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HomeMy WebLinkAbout04 CUP 04-031 ITEM #4 Report to the Planning Commission DATE: SUBJECT: PROPERTY OWNER: APPLICANT: LOCATION: JUNE 13, 2005 CONDITIONAL USE PERMIT CUP 04-031 ATTN: MOHSEN GHANEIAN ORCUTT CORPORATION 2336 TUBBS DRIVE TUSTIN, CA 92782 ATTN: HENRY E. ARAGHI AND ANNA ORTIZ ARAGHIORTIZ, INC. 900 W. FIRST STREET TUSTIN, CA 92780 900 W. FIRST STREET GENERAL PLAN: COMMUNITY COMMERCIAL ZONING: CENTRAL COMMERCIAL (C-2) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: A REQUEST FOR AUTHORIZATION TO PROVIDE LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING BONA FIDE RESTAURANT (LA SERA! & BABY JUN!) LOCATED AT 900 W. FIRST STREET. RECOMMENDATION That the Planning Commission adopt Resolution No. 3976 approving Conditional Use Permit 04-031 to authorize live entertainment in conjunction with an existing restaurant (La Sera! & Baby Jun!) located at 900 W. First Street. Planning Commission Report CUP 04-031 June 13, 2005 Page 2 BACKGROUND Site and Surrounding Properties The existing restaurant is located on the south side of First Street at the terminus of Tustin Avenue, bounded by the 55 Freeway to the east, an automated carwash and a medical research laboratory across First Street to the north and northwest, respectively, a hotel on the adjacent property to the west in Santa Ana, CA, and a condominium development across a vacant portion of the hotel property to the south (Attachment A - Location Map). Project Description The existing restaurant, La Sera! & Baby Jun!, was formally known as the Revere House where live entertainment that was exempt from the requirements for a live entertainment permit for acts such as single performers, duos, disc jockeys, or karaoke singers was provided in conjunction with a restaurant use. The restaurant is currently undergoing an ownership change and the new owners propose to maintain the existing formal dining area, and combine the lounge and live entertainment areas as one (1) room by removing a common interior wall, build a coatroom, and remodel the existing live entertainment area to include a new stage, relocated dance floor, and new sound and light system to accommodate live entertainment (Attachment B - Submitted Plans). The proposed live entertainment would consist of live bands playing a variety of musical styles, including rock, "oldies", jazz, rhythm and blues, etc. The live entertainment would be located on a new 180 square foot stage, with a disc jockey booth, and a 360 square foot dance floor located immediately adjacent to the stage. The applicants are requesting to have live entertainment seven (7) days a week in conjunction with the restaurant and are also proposing to accommodate banquet functions within the live entertainment area. The menu and number of guests would vary depending on the event. As proposed, the business hours for all business activities would be as follows: Live Entertainment: Every day until 12:30 a.m. Formal Dininq in Dininq Area: Lunch: Everyday from 11 :00 a.m. to 3:30 p.m. Dinner: Every day from 5:00 p.m. to 9:30 p.m. Informal Dinina in Lounae Area: Special menu: Every day from 11 :00 a.m. to 1 :00 a.m. Banquet Facilities: Serving hours and seating layouts vary per guest request. Planning Commission Report CUP 04-031 June 13, 2005 Page 3 DISCUSSION The proposed live entertainment use may be authorized only in conjunction with a "bona fide" restaurant use as defined in Section II of the Alcoholic Beverage Sales Establishment Guidelines adopted by the City Council on May 21, 2001 per Resolution No. 01-55 "Guidelines" (Attachment C - Alcoholic Beverage Sales Establishment Guidelines). Pursuant to the Guidelines, a restaurant is "a retail establishment that sells food and beverages prepared on the site, where customers are served for on-site consumption. At least eighty (80) percent of the premises seating shall be designed and used for and must possess the necessary utensils, table, service, and condiment dispensers with which to serve meals to the public. The gross annual sales of food shall exceed the sale of alcohol. A restaurant may have ancillary uses such as a lounge, microbrewery, billiard/pool tables, video games, public dancing, and live entertainment. In the area devoted to the ancillary use, the gross annual sales of food shall exceed the gross of annual sales of alcohol." Staff has indicated to the applicants that the initial application received by the City appeared to be a nightclub rather than a restaurant. Per the Guidelines, a nightclub is an establishment that "typically stays open late at night and can offer a combination of live performers, a piano bar, musical groups with acoustical instruments, amplified music, facilities for patron dancing, comedy or magic acts, and/or food and drink that is not ancillary to a full-service restaurant, and the gross annual sale of alcohol may exceed the gross annual sale of food. A bar or nightclub can also be referred to as a cocktail bar or alcoholic beverage drinking place." Staff is concerned about a possible nightclub at the site based upon the following: . Floor plans that showed the lounge and live entertainment areas being combined into one large area with stage, disc jockey booth, disc floor, and sound and lighting systems with very little seating provided; . Two (2) separate building entrances, one with a metal detector and an exterior awning sign stating "Baby Jun! A Different Club with Different Entertainment." (Attachment 0 - Picture of awning sign); . Business advertisements from Tustin News describing the business as "A Different Cuisine...A Different Club" (Attachment E - Advertisements Dated April 21 and June 2, 2005); and, . The California Department of Alcoholic Beverage Control defines normal mealtimes from 11 :00 a.m. to 2:00 p.m. and from 6:00 p.m. to 9:00 p.m, the applicant is proposing to operate the facility until 1 :00 a.m., which is typical of a bar/nightclub. In order for the applicants to establish a nightclub at the subject property, the minimum distance separation requirement of three hundred (300) feet from residential properties would need to be met (Resolution No. 01-055); however, since there is a residential condominium project located less than three (300) feet from the subject property, the Planning Commission Report CUP 04-031 June 13, 2005 Page 4 property is not eligible to establish a night club at this location. In addition, even if the property met the minimum distance separation requirement, staff would have additional concerns regarding establishing a nightclub at this location, such as: . Adverse impacts to nearby residential and hotel uses related to noise and activity; . The provision of adequate on-site security and increased demand on police protection services and response times; . The need to provide additional parking due to a higher parking requirement for nightclubs (areas without fixed seating associated with dancing and live entertainment is one (1) parking space for each seven (7) square feet of dance floor and one (1) parking space for each additional thirty-five (35) square feet of gross floor area), however, it does not appear that additional parking could be accommodated on-site; and, . Compliance with fire protection requirements such as adding fire sprinklers to the building due to an intensification of the use per the Orange County Fire Authority (OCFA), and perform necessary upgrades to the building, such as providing additional exits to accommodate changes in building occupancy per the 2001 California Building Code. The applicants maintain that their intent is to operate a bona fide restaurant despite the proposed use, including the proposed floor plan and operational changes associated with the live entertainment permit. If operated as a bona fide restaurant with ancillary live entertainment, staff can support the application. Therefore, staff has proposed several conditions of approval to ensure the proposed use would continue to be a bona fide restaurant. Distance Separation to Sensitive Uses Since the proposed live entertainment is proposed in conjunction with an existing restaurant, Section 9233(c)(v) of the Tustin City Code exempts the facility from meeting regulations establishing a minimum distance to sensitive uses (i.e. churches, residential, parks, playground, etc.). However, Condition 2.1 is recommended to require that the establishment remain a bona fide restaurant, which serves food during posted business hours, for live entertainment to occur at this location. Parking The restaurant is currently legally non-conforming in regards to the number of parking spaces required by the Tustin City Code. Since no additional seating or expansion is proposed, no additional parking spaces would be required on-site to support restaurant related live entertainment at this location. There are eight-one (81) existing parking spaces, limiting the maximum number of customers to 243 people based upon the parking requirement of one (1) space for every three (3) persons. Based upon the proposed plans and assuming all uses operating simultaneously, the formal dining area includes a maximum of sixty-eight (68) persons, the informal dining area (lounge) Planning Commission Report CUP 04-031 June 13, 2005 Page 5 includes a maximum of thirty (30) persons, and the banqueVlive entertainment area could have up to 135 persons, or a total of 243 persons within the entire building per Condition 2.5. Hours of Operation As previously noted, the applicants desire to operate the restaurant until 1 :00 a.m., which is uncharacteristic of a restaurant use. Therefore, staff is recommending Condition 2.14, which requires the restaurant to close by 12:00 a.m. each night and the live entertainment to cease by 11 :00 p.m. each night, so that facility operates more similarly to what might be considered "typical restaurant hours," and to reduce the potential disturbances of adjacent sensitive uses, including the residential property and hotel. Noise As with proposals for live entertainment, the City is concerned with the potential for noise impacts to adjacent sensitive uses. The property abuts a hotel and a residential property where excessive noise could pose a problem. To mitigate potential impacts, staff is recommending Condition 2.21, which requires the applicant to comply with the Tustin Noise standards related to interior and exterior noise. In addition, staff is recommending Condition 2.23, which requires the applicant to mitigate any noise impacts if the City determines in the future noise violations result from the approved live entertainment. Building Entrances Typically bona fide restaurants do not have two (2) entrances. The provision of two (2) entrances at the business (each having a different business name and description on the overhanging awning) creates a perception that there two (2) separate businesses are operating on-site; one business that is associated with the restaurant and one business that is associated with the lounge/live entertainment area. Based on the existing awning the applicant appears to be differentiating between the live entertainment portion of the business and the restaurant. To ensure that one business is operating at the site, particularly a restaurant use with ancillary live entertainment, staff is recommending Condition 2.24, which limits the building entrance into the lounge/live entertainment area to exit only, requires restaurant patrons to enter at the main building entrance at First Street, and that the awning sign be revised so it is identical with the awning facing First Street. In addition, Condition 2.25 is recommended to prohibit charging a cover charge to use the lounge or live entertainment area, which would be typical of a nightclub use. Live Entertainment and Dance Area As proposed, the live entertainment would be located on a new 180 square foot stage, with a disc jockey booth, and a 360 square foot dance floor located immediately adjacent Planning Commission Report CUP 04-031 June 13, 2005 Page 6 to the stage. Condition 2.13 is included to ensure that any increase in the stage or dance floor area would require approval of the Community Development Director and/or Planning Commission to ensure it is consistent with the intent of Conditional Use Permit 04-031 and the Tustin City Code. Annual Review To ensure the business is operating in compliance with the conditions of approval, Condition 1.8 is recommended so that Conditional Use Permit 04-031 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. Conditional Use Permit In determining whether to approve the Conditional Use Permit for the proposed live entertainment, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: 1. The proposed live entertainment use is consistent with Section 3231 et seq. of the Tustin City Code which regulates live entertainment within bona fide restaurant businesses. 2. The General Plan land use designation of Community Commercial and the Central Commercial (C-2) zoning district provides for a variety of commercial uses, including restaurant uses. Live entertainment is allowed with the approval of a Conditional Use Permit as required by Section 9270.b(e} of the Tustin City Code. In addition, the project has been reviewed and determined to be consistent with the Air Quality Sub-element of the City of Tustin General Plan. 3. The live entertainment use is proposed in conjunction with an existing "bona fide" restaurant use as authorized in Section II of the Alcoholic Beverage Sales Establishment Guidelines adopted by the City Council on May 21, 2001, through Resolution No. 01-55 and Section 9232(b)(p} of the Tustin City Code. 4. The applicants have indicated their intent to continue to operate the existing facility as a restaurant, which serves food during posted business hours. 5. The restaurant is located on a property bounded by the 55 Freeway to the east, a primary arterial roadway to the north. The restaurant is not adjacent to sensitive uses such as: churches, playground, schools, etc.; however, the Planning Commission Report CUP 04-031 June 13, 2005 Page 7 facility would be required to comply with the Tustin Noise Ordinance to ensure ambient noise levels are maintained near the hotel on the adjacent property to the west, and the residential condominium property located within 300 feet from the south property line. 6. The restaurant has and is currently providing live entertainment that is exempt from the requirements for a live entertainment permit such as single performers, duos, disc jockeys, or karaoke singers, and the City has no records that the existing live entertainment and/or the existing restaurant operation have caused any problem to the neighborhood or improvements in the vicinity. 7. As conditioned, the closing hour of the restaurant shall be 12:00 a.m. daily, and the live entertainment would cease at 11 :00 p.m. daily to ensure the operation is consistent with other bona-fide restaurants in the community. 8. As conditioned, Conditional Use Permit 04-031 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 04-031, or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. 9. The applicant has not requested approval to locate any sexually oriented business or use within the existing restaurant. In accordance with Section 3912(a) of the Tustin City Code, sexually oriented businesses are not permitted within the Central Commercial (C-2) zoning district; therefore, no sexually oriented businesses shall be conducted on the property. 10. The implementation/application of the proposed conditions would ensure compatibility of the proposed live entertainment use with the surrounding uses and the Tustin City Code. Staff recommends that that the Planning Commission adopt Resolution No. 3976 approving the Conditional Use Permit for live entertainment in conjunction with an existing restau rant. MJJJt wür ~& () ~ (9- Dana Ogdon V Assistant Director Matt West Associate Planner Planning Commission Report CUP 04-031 June 13, 2005 Page 8 Attachments: A. Location Map B. Submitted Plans C. Alcoholic Beverage Sales Establishment Guidelines D. Picture of Awning Sign E. Tustin News Advertisements, Dated April 21 and June 2,2005 F. Resolution No. 3976 S:\Cdd\PCREPORT\2005\CUP 04-031 (La Sera!) PC Report.doc ATTACHMENT A Project Location Map LOCATION MAP ffi ;::. jJ . c::. """""II -, "IL '" AU- - -C-..",.. Î-' J' ~ ,~~' ~n'.""'-~~ " I;]r~~~ ",~~~ '~" )! B §In ~lldl:I l ~ . '¡"O.."==Í P/¡"'/ ~ :¡¡ ,'-I ! " ,; ~ 'f. }In.;~ : ~I j ~ ' , ~~," ~~ Z ¡; :n ~ ~ ~ ~' / <, ) ~~ f~ I ~ ~ ~ fi . ~\ ~....~, > .~ . u T ~~~~~~"17 I ~ín'- ~~ ~/~~j.)y..._..~~ 1/ . './ """': ,-yO ~1:\", .. " ~ <;> I- .. " - / ~:.x.~6.);:~!!.j ~' J'" '.. . ,~~Ji '~~ì ~:.J -,. ~ ! ¡. ì@' ::~ ~ r. : """ , . ~ r>~ .'- ~ ~ -~ ~ r ' " ., ~¡¡; ",' "" ~ ~ .,' .. /." ":~ . ;¡; / ~ -:. /" """,'-- '-- . ' ','/" ",",:'Joo. (~~~);&z. -¿,~ ",. . . "6.~ ~ "'\ lCl ')." " , ' "": /.~'..;> ~ ) n ..' '" 1/1 /.~, ~ ./ "" .¿¡..~ ' l..-¡..[\.. ~,.~ ~\ '" ~ il~ II ~~~~~ ~, , 1/;./ ,,:~i~~:~~ ~...- T1 ~\'^:a- . // /í~~ '.,,~ I' 17' -- r ,,",,); PROJECT NO, ADDRESS CUP 04-031 LOCATION: 900 W. First Street REQUEST: AUTHORIZATION TO PROVIDE LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING BONA FIDE RESTAURANT (LA SERA! & BABY JUN!) LOCATED AT 900 W. FIRST STREET. (AppJicant: "Henry E. Araghi and Anna Oritz, on behalf of AraghiOrtiz, Inc.; Owner: Mohsen Ghaneian, on behalf of Orcutt Corporation) ATTACHMENT B Submitted Plans -- ãiYiãiii' ItII'9'BRB ROUIJII.. .---OD'IU'.. .0 I I!!I fill - r~w~.tf#M I\IÐIDi' IIUiIUI( 1,,~!.i,<Ä't.t:;);~ -- ¡¡:; ¡;¡ ¡;¡ .. Ai ¡;¡ .. ii ii ¡¡¡:¡ ;¡:¡ NOrOIo ----...."'.. ...,. - -....-- ,..,""'........- ---- ....,--- ....,--- ---- "'!>J(q oeoar",,", ~ AI'!!!' !!.!CI"-' ~ : II!! - Cl<l£UAT1OIðo --- =::.. "'::: .: ;... , -......--, =e-. .. , -"'-, --- """-""-' "'--' ""'- . '- ------,-, -- IMi1'A l,gð~:,V' I ð Ilj RECEIVED ~ ¡ 011 APR 27 2005 & at :~~HITY DEVELOPMENT 51 ~ IUil -00- Laio t lEi - A.1 ..e- il J ~ ~ Note: - n", pIIItJng ~ for . I'e5bour3nt ,~ one (I J !If"CIO per """Y three (!I) -, ~;.;,~= :\:~ """'"'iIIot~..1o:I pi... two - IIII l'arfol1< reqUIred 3. Dance ftoar 3GO O< ft;. 5 I I j L Dance, :addobon, floor areoG GO ,,!II: 1 ð, JI I l5aob"'3 Þar...... 30 - 10 ~Øo.....,.......Gð- 23 Total: 102 ~- ------ 1111- """"..."',,"""""'"'" .... - """'"""""""",, ............a..,oo, "" "0 0"""" ~r- ",-"'.fT. 10,575 50. fT. 23ð"".fT. 2M "", I'T. tðZ"'.I'T. 20'-7" , "'" 01 ... 5CAI.f: 1/32' - J ',q -- -....-,... -..- --- n _II 1011"11 ILVII CIiIIIIIIJII - _a ßIIIYIIr .. A1INiIH '1IM IUNMO I t*nv:hllllru.'....IIIIIIIaae ISSDGCIY II ", ~ NY1d- INOU.cInDSIa r c: ---- 1.1.) : I I i ~ ~II I = I ¡' i ,. '=='.~ tI , i II ~ JL--.-,If-....----- - i lie f I !~J 0 æ L I , . ' 'Iii II I ¡IIi I II n ¡~ r II II II 0'" II ill jll J: !H!LlIlhHlml E1/i ill II 3'11 u ATTACHMENT C Alcoholic Beverage Sales Establishment Guidelines 2 4 5 10 11 12 13 14 15 16 17 18 151 20 21 22 23 24 25 26 27 28 29 .--...--.-.. RESOLUTION NO. 01-55 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ALCOHOLIC BEVERAGE SALES ESTABLISHMENT GUIDELINES TO INCLUDE A DEFINITION FOR "SPECIALTY STORES" AND RECOMMENDED CONDITIONS OF APPROVAL. 6 The City Council of the City of Tustin does hereby resolve as follows: 7 I. The City Council finds and determines as follows: 8 A. That Amendments to Alcoholic Beverage Sales Establishment Guidelines is considered a "project" pursuant to the terms of the California Environmental Quality Act; and 9 B. A Final Negative Declaration has been adopted for this project in accordance with California Environmental Quality Act. C. That a public hearing was duly noticed, called, and held on this amendment by the Planning Commission on May 14, 2001. The Planning Commission adopted Resolution No. 3778 recommending approval of an amendment to Alcoholic Beverage Sales Establishment Guidelines. D. That a public hearing was duly noticed, called, and held on this amendment by the City Council on May 21, 2001. E. The proposed amendment is necessary to provide guidance for specialty retailers while protecting and minimizing adverse affects on the public health, safety, and welfare of residents or businesses of the City, based upon the following: 1. The proposed amendments would provide guidelines related to establishment of "specialty stores." 2. The amendments to recommended operational conditions would provide for compatibility of "specialty stores" establishments in the commercial and industrial districts. 3. The proposed amendment would provide consistency with Ordinance No. 1237 for adoption of Code Amendment 01-001. 1. As defined, "specialty stores" would be limited in size and located in multiple-tenant centers where a buffer from any --------- --.- ---.-- --- n__~_. Resolution No. 01 -55 Page 2 2 3 4 5 6 7 8 9 10 II 12 13 14 15 F. 16 17 nearby sensitive uses would be typically provided by parking and other commercial tenants. 4. As defined, "specialty stores" would provide unique food and beverage items and alcoholic beverages would be limited to non-refrigerated beverages and a maximum of fifteen (15) square "feet of retail floor area which would minimize the availability of easily consumable beverages and reduce the likelihood of loitering or adverse behavior in the vicinity of the store. 5. As defined, "specialty stores" would have limited hours of operation, which would minimize the disruptions to nearby uses. 6. As defined, the nature, location, size, hours of' operation, and amount and type (non-refrigerated) of alcoholic beverages that could be displayed would act to minimize any potential negative impacts on nearby sensitive uses. That a Final Negative Declaration has been considered and recommended for approval by the City Council in conformance with the requirements of the California Environmental Quality Act. 18 II. The Alcoholic Beverage Sales Establishment Guidelines are hereby amended, as shown in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 21st day of May, 2001. ~~ Mayor M~~ PAMELA STOKER City Clerk 19 20 21 22 23 24 25 26 27 28 29 City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA) COUNTY OF ORANGE) 55 CITY OF TUSTIN } RESOLUTION NO. 01-55 I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, Califomia, hereby certifies that the whole number of the members of the City Council of the City of Tustin is five; and that the above and foregoing Resolution No. 01-55 was adopted at a regular meeting of the City Council held on the 21 st day of May, 2001, by the following vote: " COUNCILMEMBER AYES: Worley, Thomas, Bone, Doyle," Kawashima COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None ~~ Pamela Stoker, City Clerk Exhibit A - Resolution No. 01-55 Alcoholic Beverage Sales Establishment Guidelines CITY OF TUSTIN ALCOHOLIC BEVERAGE SALES ESTABLISHMENT GUIDELINES PURPOSE AND INTENT: The purpose of these guidelines is to set forth guidelines to be considered-in conjunction with the conditional use permit process to promote and protect the public health, safety and general welfare, and preserve and enhance the quality of the City relating to establishments selling alcoholic beverages for on- and off-site consumption. To fulfill this purpose, it is the intent of these guidelines is to: 1. Establish reasonable guidelines to promote orderly development; 2. Identify operational guidelines to minimize the impacts on adjacent properties and neighborhoods; and, 3. Ensure. implementation of certain necessary to protect public safety. regulations POLICY: The guidelines together with the Tustin City Code shall be considered by the Community Development Department and the Planning Commission in conjunction with applications for conditional use permits. The. guidelines define on- and off-site alcoholic beverage sales establishments, identify desirable project characteristics, and set forth recomInended findings and conditions of approval. The provisions contained herein shall be considered guidelines. The Zoning Administrator or Planning Commission may consider deviations when all the required findings can be made. Amendments to these guidelines . shall be considered by the Planning Commission. Alcoholic Beverage Sales Establishment Guidelines Page 1 -...__..- I. II. USING THE GUIDELINES ORGANIZATION The guidelines are o~ganized into four sections: 1. Definitions: The definitions delineate on-site or off-site sales establishments and supplement uses described and regulated by the Tustin City Code and adopted Use Determinations. 2. Permit Process: The permit process identifies processing procedures for obtaining approval for on- and off-site alcoholic beverage sales establishments. 3. . Findings: Findings are provided to be considered for incorporation into project resolutions as adopted by the Zoning Administrator or Plarming Commission. . 4. Development Guidelines and Standard Conditions of Approval: The development guidelines are conditions of approval that are to be incorporated into project resolutions adopted by the Zoning Administrator or Planning Commission. The development guidelines/ conditions of approval provide minimum standards for operational characteristics of specific types of uses. DEFINITIONS The following definitions supplement uses described and regulated by the Tustin City Code and adopted Use Determinations and are to be used in determining whether a use is an on-site or off-site sales establishment. If there is a discrepancy with the following definitions, the Zoning Code shall prevail. Alcohol Beverage Sales Establishments: Alcohol beverage sales establishments are comprised of on-site and off-site establishments. Alcohol is either sold for consumption on the premises (on-site) or sold for consumption off the premises (off-site). The following definitions are grouped under on-site or off-site sales establishments and incorporate the regulations regarding sale of alcohol and types of uses defined by the Tustin City Code and adopted Use Determinations. .:. On-Site Sales Establishment: An on-site sales establishment provides for the sale of alcoholic beverages for consumption on the premises. On-site sales establishments, such as amusement resorts or clubs, are subject to the following minimum distance regulations measured from the closest exterior wall of the on-site establishment to the property line of any of the Page 2 Alcoholic Beverage Sales Establishment Guidelines following sensitive uses. Restaurant establishments, as defined in these guidelines, are excluded from the distance regulations. 1,000 feet from any residentially zoned or used property. 1,000 feet from any other existing off-site sales establishment or on- site sales establishments except for a restaurant. 1,000 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. 1. 2. 3. Definitions of On-Site Sales Establishments: Amusement Resorts: include arcades, theaters, auditoriums, social halls and indoor! outdoor recreation facilities, including billiard! pool halls and bowling alleys. Facilities that serve beer, wine or other alcoholic beverages and are not ancillary to a full- service, restaurant on the premises, or that utilize more than 50 percent of the total gross floor area of the establishment, shall be subject to., the distance requirements for on-site sales establishments. . 0/ Arcade: An establishment that has more than five coin or token operated video, pinball, electronically interactive games, virtual reality games, or any other machines which provide games and! or show movies or videotapes for entertainment purposes. 0/ Billiard/Pool Hall: An establishment with signing or advertising of billards and! or accommodating three (3) or more billard, pool, or similar games of skill. 0/ Bowling Alley: An indoor facility providing lanes and services for the purpose of bowling. These facilities may include ancillary retail'sales of bowling merchandise, food and beverages. 0/ Indoor/Outdoor Recreation Facilities: An establishment designating more than 50 percent of the total square footage including indoor and outdoor areas to amusement/ entertainment services, sports and types of recreation where a fee or admission is charged, including arcades containing coin or token operated amusements and/or electronic games; batting cages, go-cart and miniature auto race tracks; Alcoholic Beverage Sales Establishment Guidelines Page 3 golf driving ranges separate from golf courses;. miniature golf; swim and tennis dubs; bowling alleys; children's entertainment centers; pool and billiard rooms; skating and hockey rinks and parks, virtual reality establishments, etc. This does not include card rooms; or dance clubs, halls and ballrooms, which are included in the definition of "Bars" . ./ Theaters, Auditoriums, Social Halls: An indoor facility for public assembly and group entertainment including public and semi-public auditoriums, exhibition and social and convention halls, civic theaters, meeting halls, country clubs and facilities for "live" theatrical entertainment, musical concerts, motion pictures, video taped presentations, or slide photographs, and offers food and drink that is not ancillary to a full-service restaurant within the premises. These facilities are for use or rent by the general public. . Clubs: An establishment with table and bar seating that serves beer, wine and other alcoholic beverages to patrons for on-site consumption, which is not an ancillary use to a full-service restaurant. If food service is offered, the gross receipts of alcohol sales exceed the gross receipts of food sales. . ./ Bar/Nightclub: A bar or nightclub establishment typically stays open late at night and can offer a combination of live performers, a piano bar, musical groups with acoustical instruments, amplified music, facilities for patron dancing, comedy or magic acts, and/ or food and drink that is not ancillary to a full- service restaurant, and the gross annual sale of alcohol may exceed the gross annual sale of food. A bar or nightclub can also be referred to as a cocktail . bar or alcoholic beverage drinking place. ./ Membership Organizations: Permanent, headquarters, and meeting facilities for organizations . operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations; professional membership organizations; labor unions and similar organizations; civic, social and fraternal organizations; political Alcoholic Beverage Sales Establishment Guidelines Page 4 organizations and other memberslúp organizations. May. include meeting facilities, and food preparation and dining facilities available to members only. However, this does not include country clubs, which is defined under "Theaters, Auditoriums and Social Halls" above. ./ Micro brewery: A tasting facility or bar ancillary to the production of beer and where the production of beer is not ancillary to a full-service restaurant within the facility. . . Restaurant: A retail establishment that sells food and beverages prepared on the site, where customers are served for on-site consumption. At least 80 percent of the premises seating shall be designed and used for and must possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public. The gross annual sales of food shall exceed the sale of alcohol. A restaurant may have ancillary uses such as a lounge, microbrewery, billiard/ pool tables, . video games, public dancing, and live entertainment, ancillary to the restaurant use. In the area devoted to the ancillary use, the gross annual sales of food shall exceed the gross annual sales of alcohol. . .¡' Lounge (Cocktail Lounge): A designated area with table and bar seating within a full service restaurant where alc~holic beverages are served for on-site consumption. The gross receipts of food sales must exceed the gross receipts of alcohol sales. The area of the lounge shall be less than 50 percent of the total dining area of the restaurant. .¡' Micro brewery: If the production of beer is ancillary to a full-service restaurant within the facility providing food and drink including the microbrew produced on-site, the microbrewery can be considered a restaurant. Off-Site Sales Establishment: The sale of .alcoholic beverages for consumption off the premises. Off-site sales in an establishment less than 15,000 square feet and in establishments grea,ter than 15,000 square feet where the alcohol beverage sales area occupies more than 10 percent of the gross floor area are subject to the following minimum distance regulations. .:. Alcoholic Beverage Sales Establishment Guidelines Page 5 1. 2. 3. 300 feet from any residentially zoned or used property. 500 feet from any other existing off-site sales establishment. 600 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. 600 feet from existing on-site sales establishments, except restaurant establishments. 4. Definitions of Off-Site Establishments . Convenience Store: A retail establishment that is under 15,000 square feet in size where food, beverage, magazines and auto related items, or any combination thereof, are sold for off-site consumption. Alcoholic beverage sales are considered a primary use when they occur within a retail business that is less than 15,000 square feet in gross floor area. or where the total area of sales is more than 10 percent of the total gross floor area. . Food Market Store: A retail establishment where food, beverage, household and personal items, or any combination thereof, are sold for off-site consumption. Alcoholic beverage sales are considered an accessory use when included as part of another retail business that occupies at least 15,000 square feet of gross floor area, and where the total area devoted to alcoholic beverage sales occupies no more than 10 percent of the total gross floor area and. are exempt from distance requirements. Alcoholic beverage sales are considered a primary use when they occur within a retail business where the total area of sales is more than 10 percent of the total gross floor area and would be defined as a convenience store. . Micro brewery: An establishment that includes beverage production of . beer and may include a tasting facility and sales of beer produced on the premises. The establishment shall not include the sale of alcoholic beverages for on-site consumption with the exception of sampling the product within a tasting facility. . Restaurant (Take-Out): A retail establishment that sells food prepared on the premises and beverages solely for off-site consumption. Alcoholic Beverage Sales Establishment Guidelines Page 6 IlL IV. PERMIT PROCESS Applicants requesting approval for the on- or off-site sale and/ or consumption of alcoholic beverages shall obtain a conditional use permit issued by the Zoning Administrator or Planning Commission. Projects Subject to the Guidelines The sale of alcoholic beverages for on-site or off-site consumption at new or existing establishments, as regulated by the Zoning Code, Planned Commurùty District Regrilations, or Specific Plans, shall comply with these guidelines. REQUIRED FINDINGS In considering applications for alcoholic beverage sales establishments, the Zoning Administrator and/or the Planning Commission shall find the following: 1. That the establishment, maintenance and operation of selling alcoholic beverages for on- or off-site consumption or ancillary uses related thereto will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of T~stin, as evidenced by specified findings. 2. That the operational characteristics and features of the facility such as the hours of operation, outdoor dining, live entertainment, coin operated video games, and billiard/pool tables, are appropriate for the location and type of use proposed in relation to surrounding residential areas, sensitive uses such as places of worship, parks, schools, hospitals, clinics, convalescent homes, and other similar uses selling or serving alcoholic beverages. 3. That the development or modification of an establishment selling . alcoholic beverages shall be consistent with the General Plan and Zoning Code. Alcoholic Beverage Sales Establishment Guidelines Page 7 v. DEVELOPMENT GUIDEliNES AND CONDITIONS OF APPROVAL ThE following guidelines are set forth as recommended conditions of approval to identify desirable project characteristics and operating conditions for spedfied uses and ensure compliance through incorporation into approval resolutions. Alcoholic Beverage Sales Establishment Guidelines Page 8 1. All Sales Establishments (On-Site and Off-Site Sales): a. Applicants shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic . sales authorized for the site. A copy shall provided to the City. b. Approved uses shall operate within all applicable State, County and the Tustin City Code. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or of the City of Tustin, as they relate to the sale of alCoholic beverages, may result in the revocation of the subject Conditional Use Permit, as provided for the Tustin City Code. c. No loitering signs shall be placed near the entrance on the outside of the premises or in. other specified locations where alcoholic beverages are sold. d. All litter shall be removed from the exterior areas around the premises including adjacent public sidewalk areas, and parking areas, no less frequently than once each day that the business is open. e. Public telephones inside and adjacent to the establishment shall be modified to prevent incoming calls. f. No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. g. Business operations shall be in a manner which does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. h. The applicant shall sign and return an "Agreement to Conditions Imposed" form provided by the Community Development Director which states that the property owner, applicant, and/ or tenant agrees to comply with all conditions imposed by the City. Failure to comply with the conditions of approval shall be grounds for revocation of the conditional use permit. Alcoholic Beverage Sales Establishment Guidelines Page 9 2. All On-Site Sales Establishments: a. b. c. 2.1 2.2 All alcohol shall be consumed on-site with the exception of the provisions stated in the Business and Professions Code Section 23396.5 and 23401. Authorization for on-site sales of alcohol in conjunction with the proposed use is contingent upon the use remaining at the subject site. At such time the use is discontinued or no longer the primary use of the site, the use permit shall be deemed null and void. Ambient noise of the on-site sales facility shall not exceed the standards of the City of Tustin Noise Ordinance. Amusement Resorts & Clubs: a. All persons serving alcoholic beverages within an establishment other than a restaurant must be 21 years of age or older. b. No outdoor seating is allowed at the site without approvals in accordance with the Tustin City Code. c. Operating hours shall be determined. by the Planning Conunission. d. The gross annual sales receipts shall be provided to the Community Development Department annually. Restaurants: a. The restaurant menu shall consist of foods that are prepared on the premises. b. No outdoor seating is allowed at the site without approvals in accordance with the Tustin City Code. c. All persons serving alcoholic beverages within a restaurant establishment must be 18 years of age or older and supervised by someone 21 years of age or older. The supervisor shall be present in the same area as point of sale. Page 10 Alcoholic Beverage Sales Establishment Guidelines f. 3. Off-Site Sales: a. b. d. The sale of alcoholic. beverages within a restaurant establishment shall be limited to the hours when food is available. Service of food q¡enu items shall be during all business hours. e. . . Any cocktail lounge or bar area within a restaurant shall function as a food and beverage service bar. One billiard or pool table shall be permitted for every 2,000 square feet of total gross floor area of the restaurant up to a maximum of two (2) tables. g. A maximum. of five coin operated video arcade games, virtual reality games or com operated games may be located on the premises. . h. Operating hours shall not exceed the hours of other similar businesses within the adjacent vicinity. i. The gross annual sales receipts shall be provided to the Community Development Department annually. J. To verify that the gross annual sales of food exceeds the gross annual sales of alcohol in an area devoted to an ancillary use, an audited financial statement shall be provided for review and approved by the Community Development Director quarterly and/ or annually, as deemed necessary. If the audited financial statement demonstrates that the sales of alcohol exceeds the sales of food in the area devoted to the ancillary use, the ancillary uSe(s) shall cease immediately until it can be determined whether the ancillary use is operating as a primary use that would be subject to distance separation requirements. All p~rsons selling alcoholic beverages for off-site consumption shall be 21 years of age or older. No alcoholic beverages shall be consumed on the property. or any adjacent property to the licensed premises. Alcoholic Beverage Sales Establishment Guidelines Page 11 c. Refrigerated single serving beverage containers shall be located in an enclosed"refrigeration unit no less than 10 feet from the point of sale and a minimum of five feet from the entrance to the premises. d. No display, sale or distribution of alcoholic beverages shall be made from an ice tub, barrel or similar container. e. For establishments selling alcoholic' beverages and gasoline, no signs advertising alcoholic beverages may be visible from the exterior of the building or on gasoline pumps or islands. f. Display of alcoholic beverages for sale shall be located at "least 25 feet from the location of any video arcade game, virtual reality -or coin/ token operated games. Alcoholic Beverage Sales Establishment Guidelines Page 12 ATTACHMENT D Picture of Awning Sign <1..) :u .c - UJ ff) -I- C en ' - ::: ... ~C .Çl... "- >-- ;>...J aU a 0'\ ATTACHMENT E Tustin News Advertisements Dated April 21 and June 2, 2005 Ad - La Sera Page 1 of 1 Publication: Tustin News;Date: June 2, 2005;Section: Schools;Page: 35 .. A<:t!vePel>er . ~"\\\ {1f.fe fit CUi§' ,",v .a I~~ . ,. S I TRY OUR CUISINE from . South ofF ra nee ,Italy and Spain I'JIÞ - ~ ALL ARE MADE WITH FRESH ~ ~ . INGREDIENTS!!! A Different Cui~ine with Different. Entert..inment.! ~~th ers - BruJi lQ;rug$ . &\nquet t' . "Evenin9 Events" ~..ulHir¡ng: . All Kit 11'1>0 . Bartel . DinIng Serv . Banquet Co 900 West Firs @l . urfet ~~!,! ! La, f"r'b\ k<! thi ~ f~th€:r8 D~~ uniqœ e'X peri€:oc€:! :OOam.. 3:30pm Reserve Your Seats Early! Ilia 92180 Tel: 714-543-9319 http://epaper.ocregister.com/Repository/getFiles.asp?S ty le=O liveXLib: Low LevelEntityT oPrintGifMSIE - OCW &Type=textlht... 06106/2005 Ad - Revere House Page 1 of 1 Publication: Tustin News;Date: April 21, 2005;Section: Viewpoint;Page: 9 .. ActlvePaø.r . Iy",- http://epaper.ocregister.com/Repository/ getFiles.asp?Sty le=O liveXLib : LowLevelEntityT oPrintGifMSIE - OCW &Type=text/ht... 06/06/2005 ATTACHMENT F Resolution No. 3976 RESOLUTION NO. 3976 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 04-031 AUTHORIZING LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING RESTAURANT LOCATED AT 900 W. FIRST STREET. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. B. C. That a proper application, Conditional Use Permit 04-031, was filed by Henry Araghi and Ana Ortiz on behalf of AraghiOrtiz, Inc., requesting authorization to provide live entertainment in conjunction with an existing restaurant (La Sera! & Baby Jun!) located at 900 W. First Street. That the General Plan land use designation of Community Commercial and the Central Commercial (C-2) zoning district provide for a variety of commercial uses, including restaurant uses. Live entertainment is allowed with the approval of a Conditional Use Permit as required by Section 9270.b(e} of the Tustin City Code. In addition, the project has been reviewed and determined to be consistent with the Air Quality Sub-element of the City of Tustin General Plan. That the proposed live entertainment in conjunction with a restaurant use will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, in that: 1. The proposed live entertainment use is consistent with Section 3231 et seq. of the Tustin City Code which regulates live entertainment within bona fide restaurant businesses. 2. The General Plan land use designation of Community Commercial and the Central Commercial (C-2) zoning district provides for a variety of commercial uses, including restaurant uses. Live entertainment is allowed with the approval of a Conditional Use Permit as required by Section 9270.b(e} of the Tustin City Code. In addition, the project has been reviewed and determined to be consistent with the Air Quality Sub-element of the City of Tustin General Plan. 3. The live entertainment use is proposed in conjunction with an existing "bona fide" restaurant use as authorized in Section II of the Alcoholic Resolution No. 3976 Page 2 4. 5. 6. Beverage Sales Establishment Guidelines adopted by the City Council on May 21,2001, through Resolution No. 01-55 and Section 9232(b}(p) of the Tustin City Code. The applicants have indicated their intent to continue to operate the existing facility as a restaurant, which serves food during posted business hours. The restaurant is located on a property bounded by the 55 Freeway to the east, a primary arterial roadway to the north. The restaurant is not adjacent to sensitive uses such as: churches, playground, schools, etc.; however, the facility would be required to comply with the Tustin Noise Ordinance to ensure ambient noise levels are maintained near the hotel on the adjacent property to the west, and the residential condominium property located within 300 feet from the south property line. The restaurant has and is currently providing live entertainment that is exempt from the requirements for a live entertainment permit such as single performers, duos, disc jockeys, or karaoke singers, and the City has no records that the existing live entertainment and/or the existing restaurant operation have caused any problem to the neighborhood or improvements in the vicinity. 7. As conditioned, the closing hour of the restaurant shall be 12:00 a.m. daily, and the live entertainment would cease at 11 :00 p.m. daily to ensure the operation is consistent with other bona-fide restaurants in the community. 8. As conditioned, Conditional Use Permit 04-031 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 04-031, or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. 9. The applicant has not requested approval to locate any sexually oriented business or use within the existing restaurant. In accordance with Section 3912(a} of the Tustin City Code, sexually oriented businesses are not permitted within the Central Commercial (C-2) zoning district; therefore, no sexually oriented businesses shall be conducted on the property. Resolution No. 3976 Page 3 10. The implementation/application of the proposed conditions would ensure compatibility of the proposed live entertainment use with the surrounding uses and the Tustin City Code. D. This project is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). E. That a public hearing was duly called, noticed, and held for Conditional Use Permit 04-031 on June 13,2005, by the Planning Commission. II. The Planning Commission hereby approves Conditional Use Permit 04-031 authorizing the provision of live entertainment in conjunction with an existing restaurant located at 900 W. First Street, 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 on the 13th day of June, 2005. JOHN NIELSEN 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 Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3976 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of June, 2005. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 EXHIBIT A RESOLUTION NO. 3976 CONDITIONAL USE PERMIT 04-031 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped, June 13, 2005, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. All conditions in this Exhibit shall be complied with prior to the commencement of the live entertainment or as specified, subject to review and approval by the Community Development Department. Approval of Conditional Use Permit 04-031 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3976 Page 2 (1 ) (1 ) (1 ) (***) (1 ) 1.5 1.6 1.7 1.8 As a condition of approval of Conditional Use Permit 04-031, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. The applicant shall be responsible for costs associated with any necessary code enforcement action, including attomey fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. Conditional Use Permit 04-031 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 04-031, or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. 1.9 No change or alteration of the tenant space shall occur without prior approval of the Community Development Director. Modifications to the floor area including removal of fixed seats, services, and/or operation of the business may require consideration of a new Conditional Use Permit. USE RESTRICTIONS (1 ) 2.1 Approval of live entertainment and public dancing are contingent upon the primary business remaining as a bona fide restaurant or eating Exhibit A Resolution No. 3976 Page 3 (7) (7) (7) (1 ) (7) (5) (5) 2.2 2.3 2.4 2.5 2.6 2.7 2.8 establishment. A bona fide restaurant or eating establishment is defined as a retail establishment that sells food and beverages prepared on-site, where customers are served for on-site consumption during the posted business hours. In accordance to Section II of the Alcoholic Beverag.e Sales Establishment Guidelines adopted by the City Council through Resolution No. 01-55, to operate exclusively as a restaurant, at least 80 percent of the premises shall be designed and used for and must possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public. The menu of the restaurant shall consist of foods that are prepared on the premises. 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. The maximum number of seats shall comply with the number of available off-street parking spaces within the entire center. Based upon the proposed plans and the formal dining area, informal dining area (lounge), banquet/live entertainment areas operating simultaneously, the formal dining area includes a maximum of sixty-eight (68) persons, the informal dining area (lounge) includes a maximum of thirty (30) persons, and the banquet/live entertainment area could have up to 135 persons. A request for additional seats requires submittal of a parking summary which must be reviewed and approved by the Community Development Department prior to increasing the number of seats. Based upon eighty-one (81) provided parking spaces, the maximum building occupancy shall be 243 persons. Any bar located within the facility shall function as a food/beverage service bar. No off-site sale or consumption of alcohol is authorized, except partially consumed bottles of wine as authorized in the Business and Professions Code Section 23396.5. 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 the same area as point of sales. (1 ) (1) (1) (1) (1) Exhibit A Resolution No. 3976 Page 4 (7) 2.9 Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Service of food menu items shall be available during all business hours. (1) 2.10 Authorization to provide "Live Entertainment" shall not include Adult Entertainment, sexually oriented business, burlesque shows, and lewd or indecent acts. Sexually oriented businesses shall obtain special permits pursuant to Tustin City Code Section 3900 et seq. (1 ) 2.11 The types of live entertainment permitted include single performers, duos, disc jockeys, karaoke singers, live bands, the use of a piano, organ, keyboard, radio, record, tape, compact disc player juke box, or television receiver. Any change to the type of live entertainment other than authorized by this Conditional Use Permit shall be authorized by the Director of Community Development. 2.12 A live entertainment permit from the Community Development Director shall be obtained prior to establishing, conducting, or carrying on any live entertainment permit. The live entertainment permit shall be non- transferable to any person(s). 2.13 Based on the square footage of the restaurant, a maximum of 360 square feet of dance floor area, and a 180 square foot stage would be permitted. Any increase in the size of the stage or dance floor area would require review and approval by the Community Development Director and/or Planning Commission. 2.14 Operating hours shall be as follows: The closing hour for the restaurant be 12:00 a.m. daily based upon the continued operation of the existing restaurant. Live entertainment shall cease at 11 :00 p.m. daily. No new patrons shall be admitted after the closing hours and patrons shall vacate the premises within thirty (30) minutes after closing. 2.15 Live entertainment and public dancing shall be located entirely within the interior of the restaurant. Stage or entertainment areas shall not be open . to view from outside the premises, and no outdoor speakers shall be permitted. 2.16 No business operating with a valid Live Entertainment Permit shall employ any person who has been convicted of illegal drug usage, drug dealing, or prostitution within the last five (5) years. (7) (7) (7) (1) (*) Exhibit A Resolution No. 3976 Page 5 (1 ) 2.17 No outdoor seating shall be permitted unless a separate Conditional Use Permit is approved pursuant to the current provision of the Tustin City Code. (1 ) 2.18 No exterior public phones may be located on the premises. Any existing public telephones shall be modified to prevent incoming calls. (1) 2.19 All litter shall be removed from the exterior areas around the premises, including adjacent public sidewalk areas and parking areas, no less frequently than once each day that the business is open. 2.20 Business operations shall be in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. 2.21 The ambient noise levels facility shall not exceed the standards of the City of Tustin Noise Ordinance. 2.22 "No skateboarding" and "No loitering" signs shall be posted on the site with sign details and locations to be approved by the Community Development Department. Said signs shall include the telephone number of an on-site manager or security personnel to address and/or mitigate any violations. 2.23 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicants to prepare a parking demand analysis, traffic study, or noise analysis and the applicants shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicants shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: (a) Adjust hours of operation. (b) Eliminate live entertainment. (c) Reduce or increase the number of seats. (d) Require additional on-site security personnel. 2.24 The building entrance into the lounge/live entertainment area shall be limited to exit only and the sign shall be replaced to match the awning Exhibit A Resolution No. 3976 Page 6 facing First Street. The main restaurant entrance shall be the doors facing First Street, unless approved otherwise by the Community Development Department. (*) 2.25 No "cover charge" may be collected to enter the lounge and live entertainment area. FEES (1 ) 3.1 Within forty eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of forty- three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.