HomeMy WebLinkAboutCC RES 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 Araghi Ortiz, 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 1019
8.
D.
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.
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).
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, and
appealed on June 20, 2005, by the City Council.
Resolution No. 05-86
Page 2019
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 City Council of the City of
Tustin on the 18th day of July, 2005.
-þ! ¿/~
LOU BONE
Mayor
ATTEST:
~JrtoO~
AMELA 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:
~þv
PAMELA STOKE
CITY CLERK
BONE. DAVERT. AMANTE. KAWASHIMA
HAGEN
NONE
NONE
(4)
(1)
(0)
(0)
Resolution No. 05-86
Page 3 019
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 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 CODEIS
(4) DESIGN REVIEW
... EXCEPTIONS
Resolution No. 05-86
Page 4 019
(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, 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 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
Resolution No. 05-86
Page 5 019
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.
I n 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.
Resolution No. 05-86
Page 6 019
Exhibit A
Resolution No. 05-86
Page 4
(7)
(1 )
(1 )
(1 )
(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 1 :00 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.
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.
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.
Resolution No. 05-86
Page 7 019
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.
Resoiution No. 05-86
Page 8 019
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 (i.e. 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.
Resoiution No. 05-86
Page 9 019