HomeMy WebLinkAboutPC RES 4409 DocuSign Envelope ID: F9F08608-DCDA-4230-B87D-E42E06AED15C
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.
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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: F9F08608-DCDA-4230-B87D-E42E06AED15C
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
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Resolution No, 4409
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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.
DoouSigned by:
D327368D69BA43D,.
AMY MASON
i
DoauSigned by: Chairperson
ED46DA2823654A5,,.
JUSTINA L. WILLKOM
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, JUSTINA L. WILLKOM, the undersigned, hereby certify that 1 am the Planning I
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: Chu, Gallagher, Jha, Kozak, Mason (5)
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
i
k
CDoeuBigned by;0 �IXXF 4�Iw
ED45DA2623654A5,,,
JUSTINA L. WILLKOM
Planning Commission Secretary
i
DocuSign Envelope ID: F9F08608-DCDA-4230-B87D-E42E06AED15C
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 (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) BUILDING CODE (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTION
DocuSign Envelope ID: F9F08608-DCDA-4230-B87D-E42E06AED15C
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 fagade 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: F9F08608-DCDA-4230-B87D-E42E06AED15C
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: F9F08608-DCDA-4230-B87D-E42E06AED15C
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: F9F08608-DCDA-4230-B87D-E42E06AED15C
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: F9F08608-DCDA-4230-B87D-E42E06AED15C
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 forthe 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: F9F08608-DCDA-4230-B87D-E42E06AED15C
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: F9F08608-DCDA-4230-B87D-E42E06AED15C
Exhibit A
Resolution No. 4409
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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