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HomeMy WebLinkAbout01 ZA REPORT CHEVON 2740 BRYAN AVENUE DocuSign Envelope ID:3048EC15-FA17-4AA7-AD95-03005093189C 0 ff ITEM #1 AGENDA REPORT MEETING DATE: MAY 6, 2021 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2021-0004 APPLICANT: PROPERTY OWNER: CHARLES BITTLE TUSTIN MARKET PLACE I LLC CHEVRON USA, INC C/O THE IRVINE COMPANY LLC PO BOX 6003 550 NEWPORT CENTER DRIVE SAN RAMON, CA 94583 NEWPORT BEACH, CA 92660 LOCATION: 2740 BRYAN AVENUE GENERAL PLAN: PLANNED COMMUNITY COMMERCIAUBUSI NESS (PCCB) ZONING: EAST TUSTIN SPECIFIC PLAN (SP-8) PLANNED COMMUNITY MIXED-USE (PCMU) REQUEST: TO AUTHORIZE THE SALE OF OFF-SITE ALCOHOLIC BEVERAGES IN CONJUNCTION WITH AN EXISTING SERVICE STATION CONVENIENCE STORE. ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. DocuSign Envelope ID:3048EC15-FA17-4AA7-AD95-03005093189C ZA Report May 6, 2021 CUP 2021-0004 Page 2 RECOMMENDATION: That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 21-003, approving Conditional Use Permit (CUP) 2021-0004 to authorize the sale of off-site alcoholic beverages in conjunction with an existing service station convenience store. APPROVAL AUTHORITY: The project site is located within the Planned Community Mixed Use (PCMU) zoning district and within the East Tustin Specific Plan (ETSP) or SP-8. The ETSP permits off-site alcoholic beverage sales establishments subject to approval of a CUP. Pursuant to Tustin City Code (TCC) Section 9299b(3)(g), TCC Section 9271(dd), and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments (Guidelines), the Zoning Administrator has the authority to review and take action on CUP applications for off- site alcoholic beverage sales establishments. BACKGROUND: Location and Surrounding Properties The subject property is located on the southeast corner of Myford Road and Bryan Avenue and is surrounded by a variety of land uses. Townhomes are located to the north and northeast across Bryan Avenue. To the south of the site, and immediately adjacent, is The Tustin Market Place. To the west, across Myford Road, is the EI Modena channel and the rear of the Costco Wholesale building. DocuSign Envelope ID:3048EC15-FA17-4AA7-AD95-03005093189C ZA Report May 6, 2021 CUP 2021-0004 Page 3 r , :lire.[iFncE At Figure 1 —Aerial Map The service station and convenience store were established by Planning Commission Resolution No. 2908. On June 10, 1991, the Planning Commission approved an amendment to Design Review (DR) 87-37, DR 90-39 and CUP 90-26 approving the construction of an automotive service station comprised of self-service gasoline sales and an accessory convenience store. PROJECT DESCRIPTION: Project Summary The parcel is developed with an existing 2,926-square-foot metal canopy over six (6) pump islands, twelve (12) fuel pumps and a 1,319-square-foot convenience store building (Figure 2). The convenience store building is located parallel to Myford Road and offers convenience items for sale (ExtraMile convenience store). The applicant (Chevron USA, Inc) is requesting to sell alcoholic beverages (Type 21) within the existing convenience store. The proposed CUP would allow for the sale of beer, wine, and distilled spirits for off-site consumption. DocuSign Envelope ID:3048EC15-FA17-4AA7-AD95-03005093189C ZA Report May 6, 2021 CUP 2021-0004 Page 4 Store Room Beer Coolers Convenience 30 sfl+l- Sales Area Instafled'Tith a remote locking sys�em L CSO Sp Distilled 'st C _8 -T Distilled Spirits ............ Cabinet-8 sf 3' Cash Convenience Register Sales Area Bmlding Restroom Facilities Figure 2—Floor Plan Off-site Alcoholic Beverages Sales in Conjunction with a Convenience Store The ancillary off-site sale of alcoholic beverages can be authorized in conformance with Section 3.7.2 of the ETSP which lists off-site alcoholic beverage sales establishments (liquor stores) as a conditionally permitted use and Section 3.8.2 D which provides that ancillary uses shall be subject to a determination by the Community Development Department to be permitted, conditionally permitted, or prohibited. The ancillary off-site sale of alcoholic beverages has been determined to be conditionally permitted and subject to the provisions set forth in TCC 9271 dd and the Planning Commission's Guidelines. Section 9299b(3)(g), TCC Section 9271(dd), and the Planning Commission's Guidelines specify that applicants requesting approval for the off-site sale of alcoholic beverages shall obtain an approval of a CUP issued by the Zoning Administrator. TCC 9271(dd) and the Guidelines establish distancing requirements for off-site sales establishments of 1,000 feet from any public or private school (K-12). The minimum distances between off-site sales establishments and public or private schools are computed by measuring the distance from the closest entry/exit provided for customer access of the off-site sales establishment to the property line of the public or private school. The proposed alcohol sales establishment is located within an existing convenience store, and the location meets the minimum distancing requirement from any public or private school for off-site sales. Upon review, the nearest school, Tustin Ranch Elementary School, is located more than 2,800 feet away from the existing convenience store. DocuSign Envelope ID:3048EC15-FA17-4AA7-AD95-03005093189C ZA Report May 6, 2021 CUP 2021-0004 Page 5 24-Hour Convenience Store and Alcohol Sales Hours The existing Chevron service station and ExtraMile convenience store operate twenty-four (24) hours a day, seven (7)days a week. The existing convenience store consists of a cash register, food and beverage stations, retail food and beverage stands and coolers, restrooms, a freezer, and stockroom. With the proposed addition of off-site alcoholic beverage sales, a remote locking system will be installed on the three (3) beverage coolers containing alcoholic beverages when alcoholic beverages are not available to be sold (Figure 2). The remote locking systems would only be unlocked by an authorized employee. The applicant's request includes a proposal to allow the off-site sale of alcohol between 6:00 a.m.to 12:00 a.m., seven (7)days a week. The proposed off-site alcoholic beverage sales would be ancillary to the existing convenience store and gasoline sales. Pursuant to ZAA No. 21-003 proposed Condition of Approval No. 2.8 and the City of Tustin Alcoholic Beverage Sales Establishment Guidelines, no person under the age of twenty-one (21) shall sell alcoholic beverages. Public Convenience and Necessity The project site is located within Census Tract No. 639.03. According to Alcoholic Beverage Control (ABC), a maximum of four (4) alcohol licenses for off-site consumption are generally allowed in the Census Tract based on the population in the tract. As reported by ABC, there are a total of six(6)off-site licenses. The applicant is proposing to add another license to an existing area that has an "undue concentration" of alcohol licenses, as defined by ABC. As such, ABC requires the City to make findings of public convenience and necessity for the proposed Type 21 license in order for the business to obtain the alcohol license from ABC. Finding F.7 of Zoning Administrator Action 21-003 satisfies this requirement. Although an undue concentration of alcohol establishments (as defined by ABC) exists in the area, compliance with ABC's license restrictions, the proposed conditions of approval, and the periodic monitoring of these conditions by the City and ABC would reduce the likelihood of this use becoming problematic. The approval of this request would add to the number of alcohol licenses; however, the additional retail sale of a variety of alcoholic beverages would add to the diversity of uses within one of the City's major commercial centers. Therefore, the proposed alcohol sales will not contribute negatively to the undue concentration of alcohol establishments in the Census Tract. Security As convenience stores are often a common target of theft, responsible sales of off-site alcoholic beverages and additional security measures have been considered in accordance with this project. The applicant will be responsible for following the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishment to ensure that the operation adheres to responsible methods for the sale of off-site alcoholic beverages. In accordance with these Guidelines, the business owner or manager will be required to maintain a written security policy and procedures DocuSign Envelope ID:3048EC15-FA17-4AA7-AD95-03005093189C ZA Report May 6, 2021 CUP 2021-0004 Page 6 manual, for review and approval by the Tustin Police Department (TPD), which will include best practices for accurately verifying the age of patrons and include review of the establishment's existing video surveillance plan (Figure 3). There are eight (8) existing cameras located inside the convenience store, one (1) existing camera at the convenience store entrance, and four (4) existing cameras located in the service station canopy area. The existing video surveillance system and camera locations will be reviewed by TPD during review of the written security policy and procedures manual and additional enhancements may be requested pursuant to Condition of Approval No. 2.20 of ZAA No. 21-003. FOOD MART �j !R VEEDER-ROOT 352//2 22 SENSORS IN 6 UD . I f � -DOUB PRODIU�CTWALL ES& \ SINGLE WALL FiS VAPOR RECOVE114 UNE DOUBLE WALL F/G TANKS-----. SINGLE WALL F/G VENT LINES VENT RISERS TRASH Figure 3—Video Surveillance Plan Additionally, the cash register is required to be visible from outside of the building and all beverage cooler doors containing alcoholic beverages within the convenience store will be installed with a remote locking system, which will be utilized by authorized store employees and will be locked between 12:00 am and 6:00 am, when alcoholic beverages are not available to be sold. Parking The existing tenant space meets the current parking requirements. The existing uses were previously approved for a service station and an ancillary convenience store use and the applicant is not proposing changes to the existing uses. No additional parking is required to sell alcoholic beverages for off-site consumption. DocuSign Envelope ID:3048EC15-FA17-4AA7-AD95-03005093189C ZA Report May 6, 2021 CUP 2021-0004 Page 7 CONCLUSION: Analysis of CUP 2021-0004 has determined that the establishment, maintenance, and operation of the proposed off-site alcoholic beverage sales will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of proposed 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. Furthermore, the proposed off-site consumption of beer, wine, and distilled spirits in conjunction with a service station convenience store, with conditions of approval, is consistent with the Planning Commission Guidelines for Alcoholic Beverage Sale Establishments and TCC Section 9271(dd). Findings to support the request have been included in ZAA No. 21-003. Accordingly, staff recommends that the Zoning Administrator approve the request for Conditional Use Permit No. 2021-0004 authorizing the off-site sale of alcoholic beverages ancillary to a convenience store and gas station. Docu Signed by: DocuSigned by: �V1M0- RIU r6v, for I Cb 2E SAE588F82047F_. EADB147C2289428... Jessica Aguilar Scott Reekstin Associate Planner Principal Planner Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. ZAA No. 21-003 ATTACHMENT A Location Map 300-foot, 500-foot, and 1,000-foot Radius Map 'k Fla rjem .4 f` 1,000-foot 500-foot 300-foot s � Depot The kb,4*t e' rsM�m PaeF f :va, �• Ja a Location Map 2740 Bryan Avenue CUP 2021-0004 ATTACHMENT B Land Use Application Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT (CUP) 2021-0004 (TYPE 21- BEER, WINE, AND DISTILLED SPIRITS) 2. LOCATION: SOUTHEAST CORNER OF MYFORD RD AND BRYAN AVENUE 3. ADDRESS: 2740 BRYAN AVENUE, TUSTIN, CA, 92782 4. APN(S): 500-312-01 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: DR 87-37 (LANDSCAPE AND BUILDING SETBACKS), CUP 90-26 (GAS STATION ESTABLISHMENT), DR 90-39 (SITE PLAN) 6. SURROUNDING LAND USES: NORTH: MULTI-FAMILY RESIDENITIAL NORTHEAST: (ACROSS BRYAN AVE) MULTI-FAMILY RESIDENITIAL SOUTH: COMMERCIAL WEST: (ACROSS MYFORD RD) COMMERCIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: EAST TUSTIN SPECIFIC PLAN (SP-8)- PLANNED COMMUNITY RESIDENTIAL (PC RES) NORTHEAST: SP-8- PC RES SOUTH: SP-8- PLANNED COMMUNITY MIXED USE WEST: SP-8- PCMU 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PLANNED COMMUNITY RESIDENTIAL (PCR) NORTHEAST: PCR SOUTH: PLANNED COMMUNITY COMMERCIAL/BUSINESS (PCCB) WEST: PCCB 9. SITE LAND USE: EXISTING PROPOSED Use: COMMERCIAL NO CHANGE Zoning: SP-8- PCMU NO CHANGE General Plan: PCCB NO CHANGE DEVELOPMENT FACTS: NO CHANGE TO EXISTING DEVELOPMENT 10. LOT AREA: 38,081 SQUARE FEET 11. TOTAL BUILDING AREA: 1,319 SQUARE FEET 12. PARKING: 8 PARKING STALLS 13. ISLANDS/PUMPS: 6 ISLANDS, 12 PUMPS 14. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) N/A ATTACHMENT C Submitted Plans Q cl of MW Gi iG 2L 44 -- Lo 1 0 0 1 0 ® . 11 o o Ln m m co � -aN e N � � — O Ln " L O 4– O u O L Q o O EQ. Qi l� O Q O \ r-i U L N a--I CL) —C a--I 00 G Q) N fo LO L In X C W ro L O pp Q U N 0 Tu 0 0 L N \, 0- 00 SBS I Ln 0, ai ai O N o \ O \\\ Ib ATTACHMENT D Zoning Administrator Action No. 21-003 ZONING ADMINISTRATOR ACTION 21-003 CONDITIONAL USE PERMIT 2021-0004 2740 BRYAN AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2021-0004 was filed by Charles Bittle of Chevron USA, Inc., a request to sell off-site alcoholic beverages in conjunction with an existing service station convenience store, located at 2740 Bryan Avenue. B. That the property is zoned Planned Community Mixed-Use (PCMU) in the East Tustin Specific Plan (SP-8) and has a General Plan land use designation of Planned Community Commercial/Business (PCCB) which provides a variety of retail and service commercial uses. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That pursuant to the SP-B- PCMU zoning district, off-site alcoholic beverage sales establishments are conditionally permitted and are subject to the provisions contained within Tustin City Code (TCC) Section 9271(dd) and Planning Commission Guidelines for Alcoholic Beverage Sales Establishments. D. That in accordance with TCC Section 9299b(3)(g), the Zoning Administrator is authorized to review and approve CUP applications for alcoholic beverage sales establishments. E. That a public meeting was duly called, noticed, and held for said application on May 6, 2021 , by the Zoning Administrator. F. That the establishment, maintenance, and operation of the proposed off-site alcoholic beverage sales 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 existing service station convenience store is located within a commercial corridor in The Tustin Market Place where a variety of commercial, retail, and service station businesses are located. 2. The existing hours of operation of the service station and ancillary convenience store are consistent with similar service station- convenience store hours, and the proposed sale of alcoholic beverages for off-site consumption would be subject to ABC Zoning Administrator Action 21-003 CUP 2021-0004 Page 2 hours of operation and are proposed to be no later than 12:00 a.m. 3. The proposed off-site consumption of beer, wine, and distilled spirits in conjunction with a service station convenience store is consistent with the Planning Commission Guidelines for Alcoholic Beverage Sales Establishments and TCC Section 9271(dd) that support economic development opportunities for alcoholic beverage establishments in the City. 4. The type of use proposed and its proposed location are consistent with the distance requirements established for off-site sales of alcoholic beverages in that it is located more than 1,000 feet from K-12 schools. 5. No expansion of the existing service station convenience store is proposed; therefore, no parking impacts are anticipated. 6. The Tustin Police Department has reviewed the application and with the proposed Conditions of Approval has no immediate concerns. 7. The proposed alcohol sales will not contribute negatively to the undue concentration of alcohol establishments in Census Tract No. 639.03 in that the business would add to the diversity of uses within one of the City's major commercial centers and shall be required to comply with ABC's license restrictions and the proposed conditions of approval. G. This project is Categorically Exempt pursuant to Section 15301, (Class 1) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves CUP 2021-0004, a request to authorize off-site alcoholic beverage sales in conjunction with an existing service station convenience store, located at 2740 Bryan Avenue. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 6th day of May, 2021. JUSTINA L. WILLKOM ZONING ADMINISTRATOR VERA HURTADO RECORDING SECRETARY Zoning Administrator Action 21-003 CUP 2021-0004 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Vera Hurtado, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 21-003 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 6th day of May, 2021 . VERA HURTADO RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2021-0004 2740 BRYAN AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 6, 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)2021-0004 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 conditions of approval, or if the establishment creates undue burden to City resources, or if the CUP is abandoned for a twelve (12) month period, these circumstances shall be grounds for revocation of the CUP. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Zoning Administrator Action 21-003 CUP 2021-0004— Exhibit A Page 2 (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 a revocation proceeding. (1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.7 CUP 2021-0004 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 2021-0004, 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 2021-0004, 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. (1) 1.10 Approved uses shall operate within all applicable State, County, and TCC. Any violations of the regulations of the Department of Alcoholic Beverage Control (ABC)as they pertain to the subject location, or of the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject CUP, as provided for in the TCC. USE RESTRICTIONS (1) 2.1 The approval authorizes Type 21 off-site general sales (beer, wine, and, distilled spirits). Any changes and/or upgrades to the ABC License shall be reviewed and approved by the Community Development Director. Zoning Administrator Action 21-003 CUP 2021-0004— Exhibit A Page 3 (1) 2.2 Authorization for off-site sales of alcohol in conjunction with the proposed convenience store use is contingent upon the use remaining at the subject site. At such time the use is discontinued, the use permit shall be deemed null and void. (1) 2.3 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) 2.4 The applicant shall provide the first inspection fee as determined by the Community Development Department. The Community Development Director shall have the authority to require additional fees if determined to be necessary to protect public health, welfare, peace and comfort. (***) 2.5 Authorized business hours for the existing service station, comprised of a self-service gasoline sales and convenience store, are twenty-four (24) hours a day, seven (7) days a week. (1) 2.6 No sale of alcoholic beverages shall take place between 12:00 am and 6:00 am. (7) 2.7 All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The California Department of Alcoholic Beverage Control must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage sales establishment and shall be presented upon request by a representative of the City of Tustin. (1) 2.8 No person under the age of twenty-one (21) shall sell or deliver alcoholic beverages. (1) 2.9 The off-site alcoholic beverage sales area within the building shall not occupy more than ten (10) percent of the gross floor area. (1) 2.10 The gross annual sales of alcohol shall not exceed fifty (50) percent of all sales within the establishment. (***) 2.11 All beverage cooler doors shall be installed with a remote locking system. Beverage cooler doors containing alcoholic beverages shall be locked between 12:00 am and 6:00 am, when not available to be sold. (7) 2.12 Refrigerated single serving beverage containers shall be located in an enclosed refrigeration unit no less than ten (10) feet from the point of sale and a minimum of five (5) feet from the entrance to the premises. Zoning Administrator Action 21-003 CUP 2021-0004— Exhibit A Page 4 (7) 2.13 No display, sale or distribution of alcoholic beverages shall be made from an ice tub, barrel or similar container. (7) 2.14 Alcoholic beverages in containers of less than sixteen (16) ounces cannot be sold by single containers, but must be sold in pre-packaged multi-unit quantities. (7) 2.15 There shall be no coin-operated games maintained on the premises at any time. (7) 2.16 The cash register must be visible from outside of the building at all times and shall not be obstructed at any time by temporary or permanent signage. (7) 2.17 A timed-access cash controller or drop safe must be installed. (7) 2.18 A silent armed robbery alarm must be installed and operable at all times. (1) 2.19 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) 2.20 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 Tustin Police Department, addressing at a minimum the following items: A. Identify individuals who are responsible for the premises. The list shall include contact information such as name, address, phone number, etc. and the list shall current and accurate. B. Handling obviously intoxicated persons. C. Establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior. D. Handling patrons involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s). E. Verifying age/checking identification of patrons. F. Calling the police regarding observed or reported criminal activity. (***) 2.21 The business owner shall 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. Zoning Administrator Action 21-003 CUP 2021-0004— Exhibit A Page 5 (7) 2.22 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. (7) 2.23 There shall be no window coverings or advertisements that reduce the visibility inside of the business. (1) 2.24 No outdoor storage is permitted nor display of materials shall be permitted. (7) 2.25 All signs shall comply with the Tustin Sign Code and the following: A. There shall be no exterior advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. No interior displays of alcoholic beverages or signs which are clearly visible to the exterior. B. The applicant shall post "NO LOITERING' sign prohibiting loitering on the exterior of the premises. (1) 2.26 No sexually oriented businesses shall be conducted on the premises without approval by the City of Tustin in accordance with the TCC.