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HomeMy WebLinkAbout03 PC REPORT CASA DEL SOL DocuSign Envelope ID:23AD9777-B771-4D4B-9EC3-72073874DA2B • AGENDA REPORT ITEM 43 MEETING DATE: APRIL 27, 2021 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: DESIGN REVIEW (DR) 2021-0004, CONDITIONAL USE PERMIT (CUP) 2021- 0006, CUP 2021-0001 , AND CUP 2020-0018 APPLICANT: PROPERTY OWNER: JOSE AND TERESA HERNANDEZ THE DISTRICT AT TUSTIN LEGACY SOL DEL MEXICO, INC. VESTAR /KIMCO TUSTIN L.P. 12 REGENTS 2437 PARK AVENUE NEWPORT BEACH, CA 92660 TUSTIN, CA 92782 LOCATION: 2497 PARK AVENUE GENERAL PLAN: TUSTIN LEGACY SPECIFIC PLAN ZONING: SPECIFIC PLAN 1 - TUSTIN LEGACY SPECIFIC PLAN (SP-1) REQUEST: 1. DR 2021-0004 FOR THE PROPOSED REMODEL OF THE EXTERIOR FACADES AND OUTDOOR DINING AREA, CUP 2021-0006 TO ALLOW PAINTED GRAPHICS, AND CUP 2021-0001 TO AUTHORIZE LIVE MARIACHI ENTERTAINMENT IN CONJUNCTION WITH A RESTAURANT. 2. CUP 2020-0018: TO AUTHORIZE ON-SITE ALCOHOLIC BEVERAGE SALES IN CONJUNCTION WITH A RESTAURANT ESTABLISHMENT. .. . . . . . . . . . . . . . ... . . .. . . . . . . . . . . . . . C ASA DLL59LL DocuSign Envelope ID:23AD9777-B771-4D4B-9EC3-72073874DA2B PC Report April 27, 2021 DR 2021-0004, CU P 2021-0006, CU P 2021-0001 AN D CU P 2020-0018 Page 2 ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15301 , CLASS 1 . RECOMMENDATION: That the Planning Commission: 1 . Adopt Resolution No. 4425 for DR 2021-0004, CUP 2021-0006, and CUP 2021- 0001 , approving the remodel of the exterior facades and outdoor dining area, painted graphic murals and to authorize live Mariachi entertainment, respectively, in conjunction with a restaurant. 2. Adopt Resolution No. 4426, approving CUP 2020-0018 authorizing the establishment of on-site alcoholic beverage sales in conjunction with a restaurant establishment. APPROVAL AUTHORITY: The project site is located within the Tustin Legacy Specific Plan (SP-1) zoning district. Pursuant to the SP-1 Table 3-38 and Tustin City Code (TCC) Sections 9270a(e), and 9404b.4, the approval of CUPs is required for on-site alcoholic beverage sales, live entertainment, and painted graphics or murals, respectively. DR is required for site planning and design pursuant to TCC Section 9272a. Pursuant to TCC Section 9291c, the Planning Commission has the authority to review and take action on CUPs for painted graphics or murals, and to authorize live entertainment and on-site alcoholic beverage sales in conjunction with a restaurant establishment. TCC Section 9272 authorizes the Community Development Director to consider the DR application; however, since the proposal includes entitlement applications that require Planning Commission approval, DR 2021-0004 is being forwarded to the Planning Commission for concurrent consideration for site layout and building design. BACKGROUND AND DISCUSSION: Site and Surrounding Properties The project site is located within Planning Areas 16-19 of the SP-1 zoning district (Figure 1). The General Plan Land Use Element designation is Tustin Legacy Specific Plan, which provides opportunities fora mixture of activities such as retail, commercial services, and entertainment. The tenant space faces Park Avenue, northwest of District Drive, within the Promenade (Lifestyle Center) area of The District at Tustin Legacy. The Promenade area is a shopping and entertainment area with a mix of small retail tenants, boutiques, casual dining, full service restaurants and entertainment venues. Other major tenants in the Promenade area include the following: Planet Fitness, Bar Louie Restaurant, and AMC Theaters. DocuSign Envelope ID:23AD9777-B771-4D4B-9EC3-72073874DA2B PC Report April 27, 2021 DR 2021-0004, CU P 2021-0006, CU P 2021-0001 AN D CU P 2020-0018 Page 3 00 24N PaA Y r •• � m !'• A a of A"mw * - ; F dr ILI 41 y � ., mz. Jrl. ' a •yku ew Yk Figure 1: Aerial &Surrounding Zoning The areas northwest of The Promenade includes large retail businesses, such as Lowe's, Target, and Costco as well as restaurant uses and parking area to the west. The uses to the southwest, across Barranca Parkway, include office and light industrial businesses located in the City of Irvine. Project Summary Casa Del Sol Cocina Mexicana restaurant proposes to offer fine Mexican cuisine and would feature weekend live Mariachi entertainment. The Mariachi band, Mariachi Sol de Mexico, was founded by business owner, Jose Hernandez, and is a platinum selling and Grammy nominated Mariachi band. The project, located at 2497 Park Avenue, formerly The Auld Dubliner (Figure 1), consists of remodel of the exterior fagades, including new exterior paint, a painted mural graphics and new patio cover over the existing outdoor dining area facing Park Avenue. The project site is located within the SP-1 zoning district where restaurants, without drive- thrus, are permitted uses. The restaurant is approximately 4,772 square feet in size and has a main indoor dining area of approximately 1 ,843 square feet and an ancillary private dining room of 445 square feet. The total restaurant floor area will remain the same. The DocuSign Envelope ID:23AD9777-B771-4D4B-9EC3-72073874DA2B PC Report April 27, 2021 DR 2021-0004, CU P 2021-0006, CU P 2021-0001 AN D CU P 2020-0018 Page 4 outdoor dining area is 990 square feet and will also remain the same size, however a new patio cover will be added as part of the remodel. The proposed interior improvements include an expanded stage, updated bar, private dining room, waiting area, and updated restrooms. The interior of the restaurant would have a total of 49 tables, a total of 202 chairs and features a L-shaped bar area. The combined indoor and outdoor dining area is approximately 3,278 square feet. The applicant is also requesting a CUP to allow the sales of alcohol for on-site consumption (Type 47- on-sale general) and live (Mariachi) entertainment in conjunction with the restaurant use. The entertainer's stage will be located in the indoor dining area and would be utilized during dinner shows. ILII L3 Outd or Dining ,, N r•rL.fnr1_--�l'?a•yl"`. rL ,-�x1,�P._AlTlIfl`L�r..�T�,l-_-_k'J•.Y rr __ .7m1 Q fIV DININGw_ a ` 0,-k ROOM LA" rE DIF11N r��'�� ri_-�-m rS"..T,� 6�I FT SIStaJ I- 3 s _ I..l FYFY"YR I J KITCHEN AND«- i Cj�I�h1G�tC70M ----' -- BACK OF HOUSE jf IIIIIl AREA Kitchen/Stora EN R� _ I I V f;t•Y � I II II -- . _ u S -��V ® fi1 4NERALL 15T FLI]I]R PLVH �i w MENS -Will fl )RCI TROON� _T ;I � wa IWin - AREAArea RESTROOM I� �fl Figure 2: Floor Plan Design Review Casa Del Sol Cocina Mexicana is proposing to remodel the existing building that was previously occupied by another restaurant. The exterior is proposed to be repainted with a color scheme of white, neutral, and blue paint colors to provide a contemporary look. New colored tiling is proposed along the base of existing windows along the northeast and northwest elevations (Figures 3 & 4). DocuSign Envelope ID:23AD9777-B771-4D4B-9EC3-72073874DA2B PC Report April 27, 2021 DR 2021-0004, CU P 2021-0006, CU P 2021-0001 AN D CU P 2020-0018 Page 5 Along the northwest elevation, the main entry door is proposed to be relocated further south and will be adjacent to the new waiting area. The existing patio area is currently surrounded with an existing three (3) foot tall decorative iron fencing. Outdoor dining furniture would include contemporary tables and chairs. In addition, the applicant is proposing a covered contemporary, metal canopy over the outdoor dining area-, however, the proposed design of the metal canopy is being deferred as the applicant is working with The District property management on a final design. Pursuant to proposed Condition of Approval No. 2.2 of Resolution No. 4425, the design of the canopy would be subject to Community Development Department review. PAINT E TRIM EP-4 NEW 1XSTRIM PAINT EP-4 PAINT EP-1 Signage SIGNAGE = i� JA i n Figure 3: Northeast Elevation (Front) Main entry Signage i.WT"m I, Fn� �I i Figure 3: Northwest Elevation The outdoor dining area will be well lit. Pursuant to proposed Condition No. 2.18 of Resolution No. 4426, the business owners shall submit a written security policy and procedures manual to Tustin Police Department for review. This policy will be reviewed to ensure the safety of all customers and staff and best practices for serving alcohol. Outdoor security cameras may be required if deemed necessary by Tustin Police Department. Painted Graphic Murals The exterior renovations to the facades and outdoor dining area are proposed to feature two (2) painted graphic murals on the northeast and northwest elevations. The painted DocuSign Envelope ID:23AD9777-B771-4D4B-9EC3-72073874DA2B PC Report April 27, 2021 DR 2021-0004, CU P 2021-0006, CU P 2021-0001 AN D CU P 2020-0018 Page 6 graphic murals are inspired by the Charro suit, worn by Mariachi Sol de Mexico musicians, which is a style of dress based on the clothing type of a Mexican cowboy. The Charro suit represents the proud heritage of mariachi music and is usually decorated with "greca" patterns which is a common motif in Mesoamerican art. These greca patterns are intricately sewn onto the Charro suits worn by Mariachi musicians. The proposed graphics consist of greca patterns and are reflective of a piece of mariachi music history and culture. The addition of the painted graphic mural on the exterior elevations would enhance the development's visual appeal and facilitates one's ability to locate their destination. The Northeast Elevation graphic (Figure 4) would feature six (6) greca patterns on a 13- foot by 15-foot 4-inch wall area, and would be painted a green shade. SIGNAGE 1 5F411 Figure 4: Northeast Elevation Graphic The Northwest Elevation graphic (Figure 5) would feature the greca pattern seen on the arms and back of the Charro suit worn by Mariachi Sol de Mexico musicians. The decorative graphic would be painted a bronze color on a six (6) foot by seven (7) foot wall area. DocuSign Envelope ID:23AD9777-B771-4D4B-9EC3-72073874DA2B PC Report April 27, 2021 DR 2021-0004, CU P 2021-0006, CU P 2021-0001 AN D CU P 2020-0018 Page 7 x s 7' O' 7w p Ih ° i. Figure 5: Northwest Elevation Graphic The painted graphics would be painted by a professional muralist and commercial grade exterior egg shell paint would be utilized. Proposed Condition of Approval No. 2.8 of Planning Commission Resolution No. 4425 has been included to ensure that graphics are limited to a scene or image and that it would not promote a product or business, as is prohibited by the TCC. Business Hours The applicant proposes the following days and hours of operation for the restaurant: Days of the Week Hours of Operation Tuesday-Sunday- 11:00 a.m. to 11:00 p.m. The proposed hours of operation are compatible with other businesses in the Promenade area of The District at Tustin Legacy in that most of the other businesses in The District are open during the same hours. The applicant does not propose to be open for business on Mondays at this time. DocuSign Envelope ID:23AD9777-B771-4D4B-9EC3-72073874DA2B PC Report April 27, 2021 DR 2021-0004, CU P 2021-0006, CU P 2021-0001 AN D CU P 2020-0018 Page 8 Live Entertainment Businesses requesting approval to provide live entertainment are required to first receive approval of a CUP for live entertainment and approval of a Live Entertainment Permit (LEP) (TCC Sections 9270a(e) and 3231). Approval of a CUP for the presentation of live entertainment would authorize the applicant to obtain a LEP issued through the Finance Department. The LEP is non-transferable, and any modifications to the proposed LEP would require approval of the Community Development Director. The applicant is proposing live Mariachi Entertainment performed by Mariachi Sol de Mexico. The Mariachi band, Mariachi Sol de Mexico, was founded by business owner, Jose Hernandez, and is a platinum selling Mariachi band who have been nominated for a Grammy. Live Mariachi entertainment, at the subject location, would include eight (8) musicians. In addition to singing, the band will feature violins, trumpets, guitars, bass guitar, and a vihuela. The live Mariachi dinner entertainment would occur on the dedicated stage in the indoor dining area on Friday, Saturday and Sunday for 50-minute sets at the following times: Day of the Week Hours of Mariachi - Live Entertainment Friday Indoors: 7:00 p.m. & 9:00 p.m. Saturday Indoors: 7:00 p.m. & 9:00 p.m. Sunday Indoors: 6:00 p.m. or 7:00 p.m. Sunday Indoors and Outdoors: three (3) strolling musicians would perform throughout the dining areas. As referenced in the table above, on Sunday, three (3) strolling musicians would perform throughout the indoor and outdoor dining areas and no amplified music will occur in the outdoor dining area. Pursuant to Section 3236 of the TCC, the stage or entertainment area shall not be open to view from outside the premises, thus the live entertainment shall be conducted entirely within the building with three (3) strolling musicians performing throughout the indoor and outdoor dining area. The stage area proposed is located in the northwest corner of the indoor dining area (Figure 2) which will assist in satisfying this code requirement. The applicant proposes amplified sound inside the restaurant only during performances. In addition, in order to maintain the restaurant atmosphere, outside promoters, cover charges, or drink promotions shall not be allowed as proposed in Condition of Approval No. 2.21 of Planning Commission Resolution No. 4425. The subject restaurant establishment is surrounded by a variety of commercial businesses, with no nearby residential in the vicinity, and the proposed business activities and hours of operation are consistent with other business hours of operation in the Promenade area of The District at Tustin Legacy. Amplified sound will only be installed on the interior of the building and is proposed to only be used during live weekend performances. Pursuant to Proposed Condition of Approval No. 3.1 of Resolution No. 4425, operation of the outdoor DocuSign Envelope ID:23AD9777-B771-4D4B-9EC3-72073874DA2B PC Report April 27, 2021 DR 2021-0004, CU P 2021-0006, CU P 2021-0001 AN D CU P 2020-0018 Page 9 restaurant seating area shall be permitted only at such times as the main place of business is open, and in no event after 11 :00 p.m. The business shall be required to operate in conformance with City noise standards. Pursuant to Proposed Condition of Approval No. 3.8 of Resolution No. 4425, the live entertainment shall not exceed the standards of the City's Noise Ordinance. 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." As proposed and conditioned, food would be sold during all hours the restaurant is open for business and all bar seating is contained within the walls of the existing establishment. Proposed Condition of Approval No. 2.3 of Planning Commission Resolution No. 4426 requires food to be available on the premises during all hours of operation. Parking The project site is within an existing shopping and entertainment center. The existing tenant space was previously approved for restaurant use and parking requirements have been satisfied. FINDINGS & CONCLUSION: In determining whether to approve the proposed project, the Planning Commission must determine whether or not the project 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: CUP for painted graphic murals: 1 . That pursuant to Section 9404b.4 of the TCC, proposed painted graphic murals are considered painted wall signs and is allowed when depicting a scene or image not promoting a product or business, subject to an approved CUP. 2. That, as conditioned, the proposed artistic graphic murals will not promote a product or business and will be subject to City review. 3. That, as conditioned, all graphic murals shall be weather and rain resistant, abrasive resistant, peel resistant, and non-yellowing so as not to degrade in adverse weather conditions. DocuSign Envelope ID:23AD9777-B771-4D4B-9EC3-72073874DA2B PC Report April 27, 2021 DR 2021-0004, CU P 2021-0006, CU P 2021-0001 AN D CU P 2020-0018 Page 10 4. That the maintenance and removal of any future graphic art murals for the site is adequately addressed in the conditions of approval. CUP for Live Entertainment: 1 . The live entertainment use will operate in conjunction with a restaurant, which is permitted within the SP-1 zoning district. 2. That the proposed restaurant establishment hours (11:00 a.m. to 11 :00 p.m., Tuesday-Sunday) are similar and compatible with other businesses and restaurant in the vicinity. 3. That operation of the live entertainment shall not occur after 11 :00 p.m. 4. Noise impacts are anticipated to be minimal as all live entertainment would be conducted entirely within the building and outdoor dining area and no amplified music will occur in the outdoor dining area. 5. That the ambient noise levels resulting from the live entertainment shall not exceed the standards of the City's Noise Ordinance. 6. As conditioned, the proposed live entertainment would be compatible with the surrounding uses and the TCC in that the proposed live entertainment would be ancillary to the restaurant use, the Mariachi band is a type of restaurant entertainment that customers can enjoy while they have a meal and drinks, and that the subject restaurant establishment is located in a pedestrian-oriented lifestyle center with no residential areas in the vicinity. 7. That the Tustin Police Department has reviewed and supports the proposed use, as conditioned. 8. As conditioned, CUP 2021-001 for live entertainment may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with CUP 2020-0001 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. CUP for the Sales of Alcoholic Beverages: 1 . The proposed on-site sale of alcoholic beverages, in conjunction with a restaurant, is allowed within the SP-1 zoning district with the approval of a CUP. 2. The proposed on-site consumption of beer, wine, and distilled spirits within an existing restaurant establishment is consistent with the Alcoholic Beverage Sales Establishment Guidelines, TCC Section 9271(dd), and Ordinance No. 1493 that DocuSign Envelope ID:23AD9777-B771-4D4B-9EC3-72073874DA2B PC Report April 27, 2021 DR 2021-0004, CU P 2021-0006, CU P 2021-0001 AN D CU P 2020-0018 Page 11 support economic development opportunities for alcoholic beverage establishments in the City. 3. 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. 4. No expansion of the existing restaurant use is proposed; therefore, no parking impacts are anticipated. 5. The Tustin Police Department has reviewed the application, and has no immediate concerns. DR for renovation to outdoor dining and exterior facade: Pursuant to Section 9272c of the TCC, the Community Development Department finds 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. In making such findings, the Community Development Department has considered at least the following items: 1 . Height, bulk and area of buildings. The height and bulk of the existing building is compatible with surrounding buildings. No changes to height or bulk are proposed in conjunction with this project. 2. Setbacks and site planning. All existing building setbacks will remain unchanged. 3. Size and spacing of windows, doors and other openings. Windows will be removed to shield the stage from view and the front entry door will be relocated to a waiting area. The proposed changes will be an enhancement for the restaurant and exterior fagade. 4. Exterior materials and colors. The proposed combination of painted graphic murals along the exterior of the existing building walls increase the structure's visual interest from the public right-of-way. The proposed exterior materials and colors are compatible with the building and overall contemporary design. 5. Landscaping, parking area design and traffic circulation. The existing parking lot is in compliance with current development standards. No landscaping or parking area improvements are proposed in conjunction with this project. 6. Location and appearance of equipment located outside of an enclosed structure. All equipment is fully screened from view and will remain unchanged. 7. Proposed signing. As conditioned, building signage shall comply with applicable regulations and shall be submitted to the Community Development Department for review and approval. DocuSign Envelope ID:23AD9777-B771-4D4B-9EC3-72073874DA2B PC Report April 27, 2021 DR 2021-0004, CU P 2021-0006, CU P 2021-0001 AN D CU P 2020-0018 Page 12 8. The proposed project is consistent with the development Guidelines and criteria as adopted by the City Council. The proposed project, as conditioned, complies with development standards, and provides an updated look to the existing contemporary building that enhance the appearance of every elevation of the building with a clear and defined style and curated color scheme. As proposed, the project meets the applicable development standards set forth in the SP- 1 zoning district. Accordingly, staff recommends that the Planning Commission approve the proposed project. ..._DocuSigned by: ill(—DocuSigned by: U (,SS((A Q `ED45 65�• 0 815AASC8D70F417... Jessica Aguilar Justina L. Willkom Associate Planner Community Development Director Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Resolution No. 4425 — DR 2021-0004, CUP 2021-0001, & CUP 2021-0006 E. Resolution No. 4426— CUP 2020-0018 ATTACHMENT A LOCATION MAP 300-foot, 500-foot, and 1,000-foot Radius Map �n Iry Inn.Ap, 1,000-foot 500-foot }s}s> 300-foot c c? c F+��N i� 3� eC-poral3 Piz z. Pao ll Buddhist oTempH a `� qul[y Res. 4 �dF \ I \ j ♦ I Fairfiaven % ♦ Pa k I \ t Santa CI \ I ♦ L ;I ♦ \ y ♦ 1 I \ r:s �I ♦ r \ 'a \ / 5 � v i �eF c Location Map 2497 Park Ave Project # DR 2021-0004, CUP 2020-0018, CUP 2021-0001 & CUP 2021-0006 ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): DR 2021-0004, CUP 2020-0018, CUP 2021-0001, &CUP 2021-0006 2. LOCATION: THE DISTRICT AT TUSTIN LEGACY 3. ADDRESS: 2497 PARK AVENUE 4. APN(S): 434-441-16 5. PREVIOUS APPLICATIONS RELATING TO THIS PROPERTY: DDA 04-002, CP 04-001, DR 04-010, VAR 04-002, CUP 04-015, CUP 07-010; CUP 2013-14; CUP 2017-05; CUP 2019-00003, CUP 2019- 00004, CUP 2019-00013 6. SURROUNDING LAND USES: NORTH: COMMERCIAL SOUTH: COMMERCIAL - INDUSTRIAL EAST: COMMERCIAL WEST: PARKING AND TEMPORARY EMERGENCY SHELTER 7. SURROUNDING ZONING DESIGNATION: NORTH: TUSTIN LEGACY SPECIFIC PLAN DISTRICT (SP-1) SOUTH: SP-1 & CITY OF IRVINE EAST: SP-1 WEST: SP-1 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: TUSTIN LEGACY SPECIFIC PLAN DISTRICT (SP-1) SOUTH: SP-1 &CITY OF IRVINE EAST: SP-1 WEST: SP-1 9. SITE LAND USE: A. EXISTING: RESTAURANT PROPOSED: SAME B. GENERAL PLAN: SP-1 PROPOSED GP: SAME C. ZONING: SP-1 PROPOSED ZONING: SAME DEVELOPMENT FACTS: NO CHANGE TO EXISTING DEVELOPMENT 10. LOT AREA: 112 GROSS ACRES APPROXIMATELY 11. PARKING: 4,820 SPACES; SHARED PARKING ANALYSIS; NO NET CHANGE- SAME BUSINESS TYPE AS PREVIOUS TENANT 12. TENANT IMPROVEMENTS: REMODEL APPROXIMATELY 4,772 SQUARE FEET OF AN EXISTING RESTAURANT. PROPOSED IMPROVEMENTS INCLUDE A NEW BAR CONFIGURATION, RELOCATED FRONT ENTRY, NEW PRIVATE DINING ROOM, STAGE, AND NEW COVERED CANOPY OVER THE OUTDOOR DINING AREA. ATTACHMENT C SUBMITTED PLANS C7 c Z`v 0 Fn W O • • • • • • • • . • • • • • • • • . • • • ��� • • • • • • • . • • • • • . • • • • • • • o00 »> J J J z w W W Z J CC CC CC X Ra000 • • o aCCCEcc¢ Z w0www � X X X W (n LL w w w LU 7 N M t o • • _ ¢aaaa • • • • . • • • l/7 0 0 w • • V) • • z LL C= w . . O > Q • • w Y U F-- Q z . • w J � � • • O o1 • • J N • • w • • Q • C= • l) Q 0 %joo*N • • V . . 0 %/M*N 0 C=• • • • . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . }all 7 u - D}1 MMM sa8� Ld6S-SE(646)xj 9L86-0S9 1646) 3 L S I-6S916 . . . DlUJO411DO y7 QUI}snj Q=o$ y30a8 ylod,. N•dlSl xo8-O d any AJE)d L6bb - 5-9ili yNo .cul"s}oa}iyaiH uOIwo41}lego�d a }umm4saa Jos lap DSDO syy� 1LU acn _ b a b m �z° s t rn �w w dam W~ ^ oma c < ~ drm WtlW E a Zv '- W 43 v O U O Q N fq > IL W sti 4 W �f r w. r-e l� s IOU ' O U I -D }A ' MMM ah9Y Z66SS 16(646)xj M6-OW(646) Q Mal 6M-6W66 D!UIOI!IDD 0- gooag podmON•6M Xo9'O'd antl>PDd LOZ syr 8 v G' -oul's}oa}igoay uo}uaogl}aagod }uomo}saN 1pS lad osoo N O gill,$ _ Q O pip• N V N m N m LL 81 Ym ¢ 3 � c y Lu p � a O m a -- -- IZ m m h N N raj Q = � vLu 6- - = O a g p m3Nm �w W m p p a u co0 C 0 �� O 6-� E c c a_c o Z O a mss¢. mWoz F� < ' ¢' om'a`m d �� oma eQow i4_ Ji v - ❑ - W nr 00 Q I - 6J 6-A 6=�6.�6 - 3ti i 3t +i - - - D LD N > LFF=ry 1r 6J6 6d L SF=r F- s�-^�k-��_ ��F� F�F� Z t:Oo:EQ"6, d' 3�� � �-ti ®W W _T9 F� F' L'E_ .� �v- r-=r� =+FY Z_ 6d 6d 6d 6d W 6d 6d �d 6d 3 z L 7E W i* - Quad 3a3 0 3�3 3 o¢� Z 3 _ C'f) Q N 0 HE O \\\ \ o a U) @) 01 � O ,.. w Q w Q Lu ccZ v a U W .0d F" w r w Uw z > a z na n- �� w w CV Q c\j 1[ ► M �� ►~ ❑ rn W ►k 1 Lu Z N z y W , '1 � } _w gm c _ O1 F- w Q w y Y Z Qu) �\ ► U Q F- O J O.EL co Lu Lu wEr z � y Q w - Lr �. LliLU za C7 L aw � z Q w C Ln 0 J (i(n w O N LL LU3 � J y LU LU w m \� z a (3 O w U_ (} Q 2 CL w � a Qaa3 ww (3 Lu w3 z U) H \\ U r O CL1 LL W.< U t' EL `' L Q N W O o � 0 �- OC _ W o Oo >- Ir zLU � > W \ w If J / LU C' W o ° Uw Ir LU co � z LLJ 0) ZU) U a Z H ~ D W cli co x Q \\\ Q r^ T Wd L5W VJ Z W cn cn N LU 2i p F- a W W Y Z LU oa F- Q U)p U) 00 z z Cc 11 wQ w dw d wcc W I ► ► HHHEIN ► N O_ W H LU 0 Z Z d W w O w J INS�pull�II`II� Ch U w J NIIIIIIIIW�'I o u 0- 0 o v Oz `' Q � L p \ o wa z Q \\ O � U) w (D J Q W 1 -7 � Q ----- d W Wui Q U wz w0 a co Z W � > LO � a0 7 LUO LU m0 wUJ J Z_ z0 O � co Q W ¢ _j > LU a F- a wcr Q � w — 3: LU P: tr> Z O W cr \� O w O F ::.::•.::•.::•.::••�..:�. Q Jz p, O W o Q > :JLQ o CO 0 Cc m w < F— LU OC ♦ ` x v W JH. Q w Co CO 0 � r � wLU LU LU 0 z w N z ir w I- Z � C \� \� _� co CnT co W Cn W w � m O I- w LU cc J Z) CL Z Q C() w w Op o<- W, � W U ,wLU - ZZ wQ ww F- O J J 0 U LL OQ ` OQ CLU7 J Q W O � � W WLU Q c ATTACHMENT D RESOLUTION NO. 4425 DR 2021 -0004, CUP 2021 -0001 , CUP 2021 -0006 RESOLUTION NO. 4425 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2021-0001, CONDITIONAL USE PERMIT 2021-0006, AND DESIGN REVIEW 2021-0004, A REQUEST TO AUTHORIZE LIVE MARIACHI ENTERTAINMENT, TO APPROVE PAINTED GRAPHIC MURALS, AND THE REMODEL OF THE EXTERIOR FACADES AND OUTDOOR DINING AREA, IN CONJUNCTION WITH A RESTAURANT AT 2497 PARK AVENUE The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2021-0001 , CUP 2021-0006, and Design Review (DR) 2021-0004 were filed by Jose and Teresa Hernandez requesting authorization to establish live Mariachi entertainment, add painted graphic murals and remodel the exterior facades and outdoor dining area in conjunction with a restaurant (Sol De Mexico, Inc.) at 2497 Park Avenue. B. That the proposed use is consistent with the Tustin Legacy Specific Plan (SP-1) zoning district, 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 General Plan and has been determined to be consistent with the Air Quality Sub-Element. C. That pursuant to Sections 9270a(e) and 3231 of the Tustin City Code (TCC), a CUP for live entertainment and approval of a live entertainment permit are required prior to the presentation of live entertainment. D. That pursuant to Section 9404b.4 of the TCC, a CUP is required for murals or graphics which do not promote a product or business, but which depict a scene or image and pursuant to Section 9272 of the TCC, DR is required for signs (includes murals or graphics). E. That a public hearing was duly called, noticed, and held for CUP 2021-0001, CUP 2021-0006, and DR 2020-0004 on April 27, 2021 , by the Planning Commission. F. That the establishment, maintenance, and operation of live entertainment 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 the 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 in that: Resolution No. 4425 Page 2 1) The live entertainment use will operate in conjunction with a restaurant, which is permitted within the SP-1 zoning district. 2) That the proposed restaurant establishment hours (11:00 a.m. to 11:00 p.m., Tuesday-Sunday) are similar and compatible with other businesses and restaurant in the vicinity 3) That operation of the live entertainment shall not occur after 11:00 p.m. 4) Noise impacts are anticipated to be minimal as all live entertainment would be conducted entirely within the building and outdoor dining area and no amplified music will occur in the outdoor dining area. 5) That the ambient noise levels resulting from the live entertainment shall not exceed the standards of the City's Noise Ordinance. 6) As conditioned, the proposed live entertainment would be compatible with the surrounding uses and the TCC in that the proposed live entertainment would be ancillary to the restaurant use, the Mariachi band is a type of restaurant entertainment that customers can enjoy while they have a meal and drinks, and that the subject restaurant establishment is located in a pedestrian-oriented lifestyle center with no residential areas in the vicinity. 7) That the City's Police Department has reviewed and supports the proposed use, as conditioned. 8) As conditioned, CUP 2021-0001 for live entertainment may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with CUP 2020-0001 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. G. That the enhancement of the exterior fagade with artistic mural graphics 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 in that: 1) That pursuant to Section 9404b.4 of the TCC, proposed painted graphic murals are considered painted wall signs and is allowed when depicting a scene or image not promoting a product or business, subject to an approved CUP. 2) That, as conditioned, the proposed artistic graphic murals will not promote a product or business and will be subject to City review. Resolution No. 4425 Page 3 3) That, as conditioned, all graphic murals shall be weather and rain resistant, abrasive resistant, peel resistant, and non-yellowing so as not to degrade in adverse weather conditions. 4) That, the maintenance and removal of any future graphic art murals for the site is adequately addressed in the conditions of approval. 5) Pursuant to Section 9272c of the TCC, the Community Development Department finds 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. In making such findings, the Community Development Department has considered at least the following items: a. Height, bulk and area of buildings. The height and bulk of the existing building is compatible with surrounding buildings. No changes to height or bulk are proposed in conjunction with this project. b. Setbacks and site planning. All existing building setbacks will remain unchanged. c. Size and spacing of windows, doors and other openings. Windows will be removed to shield the stage from view and the front entry door will be relocated to a waiting area. The proposed changes will be an enhancement for the restaurant and exterior fagade. d. Exterior materials and colors. The proposed combination of painted graphic murals along the exterior of the existing building walls increase the structure's visual interest from the public right- of-way. The proposed exterior materials and colors are compatible with the building and overall contemporary design. e. Landscaping, parking area design and traffic circulation. The existing parking lot is in compliance with current development standards. No landscaping or parking area improvements are proposed in conjunction with this project. f. Location and appearance of equipment located outside of an enclosed structure. All equipment is fully screened from view and will remain unchanged. g. Proposed signing. As conditioned, building signage shall comply with applicable regulations and shall be submitted to the Community Development Department for review and approval. Resolution No. 4425 Page 4 h. The proposed project is consistent with the development Guidelines and criteria as adopted by the City Council. The proposed project, as conditioned, complies with development standards, and provides an updated look to the existing contemporary building that enhance the appearance of every elevation of the building with a clear and defined style and curated color scheme. H. 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 Planning Commission hereby approves CUP 2021-0001, CUP 2021-0006, and DR 2021-0004 and for exterior modifications to the existing commercial building and authorizing the establishment of live Mariachi entertainment and painted graphics in conjunction with a restaurant establishment located at 2497 Park Avenue, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 27th day of April, 2021. 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. 4425 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of April, 2021. JUSTINA L. WILLKOM Planning Commission Secretary EXHIBIT A DR 2021-0004, CUP 2021-0001 & CUP 2021-0006 CONDITIONS OF APPROVAL 2497 PARK AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped April 27, 2021 , on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director 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 is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Design Review (DR) 2021-0004, Conditional Use Permit (CUP) 2021-0001 & CUP 2021-0006 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 Community Development Director, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.6 CUP 2021-0001 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 2021-0001 , or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development 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 Resolution No. 4425 Exhibit A Page 2 Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.7 As a condition of approval of CUP 2021-0001 , 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) 1.8 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. DESIGN AND SIGNAGE (4) 2.1 Project materials shall substantially comply with those identified in the approved plans. Additional color and material samples may be requested by City staff at the time of plan check. Substitutions to the approved materials may occur subject to the approval of the Community Development Director. Enhancements to the architectural detailing may be required at the time of plan check based on the proposed materials. (***) 2.2 The design of the covered contemporary, metal canopy over the outdoor dining area would be subject to Community Development Department review. (1) 2.3 A sign permit shall be applied for and obtained from the Community Development Department prior to constructing, erecting, altering, replacing, moving, or painting any sign, except for signs exempt from a permit according to the Tustin Sign Code (TSC). Permit applications shall be accompanied by information as required for a standard sign plan or master sign plan, pursuant to the TSC. (***) 2.4 All signs/painted graphics shall conform to the approved plans and revert to the TSC for any signage not addressed in this application. Minor changes could be made if signs meet the spirit and intent of this approval and are approved by the Community Development Department. Resolution No. 4425 Exhibit A Page 3 (***) 2.5 All maintenance and repairs to signs/murals shall be at least equal in quality and design to the original signs. (***) 2.6 All areas where wall signs/murals are removed and background discoloration or holes remain shall be appropriately patched and painted to match the building surface within thirty (30)days of removal of said sign. (***) 2.7 All signs/painted graphics shall be weather and rain resistant, abrasive resistant, peel resistant, non-yellowing and constructed of a non-corrosive, rust-resistant finish so as not to degrade in adverse weather conditions. (***) 2.8 The proposed graphics are limited to a scene or image and shall not promote a product or business. USE RESTRICTIONS (1)(4) 3.1 Operation of the outdoor restaurant seating area shall be permitted only at such times as the main place of business is open, and in no event before 6:00 a.m. and after 11 :00 p.m. (1) 3.2 Authorization to provide "Live Entertainment" shall not include Adult Entertainment, sexually oriented business, burlesque shows, and lewd or indecent acts. Sexually oriented businesses shall obtain special permits pursuant to TCC Section 3900 et seq. (1) 3.3 Operation of live entertainment is contingent upon the use of the premises remaining a restaurant use. Should the use of the premises change from a restaurant use, this CUP shall be null and void. (1) 3.4 A Live Entertainment Permit shall be obtained through the Finance Department prior to establishing, conducting, or carrying on any live entertainment. The Live Entertainment Permit shall be non-transferable to any person(s). (1) 3.5 No business operating with a valid Live Entertainment Permit shall employ any person who has been convicted of illegal drug usage, drug dealing, or prostitution within the last five (5) years. Resolution No. 4425 Exhibit A Page 4 (1) 3.6 If in the future the City's Community Development Director, Police Chief and/or Public Works Department determine that a parking, traffic, or noise problems exists on the site or in the vicinity as a result of the presentation of live entertainment, the Community Development Director, Police Chief, and/or Public Works Department may require the applicants to prepare a parking demand analysis, traffic study, or a noise study, the applicants shall be required to provide measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said measures may include, but are not limited to, the following: A. Adjust hours of operation. B. Eliminate live entertainment. C. Reduce the number/frequency of performers. D. Require additional on-site security personnel. E. Provide additional parking. (1) 3.7 The live entertainment 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. (1) 3.8 The ambient noise levels resulting from the live entertainment and business operations shall not exceed the standards of the City's Noise Ordinance. Outside address speakers, telephone bells, buzzers, and other similar devices, which are audible from adjoining properties, shall be prohibited. (***) 3.9 No amplified music shall occur in the outdoor dining area. (1) 3.10 The proposed stage shall not be open to view from outside the premises. (1) 3.11 Fire and Police access and passage shall be permitted at all times. (1) 3.12 No outdoor storage shall be permitted except as approved by the City's Community Development Director. (1) 3.13 There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (1) 3.14 There shall be an individual assigned during all open business hours in charge of occupancy. This individual shall assure the occupancy limits established by the City are within compliance. (1) 3.15 Persons who appear intoxicated shall not be admitted into the establishment. Resolution No. 4425 Exhibit A Page 5 PLAN SUBMITTAL (1) 4.1 All construction shall comply with 2019 California Building Code, California Mechanical Code, California Electrical Code, California Plumbing Code, California Green Code and California Energy Code. (1) 4.2 The applicant/contractor is required to submit a Waste Reduction and Recycling Plan (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) percent of the project waste material or the amount required by the California Green Building Standards Code. A. The applicant will be required to submit a fifty-dollar ($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. The deposit amount will be collected in accordance with the TCC. B. Prior to issuance of any 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 OC CLERK-RECORDER 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. ATTACHMENT E RESOLUTION NO. 4426 CUP 2020-0018 RESOLUTION NO. 4426 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2020-0018, A REQUEST TO AUTHORIZE ON-SITE ALCOHOLIC BEVERAGE SALES IN CONJUNCTION WITH A RESTAURANT AT 2497 PARK AVENUE The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2020-0018 was filed by Jose and Teresa Hernandez requesting authorization to establish on-site alcoholic beverage sales in conjunction with a restaurant (Sol De Mexico, Inc.) at 2497 Park Avenue. B. That the proposed use is consistent with the Tustin Legacy Specific Plan (SP-1) zoning district, 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 General Plan and has been determined to be consistent with the Air Quality Sub-Element. C. That pursuant to SP-1 zoning district, on-site alcoholic beverage sales establishments are allowable subject to the provisions contained within TCC Section 9271(dd) and Planning Commission Guidelines. D. That a public hearing was duly called, noticed, and held for CUP 2020-0018 on April 27, 2021 , by the Planning Commission. E. That the establishment, maintenance, and operation of the on-site alcoholic beverage sales, in conjunction with a restaurant establishment, 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 in that: 1) The proposed on-site sale of alcoholic beverages, in conjunction with a restaurant, is allowed within the SP-1 zoning district with the approval of a CUP. Resolution No. 4426 Page 2 2) The proposed on-site consumption of beer, wine, and distilled spirits within an existing restaurant establishment is consistent with the Alcoholic Beverage Sales Establishment Guidelines, TCC Section 9271(dd), and Ordinance No. 1493 that support economic development opportunities for alcoholic beverage establishments in the City. 3) 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. 4) No expansion of the existing restaurant use is proposed; therefore, no parking impacts are anticipated. 5) The Tustin 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 California Environmental Quality Act). II. The Planning Commission hereby approves CUP 2020-0018 authorizing the establishment of on-site alcoholic beverage sales in conjunction with a restaurant at 2497 Park Avenue, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 27th day of April, 2021. Chairperson JUSTINA L. WILLKOM Planning Commission Secretary Resolution No. 4426 Page 3 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. 4426 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of April, 2021. JUSTINA L. WILLKOM Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 2020-0018 CONDITIONS OF APPROVAL 2497 PARK AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped April 27, 2021 , on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director 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 is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit (CUP) 2020-0018 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 Community Development Director, and evidence of recordation shall be provided to the Community Development Department. Failure to comply with the 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. (1) 1.5 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. Failure to do so would be a basis for revocation proceeding. 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 Resolution No. 4426 Exhibit A Page 2 (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). (1) 1.7 CUP 2020-0018 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 2020-0018, 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 2020-0018, 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) 1.9 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. USE RESTRICTIONS (1) 2.1 This approval authorizes Type 47 on-site only beer, wine, and distilled spirits. Any changes and/or upgrades to the ABC License shall be reviewed and approved by the Community Development Director. (1) 2.2 The applicant shall obtain the appropriate license from 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. (7) 2.3 Food must be served whenever the privileges of the on-sale license are being exercised. Resolution No. 4426 Exhibit A Page 3 (7) 2.4 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 of Tustin. (1) 2.5 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) 2.6 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) 2.7 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) 2.8 All persons serving alcoholic beverages within a bar establishment must be twenty-one (21) years of age or older. (1) 2.9 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)(7) 2.10 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)(7) 2.11 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. Resolution No. 4426 Exhibit A Page 4 (1)(7) 2.12 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)(7) 2.13 There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (1)(7) 2.14 Games or contest requiring or involving consumption of alcoholic beverages shall be prohibited. (1)(7) 2.15 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 (TPD). (1) 2.16 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 of Tustin. (7) 2.17 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 TPD, 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. • 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. Resolution No. 4426 Exhibit A Page 5 • Procedures for calling the TPD 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) 2.18 There shall be no window coverings or advertisements that reduce the visibility inside of the business. (7) 2.19 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 beverages. No interior displays of alcoholic beverages or signs which are clearly visible to the exterior. • Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) percent of window coverage. • 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) 2.20 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) 2.21 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) 2.22 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) 2.23 No sexually oriented businesses shall be conducted on the premises without approval by the City of Tustin in accordance with the TCC.