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HomeMy WebLinkAboutZA REPORT V O+� r Inter- Com TE: JULY 22, 1995 TO: ZONING ADMINISTRATOR FROM: - COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 96-010 AND DESIGN REVIEW 96-032 1 APPLICANT: RODNEY BECH_ TEL OLDS TOWNE TACO CO. 765 EL CAMINO REAL TUSTIN, CA 92680 OWNER: CHARLES FORD 17012 EDGEWATER LANE HUNTINGTON BEACH, CA 92649 LOCATION: 765 EL CAMINO REAL ZONING: CENTRAL COMMERCIAL/PARKING OVERLAY DISTRICT (C-2P) ENVIRONMENTAL THhS. PROJECT HAS BEEN DETERMINED TO -BE STATUS: CATEGORICALLY EXEMPT (CLASS .1) PURSUANT TO THE CALIFORNIA..ENVIRONMENTAL QUALITY ACT ` REQUEST: TO PROVIDE ADDITIONAL OUTDOOR SEATING AT AN EXISTING RESTAURANT RECOMMENDATION That the Zoning Administrator approve Design Review 95-033 by. adopting, Zoning Administrator Action 9`G--008 _ . y BACKGROUND AND DISCUSSION The applicant proposds to expand the outdoor seating and create a new patio area at, an existing walk-up ,restaurant. The proposal would increase the existing outdoor seating at the restaurant, from 1G to a total of 40 seats. Zoning Administrator Report CUP 96-010 & DR 96-032 July 22, 1996 Page 2 , Site and Surrounding Properties The project site is located on the northerly side of E1 Camino Real, between El Camino Way and Newport Avenue. Surrounding uses include a small strip center to the west, professional offices to the east, Tustin Meadows apartments to .the north, and a motel (across- El Camino Real) to the south. The restaurant building, previously occupied by Tastee Freez, is a 1, 161 square-foot structure. On the east side of the building is a covered patio with four fixed. concrete tables with bench seating to accommodate 16 persons . The project is located in the Town Center Redevelopment area. Tustin City Code Section 9299 (b) (4) (c) grants authority to the Zoning Administrator to approve Design Review applications within the City' s Redevelopment Areas . Decisions * of the Zoning Administrator regarding Design Review applications in Redevelopment Areas are appealable to the Redevelopment Agency. Project Description The proposed outdoor seating area covers approximately 600 square feet of surface area between the order/pick-up windows and the front property line (see Attachment A) . The patio surface is proposed to remain slurry--sealed asphalt . Six tables and 24 - chairs, made from dolor-molded resin, are proposed. Two color schemes are provided for the table-and-chair sets: white and teal . The tables proposed are round, 48 inches in diameter, with a teal-colored canvas market umbrella in the centers. Illustrations of the proposed furnishings are provided in Attachment B. The perimeter of the seating area will be delineated by planters containing king palms and agapanthus . The :plant containers proposed consist of 30-inch diameter clay pots with a natural terra cotta finish. Illustrations of the proposed plant containers are also provided in Attachment B. Zoning Administrator Report CUP 96-010 & DR 96--032 July 22, 1996 Page 3 Project Analysis In 1988, the Planning Commission adopted policy guidelines to be used in reviewing applications for outdoor seating areas (Attachment B) . The criteria included in the guidelines are discussed below as they apply to this project . 1. Alcoholic Beveracfe Sales - The applicant does not propose to sell alcoholic beverages, so these criteria do not apply to this project . 2 . Clean-up Facilities - There are presently trash receptacles placed in the area of the proposed seating area. A condition has been added requiring the applicant to ensure that the outdoor seating area is cleared on a daily basis -of litter and food. 3 . Design Compatibility - The outdoor seating area is proposed to be located in front of the restaurant, directly adjacent to the sidewalk facing El Camino Real . There is presently no landscaping in this area, so the addition of the terra cotta planters will be an enhancement to the street frontage . 4 . Conformance to Parkin Re4uirements - The Planning Commission' Policy Guidelines require outdoor seating areas to conform to off-site parking requirements . The Zoning Code parking standards require that one (1) off-street parking' space be provided for every three restaurant seats . The addition of 24 seats., therefore, would require that eight additional parking spaces be available or provided to accommodate the additional outdoor seating area. The subject use is located on the same parcel as the Tustin Meadows apartment complex to the north and the adjacent strip center to the west . The total number of parking spaces on the subject property must be adequate to serve all of these uses . The additional seating proposed increases the parking requirement on the subject property to 105 spaces. There will be no 'impact on the availability of parking in that 130 spaces are presently provided • to serve all uses on site. Furthermore, the additional parking spaces required to serve the commercial users will not encroach into -the residential segment of the subject property: the apartment complex, along with its 54 required parking spaces, is self-contained and physically apart from the commercial users . Zoning Administrator Report CUP 96-010 & DR 96-032 July 22, 1996 Page 4 5 . Proximity to Sensitive Uses - The nearest sensitive uses, as defined by the Guidelines, are the multi-family residences to the north of the project site. The Guidelines recommend a distance separation of 200 feet between the outdoor dining areas and residential uses . Using the submitted site plan for the subject property, the distance between the proposed seating area and the nearest residences was measured to be approximately 200 feet . 6 . Standard Conditions - The Policy Guidelines include a list, of typical conditions of approval relating to outdoor seating areas . The conditions relating to trash receptacles, clean- up, outdoor speakers and use restrictions, as they apply to this project, are included in the attached Zoning Administrator Action. As discussed above, the applicant ' s proposal for outdoor seating is in substantial compliance with the Planning Commission' s outdoor seating . guidelines . The Conditions of Approval proposed will further help to ensure that the physical design and operating characteristics of the proposed use will have no detrimental effect' on surrounding uses . Therefore, based on the analysis provided, it is recommended that the Zoning Administrator approve Conditional Use Permit 96-010 and Design Review 96-032 . Gregory S. Gubman Associate Planner Attachments : Location Map A - Submitted Plans B - Proposed Furnishings C - Planning Commission'Outdoor Seating Guidelines Zoning Administrator Action 96-00'8 -- LO CAT!O N MAP �r 1 a ' • — i i e e , i - 5 a O nlvl EAST MAIN STREET '�' m ^ H r M N N r 'n SOl1PLANTA770N 465 Z 421 �[X 441-9 445-47 �r •� Q 449-51 V 515 7US71N GARDEN •3�y /� W 510 r n SIXTH ST. 647 120 180 200220 250 ptiP 611 130 170 Q�J //0��� 815 825 140 180 210 0 71 / ses 1U571N a •MEADO AP 150 cl 725 CHEVRON - 14011 NO SCALE 1 1 ATTACHMENT A: Submitted Plans s 1 Scl.O�-1 S fL r n of N n g5 TieAaa H.�.�. Tl� r r-ET'S YIe��P RR ?SIN I�yz Pak R ^1 / I �ipII�VG 4Ti6' 1 'a19 I "/Z5 p55P �3 >I A �N •i+iPlRrr+-I c wL V '� ARCVAIA rvE H � ��I] 1 1 I I I a P,Acks •rEi - Ia WNGAETC b �3 � r �U u Tan Rc-�-.earn C�F e�k TwPG v ('r'RG �..n Ic.v s. W MG k,C.w.PIYGt Q '!4•LL,44PAWp.TCpay.t � e G�rT aTwq..o APPRaa, IN mol PTS•xk vHuaos xl+e.0 re.¢.PI.wMER -b� w 4 CwkPnasko, Aob�rruN L ski 5CE R+aroer.TTKPPo) _ P O Q — AREA.aF flPoPa+.Eo Lr U L_ 9f TrN4 tco R C� 4 Q ew¢ skA 4 Y Y W w p¢rik W.T crpE W.�� UtNPNPi `�Re 1.Z.kk pP TC1inY Z Si N yc lard Fr. F•y U� r PnE Twal:hU W r, a T—Gao4 EA: e.c61 eP.Fr. Frl P¢�.VkGT aoeess: aDE-mwuE T..co c � e ou«ER•T' xo ar Na wHlNu AFAR e 9z Peo ' o .aFGFTEI ARc.rrTPc o¢e cPeT a Bk..,H.TT El. cn MINA REA[. ner+�kTr Aeul�nrns IipTl 1.2uve9AKWF TPSTIK GA 9'6Eo . .i/d96 T%i�l PAP.w4 14 .�- -- -__-- PT.w �• TofAl pARCINy Ikf sPKCS Rfa UIR— FO J r - ATTACHMENT B. Proposed Furnishings 69 ,c ? •,<„ i,�= '`�`, 'i? :• 'fit; wj- ma ,Y. F�. ' � �� +— ��� ��P Iif p�• t Ti :�:*.nas j'Y- ��s>✓s:.fr- !� .1t w grwt�^'s�t `� ��' s t;-Z . �.;i�&a�J'['�S�ao-•�r.� .. ��.•i E;-4'r�.`�:.:u'�E +„��.ti.'' .r�- 5� is^,5..�„�r ATTACHMENT C: Planning Commission Outdoor Seating Guidelines s 2 - RESOLUTION N0: 2490 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE �CITY OF I TUSTIN, CALIFORNIA, ESTABLISHING POLICY GUIDELINES TO 4 BE FOLLOWED IN REVIEWING APPLICATIONS FOR OUTDOOR SEATING AREAS. 5 - 6. The Planning Commission: follows: 'of the City of Tustin does hereby resolve "" The _Planning' CommTssion finds and determines as 'follows: 8 A. That certain guidelines shall be considered by Community 9 Development staff and the Planning Commission when- considering Conditional Use Permit applications for outdoor. dining areas. 10 B. dutdoor dining areas are allowed with a CUP subject to the 11 following design criteria: - i2 i 1. Alcoholic' Bever.a a Sales - Should the proposed establishment wish to s—ell al cohol c beverages, any outdoor dining area 23 shall be designed to meet the standards of the State -Department of A.lcoho-lic 'Beverage Control . Specifically, the 14 outdoor dining krea must: 7J a) the patfoikrea shall be clearly/physically defined. 1. must be cl-early apart of the restaurant it serves; °f b) be accessible iii; preferrably through the inside of the restaurant; and 1S c) be supervised by a restaurant employee to ensure conformance with all laws regarding consumption' of 1�+ alcoholic beverages while on the restaurant 2C1lI premises. I 2. Conformance to Parkin Requirements - Although i.n some 21 cases _t the outdoor .01n ng:. area may be seasonal - in nature, the number of - seats provided or the area used 22 as a seating area should. be considered in, determining the parking .,requirements for the restaurant as a 23 whole. Therefore: 24a) depending on the' location and . the parking requirements for the property where the- restaurant 25 is proposed,. the outdoor seating area must be 26.1 considered as part of the restaurant and shall' JJ conform to -the mandated parking requirements; and 27Ib) if outdoor seating areas are not restaurant and are specified As P' seating the 2 Resolution No. 2490 Page two - 3 wo _3 • 4 ..' common", no specific 'parking requirements are 5 applicable; however, these seating areas are not to be reserved or intended for specific use by any particular 6. restaurant or tenant in the center and shall be available to public use. i 3. Clean - up , facilities - All outdoor seating areas, be 8 they part of a restaurant ' or seating in common, should have adequate clean up facilities. Therefore: 9. , a) all outdoor dining or seating areas shall contain 10 trash receptacles for use by the public or restaurant employees; and f b) all , outdoor dining or seating areas shall be, 12 I cleaned on a continual, daily basis for removal of litter andi food items which constitute a public 13 nuisance. 14 4. Design Compatilij11ty - . Since . outdoor dining - areas are -typically - v sfUle—from -the - public street, special - 15 pecial -15 consideration hor- design . is essential. The current Design Review process_ as established by Section .0272 of 1 the• Municipal Code 'll ows City Staff the opportunity to revi ew and establ i sh • desi gn el ements for these types of Ii projects. ' The following guidelines ' are necessary to encourage and reinforce compatible design elements*.,. 1S a) All outdoor dining and seating areas shalt be 19 : designed so as to not obstruct vehicular or pedestrian traffic flow and shall be designed, in, a 201. fashion so that they do not necessitate removal of I any existing pedestrian or vehicular. movement ` 21 area; 22 b) all structural elements, umbrellas, furniture, awning's, covers or other physical elements which are visible to 23 ' the public right-of-way shall. be compatible with the . 24 overall design of the- main structures; and � _ - c) a.11 signs and advertisement materials placed in an 25 outdoor dining or seating area shall be in. 5 conformance with the Sign Code, as well as any 2GI+ adopted Sign Program for the building in which the I seating is to be located. , .27.! 281 2 Resolution No. 2490 Page three 3 4 5. ' "Location to Sensitive Uses` The use of outdoor dining and 5seating areas creates a pedestrian oriented ambiance.' . This type of ambiance is particularly - attractive and usually G encouraged where appropriate; however, ' some problems may occur if outdoor dining/seating areas are located- in direct 7' proximity-to sensitive uses. Therefore: g' a) any outdoor dining or seating area, located. within 600 _ feet ' of a public school shall be* 'desi.gned ' with 9 particular consideration of - school chi Idren' , and access. Avoidance of the use of video or *coin operated 10 games and serving 'of alcoholic beverages An outdoor seating areas should be considered; 11 . b) ' should any restaurant have dancing or play 12 11 amplified music, the outdoor seating -area`. shall be sealed off in a fashion so as to restrict noise 13 from disturbing other businesses or residents; I and I4 c) outdoor seating and dining areas - a_ nd their ' relation �o residential uses, public schoo4 _ 15 churches, hospitals and arcades _0al'l be revi,ewc and proper mitigation measures _ applied for 1G � problems relatee•io noise, light, glare and loitering shall be applied to avoid land use conflicts. I 1, C. Incorporation of standard conditions of approval is necessary to 1S ensure compatible and uniform design of all outdoor seating areas. Typical conditions of, approval may be applied where 19 applicable. These standard conditions include: 201 r. The outdoor dining area shall .be .setback a minimum of five (5) feet from the property line or parking.- lot with 21 appropriate landscaping in conformance with current. landscaping criteria. • , 22 2. .,Lightin§shall be-.pro"vid'ed to- illuminate the dining -area as 23 required by the Tustin Security Code. 24 3. The outdoor dining area- shall be architecturally compatible with the building in which the restaurant is located. 25 2611 l :2j. ! -- rr- 1 Resolution No. 2490• Page four 4 - 4. The dining area shall be physically related to the building 5 that the restaurant is in, ensuring that the entrance to the dining area is preferrably through the restaurant. - 6 5. Maximum dining areas shall be subject to Uniform Building - Code (UBC) .regulations. $ 6. Outdoor seating, whether permanent or seasonal , is subject to the- parking requirements specified in the Tustin �J Municipal Code. ' 1f] _7. The use of awnings, umbrellas, plants. and other human scale elements is encouraged to enhance the pedestrian experience. 11 - . 8: Trash receptacles shall be provided in the outside dining 12 area. ... 13 9. CUP's which are approved for outdoor dining areas are subject to review after one year. At such''time, ,staff shall 14 conduct a studyr to determine if any adverse impacts have f resulted from tW use. If not, . then a permanent CUP may be 15, granted. J 1G1� 1O. Ou-tdoor dining areas shall be a minimum of 200 feet from residential uses: 1i 11. If entertainment or dancing. is provided -on °the premises, , a 18 noise analysis shall be provided which guarantees that noise levels will not exceed- those specified 'in the Tustin Noise 1�1 _ Ordinance. 20 D. That each Conditional Use Pe . rmit. application for an outdoor dining area shall be reviewed, based upon location. and type. of 21 such-'-- establishment. -and consideration _. . following 22 guidelines: of A_ determination that hours of operation requested 'are 23 appropriate .to the use proposed and consideration given to the 24 proposed use's relation to: 1. Residential areas; 251 2. . Arcades; '• - -- 3. Public schools; 26H 4. Relation to live entertainment locations. 27,'� ,� 281 2 Resolution No. 249Q �1 Page five 3 i E. The applicant shall 'sign and return an Agreement to Condi tibris 5 Imposed form which states that the applicant agrees to all conditions imposed. Failure to comply with. any of the foregoing U --conditions—shall be'-grounds for . revocation of any approved Conditional else. Permit. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, 8 held on the Zday of 1988. :.:. 9 10 II at y e -�/7�. Chairman 1 .I3 14 Penni Foley ' } 15 Secretary t 191: 201 21 _ 22 23 24 25 26 27, 2811 I L ZONING ADMINISTRATOR ACTION 96-008 CONDITIONAL USE PERMIT 96-010 L AND DESIGN REVIEW 96-032 JULY 22, 1996 3 4 The Zoning Administrator of the City of Tustin does hereby resolve as follows: 5 6 I . The Zoning Administrator finds and .determines as follows: 7 A. That a proper application, Conditional Use 8 Permit 96--010 and Design Review 96-032, was filed by - Rodney Bechtel to authorize an 9 expansion of outdoor seating at an existing restaurant located at 765 El Camino Real . 10 B. That the proposed use is allowed within the C-- 11 2P, Central Commercial/Parking Overlay District, with the approval of a Conditional 12 Use Permit . 13 C. That a public hearing was duly called, noticed and held on said application on July 22, 1996 by the Zoning Administrator. 15 D. That establishment, maintenance, and operation of outdoor seating in conjunction with a 16 restaurant use, as conditioned, will not be detrimental to the health, safety, morals, 17 comfort, or general welfare of the persons residing or working in the neighborhood of 18 such proposed use, nor be injurious or detrimental to the property and improvements 19 in the, neighborhood of the subject property, or to the general welfare of the City of 20 Tustin, as evidenced by the following findings : 21 1. The application is in compliance with the 22 City' s adopted. guidelines for outdoor seating in conjunction with restaurant 23 uses, which have been established and considered to ensure compatibility with 24 surrounding uses . 25 2 . Adequate. parking will be provided for the outdoor seating areas pursuant to Section 26 9232c (2) (f) of the Tustin City Code. 28 Zoning Administrator Action 96-008 Page 2 1 , -- 2 3 . The design, color and materials of the outdoor furnishings, as conditioned, are 3 consistent with design goals of the City' s adopted guidelines for outdoor 4 seating in conjunction with restaurant uses . 5 4 . The nearest residential uses ' are 6 separated from the proposed outdoor dining areas by a minimum distance of 200 7 feet, which 4is consistent with the minimum distance of 200 feet recommended 8 by the City's adopted guidelines for outdoor seating areas . 9 E. Pursuant to Section 9272 of the Tustin 10 Municipal Code, the Commission finds that the location, _size, architectural features and 11 general appearance of Design. Review 96-032 will not impair the orderly and harmonious 12 development of the area, the present or future development therein, or the occupancy as a 13 whole. In making such findings, the Commission has considered at least the 14 following items: 15 1. Height, bulk and area of buildings. 16 2 . Setbacks and site planning. 17 3 . Landscaping, parking area design and traffic circulation. 18 4 . Location, height and standards of 19 exterior illumination. 20 5. Location and method of refuse storage. 21 6 . Physical relationship of proposed improvements to existing structures in 22 the neighborhood. 23 7 . Appearance and design relationship of proposed improvements to existing 24 structures and possible future structures in the neighborhood and public 25 thoroughfares . 26 8 . Development Guidelines and criteria as adopted by the City Council . 27 28 Zoning Administrator Action 96-008 Page 3 t F. This project has been determined to be .categorically exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act . G. 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 . II . The Zoning Administrator hereby approves Conditional Use Permit No. 96-010 and Design Review 96-032 to authorize an expansion of outdoor seating at an existing restaurant located at 765 El Camino Real . PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 22nd day of July, 1996 . Elizabeth Binsack Zoning Administrator BARBARA REYES Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No: 96-008 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 22nd day of July, 1996 . BARBARA REYES Recording. Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 96-008 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 96-010 AND DESIGN REVIEW 96-032 GENERAL _ (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped July 22, 1996, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of- Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code. (1) 1.2' Compliance with approved plans shall be inspected by the Community Development Department prior to the installation of the tables and chairs . (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the establishment of the new outdoor seating area, subject to review and approval by the Community Development Department . (1) 1.4 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of the City' s approval of the entitlement process for this project . (1) 1.5 The applicant and property owner shall sign and return an "Agreement to Conditions Imposed" form prior to establishment of the additional outdoor seats. PLAN SUBMITTAL (1) 2 .1 Submit three (3) sets of site improvement plans to the Building Division for the inclusion of at least one (1) van-accessible disabled access parking space prior to the installation of additional seating. The parking space must be located so that disabled users are not required to pass behind parking spaces other than their own. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW r *** EXCEPTION Exhibit A Zoning Administrator Action 96-008 Page 2 USE RESTRICTIONS (4) 3 .1 The size and shape of the planters shall be consistent with the specifications identified on the site plan. (4) 3 .2 The proposed umbrellas shall be maintained in good condition. No sign copy or names of any kind shall be visible on the timbrellas . (1) 3 .3 Solid metal, or wood with solid metal framing, self closing, self latching gates shall be installed onto the existing trash enclosure north of the restaurant building prior to the .installation of the tables and chairs . The. color of the gates shall be almond or brown. (1) 3 .4 Authorization for outdoor seating is contingent upon the use of the subject site remaining a restaurant or other eating establishment . At such time that a restaurant use is discontinued, the use permit becomes null and void. *** 3 . 5 The number of outdoor seats shall be limited to forty (40) , which includes the sixteen (16) fixed seats existing prior to the approval of this Conditional Use Permit . (1) 3 .6 The outdoor seating areas shall be used only in conjunction with .operation of the restaurant . During operating hours, all outdoor seating and related fixtures shall be confined to the locations depicted on the approved site plan. Any furniture not permanently affixed to the ground shall be removed and properly stored after business hours to prevent 'theft or loitering. (7) 3 .7 The outdoor seating area shall be cleaned on a continual, daily basis for removal of litter and food items which constitute a public nuisance. The design .of any trash receptacles to be placed within the outdoor seating area shall be compatible with the other elements of the outdoor seating area, as determined by the Community Development Department. (7) 3 . 8 The applicant and/or property owners shall be responsible . for the daily maintenance and up-keep of the facility, including but not limited to trash removal, painting, graffiti removal and maintenance of improvements to ensure that the facilities are maintained in a neat and attractive manner. All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structures and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. Exhibit A Zoning Administrator Actibn 96-008 Page 3 ' - (1) 3'. 9 Opaque materials and signage shall not cover more than 25 percent of the aggregate area of all windows and doors of the restaurant .. _ Existing, unauthorized window signs shall be removed. (7) 3 .10 Outside public address speakers, telephone bells, buzzers and similar devices, which are audible to adjoining properties are prohibited. (7) 3 .11 Lighting shall be maintained to illuminate the outdoor seating area as required by the Tustin Security Code. (1) 3 .12 No alcoholic beverages shall be consumed in the outdoor seating .area unless a Conditional. Use Permit for the consumption of alcoholic beverages in an outdoor seating area is obtained. A fence or structure enclosing the outdoor eating area would be required to comply with the Department of Alcoholic Beverage Control standards in the event that a Conditional Use Permit for consumption of alcoholic beverages in the outdoor seating area is approved. (1) 3 .13 Any violations of the Tustin City Codes or Conditions of Approval of this Conditional Use Permit shall be grounds for initiation of revocation proceedings of the Conditional Use Permit . FEES (1) 4 .1. Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following: A. Building plan check and permit fees, if applicable, to the Community Development Department based on the most current schedule. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. (1) 4 .2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier' s check payable to the COUNTY CLERK in the amount of $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.