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HomeMy WebLinkAbout02 ROMA D'ITALIA PC REPORT DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 AGENDA REPORT ITEM#2 MEETING DATE: NOVEMBER 24, 2020 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2019-00016; DESIGN REVIEW 2019- 00008 APPLICANT: PROPERTY OWNER: ROMA D'ITALIA COREA PROPERTIES, LLC 611 EL CAMINO REAL PO BOX 3831 TUSTIN, CA 92780 TUSTIN, CA 92781-3831 LOCATION: 611 EL CAMINO REAL GENERAL PLAN: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP) ZONING: SP-12 (DCCSP) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1, CLASS 3) PURSUANT TO SECTIONS 15301 AND 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. A d y4 yt. e� 611 EI Camino Real DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 PC Report November 24, 2020 CUP 2019-00016; DR 2019-00008 Page 2 REQUEST: A REQUEST FOR EXTERIOR MODIFICATIONS TO AN OUTDOOR PATIO FOR DINING AT AN EXISTING RESTAURANT SITE, ON-SITE ALCOHOLIC BEVERAGE SALES WITHIN THE OUTDOOR DINING PATIO AND TO SATISFY THE REQUIRED ON-SITE PARKING NOT PROVIDED ON SITE THROUGH THE OLD TOWN PARKING EXCEPTION PROGRAM. RECOMMENDATION That the Planning Commission adopt Resolution No. 4409 approving Design Review (DR) 2019-00008 for architectural, site and landscape design in conjunction with an outdoor dining patio, CUP 2019-00016 to authorize on-site alcoholic beverage sales within the outdoor dining patio, authorize a parking exception of twenty-one (21) parking spaces, and a waiver of the annual parking exception fees for the property located at 611 EI Camino Real. APPROVAL AUTHORITY Pursuant to TCC Sections 9272 and 9277, DR approval is required for changes to the exterior of existing structures and for outdoor restaurant seating areas. On July 3, 2018 the City Council adopted the DCCSP (Ordinance 1497). Pursuant to the DCCSP, on-site alcoholic beverage sales in conjunction with a restaurant is subject to the approval of a CUP and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments (Tustin City Code (TCC) 9271dd and Planning Commission Resolution No. 4360). Pursuant to the DCCSP Section 6.3.3.2A.1.b, the proposed project requires approval from the Planning Commission to satisfy a portion of required parking spaces not provided on-site through the Parking Exception Program. BACKGROUND Site and Surrounding Properties The property is zoned SP-12 (DCCSP) and the General Plan land use designation is DCCSP. The zoning and land use designation allow for a variety of retail, professional office, service commercial, and other uses which support the land use. The subject property is located on an approximately 10,428 square foot lot and improved with a restaurant, retail space and parking lot (Figure 1). Properties to the north, south and west also lie within the DCCSP while properties to the east are residentially zoned PC-RES (Planned Community Residential). DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 PC Report November 24, 2020 CUP 2019-00016; DR 2019-00008 Page 3 tsm Oak JA 9 M � - i JI k qin + - N Figure 1: Aerial Site Photograph DISCUSSION Design Review for Outdoor Dining The proposed outdoor restaurant seating area is located in front of the existing restaurant, along EI Camino Real and with proposed modifications, would be approximately 605 square feet with tables and chairs for restaurant patrons (Figure 2 — Floor Plan). The applicant proposes to install a new garden wall enclosure of approximately fifty-nine (59) lineal feet and thirty-six (36) inches in height, a new free-standing canopy, and flooring. Landscaped planters around the perimeter of the outdoor dining area would be updated as part of the project. The applicant also requests approval of the use of pull/down sun/shade screens to be used when required due to weather conditions. As shown in the design sketches in Figures 3 and 4, the proposed canopy would be framed with wrought iron and fixed fabric panels and stand approximately eleven (11) feet in height. The outdoor dining patio would be enclosed with a 36-inch height wall with precast stacked stone material, wrought iron insets and wall caps to coordinate with the stacked stone. Low level lighting and planting containers would be placed on top of the wall columns which would include drip irrigation to maintain the plant material. DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 PC Report November 24, 2020 CUP 2019-00016; DR 2019-00008 Page 4 Indoor Dining Parking _� ,• �c-� 1. I F�"`d �� �, �,' tit. J Wl���f� �Ai" F Ld. E6"� I F yI XX t,2Z % J r CNS' ( ( Y . pr �pnP rh�2.c��E G L 'I '•.`: sparl� �aA� Figure 2: Floor Plan �y orr:�uc1 CA ` a "rl ,r I r= T _ � gaal-a9 �LF}/x of `^fir 10•&-I� Figure 3: Proposed Font Elevation DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 PC Report November 24, 2020 CUP 2019-00016; DR 2019-00008 Page 5 Wf Figure 4: Proposed Side/Entry Elevation 'o b vies w „,n.'.r,, Figure 4: Proposed Exterior Materials DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 PC Report November 24, 2020 CUP 2019-00016; DR 2019-00008 Page 6 Alcoholic Beverage Sales Except as otherwise provided, no establishment may sell alcoholic beverages for either on- or off-site consumption unless a CUP has been approved. The sale of alcoholic beverages for on-site consumption can be authorized in conformance with TCC Section 9271(dd) and the City's Alcoholic Beverage Sales Establishment Guidelines (Guidelines) as adopted by the Planning Commission on March 13, 2018. While the applicant currently holds a Type 47 On Sale General — Eating Place alcohol license which authorizes the sale of beer, wine and distilled spirits for consumption on the licensee's premises, no CUP was approved for the outdoor patio area. Approval of CUP 2019-00016 would bring the outdoor patio dining into compliance with TCC 9271(dd) and the Guidelines for on-site sales and consumption of alcoholic beverages. As proposed and conditioned, food would be sold on the outdoor dining area during all hours the restaurant is open for business. Hours of Operation The applicant is proposing hours of operation for the outdoor dining area to coincide with hours of operation for the restaurant which are proposed to be Sunday through Thursday, 11:00 AM to 11:00 PM, and Friday and Saturday from 11:00 AM to 12:00 Midnight. These hours would be consistent with the characteristics of other restaurants in the vicinity and would be consistent with outdoor restaurant seating requirements detailed in TCC Section 9277. Parking Over the years, Roma D'Italia has undergone many improvements mainly due to their successful operation of the restaurant. Some of the completed improvements include expansion of the restaurant to adjacent tenant spaces and increased in the restaurant seating capacity in the 1980s. However, due to the size of the lot and the limited available parking spaces on-site, the expansion of the restaurant and the increase in the seating capacity over the years created a parking deficiency under the TCC. Pursuant to the TCC, the property as currently exists, requires a total of fifty-nine (59) parking spaces and the site is improved with only thirty-eight (38) on-site parking spaces as follows: Use Parking Ratio Parking Parking Surplus/ Required Provided (Deficient) Restaurant(5,412 sqft.) 1 space/100 sqft. 54.44 Retail (1,080 sqft) 1 space/250 sqft. 4.32 Total 58.44 or 59 38 (21) With the adoption of the DCCSP, projects within the area are now allowed to participate in the Parking Exception Program and pay fees for parking spaces not provided on-site. Roma D'Italia is located within the DCCSP; thereby, is eligible to participate in the program DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 PC Report November 24, 2020 CUP 2019-00016; DR 2019-00008 Page 7 and pay fees for parking spaces that are not provided on-site. The current annual fee per space is sixty dollars ($60.00). The applicant wishes to bring the site into compliance by participating in the Parking Exception Program. As such, the applicant would be subject to an annual fee of $1,260.00 per year, for the twenty-one (21) parking spaces not provided onsite. In the spirit to promote and encourage outdoor dining and revitalization of Old Town Tustin, staff recommends that the Planning Commission authorize the participation into the Parking Exception program and grant a waiver of the fees subject to the findings contained below and in the proposed Resolution No. 4409. FINDINGS In determining whether to approve the DR for outdoor dining patio and CUP for onsite sale of alcoholic beverages on an outdoor dining patio, the Planning Commission must determine whether it can be found that the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole and that the proposed use will not 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 project includes exterior modifications to an existing outdoor dining patio to include the addition of a new garden wall enclosure of approximately fifty-nine (59) lineal feet and thirty-six (36) inches in height, a new free-standing canopy, and flooring for outdoor seating. The proposed remodel and modification of the outdoor restaurant seating area is 605 square feet and is compatible with and will be an enhancement to the overall design of the restaurant site. 2. The proposed remodel and modification of the outdoor restaurant seating area is compatible with and will be an enhancement to the overall design of the restaurant site. 3. The restaurant establishment use is located within the DCCSP, a commercial corridor along EI Camino Real, which allows a broad range of commercial uses and development. The proposed hours of operation are Sunday through Thursday 11:00 AM to 11:00 PM and Friday and Saturday from 11:00 AM to 12:00 midnight and would be consistent with the characteristics of restaurant uses, and hours of operation of the restaurant would be similar to other restaurants in the vicinity. 4. The characteristics of the business and hours of operation for the proposed restaurant would be compatible with the existing businesses in the vicinity. DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 PC Report November 24, 2020 CUP 2019-00016; DR 2019-00008 Page 8 5. The proposed sale of on-site beer, wine and distilled spirits for onsite consumption in conjunction with a restaurant with outdoor dining is allowed within the DCCSP with the approval of a CUP. 6. As conditioned, the proposed on-site consumption of beer, wine and distilled spirits is consistent with TCC Section 9271(dd) and the City's Alcoholic Beverage Sales Establishment Guidelines (Guidelines) as adopted by the Planning Commission on March 13, 2018. 7. As conditioned, the on-site consumption of alcoholic beverages on an outdoor dining patio would be in conjunction with a restaurant establishment where food will be served at all times when alcoholic beverages are served. 8. The City's Police Department has reviewed the application and has no concerns. 9. The parking exception annual fees of Twelve hundred sixty dollars ($1,260.00) shall be waived based upon the following findings: a. General Plan Land Use Element Goal 10 encourages pedestrian oriented environment and a diverse mix of goods, services, and uses in Old Town. The proposed project would create a significant presence on EI Camino real and would encourage pedestrian oriented environment consistent with Goal 10 of the Land Use Element. b. On July 3, 2018, the City Council adopted the DCCSP, which allows for projects to pay for a Parking Exception fee for each parking space not provided on-site. This policy was intended to assist existing businesses, promote new development and revitalization of the Old Town due to physical limitation of the parcels and/or parcel size. c. The project site has been occupied by Roma D'Italia for over 50 years. Due to the physical limitations of the parcel and the building/site configuration, it is difficult to create new parking spaces on the property. Supporting the proposed project, by waiving the fees, would bring the site into compliance with the TCC. d. The City's completed parking study in conjunction with the adoption of the DCCSP identifies strategies to better utilize existing parking facilities and recommends parking improvements to support economic redevelopment of Old Town Tustin. The study finds that the existing parking supply is generally adequate and not heavily utilized in many areas within the Parking Overlay District. In addition, on February 19, 2008, the City Council directed staff to pursue development and implementation of additional parking management techniques to encourage more economic development in Old Town. The waiver of fees to support the proposed project is consistent with the general recommendations made in the study to make better use of DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 PC Report November 24, 2020 CUP 2019-00016; DR 2019-00008 Page 9 available parking for present and future uses and to promote activity level in Old Town consistent with the City Council direction. e. The fee waiver recommended for this project applies only to this project site. Subsequent projects within the DCCSP shall be considered on a case-by- case basis and shall be based on their own merit. CONCLUSION Accordingly, Staff recommends the Planning Commission adopt Resolution No. 4409 (Attachment D) approving DR 2019-00008 and CUP 2019-00016 to allow proposed exterior modifications to provide a 605 square foot outdoor dining patio at an existing restaurant site, on-site alcoholic beverage sales within the outdoor dining patio, and to satisfy required onsite parking (twenty-one (21) parking spaces) through the Old Town Parking Exception Program. DOCUSig-d by: D...Signed by: 'ISDF594829AC4A0... ED45DA2623B54A5... Elaine Dove, AICP, RLA Justina L. Willkom Senior Planner Community Development Director Attachments: A. Location Map B. Land Use Application Fact Sheet C. Submitted Plans D. Resolution No. 4409 DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 ATTACHMENT A LOCATION MAP DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 300-, 500-, and 1000-ft Radius Map 74 r 300ft > Z, 500ft r' r 1000ft ...•-il.. 2d.R a� 100 � �a�rnavgn ''I E 17.. r - Z � V �a la"I fi� T I ' n Location Map 611 EI Camino Real DR-2019 — 00008 CUP 2019-00016 DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 ATTACHMENT B LAND USE APPLICATION FACT SHEET DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): DR-2019-00008/CUP 2019-00016 2. LOCATION: East side of EI Camino Real, South of 6th Street 3. ADDRESS: 611 EI Camino Real 4. APN(S): 401-642-14 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: SUB-10-002; LLA 2010-01 merging parcel 401-642-01 (.34 acres) and 401-642-02 (.33 acres); C10-0040 for interior/exterior alternations 6. SURROUNDING LAND USES: NORTH: VACANT LAND SOUTH: COMMERCIAL USES EAST: RESIDENTIAL WEST: COMMERCIAL USES 7. SURROUNDING ZONING DESIGNATION: NORTH, SOUTH AND WEST: SPA 2 EAST: PC-RES 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH, SOUTH, WEST: DCCSP EAST: HCR 9. SITE LAND USE: A. EXISTING: COMMERCIAL (RESTAURANT) B. PROPOSED: NO CHANGE C. GENERAL PLAN: DCCSP PROPOSED GP: NO CHANGE D. ZONING: SP-12 PROPOSED ZONING: NO CHANGE DEVELOPMENT FACTS: EXTERIOR MODIFICATIONS; OUTDOOR DINING WITH ALCOHOLIC BEVERAGE SERVICE AND PARKING EXCEPTION PROGRAM 10. LOT AREA: 10,428 SQUARE FEET APPROX. 11. PARKING: THIRTY EIGHT (38) PARKING SPACES (INCLUDING ACCESSIBLE SPACES) 12. 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O 00 N Q V C _ O F2 N N O O O C � Q v � 0 �p V Ir i rr O w d � 0 ol rn 5 } g 5 $ 0 \ CL 10 00 ul \ / \ _ / = j y / \ \ 0 0 f \ 5\gr.nƒ \ \ j \ S . 0 9 / \ } y $ LU5 Fl- I-- \ 0 \ k y ` \ \ k � & » Li \ ( f = % \ \ \ § 7 \ / 5 S U') j \ 3 \ ® / ( a » A � . . w . ± 5 ` � 0 \ / j \ 5 \ _ 3 & Rua m /) f . g � \\ \ DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 ATTACHMENT D RESOLUTION NO. 4409 DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 RESOLUTION NO. 4409 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2019-00016 AND DESIGN REVIEW 2019-00008, FOR EXTERIOR MODIFICATIONS TO OUTDOOR PATIO FOR DINING, ON-SITE ALCOHOLIC BEVERAGE SALES WITHIN THE OUTDOOR DINING PATIO, AUTHORIZE A PARKING EXCEPTION OF TWENTY-ONE (21) PARKING SPACES, AND A WAIVER OF THE ANNUAL PARKING EXCEPTION FEES FOR THE PROPERTY LOCATED AT 611 EL CAMINO REAL. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2019-00016 and Design Review (DR) 2019-00008 was filed by Roma d'Italia, applicant, for exterior modifications to outdoor patio to provide a 605 square foot outdoor dining patio, onsite alcoholic beverage sales within the outdoor dining patio and to satisfy required onsite parking (twenty-one (21) parking spaces) not provided on-site through the Old Town Tustin Parking Exception Program located at 611 EI Camino Real. B. That the subject property is located within the Downtown Commercial Core Specific Plan (DCCSP) and Downtown Commercial Core Specific Plan (DCCSP) land use designation where the proposed uses are authorized by the Downtown Commercial Core Specific Plan. C. That a public hearing was duly called, noticed, and held for said application on November 24, 2020, by the Planning Commission. D. That the location, size, architectural features, and general appearance of the proposed project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole as follows: 1. The project includes exterior modifications to an existing outdoor dining patio to include the addition of a new garden wall enclosure of approximately fifty-nine (59) lineal feet and thirty-six (36) inches in height, a new free-standing canopy, and flooring for outdoor seating. The proposed remodel and modification of the outdoor restaurant seating area is 605 square feet and is compatible with and will be an enhancement to the overall design of the restaurant site. DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 Resolution No. 4409 Page 2 2. The proposed remodel and modification of the outdoor restaurant seating area is compatible with and will be an enhancement to the overall design of the restaurant site. 3. The restaurant establishment use is located within the DCCSP, a commercial corridor along EI Camino Real, which allows a broad range of commercial uses and development. The proposed hours of operation are Sunday through Thursday 11:00 AM to 11:00 PM and Friday and Saturday from 11:00 AM to 12:00 midnight and would be consistent with the characteristics of restaurant uses, and hours of operation of the restaurant would be similar to other restaurants in the vicinity. 4. The characteristics of the business and hours of operation for the proposed restaurant would be compatible with the existing businesses in the vicinity. E. That the establishment, maintenance, and operation of the on-site alcoholic beverage sales in the outdoor patio dining area 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 as follows: 1. The proposed sale of on-site beer, wine and distilled spirits for onsite consumption in conjunction with a restaurant with outdoor dining is allowed within the DCCSP with the approval of a CUP. 2. As conditioned, the proposed on-site consumption of beer, wine and distilled spirits is consistent with Tustin City Code (TCC) Section 9271(dd) and the City's Alcoholic Beverage Sales Establishment Guidelines (Guidelines) as adopted by the Planning Commission on March 13, 2018. 3. As conditioned, the on-site consumption of alcoholic beverages on an outdoor dining patio would be in conjunction with a restaurant establishment where food will be served at all times when alcoholic beverages are served. 4. The City's Police Department has reviewed the application and has no concerns. F. That in the spirit to promote and encourage outdoor dining and revitalization of Old Town Tustin, the Planning Commission authorizes the participation of DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 Resolution No. 4409 Page 3 the project into the Parking Exception program and grant a waiver of the fees based upon the following findings: 1. General Plan Land Use Element Goal 10 encourages pedestrian oriented environment and a diverse mix of goods, services, and uses in Old Town. The proposed project would create a significant presence on EI Camino Real and would encourage pedestrian oriented environment consistent with Goal 10 of the Land Use Element. 2. On July 3, 2018 the City Council adopted the DCCSP, which allows for projects to pay for a Parking Exception fee for each parking space not provided on-site. This policy was intended to assist existing businesses, promote new development and revitalization of the Old Town due to physical limitation of the parcels and/or parcel size. 3. The project site has been occupied by Roma D'Italia for over 50 years. Due to the physical limitations of the parcel and the building/site configuration, it is difficult to create new parking spaces on the property. Supporting the proposed project, by waiving the fees, would bring the site into compliance with the TCC. 4. The City's completed parking study in conjunction with the adoption of the DCCSP identifies strategies to better utilize existing parking facilities and recommends parking improvements to support economic redevelopment of Old Town Tustin. The study finds that the existing parking supply is generally adequate and not heavily utilized in many areas within the Parking Overlay District. In addition, on February 19, 2008, the City Council directed staff to pursue development and implementation of additional parking management techniques to encourage more economic development in Old Town. The waiver of fees to support the proposed project is consistent with the general recommendations made in the study to make better use of available parking for present and future uses and to promote activity level in Old Town consistent with the City Council direction. 5. The fee waiver recommended for this project applies only to this project site. Subsequent projects within the DCCSP shall be considered on a case-by-case basis and shall be based on their own merit. G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) and 15303 (Class 3) and of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves DR 2019-00008 and CUP 2019-00016, for an exterior modification to outdoor patio for dining, onsite alcoholic beverage sales DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 Resolution No. 4409 Page 4 within the outdoor dining patio, authorize a parking exception of twenty-one (21) parking spaces, and a waiver of the annual parking exception fees for the property located at 611 EI Camino Real. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 24th day of November, 2020. AMY MASON Chairperson JUSTINA L. WILLKOM Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, JUSTINA L. WILLKOM, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4409 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24TH day of November, 2020. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2019-00016 DESIGN REVIEW 2019-00008 611 EL CAMINO REAL GENERAL (1) 1.1 The proposed project shall substantially conform to the submitted plans for the project date stamped November 24, 2020, on file with the Community Development Department, as herein modified, or as modified by the Planning Commission 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) or other applicable regulations. (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 Approval of CUP 2019-00016 and DR 2019-00008 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 fee are received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of CUP 2019-00016 and DR 2019-00008 is contingent upon the applicant 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 As a condition of approval of CUP 2019-00016 and DR 2019-00008, 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 SOURCE CODES (1) STANDARD CONDITION (6) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 Exhibit A Resolution No. 4409 Page 2 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 applicants 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. (1) 1.6 All new and future on-site signage, including permanent and temporary signs/banners, shall comply with the Tustin City Sign Code. OUTDOOR RESTAURANT SEATING AREA (1) 2.1 The outdoor seating area shall comply with the approved plans and regulations and requirements set forth in TCC Section 9277 (Outdoor Restaurant Seating Areas). Any significant modifications to the outdoor seating area must be approved by the Community Development Director. (4) 2.2 The 605 square-foot outdoor restaurant seating area located in front of the existing restaurant, include outdoor restaurant seating area with tables and chairs for restaurant patrons, a new garden wall enclosure of approximately fifty-nine (59) lineal feet and thirty-six(36) inches in height, a new free-standing canopy, flooring, and facade modifications including new stone veneer. (4) 2.3 Pull-down sun/shade screens shall be allowed on the outdoor seating area when weather required. (4) 2.4 Posts for the proposed canopy shall be incorporated into the patio wall or within a pilaster, wall column, or other permanent structure. (1) 2.5 The hours of operation for the outdoor seating area for the restaurant shall be consistent with the restaurant hours of operation but in no event shall operate before 6:00 AM nor after 11:00 PM. If these hours of operation are found to be a nuisance or negative impact to the surrounding tenants or neighborhood, the Community Development Director may restrict the hours of operation. Modifications to the hours of operation may be considered by the Community Development Director. (1) 2.6 Doors from the main restaurant to the outdoor restaurant seating area shall be self-closing. DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 Exhibit A Resolution No. 4409 Page 3 (1) 2.7 All outdoor restaurant seating areas shall comply with the City's Noise Ordinance. (1) 2.8 The applicant shall comply with all applicable federal, state, county and city laws and regulations concerning accessibility and nondiscrimination in the provision of services, and operation of the outdoor seating area shall not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. (1) 2.9 No outdoor keeping or storage of food or beverages shall be permitted. No open keeping or storage of used dishes, utensils or food scraps shall be permitted. Self-closing outside trash containers shall be provided to the satisfaction of the Community Development Department. All outdoor seating areas shall be cleaned on a continual daily basis. (1) 2.10 All litter shall be removed from the exterior areas around the premises including public sidewalk areas, alleys and parking areas, no less frequently than once each day that the business is open. (1) 2.11 The outdoor seating area shall not obstruct any fire exit, fire escape, or other required ingress or egress to any structure or property. (1) 2.12 Adequate lighting shall be provided to illuminate the outdoor seating area, subject to Community Development Department review and approval. ON-SITE ALCOHOLIC BEVERAGE SALES (1) 3.1 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) 3.2 Applicants shall obtain the appropriate license from the State Department of Alcoholic 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) 3.3 All managers and employees selling alcoholic beverages in the outdoor restaurant seating area 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 DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 Exhibit A Resolution No. 4409 Page 4 alcoholic beverage sales establishment and shall be presented upon request by a representative of the City of Tustin. (1) 3.4 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) 3.5 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 Police Department within 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. (1) 3.6 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) 3.7 All signs for the outdoor dining area 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. There shall be 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. Signs shall be posted in a conspicuous space at all entrances/exits of the premises which shall state, "NO ALCOHOLIC BEVERAGES BEYOND THIS POINT." d. This Condition 3.7 does not apply to Roma D'Italia's existing, non-conforming exterior sign. (1) 3.8 Authorization for on-site sales of alcohol in conjunction with the proposed use is contingent upon the use remaining at the subject site. At such time the use is discontinued or no longer shall the primary use of the site, the use permit shall be deemed null and void. DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 Exhibit A Resolution No. 4409 Page 5 (1) 3.9 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) 3.10 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) 3.11 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) 3.12 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) 3.13 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) 3.14 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. (1) 3.15 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) 3.16 There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (1) 3.17 Games or contest requiring or involving consumption of alcoholic beverages shall be prohibited. DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 Exhibit A Resolution No. 4409 Page 6 (1) 3.18 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) 3.19 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. (1) 3.20 The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, which has 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 be current and accurate. a. Procedures for handling obviously intoxicated persons. b. 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. c. 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). d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. 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. f. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 Exhibit A Resolution No. 4409 Page 7 (1) 3.21 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) 3.22 No sexually oriented business shall be conducted on the premises without approval by the City in accordance with the TCC. PLAN SUBMITTAL (1) 4.1 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, State, federal laws, and regulations as adopted by the City Council of the City of Tustin. *** 4.2 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 4.3 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (TCC Section 4351, et al) to recycle at least sixty five (65%) of the project waste material or the amount required by the California Green Building Standards Code. b. The applicant will be required to submit a $50.00 application fee and a cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $2,500, whichever is greater. In no event shall a deposit exceed $25,000. c. Prior to issuance of a permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". FEES (1) 5.1 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 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 DocuSign Envelope ID:608D9756-49A5-4EBE-A70E-843CEB372C30 Exhibit A Resolution No. 4409 Page 8 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. 5.2 Prior to the issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a) Building and Public Works permit fees