HomeMy WebLinkAbout01 ZA AGENDA REPORT LA FAYETTE PLAZA DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40
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AGENDA REPORT
MEETING DATE: SEPTEMBER 16, 2020
TO: ZONING ADMINISTRATOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 2020-0012
APPLICANT: PROPERTY OWNER:
STEVE RAWLINGS LA FAYETTE PLAZA INVESTORS, LP
RAWLINGS CONSULTING 24800 CHRISANTA DRIVE, SUITE 130
26023 JEFFERSON AVENUE, SUITE D MISSION VIEJO, CA 92691
MURRIETA, CA 92562
LOCATION: 13051 NEWPORT AVENUE
GENERAL PLAN: COMMUNITY COMMERCIAL (CC)
ZONING: CENTRAL COMMERICAL (C2)
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1)
PURSUANT TO SECTION 15301 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
REQUEST: ON-SITE ALCOHOLIC BEVERAGE SALES (TYPE 47) IN
CONJUNCTION WITH A RESTAURANT BUSINESS
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DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40
Zoning Administrator
September 16, 2020
CUP-2020-0012
Page 2
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 20-007
approving Conditional Use Permit (CUP) 2020-0012 to authorize the sale of alcoholic
beverages for on-site consumption at a 7,722 square-foot restaurant business in an
existing location at 13051 Newport Avenue.
APPROVAL AUTHORITY
The project site is located within the Central Commercial (C2) zoning district and within
the Community Commercial (CC) General Plan land use designation. The Central
Commercial 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 in conjunction with restaurants.
BACKGROUND
Location and Surrounding Properties
The project site is located within the Lafayette Plaza, a retail shopping center located at
Newport Avenue and Irvine Boulevard (Figure 1 — Area Map & Project Site). Properties
north of the site are zoned residential and are situated within the unincorporated County of
Orange area, properties south of the site are zoned Central Commercial (C2), properties to
the east have a zoning designation of Retail Commercial (Cl), and properties to the west
are zoned Specific Plan No. 4/Professional (PR). The surrounding area is developed with
commercial uses and includes restaurants, retail businesses, office buildings, along with
some residential properties.
DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40
Zoning Administrator
September 16, 2020
CUP-2020-0012
Page 3
Newport
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Figure 1 -Aerial Map& Project Site
PROJECT DESCRIPTION
Project Summary
The Taste Changan restaurant is a proposed new full service upscale Chinese restaurant
establishment located within an existing building. The applicant is requesting authorization
to sell alcoholic beverages (Type 47 license)within an existing 7,722 square-foot restaurant
tenant space. The proposed Type 47 alcoholic beverage license would allow sales of beer,
wine and distilled spirits for onsite consumption.
The restaurant has approximately 6,875 square feet of dining service areas. The restaurant
will have a total of forty (40) tables and one-hundred-fifty-two (152) chairs for the indoor and
outdoor patio dining areas (Figure 2-Floor Plan).
DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40
Zoning Administrator
September 16, 2020
CUP-2020-0012
Page 4
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Alcoholic Beverage Sales
The sale of alcoholic beverages for on-site consumption can be authorized in conjunction
with a "bona fide" restaurant use 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 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-five (85) percent of the premise's seating
area shall be designed and used for food consumption. As proposed and conditioned, food
would be sold during all hours the restaurant is open for business.
Also, the gross annual sales of food must exceed the sale of alcohol. As proposed, one-
hundred (100) percent of the premises' seating area would be used for food consumption.
The application indicates that approximately eighty-five (85) percent of sales are estimated
to be from food and fifteen (15) percent from alcoholic beverages. Proposed Condition No.
2.5 of ZAA No.20-007 requires food to be prepared on the premises and available during all
hours of operation.
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Zoning Administrator
September 16, 2020
CUP-2020-0012
Page 5
Business Hours
The applicant proposes the following hours of operation for the restaurant:
Monday-Sunday- 11:00 a.m. to 2:00 a.m.
Per TCC Section 9271(dd), establishment hours of operation may extend until 2:00 a.m.
daily unless otherwise restricted. The Tustin Police Department has no concerns regarding
the extended hours of operation. Per Condition No. 2.2 of ZAA No. 20-007, restricted hours
of operation and/or uniformed security guard(s) may be required if there is a marked or
noticeable increase in the number of police related incidents on or near the premises.
Parking
The project site is within an existing shopping center. The existing tenant space was
previously approved for a restaurant use and meets the current parking requirements.
No additional parking is required to sell onsite alcoholic beverages.
FINDINGS:
In determining whether to approve the CUP to authorize the sale of alcoholic beverages
for on-site consumption in conjunction with an existing 7,722 square-foot restaurant, 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 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 onsite sale of alcoholic beverages in conjunction with a
restaurant establishment is allowed within the C2 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) As conditioned, the proposed on-site consumption of beer, wine, and
distilled spirits is consistent with the Alcoholic Beverage Sales
Establishment Guidelines as adopted by the Planning Commission on
March 13, 2018, and the TCC Section 9271(dd).
4) The on-site consumption of alcoholic beverages would be in conjunction
with a restaurant use where food will be served at all times when alcoholic
beverages are served.
5) No expansion of the existing restaurant use is proposed; therefore, no parking
impacts are anticipated.
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Zoning Administrator
September 16, 2020
CUP-2020-0012
Page 6
6) The Tustin Police Department has reviewed the application, and has no
immediate concerns.
B. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the
California Code of Regulations (Guidelines for the California Environmental Quality
Act).
Staff recommends that the Zoning Administrator adopt Zoning Administrator Action No. 20-
007 approving CUP-2020-0012 to authorize the sale of alcoholic beverages for on-site
consumption in conjunction with the existing restaurant establishment located at 13501
Newport Avenue.
" S"av.
Mary Salman
Code Enforcement Officer
Attachments: A. Location Map & Land Use Fact Sheet
B. Submitted Plans
C. Zoning Administrator Action No. 20-007
DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40
ATTACHMENT A
LOCATION MAP
LAND USE FACT SHEET
DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40
LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT (CUP) 2020-0012
2. LOCATION: NORTH CORNER OF IRVINE BOULEVARD AND NEWPORT AVENUE
INTERSECTION (PLAZA LAFAYETTE)
3. ADDRESS: 13051 NEWPORT AVE
4. LOT: LOT 10, TRACT 802 5. APN: 401-221-16
6. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY:
N/A
7. SURROUNDING LAND USES:
NORTH: RESIDENTIAL
SOUTH (ACROSS NEWPORT AVE & IRVINE BLVD INTERSECTION): COMMERCIAL
EAST (ACROSS NEWPORT AVE.): COMMERCIAL
WEST: COMMERCIAL & PROFESSIONAL
8. SURROUNDING ZONING DESIGNATION:
NORTH: UNINCORPORATED COUNTY OF ORANGE/MULTI-FAMILY RESIDENTIAL
SOUTH: CENTRAL COMMERCIAL (C2)
EAST: RETAIL COMMERCIAL (Cl)
WEST: SPECIFIC PLAN 4 (SP 4)/ PROFESSIONAL DISTRICT (PR)
9. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH: NOT APPLICABLE
SOUTH: COMMUNITY COMMERCIAL (gCj
EAST: COMMUNITY COMMERICIAL QCJ
WEST: PROFESSIONAL OFFICE (PO)
10. SITE LAND USE:
A. EXISTING: COMMERCIAL PROPOSED: NO CHANGE
B. GENERAL PLAN: QCJ PROPOSED: NO CHANGE
C. ZONING: (C2) PROPOSED: NO CHANGE
1 of 2
DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40
DEVELOPMENT FACTS:
NO CHANGE TO EXISTING DEVELOPMENT
11. LOT AREA: 13,068 S.F. 10.3 ACRES
12. TOTAL BUILDING AREA: 12,233 SQUARE FEET
13. PARKING: 229 PARKING STALLS
13. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY(I.E. SPECIAL STUDY
ZONES, EASEMENTS, ETC.) N/A
2of2
DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40
ATTACHMENT B
SUBMITTED PLANS
DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40
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Taste Changan Restaurant
13051 Newport Avenue, Tustin, CA
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DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40
Taste Changan Restaurant
13051 Newport Avenue, Tustin, CA
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DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40
ATTACHMENT C
ZONING ADMINISTRATOR ACTION NO. 20-007
DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40
ZONING ADMINISTRATOR ACTION 20-007
CONDITIONAL USE PERMIT 2020-0012
13051 NEWPORT 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) 2019-0012 was filed
by Steve Rawlings of Rawlings Consulting requesting authorization for on-site
alcoholic beverage sales in conjunction with a new bona fide restaurant (Taste
Changan) located at 13051 Newport Avenue.
B. That the proposed use is consistent with the Community Commercial General
Plan land use designation which provides for the establishment of a variety of
commercial uses. In addition, the project has been reviewed for consistency with
the Air Quality Sub-Element of the City of Tustin's General Plan and has been
determined to be consistent with the Air Quality Sub-Element.
C. That pursuant to the Central Commercial (C2) zoning district, onsite alcoholic
beverage sales establishments are allowable subject to the provisions contained
within Tustin City Code (TCC) Section 9271(dd) and Planning Commission
Guidelines.
D. That pursuant to TCC Sections 9299b(3)(g) and 9299(b) the Zoning
Administrator has the authority to consider requests for on-site alcoholic
beverage sales licenses for restaurants.
E. That a public hearing was duly called, noticed, and held for CUP 2020-0012 on
September 16, 2020, by the Zoning Administrator.
F. That the establishment, maintenance, and operation of the on-site alcoholic
beverage sales, in conjunction with a 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 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 (the City) in
that:
1) The proposed on-site sale of alcoholic beverages, in conjunction with a
restaurant establishment, is allowed within the C2 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) As conditioned, the proposed on-site consumption of beer, wine, and
distilled spirits is consistent with the Alcoholic Beverage Sales
DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40
Zoning Administrator Action 20-007
CUP 2020-0012
Page 2
Establishment Guidelines as adopted by the Planning Commission on
March 13, 2018, and the TCC Section 9271(dd).
4) The on-site consumption of alcoholic beverages would be in conjunction
with a restaurant use where food will be served at all times when alcoholic
beverages are served.
5) No expansion of the existing restaurant use is proposed; therefore, no parking
impacts are anticipated.
6) 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).
II. The Zoning Administrator hereby approves CUP 2020-0012 authorizing the sale of
alcoholic beverages for onsite consumption in conjunction with an existing 7,722
square foot restaurant (Taste Changan) located at 13051 Newport 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 September, 2020.
JUSTINA L. WILLKOM
ZONING ADMINISTRATOR
VERA TISCARENO
RECORDING SECRETARY
DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40
Zoning Administrator Action 20-007
CUP 2020-0012
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, VERA TISCARENO, 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. 20-007 passed and adopted at a regular meeting of the Tustin Zoning Administrator,
held on the 16th day of September, 2020.
VERA TISCARENO
RECORDING SECRETARY
DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40
EXHIBIT A
ZONING ADMINISTRATOR ACTION 20-007
CONDITIONAL USE PERMIT 2020-0012
CONDITIONS OF APPROVAL
13051 NEWPORT AVENUE
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped September 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 modifications 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 (12) months of the date of this Exhibit. Time extensions may
be granted if a written request and associated fees are received by the
Community Development Department within thirty (30) days prior to
expiration.
(1) 1.4 Approval of Conditional Use Permit(CUP)2020-0012 is contingent upon the
applicant and property owner signing and returning to the Community
Development Department a notarized "Agreement to Conditions Imposed"
form and the property owner signing and recording with the County Clerk-
Recorder a notarized "Notice of Discretionary Permit Approval and
Conditions of Approval'form. The forms shall be established by the Director
of Community Development, and evidence of recordation shall be provided
to the Community Development Department.
(1) 1.5 Failure to comply with conditions of approval, of the establishment creates
undue burden to City resources, or if the CUP is abandoned for a twelve
(12) month period, these circumstances shall be grounds for revocation of
the CUP.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTION
DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40
Zoning Administrator Action 20-007
Exhibit A
Page 2
(1) 1.6 Any transfer of ownership of the establishment and/or operator shall
require the new owner and/or operator to sign and return an "Agreement
to Conditions Imposed" form provided by the Community Development
Department. Failure to do so would be a basis for revocation proceeding.
(1) 1.7 Any violation of any of the conditions imposed is subject to the issuance of
an Administrative Citation pursuant to TCC Section 1162(a).
(1) 1.8 CUP 2020-0012 may be reviewed on an annual basis, or more often if
necessary, by the Director of Community Development. The Director of
Community Development shall review the use to ascertain compliance
with conditions of approval. If the use is not operated in accordance with
CUP 2020-0012, or is found to be a nuisance or negative impacts are
affecting the surrounding tenants or neighborhood, the Director of
Community Development shall impose additional conditions to eliminate
the nuisance or negative impacts, or may initiate proceedings to revoke
the CUP.
(1) 1.9 As a condition of approval of CUP 2020-0012, 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 the defense
of any such action under this condition.
(1) 1.10 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
ordinance.
(1) 1.11 Approved uses shall operate within all applicable State, County, and TCC.
Any violations of the regulations of the State Department of Alcohol
Beverage Control as they pertain to the subject location, or of the City of
Tustin, as they relate to the sale of alcoholic beverages, may result in the
revocation of the subject CUP, as provided for the TCC.
(1) 1.12 Applicants shall obtain the appropriate license from the State Department
of Alcohol Beverage Control for the type of alcoholic sales authorized for
the site. A copy shall be provided to the City prior to operating the
alcoholic sales.
DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40
Zoning Administrator Action 20-007
Exhibit A
Page 3
(1) 1.13 All managers and employees selling alcoholic beverages shall undergo
and successfully complete a certified training program in responsible
methods and skills for selling alcoholic beverages. The State Department
of Alcohol Beverage Control 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) 1.14 Business operations shall be in a manner which does not create a public
or private nuisance. Any such nuisance must be abated immediately
upon notice by the City.
(1) 1.15 If requested by the Tustin Police Department, businesses shall install and
maintain a video surveillance system to monitor all doors, public area of
the premises and parking areas and shall make the video available to the
Tustin Police Department. Electronic copies of videos shall be made
available to the Tustin Police Department within forty-eight (48) hours of
the request. Digital recording shall be made available for viewing on-
scene upon request by a Police Officer. The business shall retain video
surveillance for one (1) month. All video surveillance cameras must
record in color, with digital recording to DVR and able to record in low-
light.
(1) 1.16 No sexually oriented business shall be conducted on the premises without
approval by the City in accordance with the TCC.
(1) 1.17 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) 1.18 All litter shall be removed from the exterior areas around the premises
including adjacent to public sidewalk area and parking areas, no less
frequently than once each day that the business is open.
DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40
Zoning Administrator Action 20-007
Exhibit A
Page 4
(1) 1.19 All signs shall comply with the Tustin Sign Code and the following:
a. 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 which are clearly
visible to the exterior.
b. Permissible window displays must be kept to a minimum for
maximum visibility and shall not exceed twenty-five (25) per cent of
window coverage.
c. Except for restaurants, the applicant shall post a "NO LOITERING'
sign prohibiting loitering on the exterior of the premises.
Signs shall be posted in a conspicuous space at all entrances/exits of the
premises which shall state, "NO ALCOHOLIC BEVERAGES BEYOND
THIS POINT."
USE RESTRICTIONS
(1) 2.1 The authorization to serve alcoholic beverages onsite is subject to the use
remaining as a restaurant. Any change to the use shall require review and
approval by the Director of Community Development. This approval
authorizes Type 47 on-site beer, wine and distilled spirit sales in conjunction
with a bona fide public eating place. Any changes and/or upgrades to the
ABC License shall be reviewed and approved by the Director of Community
Development.
(1) 2.2 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.
(1) 2.3 The applicant or an employee of the licensee must be present to monitor all
areas of the establishment, including outdoor patios, during all times that
alcoholic beverages are being served or consumed.
(1) 2.4 Employees and contract security personal shall not consume any alcoholic
beverages during their work shift, except for product sampling for purposes
of employee education and about new products. Under no circumstances
may contract security personnel consume alcoholic beverages during their
work shift.
DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40
Zoning Administrator Action 20-007
Exhibit A
Page 5
(1) 2.5 Food must be served whenever the privileges of the on-sale license are
being exercised.
(1) 2.6 The applicant shall obtain the appropriate license from the State
Department of Alcohol Beverage Control 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) 2.7 Approved uses shall comply with all applicable State, County and the
TCC. Any violations of the regulations of State Department of Alcohol
Beverage Control as they pertain to the subject location, or of the City of
Tustin, as they relate to the sale of alcoholic beverages, may result in the
revocation of the subject CUP.
(1) 2.8 Outdoor and indoor restaurant seating is proposed for the new restaurant.
Modifications to the seating area may be considered by the Director of
Community Development if it is determined that no impacts to the
surrounding tenants or properties will occur.
(1) 2.9 All managers and employees selling alcoholic beverages shall undergo
(7) and successfully complete a certified training program in responsible
methods and skills for selling alcoholic beverages. The California
Department of Alcohol Beverage Control 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) 2.10 The applicant shall at all times utilize an age 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) 2.11 All persons serving alcoholic beverages within a restaurant establishment
must be eighteen (18) years of age or older and supervised by someone
twenty-one (21)years of age or older. The supervisor shall be present in the
same area as point of sale.
(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.
DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40
Zoning Administrator Action 20-007
Exhibit A
Page 6
(1) 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) 2.15 There shall be no special events sponsored by or involving an outside
(7) 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.
(1) 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) 2.17 There shall be no requirement for patrons to purchase a minimum number
of alcoholic drinks.
(1) 2.18 Games or contest requiring or involving consumption of alcoholic
beverages shall be prohibited.
(1) 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.
(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 police department, addressing at a minimum the
following items:
• 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.
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• 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
procedure should include a description of the procedure the server
would use to warn, or refuse to serve, the patron.
• Procedures for calling the police 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.
(7) 2.22 There shall be no window coverings or advertisements that reduce the
visibility inside of the business.
(1) 2.23 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) 2.24 All litter shall be removed from the exterior areas around the premises
including public sidewalk areas and parking areas, no less frequently than
once each day that the business is open.
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FEES
(1) 3.1 Within forty-eight (48) hours of approval of the subject project, the applicant
(5) 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
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.