HomeMy WebLinkAbout01 ZA AGENDA REPORT LA FAYETTE PLAZA DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40 f ITEM #I 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 W - t r 4 I 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 Avenue MY- W . -, ✓ + �, � .ti 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 Cn f ❑ ❑❑❑ "ICU C) U r"'a 4ROk ro - CQDICDQ ::T, Q Q Y +Y r i� Figure 2-Floor Plan 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. DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40 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. DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40 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 lu ° ju 08LZ6 VO'Nllfll Sz ar _ 3nVI?]OdM3N 690£6 F U o w 0 oFHvA9 - :zo a 'NOUVOOlioaroNd = 2 . j O 3 a g 9 NVONVHO 31S` i a '3WVN1oaro Hd m S a Baa =�N o H mmN rrrrrrr lo- z wok < - — 0m Z U a ori Se W Q O w01 V Q E —9M w n Z 00o - Q rn - Z0 < - Z CO W W �w LLLL 000.... J �'' �{ 0o.... . .LL ,.,.,.,.,. ...... _ ,� 4'I 0 OHO o o N N m�a�a aom om oo�oo 0000000000000 m `- •o ----- oz 0 0 Io �rrrrr� - - O °o s - 8 V 1�2 mm o�Hza .. DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40 lu ° 08LZ6 Vju �'NllSfll z m w z O „� _ =oo _ i` *y 3nV l?JOdM3N L90£L o � 'NOI1Vool lo3roHd Q Q ¢ o = _= a ^'• O \ Y o NVONVHO 31SVi �' a Y 3 <A 9 '3WVNlo3roHd H � D D 0000000 0 I N �w oC Q =w z Ti Ti p o O s O 00 � ®o cn LL LL Q o 0 0�O [if O 0 LL 0�O z z O U LU U) N DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40 Taste Changan Restaurant 13051 Newport Avenue, Tustin, CA Aerial Photo F �.7 �� �� � � , .k_ ,.r ,� ,# !q wap `,% � t ,r .8��• SL r �_i . • F. W, IMW Pr -� .� 1 t 7 _ ;. u, µ Nllai y Aerial Photo Close In r .77 IL im e DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40 Taste Changan Restaurant 13051 Newport Avenue, Tustin, CA Front of Store r AlA Front of the Store � 4 A( .*• - Earth 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. DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40 Zoning Administrator Action 20-007 Exhibit A Page 7 • 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. DocuSign Envelope ID:6E54B527-48EF-40DA-A13A-DAC9435B5D40 Zoning Administrator Action 20-007 Exhibit A Page 8 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.