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HomeMy WebLinkAboutZAA 18-006 ZONING ADMINISTRATOR ACTION 18-006 CONDITIONAL USE PERMIT 2018-00012 434 EL CAMINO REAL 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) 2018-00012 was filed by Leanne and Carlos Herrera of Zama Tea, requesting authorization for on-site ' alcoholic beverage sales for beer and wine (ABC License Type 41) in conjunction with a delicatessen/cafe located in a 1,200 square foot tenant space with approximately 584 square feet of outdoor seating area on property located at 434 EI Camino Real. B. The project site is located within the Downtown Commercial Core Specific Plan (DCCSP), Development Area 4 - Old Town (OT) land use designation, which provides for a variety of commercial uses, and is located within the Cultural Resources (CR) Overlay District. Concurrent with the adoption of the DCCSP, the City of Tustin General Plan was amended to update the Land Use Map to redesignate land uses within the Specific Plan area to "DCCSP-Downtown Commercial Core Specific Plan". In addition, the project has been reviewed for consistency with the Environmental Impact Report prepared for the DCCSP and is determined to be consistent with the Air Quality analysis contained therein. C. The proposed sale of on-site alcoholic beverages in conjunction with an existing delicatessen/cafe use is allowed within the DCCSP (OT) land use designation with the approval of a CUP pursuant to DCCSP Section 3.1, Table 3.1. The characteristics of the proposed use and hours of operation will be complimentary to other commercial uses in the vicinity. i i D. That a public hearing was duly called, noticed, and held for CUP 2018-00012 on October 16, 2018, by the Zoning Administrator. i E. That the establishment, maintenance and operation of selling alcoholic beverages for on- or off-site consumption or ancillary uses related thereto will not be detrimental to the health, safety, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property,or to the general welfare of the City of Tustin, in that: I 1) That the operational characteristics and features of the establishment such j as the hours of operation and outdoor dining, are appropriate for the location and type of use proposed in relation to surrounding areas and other similar uses serving alcoholic beverages. I I Zoning Administrator Action 18-006 CUP 2018-00012 Page 2 2) That the proposed establishment is not located within an over-concentrated area, a high crime area, and/or an area that is not conducive to the sales of alcoholic beverages as determined by the City of Tustin. 3) Pursuant to the DCCSP (OT) Commercial Permitted Use Table 3.1, alcoholic beverage sales for on-site consumption is allowed with approval of a CUP. 4) The sale of alcoholic beverages for on-site consumption can be authorized in conjunction with a delicatessen/cafe use in conformance with the City's Alcoholic Beverage Sales Establishment Guidelines as adopted by the Planning Commission on March 13, 2018, TCC Section 9252j3(c), and 9271 dd (as amended by City Council on September 4, 2018 by Ordinance 1493) and is a conditionally permitted use under the DCCSP. 5) The proposed on-site consumption of alcoholic beverages would be in conjunction with a delicatessen/cafe use where food will be served at all times when alcoholic beverages are served. 6) The delicatessen/cafe is located within a commercial building on EI Camino Real, a commercial corridor, where a variety commercial uses are located. The requested daily hours of operation between 8:00 a.m. to 10;00 p.m. are consistent with the characteristics of other commercial uses in the vicinity. 7) As conditioned, the use may be reviewed annually or more often and if the use is not operated in accordance with conditions of approval, the Community Development Department Director may impose additional conditions as deemed necessary. j i 8) As conditioned, the applicants would be required to comply with State j Department of Alcoholic Beverage Control Regulations, 9) The City's Police Department has reviewed the application and has no immediate concerns. F. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations(Guidelines for the Califomia Environmental Quality Act). i Il. The Zoning Administrator hereby approves CUP 2018-00012 authorizing an ABC Type i 41 License (beer and wine)for the sale of alcoholic beverages for on-site consumption in conjunction with a 1,200 square-foot restaurant (Zama Tea) and 584 square-foot outdoor seating area on property located at 434 EI Camino Real, subject to the conditions contained within Exhibit A, attached hereto. Zoning Administrator Action 18-006 CUP 201800012 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 16th day of October, 2018. ELIZABETH A. BINSACK ZONING ADMINISTRATOR VERA SCA 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 the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 18-006 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 161h day of October, 2018, VERA C RECORDING SECRETARY i l i Zoning Administrator Action 18-006 CUP 2018-00012 Page 4 EXHIBIT A ZONING ADMINISTRATOR ACTION 18-006 CONDITIONAL USE PERMIT 201800012 CONDITIONS OF APPROVAL 434 EL CAMINO REAL GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped October 16, 2018, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The 3 Director of Community Development may also approve minor modifications during plan check if such modifications are to be consistent with the provisions of the Tustin City Code (TCC) and other applicable codes. I (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, 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 is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit (CUP) 2018-00012 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed", which states that the property owner, applicant, operator, and/or tenant agrees to comply with all conditions imposed by the City of Tustin, 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. Failure to comply with conditions of approval, or if the establishment creates undue burden to City resources, or if the Conditional Use Permit is abandoned for a twelve (12) month period, these circumstances shall be grounds for revocation of the CUP. I Zoning Administrator Action 18-006 CUP 2018-00012 Page 5 (1) 1.5 Any transfer of ownership of the establishment andlor operator shall require the new owner and/or operator to sign and return an "Agreement to Conditions Imposed" form provided by the Community Development. Failure to do so would be a basis for revocation proceeding. (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). i (1) 1.7 CUP-2018-00012 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- 2018-00012,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-2018-00012, 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. i (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 ordinance. (1) 1.10 Approved uses shall operate within all applicable State, County, and TCC. Any violations of the regulations of the Department of Alcoholic Beverage Control 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 TGC. Zoning Administrator Action 18-006 CIDP 2018-00012 Page 6 USE RESTRICTIONS (1) 2.1 This approval authorizes a Type 41 ABC License (on-site beer and wine sales) in conjunction with a bona fide public eating place. The proposed on-site consumption of beer and wine must be consistent with the ABC requirements. Any changes to the ABC License shall be reviewed and approved by the Community Development Director. i (1) 2.2 The sale and consumption of alcoholic beverages in the outdoor restaurant seating area shall be restricted by and subject to any required State Alcoholic Beverage Control or other applicable license or permit governing the restaurant. Any outdoor restaurant seating area where alcoholic beverages are sold or consumed shall be enclosed by a border and shall be supervised at all times by an employee of the restaurant. No alcoholic beverages may be removed from the outdoor restaurant seating area, except to the interior of the restaurant. No alcoholic beverages may be served or consumed within any portion of the outdoor seating area when an approved ABC compliant barrier is not present. (1) 2.3 Authorization for on-site sales of alcohol in conjunction with the proposed primary use as a delicatessen/cafe is contingent upon the primary use as a delicatessen/cafe remaining at the subject site. At such time as the primary use is discontinued or no longer the primary use of the site, the use permit shall be deemed null and void. (1) 2.4 Business hours are limited to the following: Monday— Sunday 8:00 a.m. to 10:00 p.m. Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Operation of an outdoor delicatessen/cafe seating area shall be permitted only at such times as the main restaurant use is open. (1) 2.5 Food must be served whenever the privileges of the on-sale license are being exercised. Food service shall be available until one (1) hour before closing. i (1) 2.6 The applicant shall obtain the appropriate license from the State Department of 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. I i Zoning Administrator Action 18-006 CUP 2018-00012 Page 7 (1) 2.7 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 California Department of Alcoholic 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) 2.8 The applicant or an employee of the licensee must be present to monitor all areas of the establishment during all times that alcoholic beverages are being served or consumed. (1) 2.9 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) 2.10 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 consume alcoholic beverages during their work shift. (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. (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 (7) permit pursuant to TCC Chapter 2 Part 3, and shall comply with all of the standards contained therein. i Zoning Administrator Action 18-006 CUP 2018-00012 Page 8 (1) 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. (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. i (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 Police Department. (7) 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 If requested b the Tustin Police Department, businesses shall install and Y P 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 Police Department. Electronic copies of videos shall be made available to the Police Department within forty-eight (48) hours of 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. i a l i i i i Zoning Administrator Action 18-006 CUP 2018-00012 Page 9 (1) 2.22 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 t number, etc. and the list shall current and accurate. f • 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 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) 2.23 "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. t (7) 2.24 There shall be no window coverings or advertisements that reduce the f visibility inside of the business. 11f t E l Zoning Administrator Action 18-006 CUP 2018-00012 Page 10 (1) 2.25 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 I beverages. No interior displays of alcoholic beverages or signs which are clearly visible to the exterior. i • Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) per cent of window coverage. i • Except for restaurants, the applicant shall post "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." (1) 2.26 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) 2.27 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. (1) 2.28 As part of the State-required Organics Diversion Program, the applicant shall provide collection receptacles within the kitchen area, and contract haul service, for organic waste. (1) 2.29 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the TCC. 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 I payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to 3 enable the City to file the appropriate environmental documentation for the j 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.