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HomeMy WebLinkAbout02 ZA AGENDA REPORT UNION MARKET �X AGENDA REPORT I TEM #2 MEETING DATE: MARCH 16, 2020 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2019-00013 APPLICANT: PROPERTY OWNER: ANDREA YOUNG THE DISTRICT AT TUSTIN LEGACY UNION MARKET TUSTIN VESTAR /KIMCO TUSTIN L.P, 2493 PARK AVENUE 2437 PARK AVENUE TUSTIN, CA 92782 TUSTIN, CA 92782 LOCATION: 2493 PARK AVENUE GENERAL PLAN: TUSTIN LEGACY SPECIFIC PLAN ZONING: TUSTIN LEGACY SPECIFIC PLAN 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 ALCOHOLIC BEVERAGES IN CONJUNCTION WITH AN INDOOR MARKETPLACE ESTABLISHMENT 7 rte' F � a t rl Zoning Administrator March 16, 2020 CUP 2019-00013 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 20-004 approving Conditional Use Permit (CUP) 201900013 to authorize the sale of alcoholic beverages for on-site consumption in conjunction with Union Market, an indoor marketplace establishment, located at 2493 Park Avenue. APPROVAL AUTHORITY The project site is located within the Tustin Legacy Specific Plan (SP-1) zoning district, within SP-1 zoning district Planning Areas 16-19. The SP-1 zoning district permits on- site alcoholic beverage establishments subject to the approval of a CUP. Pursuant to Section 9299b(3)(g) of the Tustin City Code (TCC), the Zoning Administrator has the authority to review and approve on-site alcoholic beverage sales uses. BACKGROUND Location and Surrounding Properties The project site is located within the SP-1 zoning district within Planning Areas 16-19 (Figure 1). The General Plan Land Use Element designation is Tustin Legacy Specific Plan, which provides opportunities for a mixture of activities such as retail, commercial services, entertainment, etc. Union Market, an indoor marketplace establishment, is located within The District at Tustin Legacy, within The Promenade (Lifestyle) area, on the northeaster portion of the center towards Bowlmor Lanes and The Auld Dubliner. Other major tenants in the Lifestyle Center of The District include the following: Planet Fitness, Bar Louie Restaurant, and AMC Theaters. 771 a �� �e°� Y r� v � ♦ 4.� i�hw� �" a; � 9r4.._ . kC iw k, �a �sP Tom' v Figure 1 —Aerial Map Zoning Administrator March 16, 2020 CUP 2019-00013 Page 3 The areas northeast of The Promenade includes other large retail businesses, such as Lowe's, Target and Costco, as well as restaurant uses. Northwest of the Promenade is parking and the City's temporary emergency shelter. The uses to the southwest, across Barranca Parkway, include office and light industrial businesses and are located within the City of Irvine. PROJECT DESCRIPTION Project Summary Union Market is a 21,560-square-foot indoor marketplace-type establishment featuring independent gourmet food, fashion, and lifestyle businesses. The applicant is requesting authorization to sell alcoholic beverages of beer, wine, and distilled spirits for on-site consumption for current and future vendors of Union Market. Union Market has a mix of food, drink, retail, and lifestyle vendors (Figure 2). Presently per the Califomia Department of Alcoholic Beverage Control, there are two (2) active Type 47 licenses- on-sale general -- eating place (Vendors #45 and 57169) and one (1) pending Type 41 license- on-sale beer & wine -- eating place (Vendor #89). Food would be sold during all hours the restaurant is open for business. I 57 45 85 <8_1 77 73 53 41 89 �. -- : f A 37 69 i 65. 33 93 � 29 I 25 v 5 7 - _-- -.- --_____-_-..__--.__.! w 1 9 , . SUITE LEGEND: 1:PORTOLA COFFEE 29:FLIP PAN 57:KETCLEBAR 81:BLACK STEEL BARBER 5:UNION MARKET STORE 33:MARKET 2 PLATE 61:BERRY BRAND 85:INDULGE 9:CUBED 31153:WCOFFAK 65:SEATING/FUTURE TENANT 84:HERMOSA TAOUERIA 13117:FUTURE TENANT 41:MJ SALON 69:CENTRAL BAR 93:ROBA NOODLE 21:CHURNED 45;STOWAWAY TIKI BAR 73:LEA' N CREAM 25:OC HIT FACTORY 49:SOCIALITE LASH LOUNGE 77:AURAGANIC JUICERY Figure 2—Floor Plan Zoning Administrator March 16, 2020 CUP 2019-00013 Page 4 Alcoholic Beverage Sales The sale of alcoholic beverages for on-site consumption can be authorized in conformance with the City's Alcoholic Beverage Sales Establishment Guidelines as adopted by the Planning Commission on March 13, 2018, and TCC Section 9271(dd). Pursuant to TCC Section 9271(dd), on-site alcoholic beverage sales are exempt from distance separation requirements to sensitive uses and other alcoholic beverage sales establishments. Union Market is an indoor marketplace with a mix of commercial vendors. This CUP is requested by the owner/applicant of Union Market and will apply to current and future vendors of the marketplace. The owner/applicant of Union Market will be responsible for having each vendor seeking to sell on-site alcoholic beverages sign the "Agreement to Conditions Imposed" form (Condition No. 1.5 of ZAA No. 20-004). Additionally, each vendor will be responsible for getting their own Alcoholic Beverage Control License with the California Department of Alcoholic Beverage Control. As proposed and conditioned, food would be sold during all hours the restaurant is open for business and all bar seating is contained within the walls of the existing establishment Proposed Condition No. 2.4 of ZAA No. 20-004 requires food to be available on the premises during all hours of operation. Business Hours The applicant proposes the following hours of operation for the indoor marketplace: Sunday-Monday: 7:00 a.m. to 12:00 a.m. The proposed hours of operation are compatible with other businesses in the Promenade area in that most of the other businesses in The District at Tustin Legacy are open during the same hours. The Tustin Police Department has no concems regarding the ongoing hours of operation. Parking The project site is within an existing shopping and entertainment center. The District at Tustin Legacy will provide 4,820 parking spaces. The existing indoor marketplace and existing vendors meet current parking requirements. Future vendors and expansion of use will be evaluated during future permit plan check and/or business licensing. No additional parking is required to sell on-site alcoholic beverages of beer, wine, and distilled spirits. FINDINGS: In determining whether to approve the CUP to authorize the sale of alcoholic beverages for on-site consumption in conjunction with Union Market, an indoor marketplace establishment, the Zoning Administrator must determine whether or not the proposed use will 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 Zoning Administrator March 16, 2020 CUP 2019-00013 Page 5 improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin. A decision to approve this request may be supported by the following findings: 1. The proposed sale of on-site alcoholic beverages is allowed within SP-1 zoning district with the approval of a CUP. 2. Pursuant to TCC Section 9271(dd), on-site alcoholic beverage sales are exempt from distance separation requirements to sensitive uses and other alcoholic beverage sales establishments. 3. The proposed on-site consumption of beer, wine, and distilled spirits is consistent with the Alcoholic Beverage Sales Establishment Guidelines, TCC Section 9271(dd), and Ordinance No. 1493 that support economic development opportunities for alcoholic beverage establishments in the City. 4. The on-site consumption of alcoholic beverages would be in conjunction with an indoor marketplace establishment use where food will be served at all times when alcoholic beverages are served. 5. The applicant/owner will require each vendor to comply and sign the Conditions of Approval. 6. Each vendor will obtain their own Alcoholic Beverage Control License with the California Department of Alcoholic Beverage Control. 7. Each vendor is subject to Conditions of Approval and California Department of Alcoholic Beverage Control restrictions. 8. The restaurant establishment use is located within the SP-1 zoning district Planning Areas 16-19, which allows for retail and service commercial uses. 9. No expansion of the existing indoor marketplace use is proposed. Any intensification of use regarding new or future vendor expansions will be addressed during at permit plan check and/or business licensing. 10.The Tustin Police Department has reviewed the application and has no immediate concerns. Staff recommends that the Zoning Administrator adopt ZAA No. 20-004 approving CUP 2019-00013 to authorize the sale of alcoholic beverages for on-site consumption in conjunction with Union Market, an indoor marketplace establishment, located at 2493 Park Avenue, In ry r- Jessica Aguilar Associate Planner Zoning Administrator March 16, 2020 CUP 2019-00013 Page 6 Attachments; A. Location Map & Land Use Fact Sheet B, Submitted Plans C. Zoning Administrator Action No. 19-004 i i e ATTACHMENT A LOCATION MAP LAND USE FACT SHEET i i E 1 I 300 foot, 500 foot, and 1,000 foot Radius Map I �yS k 1,000 foot 500 foot r " 300 foot ale, � fL535 Ta rnpkn�b ' \ \ JJ \ N _.�. ♦JJ \ \ 1 1 \ f J! \ t \ \ Location Map 2493 Park Ave Project # CUP 2019-00013 LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP-2019-00013 2. LOCATION: THE DISTRICT AT TUSTIN LEGACY 3, ADDRESS: 2493 PARK AVENUE 4. APN(S): 434-441-16 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: DDA 04-002, CP 04-001, DR 04-010, VAR 04-002, CUP 04-015, CUP 07-010, CUP 2013-14, CUP 2017-05: CUP 2019-00003, CUP 2019- 00004 ! i 6. SURROUNDING LAND USES: ' NORTH: COMMERCIAL SOUTH: COMMERCIAL- INDUSTRIAL EAST: COMMERCIAL WEST: TEMPORARY EMERGENCY SHELTER 7. SURROUNDING ZONING DESIGNATION: NORTH:TUSTIN LEGACY SPECIFIC PLAN DISTRICT SP-1 SOUTH: SP-1 & CITY OF IRVINE EAST: SP-1 WEST: SP-1 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: TUSTIN LEGACY SPECIFIC PLAN DISTRICT (SP-1) SOUTH: SPA & CITY OF IRVINE EAST: SPA WEST: SPA 9, SITE LAND USE: i A. EXISTING: COMMERCIAL B. PROPOSED: INDOOR MARKETPLACE WITH ALCOHOLIC BEVERAGE SALES C. GENERAL PLAN: SP-1 PROPOSED GP: SAME D. ZONING: SPA PROPOSED ZONING: SAME i DEVELOPMENT FACTS: NO CHANGE TO EXISTING DEVELOPMENT 10. LOT AREA: 112 GROSS ACRES APPROXIMATELY 11. PARKING: 4,820 SPACES: SHARED PARKING ANALYSIS 12, TENANT IMPROVEMENTS: APPROXIMATELY 21,560 SQUARE FEET lNO CHANGE PROPOSED) I iE I I v k ATTACHMENT B SUBMITTED PLANS k k E i i 1 f F 4 4 1 tt i W - ? p 0 CC C=) %Mal i �K cl:f Ax a �LDg5 O� 0 � � ao;s1 d� Oy. u� I I 5i UP y " & � � � _� $_ � o "g &_ ` off W S 91 W �G1 a No ����' w �9 yo� F�Ese� ayn� � nye � 2� 5i � d $ i � 1s nI HIR Ec"L� y €� = ±Y lfYMCY �'e5g � M � Yo `�,� a�MER $ —� ARM MINN N APft in & �1 • I Al • I : I" c • H i � e7 � N L.. 4 .� f. •. I..'��J.�l.� Lf ua i 0 I y y L AYM�fYd V'�YQ ` 0 Q m o tiOTN n � ;;�"urs •°� : - U:.! a nx 13 Lu �u rn cc co 4 •. � �Com) `�' 1 r`'-I ° ala U- F LO Lo ! o" _1LW c m en C3 ;C IL �.. � era / 00 � * a u 1 00 � 6 Q U-1 cera 9 H Q I I i ATTACHMENT C ZONING ADMINISTRATOR ACTION NO. 20-004 i E ZONING ADMINISTRATOR ACTION NO, 20-004 CONDITIONAL USE PERMIT 2019-00013 2493 PARK AVENUE 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(CUP) 2019-00013 was filed by Andrea Young of Union Market Tustin requesting authorization to establish on-site alcoholic beverage sales for current and future vendors at Union Market, an indoor marketplace establishment, located at 2493 Park Avenue in The District at Tustin Legacy shopping center. B. That the proposed use is consistent with the Tustin General Plan in that the property is designated as "Tustin Legacy Specific Plan" which provides for the establishment of commercial uses. In addition, the project has been reviewed for consistency with the Air Quality Sub-Element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-Element. f C. That pursuant to Tustin Legacy Specific Plan Section 3.14.3, alcoholic beverage sales establishments are conditionally permitted uses within the Tustin Legacy Specific Plan (SP-1) Planning Areas 16-19, and subject to the provisions contained within TCC Section 9271(dd). D. That pursuant to Tustin City Code (TCC) Sections 9299b(3)(g) and 9299(b) the Zoning Administrator has the authority to consider requests for on-site alcoholic beverage sales establishments. E. That a public hearing was duly called, noticed, and held for CUP 2019-00013 on March 16, 2020, by the Zoning Administrator. F. That the establishment, maintenance, and operation of the on-site alcoholic beverage sales 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 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 sale of on-site alcoholic beverages is allowed within SPA zoning district with the approval of a CUP. 2) Pursuant to TCC Section 9271(dd), on-site alcoholic beverage sales are exempt from distance separation requirements to sensitive uses and other alcoholic beverage sales establishments. i I Zoning Administrator Action 20-004 CUP 2019-00013 Page 2 3) The proposed on-site consumption of leer, wine, and distilled spirits is consistent with the Alcoholic Beverage Sales Establishment Guidelines, TCC Section 9271(dd), and Ordinance No. 1493 that support economic development opportunities for alcoholic beverage establishments in the City. 4) The on-site consumption of alcoholic beverages would be in conjunction with an indoor marketplace establishment use where food will be served at all times when alcoholic beverages are served. 5) The applicant/owner will require each vendor to comply and sign the Conditions of Approval. 6) Each vendor will obtain their own Alcoholic Beverage Control License with the California Department of Alcoholic Beverage Control restrictions. 7) Each vendor is subject to Conditions of Approval and California Department of Alcoholic Beverage Control restrictions. 8) The restaurant establishment use is located within the SP-1 zoning district Planning Areas 16-19, which allows for retail and service commercial uses. I 9) No expansion of the existing indoor marketplace use is proposed. Any intensification of use regarding new or future vendor expansions will be addressed during at permit plan check and/or business licensing. 10)The Tustin Police Department has reviewed the application, and has no immediate concerns. G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations(Guidelines for the California Environmental Quality Act). 11. The Zoning Administrator hereby approves CUP 2019-00013 authorizing the establishment of on-site alcoholic beverage sales for current and future vendors at Union Market, an indoor marketplace establishment, located at 2493 Park Avenue, 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 on the 16th day of March, 2020. Zoning Administrator Action 20.004 CUP 2019-00013 Page 3 ELIZABETH A. BINSACK ZONING ADMINISTRATOR VERA TISCARENO RECORDING SECRETARY STATE OF CALIFORNIA } COUNTY OF ORANGE ) CITY OF TUSTIN ) I, VERA TISCARENO, the undersigned, hereby certify that I am the Recording Secretary of a the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 20-004 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 16�h day of March, 2020. i VERA TISCARENO RECORDING SECRETARY i f i i E if I j j j 3 i EXHIBIT ZONING ADMINISTRATOR ACTION NO. 20=004 CONDITIONAL USE PERMIT 2019-00013 CONDITIONS of APPROVAL 2493 PARK AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 16, 2020, 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 mo ifications to plans during plan check if such modifications are consistent with provisions of the Tustin city code (TCC). (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. 1 1.3 This approval shall become null and void unless the use is established within twelve re 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 0 days prior to expiration. (1) 1A Approval of conditional Use Permit CUP 2019-00013 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 ofApp ro aI"form. The forms sha11 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 of the establishment creates undue burden to the city of Tu tin's (city) resources, or.if the CUP is abandoned for a twelve 12 month period, these circumstances shall be grounds for revocation of the CUP. (1) 1.5 Each vendor is required to sign and return an "'Agreement to Conditions Imposed" form provided by the Community Development. Failure to d so would be a basis for revocation proceeding. SOURCE CODES (1) STANDARD D CO [DITION RESPONSIBLE AGENCY C REQUIREMENT (2) CEQA MITIGATION LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE1s Pc/cc POLICY (4) DESIGN REVIEW ''' EXCEPTION Zoning Administrator Action No. 20-004 Exhibit A- Page 2 (1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a), (1) 1.7 CUP 2019-00013 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 CUP 2019-00013, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.8 As a condition of approval of CUP 2019-00013, 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 patty 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 the-defense of any such action under this condition. (1) 1.9 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by i ordinance. i (1) 1.10 Approved uses shall operate within all applicable State, County, and TCC. Any violations of the regulations of the California Department of Alcoholic Beverage Control (ABC) as they pertain to the subject location, or of the City, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject CUP, as provided for the TCC. USE RESTRICTIONS (1) 2.1 This approval authorizes on-site only alcoholic beverages for current and i future vendors of 2493 Park Avenue (Union Market). Any changes and/or upgrades to the ABC License shall be reviewed and approved by the Community Development Director. i (1) 2.2 The applicant shall require each vendor to obtain the appropriate license from ABC for the type of alcoholic sales authorized for the site. A copy shall be provided to the City prior to operating the alcoholic sales. 1 Zoning Administrator Action No. 20-004 Exhibit A Page 3 (7) 2.3 Businesses may operate until 2:00 a.m. unless otherwise restricted by the Zoning Administrator. If there is a marked or noticeable increase in the number of police related incidents on or near the premises, as such increase may be determined by the Chief of Police, the applicant may be required to provide state-licensed, uniformed security guards at a number determined by the chief of police. (7) 2.4 Food must be served whenever the privileges of the on-sale license are being exercised. (1) 2.5 All seating is contained within the walls of the existing establishment, except outdoor seating areas along the northwest side of the building (#57 and 45). No other outdoor seating for the purpose of serving food or beverages to customers was considered as part of this project. (7) 2.6 The applicant shall ensure that each vendor require managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. ABC must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage sales establishment and shall be presented upon request by a representative of the City. (1) 2.7 The applicant shall require employees of the individual vendor Licensees to be present to monitor all areas of the establishment during all times that alcoholic beverages are being served or consumed. 2.8 Customers shall not be allowed to move freely with alcoholic beverages throughout the indoor marketplace. Employees of the individual vendor licensees shall ensure that customers remain in supervised vendor spaces where the alcoholic beverage(s) were purchased. i (1) 2.9 The applicant shall require that each vendor, at all times, utilize an age j verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons ! based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those twenty-one (21) and older. (1) 2.10 Each vendor's employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel j consume alcoholic beverages during their work shift. i Zoning Administrator Action No. 20-004 Exhibit A Page 4 (1) 2.11 All persons serving alcoholic beverages must be twenty-one (21) years of age or older. (1) 2.12 No off-site sale or consumption of alcohol is authorized, except partially consumed bottles of wine as authorized in Business and Professions Code section 23396.5. (1)(7) 2.13 There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if it functions as food and beverage service bar or lounge area. (1) 2.14 Live entertainment shall be subject to the issuance of a live entertainment permit pursuant to TCC Chapter 2 Part 3, and shall comply with all of the standards contained therein. (1)(7) 2.15 There shall be no special events sponsored by or involving an outside promoter or any other person other than the applicant and/or property owner. The building may not be sublet to a separate business or promoter or person other than the applicant and/or property owner. i i (1)(7) 2.16 In the event that there is a queuing line, the business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. No food or beverages shall be consumed while in queuing lines. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. (1)(7) 2.17 There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (1)(7) 2.18 Games or contest requiring or involving consumption of alcoholic beverages shall be prohibited. i (1)(7) 2.19 Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Community Development Department and the Tustin Police Department (TPD). (1) 2.20 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. (7) 2.21 The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, which have been approved by the TPD, addressing at a minimum the following items: Zoning Administrator Action No. 20-004 Exhibit A Page 5 • Identify individuals who are responsible for the premises. The list shall include contact information such as name, address, phone number, etc. and the list shall current and accurate. • Procedures for handling obviously intoxicated persons. • The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. • Procedures for handling patrons involved in fighting, arguing or loitering about the building, and/or in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s). • Procedures for verifying the age of patrons for purposes of alcohol sales. • Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This i procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. i • Procedures for calling the TPD regarding observed or reported criminal activity. • Procedures for management of queuing lines. • The location and description of any video games proposed to be on the premises. E (7) 2.22 There shall be no window coverings or advertisements that reduce the visibility inside of the business. i (7) 2.23 All signs shall comply with the Tustin Sign Code and the following: ! • There shall be no exterior advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. No interior displays of alcoholic beverages or signs i which are clearly visible to the exterior. • Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) percent of window coverage. • The applicant shall post "NO LOITERING' sign prohibiting loitering on the exterior of the premises. Zoning Administrator Action No. 20-004 Exhibit A Page 6 • Signs shall be posted in a conspicuous space at all entrances/exits of the premises which shall state, "NO ALCOHOLIC BEVERAGES BEYOND THIS POINT." (1) 2.24 Any graffiti painted or marked upon the premises or any adjacent area under control of the property owner or the business shall be removed or painted within twenty-four (24) hours of being applied. (1) 2.25 All litter shall be removed from the exterior areas around the premises including public sidewalk areas and parking areas, no less frequently than i once each day that the business is open. (1) 2.26 As part of the State-required Organics Diversion Program, the applicant shall provide collection receptacles with the kitchen area, and contract haul service, for organic waste. (1) 2.27 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the TCC. CODE ENFORCEMENT (5) 3.1 The painted sign type and locations were not approved as part of The District Master Sign Program for Union Market. Please remove or submit a CUP to amend the sign program. This must be addressed prior to project completion. (5) 3.2 The outdoor seating on the southeast side of Union Market has been extended beyond the approved boundary area. Please remove additional seating or obtain permit approval for the extended seating. The area appears to be seating in common, which is not required to be parked; however, all furniture should be uniform in design and color. This must j be addressed prior to project completion. i FEES (1)(5) 4.1 Within forty-eight (48) hours of approval of the subject project, the applicant 3 3 shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00)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 i 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.