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Home My WebLink About01 LA SERA & BABY JUN 07-18-05 A G END A REPORT Agenda Item 1 Reviewed: ~ City Manager ~ - Finance Director ~ MEETING DATE: JULY 18, 2005 TO: WilLIAM HUSTON, CITY MANAGER FROM: SUBJECT: COMMUNITY DEVELOPMENT DEPARTMENT APPEAL OF CONDITIONAL USE PERMIT 04-031 (LA SERA! & BABY JUN!) SUMMARY On June 13, 2005, the Planning Commission approved Conditional Use Permit (CUP) 04-031 authorizing live entertainment in conjunction with an existing restaurant at 900 West First Street. On June 20, 2005, the City Council appealed CUP 04-031, noted their concerns that the project would operate as a nightclub, and requested that staff address those concerns and bring the permit to the Council for consideration. Applicant: Henry E. Araghi and Anna Ortiz Property Owner: Mohsen Ghaneian Appellant: Tustin City Council RECOMMENDATION That the City Council adopt Resolution No. 05-86 approving Conditional Use Permit 04- 031 to authorize live entertainment in conjunction with an existing bona fide restaurant (La Sera! & Baby Jun!) located at 900 W. First Street. FISCAL IMPACT The applicant has paid fees for the processing of the entitlement application. BACKGROUND AND DISCUSSION On June 13, 2005, the Planning Commission approved Conditional Use Permit (CUP) 04- 031 authorizing live entertainment in conjunction with the existing restaurant, La Sera! & Baby Jun! at 900 W. 15t Street. After conducting a public hearing and receiving public testimony, the Planning Commission modified conditions of approval related to hours of operation, use of entrances/exits, and cover charges (Attachment H). On June 20, 2005, the City Council appealed CUP 04-031 and noted their concerns that the approved project would operate as a nightclub and requested that staff address those concerns and bring the permit to the Council for its consideration. Specifically, the Council identified their concerns related to: promotions for special events and to ensure that those events are July 18, 2005 Appeal of Conditional Use Permit 04-031 Page 2 of 6 ancillary to the primary restaurant /dining use; cover charges or other charges that may be typically associated with a nightclub use; uses of entrances and exits; minimum age requirements; and general policy issues to ensure that a restaurant rather than a nightclub would be established. Conditions 2.1 (Resolution No. 05-86) et seq. address these specific issues of concern. Proiect Description and Associated Issues 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). The owners/applicants 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, building a coatroom, and remodeling 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 a variety of live bands. 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 proposed live entertainment use may be authorized only in conjunction with a "bona fide" restaurant use as defined in the City Council adopted Alcoholic Beverage Sales Establishment Guidelines (Attachment C). 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 was concerned and indicated to the applicant that the initial application submitted to the City appeared to be a nightclub rather than a restaurant based upon the following: . The floor plans showed the lounge and live entertainment areas being combined into one large area with stage, disc jockey booth, and sound and lighting systems with very little seating provided; July 18, 2005 Appeal of Conditional Use Permit 04-031 Page 3 of 6 . Two (2) separate building entrances, one with a metal detector (Attachment D - Floor Plan, dated December 1, 2004) and an ex1erior awning sign stating "Baby Jun! A Different Club with Different Entertainmenf' (Attachment E - Picture of awning sign); . Business advertisements from Tustin News describing the business as "A Different Cuisine...A Different Club" (Attachment F - 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. 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. There is a residential condominium project located less than three (300) feet from the property; therefore, the applicant cannot establish a night club at this location. If the property met the minimum distance separation requirement, staff would have additional concerns regarding 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. Allowing non-conforming structures to continue operating without necessary improvements, such as fire sprinklers, has become a major issue for local jurisdictions in the United States resulting in greater risks to life and safety as well as legal repercussions as seen in the major night club fire that occurred in West Warwick, Rhode Island, in February, 2003. (Attachment G - 'West Warwick Copes with the Aftermath of a Nightclub Fire" by Wolfgang Bauer, dated June 2005). Distance Separation to Sensitive Uses Since the proposed live entertainment is proposed in conjunction with an existing restaurant, Tustin City Code (Section 9233(c) (v)) exempts the facility from meeting regulations establishing a minimum distance to sensitive uses (Le. churches, residential, parks, playground, etc.). Condition 2.1 is recommended to require that the establishment July 18, 2005 Appeal of Conditional Use Permit 04-031 Page 4 of 6 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 non-conforming regarding the number of required parking. Since no additional seating or expansion is proposed, no additional parking spaces would be required. There are eighty-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. As shown on the plans and assuming all uses operate simultaneously, the formal dining area includes a maximum of six1y-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, or a total of 243 persons (Condition 2.5). Hours of Operation The applicant proposes to operate the business as follows: As noted, the applicants desire to operate the restaurant until 1 :00 a.m., which is uncharacteristic of a restaurant use. Staff recommended at the Planning Commission hearing that the restaurant close by 12:00 a.m. each night and the live entertainment cease by 11 :00 p.m. each night, so that the facility operates more similarly to what might be considered "typical restaurant hours," and to reduce the potential disturbances to adjacent sensitive uses. The Planning Commission modified this condition to allow the restaurant to remain open until 12:30 a.m. 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, Condition 2.21 would require compliance with the Tustin Noise standards related to interior and exterior noise. Condition 2.23 is also included, which requires the applicant to mitigate any noise impacts if the City determines in the future noise violations result from the approved live entertainment. July 18, 2005 Appeal of Conditional Use Permit 04-031 Page 5 of6 Building EntrancesÆxits Typically bona fide restaurants do not have two (2) entrances. The provision of two (2) entrances (each having a different business name and description on the overhanging awning) creates the perception that two (2) separate businesses are operating on-site: one business that is associated with the restaurant and one business that is associated with the clubllive entertainment area. Based on the existing awning, the applicant appears to be differentiating between the clubllive entertainment portion of the business and the restaurant. To ensure that one business is operating at the site (Le. a restaurant use with ancillary live entertainment), Condition 2.24 is included, which limits the building entrance into the lounge/live entertainment area to exit only and 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. Condition 2.25 is also included to prohibit charging a cover charge, drink minimum or similar 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 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. Council Concerns Annual Review The City Council identified their concerns related to: promotions for special events and to ensure that those events are ancillary to the primary restaurant Idining use; cover charges or other charges that may be typically associated with a nightclub use; uses of entrances and exits; minimum age requirements; and general policy issues to ensure that a restaurant rather than a nightclub would be established. Conditions 2.1 et seq. (Resolution No. 5-86) generally address the use of the property. Conditions 2.24, 2.25, and 2.26 have been particularly included to address the Council general policy concerns. In addition, to ensure the business is operating in compliance with the conditions of approval, Condition 1.8 is included so that Conditional Use Permit 04-031 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. tfM{;- w W:: Matt West Associate Planner ~Æ_;':;:~ lizabeth A. Binsack Director of Community Development July 18, 2005 Appeal of Conditional Use Permit 04-031 Page 6 of 6 Attachments: A. B. C. D. E. F. G. Location Map Submitted Plans Alcoholic Beverage Sales Establishment Guidelines Portion of Floor Plan, dated December 1, 2004 Picture of Awning Sign Tustin News Advertisements, dated April 21 and June 2, 2005 'West Warwick Copes with the Aftermath of a Nightclub Fire" by Wo~gang Bauer, dated June, 2005 Pianning Commission Minutes dated June 13, 2005 Resolution No. 05-86 H. I. S:\CddlCCREPORT\CUP 04-031 Appeal final (LaSera).doc ATTACHMENT A Project Location Map 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. (Applicant: 'Henry E. Araghi and Anna Oritz, on behalf of AraghiOrtiz, Inc.; Owner: Mohsen Ghaneian, on behalf of Orcutt Corporation) ATTACHMENT B Submitted Plans !lNwwa ns """",,,..:::1:1"- """"'M... _0 .... IllS . - -- 'NO~a 1,1 .J:JaIOIId ...~.. ------------- /////////// , ! ¡ I!; i I ¡Iii "' ~.. i iii~~ ,,~ -. Ð- ~õe ~ I~ 'I~ J I'll: Hfïi~!tft k . ~ u mMJ I ::::~~ ,...,.....,,~----- I I IIi "~ ~ - " : I " ¡¡li'lpl'i¡li!i~ 11!!!iHIHH!!H II ¡~ 2 III I i~ II~ ATTACHMENT C Alcoholic Beverage Sales Establishment Guidelines RESOLUTION NO. 01-55 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. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 That Amendments to Alcoholic Beverage Sales Establishment Guidelines is considered a "project" pursuant to the terms of the Califomia Environmental Quality Act; and 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 Resolution No, 01-55 Page 2 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 iterns 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 confonmance 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. 19 20 21 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 21st day of May, 2001. ~~ PAMELA STOKER City Clerk 22 23 24 25 26 27 28 29 ~~ Mayor CityofTustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA) COUNTY OF ORANGE) SS 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, California, 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 ~ KYtlÛ, ~ 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 Dty 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 regulations necessary to protect public safety. POLICY: The guidelines together with the Tustin City Code shall be considered by the Community Development Department and the Plarming CoIImÚssion in conjunction with applications for conditional use pennits. 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 Planrûng Commission may consider deviations when all the required findings can be made. Amendments to these guidelines shall be considered by the Planning CoIImÚssion. Akoholic Beverage Saæs Establishnrent GuUklines Page 1 USING THE GUIDELINES I. ORGANIZATION The guidelines are organized into four sections: 1. 2. II. 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. Permit Process: The permit process identifies processing procedures for obtairùng 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 Planning 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 adapted 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 Detenninations. .:. 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. . ./ 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. ./ BilliardIPool Hall: An establishment with sigrring or advertising of billards and/ or accommodating three (3) or more billard, pool, or similar games of skill. ./ 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. ./ 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; Page 3 Alcoholic Beverage Sales Establishment Guide1in£s golf driving ranges separate from golf courses; miniature goJ£; swim and tennis clubs; 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". ,f 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. . ,f 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. ,f 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 Page 4 Alcoholic Beverage Sales Estoblish11umt Guid£li""s organizations and other membership 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 arumal 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 alcoholic 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. ,( Microbrewery: 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 grel',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. .:. PageS Alcoholic Beverage Sales Establishment Guid£lines 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 III 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 Community District Regulations, 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 Tustin, 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 Saks Establishment Gujd£li""s 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 Guidelirres 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, CO'ilIlty 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 gro'ilIlds for revocation of the conditional use permit. Page 9 Alcoholic Beverage Sales Establishment Guidelines 2. All On-Site Sales Establishments: 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. a. 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. b. c. Ambient noise of the on-site sales facility shall not exceed the standards of the City of Tustin Noise Ordinance. 2.1 2.2 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 Commission. 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 Guiddin£s 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 D;lenu 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. f. 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 coin 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. Page 11 Alcoholic Beverage SaIu Establishnrent Guidelines 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 Silks Establishment Guideli""s Page 12 ATTACHMENT D Portion of Floor Plan, dated December 1, 2004 ~ "" ". ,.",,' "c lE) WALK IN = = = a:: == l ¡:;:,,~,,= = = = = = l P= II II II II II II ======::!\::ø;=====::!\::= []] é:,~~:i,;, ßJ....IS!1 I ---------- I ---------- lE) BAR «".----1\ ,,-------------- r ¡, QROVRD JrItJOOR ~ItJAR J (N) COf'T ROOM p'EPLACE (E þOOR WITH f-- fv1ETAL . J .....-...-~ / þETECTOR ':P 'r '--...'" I I aBeTtOR C-C 5CALE, 1/4"= '-0" ~3~1 '" I- <{ 0 u Z RE LACE (E) DO R WITH ME AL DE ECTOR 2'- I o"-f,!c.-s" 3" c c 7' r~"T~"\ ~'i"1 ~!iJi'I. RIf'lIi'1I'ft6f I ft6~E~AJr. 'Ii"'E~EJIP!I!iJil.JE\lR "¡"""'dI ~'1!0!1'~ =0 =o",'I!o!I"I!o!I'ø!!l ø>!!..E!I =0 ==M oY'oE!I =0 oE!I~ =o-'I!o!I'=o", SCALE: 1/4"= 1'-0" ATTACHMENT E Picture of Awning Sign ~, v <!) ð5~ 0 ~.J ,~ 0 ¡:'¡"p" .~ ~u 0 0 (7\ ATTACHMENT F 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<llv.Þ.ø.,- ~a S I TRY OUR CUISINE from ... .... ..,'., ,. South of Fmnce, Raly a. nd Spain ðl/llÞ ~...c C ALL ARE MADE WITH FRESH ~~ . INGREDIENTS!!! ADifferentCui!!inewithDifferentEntertainment! cc'c,.. ....cC" C,'" ~ ~ ~\\I.. C",'/~t.f@Ì.\ñ er'~',~~~ , B rûncH.B u ff et @fiIy ~l~~~cO f\1@IIkt!: thi!! f@\thers D@\\I @I unìque eJ<perieœe! . ~nquet f@¡êiUties . "Evening Eventß" New Hiring: . All Kllchenl>osltlons 10:00am - 3:30pm . Bartenders & CoGk1a1IServers ~ R v . Dining Servers & Bussers .. eserVl:!IOUr . Banquet Coordinators Seats Early! 900 West First Street.. TuBUli. California 92780 Tel: 714-543-9319 http://epaper.ocregister.com/Repository/getFiles.asp?S ty le=O liveXLib: Low LevelEntityT oPrintGifMS IE OCW &Type=text/ht... 06/06/2005 Ad - Revere House Page I of I Publication: Tustin News;Date: April 21, 2005;Section: Viewpoint;Page: 9 . Adl""...., " http://epaper.ocregister.com/Repository/getFiles.asp ?Sty le=O liveXLib: LowLevelEntityT oPrintGitMSIE - oew & Type=text/ht... 06/06/2005 ATTACHMENT G "West Warwick Copes with the Aftermath of a Nightclub Fire" by Wolfgang Bauer, dated June, 2005 COVER STORY by Wolfgang Bauer West Warwick Copes with the Aftennath of a Nightclub Fire s of February this year, it had been two years since the Station nightclub burned to the ground in West Warwick, Rhode Is- land, taking 100 lives and injuring many people who were at- tending a band concert at the club, In the aftermath of this fire, a substantial number of things have changed for the town, as well as for those who sur- vived and those who lost their loved ones that horrific evening, This article addresses some of the challenges that have faced and con- tinue to face the town of West War- wick (population 30,000), IN THE WAKE OF THE EVENT After the fire, one of the most imme- diate issues for the town was coping with press coverage, Almost all of the major regional newspapers kept the fire scene and story on the front pages of their papers for a long time, Just hours alter the fire, responding to media requests for information had already become a full-time job for two to three people on the town's staff. -~-~~ ---~- __----n'~~- ~---~~----~ www,kma.o.g/pm One of the first requests, for example, was for copies of the fire and police tapes and dispatcher logs, In fact, the regional media requests were so ex- tensive that it began to feel like the town was working for reporters and not for its citizens, The fire department and the build- ing department, through the town clerk and the solicitor's offices, also had to respond to requests for infor- mation that were not directly related to the Station Club fire but stemmed from fire inquiries, For example, queries included how many night- clubs had been inspected, and there were requests for previous inspection reports, Inspection-report requests then broadened to comprise restau- rants, schools, businesses, and other public facilities, and each of the re- ports requested covered the life of the property. This effort ended up involv- ing thousands of pages, and the fire marshal had to refamiliarize himself with the reports to answer media questions accurately, For instance, requests broadened to include fire and building inspection -..~-~..~.-..~.-~.~.~- , ,--,'--~.~~~....... ~-.. -.,~-. ~-,.~~.~ ~,~....",=I . ....... ~ ~ _l'ublidtanagement "J"ne 2illJ5- . ~ ------ .--n -- . ~ n. - reports for every large site in the town capable of serving as a place of assem- bly. Many of the requests included in- spection reports from five to 10 years ago, and some records that were needed had to be pulled from boxes in storage, Because media representa- tives wanted everything immediately. a number of court challenges resulted, relating to what information could and could not be released, Most of the fire and police tapes, logs, and records were requested immediately by the attorney general for an ongoing criminal investiga- tion, thus sealing them from open- records requests, The media then went to court, with the majority of the court effort for the release of records directed both at the town and the state, At the same time, West Warwick Police Department and legal representatives wanted to keep much of the information sealed for investigative purposes and not make it immediately public, In some cases, we jnst had an administrative problem in comply- ing with the number of requests within the 10 days allowed by the state records law. But in the end, and after a number of open record challenges, all information was re- leased, including tapes and logs, It is still not unusual to hear excerpts of the tapes on radio and television programs relating to the fire, ACCUSATIONS AND CLEANUP The print media and the local radio and television shows directed their attention immediately at who was to blame and who was at fault, Although the owners of the business conduct- ing the concert received the major blame for the fire, members of the public were quick to blame the town's building official and the deputy state fire marshal, who is a local fire- department employee, The blame game extended to sug- gesting that there must have been a pay-off to thë"lówn council and that the town manager ought to be fired, Rhode Island is a small and political state, so, no matter what happens, the .=~~-~~:~~U:~QQÓ~~: thought that someone has to be on "the take" persists, In the end, noth- ing happened, but one lesson learned was that the right thing to do is to make information as public and open to scrutiny as possible by providing it in both print and verbal formats, If you don't do this, you give the appear- i ance that the town's staff is trying to hide something, Holding an opposite opinion to the I~Próliably,the rriajói: I =::a~ : mó-~ê:tnarL200dyiC . cláíMs::rciii1iDnet~y ~..:: I .: da:magJó.iit"ã£l1adbëeri: -. flIèdwfientfiísártíClê- -" : was written. BecauSe._- _ttie-:-ilieDdêêÜ»nthe . .- nigl1fortliê-cóncêrt :':came.kórii.ã.-:-numher -, .: of states, tlie,i.Ssue.of . - - , -_: deCTdìng:fl1e::ciiüi£ór:' :jurisaidiDiil1as been:af: :.tòeJórefiònt:of the ::::Jegal :acfìŸitY~:- immediate release of information are the attorneys, whose guidance basi- cally is, Don't give anyone anything, and don't say anything, If there is a public relations situation that can be corrected, the attorneys will advise against it, My comments in this arti- cle, for instance, had to be submitted to the lawyers for approval. Major news issues surrounded the installation of flammable soundproof- ing by the building's occupant without any permits, as well as the possibility that the flammable material was missed during the last annual town safety inspection, Perhaps ironically, the use of illegal fireworks by the band at the beginning of the concert-the practice that staTted the fire because there was almost no clearance between the ceiling and the fireworks-took a backseat in the media discussions, West Warwick responded to the fire scene with significant amounts of mutual-aid assistance, including the use of 60 or 70 ambulances. without raising any budgetary concerns or implications, The widespread and massive investigation that followed, however, including site security and cleanup, ended up costing hundreds of thousands of dollars, Although the incident certainly was large in loss of life, it happened on only one lot that was Jess than an acre in size, FEMA funds were not authorized to pay for the after- math of this incident because of the small geographic impact. After significant efforts by Rhode Island's governor and the state's congres- sional delegation, however, some reimbursements to the town finally took place through the U,S, De- partment of Justice, It is almost impossible to predict the outcome of the cases that have been filed or of those that still will be filed, To attempt an estimate: there may be some 400 cases filed when this is all done, and the town is liable for up to $100,000 per case, Total insurance coverage for the town is $4 million, of which a sub- stantial amount will go toward pay- ing for legal defense, It is estimated that the total demand for all of the cases will approach a billion dollars, CONSEQUENCES This author contends that the night- club disaster, considered broadly, has changed many of the building and fire code regulations in the United States, Rhode Island, Massachusetts, New Jersey. and perhaps other states al- ready address the issue of "places of assembly" and the grandfathering of older buildings differently, A lack of sprinklers, for example, is no longer a grandfathered item, Because of the new laws, inspection relllllJelnculs "anl!v In still lime IT- lfLlLlTmellls Insl":ClnH15 ami adjllst, I11C1H5 Wl'l'C so hurdensome lor awlrdl' llrat lhe- rowll had a considerable back- log lor quite Some time Blit from JlI- 1,>rOWliull I've lTeeive", "appears that lire alld building aclOSS the eou/lLry arc more aud lire pre- veurloll has ben)tlll' a high pnority ill cotlllnullilles In West Warwick speciIiG11ly, we had added an cstra Irre marshal a few monrhs hefore tire lire, We have now addcd a tlmd lire marshal. aloug wrth all admilnsuative assiSiant. Not all of lire addiliolla!lnlll1J)()wer IS lire dIreel rclillll 01 rhe hre: mOsl IS III luthctoWIlV;srglll[,""lll ami hllddlllg acrrvillcs. Fortunalely, West Warwick her'; a 111Imher 01 hlg I'rolcers takillg placc alld Ihe' additioualtllspnilull ""pamv has Iwell ucedcd to mee! custol1ler- ,,'['vIce Frorn lowns pCT,!Kellve, Iwo areas 01 major CUlleerll haven't pro- gressed io " dehnlLivc point at rhis slagc, hrsl, in Lhe idtermath of Ilus ClllaSiropllL', wc know Ihal :t had a Illa)or cllcCl 011 e¡¡ch peNH) who worked dl1nng the hrc. elilrcr 1I1 tire budding's ITmiuns ot u¡¡¡sidc oj il. ,\ greal 11IIIlIber of hrcfighil'rs aud po- lice olTicers worked In or close to tbe lacili tv from 11](' stan or the fliT Ulli il all 01 the bod,es had been removed 11'O1I1 I,he snc, Wlrat Ihey wllnessed was m soille cases hornlìc. For SOllle, the sight was so awlul that it has resulled In disahilily relm'- mults, Others have had a greater ca- to cope with thcrr memories, panicipalilln In and lingering of the will remain wllh lurtlierest Iheirlrves, It is quite possihle that additIOnal I'nT and personnel will be illca- helore their norm"l retire- ment dates, The town, through each department's chain of command, is working hard to provide the necessary prolessional human-service suppon, hoth on all individual and a family basis, SloUed medical aSS1stanee and diagnosis from professionals who can www,ò<ma,"'gipm Th;s temporary memorial was establ;shed by relatòves and friends of people who died ;n the Stat;on nightclub fire, A permanent memorial ;5 planned for the site, treat "reoo IS being I'nn1l the charged crimInally I'anl 111: until airel' the crnnrnld trlol. Thus, I helieve Ihl' Veal' 2001, 1'1 oplll1llslic lor the star! of the uvi [ Ina!: 2007 or 200K probable IS more rcalrstle, ¡he eOllcern IS iI,al any evl'I1tua!¡udgml'l1t against till' town, should IllIS hI' the oull'ome, will linger in all our finanCIal disCLlssions nmd a linal deeisloll IS rendned Ikrause 01 the sums of mouey In- volved in Ihe claims and Ihl' state lun- "s iJn claims agaInst liJGd govnn- ments, rill' amount 01 money needed to /ulhll an)'JudgmcllIS may he I,mllcd but far exceed the coverage pro- the towu's insurance policies, A Island stale judge' COIII"'- ues 10 address some 01 the issues re- lated to the evidence and olher mal- ters pertaining to the cnmina! case, As the casl' moves forward in thc eonrt it could once more highlrght and enulcl require that town employees partln- pale in the deposition wbich would involve 01 hours of testimony Probable, Ihe malOl' I 111 paL'l vet to hc experienced inyolves the legal ISsnes and Ihe more dun 200 civil dairns fur munel"")' thm had been Irkd whcn Ihis was wntrel), Bccause I he attendees on I hc I1Ighl 01 the con- ccrt came lrom a Humber "I Slales, the ISslleol'c1emlinglheCIIllrtol'lunsdic, lJon has been at Ihe lorcfrom of Ihe kgal aCllvity Fcdera] legislation I'or- mubtcd ,¡I'ter 9/1 I provICks lor the pos5lhi!ily oilising Ihc kderal couns in cases mvolving at leas I 75 deaths rc, sulLing lrom Olle mcldent. Initial lihllgs were mack in Rhode Island State Courl, Ihe federal court in Providence, and a lederal court in Connecticut. Alter some legal negoti- atrons on Jurisdiellonal issnes, the cases now have been consolidated in feeleral court in Providence tile case has started ro mltia! hul it appears that the case is a long way from settlement or even from a trial. have speeu- !atedthat a trial not hegin untd late this year or in 2006, One 01 the issues is the Liming for the criminal trial of the nightcluh owners and one of the band members, It appears that the civil depositions THE GREAT IMPACT REMAINS I want to reiterate that the loss of life and the Iife-Iastl11g inlunes 01 those Publi< Management Icno '°05 . who were III the bllildmg on the night of the [¡re Gill never he sur- passed in magnitude hy any amount of disruption or challenge to the town of West From a local government management standpoint. however, the town has had to handle a number of sigmfi- cant challenges, as outl med in this article, and It'S clear that the effects of the lire wil1 be lasting on the 10wn's mizens, elected omeials, and staff, As myse1l, 1 30 yems in rhe Army, much it on surveil- lance of 1 he East German and Czeeh horders, so I have heen wrth cnsis management trme and can cope rcJa- well wnh 11, I also have man- a eommuuity m "ehraska was Il1t Iw a lornadl1 and learned skil1s III' working with the tnedla during that experience, But loe a Perhaps ironically, the use of illegal fireworks by the band at the beginning of the concert-the practice that started the fire because there was almost no clearance between the ceiling and the fireworks- took a backseat in the media discussions. - u]tlmately,n was 1 he hI" ehlcf and the police chid managed the West Warwtek My job was to support thcu! ?'Id talk to the media West Warwick's al- though they arc sldtc-!JCCIlSCel, arc town employccs, ]'m at the top of the mall3gcrncllt ehc1in, ] ex- pccteel to performance issues raiseel regarding mv position, I have not, however, rC(('lveei any threats, and except the constal;' pubh" murmur thdt inspcctors should hal'e he en criminally the Illwn 1: quiet. Cer- t!Joo,-Il. tin' "'-"", has many d Í11!lclt, 1', tire town's waywtthquJle:r J1111rCObsla- dcs waiting ahead, ------------- Wolfgang Baue,- IS town Illanager of West Warwick, Rhode' ¡Sland (wbauer @westwarwickei,org) l1li fublk Management" J"'" 2005 ATTACHMENT H Planning Commission Minutes dated June 13, 2005 7:00 p-m. MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION JUNE 13,2005 CALL TO ORDER Given PLEDGE OF ALLEGIANCE Pontious and Lee absent ROLL CALL Staff present Elizabeth Binsack, Community Development Director Jason Retterer, Deputy City Attomey Doug Anderson, Senior Project Manager-Transportation Justina Willkom, Senior Planner Minoo Ashabi, Associate Planner Matt West, Associate Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR 1. APPROVAL OF MINUTES - MAY 23, 2005, PLANNING COMMISSION MEETING. Approved It was moved by Floyd, seconded by Menard, to approve to Consent Calendar. Motion carried 3-0. PUBLIC HEARINGS Adopted Resolution 2. Nos. 3974 and 3975 TENTATIVE TRACT MAP 16857 SUBDIVIDING 105.5 ACRES INTO FIFTEEN (15) NUMBERED LOTS AND FIVE (5) LETTERED LOTS FOR CONVEYANCE PURPOSES. RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 3974 recommending that the City Council find that the proposed Tentative Tract Map 16857 for conveyance purposes will have no environmental impacts and that the environmental analysis checklist for development of the site was previously prepared and adopted by the City Council on February 22, 2005, which concluded that the Minutes - Planning Commission June 13. 2005 - Page 1 development project was within the scope of the adopted FEIS/EIR for the Marine Corps Air Station (MCAS) Tustin Reuse and Specific Plan; and, 2. Adopt Resolution No. 3975 recommending that the City Council approve Tentative Tract Map 16857 to subdivide the 105.5-acre Columbus Square site into fifteen (15) numbered lots and five (5) lettered lots for conveyance purposes only. Adopted Resolution 3. Nos. 3972 and 3973 TENTATIVE TRACT MAP 16792 SUBDIVIDING 86.26 ACRES INTO TWELVE (12) PARCELS FOR CONVEYANCE PURPOSES. RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 3972 recommending that the City Council find that proposed Tentative Tract Map 16792 for conveyance purposes will have no environmental impacts and that the environmental checklist and analysis for development of the site was previously prepared and adopted by the City Council on February 22, 2005, which concluded that the development project was within the scope of the adopted FEIS/EIR for the MCAS Tustin Reuse and Specific Plan; and, 2. Adopt Resolution No. 3973 recommending that the City Council approve Tentative Tract Map 16792 to subdivide the 86.26-acre Columbus Grove site into twelve (12) parcels for conveyance purposes only. Nielsen Noted that, since the presentations in Items 2 and 3 are similar, these two items would be combined into one staff report. 7:03 p.m. The Public Hearing opened. Ashabi Presented the staff report. Menard Asked why the Edison easement still exists on the project site. Ashabi Stated the Southern California Edison 25-foot easement was recorded in 1922 but not formally vacated, is no longer in existence, and the easement will be quitclaimed prior to final map approval. Minutes - Planning Commission June 13, 2005 - Page 2 Nielsen Asked for clarification of the modifications to Resolution No. 3975 that were presented at the dais. Nielsen Answered that the highlighted text is proposed to be added and is consistent with the language from the master tract maps, with the exception of the last sentence that requires execution of a City- approved assignment agreement with each builder. Asked the applicant to come forward. Ashabi Rich Knowland, Indicated he was in attendance to answer any questions or representing Lennar concems the Commissioners might have; and, added that Lennar Corporation concurs with staffs recommendations. 7:13 p.m. The Public Hearing closed. It was moved by Menard, seconded by Floyd, to adopt Resolution Nos. 3972, 3973, 3974, and 3975. Motion carried 3-0. Adopted Resolution No. 3976, as amended 4. CONDITIONAL USE PERMIT 04-031 REQUESTING AUTHORIZATION TO PROVIDE LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING BONA FIDE RESTAURANT (LA SERA! & BABY JUN!) LOCATED AT 900 WEST FIRST STREET. THIS PROJECT IS LOCATED IN THE CENTRAL COMMERCIAL (C-2) ZONING DISTRICT. 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 West First Street. 7:15 p.m. West The Public Hearing opened. Presented the staff report. Director Noted that staff is only recommending approval if this is not considered a night club use; if it were, there would be different requirements; if the occupancy of the building were considered for that type of use versus a restaurant use, there would be different requirements-Building Code and Fire Code improvements would be necessary; as noted in Condition 2.5, the maximum building occupancy recommended is 243 individuals based on parking; that building could accommodate many more individuals which would cause concerns for the Building Division and the Orange County Minutes - Planning Commission June 13. 2005 - Page 3 Fire Authority, for example, from an exiting standpoint and other building code improvements such as the inclusion of sprinklers; therefore, there is a significant concem that this facility operate as a bona fide restaurant rather than a night club from a land use and health and safety perspective. Floyd Stated his assumption that none of the advertising would reflect a night club use. Director Answered that the awnings installed reflect a club use. Nielsen Added that the flyers also indicate a club; and, asked if the second entrance created a problem at the former Revere House. Director Indicated there were two entrances provided into the Revere House; the concem with this application is that, based on the way it is being advertised, it appears as though one entrance is a restaurant and the other is for a club; operationally this makes it appear to be two very different uses. West Stated the elimination of the walls between the two areas has changed how the room is used; the second entrance goes right into the middle of that dance/bar areas. Nielsen Indicated the two entrances did not concem him as much as the metal detector. ,- West Noted the metal detector request was part of the initial application but has now been removed. Floyd Asked what sort of entertainment existed prior to this application. Director Stated her recollection was that there was typically a single, piano bar type entertainer; staff has not received a final list of entertainers proposed for this application, but that is something the applicant must provide. Nielsen Asked if there is a cell site in the signage. Director Responded in the affirmative. Director Asked if the building is sprinklered. Answered in the negative. Menard Nielsen Invited the applicant to come forward. Minutes - Planning Commission June 13, 2005 - Page 4 Henry Araghi, applicant Menard Mr. Araghi Nielsen Mr. Araghi Floyd West Nielsen Mr. Araghi Nielsen Stated he never intended the business to be run solely as a night club; the metal detectors were intended for insurance purposes and the safety of the patrons and have been removed from the plan. Stated three primary concems: 1) the business hours as restricted by the conditions will diminish the success of the business and requests live entertainment until 12:30 a.m.; 2) the separate lounge and restaurant entrances are intended to ease traffic problems and to allow the patrons to have a choice where they want to be located; and, 3) without a cover charge, there will be no way for the lounge to be profitable since there is no way to force people to eat or drink. Asked how the cover charge at the club will be regulated, i.e. who has paid for a meal and can then enjoy the show. Stated that he would like the use to be referred to as "lounge with entertainment;" his staff will inquire at the door whether they have a dinner reservation or are there for the entertainment; servers would bring restaurant patrons to the lounge area; a cover charge is the only way to cover the entertainment expenses. Inquired what the cover charge might be. Responded there is no charge for the valet service; the cover charge would depend on the cost of the band. Asked what comparable hours for similar entertainment/lounge facilities are and why staff is proposing the 11 :00 p.m. timeframe. Answered that 12:00 a.m. is consistent with other types of restaurants; given the type of proposed live entertainment, 11 :00 p.m. was chosen to allow time for the show to end and people to exit by closing time. Asked what sort of live entertainment is planned- Stated the entertainment would primarily be jazz and blues, soft rock and roll, rhythm and blues; the market is intended to be 30 years old and above; the applicant is not asking for anything more than what existed with the Revere House, the difference being the Revere House never had an entertainment license. Clarified that the differences with the staff presentation are the secondary entrance, the hours of operation, and the cover charge. Minutes - Planning Commission June 13. 2005 - Page 5 Menard Asked what hours of operation are desired. Mr. Araghi Stated they wish to open at 11 :00 a.m. and have the band stop at 12:30 a.m.; the food service will stop at 12:30 a.m. which is required by the ABC-when serving alcohol, food must be provided. 7:42 p.m. Floyd The Public Hearing closed. Suggested that the 11 :00 p.m. restriction seems early; and, asked that the hours be revisited. Nielsen Noted the applicant has stated he wishes to keep the use a bona fide restaurant with lounge entertainment; 11 :00 p.m. seems early for that sort of use; suggested the hours could be ex1ended due to the live entertainment situation; and, suggested the second entrance does not seem necessary. Floyd Suggested that bringing patrons through the restaurant would be a positive feature. Nielsen Agreed with Commissioner Floyd's suggestion, stating this would emphasize the restaurant use; it is important to keep it as a bona fide restaurant for land use purposes. Menard Stated that, while this may be questionable usage, the hours should be ex1ended to 12:30 a.m.; if the main entrance creates traffic congestion, that can be addressed but that needs to remain the primary entrance; the entertainment area will be visible from the restaurant and main entry; the cover charge seems necessary in order for the business to make a profit; the applicant should have a chance to be successful and also create some revenue for the City. Nielsen Indicated his agreement with Commissioner Menard's comments; and, asked if the resolution could be amended to reflect these changes. Director Summarized the Commission's wishes as follows: 1. Modify Condition 2.14 to change the closing time to 12:30 a.m. 2. Leave the entrances as they are. 3. Eliminate Condition 2.25. Minutes - Planning Commission June 13. 2005 - Page 6 Commissioners Nielsen Mr. Araghi Director Director None Director reported Menard Director Nielsen Menard 4. Restated that Condition 2-23 allows for an administrative review to add mitigating conditions if necessary or to bring the issue back to the Planning Commission for general direction in the future. Stated their agreement with the above modifications. Asked the applicant if he was in agreement with the suggested changes. Answered in the affirmative, except for prohibiting the second entrance. Stated that staff may allow some latitude if the awning proposed sign were revised to match First Street and allow the entrance to remain; if there is a problem, staff can address the situation and make necessary changes. It was moved by Menard, seconded by Floyd, to adopt Resolution No. 3976, as amended. Motion carried 3-0. Noted this is an appealable item; any appeal must be received by 5:30 p.m., Monday, June 20, 2005. REGULAR BUSINESS STAFF CONCERNS 5. REPORT OF ACTIONS TAKEN AT THE JUNE 6, 2005, CITY COUNCIL MEETING. Noted the City Council and the Tustin Unified School District signed a Letter of Intent at a Special meeting related to the Tustin High School; and, indicated copies of the Letter of Intent could be provided to the Commissioners. Indicated he would appreciate receiving a copy; and, asked why the approval process is expected to take six years. Responded there is a process that has to be gone through. Stated he attended the meeting at which the multiple hurdles were explained; the Letter of Intent contains that information. Suggested some of the processes could be running concurrently in order to expedite things. Minutes - Planning Commission June 13. 2005 - Page 7 Director Indicated that may happen. Asked the Commissioners if they would like the nex1 meeting to include a mini-tour of the construction taking place around the City. Nielsen Stated the second meeting in July would be better for him; and, asked that this suggestion be addressed at the nex1 Planning Commission meeting when all the members are present. COMMISSION CONCERNS Menard Mentioned it was nice to read in the newspaper about the Letter of Intent when he retumed from his San Francisco to Los Angeles ride. Noted he was very pleased to discover the City Council approved the Veterans Day Parade continuing to be held in Tustin. Stated he was happy to see a Starbucks is going in near his home and to see that Trader Joe's is "coming soon." Indicated the Broadway in the Park signs are up. Mentioned that his wife attended the Chili Cook-Off in his absence; and, added he was proud to see the Rotary Club awards. Shared the highlights from his bicycle ride between San Francisco and Los Angeles, benefiting Aids/LifeCycle 4; indicated it was such a wonderful experience that he signed up to ride again nex1 year; and, thanked his wife, Denese, for her support during his training and the week he was away from home. Floyd Congratulated Commissioner Menard on his contribution to a wonderful project. Noted the State of the City luncheon was a sold-out event with a nice presentation by the City staff; it was another good year for the City; it was nice to hear the City of Tustin has preserved and continues to maintain the 15 percent reserve. Thanked the planners for this evening's reports. Stated the Chili Cook-Off was a huge success and is growing every year, the Parks and Recreation Department deserves to be commended for the support they provided for this event. Minutes - Planning Commission June 13. 2005 - Page 8 Floyd continued Reminded everyone to attend the concerts in the park and pass the word. Nielsen Congratulated the City Council and the Tustin Unified School District for signing the historic Letter of Intent for Tustin High School; this will be a great legacy for The Legacy. Agreed the Chili Cook-Off was especially enjoyable from his spot selling pizza at the Tustin High booth. Congratulated Boy Scout Troop 33 for winning the Chili Cook-Off. Congratulated the City Council for approving the Veterans Day Parade and activities; this is an important event; the military, who risk their lives for us, deserve all the accolades one could ever provide. 8:12 p.m. ADJOURNMENT The nex1 regular meeting of the Planning Commission is scheduled for Monday, June 27, 2005, at 7:00 p.m. in the City Council c_, '" 300 """"'eo"" W"'!' . . ~ ~ Chairperson U~2f{ ;¡;;;~ ~/:: Elizabeth A. Binsack Planning Commission Secretary Minutes - Pianning Commission June 13. 2005 - Page 9 ATTACHMENT I Resolution No. 05-86 RESOLUTION NO. 05-86 A RESOLUTION OF THE CITY COUNCIL 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 City Council does hereby resolve as follows: I. The City Council finds and determines as follows: A. 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. B. 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. C. That, as conditioned, 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. Resolution No. 05-86 Page 2 D. E. 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 will 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 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. 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. 7. 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. 8. 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. 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). That a public hearing was duly called, noticed, and held for Conditional Use Permit 04-031 on June 13, 2005, by the Planning Commission, and appealed on June 20, 2005, by the City Council. Resolution No. 05-86 Page 3 F. That a public hearing was duly called, noticed, and held for Conditional Use Permit 04-031 on July 18, 2005, by the City Council. II. The City Council 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 at a regular meeting of the Tustin City Council held on the 18th day of July, 2005. LOU BONE MAYOR PAMELA STOKER CITY CLERK STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) SS I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 05-86 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 18th day of July, 2005, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK GENERAL (1) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 EXHIBIT A RESOLUTION NO. 05-86 CONDITIONAL USE PERMIT 04..031 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped, July 18, 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 ex1ensions 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. 05-86 Page 2 (1 ) (1) (1 ) (***) (1 ) 1.5 1.6 1.7 1.8 1.9 As a condition of approval of Conditional Use Permit 04-031, the applicant shall agree, at its sole cost and expense, td 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 d\9fense 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 attorney 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. No change or alteration of the floor or site plan 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 or may be grounds for revocation of Conditional Use Permit 04-031. 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 establishment. A bona fide restaurant or eating establishment is defined as a retail establishment that sells food and beverages prepared on-site, where Exhibit A Resolution No. 05-86 Page 3 (7) 2.2 (7) 2.3 (7) 2.4 (1 ) 2.5 (7) 2.6 (5) 2.7 (5) 2.8 customers are served for on-site consumption during the posted business hours. In accordance to Section II of the Alcoholic Beverage 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 not exceed 243 persons. Any bar/lounge 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. Exhibit A Resolution No. 05-86 Page 4 (7) (1 ) (1 ) (1 ) (1 ) (1 ) 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. 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. 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 The applicant/business owner shall obtain a live entertainment permit from the Community Development Director 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 and live entertainment shall be 12:30 a.m. daily based upon the continued operation of the existing restaurant. No new patrons shall be admitted after the closing hours and patrons shall vacate the premises within thirty (30) minutes after closing. (1 ) 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. (1 ) 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. (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. Exhibit A Resolution No, 05-86 Page 5 (1 ) (1 ) (7) (7) (7) (1 ) 2.18 No exterior public phones may be located on the premises. Any existing public telephones shall be modified to prevent incoming calls. 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 facing First Street. The main restaurant entrance shall be through the doors facing First Street unless otherwise approved by the Community Development Director. Exhibit A Resolution No. 05-86 Page 6 (*) FEES (1 ) 2.25 The applicant/business owner shall not require an admittance fee, cover charge, or similar charge nor shall customers/patrons be required to purchase a minimum number of drinks to enter any area of the facility or to enter or remain inside the building. (*) 2.26 There shall be no special events sponsored by or involving an outside promoter or any other person other than the applicant. The building may not be sublet to a separate business or promoter or person other than the applicant. No events shall be promoted to or attended primarily by patrons less than 21 years of age. Special events and/or promotions in which the applicant can request to operate outside the stipulated conditions of approval contained herein (Le. New Year's Eve Party, Valentine's, etc.) shall be subject to prior approval of the Community Development Director. 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.