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Home My WebLink AboutCUP 05-046 Inter-Com ........................................... .. ..--..........-...--............................................................-....................................-.....................--........-.............-..................................-..-....-.....-...............-..........--.............-..-................-..-...-.....................-..-.....-- DATE: FEBRUARY 13, 2006 ZONING ADMINISTRATOR TO: FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 05-046 .. ...-............... _. ..-....- .m... .. .m. .- APPLICANT: VICKY YEONJUNG KIM-NAM 1479 STARBUCK STREET FULLERTON, CA 92833 PROPERTY OWNER: WILLIAM ZAP PAS 3922 EMERALD STREET TORRANCE, CA 90503 LOCATION: 654 EL CAMINO REAL GENERAL PLAN: OLD TOWN COMMERCIAL ZONING: CENTRAL COMMERCIAL (C-2 P) 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 GENERAL ALCOHOLIC BEVERAGES FOR ON-SITE CONSUMPTION (ABC LICENSE TYPE 47) IN ASSOCIATION WITH ON-SITE DINING IN AN EXISTING RESTAURANT LOCATED AT 654 EL CAMINO REAL. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 06-002 approving Conditional Use Permit 05-046. BACKGROUND The site is located in the Central Commercial (C-2) Zoning District and Old Town Commercial General Plan land Use Designation. Section 9233c(v) of the Tustin City Code (TCC) requires approval of a Conditional Use Permit for on-site consumption of alcoholic beverages and TCC Section 9299b(3)(f) authorizes the Zoning Administrator to review all proposals for on-site alcoholic beverage sales in restaurants. Zoning Administrator February 13, 2006 CUP 05-046 Page 2 .. Site and Surrounding Properties The site is located at the southwest corner of EI Camino Real and Sixth Street in the EI Camino Plaza shopping center. Surrounding uses include additional retail uses to the east with Planned Industrial (PM) uses to the west, a parking lot followed by retail to the north, and an office building and the Interstate 5 Freeway to the south (see Attachment A - location Map). PROJECT DESCRIPTION The applicant recently purchased the existing Kogami restaurant in December 2005. Kogami restaurant has been in business within the City of Tustin at the same location since December 28, 2004. On April 23, 2001, the Planning Commission adopted Resolution No. 3776 approving Conditional Use Permit (CUP) 01-002 authorizing the sales of beer and wine for on-site consumption (ABC Type 41 License) in conjunction with a restaurant use. The Planning Commission approved Condition 3.18 of Resolution No. 3776 limiting the restaurant business hours from 10:00 a.m. to 10:00 p.m. The applicant wishes to obtain an ABC Type 47 License (On-Sale General for a Bona Fide Public Eating Place) which will allow for the sale of hard liquor in addition to the already existing beer and wine sales. In addition the applicant is proposing to increase the hours of operation to 2:00 a.m. Alcoholic Beverage Sales Regulations and Guidelines The proposed sale of general alcoholic beverages (hard liquor, 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 general alcoholic beverages for on-site consumption is in conjunction with a restaurant, Section 9233c(v) of the Tustin City Code exempts the facility from meeting regulations establishing a minimum distance to sensitive uses (i.e. churches, residential, parks, playground, etc.). 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 06-002 to mitigate concerns Zoning Administrator February 13, 2006 CUP 05-046 Page 3 related to the on-site sale and consumption of alcoholic beverages in conjunction with the restaurant. Hours of Operation The applicant is proposing to operate during the hours of 10:00 a.m. to 2:00 a.m. daily. Staff finds that these hours are inconsistent with the operational hours of other businesses within the EI Camino Plaza. There are only six (6) businesses located in the plaza that are operating into the late evening hours. Various businesses with ev~ning hours include: Bally Total Fitness open until midnight Monday thru Thursday, until 1 0:00 p.m. on Friday, and until 8:00 p.m. on Saturdays and Sundays; Elizabeth Howard's Curtain Call Dinner Theater concludes their final performance at approximately 10:30 p.m.; and the Tustin Health Spa operates until 9:00 p.m. in the evening. A similar use to Kogami restaurant is the Kitajima restaurant which is limited to the operational hours of 11 :00 a.m. to 12:00 a.m. in accordance with Condition 2.17 of CUP 98-031. However, the Kitajima restaurant currently operates with an ABC Type 41 License until 10:00 p.m. in the evening. The only use in EI Camino Plaza that remains open past midnight is Deva's bar which is open until 2:00 a.m. Staff believes that full service restaurants typically do not serve food after the hours of 12:00 a.m. Any restaurant facility operating after midnight that is not being maintained as a full service restaurant would be more similar to a bar establishment. Pursuant to Section 9233(v) of the Tustin City Code, on-site alcoholic beverage sales establishments (bars) must maintain a minimum distance of 1,000 feet from any other existing on-site or off-site alcoholic sales establishments. There is already an existing bar establishment (Deva's) located within 1,000 feet of Kogami restaurant. The minimum distancing requirements would prohibit Kogami restaurant from operating as a bar and pursuant to proposed Condition 2.5, no ancillary bar would be permitted to be established. Pursuant to proposed Condition 2.3, alcohol sales will be limited to the hours when food is being served Parking There will be no change in the parking requirement since there will be no change in use and there will be no expansion. FINDINGS A decision to approve this request may be supported by the findings that the establishment, maintenance, and the sales of alcoholic beverages 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, Zoning Administrator February 13, 2006 CUP 05-046 Page 4 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. The proposed sale of on-site alcoholic beverages is allowed within the Central Commercial (C2) zoning district with the approval of a Conditional Use Permit. B. As conditioned, the proposed on-site consumption of alcoholic beverages 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. C. 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. D. The restaurant currently possesses an ABC Type 41 License (On-Sale Beer and Wine for a Bona Fide Public Eating Place), and the proposed ABC Type 47 License (On-Sale General for a Bona Fide Public Eating Place) would be an upgrade to the existing license. ----- E. Currently the restaurant is limited to the operational hours of 10:00 a.m. to 10:00 p.m. in accordance with Condition 3.18 of Conditional Use Permit 01-002. As conditioned, the operational hours will be extended to 12:00 a.m. These hours are consistent with other businesses within EI Camino Plaza. R!i¿-~ Assistant Planner Attachments: A - location Map B - Submitted Plans C - Zoning Administrator Action No. 06-002 ATTACHMENT A Location Map TUSTIN CITY M'~ ) Project No. CUP 05-046 Address: 654 EI Camino Real Tustin, CA 92780 " "" rul",." " i; ., "I I ;;I~ Ij '" "^'" 3"Tn I" ¡ :; ¡! "~ ~'" '. 8 n '" " ."' ".".,.,", ... ~ ;¡ ~ ! '-"='L- ~..." ". " ~æ~HIB, , I." '. '" .", ... "" ". ... '" ATTACHMENT 8 Submitted Plans -------- ---~----- I I I I I I I ,.h \ I I I I I I I I I I I I ~I 01 ~I 21 ~I ~i~ I'i I 3- e 0 -,., .. ; //'" --- r----------",,- ~ ------- -- 7-/,/////'//,///,///,/-/ rl- ~--LL;_L..!........:.......i..._~.....LLJ !l1 " I .. ~~~) ê!~ ! 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[../:>,;:::,... . -"<::~!1!jJ )/ -'.'.."--'----...- .-.......~ -....... -- --------"-'~,- --, , -'----.............. - ------ -- --.--- '-'.. ._-~, " / ç;--. \.f' ..c [\ì \' !""'- po <- .... 11- 2- 0 ¡<J [(I ,>-- !:1 ë¡ :;¡ is '" § h '" S PARKING D"-"1AND PER CITY CODE - EL CAMINO D~AZA, TUSTIN Korean Restaurant - Parking Study .., -,)- ~ , ."".(" .: .".,. .>" ;,' ,(,(: '., <;'...'.'. I' PARKING PARKING SUITE > </' ,-,;.."",,'..,, SIZE ;;SEATS:,.' :./lATIO':". REOUIRED ., 600 H& R Block 1,800 SF 1 1250 SF 7.2 602 420, Inc. (Eyeware) 1,200 SF 1 /200 SF 6.0 604 Marcel's Jewelry & Loan 1,000 SF I /200 SF 5,0 610 Alteration Cleaners 600 SF 1 1200 SF 3.0 620 Best Hair Care 600 SF 1 /200 SF 3,0 630 Bally Total Fitness 30,000 SF 7.8/1,000SF 234.0 632.'1. VACANT 4,000 SF I /200 SF 20.0 632B Harlum Board Sports 2,000 SF I ] /200 SF ]0.0 632C Research Office 2,000 SF I 1250 SF 8,0 638 Laxmi Sweets and Spices 3,200 SF 36 I /3 Seats. 12.0 640 Furniture Store 1,800 SF 1 1200 SF 9,0 650 I Tustin Health Spa 7,000 SF 1 /200 SF 35.0 654 I Proposed Korean Restaurant 2,000 SF 40 I 113 Seats 13.3 I 656 I VACANT I 2,000 SF I 1 /200 SF 10.0 658 I EI Camino Sushi Bar 2.000 SF 49 1 /3 Seats I 16.3 660 EI Camino Sushi Bar 600 SF I 28 I 13 Seats 93 662 TJ's Submarine 600 SF I 12 I /3 Seats 4.0 664 Computer Store I 600 SF I 1 /200 SF 3.0 668.'1. I Shamrock Coffee 600 SF 11200 SF 30 668B I VACANT 725 SF 1 /200 SF 3,6 672 Deva's (Cocktails) 1,650 SF 35 ] /3 Seats 11.7 674 Office 825 SF I /250 SF 3.3 676 Del Valle Real Estate 825 SF 1 /250 SF 3.3 678 Design Thru EmotIOn (Furniture) 825 SF ] 1200 SF 4, I 680 Shayra's Hair Salon I 1,100 SF I I /200 SF 5,5 682 Long Hai Chinese Restaurant 1,375 SF 46 1/3 Seats I 15.3 684 Orange County Kosher Market 1,240 SF I 1 /200 SF 6.2 688 Orange County Kosher Market I 2,040 SF I I /200 SF ]0.2 690 Elizabeth Howard's Curtain Call Dinner Theatre 10,477 SF 300 I I 3 Seats 1000 692 Puppet Store I 777 SF 1 1200 SF 39 694 I #1 Nails I 563 SF I ] /200 SF 2.8 696 I Gifts By Adam , 1,375 SF I 1200 SF 6.9 I 700 I Ofíìce 2,000 SF 1 /250 SF I 8.0 I I 706 I Bronco Cleaners 2,200 SF I I I / 200 SF ¡ 1.0 I I Tustin Shoe Repair I I I 708 I 750 SF 1 1200 SF I 3E I 710 I Party Time 4, I ] /200 SF 238 , 712 i Videoland 3,750 SF 1 1200SF 18 8 I TOTAL SPACES /ŒQUlRED PER CITY CODE ¡ L,st of tenants venfied by the propeny manager of the EI Cammo Plaza shoppIng center (December 2000). 653.3 II II It II 11) STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL A~LCOH 'OLeiC. ..B¡E:\t:ERAG;E ..L;ICEN:S¡E I ON-SALEBHRANDWJNE -EAT I NG PLACE VALID FROM H &J BEST FOOD INC 9252GARDEN.GROVEBL VD 21 GARDEN . GROVE ,CA92844 EXPIRES AUGj1,2006 SIP 01,2005 TYPE NUMBER DUP 41'-414894 3020-]] RENEWAL AREA CODE BUSINESS ADDRESS (IF DIFFERENT) DBA:KOGAMI 654 EL CAMINO REAL TUSTIN,CA 92]80 OWNERS: H &J BEST FOOD INC CONDITIONS /-- I IMPORTANT INFORMATION EFFECTIVE PERIOD This license is effective only for the operating period shown above. A new license will be sent to you wIthin 30 days of the expiration date on your license if payment is timely. POSTING Cover this license with glass or other transparent material and post it on premises in a conspicuous place RENEWAL NOTICES Renewal notices are sent to premises address unless a specific mailing address is requested. If a notice is not received 30 days before expiration date shown above,contact the nearest ABC office. To assure receipt of notices, advise your local ABC office of any change in address. RENEWAL DATES It is the licensee's responsibility to pay the required renewal fee by the expiration date shown above penalty is charged for tate renewal and the license can be automatically revoked for failure to pay. A SEASONAL LICENSES It is the licensee's responsibility to oavthe required rI'!newal fee orior to the next operating Deriod CONDITIONS A copy of all applicable conditions must be kept on premises LICENSEE NAME Only 10 names will be printed on each license. If there are more names associated with the license, they will be indicated by "ET AL", All names are on file and available upon request from your local ABC office, DBA If you change your business name please notify your local ABC office if you have any questions regarding this license, contact your local ABC office. NOTE: CONTACT YOUR lOCALABC OFFICE IF YOURLICENSEDPREMISES WILL BE TEMPORARILY CLOSED FOR MORE ll-IAN 15 DAYS OR WilL BE PERMANENTLY CLOSED. Page RENP310... 00622 2025570042 Department of A]coholic Beverage Control Á PPLICA TION FOR ALCOHOLIC BEVERAGE LICENSE(S) 2] I (6/99) ~ State of California TO: Department of Alcoholic Beverage 28 Civic Center Plaza, Room 369 Santa Ana, CA 92701 (7]4) 558-4101 Control File Number: 435003 Receipt Number: 1547101 Geographical Code: 3020 Copies Mailed Date: December Issued Date: 27, 2005 Þ IV\ DISTR]CT SERVING LOCATION: Location of Business: SANTA ANA KIMNAM VICKY YEONJUNG KOGAMI 654 EL CAMINO REAL TUSTIN, CA 92780 ORANGE éJ RECEIVED JAN 0 3 2006 COMMUNITY DEVELOPrc.. Fi rst Owner: Name of Business: Coun ty: Is premise inside city limits? Yes Census Tract 0755.05 Mailing Address: (If different from premises address) Type of licensees): 41 Transferor's license/name: 414894 / H & J BEST FOOl Dropping Partner: Yes_- NoL '2ense Type Transaction Type Fee Type Master Dup Date Fee '-lION-SALE BEER AND PERSON TO PERSON TRANSF NA Y 0 12/27/05 $ ] 50.00 4J ON-SALE BEER AND ANNUAL FEE NA Y 0 12/27/05 $304.00 41 ON-SALE BEER AND STATE FINGERPRINTS NA N 2 12/27/05 $78.00 Total $532.00 Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any "Yes" answer to the above questions on an attachment which shall be deemed purl of this application. Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) that he wij] not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of ORANGE Date: December 27, 2005 Under penalty of peljury, each person whose signature appears bclow, certifies and says: (I) He is an applicant. or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly anthorized to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or .applicant's business to be conducted under the licensees) for which this application is made; (4) that the tr"askr application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agrecmel1l entered intO more than ninety (90) days preceding the day on which thc transfer applIcation is filed with the Department or In gain or establish a preference to or for any creditor or transferor or to defraud or injnre any creditor of transferor; (5) that the transfer applicatIon may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. Applicant Name(s) Applicant Signature(s) ~~ß;:~. /(;J:-;.?~-?, KlMNAM VICKY YEONJUNG ,~' ATTACHMENT C Zoning Administrator Action No. 06-002 ZONING ADMINISTRATOR ACTION 06-002 CONDITIONAL USE PERMIT 05-046 The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. B. C. D. That a proper application for Conditional Use Permit 05-046 was filed by Vicky YeonJung Kim-Nam, on behalf of Kogami restaurant, requesting authorization to obtain a license for the on-site sale and consumption of general alcoholic beverages (ABC License Type "47") in conjunction with a bona fide eating place located at 654 EI Camino Real. That the proposed use is allowed within the Central Commercial (C2) Zoning District, with the approval of a Conditional Use Permit, and is consistent with the Old Town Commercial land Use Designation of the City of Tustin General Plan, which provides for a variety of commercial uses. That a public hearing was duly called, noticed, and held on said application on February 13, 2006, by the Zoning Administrator. That the establishment, maintenance, and operation of the use applied for 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 sales of on-site alcoholic beverages is allowed within the Central Commercial (C2) Zoning District with the approval of a Conditional Use Permit b. As conditioned, the proposed on-site consumption of alcoholic beverages is consistent with the Alcoholic Beverages Sales Establishment Guidelines as amended by the Planning Commission and approved by the City Council on May 21,2001. c. 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. d. The restaurant currently possesses an ABC Type 41 License (On- Sale Beer and Wine for a Bona Fide Public Eating Place) and the proposed ABC Type 47 License (On-Sale General for a Bona Fide Public Eating Place) would be an upgrade to the existing license. Zoning Administrator Action 05-015 September 12, 2005 Page 2 ----"" e. Currently the restaurant is limited to the operational hours of 10:00 a.m. to 10:00 p.m. in accordance with Condition 3.18 of Conditional Use Permit 01-002. As conditioned, the operational hours will be extended to 12:00 a.m. These hours are consistent with other businesses within EI Camino Plaza. E. 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). II. The Zoning Administrator hereby approves Conditional Use Permit No. 05-046 authorizing the on-site sale and consumption of general alcoholic beverages (ABC License Type "47") in conjunction with an existing restaurant located at ~54 EI Camino Real, 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 13th day of February 2006. DANA OGDON ACTING ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY 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. 06-002 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 13th day of February, 2006. 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 06-002 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped February 13, 2006, 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. The Director of Community Development may also approve subsequent minor modifications to the use if such modifications are consistent with provisions of the Tustin City Code. Conditional Use Permit approval shall become null and void unless an Alcoholic Beverage Control License Type "47" is obtained from ABC and the sale and consumption of general alcoholic beverages commences within eighteen (18) 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 or as specified, subject to review and approval of the Community Development Department. Approval of Conditional Use Permit 05-046 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agrèement 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 05-046 authorizes ABC License Type "47" for the on- site sale and consumption of alcoholic beverages in conjunction with a bona fide public 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 06-002 February 13, 2006 Page 2 (1 ) 1.6 (1 ) 1.7 (1 ) 1.8 *** 1.9 As a condition of approval of Conditional Use Permit 05-046, 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 Cou!1cil by ordinance. The use herein permitted may be reviewed at any time by the Community Development Director from the date of this exhibit, to ensure compliance with conditions of approval and to prevent any adverse impacts to the surrounding community. The Director may recommend that the Planning Commission modify existing conditions or add new conditions to protect the public health, safety, community aesthetics, and general welfare. USE RESTRICTIONS (1 ) 2.1 *** 2.2 (7) 2.3 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. No outdoor seating is allowed at the site unless approved in accordance with the Tustin City Code. The total number of seats approved through Conditional Use Permit 01-002 for the restaurant shall not be increased from the maximum forty (40) seats. Hours of sales of general alcoholic beverages shall be limited to the hours when food is served. Menu items shall be available in the restaurant during business hours. Permitted hours of operation are from 10:00 a.m. to 12:00 (1 ) (1 ) (1 ) (1 ) (7) (1 ) (1 ) (1 ) Exhibit A Zoning Administrator Action 06-002 February 13, 2006 Page 3 a.m. This is an extension of the previous hours of operation permitted through Conditional Use Permit 01-002. (1 ) 2.4 The menu of the restaurant shall consist of foods that are prepared on the premises. (7) 2.5 Authorization for the on-site sales of general alcoholic beverages (ABC License Type "47") is contingent upon the use of the subject premises remaining a restaurant. No ancillary bar would be permitted to be established at the subject location. Should this use change or be discontinued, authorization for this use permit shall become null and void. (1 ) 2.6 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. 2.7 "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. 2.8 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 dancing or live entertainment on the premises. 2.10 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. 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 public 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 Exhibit A Zoning Administrator Action 06-002 February 13, 2006 Page 4 review and approval at the request of the Community Development Director. 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. FEES (1 ) 3.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period 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.