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HomeMy WebLinkAboutCUP 05-022 Inter-Com DATE: TO: FROM: SUBJECT: SEPTEMBER 6, 2005 ZONING ADMINISTRATOR COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONAL USE PERMIT 05-022 APPLICANT: - .- . PROPERTY OWNER: LOCATION: THOMAS RYDER FRESCA'S TUSTIN, LLC. 20060 SANTA ANA AVENUE SANTA ANA, CA 92707 BREEZY MEADOWS, LLC. 13369 VENTURA BOULEVARD SHERMAN OAKS, CA 91423 ATTN: JEFF KLEIN 1621 EDINGER AVENUE, SUITE 102 GENERAL PLAN: INDUSTRIAL ZONING: INDUSTRIAL (M) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO AUTHORIZE THE SALE OF BEER AND WINE FOR ON-SITE CONSUMPTION (ABC LICENSE TYPE 41) IN A BONA FIDE PUBLIC EATING PLACE AND TO CONSTRUCT AN OUTDOOR DINING AREA IN CONJUNCTION WITH A RESTAURANT USE. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 05-017 approving Conditional Use Permit 05-022. Zoning Administrator September 6,2005 CUP 05-022 Page 2 BACKGROUND On May 12, 2003, the Planning Commission approved Design Review (DR) 02-032 and Conditional Use Permit (CUP) 02-026 for the construction of a 22,208 square foot retail center and a 75,491 square foot self-storage facility with a caretaker unit on the subject 5.164-acre site. Included in the approval for the retail center are various restaurant, retail, and office uses. Under CUP 02-026, restaurant uses are limited to a maximum of 123 seats. This project is currently under construction. The site is located in the Industrial (M) zoning district and Industrial General Plan land use designation. Section 9242b of the Tustin City Code requires a Conditional Use Permit for retail and restaurant uses in the Industrial zoning district, and all retail and restaurant uses in the center were pre-approved under CUP 02-026. Pursuant to Planning Commission Resolution No. 2490 and as required by Condition 5.7 of CUP 02- 026, the establishment of an outdoor dining area requires approval of a Conditional Use Permit. In addition, Section 9242.b(g) of the Tustin City Code requires approval of a Conditional Use Permit for on-site consumption of alcoholic beverages. Tustin City Code Section 9299b(3)(e) authorizes the Zoning Administrator to consider both requests for outdoor dining and on-site consumption of alcoholic beverages. DISCUSSION Site and Surrounding Properties The site is located at the northeast corner of Edinger Avenue and Red Hill Avenue (Attachment A - Location Map). The retail center is located on the west half of the project site and the self-storage facility is located on the east half of the project site. Both are currently under construction. The proposed restaurant is located at the southwest corner of the retail center. Outdoor Dining The applicant is requesting an authorization for an outdoor dining area in conjunction with a new restaurant (Fresca's Fresh Mexican Grill). The location of the proposed exterior seating area was approved under Design Review 02-023 and is approximately 880 square feet. The applicant proposes to provide a total of eight (8) seats in the outdoor dining area and thirty (30) seats inside the restaurant for a total of thirty-eight (38) seats. Also included in the outdoor dining area are two (2) benches for customer waiting only. The proposed outdoor dining area is separated from the parking lot and Edinger Avenue by a three (3) foot high decorative wall consistent with the architecture of the buildings and the overall center (Attachment B - Submitted Plans). Zoning Administrator September 6, 2005 CUP 05-022 Page 3 The City of Tustin's Guidelines for Outdoor Seating established by the Planning Commission through Resolution No. 2490 note that outdoor dining areas should be designed to be compatible with surrounding uses particularly the proximity to sensitive uses (i.e., schools, residential, church), exterior noise, hours of operation, aesthetics, and create a pedestrian-oriented atmosphere with adequate access and landscaping. The proposed outdoor seating area is not in close proximity to any sensitive uses in that it is located in a large commercial center with a self storage facility to the east, an industrial complex and Edinger Avenue to the south, Red Hill Avenue to the west, and railroad tracks to the north. Given the use's location next to two (2) major arterial roadways (Red Hill and Edinger Avenues) and an active railroad track, the outdoor seating is not expected to increase the ambient noise of the area. Alcoholic Beverage Sales Regulations and Guidelines The applicant is also requesting authorization to serve beer and wine for on-site consumption in conjunction with a restaurant use (ABC license Type "41 "). The sale of beer and wine for on-site consumption can be authorized only in conjunction with a "bona fide" restaurant use in conformance with the City's Alcohol Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001, and the applicable zoning code regulations. Pursuant to the Guidelines, a restaurant use is defined as: 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 food consumption and must possess the necessary utensils, table, service, and condiment dispensers with which to serve meals to the public. Also, the gross annual sales of food must exceed the sale of alcohol. Since the proposed sales of beer and wine for on-site consumption is in conjunction with an existing restaurant, Section 9232(b)(p) of the Tustin City Code exempts the facility from meeting the minimum distance to sensitive uses (i.e. churches, residential, parks, playground, etc.). If approved, the project should be conditioned to ensure that the establishment remains a restaurant. Staff has included conditions pertaining to the City's Alcoholic Beverage Sales Establishment Guidelines in Zoning Administrator Action 05-017 to mitigate concerns related to the on-site sale and consumption of beer and wine in conjunction with the restaurant. Hours of Operation The proposed hours of operation are from 10:00 a.m. to 9:00 p.m. Sunday through Thursday and 10:00 a.m. to 10:00 p.m. Friday and Saturday. These hours are consistent Zoning Administrator September 6,2005 CUP 05-022 Page 4 ¡--', with Condition 5.3 for CUP 02-026 which limits commercial activities at the center from 7:00 a.m. to 10:00 p.m. daily. If the applicant should decide to extend the hours of operation, the applicant may submit a revised noise analysis to determine whether potential noise impacts would occur. If the analysis shows that no impacts would occur, the Community Development Department is authorized to administratively modify the hours of operation. Parking Required parking for the site was pre-approved under CUP 02-026. As part of the approval, restaurant seating was considered and restricted for up to 123 seats. However, as leases for other tenants at the site were finalized, some retail uses were substituted with restaurants as demonstrated below: Address Business Business Gross Floor Parking Number of Parking Name Type Area Ratio Seats Required 1621 #101 T-Mobile Retail 2,100 1/200 10.50 1621#1:02 Frasca's Food 2,605 1'pj;;~d);.j;; 38 1:2:67 1631 #101 Starbucks Food 1,300 1 per 3 seats 29 9.67 1631 #102 Juice it Up Food 1,100 1 per 3 seats 8 2.67 1631 #103 Retail Retail 884 1/200 4.42 1631 #104' Mail Center Retail 1,150 1/200 5.75 1631 #105 Nail salon Retail 2,463 1/200 12.32 1631 #107 Retail Retail 764 1/200 3.82 1/2 students 13 students 1631 #201 Martial Arts Instructional 2,200 plus and 8.5 1/instructor 2 instructors 1631 #202 Office Office 2,262 1/250 9.05 1631 #108 Quizno's Food 1,432 1 per 3 seats 12 4.00 1641 #101 Maki-Zushi Food 1,950 1 per 3 seats 44 14.67 1641 #102 Retail Retail 1,983 1/200 9.92 1/10,000 Self Storage Storage 75,491 plus 4 for 16 offices Care taker unit N/A 22,093 131 123.96 Total Provided 124 As shown above, the proposed increase of the total number of seats for combined restaurant uses in the center from 123 to 131 could be accommodated by the number of parking spaces currently provided for the center. Zoning Administrator September 6,2005 CUP 05-022 Page 5 FINDINGS A decision to approve this request may be supported by the findings that the establishment, maintenance, and operation of an outdoor dining area and the sales of beer and wine for on-site consumption in conjunction with a bona fide restaurant 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: A. B. C. The proposed outdoor dining use is consistent with the zoning and development standards for the property and will operate in accordance with policies and requirements of the Guidelines for Outdoor Seating as established by Planning Commission Resolution No. 2490 in that: 1. The outdoor patio area is physically and clearly defined; 2. Access to the outdoor seating area is through an interior door from the restaurant; 3. The outdoor seating area does not obstruct vehicular or pedestrian traffic flow; 4. As conditioned, the proposed patio enclosure for outdoor seating will be compatible with the design of the main structure; 5. The architecture of the proposed patio structure is compatible and consistent with the design of the center. 6. The proposed outdoor dining area is not in close proximity to any residential, school, or religious worship use in that it is located in a commercial center with a self storage facility to the east, an industrial complex and Edinger Avenue to the south, Red Hill Avenue to the west, and railroad tracks to the north. The proposed sales of on-site beer and wine is allowed within the Industrial (M) zoning district with the approval of a Conditional Use Permit and is consistent with the approved Conditional Use Permit 02-026 which allows the establishment of retail uses and restaurants in the Industrial land use designation. As conditioned, the proposed on-site consumption of beer and wine is consistent with the Alcoholic Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001. Zoning Administrator September 6,2005 CUP 05-022 Page 6 D. The on-site consumption of alcoholic beverages would be in conjunction with a restaurant where food will be served at all times when alcoholic beverages are served. As conditioned, no ancillary bar use would be able to be established at the subject location. E. The restaurant use is located within a retail center and a commercial/industrial corridor along Red Hill Avenue and Edinger Avenue where a variety of retail, office, and restaurant uses are located. The characteristics of the restaurant use, hours of operation of the restaurant, and outdoor dining area would be similar to other restaurants in the center and in the vicinity. F. As conditioned, the outdoor seating would be limited to a maximum of eight (8) seats and the indoor dining of thirty (30) seats for a total of thirty-eight (38) seats. The proposed outdoor seating can be accommodated by the 124 parking spaces currently provided at the center. G. The proposed hours of operation are from 10:00 a.m. to 9:00 p.m. Sunday through Thursday and 10:00 a.m. to 10:00 p.m. Friday and Saturday consistent with Condition 5.3 for CUP 02-026 which limits commercial activities at the center from 7:00 a.m. to 10:00 p.m. daily Ju 1na Willkom Senior Planner Attachments: A - Location Map B - Submitted Plans C - Zoning Administrator Action No. 05-017 S:\CddIZAREPORT\2005\CUP 05-022 (Fresca's).doc ATTACHMENT A Location Map Iffi 1-.-- I 1- PROJECT NO ADDRESS' CUP 05-022 1621 Edin Tustin, c1er Avenue, suite 102 fftO J EG , .'TE \ J ~;I - ".'--..ì \. .-- \%\ rl ¡,::c!1::c- \ \ ~ -----.---- ----- ------------ --- --.-----.--.--- ---.-.--. -- ----- - - ATTACHMENT B Submitted Plans ) ' Ii n . a I~ I' II :0 1;;"'" i.l 'I Z!I!<> , Li !~~h ,i;; I II t:::i~ID" ¡:¡: ) --....._u.---...'-.-'-'-'-".-" 1 rT" --I I i ¡ ! i : : ¡ ; I ' ! I' I i I g: ! ¡ ! 1.1 II"'II! I' ~I'I -i¡ .Ii :'! Iii IIi.! ~i I i ~ h~ hd II' i Ii II ~ ~ ¡_J. .'.--- J i1§_nbl~J~_~tJ~itb~if l~'~nj L~_~_~~ I I ) J ! iTr------'------Tnn ir n: f 11 I ¡ ¡ í ~I i ! ! .!! I! ! .!lill~Q;;~i"¡).J.!.I.~I~II..¡I'!~.-I.¡.! ""::S>-"'!j'> JJ81'~ :¡I.",¡¡ II II ~! r~ ii~ I ¡ 1.1 ¡~! k!\ I ~! Iii __.:.ld..,... -_.u..lLiidltJ¡!¡1 ~~ ~~ ..¡; , ¡¡p !¡ " .. ,- !~ Ïi¡ Ii ! ¡ 'I. .u! ~ ¡! m ,- .. o. J . J ~-! \ (1m) ~t:Ð .\~ M ~¡¡ --..--------.' I ! ¡ i 1 ~I '" Z¡ (!>, ¡¡¡I ~ <, ~ ::¡ l ~~' \~ ~:'~~~~l I \.\ ".' ..\ \ J, II ! '\- \, \..~\ III þ-~. _.....=---"JJ.~¡ i-, i .t. itl~. I .i ,'. I'. .. i \ d,,_.~-- ¡. I ..-. --.¡ kt- c-~ t I ì ' í~~ f:F) g¡ It I \ I I \ i ~ !\ I -, I (-t r::~,,"'<:::sJ] ',] I ) ~-":~~..-.'-"----'." .-1 I' i' ~ I "1 ! ,/t.-l.1 f!1 J L ) t:SlI 1', l ~ I '-'.'-+:=~f r ~ L-!.. g¡jll , roo., i il'- 'I[~~rl~\~-.~ll ~.!. !. ~ if-""'., >~' I ~ II I i ~ J.~' . :f, , l-'-'. '. ~ ! ",J. J.. -- t,-", ' w' I .'I-'.--f".,->-..V' ' U! '-'~-.1 >- ," u L ~_-=:b7.1-----.J ~i L--...~----_.._-J ~ - ~I "'1-- (~) ,r m ~ ~t "' .~, f< ., ~h ¡fjî!~ ¡ t hi ~¡¡i.¡¡ g:i¡¡ ,.:r", ( \, ~,.:) ¡-~.'..--.¡~--J=A~:--' ?1 ...-- ,., t, i, - Ii L.__~l--=j J! ! i I ! ! Iii II ~' I I=! ! ,ii ILl N N « ~I- .II: "1- :~ i i i i J ~ ; .J.-- C"'L -rITil 'T1 ----l 111--- I ~ ------11 rr-- ~ ":"~~.',i.' l ."';:,,: ". ;111 1 A:)'; . ;":,S",:jll 1 I 1 I I 1 I -.J G I . 1,,' . '. ,"', lL'i-2'~ ~.:"c-:~>.c.""è~~ I ". 11 I " ; . ij ;.~.;.:_-'~ ""'\ ~.. .---.. ",,::,1 as - - N C:O Q)~ Uco -: : : ]ja.i~ Q»,-, ~ -:: .É ~Q)ûí CO C> :::> CO ,S I-- C:'C = UJ rn~ :::IN I--co ~~ I-- {t} ~ ~ (I). wø ~ ~ ::;1~ J\ .... ATTACHMENT C Zoning Administrator Action No. 05-017 ZONING ADMINISTRATOR ACTION 05-017 CONDITIONAL USE PERMIT 05-022 1621 EDINGER AVENUE, SUITE 102 The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 05-022 was filed by Thomas Ryder, on behalf of Fresca's Tustin, L.L.C., to authorize the sales of beer and wine for on-site consumption (ABC License Type 41) in a bona fide public eating place and to establish an outdoor dining area in conjunction with a restaurant use located at 1621 Edinger Avenue, Suite 102. B. The proposed use is consistent with the requirements of the Industrial (M) zoning district in that a conditional use permit is required for restaurant uses and for outdoor dining. Conditional Use Permit (CUP) 02-026 approved the restaurant use and the subject application is appropriate for the outdoor seating component of the business. C. The proposed use is consistent with the policies of the Industrial General Plan land use designation which provides for the establishment of light industrial and commercial uses. The project has been determined to be consistent with the Air Quality sub-element of the City of Tustin General Plan in that the project has no "Daily Thresholds of Potential Significance for Air Quality" as indicated in Table 6-2 of the South Coast Air Quality Management District's CEQA Air Quality Handbook. D. The proposed use is in compliance with the conditions of approval contained in Conditional Use Permit (CUP) 02-026 and Design Review (DR) 02-032 which approved uses for the center, center architecture, and center parking. E. That the establishment, maintenance, and operation of an outdoor dining area and the sales of beer and wine for on-site consumption in conjunction with a bona fide restaurant will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: a. The proposed outdoor dining use is consistent with the zoning and development standards for the property and will operate in Zoning Administrator Action 05-017 September 6, 2005 Page 2 b. c. d. e. accordance with policies and requirements of the Guidelines for Outdoor Seating as established by Planning Commission Resolution No. 2490 in that: . The outdoor patio area is physically and clearly defined; . Access to the outdoor seating area is through an interior door from the restaurant; . The outdoor seating area does not obstruct vehicular or pedestrian traffic flow; . As conditioned, the proposed patio enclosure for outdoor seating will be compatible with the design of the main structure; . The architecture of the proposed patio structure is compatible and consistent with the design of the center. . The proposed outdoor dining area is not in close proximity to any residential, school, or religious worship use in that it is located in a commercial center with a self storage facility to the east, an industrial complex and Edinger Avenue to the south, Red Hill Avenue to the west, and railroad tracks to the north. The proposed sales of on-site beer and wine is allowed within the Industrial (M) zoning district with the approval of a Conditional Use Permit and is consistent with the approved Conditional Use Permit 02-026 which allows the establishment of retail uses and restaurants in the Industrial land use designation. As conditioned, the proposed on-site consumption of beer and wine is consistent with the Alcoholic Beverage Sales Establishment Guidelines amended by the Planning Commission and adopted by the City Council on May 21, 2001. The on-site consumption of alcoholic beverages would be in conjunction with a restaurant where food will be served at all times when alcoholic beverages are served. As conditioned, no ancillary bar use would be able to be established at the subject location. The restaurant use is located within a retail center and a commercial/industrial corridor along Red Hill Avenue and Edinger Zoning Administrator Action 05-017 September 6, 2005 Page 3 Avenue where a variety of retail, office, and restaurant uses are located. The characteristics of the restaurant use, hours of operatìon of the restaurant, and outdoor dining area would be similar to other restaurants in the center and in the vicinity. f. As conditioned, the outdoor seating would be limited to a maximum of eight (8) seats and the indoor dining of thirty (30) seats for a total of thirty-eight (38) seats. The proposed outdoor seating can be accommodated by 124 parking spaces currently provided at the center. g. The proposed hours of operation are from 10:00 a.m. to 9:00 p.m. Sunday through Thursday and from 10:00 a.m. to 10:00 p.m. Friday and Saturday consistent with Condition 5.3 for CUP 02-026 which limits commercial activities at the center from 7:00 a.m. to 10:00 p.m. daily D. This project is Categorically Exempt pursuant to Section 15301, Class 1, 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 on said application on September 6, 2005, by the Zoning Administrator. II. The Zoning Administrator hereby approves Conditional Use Permit No. 05-022 authorizing the sales of beer and wine for on-site consumption (ABC License Type 41) in a bona fide public eating place and to construct an outdoor dining area in conjunction with a restaurant use located at 1621 Edinger Avenue, Suite 102 subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 6th day of September, 2005. ELIZABETH A. BINSACK ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY Zoning Administrator Action 05-017 September 6, 2005 Page 4 STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 05-017 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 6th day of September, 2005. ELOISE HARRIS Recording Secretary GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 EXHIBIT A ZONING ADMINISTRATOR ACTION 05-017 CONDITIONAL USE PERMIT 05-022 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped on September 6, 2005, the date of approval, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. Conditional Use Permit approval shall become null and void unless an Alcoholic Beverage Control License Type "41" is obtained from the State Department of Alcoholic Beverages Control and the sale and consumption of beer and wine commences within twelve (12) months of the date of this exhibit. Time extensions may be granted by the Community Development Department 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 establishment of alcoholic beverage sales and/or outdoor dining or as specified, subject to review and approval of the Community Development Department. Approval of Conditional Use Permit 05-022 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 "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. Failure to comply with the conditions of approval shall be grounds for revocation of the conditional use permit. Conditional Use Permit 05-022 authorizes ABC License Type "41" for the on- site sale and consumption of beer and wine in conjunction with a bona fide eating place. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) (6) (7) *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A Zoning Administrator Action 05-017 September 6, 2005 Page 2 (1 ) 1.6 (1 ) 1.7 (1 ) 1.8 *** 1.9 (1 ) 1.10 As a condition of approval of Conditional Use Permit 05-022, 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 by ordinance. The applicant shall be responsible for costs associated with any necessary code enforcement, action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. Conditional Use Permit 05-022 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 05-022, 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 alteration of the tenant space, except as approved as part of Conditional Use Permit 05-022, shall occur without prior approval of the Community Development Director. Modifications to the floor area including removal of fixed seats, services, and/or operation of the business may require consideration of a new Conditional Use Permit. USE RESTRICTIONS (3) 2.1 No off-site sale or consumption of alcohol for any type of ABC license is authorized. All alcoholic beverages shall be consumed on-site, with the exception of the provisions stated in the Business and Profession Code Section 23396.5 and 23401. Exhibit A Zoning Administrator Action 05-017 September 6, 2005 Page 3 (5) (5) (1 ) (5) (5) 2.2 2.3 2.4 2.5 2.6 (2) 2.7 (2) 2.8 (2) (1 ) The total number of interior seats shall not exceed thirty (30) seats and the outdoor seats shall not exceed eight (8) seats for a total of thirty-eight (38) seats, unless the property owner demonstrates, through the submittal of a parking and land use summary, or as otherwise authorized by current provisions of the Tustin City Code, that an adequate number of on-site parking spaces are available to accommodate additional seating for the restaurant. Benches located in the outdoor dining area shall not be used for dining purposes. Hours of sales of beer and wine shall be limited to the hours when food is available. Menu items shall be available in the restaurant during business hours. Proposed hours of operation are: Sunday through Thursday 10:00 a.m. to 9:00 p.m. Friday and Saturday 10:00 a.m. to 10:00 p.m. The menu of the restaurant shall consist of foods that are prepared on the premises. Authorization for the on-site sales of beer and wine (ABC License Type "41 ") is contingent upon the use of the subject premises remaining a restaurant. Should this use change or be discontinued, authorization for this use permit is null and void. The restaurant shall operate within all applicable State, County, and Tustin City Code provisions, including the City of Tustin Noise Ordinance. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or 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 by the Tustin City Code. "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. 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. 2.9 An approved live entertainment permit is required prior to establishing any non-exempt live entertainment on the premises. 2.10 No sexually oriented businesses shall be cond ucted on the premises without approval by the City in accordance with the Tustin City Code. Exhibit A Zoning Administrator Action 05-017 September 6, 2005 Page 4 (5) (2) (2) (5) (7) (7) (7) (1 ) (1 ) 2.11 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 the point of sale. 2.12 Exterior puþlic pay telephones shall be prohibited and interior public pay phones shall be programmed to prevent incoming calls. 2.13 Business operations shall be conducted 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. 2.14 To verify that gross annual sales of food exceed the gross annual sales of alcoholic beverages, an audited financial statement shall be provided for review and approved by the Community Development Director annually. If the audited financial statement demonstrates that the sales of alcoholic beverages exceeds the sales of food, then the sale of alcoholic beverages shall cease immediately until it can be determined whether the use is operating as a restaurant or a club that would be subject to distance separation requirements. 2.15 The applicant shall provide trash receptacles in the outdoor dining area and parking lot, and the dining areas and parking lot shall be cleaned on a continual, daily basis for removal of litter and food items. 2.16 The proposed outdoor dining area shall be setback a minimum of five (5) feet from the parking lot. 2.17 No outdoor music or public address system shall be permitted. 2.18 The proposed patìo enclosure for outdoor seating area shall be designed and constructed consistent with and complement the architecture of the main building and the center as a whole. 2.19 All exterior patio lighting shall be completely contained within the patio area. BUILDING DIVISION (3) 3.1 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. Exhibit A Zoning Administrator Action 05-017 September 6, 2005 Page 5 (3) 3.2 (3) 3.3 (3) 3.4 (3) 3.5 (3) 3.6 (1 ) 3.7 Building plan check submittal shall include the following: . Four (4) sets of construction plans, including drawings for mechanical, plumbing and electrical. . Two (2) copies of structural calculations. . Two (2) copies of Title 24 energy calculations. . Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on site and off site where applicable. . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. A level floor or landing shall be provided at all doors. This area shall have a minimum length of 60 inches in the direction of the door swing and 48 inches in the opposite direction of the door swing. All new glass doors and windows, in or adjacent to doors, shall be tempered per 2001 California Building Code Section 2406.4. Prior to permit issuance, clearances from the following will be required: Orange County Health Department, Orange County Fire Authority. Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, indoor/ outdoor dining areas, and public telephones shall be accessible to persons with disabilities. Prior to issuance of demolition, precise/rough grading, and/or building permit with valuation of $50,000 or greater, the applicant shall submit for approval by the City of Tustin Construction & Demolition (C&D) debris collection, disposal, and diversion information on the City-prescribed forms. At least 50 percent of the construction debris shall be diverted from landfill to the recycling plants. A security deposit in amount of $50 per ton (not to exceed $5,000 per project) for C&D security deposit will be collected prior to issuance the permit. Prior to final inspection, applicant shall submit to the Exhibit A Zoning Administrator Action 05-017 September 6, 2005 Page 6 (3) 3.8 City of Tustin documents (i.e. receipt from vendor) showing actual weight or volume of each material of C&D diverted to the recycling center. For any questions or concerns, please contact Joe Meyers at (714) 573-3173. No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. PUBLIC WORKS/ENGINEERING (1 ) 4.1 (1 ) 4.2 FEES (1 ) 5.1 (1 ) 5.2 The applicant is required to comply with Section 4327 of the Tustin City Code which details requirements for developing and implementing a Waste Management Plan. The Applicant, Property Owner, and/or tenant(s) are required to participate in the City's recycling program. Prior to issuance of any building permits, payment shall be made of all applicable fees based upon those rates in effect at the time of payment and are subject to change, including but not limited to, the following: a. Building plan check and permit fees to the Community Development Department based on the most current schedule. b. Engineering/Public Works plan check and permit fees to the Public Works Department based on the most current schedule. c. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. 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 that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.