I om;g Apo.r.j To-` :.. 0 ,RASH Y _ SECOND FLOOR PLAN 1 11 _ umtes�L - ••--•---*----- •- -•- .- fI wA1LNy — _ ]I tCm_i4Si. IR S.4k[A Fl— AC.. ��• �, A)� 1�! i1I�I�Ii 1� �� t+�s As •�'� �` -`I 1 I T � 4ry0�KIA1L L6UNEE ` PREP.AREA F !I I f" 3 � v -- 1 if n .Lnsuec \ �� r \ _ ..... � I .p .A pOP LeELrr?1Ly �6-r---- FIRST FLOOR PLAN A-2 FIRST FLOOR PLAN AND SECOND FLOOR PLAN TOILET ROOM LEGEND TT WOMENS TOILET ROOM INTERIOR ELEVATIONS .�~J—^tee/e• ,�-ra n O. J"'•'�•��••^"e'`6•'<�• UENS H v > 8. MENS TOILET ROOM INTERIOR ELEVATIONS +h' TOILET ROOM PLOOR PLAN +n- BATHROOM SIGNAGE CEILING LEGEND O _..... ....._ DOOR SCHEDULE z 0. 9! a9 d A-3 REELECTED CEILING PLAN +n' 1 RESOLUTION NO. 3366 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN., CALIFORNIA, ESTABLISHING POLICY GUIDELINES TO BE 3 FOLLOWED FOR , CONSIDERATIONOF ALCOHOLIC BEVERAGE SALES ESTABLISHMENT APPLICATIONS. 5The Planning Commission of the City of Tustin does hereby resolve as follows: 6 1. The Planning Commission finds and determines as . follows: 7 A. -That' certain guidelines shall be considered by Community Development staff and the Planning Commission when 8 considering Conditional - Use Permit applications for alcoholic beverage sales establishments. g B.. ' That-certain standard conditions shall be required on 'on-- 10 site alcoholic beverage sales establishments in 11 conjunction with a restaurant use as follows: o All alcoholic beverages shall be consumed on site. 12 o Authorization for on-site sales of beer and 13 wine/liquor sales is contingent upon the use of the subject site remaining a restaurant. At such time . ' � the restaurant use is discontinued the use permit becomes null and void. 15 o All persons serving alcoholic beverages must be . eighteen years of age or' older and supervised by 16 someone twenty-one years of ' age or older_ Supervisor shall be of .sale. present in same. area as point 17 o Hours of operation are limited -to the hours of 18 a.m. to p.m. (hours are identified depending on the t served during these hours.type operation) Food must be r 19 o The menu of the restaurant shall consist of foods that are prepared on the premises. 201 o No outdoor seating is allowed- at this location. o No ' bar' type seating is allowed. 21 o There shall be no pool tables or coin operated 22 games on the premises at any time. 23 C. That certain standard conditions shall be' required of Off-site sales - establishments as follows: 24 0 . Authorization for off-site "Sales of beer and 25 wine/liquor is contingent upon the use at the ' subject site remaining as 26 e is identified here) . Should this(suse - change ecific sor be discontinued, authorization for this use permit is null and void. 28 o -All persons selling alcoholic beverages shall be twenty-one years of age or older. ATTACHMENT B - FEBRUARY 229 1999 Resolution No. 3366 Page 2_ 1 2 3 o Hours of operation are .limited to the hours of to . (hours are identified depending on the type of operation) . 4 0 "No Loitering" signs shall be posted at the 5 entrance of the business or -other ' specified -location(s) . 6 o No pool tables or coin operated -games are allowed at this location. ° No.. alcoholic beverages shall be consumed on any property adjacent to the licensed -premises under the control of the applicant. 8 Refrigerated single-serving beverage containers 9 shall be located in an enclosed refrigeration unit no less than ten10 and a minimum of fJ.veee5 from the- point of sale 10 entrance. ( ) feet from the store ° 11 No display, sale or distribution of beer or wine, wine coolers or similar alcoholic beverages shall be made from an ic 12 container. e tub, barrel or similar ° No sales or distribution 13 .of alcoholic beverages shall be made from a drive-up or walk-up window. 4 ° All litter shall be removed from-the exterior areas around the premises includin g .sidewalk areas, and parking areas no public 5 less frequently than once each day that the business is open_ 16 °• For establishments selling alcoholic beverages and 17 gasoline, no signs advertising alcoholic beverages may be visible from the exterior of the building or on gasoline pumps or islands., 18 ° Public telephones inside 'and adjacent to the 19 establishment shall be modified to prevent • in- coming calls. - 20 D. That certain standard conditions shall be ref site sales establishments as follows: required of on- 21 ° All persons serving alcoholic beverages shall be 22 twenty-one Y- years of age or.' older. 23 ° "No Loitering!' signs shall be posted at the entrace of the busi C ness or other specified location(s) 24 . ° Nopool tables or coin operated games are allowed at this location. 25 ° No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under 26 the control of the applicant. ° All litter shall be removed from the exterior area around the premises including adjacent public sidewalk areas and parking areas no *less. frequently than once each day that the business is open. 4 O ResoIuCiOil No. 3366 Page 3 1 ' 2 3' o Public telephones inside and adjacent to the establishment shall be modified to prevent in- 4 coming calls: E. That each Conditional Use Permit -application for an 5 alcoholic beverage sales establishment shall be reviewed, 6 based upon location and type of such establishment, and consideration of the following guidelines - 7 A determination - that. hours of 'operation requested are appropriate for the. use proposed and consideration given 8 to the proposed uses relation to: 9 1: Residential areas; 2 . Protected uses, such as places . of worship, ..parks, 10 schools, hospitals, clinics, convalescent homes . 11 3 . Other similar uses; selling or serving alcohol; F. The applicant shall sign and return an Agreement to 12 Conditions Imposed form which states that the applicant agrees to all conditions imposed, the conditions shall be 13 included on the State issued Alcoholic Beverage license, and failure to comply with any of the foregoing 14 conditions shall be grounds for suspension or revocation of the license_ i5 ' PASSED AND ADOPTED- by the Planning Commission of the City of Tustin 16 at a regular meeting held on the 25th day of September, 1995 . 17 18 19 JKAS E 20 ChaiO son 21 22 BARBARA REYES 2'3 Recording Secretary . ZZ-1 24 , 25 • 26 ,7 28 BERNARD & ASSOCIATES A PROFESSIONAL ASSOCIATION OF INDEPENDENT ATTORNEYS ATTORNEYS AT LAW 3991 MmARTHUR BOULEVARD.SUITE 350 NEWPORT BEACH,CALIFORNIA 92660 TELEPHONE (949)263-1511 FACSIMILE(949)263-0229 February 8,.1999 Members of the Planning Commission City of Tustin Re: Conditional Use Permit 98-029 14131 Red Hill Avenue,Tustin Red Hill Restaurant ti Dear Distinguished Planning Commissioners: The purpose of this letter is to briefly outline the differences that the applicant has with the conditions of approval as proposed by the planning staff and offer alternative conditions that mitigate the concerns raised by this application. Protect_Description The proposed project is for a full service"New Orleans"themed restaurant that will provide fine dining and entertainment for the local and surrounding community. The restaurant is being developed in a location that previously provided dining and entertainment in a very similar manner as proposed by the applicant. The restaurant has three (3) distinct rooms on different levels For patron service. Top Level Dining Room: Dining/banquet room with fireplace and no fixed beverage bar; Main Level Dining Room: Dining area with small fixed oyster and beverage bar. The dining area consists of booth and table seating. The room will also provide up to five (5) video games and two.(2) billiard tables; Lower Level Lounge: This area is a dedicated lounge area with a fixed bar,small dance floor for patron dancing, and small stage area for live entertainment. The area is basement room with no exterior windows or doors. Proposed Conditions The applicant is in general agreement with the Conditions of Approval as proposed by the Planning staff. However, the applicant requests the Planning Commission consider the following proposed changes (italics and underlined): ATTACHMENT C - FEBRUARY 22, 1999 Letter to Planning Commission February S, 1999 Page 2 of 3 2.1 No off-site sale or consumption of alcohol for any.type of ABC license is authorized. All alcoholic beverages shall be consumed on site e, xcent partially consumed bottles of wine as permitted by the ABC Act. Rationale: The ABC Act specifically provides that patrons can take a partial consumed bottle of wine from a licensed premise. 2.3 Hours of sales of beer, wine and distilled spirits shall be limited to the hours when food is available. or otherwise permitted herein. Full service of food menu items shall be available in the restaurant and lounge during all business hours until one (1) hours prior to close. Rationale: This allows the operator of the restaurant flexibility regarding starting the clean-up of the kitchen area. 2.4 Operating hours shall be consistent with the other business within the commercial center. The closing hours shall be limited to 2:00 am. seven days a iveeks. Rationale: The ABC Act specifically provides that licensed a premise can sell and serve alcoholic beverages until 2:00 a.m. In this case, there are other restaurants in the area that close at 1:30 a.m. to 2:00 a.m. 2.7 Delete in its entirety. Rationale: Patrons seated in the two (2) dining areas should be able to be served alcoholic beverages without the requirement of ordering food, especially in cases where one of the patrons seated at a table may not be ordering food. 2.9 Delete and replace with the following: The upper dining level mayclose at 10:30 p.m. and the main dining area and lounge area shall close at 2:00 a.m. Rationale: There are other restaurant in the area that close the dining areas prior to their bar areas and it permits an operator to begin cleaning at a reasonable time. 2.12 A maximum of five coin operated video games and two (2) billiard tables shall be permitted within the main floor dining room. q4 e,-e shall be no billiard tables an the premises- Letter to Planning Commission February 8, 1999 Page 3 of 3 Rationale: The restaurant concept includes amusement devises in the main dining area very much like that of"Dave and Busters" or"Game Works"restaurants: The dining room would still be primarily devoted to dining tables and food service. 2.14 No outdoor seating is allowed, unless the applicant obtains approved plans for additional patio seating and service. Rationale: The applicant should be permitted to add patio seating and service if appropriate plans are approved without having to return to the Planning Commission to modify the conditional use permit. 3.1 Delete in its entirety. Rationale: The restaurant should be able to provide a small fixed bar that serves as an oyster bar that also serves alcoholic beverages. The proposed bar area previously existed and will only act in conjunction with the main dining area. Additionally, this gives the operator flexibility in utilizing the smaller bar area and closing the Iower lounge area during slower periods of time. The Applicant agrees with the balance of the proposed conditions of approval and respectfully requests your consideration of the above changes. Thank you for your sincere consideration of the request. Respectfully submitted, MICHAEL C. CHO ITEM #3 � Y Report .to the VOT -Planning Commission DATE: FEBRUARY 8, '1999, ' SUBJECT: CONDITIONAL USE PERMIT 9.8=029 APPLICANT/ PROPERTY OWNER: LARRY SMITH RED HILL RESTAURANT, INC. 14131 RED HILL AVENUE TUSTIN, CA 92780 LOCATION: 14.131 RED HILL AVENUE ZONING: RETAIL COMMERCIAL (C-1; 10, 000) ENVIRONMENTAL ; STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: AUTHORIZATION FOR THE ON-SITE SALE OF ALCOHOLIC BEVERAGES (ABC LICENSE TYPE "47") IN CONJUNCTION WITH A NEW RESTAURANT. RECOMMENDATION' That the Planning Commission adopt Resolution No. 3655 approving Conditional Use Permit 98-029. Project Description The applicant is requesting authorization to obtain a license for the on-site sale and consumption of beer, wine and distilled spirits (ABC license Type "47") in.conjunction with a new restaurant located at 14131 Red Hill Avenue ,(see Location Map). Alcoholic beverage sales establishments,are permitted'in association with a restaurant use subject to the approval of a conditional use permit. The applicaht-does not propose any outdoor J seating. ` ATTACHMENT D - FEBRUARY 229 1999 Planning Commission Report Conditional Use Permit 98-029 February 8, 1999 Page 2 Site and Surrounding Properties The applicant proposes to start a new restaurant business at the location of a previous restaurant (Chuck's Steakhouse). The previous restaurant also sold alcoholic beverages for on-site consumption within a cocktail lounge. The previous tenant vacated_ the premises several years ago and since then the building has remained vacant. The tri- level building is approximately 5,000 square feet and located within the commercial center on the southwest corner of Red Hill Avenue and Nisson Road. The restaurant includes two dining room areas, one with five arcade video games, a cocktail lounge and a kitchen/food preparation area. The dining rooms are approximately the same size. They are located on the main floor and upper floor. The cocktail lounge is located on the lower level, several steps down.from the main floor(see Attachment A- Site Plan/Floor Plan). Surrounding uses include a Stater Brothers grocery store surrounded by a variety of service/retail type businesses. Three restaurants also exist within the commercial center. The restaurants and service/retail businesses have operating hours until 10:00 p.m. The grocery store is ,open until 11:00 p.m. The surrounding neighborhood includes two apartment complexes directly northwest of the commercial center and one directly southeast of the commercial center, across Red Hill Avenue. Live Entertainment/.Public Dancing The applicant is proposing to offer]ive musical entertainment and public dancing in an approximately 200'square foot area inside the restaurant within the cocktail lounge. Tustin City Code Sections 3212 and 3222 require that the applicant apply and obtain approval of a Public Dancing Permit and a Entertainment Permit from the Community Development Director to conduct live entertainment and dancing. Prior to issuance of these permits, the Community Development Director would evaluate the proposed operations and investigate the background of the applicant. Once the permits are issued, the Community Development Director has the authority to revoke the permits if the applicant does-not comply with. provisions of the permit. Condition No. 2.13 is included to require the applicant to obtain Public Dancing and Entertainment Permits and Condition No. 2.10 prohibits live entertainment ;and.'public dancing outside of the restaurant and prohibits sexually oriented businesses. Parkin A parking summarywas provided by the applicant, which, indicates that ,there are 311. parking spaces within the commercial center. The reciprocal parking agreement for the center allows shared parking among all the commercial center tenants. Not including the proposed restaurant, the existing uses within the commercial center require 241 parking spaces. The proposed 150-seat restaurant requires 50 parking spaces, leaving a surplus Planning Commission Report Conditional Use Permit 98-029 February 8, 1999 Page 3 of 20 parking spaces within the center. Condition No. 2.8 is included to require a parking summary of the center and approval of the Community Development Department for any increase in the number of restaurant seats. Alcoholic-Bevera a Sales Regulations and Guidelines Staff has reviewed the proposed use for conformance with the City's Alcohol Beverage Sales Establishment Guidelines (Attachment B) and the applicable- Zoning Code regulations. Issues that are relevant to the applicant's proposal include: 1.' Location: The applicant proposes to sell beer, wine and distilled spirits for on-site consumption.. The on-site consumption of alcoholic beverages is intended to be in conjunction with eating a meal, on the premises. A restaurant establishment, with on-site sale of alcoholic beverages is not subject to any distance requirements from surrounding sensitive uses. However, on-site sale establishments not in conjunction with 'a restaurant are subject to the following distance requirements, required by Section 9233c(v) of the Tustin City Code: 1,000 feet from any residentially zoned or used property. 1,000 feet from any other existing on-site sale establishment except for a restaurant establishment or off-site sales establishment. 1,000 feet.from-any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. The applicant proposes to locate a second cocktail bar within the main-floor dining area. Five coin operated video arcade games are also proposed to be located within this dining room. The general atmosphere of the main dining room with the cocktail bar-and video arcade games is similar to a cocktail lounge rather than a sit-down restaurant. Together, the two proposed cocktail bars located on the main floor.dining room and the cocktail lounge would constitute a lounge in the majority of the facility (i.e., approximately 213 of the total square footage of the restaurant). This would render the primary use of the establishment a cocktail lounge and not a restaurant. The establishment would then be subject to the distance requirements as stated above and would not ,meet the distance- requirements because it is located less than 1,000 feet from a residentially zoned property. Planning Commission Report Conditional Use Permit 98-029 February 8, 1999 Page 4 Although the applicant is willing to provide food service only at the main dining room bar, this would create a difficult enforcement issue for the City to ensure that this area is not converted into a cocktail bar. Condition'No. 3.1 is included to require that the second bar be removed from the main floor dining area, .To ensure that the primary ,use of the establishment remains a restaurant, Conditions 1.8 requires the applicant to submit an annual financial statement identifying gross sales of food and alcohol. The gross receipts of the food sales must surpass the gross receipts of the alcohol sales to maintain a restaurant status. The Community Development Director is authorized under this condition to initiate revocation proceedings if the restaurant status is not maintained. 2. Hours of Operation: Food prepared at the site will be available during the hours of operation. The proposed business hours are 11:00 a.m. to 2:00 a.m. These hours are not compatible with the surrounding uses, which cease at 11:00 p.m. It would be . appropriate for the restaurant's hours to be consistent with the business hours of the uses within the commercial center. The proposed hours of operation are more common for cocktail bars and night clubs than restaurants primarily serving lunch and dinner. Staff recommends that business hours be limited to 11:00 p.m., Sunday through Thursday and 12:00 a.m. on Friday and Saturday. Condition No. 2.4 is included for the Planning Commission's consideration. 3. ServingAlcohol: cohol: Consistent with the guidelines, Conditions 2.3 and 2.6 are included to require alcoholic beverages to be served `only in conjunction with food service and to require all persons serving beer and wine to be eighteen (18) years of age or older and supervised by someone twenty-one (21)years of age or older. 4. Coin Operated Games: The guidelines recommend applying a condition to prohibit pool tables. or coin operated games in conjunction with a restaurant with alcoholic beverage sales. No pool tables are proposed. However, the applicant is proposing five coin operated video games within the main floor dining area. A maximum of five coin operated video games within the main floor dining room would be considered an accessory to the primary restaurant use. Condition No. 2.12, included for the Planning Commission's consideration, is proposed to limit the number of coin operated video games to five and prohibit pool or billiard tables on the premises. Planning Commissioh Report Conditional Use Permit 98-029 February 8, 1999 Page 5 ` 5. Bar Seating: The- guidelines recommend applying,a condition to, prohibit `bar' type seating in conjunction with a restaurant with alcoholic beverage sales. The applicant is proposing. twelve (12) bar seats adjacent to the cocktail bar within` the cocktail . lounge. The proposed 'bar' seating would be .appropriate`since patrons sitting In this area would be served the same as those seated at the standard lounge tables and chairs. Patrons seated at.the-bar or the. lounge tables would have the ability to order any food items offered on the menu. Condition No. 2.3, which requires full menu service to be available to patrons seated anywhere in the facility, is included for the Planning Commission'si.consideration. ori A. udi Karen Peterson Associate Planner Acting Senior Planner, Attachments: Location Map Attachment A­ Submitted Plans Attachment B -Alcoholic Beverage.Sales Guidelines Resolution No. 3655 s:lpereporticup98-029-2.LAL SSUMTABLE OF LOCAL RESTAUR NT ESTABLISHMENTS ESTABLISHMENT&ADDRESS TYPE OF USE APPROVAL TYPE OFOPER. DISTANCES >1000'FROM SEPARATE PRE- AUTHORIZED' DATE ENTERTAIN- HOURS FROM SENS.USE COCKTAIL EXISTING MENT SENS.USE LOUNGE The Barn Restaurant&Saloon Restaurant& 914172 Live entertain- 11 am—2am Legal Non- Legal Non- Yes Yes 14982 Red Hill Avenue Bar ment and public 7 days a week conforming conforming (11184) (714)259-0115 dancing �'e�ttiY+.,'�a�;7.�,tFs{�gY,7_7��va`�a,tFp��4t�:'#rid.J4fi,rttr'�rxxFAAi�1t'}k13Fr..Ala}.11t'1"�liN;s:.e�#1.ari.{r, r�w'{��iT:1,`� K1!tfi%•�,i4� ,i;,!:�r�."upt4,v4."t:+a�Jtltu�.k :'1U":"'ia►f%4;frt+:MtRnY?f'i:�"?.#RI4.+fJi���i!!'r;;: EI Torito Restaurant 12!13!78 None 11 am—2 a Legal Non- Legal Non- Yes Yes 17420 17'"Street 7 days a week conforming conforming (11184) . (714)838-6630 � �> }3.Ti'"4`'`a^=:3:x'-.an x h.;L�:}^?k.,a,_:t;�t"..�+t�uv(%�.+ ,€,,,r,..W�3;, .,.0 Ji..L.y:,�::e.:«..,v-..:r..c+f.:.v:.. ::'at �'�,,�.?f^^rY'.tr,,rrK,;_�,Hr..1,rissX;r'tv<'i5o=:naa�E. ,7"rc '•«�i'.�E`-i+��S'd�"�3°a!,:€ S'� Spoons California Grill Restaurant 2123187 None11 am—12 pm 100'res. Legal Non Yes - Yes D 13741 Newport Avenue 7 days a week. 300'othr est conforming (112196) (714 669-8425 500'chrch -'9,J,?liir'1�J si'Tifi�:+:cli;kr�`t a<2FY;�:.ce h+,-3`^ ytrrraa.J,t�..^],..,,..: 4+�_.; .,i:;,:...«,:.,iv ,•.•.n4• ,i,h„,. i.', .�d::.,r�r•',M.M,.cSrk;r,,.FJtralt,4`t+�S[,a"r.,,..}�:. `:kAr:;xEi§"*�' ifv+.�..r"sifLii9s.'>;'"ix>;res Don Jose Mexican Restaurant Restaurant 5129179 None Sun—Thurs, Legal Non- Legal Non- as Yes 14882 Holt Avenue 11 am—10 pm; conforming conforming (11184) ?� (714)832-3280 Fri&Sat ll am 11 pm ��.�i3';P:l+�.13=x:�;u=SE'Y".T}fu,..Gvirj w a5. _�..:r w1 bf��!I;lr •a.t.��ri:,,'s�t--�.,1,.;... _a,..:a e:51 .:i::7_i:n a..:5.._�,# 1..N`Y';:iY.i i,y.?.�,t1 .1U.sF;...t�re•.r=7:re.`'2..I:r�.r.,�,r;.r''?.,.`r'L�r"'v.�'F J{?.r :r.� Pineapple Hill Saloon&Grill Restaurant w/ 4128186 None 10 am—2 am 100'res. n/a No Yes 654 1'�Street Limited bar 7 days a week 300'othr est (112196) r (714)669-913118 seating 500'chrch a%'!'1R':ffF .E,R3;:.tkl�y;l i�4:tF.FrflFrtftlb,•.�:i''�`r9iYF.tM`'•1�^P;I;,�J N .•�•.Tr ,.ii-R,ir�;t;srtr�:r;r.?tH t�iaV?.,si:1:-vt:::,.�a`Yrf «`;'?..:Fq{{94t a'f�T'i:htitiTSi4 LonestarSteakhouse&Saloon Restaurant 1!1!98 None Sun—Thur, 100'res. nla No No 1222 Irvine Blvd. 11 am—10 pm; 300'othr est (714)508-9053 Fri 8 Sal 500, 00 chrch it am-11 pm ct er r,§a u7 Ht ri:mtts a rpt•S. K Ari ,3�:raa at: r °fit Fs.r, i�; Wil,' Tustin Brewing Co. Restaurant w1 . 1/8/96 LJve Sun— urs, 100'res. n/a No No 13011 Newport Ave.#100 on-site Entertainment 11:30 am— 300'othr est (714)665-2337 manufacturing 12 am; 500'chrch and sales Fri&Sat, N 11:30 am 2am N #'Mf.'r>fifJ�.z�”cCrm!i}�=ti�1iya.Yt.•!'^;tZfr.V•�r}ussq i':�s:'„•lr ,�'V.i?'r{,7..:r.�?Dr�g,>?• !.:�..{,11Mdi'4:::Grlilis5y?,r7r4:�F9i+itt:.e�4kbtf7,{r,;:Fs�ic i!:+B�t idi;J>w;-,�;.r,....r..�rr.-:+.•� GLi�t�ls�f1�3r•SY,a: "r?ni�:��ii�s�?hti�i!"'".,� Y-� Stewart Anderson's Restaurant& 2/1195 Live Sun,11:30am— 100'res. Yes Yes Yes Black Angus Bar Entertainment 10 pm 300'othr est (112196) 3030 EI Camino Real and public Mon-Thur, 500'chrch Lp (714),573-0888 dancing 11 am—10pm; Fri, 11 am--llpm; Sal, 11:30 am- 11 pm �.:a,�rftJr+xu,.�nrr,.i,�i ,ar,'„a'r' 1J4.;_ih.t.i. �,tql ,yt>:a;'cJriir i.Jrt,:;rJ:i +ir.y,ili�,,,eh..JAJrr:it.,49ntf•..: f;�.,t ,iiwt•s•ay aaa:�.i.t`+,,ri>t .:.1t4fL4rc:A, vr,��!ds•�t ,.F•tikefi:�::iaik5�6a:LFA'arn7Fe.Yv7'ift"k;1r:ksirc.`YT: Red Robin Gorrnet Burgers& Restaurant 6120191 None Sun-Thur, 100'res. Yes YesTo Yes Spirits Ilam—11pm; 300'othr est 12196) 3015 El Camino Real Fri-Sat,11 am— 500'chrch (714)544-2060 12 am Attachment E RESOLUTION NO. 3655• A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT,98-029 AUTHORIZING APPROVAL TO OBTAIN•AN ABC LICENSE (TYPE 47) FOR - THE ON-SITE SALE ' AND , CONSUMPTION OF BEER,. WINE AND DISTILLED SPIRITS IN- 'CONJUNCTION WITH A NEW RESTAURANT. I. The Planning Commission finds and-,determines as follows: A. ' That a proper application for Conditional Use Permit 98-029, was fled by Larry Smith, requesting authorization to obtain a license for the on-site sales amnd consumption of beer, wine and distilled spirits (ABC License Type "47") in conjunction with a new existing restaurant located at 14131-Red Hill Avenue, Tustin. B: That a°public hearing was duly called, noticed and held on said application on February 8 and February 22, 1999 by the Planning Commission.- C. That the proposed restaurant use is allowed within` the C-1 (Retail 'Commercial) Zoning District, with the approval of a Conditional Use Permit. D. That the establishment, maintenance, and operation of the 'use-'applied for 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 a detriment to the property�and improvements in the neighborhood of the subject property, nor . to- the general welfare of the,City of Tustin as evidenced_ by the following findings: 1. The proposed project, as conditioned, °complies with adopted. Planning Commission guidelines for. alcoholic beverage sales establishments which have been established and consideredto mitigate potential impacts associated with the sale of alcohol in conjunction with restaurants. 2. ` As conditioned, the sale of alcoholic beverages would be limited to on-site consumption only, inside the restaurant. Sales of alcoholic beverages for off-site consumption is prohibited, due to the proximity of the site to residential uses, which is less than 300 feet. 3. The sale of alcohol would only be authorized in conjunction with a restaurant use. 4. Sales of beer, wine and distilled spirits will be permitted only.when._ food is available. Food provided will be prepared on the premises. 5. - No-coin operated. . games or pool/billiard tables shall be permitted on the restaurant premises. . 6. . Sexually oriented business shall not be permitted on the premises. 7. All persons serving :beer, wine and distilled. spirits will be eighteen- (18) years of age or older and supervised by someone twenty-one . (21) years of age or older. The 'supervisor will be present in .the same area as point of sale. RT.CnT TTT11nN Nn_ 165S - V RRUARY 22. 1999 r Resolution No. 3655 Conditional Use Permit 98-029 February 22, 1999 Page 2 8. To increase the 150 seats within the restaurant, a parking summary shall be submitted and approved by the Community Development Department prior to installation. E. That this project is Categorically Exempt from. the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). F. That 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. 11. The Planning Commission hereby approves Conditional Use Permit No. 98-029 authorizing the on-site sale and consumption of beer, wine and distilled spirits (ABC License Type "47") in conjunction with a new restaurant located at 14131 Red Hill Avenue, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 22nd day of February, 1999. LESLIE A. PONTIOUS Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE' ) CITY OF TUSTIN ) - I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3655 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of February; 1999. • ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION 3655 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 98-029 - GENERAL (1) 1:1 'The proposed ,project shall substantially conform with the 'submitted plans date stamped February 22, 1999, on file with the Community Development Department, as herein modified, or ;as modified - by , the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to the plans during plan check if such modifications are to be consistent with the_provisions.of the Tustin.City Code. , (1) 1.2 Conditional Use Permit approval shall become null and void unless an Alcoholic Beverage Control License Type "47" is obtained from ABC and the sale and consumption of'beer and wine commences within twelve (12) months of the date of this exhibit. Time extensions may be,granted by the Ccmmun.ity_Develop ment;Department if a written request is received by the Community Development Department within thirty.. (30) days prior to expiration. (1) 1.3 Approval of Conditional Use Permit 98-029 is contingent upon the applicant signing and returning an "Agreement to Conditions imposed" form as established by the Director of Community Development. (1), 1.4 Conditional Use Permit 98-029 authorizes ABC License Type "4T' for the on-site sale and consumption of beer, wine and distilled. spirits only: The sale of alcoholic beverages for off-site consumption is prohibited. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. (1) 1.6 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project,. subject.to review and approval of time Community Development Department. (1) 1.7 Conditional Use Permit 98-029 may be reviewed on an annual basis, orY more often if necessary, by the Community Development Director. The Community Development Director shall review' the use to ' ascertain compliance with conditions'of approval. If the use is;.not operated in accordance with Conditional Use Permit 98-029, or is found to be a nuisance or negative impacts are affecting the surrounding neighborhood, a the Community Development Director shall impose addditional .conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to •revoke'the Conditional Use Permit. SOURCE CODES` (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION -(6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PCICC POLICY (4) DESIGN.REVIEW *** EXCEPTION Exhibit-A Resolution No. 3655 Conditional Use Permit 98-029 February 22, 1999 ' Page 2 (5) 1.8 An•audited financial- statement. separately identifying gross sales of food and alcohol, must be submitted to the Community Development Director for review annually. The gross receipts• of food sales must exceed the gross receipts of alcohol sales. {^�+c,^ ^^^i,+^'r ';,,,^,�^ +^ be ^„t,s'd^ra.+ ^^^^oobn, • and of berdinat6 tp the Festa, Fan+ If gross receipts of alcohol exceed food sales, the Community Development,Director shall initiate, proceedings to revoke the Conditional Use Permit. ,(1) 1.9 Any violation of any of the conditions imposed.is subject to-the imposition of a civil penalty.of $1'00:00"for each violation and each day the violation exists. r (1) 1.10 The applicant shall be responsible for costs associated with,-any necessary code enforcement action. USE RESTRICTIONS' (3) 2.1 No off-site sale or consumption-of alcohol for any•type of ABC license is _. authorized-All alcoholic;beverages shall be consumed on-site. ' - (5) 2.2 =6.ehalir, beYe�4-� rnar n^+ lea sewed eF Gens �med 'eut ide of the' ' LTT [TTL . Nooutdoor seating shall be permitted unless a separate Conditiona[,Use Permit is approved:pursuant to.the current provisions of the Tustin,City Code. (2) 2.3 Hours of•sales of alcoholic beverages shall be limited,to the hours when food is,available. Full service of food menu items shall be available ire within the entire restaurant �e during,all business hours. (2) 2.4' Operating hours shall be. consistent with the other businesses within the commercial center. The closing hours shall be'Iimited to 11:00!p.m. Sunday through Thursday.and 12:00 a.m. Friday and Saturday. (2) 2.5 The menu of the restaurant shall consist of foods.tthat are=prepared on the premises. , (1) 2.6 All persons selling alcoholic.beverages shall be eighteen-(18) years of age or older and shall be supervised by someone twenty one (21) years of age or older. A supervisor shall be present'in same area as pant of sale. (2).__2.7-___PatFens that erdeF a16eh9l1G beyeFages eRly must be seated thin seeklag (5) 2.7 The maximum number of seats shall comply with the number of available- off-street parking spaces within the entire center. A request for additional seats requires submittal of a current 'parking summary, which must be reviewed and approved by the Community Development Department prior to increasing the number of seats. Exhibit A Resolution No: 3655 -Conditional Use Permit 9&-029 February 22, 1999 Page 3 (-2-)-2.9--The--GGGktail lounge Gan perm-they Minn hrsuFs of the (2) 2.8 Live. entertainment,and,public,dancing shall be located entirely within the interior of -the• restaurant during normal. business hours. No sexually oriented business shall be conducted on the premises. ,(2) 2.9 Authorization for the on-site sales of beer, wine and'distilled spirits (ABC License Type "47") is contingent upon the use, of the subject premises remaining a restaurant.. Should .this use change or be discontinued, authorization for this use permit is null and void. (7) 2.10 There shall be no coin operated video games andn pool / billiard tables on -the premises. (5) 2.11 The applicant shall obtain a Public Dancing Permit and an Entertainment Permit from the Community Development Director prior ,to offering public dancing and Iive entertainment on the premises. " (5) 2.12 - Any bar located within the facility shall function as a food/beverage service bar. (7) '.. 2.13 . No "bar'seating" shallbe permitted on the premises. R 2.1'4` . ; (7) 2.14. The entire facility, which includes all three (3) levels, shall operate exclusively as a restaurant at all times. SITE PLAN, FLOOR PLANS & ELEVATIONS & baF l.-Gated in the main fleei;dining li6ei:n nh+;ll be rnw.ey,ed- [v� TF'.��.... .vnu vvnr�nurrorc,.-r+�r��v�u��� (4) 3.1 Exterior_elevations of the building.,shall indicate any existing or proposed. fixtures or equipment to be located on the roof,of the building, equipment heights and type of screening. All roof mounted equipment, vents, exhausts or other roof penetrations' shall. be Iodated a minimum of 6 inches below the top of parapets.' (3} 3:2 Three`(3) inch striping detail- shall be' shown-for all parking spaces. Handicapped markings shall' be provided -on the designated accessible parking space. Exhibit A Resolution No. 3655 Conditional Use Permit 98-029 -- . February 22, 1999 Page 4 (5) 3.3 The project shall meet all applicable requirements set forth in the Tustin Security Code relating to commercial structures, including lighting and , locking devices. The City's Security Ordinance requires that lighting at exterior doors, driveways, and parking areas shall provide a minimum of one (1) foot-candle of illumination. All exterior lighting shall be consistent with. the center- and arranged so as. not to direct fight or glare 'onto adjacent properties or streets. BUILDING DIVISION (3) 4.1 In compliance with the Uniform Building Code (Application for Permit) and prior to the issuance of a building permit,,the applicant, designer, Architect or Engineer must submit building plans to the,Building Division for review and approval._ (3) , 4.2 In compliance with the California Code of Regulations, Title 24 Part 2, Accessibility Standards, .and prior to the plan check approval, the;'.:, designer, Architect or Engineer must provide designs for accessibility. #or„_:. the physically.challenged to the Building Division for their review”arid approval prior to the issuance of a building permit. (3) 4,3 In compliance with the Department of Justice (Office of the .Attorney General) this condition is for the accessibility for the proposed project, the designer, Architect or Engineers proposed project must comply with the Americans with Disabilities Act (ADA) (Federal Register). (3) 4.4 In compliance with the Tustin City Code, (Health ,Code) and prior to the issuance of a building permit, the designer, Architect or Engineer must submit plans to the Orange County Health Department for project approval; and must submit the approved plans to °the City of Tustin Building Division fo'r their review and approval prior to the issuance of a building permit. - FIRE (3) 5.1 Prior to the issuance of any building permits, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief ,prior to issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. Exhibit A Resolution No. 3655 Conditional Use Permit 98-029 February 22, 1999 Page 5 (3) 5.2 Street Markings: A. Prior to the issuance of any grading permits, the applicant shalt submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the locations of red curbing and signage. A_drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background-color shall be submitted to and approved by the Fire Chief. B. Prior to the issuance of the certificate of use and occupancy the approved fire lane marking plan shall be installed. The plans shall contain a fire lane map and provisions which prohibit parking in the fire lanes. A method-of enforcement shall be included. (3) 5.3 Prior to installation, plans for an approved fire-suppression system for the protection of commercial-type cooking-equipment shall be submitted to the Fire Chief for review and approval. FEES (1) 6.2 Prior to the issuance of any building permits, payment shall be made of all applicable building and Orange County Fire Authority plan check and permit fees to the Community Development. Department, based on the most schedule.current fee ' (5) 6.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashiers check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination. under the provisions of the California Environmental Quality Act could be significantly lengthened. s:pereso12nd36551_L.doc T BERNARD&Assomus A WESSIONAL ASSOCIATlOY OF MERN,DWA TOMz-YS ATTORNEY'S AT Law 3001 m-A>;Huki;oULEVARD sur:'R7s4 NTWPORI MACK CAUM NIA 45367 TELEPHONE (949)263-IS)1 PACSIMILE(949)243.0229 February 22, 1999 Members of the Planning Commission City of Tustin Re: Conditional Use Permit 98-029 1413 1:Red Hill Avenue,Tustin Red Hill Restaurant Dear Distinguished Planning Commissioners: The purpose of this letter is to briefly outline the differences that the,applicant has with the conditions of approval as proposed by the planning staff and offer alternative conditions that mitigate the concerns raised by this application This letter i9 sent pursuant to discussions held by the Planning Staff and the Applicant as requested by the Planning Commission at the meeting of February$, 1999. The result of the meeting between the Staff and the Applicant has produced a very disappointing draft resolution and report from my client's perspective. In short,the proposed conditions of approval and resolution are now more burdensome and harsh to the point of killing a business before it has an opportunity to start, Proiect Description The proposed project is for a full service"New Orleans"themed restaurant that will provide fine dining and entertainment for the local and surrounding community. The restaurant is being developed in a location that previously provided dining and entertainment in a very similar manner as proposed by the applicant. The restaurant has three(3)distinct rooms on different levels forpat%on service. Top Level Dining Room: Dining/banquet room with fireplace and'no fixed - beverage bar; Main Level Dining Room: Dining area with small fixed oyster and beverage bar. The dining area consists of booth and table seating. The room will also provide up to five(5) video games and two(2)billiard tables,if permitted; Lower Level Lounge: This area is a dedicated dining and lounge area with a fixed bar,small dance floor for patron dancing, ATTACHMENT B - MARCH 8, 1999;, Letter to Planning Commission Febluairy 223 190 Pane 2 of 4 and small stage area for lire entertainment' The area is:basement;room with no exterior window-§or ' doors. Proposed Conditions The applicant,is in general agreement with the Conditions of Approval as proposed by the Planning staff. However,the applicant requests the Planning Commission consider the following proposed changes(italics and'underlined3: 1.4- Conditional Use Permit-98-029 authorizes ABC License Type"47"for the on-site sale and consumption of beer,wine and distilled spirits only. The sale of alcoholic beverages for off-site consumption is prohibited,except gMaLally consumed bottles o wine as germittyd bY the ABC Act_ Rationale: The ABC Act specifically provides that patrons can take a'. partial consumed bottle of wine from a licensed premise. 1.9 Af aiAiw4 financial statement separately identifying gross sales of food and alcohol must be submitted to the Community Development Director for review annually. The - y moss receipts of food sales must exceed the , gross receipts of alcohol sales. In the event the Applicant offers fgod s ecials such as di counts 'the Applican_t shall he ]load to colculQre oss food recei is based on the actual food value. If gross receipts of alcohol exceed food sales,the Community Development Director shall ' initiate proceeding to revoke the Conditional Use Permit. Rationale: In this extremely competitive industry,special pricing and, . 'Offers of discounts are a_normal part of marketing and operations. Yet if the Applicant is not allowed to calculate food receipts based on the full actual value,the Applicant is penalized even though the same atntsunt of food is screed. 2.1 No off:site sale or consumption of alcohol for.any type of ABC license is authorised. All alcoholic bbvcrages shall be consumed on sit ee, xce�r porrially consumid botiles ofwfni as permitted b 'the ABC Act Rationale: The ABC Act specifically provides that patrons can take a partial consumed bottle of wine from a licensed premise. 2.3 Hours of sales of beer,wine and distilled spirits shall be limited to the hours when food is available:or otherwise permitted herein. Full service b , LCUCr to Piaming Commission February 22; 1949 Page 3 of 4 of food menu items shall be available in the restaurant during all business hours until Qne(1) hours prior to close Rationale: This allows the operator of the restaurant flexibility regarding starting the clean-up of the kitchen area. 2.4 Operating hours shall be consistent with the other business within the commercial center. The closing hours shall be limited.to 2:00 a.m. seven days a weeks Rationale; The ABC Act specifically provides that licensed a premise can sell and serve alcoholic beverages until 2:00 a.m. In this case,there are other restaurants in the area that.close at 1:30 a.m.-to 2:00 a.m.and other businesses in the center and surrounding area that are open 24 hours. 2.7 Request a determination of the maximum seating capacity laascd on the current parking summary that was submitted with the application. Rationale: The Applicant has provided the current parking status. 2.10 A maximum of five coin operated video games and two billi rd rables shall be permitted within the main floor dining room. lle�shal!be Be Rationale: The restaurant concept includes amusement devises in the main dining area very much like that of"Dave and Busters" or"Game Works"restaurants. The dining room would still be primarily devoted to dining tables and food service. 2.13 Delete in its entirety.' Rationale: It is unreasonable to require that patron must stand at a fixed bar area. All other restaurants in the arca are permitted to provide barstool seating at a fixed bar, whether for food,beverage or both. Leiter to Planning Commission February 22, 1999 Page 4 of 4 2.14 Delete and replace with the following: The urwer dining level may close at 10: Q .m. and the main dining area and lounge area shall close at 2'.00 am Rarlonale: There are other restaurants in the area that are permitted'to close dining areas prior to their bar areas and it also permits an operator to.begin cleaning at a reasonable time. The Applicant agrees with the balance of the proposed conditions of approval and respectfully requests your consideration of the above changes. Tbank you for your sincere consideration of the request. Respectfully submitted, CHAEL C.CHO BERNARD &ASSOCIATES A PROF 16VAL ASS0C61I1o'of imsPENDENT ATIoxNEYs ATTORNEYS AT LAw 199)NIACAWTHMSOULEVARD.SUmiflo NEWCAT BEACX CAMOIlN[A mal) TELEPHONE {949}263.1511 FACSIMILE{939):63-0229 FACSIMILE TRANSMISSION DATE: February 23, 1999 TQ: Elizabeth Binsack,Director Omar Sandoval,Deputy City Attorney COMPANY: City of Tustin Woodruf,Spradlin& Smart . RECIPIENT'S FAX NO.: 714-573-3113 714-565-2549 FROM: MICHAEL C. CHO RE: Red Hill Restaurant Off-Sale Issues TOTAL NUMBER OF PAGES BEING SENT INCLUDING THIS COVER SHEET: 3 CONFIDENTIALITY NO'T'ICE: The documents accompanying this telecopy transmission contain confidential information belonging to the sender which is privileged. The informarion is intended only for the use of the individual or entity named above. If you are not the intended recipient,you are hereby notified that any disclosure,copying,distribution orthe taking of any action in reliance on the contents of this tohecopied information is strictly prohibited. If you have received this telecopy in error,please immediately notify us by telephoning to arrange for she return of the documents to our office. LREMARKS: Ms.Binsack and Mr. Sandoval: Following is a copy of Busincss&professions Code ons 23396.5 and 23401 that relate to the removal of partially consumed bottles of wine and ale privileges for on-sale licensees. Thank you for your time. MCC If you have any problems receiving this transmission,please call(949)263-1511. ATTACHMENT C - MARCH 8. 1999 ALCOHOLIC BEVERAGE CONTROL ACT n any bona Ede public eating place for which an on-sale license has been issued unless the•premises comply with the req*='ucnts prescribed in Section 23038,23038.1,or 24045.1. xE�r.bran LSWC4 tra oo MMA JAn"Y t+sq..oa.a,le...eMA tmmena�and,fOL ff�t>;in Nt L"P i-h 'etlw m+n bowe In VWWW ownnna&guts Nat ck tlL to elf.,rlo..n.t r� Nd aUkMr thM twrt'and=&I.ann.nM Ck it&in Hftot M&nrnber%t%%-nc wqd z*jj. L Hestzicted servim ledging establishments. (a) An on-sald enerai lie for restricted service lodging establishments authorizes se hotels and m Is described in.subdivision (b) to sell or famish alcoho' beverages for co ption on the premises by means of:,, (1) Co access alcoholic beverage cabinets 1 in guestrooms, subject to condiHow specified in Section.23385.2. (2} alcoholic beverages only to thenc guests andtheir m invitees under ' custances where the unifyeir cost of the alcoholic beverages iS incl ed in the price of the ove t transient occupancy accaimmodation,w ther or not separately s ed. (b) For purpose of this division, a r` estricted service lodging ��establishment"713.4"ho or motel,within' a meaning of subdivision (f) of Sectiau,233552,which eels all of th foldwing conditions: y� (1) It does riot operate a ona fide e g place-or other public premise. (2) It has at least 10 gues oom a riunodations. ' (3) It does not derive mor th 5 percent of its total gloss annual ' revenues from sales of alcoholic verages. (c) A premises licensed p to this section shall not be authorized to:sell or furnish alcoholic b erag to the general public,shall not he entitled to a caterers pe. pursuan Section 23399,and small not be entitled to exercise any sale privileg pursuant to Section 23401.The provisions of Article 2 mnnencing with ection 23813) of Chapter 5 do not apply to the' ee of on-sale general ceases for restricted service lodging establis nts.An on-sale'general stricted service lodging. establishment li may be tran&Ferred to anoth but not to another . location.A lice ee speeified.in this section shall urchase-no alcoholic beverages for e*in this.state other.than from a who or winegrower licensee. (d) An fur an original on-sale general license.for ted service lodging stablishmenh shall„at the time of filing the app ation for the accompany the application with a fee of six thousand do 06,000). 'The ual renewal fee for a license issued pursuant to this se 'on shall, b e same as the applicable annual renewal fee for an on-sale neral "[.MM-"ed br.tu is alit,cR T&In r1int donwrr L IML `?33962. Removal of opened wine battle. Notwithstanding any other provision of law,any on-sale licensee,which maintains a bona Fide eating place;in conjunction with such license,may allow any person who has purchased-and partially consumed a bottle of wine to remove such partially consumed bottle from the premises upon departure: 7tt1tary+-dd@d by aids UK CN.r4 in @acct Newry s � ' 74 ALCOHOLIC BEVERAGE CONnOL ACT r Hr•QFr--oua TM to W.In off= r.nU.rY t,na ewrl o.sic.oe 4,m„�ej�a,k,ar„s.wa hr CMf6—tq M.h•With#M&WW fft-%@ctona And MMW1W*Mena.. 23401. Off-39)e privileges under on-sale license!. Anon-sale general license,with respect to beer and wine,'and'any on-sale license,with respect to the particular beverage or.beverages mentioned,in the license, also authorizes the exercise of therights and privileges granted by an off. i sale beer and wine license;provided,however,that a daily on-sale general license issued pursuant to Section 2 W-1�.shall not authorize the foregoing tights and privileges.None of the i licensees mentioned in this.section rosy, by reason of any license mentioned in this section,label,bottle,package, or reel,6ny package with any alcoholic beverage. N ryr-dau"OL Cfw I I=In rMsea IYawwb.e 16 v0,fn�fu/a Orerlafon nivioUn f C.r+rrly.•of t.Rl'a� .. nI•p.n•rar Ik•n.•. .- - . 23402. Purchases by retail licensees. No retail on-of off-sale Ifcens ox pt a daily on-sale general licensee holding a license issued.p ant to tion 24045.1,shall purchase alcoholic beverages for resale fr any persa ekcept'a,person holding-a beer manufacturer's,wine ower.S, rectifier brandy manufacturer's,or wholesaler's license. • - _ Mi,ary.--s4 ,rl.da!�L fn�fffae�i.Rau.r tL Sa7../d.4'4nadlr tn.��trrK., 'ti�,CR Ittl - - ut.rf.ot M•nVn t41R.ae+r.wc.nnon ror 0•lii•ni•r•psnanl ti••�• ., ... .. - .. ... 23903. Ret ' sale of undenatured alcohol. No re 'censee,except e pharmacy n g store registered with thc.Calif0 'a State'Board of Pharmacy,Ann,se or possess on his licensed pr s any undenaturad alcohol of.any p r compound thereof which' an alcoholic beverage as defined In Section containing more percent of alcohol by volume.Undenatured a! shall be sold at ie or order of the'holder of a d ' the.preend o Y�«an's and n s certificate'or a esltist'a - or veterinariari license,., erson who ' Iates'any of the provisions of ibis section is guilty.of a eanor. ;. 23404. Saleitman violating ac It' unlawful for any salesman to aid or abet in the violation of any of visioru of this division or knowinYly to become a party,either directly directly,in the violation of any of the provisions of this division, 23405. T7rahsforuf.00rporate lc (a) y corporation holding a ho=w ' funder this divam BW Mm I rccord shareholdens at the prindpsl office of the corporation and record of its shareholders shall be available to the parbnent for'inspec ''m Such corporation shall . report to the depsrtrn t in writing any of the (1) Issuance or fer of any shares of stock to yypperson where the issuance or transfer is in the person owning 10 cent or more of the corporate stock„ (2) Change y of the acu'porate officers whi&are uired by,Section 312 of the C Code. - (3) a of the members of w.board of directors. . The re rt shall be riled with the department within 30 d is after the i saace tzansfcr of carporatt3 stor}c,r_hmp in corpora officers, change ."M ars of the board of directors,as the case may be. ( Any lic@nswithin;the purview of this sectionwho.fs ee required by f era!law to report to the federal government under the provisions of ' - 6 RESOLUTION NO. 3655 A RESOLUTION OF THE PLANNING COMMISSION OF,THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE I PERMIT 98-029 AUTHORIZING APPROVAL TO OBTAIN AN ABC LICENSE (TYPE 47) FOR THE - ON-SITE- SALE AND - 2 CONSUMPTION OF BEER, WINE AND. DISTILLED SPIRITS IN CONJUNCTION WITH A NEW RESTAURANT. 3 4 I. The Planning Commission finds and-determines as follows: 5 A. That a proper application for Conditional.Use Permit 98-029, was filed by Larry Smith, requesting authorization to obtain a license for the on-site 6 sales and consumption of beer, wine and distilled spirits(ABC License Type 1147") in conjunction with a new existing restaurant located at 14131 Red Hill 7 Avenue,Tustin. 8 B. That a public hearing was,duly called,-noticed and held on said application on February S, February 22, and March 8. 1999 by the -Planning 9 Commission. 10 C. That the proposed restaurant use Js allowed within. 'the- C-1 (Retail II Commercial).Zoning District,with the approval of a Conditional Use Permit. 12 D. That the establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to .the health, 13 safety, morals, comfort, or general welfare'.of the persons' residing or working in the neighborhood of such proposed use nor be a detriment to the i4 property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following IS findings: 16 1. The proposed project, as conditioned,. complies with adopted Planning .Commission guidelines for alcoholic beverage sales. 17 establishments which have been established and considered to ' mitigate potential impacts associated with the sale of alcohol in 18 conjunction with restaurants. 19 2. As conditioned, the sale of alcoholic beverages would be limited to 20 privileges'for a type 47, license: Sales of'alcoholic beverages for off-site consumption ,is prohibited except-,as authorized in the 21 Business& Professional.Code Section 23396.5. 22 3. The sale of alcohol would only be`;authorized ih conjunction with a restaurant use., 23 4. Sales of beer, wine and distilled spirits will ,be permitted-only,when 24 food is available. Food provided will be prepared on the premises. 25 5. Granting of a temporary use permit to allow up to five coin 26 operated games, two poollbilliard tables and a total of 16: "bar seats" on the restaurant premises shall be for six months- 27 commencing on March 15, 1999. During this temporary period, the Planning Commission shall consider:if it is appropriate to 28 amend the Alcoholic Beverage-Sales Establishment Guidelines to . allow "bar seating", coin operated video games. 'and 29 'poollbilliard tables. Granting of the temporary use permit does -not guarantee that "bar seating", coin operated video games and poolibilliard tables will-be permitted for a period longer than as stated in Condition 2A 0 of this resolution.The applicant has Resolution No.-3655 Conditional Use Permit 98-029 March 8, 1999 1 Page 2 2 w agreed to remove these amenities and improvements 3 immediately at his sole expense if the Planning Commission does not amend the Alcoholic Beverage Sales Establishment 4 Guidelines to permit these amenities and improvements::, 5 6. ' - , The applicant has, not irequested approval to"��locate any sexually` 6 oriented business or use within the proposed restaurant. :In addition,` sexually oriented' businesses are not permitted within the Retail'., 7 Commercial (C-1) zoning. district.. ` Therefore, no sexually oriented. -businesses will be conducted on the premises. °s 7. All persons serving beer, wine and distilled spirits will be eighteen. 9 - (18) years of age or-older and supervised by someone twenty-one (21) years of age or older. .The; supervisor, will be present in the 10 same area as point-of.sale. 11 8. . A parking summary will be submitted and approved by the Community Development Department if any increase in the 150 12 seats is proposed. 13 E. That this project is. Categorically Exempt from the requirements of the - 14 California EnvironmentalQbality.Act, pursuant to Section 15301 (Class 1). 15 F.,- That 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 16 consistentwith the Air Quality Sub-element. 17 II. The Planning,Commission hereby approves Conditional Use Permit No. 98-029 authorizing the on-site sale and consumption of beer, wine and distilled, spirits 1s (ABC License Type "47") in conjunction with .a new restaurant located at ,14131, Red Hill. Avenue, subject to the conditions contained within Exhibit A, attached 19 hereto. " 20 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular 21 meeting held on the 8' day of•March, 1999. 22 23 LESLIEA. PONTIOUS 24 Chairperson 25 ELIZABETH A. BINSACK 26 Planning Commission Secretary 27 28 29 ' t f Resolution No. 3656 Conditional Use Permit 98-029 March 8, 1999 1 Page 3 2 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 4 CITY OF TUSTIN ) 5 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3655 was 6 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held 7 on the 8t' day of March, 1999. s 9 10 ELIZABETH A. BINSACK Planning Commission Secretary 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 EXHIBIT A ` RESOLUTION 3665 t CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 98-029 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans date stamped March 8,' 1999, on file with the Community Development Department, as herein modified, ,or as" modified by .the Director of Community Development Department in_accordance with this Exhibit. The Director of Community Development may also approve minor modifications to the,plans during plan check if such modifications are.to be consistentwith the provisions of the Tustin City Code. (1) 1.2 Conditional 'Use Permit approval shall become null and void unless an Alcoholic Beverage Control License Type 47 is obtained,from ABC and the sale and-consumption of beer andr wine commences within twelve (12) months of the date of this exhibit. Time:extensions maybe granted by the Community Development Department if a written request is received by the Community Development Department within thirty (30)` days prior to expiration. .(1) 1.3, Approva[of Conditional,Use Permit 98-029 is contingent upon the applicant signing and returning an "Agreement to Conditions, Imposed" form as ,. established,by the Director of Community Development. (1) 1.4 Conditional Use Permit 98-029 authorizes ABC License Type "47". The sale ofalcoholic beverages for- off-site- consumption 'is prohibited, except partially consumed bottles of site, as authorized in the'Business and Professional Code Section 23396.5. (1) 1.5 The applicant "shall hold harmless and,defend the City of Tustin from all claims`and-liabilities arising out.of a challenge of the City's approval of this project. (1) 1.6 Unless otherwise specified, the conditions contained-in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to,review and approval of the Community Development Department. (1) : 1.7 Conditional Use Permit .98-029 may be reviewed on an-annual basis, or more often if necessary, by the* Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the. use is".not operated in accordance with Conditional -Use Permit 98-029, or is found to be a nuisance or negative impacts.are affecting the surrounding:neighborhood, the Community Deveiopment Director shall impose additional conditions to eliminate the nuisance or-negative impacts, or,may initiate proceedings to revoke the Conditional Use Permit. 5 SOURCE CODES , (1) STANDARD CONDITION _(5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES - (3) UNIFORM BUILDING CODEIS '(7) PCICC POLICY {4) DESIGN REVIEW EXCEPTION Exhibit A Resolution No. 3655 Conditional Use Permit 98-029 March 8, 1999 Page 2 (5) 1.8 An---Audited financial statements and schedules separately -identifying gross sales of food and gross sales of alcohol, must be submitted to the Community Development Director for annual review. The,gross receipts of food sales must exceed ,the gross receipts of alcohol 'sales. -If gross receipts of alcohol exceed food sales, the Community 'Development Director shall initiate proceedings to revoke the Conditional Use Permit. • (1)• 1-.9 'Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.10' The applicant shall,be responsible for costs_ associated with any necessary code enforcement action. (1) 1.11 "The applicantshall post security1n the amount of $2,500 for a period of nine months in the form acceptable to the City Attorney'securing the removal of the 'bar• stools and the .poollbilliard tables temporarily approved'herein for period of no more than six months. The amount of said security is the estimated legal and administrative. costs associated with the enforcement of the temporary approval, including the estimated costs of removing the,temporarily approved bar stools ' and billiard tables. If the City extends. the time of the temporary approval, the applicant shall post new or extended .security, which security shall expire no earlier than the 90' day following the expiration of the approval extension, and the amounts thereof may then be adjusted to-reflect any new estimated costs associated with the enforcement of said temporary approval. USE RESTRICTIONS (3) . 2.1 No off-site sale or consumption of alcohol is authorized, except partially consumed bottles of`wine as authorized in Business and Professions Code-.Section 23396.6. (5) 2.2 No outdoor seating shall be permitted unless a separate Conditional Use Permit is approved pursuant to the current'.provisions, of the Tustin City Code. .(2) 2.3 :Hours of sales of alcoholic beyerages'shall be limited to the hours when food is available. €-A Service of food menu items shall be available within thp,tZnfire restaurnnf nnrl Irtr rnna during all business hours. (2) 2.4 Operating hours shall be consistent with the other businesses within the commercial center. The closing hours shall be limited to 11:00 p.m. Sunday • through Thursday and 12:00 a.m. Fridayand Saturday. z (2) 2.5 The menu of the restaurant shall consist of foods that are prepared on the premises. (1) 2.6 All persons selling aldoholic beverages shall be eighteen (1.8) years of age Exhibit A ResolutionNo. 3655 -� Conditional Use Permit 98-029. March 8, 1999 Page 3 or older and shall be supervised by someone twenty one-(21) years of age or older. A supervisor shall be present in same area as point of sale. (5) 2.7 ' The,maximum number of'seats shall comply with the number of available off-street parking spaces within the entire center. A request for additional seats requires submittal of a current parking. summary, which must be reviewed and approved,by the Community.Development Department prior to increasing the number of seats. (2) 2.8 Live entertainment and public dancing shall be, located.entirely within the interior of the restaurant during normal business hours. No sexually oriented business shall be conducted on the premises. (2)�` 2.9 Authorization for the on-site sales of beer,-wine,and distilled spirits (ABC License Type "47"). is contingent upon the .use of the subject premises remaining a restaurant. - Should this use 'change or .be discontinued, authorization for this use permit is null and void. (7) 2.10 Drill he r,e nein enor'+}orl trirtnn games and Re pepl aillarrl tables on }he raromi1; A temporary use permit shall be granted for a period of six months, or until amendments"to the Alcoholic Beverage Sales Establishment Guidelines, regarding "bar seating",' coin operated video games,and poollbilliard table regulations, have been adopted, which ever time' frame is shorter.' ,The six month - period shall commence from March 15, -1999. ' The, temporary use permit shall allow '12 "bar seats" within the lounge area and.4 "bar seats" within the main level dining room, up to-five coin operated video games and two poollbilliard tables (also ' referred- to as amenities and improvements) on the premises. If'the Guidelines are amended to allow the "bar seating", coin operated video games and poollbilliard tables, the Community DevelopmentDepartment can' approve the . amenities and improvements administratively. If the Guidelines are not amended to allow "bar seating", coin operated video games and i poollbilliard tables;'then`the Temporary Use Permit is null and void and these "bar seats", coin operated video games and poollbilliard tables shall be removed, within ten -(10) days of the Planning Commission's determination at the owner's sole expense. (5) 2.11 The applicant shall-obtain.a Public.Dancing Permit and an Entertainment Permit from the .Community ,Development Director-prior to offering public dancing and line entertainment on the'premises. (5) 2.12 Any,bar located within the,facility shall function as a food/beverage service bar. 22.43 AI., °bar ce`e}inre"ch711 be neArml}ort nn }lia premises-. . (7)' , 2.14 The entire, facility, which includes ail..,three (3) levels, shall operate. exclusively as a' restaurant. During business hours, at least-80% of the premises shall be designed and- used for and. must posses the necessary utensils, table service and condiment dispensers with ; which to serve meals to the public.-' (1). 2.15 "No,Loitering"signs shall be posted at the entrance of the business. Exhibit A Resolution No. 3655 Conditional Use Permit 98-029. - March 8, 1999 Page 4 (1) -2.16 All litter shall be removed from'the exterior area around the premises including adjacent public sidewalk areas and parking,areas no -fess frequently than once each day that,the business is open. (1) , °2.17 Public,telephones inside and adjacent to the establishment shall be modified to,prevent incoming calls.- SITE alls.SITE PLAN, FLOOR PLANS & ELEVATIONS (4) 3.1 Exterior elevations of.the 'building shall 'indicate any existing or proposed fixtures,or equipment to be located on the roof of the.building, equipment -heights and type of screening. All roof mounted equipment, vents,, exhausts or other root penetrations-shall be located 0,-minimum of 6 inches below the,top of parapets. (3) 3.2 - Three '(3)' inch striping .detail shall. be' -shown for all parking spaces. . Handicapped markings shall, be provided on the designated accessible -parking,space. '(5) 3:3 The project shall meet ail applicable requirements- set forth in the Tustin Y Security Code relating to 'commercial: structures, including lighting and locking devices. . The City's Security Ordinance requires that lighting at exterior doors, driveways, and parking areas:shall provide a minimum. of one (1) foot-candle of illumination. All exterior lighting shall be consistent with- the center- and -arranged -.so as: not to direct .light or glare onto adjacent properties or-streets. (1) 3.4. Plans for a trash, enclosure shall be submitted to'-the Community Development Department for review and approval. The plans shall include• information regarding theproposed self-closing and self- latching gate, size dimensions, setbacks, colors and materials. The trash enclosure shallbe at least six (6) feet in height and comply with the Great Western 'Reclamation standards. The trash enclosure size shall have the ability to`accommodate the City's recycling program. (1) - 3.5 The existing landscape planters on -the site shall *be repaired, irrigated and planted. The planters and landscaping materials shall be continuously maintained in an appropriate manner. An automatic .irrigation- system shall be, installed,and the landscaping shall be watered on a regular basis. All weeds and dead landscaping shall be removed immediately; replaced, and maintained'with.healthy plants. (1)_ -3.6 The existing .monument sign for the ,restaurant shall be repaired,. painted, and/or replaced. A new sign shall comply with the City of Tustin Sign Code. Plans shall be submitted to the Community Development Department for review,'approval,and permits. Exhibit A Resolution No. 3665 Conditional Use Permit 98-029_ March 8, 1999 - Page 5 BUILDING DIVISION (3) ' 4.1 In,corrmpliance with the Uniform Building-Code (Application for Permit) and prior to the issuance of a building permit, the applicant, designer, Architect or Engineer must submit building plans to the, Building Division for review and approval. . a . (3) 4.2 In compliance with the California Code of Regulations, Title 24 Part 2, Accessibility Standards, and prior to the plan check. approval, the designer, Architect or Engineer must provide designs for accessibility for the physically challenged to the Building Division for their review and approval prior to the issuance of a.building permit. •(3) 4.3 do compliance with thea Department' of Justice (Office of the Attorney General) this condition is for the accessibility for the proposed project, the designer, Architect or Engineers proposed project must comply with the Americanswith Disabilities Act (ADA) (Federal Register). (3) 4.4- In compliance with -the Tustin City Code, (Health Code) .and prior to the issuance of a building permit, the designer, Architect or Engineer must submit plans to the Orange County Health Department for project s approval; and must, submit the approved plans to the City of,Tustin Building Division for their review and approval prior to the issuance of a building permit. FIRE (3) 5.1 Prior to the issuance'of.any building permits, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate y whether it is public or,private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. Provisions shall be made by the applicant for the repair and. maintenance of the system, in a manner meeting the approval of the Fire Chief. (3) 5.2 Street,Markings: A. Prior to the issuance of any grading permits, the applicant shall submit and obtain- approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the1ocations of red curbing and signage. A drawing.of the proposed signage with the •height, stroke and color. -of; lettering and the contrasting background color shall be submitted to-and approved by the Fire Chief. ExhibitA Resolution No. 3655 Conditional Use Permit 98-029 March 8, 1999 Page 6 B. Prior to the issuance of the certificate of .use and occupancy the approved fire lane marking plan,shall be installed. The plans shall, . :contain a fire lane map-and provisions which prohibit parking zin the fire lanes. A method of enforcement shall be included. (3) 5.3 Prior to installation; plans for an approved fire-suppression system for the protection of commercial-type cooking equipment shall be submitted.to the Fire Chief for review and approval. FEES (1)- 6.2 Prior to the-issuance of any building permits, payment shall be made of all applicable building and Orange County Fire Authority plan check and permit fees to the Community Development Department, based on the most - current fee schedule. (5) 6.1 Within forty4ght(48) hours of approval of the'subject project,:the applicant shall deliver to the Community Development Department,;a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars)- to- enable the. City to, file the appropriate environmental documentation for the project. if wiithin such forty-eight(48) hour period that applicant has not delivered to the Community Development Department the above noted check, the statute of limitations for any interested party to challenge the environmental 'determination under the. provisions of the California Environmental Quality Act could be significantlytlengthened. s:pereso13655LL3rd.doc ITEM 3 r XTE: MARCH 8, 1999 I n t e r- C O m , � TO: CITY OF TUSTIN PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: ABOVE GROUND CABINETS DESIGN GUIDELINES AND ORDINANCE RECOMMENDATION That the Planning Commission adopt Resolution No. 3652 recommending that the City Council approve the Above Ground Cabinet Design Guidelines and Ordinance No. 1213. BACKGROUND The City of Tustin is currently served by two cable television companies(Cox Communication and Media One). These companies anticipate upgrading their services by adding high-speed digital telephone and data transmission (Internet) services. The-upgrades will provide recipients with better,quality transmission,reliable video picture;and the option to subscribe to high-speed Internet access and digital telephone services. The upgrades will be provided throughout each delivery service areas which include Old Town Tustin and Tustin Ranch areas. As part of the overall upgrades,installation of new lines and additional equipment such as above- ground cabinets housing the power supply for the service will be required.; Attachment 2 shows a typical cabinet proposed by Media One. These cabinets will be installed within the public right-of- way. The location of the power supply is determined by the size of each node, and the load and voltage requirements for each power line. The installation of these cabinets which includes under- grounding fiber optic lines will require trenching by cutting the streets, removing sidewalks, trenching along the parkways,and possibly boring.of intersections. DISCUSSION Design.Guidelines To address potential visual impacts and safety concerns associated with the•installation of the above-ground cabinets, staff prepared the draft Above Ground Design Guidelines (Exhibit A of Resolution No. 3652). In general, the guidelines address facility location, size, screening, and review process as follows: Planning Commission Report Power Supply Cabinet Design Guidelines March 8, 1999 Page 2 Location ■ Currently there is no policy or guidelines regulating the location of above ground cabinets. Since a number of these cabinets will be located in the public right-of--way, staff recommends several locations in order of preference including locating adjacent to non-residential properties,in the rear or sides of properties, and farthest from curb lines and intersections. The intent is to encourage locations that will.be the least obtrusive to the surrounding area. ■ Provisions also included to restrict the cabinets from encroaching into the disabled access along the sidewalks. Size • Although.the City does not regulate certain particular housing for the above- ground cabinets,regulation on the'maximum size allowed for the cabinet is included. This provision will prevent oversize cabinets from being installed • in the right-of-way. • To allow flexibility, the Zoning Administration may consider a Minor Adjustment or Administrative Variance for cabinets that exceed maximum size by no more than 20 percent when no other technologically feasible alternative exists. Screening ■ Provisions are included requiring screening of the cabinets. Screenings include but are not limited to the use of matching paint, texturing, faux finishing and actual matching building and landscaping materials. ■ Removal of any landscaping to install the cabinets shall be replaced with landscaping materials similar number,type,and size. ■ No signs shall be allowed other. than emergency phone number of the responsible company which will be oriented away from the street frontage. Application Reuirements and/or Restriction To ensure that applicants follow the guidelines once adopted, a Master Plan identifying all proposed cabinets is required to be submitted to the Community DevelopmentDepartment. The installationof the cabinets can occur in several Planning Commission Report Power Supply Cabinet Design Guidelines March 8, 1999 Page 3 phases, however, each cabinet'must be identified within the Master Plan. The Director of Community Development, through a Design Review process, will review the Master PIan. In addition to the Master Plan Design Review application, any installation of cabinets located in the public right-of-way will require an Encroachment Permit issued by the Public Works Department. Authorization Finally, the Director of Community Development is authorized to enforce the provisions of these guidelines. The Director of Community Development will review the Master Plan and phased development in accordance with the design guidelines. The applicant,or any other interested party,may appeal any decision of the Director of Community Development to the Planning Commission in accordance to the appeal procedures indicated in the existing Design Review process (Tustin City Code Section 92720. Ordinance No. 1213 Ordinance No.1213 is included to accompany the Above Ground Cabinet Design Guidelines for above ground cabinets within the public right-of-way. Ordinance No. 1213 is an enabling ordinance which supports the guidelines by outlining findings and mitigation measures for impacts associated with above ground cabinets. The ordinance also.establishes application requirements and designates the Community Development Director as the reviewing authority. Appeals procedures are also included pursuant to Section 9272f of the Tustin City Code. JUsti6 Willkom Karen Peterson Associate Planner Acting Senior Planner Attachments: 1.Resolution No.3652 2.Typical Above-ground Cabinets by Media One 3. Ordinance No. 1213 SACDDIPCRMRT%c=unicauan node cabinetsdoc 1 RESOLUTION NO. 3652 2 A RESOLUTION OF THE PLANNING COMMISSION OF ' 3 THE CITY OF TUSTIN, 'CALIFORNIA RECOMMENDING THE CITY COUNCIL ADOPT ENABLING ORDINANCE NO. 4 1.213, RELATED TO DESIGN GUIDELINES FOR ABOVE. s GROUND CABINETS WITHIN _THE 'PUBLIC_ RiGHT OF WAY. 6 7 The Planning Commission of the City, of Tustin does hereby resolve as follows: s 9 I. The Planning Commission finds and determines as follows: . 10 A. That cable television companies servicing the City are expanding their services by - adding high-speed digital 11 telephone and data transmission (Interriet)services. That the 12 upgrading wil.['require installation of additional equipment such as above ground cabinets'within the public right-of-way. 13 14 B. That currently no ,guidelines are in. place to regulate the location, screening, and safety of above ground cabinets in the public right-of way. 16 C. That guidelines and development standards are needed to 17 promote and protect the public health, safety and general 1s welfare and preserve and enhance- the quality of the City relating to the orderly development of cable television and, 19 internet services upgrade installations. 20 , Il. In approving the.,Above Ground Cabinet Design. Guidelines, the 21 Planning Commission finds and determines: 22 A. That the guidelines provide standards that mitigate impacts 23 typically associated with installation of utility cabinets within the public right-of-way including measures to reduce the 24 visual impact of above ground cabinets. 25 B. That the guidelines require approval of a Master Plan/Design 26 Review process which would ensure that cabinets are 27 developed in;an orderly manner with respect to location, size, and screening. 28 29 , Resolution 3652 Exhibit A Pa-ge 2 2 3 C. That traffic signal control cabinets should be exempted from the guidelines since they are different in nature and function in 4 that they provide for public safety and must be located in close proximity to traffic control devices. s . 6 D. That the Director of Community Development should be authorized to approve, approve with conditions or deny the 7 Master Plan Design Review application. 8 111. The Planning Commission hereby adopts the Above Ground Cabinet 9 Design Guidelines to be followed when considering a Master Plan 10 Design Review application for. the installation of above ground cabinets within the public right-of-way,attached hereto as Exhibit A. t1 12 PASSED AND ADOPTED' at a regular meeting of the Tustin Planning Commission, held on the 81 day of March, 1999. 13 • 4 14 15 LESLIE PONTIUS Chairman 16 17 ELIZABETH A. BINSACK 18 Planning Commission Secretary 19 STATE OF.CALIFORNIA ) 20 COUNTY OF ORANGE ) 21 CITY OF TUSTIN ) 22 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the 23 Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3652 was duly passed and adopted at a regular meeting of 24 the Tustin Planning Commission, held on the 8' day of March, 1999.. 25 26 27 28 ELIZABETH A. BINSACK Planning Commission Secretary 29 Resolution 3552 Exhibit A Page 3 Above Ground Cabinet Guidelines SECTION•1:..Purpose and Intent - 1:1 ntent -1:1 The purpose,of these guidelines' is to regulate the placement and design of above ground'cabinets,in conjunction with any City permitted use of the public right-of- way and implement Ordinance 1213, Design Review of above ground cabinets. These guidelines are intended to reduce thepotential for negative environmental impacts of above ground cabinets on the community and to protect the health, safety and/or welfare,of the citizens of Tustin. SECTION Z. Location 2.1 When locating above ground cabinets, the following must be considered in order of preference: . A. Where appropriate, cabinets located in close proximity to prominent or sensitive locations should be installed underground. B. Where possible, cabinets should be located adjacent to non-residential properties; or, C. Where possible, cabinets should be located adjacent to sides or rear yards of residential properties,preferably on major streets; or,' ' D. Cabinets located in parkway areas should be located as far as possible from the curb line in an area which given the best opportunity for screening. if necessary, the installing entity shall relocate the sidewalk'and transition to match the existing sidewalk. 2.2 Cabinets sliall be located to satisfy line of sight requirements at any.intersections and driveways. 2.3 Where on-street parking is not'restricted adjacent to the proposed cabinet, the cabinet shall not hinder opening of vehicular doors. 2.4 Disabled access along public sidewalks shall be maintained adjacent to all service cabinets (i.e.minimum of 4 to 4.5 feet clear sidewalk). 2.5 Cabinets shall not interfere' 'ect wrath any existing or proposed improvement projects. Resolution 3652 Exhibit A - Page 4 SECTION 3:..Size 3.1 Except as provided in Tustin City Code Section 7263, no cabinets,shall exceed five; (5) feet in height, three (3) feet in depth, and three (3) feet in width, exclusive of meter panels of pedestals, with the exception of traffic signal control cabinets. 3.2 Cabinets that exceed the maximum size specified within the Design Guidelines by no more than 20 percent may be administratively approved by the Community Development Director in conjunction with a Master Plan/Design Review and Minor Adjustment or Administrative Variance process in :accordance with TCC Section 9299 if substantial evidence indicates• that no other.- technologically feasible alternative exists. SECTION 4: Screening 4.1 Cabinets shall be enclosed and screened to match or complement existing fencing, screening, other utility.cabinets (if present) and/or landscaping. The- use of matching paint, texturing, faux finishing, and actual matching building and landscaping materials shall be used. 4.2 Cabinets shall be constructed and treated with appropriate materials which discourage or repel graffiti. 4.3 Any removal of landscaping to install the above ground cabinet shall be replaced with landscaping materials similar number,type, size as approved by the Director of Community Development and Public Works. 4.4 The use of crash post is discouraged. However, if shown as necessary, the exterior finish of crash post should be given a .screening treatment which matches or complements the screening for the structure. 4.5 All access openings shall be placed to face away from street frontages, except traffic signal control cabinets. 4.6 Cabinets shall include the phone number for a responsible person at the communication company. Said signage shall be oriented away from the street frontage. The size of this information should be a maximum of five (5) percent of the cabinet fagade. 4.7 All screening devices shall be installed and maintained by the communication company subject to inspection by City staff. Resolution 3652 Exhibit A Page:5 4.8 The above ground cabinet shall not bear any signs of advertising devices (other than certification, warning or other required seals or signage). SECTION 5: Noise Standard 5.1 The noise emanating from the above ground cabinets shall meet the City's adopted Noise standards. SECTION 6: Abandonment 6.1 'An above ground cabinet is considered abandoned if it no longer provides service. If the use of the cabinet is discontinued for any reason, the operator shall notify the City of Tustin in writing no later than five (5) days after the discontinuation of use. 6.2 Cabinets that are no longer being used shall be removed promptly no later than ninety (90) days after the discontinuation -of use. Such removal shall be in accordance with proper health and safety requirements. All affected area shall be restored to its original condition at the operator expense. 6.3 The Design Review approval shall be reviewed by the Director of Community Development at the end of five (5) years from the date of approval. •The Director may require additional conditions or modification to the .existing conditions or cabinets as part-of such review to protect the public health, safety and general welfare. 6.4 The Design Review approval shall remain valid,for the term of the encroachment permit or franchise agreement. If the permit or franchise agreement is extended or terminated, notice and evidence thereof shall be provided to the Community Development Director. Upon termination or expiration of the permit or franchise agreement, all cabinets shall be removed from the City's public right-of-way. :3 ♦ ` ,1g s `dei] ~, it i �,��: "' �• fir. 3' ,tir57. . r r — t •r^1 i .IkJ. 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"' "9.. iP�ity,x+ ?'L.r� .1�/ SJ„"' t"�r�' it .?`'��� ( � r . �;+� f 7J'�< >i; tT � +t ` 5� `' rVl n:.� ii{ } es.4 5: Y> S ij•!� ��+ � .S '� Ifs - - y.Y � t i J�pt v r •!�tr .: i�'iTa>, i. �.�. ..t �'!' � r�. r:.t t ,rf at i� r�rr>{ • .+ct;att,:'F e y:a•�4 rY•Ffi'. va:'..,rr � Arr ,�r'.> t Thr 1'y$•` F��r r1i f'� ,.� ti' v� �yi , � r •� rty A e a F fr? S2 ~ti JL sal yyt t 11' i,.. i�,.t`•� r - r .P�,.��1 L4 r•, d.M'��1fi+ `I� i'j�/�.L t (' y}. +5 7� 1-.,r 7. �'. � 1 � _ f�� s.13 ti'�'�� ,.,,filt_-�z,,•Xr".S�lt 5,..t\Rs ..}, ••''�•"r` �,y�, 't:y, �i4��CJS�,.�-";*.��q�Aj.�N,`Q������y��E?�� 4 "'i ('��r�'P� i� vb• as i DRAFT f 1 Ordinance No. 1213 2 3. AN ORDINANCE OF THE CITY COUNCIL_ OF THE CITY.OF TUSTIN, ADOPTING REGULATIONS FOR 4 ABOVE GROUND CABINETS WITHIN THE 'CITY'S 5 PUBLIC RIGHT OF WAY. 6 7 The City Council of the City of Tustin does hereby ordains as follows: 8 Section 1. FINDINGS 9 The City Council of the City of Tustin finds and determines as follows: to A. Currently there are no regulations and guidelines in place for the 11 installation of above ground cabinets within the City's right of way. 12 B. The adoption of permanent regulations and guidelines for above ground 13 cabinets within the public right of way will serve to reduce the potential for negative impacts on the community. 14 1s C. Failure to implement above ground cabinets regulations through the adoption of this ordinance will result in a substantial number of above 16 ground cabinets being installed without controls needed to protect the 17 public health, safety and community aesthetics. 18 D. Traffic signal control cabinets are exempted since they are different in nature and function. The traffic signal control cabinets by nature must be 19 located as such where traffic can be controlled at intersections. 20 E. The requirements and restrictions imposed by this Ordinance are 21 necessary to protect the health, safety and aesthetics of the City of Tustin . as follows: 22 23 1. Design Review Approval for installation. of Above Ground Cabinets within the Ci 's Right of Way. The City's objective is to promote 24 safety, aesthetics and land use compatibility between above ground cabinets and neighboring .land uses. Above ground cabinets are 2s typically located in the public right of way.and highly visible because of 26 their size and/or height, thereby potentially impacting the aesthetics of the community. Public safety could be negatively impacted if the 27 cabinets are over concentrated in specific areas, or are close to 28 intersections thus impacting.motorist visibility, or adjacent to sensitive residential or institutional uses. The requirements of a Design Review 29 allows the city to examine aesthetics issues by analyzing items such Ordinance No. 1213 Page 2.of 5 ; 1 , as height and bulk of the cabinets, colors, visibility, screening and 2 relationship to adjacent structures, and design. 3 2. Screening Criteria and Guidelines. The City's objective is to promote 4 and protect an aesthetic environment by, requiring the use of subdued colors, non-reflective material and screening of the cabinet with landscape materials. 6 3. Site Selection Order of Preference. The City's objective is to promote 7 and protect,an aesthetic environment by requiring that above ground 8 cabinet be located in areas that are the least obtrusive to the community. 9 4. Sign Restrictions._ The City's objective is to promote aesthetics by 10 restricting sign clutter. 11 , 5. Size Criteria. The City's objective is to promote aesthetics and safety. 12 Limiting the size of above ground cabinets will reduce the visual impact 13 associated with traffic and pedestrian safety. 14 6. Removal Re uired for Abandoned Cabinets. The City's objective is to promote and protect and aesthetic and safe environment by requiring 15 that cabinets be removed if they are not used for a period of ninety 16 days. Abandoned cabinets that are not promptly removed would contribute to the blighting of the community and would present 17 potential safety hazards related to vandalism and unauthorized use of the abandoned cabinets. 18 19 E. That a public hearing was duly noticed, called and held on this Ordinance by the Planning Commission on March 8, 1999 and by the City Council on �0 April 5, and 19, 1999. 21 Section 2. Part 6 is hereby added to chapter 2 of Article 7 of the Tustin City 22 Code to read as follows: 23 PART 6 DESIGN REVIEW OF ABOVE GROUND CABINETS 24 7260 PURPOSE AND FINDINGS 25 The purpose of this Part 6 is to maintain an aesthetically pleasing environment in 26 the City's public rights of way, including parkways and median islands, by 77 regulating the location, size, color and other aspects of above ground cabinets that exceed a certain size. Above ground cabinets have proliferated in the City's 28 rights of way in recent years. Such cabinets house a variety of uses: some 29 contain controls for traffic signals, others contain electronics and wiring for cable television and telecommunications; others contain power sources. Ordinance No. 1213 " Page') of 5 2 The cabinets are painted a variety colors, come in varying heights, and can be 3 noisy. Most cabinets are not screened. The result is visual clutter and increased noise along the City's right of way. Reasonable regulations for the height, 4 location, color and other characteristics of such cabinets are necessary to s promote the health and aesthetic welfare of the people of Tustin. 6 7261 DESIGN REVIEW'REQUIRED 7 Except for City traffic signal control cabinets, no 'person shall locate an above 8 ground cabinet which exceeds five (5) feet in height, three (3) feet in depth, and three (3) feet in width in dimension, exclusive of meter panels of pedestals, with 9 the exception of'City's traffic signal. controller cabinets, without the Design Review or Minor Adjustment/Administrative Variance requirements of this Part 6. 10 This design review applies to existing and future franchisees and any other lx person who ,wishes to locate an above-ground cabinet in the public right of way. Design review approval is required before an encroachment permit may be 12 issued to permit installation of a-cabinet. 13 7262 APPLICATION FOR DESIGN REVIEW 14 An applicant shall submit a master plan of the proposed location of all cabinets to 1' the Director of Community Development ("Director"). Information shall also be 16 provided as to the proposed color of the .cabinets, screening, and noise level anticipated. The applicant shall pay a fee to cover the anticipated staff time to 17 review and process the application: 18 7263 DESIGN REVIEW PROCESS 19 , Upon the application being found complete by the Director, or designee, the 20 Director or designee shall review the-master plan using the criteria set forth in the 21 Design Guidelines adopted by resolution of the City Council. if the plan complies with the Guideliries'it shall be approved. The Director may conditionally approve 22 or deny the'Plan. .Amendments to:a plan shall be reviewed and approved by the Director prior to issuance of an encroachment permit. Cabinets must be installed 23 per the approved-Plan. The noise from each cabinet shall comply with the City's 24 noise regulations. 25 Cabinets that exceed the maximum size specified within the Design Guidelines 26 by no more than 20 percent may be administratively approved by the Community Development Director in conjunction with a Master Plan/Design Review and 27 Minor Adjustment or Administrative Variance process in accordance with TCC Section 9299 if substantial evidence indicates that no other technologically 28 feasible alternative exists. 29 i t. Ordinance No. 1213 Page 4 of 5 1 � 7264 APPEALS 2 3 Appeals-of the Director's decision may be taken and heard in accordance with Section 9272f, Design-Review Appeals, of the Tustin City Code. . 4 7265 TERM/ABANDONMENT 7 r 6 (a) An above ground cabinet is considered abandoned if it no longer provides service. If the use of the cabinet is discontinued for any reason, the operator 7 shall notify,the City of Tustin in writing no later than five (5),days after the 8 discontinuation of use. 9 (b) Cabinets that are no longer being used shall be removed promptly no later than ninety (90) days after the discontinuation of use. Such removal shall be 10 in accordance with proper health'and safety requirements. All affected area 11 shall'be restored to its original condition at the operator expense. 12 (c) The Design Review approval shall be reviewed 'by the Director of Community 13 Development at the end of five (5) years from the date of approval. The Director may require additional conditions or modification -to the existing 14 conditions or cabinets as part of such review, to protect the public health, safety and general welfare. 15 16 (d) The Design Review approval shall remain valid for the term of the encroachment permit or franchise agreement. If the permit or franchise 17 agreement is extended or terminated, notice and evidence the shall be 18 provided to the Community Development Director. Upon termination or expiration of the permit or franchise agreement,. all cabinets shall be removed 19 from the City's public right-of-way. t . 20 : Section 3. SEVERABILITY. 21 All of the provision of this ordinance shall be construed together to accomplish 22 the purpose of these regulations. If any provision of this part is held by a court to be invalid-or unconstitutional, such invalidity or unconstitutionality shall apply only 23 to the particular facts, or if a provision is declared to be invalid or unconstitutional 24 as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. 25 26 27 28 29 Ordinance No. 1213 Page 5 of 5 L PASSED AND ADOPTED by the City Council of the City of Tustin at a regular 2 meeting on the 5th day of April, 1999. 3 4 5 •Tom Saltarelli, Mayor 6 7 8 Pamela Stoker City Clerk 9 10 11 STATE OF CALIFORNIA ) 12 COUNTY OF ORANGE ) 13 CITY OF TUSTIN ) 14 CERTIFICATION FOR ORDINANCE NO. 1213 15 PAMELA STOKER, City Clerk and ex-officio of the City Council of the City of 16 Tustin, California, does hereby certify that the whole number of the members of the City Council if five; that the .above,and foregoing ordinance No. 1213 was 17 duly and regularly introduced at a regular meeting of the Tustin City Council,. held on 5th day of April, 1999 and was given its second reading, passed and adopted 1s at a regular meeting of the City Council held on the 19t of April, 1999 by the 19 following vote: 20 21 COUNCILPERSONS AYES: COUNCILPERSONS NOES: 22 COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: 23 24 25 26 Pamela Stoker, City Clerk 27 _'28 29 ITE #4 'eport to the Planning Commission DATE: MARCH 8, 1999 SUBJECT: CITY COUNCIL ACTION AGENDA, MARCH 1, 1999 PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT: CITY COUNCILACTION AGENDA-- MARCH 1, 1999 ACTION AGENDA CITY COUNCIL REGULAR MEETING MARCH 1, 1,999 APPROVED JOINT MEETING - At 5:30 p.m. in the Community Center, APPENDIX A the City Council will hold. a joint meeting with the Parks and Recreation Commission to review the Seven-Year Capital Improvement Parks Program. This joint meeting is open to the public. Recommendation: Advise the City Council of the Parks and Recreation Commission support for the prioritized Capital Improvements Projects List, as identified in Appendix A, for the City's Seven Year Park Capital Improvement Program. 7:08 P.M. CALL TO ORDER GIVEN INVOCATION — Councilmember Potts PRESENTED COLORS PLEDGE OF ALLEGIANCE - YMCA Whispering Waters Indian Maidens THOMAS ABSENT ROLL CALL PRESENTED PRESENTATION — Cedar Grove Park Award of Excellence for Facility Design by Parks and Recreation Commission Chair Kenneth Eckman PUBLIC INPUT. MATT NISSON: REPORTED THAT TUSTIN HIGH SCHOOL 1942 GRADUATE, DONALD EUGENE YNIGUES, WAS THE ONLY WORLD WAR II VETERAN NOT RECOGNIZED IN TUSTIN WITH A STREET NAMED IN HIS HONOR AND REQUESTED THE CITY RECTIFY THE SITUATION. THE MAYOR REQUESTED INFORMATION REGARDING MR. YNIGUES BE FORWARDED TO STAFF. Action Agenda —City Council March 1,_1999 — Page 1 PUBLIC HEARING ( ITEM 1 ) 1 _ ADOPTED 1. GENERAL PLAN AMENDMENT 99-001 AND ZONE RESOLUTION CHANGE 99-001 (APPLICANT: MR. ELMER TIEDJE, NOS. 99-21 TUSTIN VILLAGE COMMUNITY ASSOCIATION) AND 99-22 General Plan Amendment 99-001 and Zone Change 99 INTRODUCED -001 (Ordinance No. 1212) are requests to amend the ORDINANCE General Plan Land Use Designation from Transportation N0, 1212 to High Density Residential and amend the Zoning District from Unclassified (U) to Planned Development (PD) for an 8,923 'square foot parcel of abandoned Caltrans freeway right-of-way. . The parcel is located immediately northeast of the Tustin Village Townhome complex at 15500 Tustin Village Way, directly southwest of the 1-5/SR-55 freeway interchange. Recommendation by the Community Development Department: 1. Open and close the Public Hearing. 2. Adopt the following Resolution No. 99-21 approving the environmental deterniinati.on for the project. RESOLUTION NO. 99-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,- CERTIFYING THE FINAL. NEGATIVE DECLARATION AS ADEQUATE FOR GENERAL PLAN AMENDMENT 99.001 AND ZONE CHANGE 99-001 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 3. Adopt the following Resolution No. 99-22 approving General Plan Amendment 99-001: RESOLUTION NO. 99-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 99-001 TO CHANGE THE LAND USE DESIGNATION FROM "TRANSPORTATION" TO "HIGH DENSITY RESIDENTIAL" ON AN 8,923 SQUARE FOOT ABANDONED PARCEL OF CALTRANS RIGHT-OF-WAY ADJACENT TO PROPERTY LOCATED AT 15500 TUSTIN VILLAGE WAY 4. Have first reading by title only and introduction of the Action Agenda --City Council March 1, 1999— Page 2 following Ordinance No. 1212 approving Zone Change 99.001: ORDINANCE NO. 1212 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 99.001, CHANGING THE ZONING DISTRICT FROM UNCLASSIFIED (U) TO PLANNED DEVELOPMENT. (PD) ON AN 8,923 SQUARE FOOT ABANDONED PARCEL OF CALTRANS RIGHT-OF-WAY ADJACENT TO PROPERTY LOCATED AT 15500 TUSTIN VILLAGE WAY CONSENT CALENDAR ( ITEMS 2 THROUGH 7 ) APPROVED 2. APPROVAL OF MINUTES -- - FEBRUARY 162 1999 REGULAR MEETING Recommendation: Approve the City Council Minutes of February 16, 1999. APPROVED 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $4,585,344.26 and ratify Payroll in the amount of $373,430.66. APPROVED 4. APPROVAL OF CONTRACT WITH ORANGE COUNTY CHAPTER OF THE AMERICAN RED CROSS TO PROVIDE DISASTER RELIEF AND TRAINING FOR CITY STAFF Recommendation: Authorize the Mayor and City Clerk to execute the contract with Orange County Chapter of the American Red Cross to provide disaster relief to the City on an as-needed basis and train City staff as Red .Cross volunteers as recommended by the Public Works Department. RATIFIED 5. PLANNING COMMISSION ACTION AGENDA — FEBRUARY 22, 1999 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of February 22, 1999. ADOPTED 6. RESOLUTION NO. 99-18 - A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, NO. 99-18 DESIGNATING INDIVIDUALS AS AUTHORIZED OFFICIALS WHO ARE AUTHORIZED TO EXECUTE FOR Action Agenda —City Council March 1, 1999— Page 3 AND IN BEHALF OF THE CITY OF-TUSTIN, A PUBLIC ENTITY, APPLICATIONS AND DOCUMENTS FOR THE PURPOSE OF OBTAINING FINANCIAL. ASSISTANCE Recommendation: Adopt Resolution No. 99-18 designating the City Manager and Public Works Director as authorized officials and authorizing same to execute for and in behalf of the City of Tustin applications and documents for the purpose of obtaining financial assistance relating to emergency services as recommended by the 'Public Works Department. APPROVED 7. JOINDER IN AMICUS BRIEF IN SUPPORT OF THE CITY OF LOS ANGELES IN L.A. ALLIANCE FOR SURVIVAL, ET AL. V. CITY OF LOS ANGELES, ET AL., S073451 Recommendation: Authorize joinder in the amicus brief in support of the City of Los Angeles. An adverse decision in this case could affect the City's ability to regulate solicitation of motorists along its streets and in private shopping centers. Joinder in the amicus brief will be at no cost to. the City as recommended by the City Attorney. REGULAR BUSINESS .( ITEM 8 ) APPROVED STAFF 8. 1998-99 MID-YEAR BUDGET REVIEW_ RECOMMENDATION A review of the City's first six months of operations under the adopted' 1998-99 budget and projected revenues and expenditures through year end indicate that all operating funds are in balance and, where applicable, reserve requirements will be met. Recommendation by the Finance Department: 1. Approve amended General Fund Appropriations for fiscal year 1998-99 of $33,085,336.00 as recommended by the City Manager. 2. Authorize the transfer of $1.8 million from the projected Unappropriated Reserves of the General Fund to the Capital Improvement Fund to accumulate reserves for the proposed Seven Year Capital Improvement Program. 3. Authorize the transfer of $500,000 from the projected Unappropriated Fund Balance of the General Fund to the Park Development Fund. Action Agenda — City Council March 1, 1999— Page 4 NONE ' PUBLIC INPUT OTHER. BUSINESS ! COMMITTEE REPORTS DOYLE: REPORTED MARGARETE THOMPSON HAD BEEN } HOSPITALIZED AND SENT GET WELL WISHES COMMENDED THE POLICE DEPARTMENT . FOR PROFESSIONAL HANDLING OF TWO RECENT SITUATIONS QUESTIONED WHEN THE Y2K STATUS REPORT WOULD BE SUBMITTED TO COUNCIL AND THE PUBLIC, STAFF RESPONDED THE REPORT WOULD BE AGENDIZED APRIL 5T" . . WORLEY: CONVEYED GET : WELL. WISHES. TO MARGARETE THOMPSON REPORTED THE FOOTHILL HIGH SCHOOL GIRLS BASKETBALL TEAM WOULD COMPETE IN THE CIF FINALS AGAINST BREA OLINDA HIGH SCHOOL QUESTIONED THE STATUS OF INSTALLING THE HERITAGE PARK PLAQUE NOTED THERE. WAS A VACANCY ON THE PLANNING COMMISSION DUE TO PAUL JONES' RESIGNATION AND REQUESTED COUNCILMEMBERS SUBMIT NAMES OF POTENTIAL CANDIDATES AT THE MARCH 15 COUNCIL MEETING POTTS: REPORTED HE HAD BEEN CONTACTED BY A TUSTIN MEADOWS. RESIDENT REGARDING THE INCONSISTENCY - OF THE DEVELOPMENT'S PERIMETER WALLS AND REQUESTED STAFF PROVIDE GUIDELINE INFORMATION TO 0 THE ASSOCIATION BOARD REPORTED RESIDENTS WERE -NOT CLEANING UP AFTER DOGS IN CENTENNIAL PARK AND REQUESTED INSTALLATION OF DOGGIE BAGS AND ANIMAL CONTROLPATROL ' r • r Action Agenda— City Council March 1, 1999— Page 5 POTTS: REPORTED MOTORISTS WERE - UTILIZING LEFT TURNS AT OXFORD TO CUT THROUGH THE TUSTIN MEADOWS DEVELOPMENT AND REQUESTED STAFF CONTACT THE ASSOCIATION BOARD REPORTED EXTENSIVE AND RECURRING GRAFFITI ON YORBA AT VARIOUS LOCATIONS THAT HAD NOT BEEN REMOVED AND REQUESTED THE POLICE DEPARTMENT TARGET THE AREA SALTARELLI: WISHED MARGARETE THOMPSON A SPEEDY RECOVERY REPORTED SELECTION OF THE MAYOR AND MAYOR PRO TEM WOULD BE AGENDIZED ON APRIL 19TH ANNOUNCED CLOSED SESSION - The City Council shall convene in closed session to confer with its labor negotiator, William A. Huston, regarding unrepresented employees. 7:48 P.M. ADJOURNMENT - The next regular meeting of the City Council is scheduled for Monday, March 15, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda — City Council March 1, 1999 — Page 6 ACTION AGENDA REGULAR MEETING OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY MARCH 1, 1999 7:48 P.M. CALL TO ORDER THOMAS ABSENT ROLL CALL REGULAR BUSINESS ( ITEMS 1 THROUGH 2 ) APPROVED 1. APPROVAL OF MINUTES — FEBRUARY 16, 1999 REGULAR MEETING Recommendation: Approve the Redevelopment Agency Minutes of February 16, 1999. APPROVED 2. APPROVAL OF DEMANDS Recommendation: Approve Demands in the amount of $154,752.91. NONE OTHER BUSINESS NONE CLOSED SESSION - None 7:48 P.M. ADJOURNMENT The next regular meeting of the Redevelopment Agency is scheduled for Monday, March 15, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. f Action Agenda—Redevelopment Agency March 1, 1999—Page 1