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HomeMy WebLinkAboutZA REPORT ATE: JANUARY •2 0, 19 9 7 I n t e r" C o m TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT -SUBJECT: CONDITIONAL USE PERMIT (CUP) 96-042 APPLICANT: RALPH SANCHEZ 425 EL CAMINO REAL TUSTIN, CA 92780 LANDOWNER: COX MARKET PLAZA P.O. BOX 970 BROOKINGS, OREGON 97415-0100 ATTN: PHILIP -COX LOCATION: 425 EL CAMINO REAL ZONING: CENTRAL COMMERCIAL - PARKING AND CULTURAL RESOURCE OVERLAY (C2-P & CR) AND TOWN CENTER /y REDEVELOPMENT PROJECT AREA ENVIRONMENTAL THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 3) STATUS: PURSUANT TO SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST:' EXPANSION OF AN EXISTING RESTAURANT USE AND MODIFICATION, OF OUTDOOR DINING AREA LOCATED AT 425 EL CAMINO REAL. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 97.- 002 approving Conditional Use Permit 96-042 . BACKGROUND & DISCUSSION The applicant is requesting authorization - to expand an existing restaurant use and, modify 'the outdoor dining area to permit alcoholic beverage sales located in the multi-tenant ' commercial center known as Cox Market Plaza. Alcoholic beverage sales are allowed in the C2 District, subject to 'the, approval of a Conditional Use Permit (City Code Section 9233) . In '1992 the Planning Commission approved CUP 92-020 ' authorizing alcoholic beverage sales within the building and outdoor seating. Alcoholic beverage- consumption was not permitted in the outside dining area. A maximum of 52 seats were authorized at that time. i Zoning Administrator Report '. Conditional Use Permit 96-042 January 20, 1997 Page 2 Site and Surrounding Properties Cox Market Plaza shopping center is comprised of approximately 10, 100 square feet of leasing area located on the southeast corner of El Camino Real and Main Street . The existing restaurant is located at 425 El Camino Real and is proposing to expand into a portion of 405 El Camino Real . The restaurant faces onto the parking lot-, with a small outdoor dining area adjacent to the entrance. Surrounding land uses within the center include a beauty salon, an art gallery, a monogram store and a florist . Existing commercial uses surround the property with the Chamber of Commerce to the north, the Tustin Assistance League and Thrift store to the south and the Thompson office building across E1 Camino'Real to the west . Project Description The applicant proposes to expand the existing Rafi' s Cuban Cafe to . include an additional 1, 120 square feet of dining area located in the tenant space to the west. The front door would be relocated to the new expansion area, adjacent to. El Camino Real. The applicant is requesting approval to modify the outdoor dining area by enclosing it with a 3-foot. high wrought iron fence and potted plants.. Dark green , resin tables and chairs are proposed- for the outdoor patio. The plans do not indicate the color proposed for the wrought. iron. ' A condition has been included requiring the wrought iron to be compatible with the existing patio improvements, subject to final approval of the Community Development Department during plan- check. This enclosure will comply with ABC regulations for serving alcoholic beverages outside. An 'increase of 40 seats is proposed for a total of 92 seats; 52 seats were previously authorized by CUP 92--020. ' Discussion In determining whether to approve a Conditional Use Permit, the Zoning Administrator must determine if the establishment, maintenance or operation of the .subject use is detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working in the neighborhood of the subject site and secondly, if it will be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City. The following -analysis provides evidence to support consideration for- approval of the Conditional Use Permit . Zoning Administrator Report , Conditional Use' Permit 96-042 January 20, 1997 Page 3 Outdoor Seating, The applicant wishes to provide a more decorative and inviting outdoor dining area by enclosing the area with fencing and potted plants. The patio improvements are consistent with the City' s Outdoor Seating Guidelines (Attachment A) in that the dining area will be architecturally compatible with the building design and the area is -currently designated for limited dining. The addition of wrought. iron fencing and potted plants will enhance the appearance of the area and better define the use. The relocation of the front entrance to the expanded restaurant area is a more logical location and will improve the operation of the outdoor patio by removing pedestrian traffic through the patio area. A condition has been included requiring a minimum of four feet clearance around the , tables in compliance with ,building codes . The elimination of the sidewalk will not interfere with pedestrian circulation since the new front, entrance will be equally accessible to the parking lot and will provide access to the public sidewalk. A condition has been.included requiring the interior tenant improvements connecting the two tenant spaces to be completed prior to enclosing the patio area to ensure adequate public access. Alcoholic Beverage Sales The applicant currently sells beer and wine in conjunction with the established restaurant use., The applicant is requesting to sell alcoholic beverages on the patio area to 'provide an alternative dining. expe'rience, .similar to other restaurants in the area. The City Outdoor Seating Guidelines and Alcoholic Beverage Sales Guidelines (Attachment B) provide standards for the establishment of outdoor dining areas with alcoholic beverage sales. The Guidelines require the area to be physically defined (as proposed with the fencing) ; to be accessible through the inside of the restaurant; and supervised by an employee 21 years of age or older. The proposal satisfies these requirements. Zoning Administrator Report Conditional Use Permit 96-042 i January 20, 1997 , ' Page 4 r Parking. The site contains a total of 42 parking spaces to serve the existing restaurant and retail uses on the site. CUP 92-020 authorized a total of 52 seats, and required 10 additional parking spaces which are provided within the Stevens Square Parking Structure . The Cultural Resource Overlay District provides that on-site parking requirements may be modified if all or a portion of the required spaces are satisfied by the applicant' s participation in the City' s public parking structure (Section 9252j3) . The proposed expansion for a total of 92 seats would require 31 parking spaces, based upon one (1) space for every three *(3) seats . A total of 60 spaces would be required for the entire shopping center. A total of 52 parking spaces are available to customers of the center (42 spaces on-site and 10 spaces in the parking structure) resulting in an eight (8) space deficiency. Redevelopment staff has indicated that there is adequate parking spaces available in the structure to accommodate the additional eight (8) spaces for the restaurant expansion. . Condition No. 1 . 6 requires that the applicant enter into a license agreement with the Redevelopment Agency for a total of 18 spaces within the parking. structure. Standard conditions of approval have been included to prevent any potential problems at the site related to maintenance, noise and loitering. A condition has been included that prohibits any type of speakers outside. The proposed use, as conditioned, will be compatible with the surrounding community. The. proposed use will function the same as the existing restaurant use . The business hours are compatible with the surrounding retail commercial and office uses . The modifications to the outdoor dining area will complement the downtown commercial district .- Approval of this Conditional Use Permit, as conditioned, will not be detrimental to the character of development in the immediate neighborhood and will be 'in harmony with the various elements and objectives of the General Plan. Sara J. Pashalides Daniel Fc5x, AICP Associate Planner . Senior Planner Attachments : Location map Site plan and floor plan A -- Outdoor Seating Guidelines B - Alcoholic Beverage Guidelines Zoning Administrator Action 97-002 -- LOCATION MAP C :' cJ . �L ;X611-20 g o SECOND ST. !.1 • v- 205 ::a La WQ zu 230 y 215 = q 2222�5555--231999.- : LU : 24 a 4424 : _ . Ln " 255 225 o n THIRD ST 1 �:' 5 307- 5.: n N N: ?12C'2 32x29: 330-3 t�. 33S-39 36 m n n n: ro n W v y n m h n ' 7-29 EAST MAIN STR //n g w o ♦ op000 0 0 405 ^ ^ HH4v emir N' A o e` 413-47 Q 449-51 V sls YUSAN GARDENS LU 510 N SIXTH. ST. .. - 607 129 160 200 240 t. 611 S30 770 220 250 110 IAC 210 230 NO SCALE it l 7 v N\ .... Q��FlW��-i���G sQktFs - Vol y 7-nc. u'I+�YC r�nN fi T �9ow � J Zb 4r4-te5 -1 +�L S�x7 ,�`v� 99v�W.s ��l'�• 2 RESOLUTION NO. 2490 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING POLICY GUIDELINES TO 4 BE FOLLOWED -IN REVIEWING APPLICATIONS FOR OUTDOOR � SEATING AREAS. G The Planning Commission. of the City of Tustin does hereby resolve `as follows: r - I I. The Plann•!ng Commission figds and determines as follows: 8 A. That certain .guidelines shall be considehed by Community 9 Development staff and the Planning Commission when considering 10Conditional Use Permit applications for outdoor. dining areas. B. Outdoor dining areas are allowed with a CUP subject to. the - 11 following design criteria: -- 12 1. Alcoholic Bevera a Sales - 5hould the proposed establishment w sh to sel a' .cohol c beverages, any outdoor dining area 3 shall be designed to meet the standards of the. State " Department of Alcoholic Beverage Control. Specifically, the �4 outdoor dining krea must: 15 a) the patio &rea shall be clearly/physically uefined. It must be cl-early a •part, of the -restaurant it serves;, 1C� i b) - be accessible preferrably through the inside of the .17 restaurant; and 1S c) be supervised by a restaurant einployee to ensure conformance with all laws regarding consumption of alcoholic beverages while on the restaurant premises. 201 2.' Conformance to ' Parkin Requirements - Although in. ;some 21 .cases 'the outdoor, -dining , area - may be seasonal innature, the number of -seats provided or the area used 22 as a, seating area should be considered in determining the _ parki.ng• requirements for the restaurant as a 23 whole. Therefore: 24 a) . .depe.nding on the location and . the parking requirements for the property , wh'ere the- restaurant �� - is proposed, the outdoor seating area must be 26 considered as part bf- the restaurant and shall conform to -the mandated parking requirements; and 2i�� - b) if outdoor seating --areas are not part of the _281 1restaurant and are specified as "seating in ATTACHMENT A l ' i 2 Resolution No. 2490 A Page two J 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. 3. Clean up facilities All outdoor seating area's,. be 8 they part of a restaurant ' or 'seating in common, should have adequate clean -up facilities. Therefore: a), all outdoor dining or seating areas shall contain 10 trash receptacles for use by the public or restaurant employees; and b) , all outdoor dining ' or seating areas shall be 12 i cleaned. on a continual, daily basis for removal of litter and food items which constitute a public 13 nuisance. 14 4. Design Com ati' ilfty - Since outdoor dining areas . are -typ1cally v sF61 a from the - public street, special 15 consideration hor design is essential. . The current Design Review 'Process_ as stablished by Section 9272. of 1G�! the Municipal Code allows City Staff the - opportuni•ty to review and establish design elements fore these types of. 17 projects. The following guidelines are necessary - to encourage and reinforce compatible design elements:- a) .All outdoor dining and seating areas shall be 19 designed so as to not obstruct vehicular or I' pedestrian traffic flow and shall be designed in a 201 fashion so that they do not necessitate removal of any existing pedestr'ian' or vehicular movement 21 area; - '22 b) all structural elements, umbrellas, furniture, awnings, covers or other physical elements which are visible to 23 the public right-of-way shall be compatible, with the overall design of the main structures; and 24 c) all , signs and advertisement materials placed i.n an 25 outdoor di ni ing or seating area shall be' •i n conformance ' with the Sign Code, as well as any 2G�I adopted Sign Program for the building 'i n which the 2-17 seating is to be located. ,} 281 f I� 2 Resolution No. 2490 Z Page three ` 3 4 f 5. ' "Location to. Sensitive Uses-- The -use of outdoor dining and 5 seating. areas creates a pedestrian oriented ambiance.' This type of ambiance is particularly attractive and . usually 6 encouraged where appropriate; however, r some problems may occur if outdoor dining/seating areas are located in direct 7' proximity to sensitive uses. Therefore: 8. a) . any outdoor .dining or seating area. located within 600 . feet of a public school shall be' -designed with 9 particular consideration of school children and access. Avoidance of the use of video or 'coin operated 10 games and serving of . alcoholic beverages in outdoor seating areas should be considered; n b) should - any - restaurant have dancing or play 12 j 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; and 14 c) outdoor iseating and dining areas and their .� relation ct:to residential ; uses, public schools, 15 churches, j-hospitals and arcades 4hal I . be rev.l.ewed and proper mitigation measures applied for 1G.! -problems -relateeto noise, light, glare and loitering shall be applied to avoid land use con.fli-cts_ C. Incorporation of standard conditions of approval is necessary to 18 ensure compatible and uniform design of all outdoor sea.t)ng areas. Typical conditions of approval may be applied where 1� applicable. These standard conditions include: 20 i. The outdoor dining - area shall beI .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. Lighting_shal1 be. provided to illuminate the dining -area as 23' required by the Tustin Security Code. N 24 3. The outdoor dining area- shall be architecturally compatible with the building in which the restaurant is located. 25� 2611 28i 2 Resolution No. 2490- } .?age four 3 4 4. The dining area shall be. physical-ly related to the building 5 that the restaurant is in, ensuring that the entrance to the dining area is preferrably through -the restaurant. S. Maximum dining area's -shall be subject to Uniform Building . 7 Cade -(UBC) regulations. 8 6. Outdoor seating, 'whether permanent or seasonal, is subject to the parking requirements specified in the Tustin 9 Muni ci pal. Code. 10 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 studyt to determine if any adverse impacts have resulted from thy'use. If not, . then a permanent CUP may be r 15 granted. Ad 10. Outdoor dining areas __hal l be' a mi nimum of 200feet from residential uses: Ii • I1. if entertainment or dancing is'. provided on the premises, a 1S noise analysis shall be provided which guarantees that noise levels will not exceed .those specified 'in the Tustin Noise Ordinance. . . 20 D. That each Conditional Use Permit application for an outdoor dining area shall be reviewed, based upon location and type of 21 such--- estab-Itshme'nt, '".and consideration of the followi.ng'- guidelines: 22 A determination that hours of operation requested are 23 appropriate to the use proposed and consideration given to the proposed use's relation to: 24 1. Residential areas; 251 2. Arcades; - -- 3. Public schools; 261 4. Relation to rive entertainment locations. 2R� { 2 Resolution too. 2490 '. Page five E. The applicant shall 'sign and. return an Agreement to Conditions 5 Imposed form which states that the applicant agrees to all conditions imposed. Failure to comply. With. any of the foregoing 6 --conditions—shall be-•-grounds for ' revocation of any approved Conditional Use Permit. PASSED AND ADOPTED a regular meeting of the Tustin Planning Commission, 8 held on the ,/3 " day of g 11 r 'Kathy . e .Chairman 12 11 13 t 14 �- Penni Foley . 15 Secretary 17 ' 1S 20 , . . . 21 - 22 23 24 25 2611 3 g6 RESOLUTION NO. 3366 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING POLICY GUIDELINES TO BE 3 FOLLOWED FOR CONSIDERATION OF ALCOHOLIC BEVERAGE SALES ESTABLISHMENT APPLICATIONS. 4 The Planning Commission of the City of Tustin does hereby resolve 5 as follows: 6 I. 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. 9 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 (in-site sales of ' beer and wine/liquor sales is contingent upon the use of the 13 subject site remaining a restaurant. . At such time the restaurant use is discontinued the use permit ' )4 becomes null and void. o All persons serving alcoholic beverages must be 15 eighteen years of age or older and supervised by someone twenty-one years of age or alder' 16 Supervisor shall be .present in same area as point of sale. 17 o Hours of operation are limited to the hours of a.m. to p.m. (hours are identified 18 depending on the type of operation) Food must be served during- these hours. ' 19 O The menu of the restaurant shall consist of foods that are prepared on the premises. 20 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 games on the premises at any time. 22 C. That certain standard conditions shall be required of 23 off-site sales- establishments as follows: 24 o Authorization for off-site sales of beer and wine/liquor is contingent upon the use at the 25 subject site remaining as (specific use is 26 identified here) . Should this use change or be P discontinued, authorization for this use permit is 17 null and void- 0 All persons selling alcoholic beverages shall be 28 twenty-one years of age or older. ATTACHMENT B Resolution No. 3366 'Page 2 • 1 2 0 Hours of operation are limited to the hours of 3 to (hours are identified depending• on the type of operation) . 4 0 "No Loitering" signs shall be posted. at the entrance of the business or -other specified 5, -location(s) . 0 No pool tables or coin operated games are allowed 6 at this location. o No alcoholic beverages shall be consumed on any 7 property adjacent to the licensed premises under the control of the applicant. 8 o Refrigerated single-serving beverage containers shall be located in an enclosed refrigeration unit 9 no' less than ten (10) feet from the point of sale and a minimum of five (5) feet from the store 10 entrance. o . No display, sale or distribution of beer or wine, 11 wine coolers or similar alcoholic' beverages shall be made from an ice tub, barrel 'or similar 12 container_ 0 No sales or distribution of alcoholic beverages 13 shall be made from a drive-up or walk--up window. 0 All litter shall be removed from the exterior areas 0 4 around the premises including adjacent public sidewalk areas, and parking areas no less 15 frequently than once each day that the. business is open_ 16 o For establishments selling alcoholic beverages and gasoline, no signs advertising alcoholic beverages 17 may be visible from the exterior of the building or on gasoline pumps or islands_ 18 0 Public telephones inside and adjacent ' to the establishment shall. be modified to prevent in- 19 coming calls. 20 D. That certain standard conditions shall be required of on- site sales establishments as follows: 21 0 All persons serving alcoholic beverages shall be 22 twenty-one years of age or., older_ o "No Loitering" signs shall be posted at the entrace 23 of the business or other- specified location(s) . 0 No pool tables .or coin- operated games are all 24 at this location. 0 No alcoholic beverages shall be consumed on any 25 property adjacent to the licensed premises under the control of the applicant. 26 o All-litter shall be removed from the exterior area around- the premises including adjacent public �7 sidewalk areas and parking areas no less frequently than once each day that the business is open_ 28 Resolution No, 3366 Page 3 1 2 o Public telephones inside and adjacent to the 3 establishment shall be ' modified to prevent in- 4 coming calls. E. That each Conditional Use Permit application for an S alcoholic beverage sales establishment shall be reviewed, based upon location `'and type of such establishment, and 6 consideration of the following guidelines: ? A determination that hours of operation requested are 8 appropriate for the use proposed' and consideration given to the proposed uses relation to: 9 1. Residential areas - 10 2. Protected uses, such as places of worship, parks, 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 4 conditions shall be -grounds for suspension or revocation of the license. 3.5 PASSED AND ADOPTED by the -Planning Commission of the City of Tustin 16 at a regular meeting held on the 2Sth day of. September, 1995 . 17 18 19 JKAS E 20 - . Chair son 21 pp 22 .•.2f� � ,.� BARBARA REYES 23 Recording Secretary 24 , 25 26 28 Resolution No. 3366 Page 4 •2 STATE OF CALIFORNIA ) .3 COUNTY OF ORANGE } CITY OF TUSTIN } 4 5 I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of 6 Tustin, California; that Resolution No- 3366 was duly passed and. adopted at a regular meeting of the Tustin Planning Commission, . 7 held on the 25th day of September, 1'995 . 8 9 10 -- BARBARA REYES _ 11 Recording Secretary 12 13 peresos\3366.rw . 4 ). 5 16 17 18 19 20 21 22 23 24 25 26 h ' 8Z •paap uMoquMop aqq go quawuoaTnua upTagsapad aq- .aoupgua TTTM pup a-4Ts age LZ uo squawaAoadwT BuTgsTxa aqq ggTM ubTsap uT aTgTgtdwoo eap paap buTuTp aoopgno aqq 9Z 04 suoT-4pOTjTpow aoTa9:4xa pasodoxd aqs •aa-4uaO Tg-4TpT -4OaawwOO lupuaq-T4Tnw buTgsTxa SZ Up uTM papOoT sT e agTs pasodoxd gs •T 'VZ : SBUTpuTJ buTmOTTOJ aqq Aq paOuapTAG 'asn pasodoxd Bons go poogaogqbTau aqq EZ UT b.UTxaOM ao BUTpTsaa suosaad age 90 aapJTaM Tpaauab aO gaOjwoo 'sTUJOW 'A4a9ps 'ugTpaq aq! 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The proposed alcoholic beverages sales on the outdoor patio will be confined to . 3 patrons of the establishment by the wrought iron fencing and access will be 4 provided only through the restaurant . 5 3 . As conditioned, there is adequate parking for the increased seating through the use 6 of on-site parking and the Stevens Square Parking Structure. 4 . The sale of alcohol would only be 8 authorized in conjunction with a restaurant use. Sales of beer and wine 9 will - be permitted only when food is available. Food provided will be 10 prepared on the premises . 11 5 . All persons serving beer and wine will be 12 eighteen (18) years of age or older and supervised by someone twenty-one (21) 13 years of age or older. The supervisor will be present in the same area as point 14 of sale. 15 6 . As conditioned, the applicant will not provide any type of outdoor speakers or 16 amplification that would create noise outside. 17 G. That the establishment, maintenance, and 18 operation of the use applied for will not be injurious or detrimental to the, property and 19 improvements in the neighborhood of the subject property, nor to the general welfare 20 of the City of Tustin for the reasons stated above. 21 H. This - .project has been determined to be 22 Categorically Exempt (Class 3) pursuant to Section 15303 of the California Environmental 23 Quality Act. 24 I . That the. project has been reviewed for consistency with the Air Quality Sub-element 25 of the City of Tustin General Plan and has been determined to be consistent with the Air 26 Quality Sub-element . •27 28 Zoning ,Administrator Action 97-002 January 20, 1997 1 Page 3 2 II . The Zoning Administrator hereby approves. 3 Conditional Use Permit 96-042 to authorize the expansion of an existing restaurant and 4 modification to the outdoor dining area to . permit. the sale of alcoholic beverages located at 425 El 5 Camino Real, subject to the conditions contained .in Exhibit A, attached hereto. 6 PASSED AND ADOPTED by the Zoning Administrator of the 7 City of Tustin at a regular meeting held on the 20th day of January, 1997 . 8 9 Rick Brown Zoning Administrator' s 10 Designee 11 BARBARA REYES 12 Recording Secretary 13 14 STATE OF CALIFORNIA ) 15 COUNTY OF ORANGE ) CITY OF TUSTIN } 16 I, - BARBARA REYES, the undersigned, hereby certify that 17 I am the Recording Secretary of the Zoning Administrator of the City. of Tustin, California; that Zoning 18 Administrator Action No. 97-002 was duly passed and adopted at a regular meeting , of the Tustin Zoning 19 Administrator, held on the 20th day of January, 1997 . 20 21 BARBARA REYES Recording Secretary 22 23 24 25 26 27 S 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 97-002 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 96-042 GENERAL (1) 1.1 The proposed project shall substantially conform with the' submitted plans for the project date stamped January 20, 1997 on file with the Community Development Department, as herein modified or as modified by the Zoning Administrator in accordance with this Exhibit. (1) 1..2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of a business license for. the business, subject to review and approval by the Community Development Department . (1) 1.3 Conditional Use Permit approval shall. become null and void unless_ all required permits are issued, a business license is obtained and operations begin within twelve (12) months of the date of this Exhibit . (1) 1.4 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge to the City' s approval of this project . (1) 1.5 Approval of Conditional Use Permit 96-024 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development . (1) 1. 6 The applicant shall enter into a lease agreement with the Tustin Community Redevelopment Agency for participation in the Agency' s - parking structure for a minimum of eighteen (18) parking spaces required above and beyond that provided on-site, calculated at a rate of one (1) space for every three (3) seats . Said lease agreement shall be executed prior to the issuance of any building permits . (1) 1.7 A Certificate of Appropriateness shall be .issued by the Community Development Department prior to issuance of Building permits for the patio modifications. SOURCE CODES (1.) STANDARD CONDITION (5) SPECIFIC PLAN (2) EIR MITIGATION (6) RESPONSIBLE AGENCY REQUIREMENT (3) UNIFORM BUILDING CODE/S (7) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (8) PC/CC POLICY *** EXCEPTION Exhibit A Zoning Administrator Action 97-002 January 20, 1997 • Page 2 (1) 1. 8 The authorization for sale of alcoholic beverages ori the patio area shall become null an void unless written approval by the ABC is submitted. to the City. . (1) 1.9 All conditions of Planning Commission Resolution No. 3057 shall be complied with, unless herein .modified. USE RESTRICTIONS (3) 2..1 No off-site consumption of alcohol for any .type of ABC license is authorized. All alcoholic beverages shall be consumed on-site. (2) 2 .2 Hours of sales of beer and wine shall be limited to the hours when food is available . ' Menu items shall be available in the restaurant during business hours. (2) 2 .3 The menu of the restaurant shall consist of foods that are prepared on the premises. (5) 2-.4 Any Health Code or other violations, as determined by the County of Orange Health Care Agency, may be grounds for revocation of this Conditional Use Permit . (2) 2 .5 Authorization for the on-site sales of beer and wine (ABC , License Type 114111) 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. (2) 2 .6 All persons selling alcoholic beverages shall be 18 years of age or older and shall " be supervised by someone 21 years of age or older. A supervisor shall be present in same area as point of sale. (4) 2 .7 A maximum of 92 seats is authorized for the restaurant. The number -of seats shall not be increased unless- the property owner demonstrates, through the submittal of a. parking and land`use summary, or as otherwise authorized by current provisions of the Tustin City Code, that an adequate number of on-site parking spaces are available to accommodate additional seating for the restaurant . (4) 2 .8 The applicant shall provide signage within the restaurant space advising patrons of the availability of parking in the City' s parking structure. -� Exhibit A Zoning Administrator Action 97-002 January 20, 1997 Page 3 OUTDOOR SEATING (4) 3 .1 The outdoor seating area shall maintain a minimum-of four (4) feet between the tables.and chairs as required by the Uniform'Building Code and ADA. (7) 3 .2 Lighting shall be provided to illuminate the outdoor seating. area as required by the Tustin Security Coder Details shall be submitted for review and approval at Building Plan Check and all fixtures shall be architecturally compatible. (7) 3 .3 Catalog cuts and/or details of the furniture -proposed for the outdoor seating area, shall be submitted for review and approval at Building Plan Check, and the materials/finishes shall be architecturally compatible. (7) 3 .4 The use of awnings, umbrellas, wrought iron fencing, plants and other human scale elements is encouraged to enhance the pedestrian experience. Elevations, material and color samples shall be submitted for review and approval by the Community 'Development Department during Building Plan Check. PLAN SUBMITTAL (3) 4.1 Specify the type of construction and group of occupancy (A-3) of the building on plans. (3) 4.2 The site plan shall be modified to comply with the attached checklist for the location and number of 'disabled parking spaces and show all the requirements on plans . (3) 4.3 Delineate the disabled path of travel from the street side-walk and disabled parking spaces to the entrances of the. building. (3) 4.4 The existing toilets in the expanded area shall be made accessible and usable by disabled persons . (3) 4.5 Provide an exit analysis of the entire building (existing and addition) showing but not limited to the number of occupant load in each area, exit and. directional signs, swing- of exit doors in the direction of exit travel with panic hardware, etc. (3) 4. 6 Note on plans, to post the occupant load of the building. Exhibit A Zoning Administrator Action 97-002 • . January 20, 1997 Page 4 (3) 4 .7 The interior tenant improvements connecting the two ,tenant spaces shall be completed prior to .enclosing the patio area. FEES (1) 5 .1 Prior to the issuance of any building or sign permits, payment shall' be made of all applicable building plan check and permit fees and sign design review fees to the Community Development Department . (1) 5 .2 Within 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 thirty-eight dollars ($38 . 00) to enable the City to .file with the County Clerk, the appropriate environmental documentation pursuant to the California Environmental Quality Act . 'If within such 48 hours period, the applicant has not delivered to the Community Development Department the above noted check; the approval for the, project , granted herein shall be considered automatically null and void.