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HomeMy WebLinkAboutZA MEETING PACKET 9-16-21 AGENDA ZONING ADMINISTRATOR MEETING (VIA ZOOM) SEPTEMBER 16, 2021 Public access to Citv Hall is prohibited. If you would like to provide public input please contact Vera Hurtado at (714) 573-3106 or via email at vhurtad0'1,tustinca.or2. Thank you for vour patience during this time. CALL TO ORDER: 10:00 a.m. (via Zoom) ROLL CALL: Justina Willkom, Zoning Administrator PUBLIC CONCERNS: Vera to check if any email(s) received during meeting. CONSENT CALENDAR: None PUBLIC HEARING: 1. CONDITIONAL USE PERMIT (CUP) 2021-0022 APPLICANT: DEVIN DUGAN IMPROVCITY 560 EL CAMINO REAL TUSTIN, CA 92780 PROPERTY OWNER: JONATHAN M. POVEY ON BEHALF OF CELEST POVEY P.O. BOX 985 VERDI, NV 89439 LOCATION: 138 WEST MAIN STREET ENVIRONMENTAL STATUS: This project is Categorically Exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. REQUEST: A request to offer alcoholic beverage sales for on-site consumption in conjunction with accessory live entertainment performed by students and instructors of an existing improvisation instructional studio. RECOMMENDATION: That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 21-007, approving Conditional Use Permit (CUP) 2021-0022 to allow the sale of beer for on- site consumption (Alcoholic Beverage Control License Type 40) in conjunction with Zoning Administrator Agenda September 16, 2021 Page 2 accessory live entertainment performed by students and instructors of an existing improvisation instructional studio. REGULAR BUSINESS: None ADJOURNMENT: The date of the next meeting of the Zoning Administrator will be scheduled when items are set for hearing. DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 -- AGENDA REPORT ITEM 91 MEETING DATE: SEPTEMBER 16, 2021 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2021-0022 APPLICANT: PROPERTY OWNER: DEVIN DUGAN JONATHAN M. POVEY IMPROVCITY ON BEHALF OF CELEST POVEY 560 EL CAMINO REAL P.O. BOX 985 TUSTIN, CA 92780 VERDI, NV 89439 LOCATION: 138 WEST MAIN STREET GENERAL PLAN: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP) ZONING: SPECIFIC PLAN 12, DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP, DEVELOPMENT AREA 4 (DA-4, OLD TOWN) CULTURAL RESOURCE DISTRICT (CRD), AND COMBINING PARKING (P) DISTRICT ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: A REQUEST TO OFFER ALCOHOLIC BEVERAGE SALES FOR ON-SITE CONSUMPTION IN CONJUNCTION WITH ACCESSORY LIVE ENTERTAINMENT PERFORMED BY STUDENTS AND INSTRUCTORS OF AN EXISTING IMPROVISATION INSTRUCTIONAL STUDIO LOCATED AT 138 W. MAIN STREET. DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 Zoning Administrator September 16, 2021 CUP 2021-0022 Page 2 t'v AL m i Figure 1: 138 W. Main Street RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 21-007, approving Conditional Use Permit (CUP) 2021-0022 to allow the sale of beer for on-site consumption (Alcoholic Beverage Control License Type 40) in conjunction with accessory live entertainment performed by students and instructors of an existing improvisation instructional studio located at 138 W. Main Street. APPROVAL AUTHORITY The project site is within Development Area 4 (DA-4, Old Town) of SP-12 (DCCSP). Pursuant to DCCSP Table 3.1 , Commercial Permitted Use Table, alcoholic beverage sales are conditionally permitted. Pursuant to Section 9299b3g, the Zoning Administrator has the authority to review and approve CUPs for alcoholic beverage sales establishments. BACKGROUND/DISCUSSION Location and Surrounding Properties The project site is located in Old Town Tustin and is surrounded by a retail store and restaurant to the west, an office use and vacant lot to the north, a music store/instruction business and a vacant lot to the east, and the City parking structure to the south. The project site is within one (1) of three (3) adjacent buildings that were constructed in 1914. DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 Zoning Administrator September 16, 2021 CUP 2021-0022 Page 3 The building is an example of the Neo-Classical Revival style in Tustin, and is associated with early Tustin residents. No changes are proposed to the exterior of the historic building. . } J CD Project PI Main St. 4� Site .;;�' •�'+ � annual 4 ural' ,t r' .®. •,�., i .11111 h ,„ livalr 11111111' ... -► . 1111111' w z � ���,� •...� 111111 0" •••>>. 1. �`s'. ~'., ..c..-.w nr^zs++,. -.. '^7k. .'4� 11111111. �11111N �' � r arra� $,• {„� Figure 2 -Aerial Map Project Summary The existing business at 138 W. Main Street is called ImprovCity and is an improvisation instructional studio with accessory live entertainment (showcases) performed by students of the instructional studio. The live entertainment showcases were approved by the Zoning Administrator on April 29, 2021, pursuant to CUP 2021-0005 (ZAA 21-002). The applicant is requesting authorization to sell beer for on-site consumption only (Type 40 License) during the showcases within the existing 2,450 square-foot tenant space. The establishment includes a 168 square-foot stage and a 900 square-foot seating area. DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 Zoning Administrator September 16, 2021 CUP 2021-0022 Page 4 24P-611 ADA I)Q 3 Restroom 4_� C Single Restroom 6'-0'° � ,Food&Beer Stored and Served O 00 O I I I I I I Seating to `1 I Area N I N I I I I I North I I I Not to Scale I — — — — — — — — — ntranc Sidewalk Figure 3- Floor Plan 138 W. Main Street Alcoholic Beverage Sales The sale of alcoholic beverages for on-site consumption can be authorized in conformance with the City's Alcoholic Beverage Sales Establishment Guidelines as adopted by the Planning Commission on March 13, 2018, and Tustin City Code (TCC) Section 9271(dd). Pursuant to TCC Section 9271(dd), on-site alcoholic beverage sales are exempt from distance separation requirements to sensitive uses and other alcoholic beverage sales establishments. As proposed and pursuant to proposed Conditions of Approval No. 2.5 of ZAA 21-007, food would be available during all hours when beer is offered for sale and when the showcases are conducted, and all activities will be contained within the walls of the existing establishment. Business Hours Pursuant to ZAA 21-002, the applicant's business model includes an instructional studio that teaches the skills necessary to perform the improvisation (comedy showcase) performances. The live entertainment showcases include music, drama or verse performed by the workshop students and may occur on a daily basis between 7:30 PM and 11 :00 PM, with forty-five (45) minutes between the completion of the first showcase and the start of the second showcase. The business has been operating during the hours DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 Zoning Administrator September 16, 2021 CUP 2021-0022 Page 5 shown in Figure 4, and the Tustin Police Department has no concerns regarding the ongoing hours of operation. Day Business/Instructional Live Entertainment Hours Hours Two Showcases Back to Back Sunday 11:00 AM —8:30 PM 7:30 PM — 11:00 PM Monday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Tuesday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Wednesday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Thursday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Friday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Saturday 11:00 AM-8:00 PM 7:30 PM — 11:00 PM Figure 4—Hours of Operation Parking The proposed addition of alcohol sales will not result any additional parking requirements for the existing business since it will be an accessory use. The applicant plans to continue operating in accordance with previously approved CUP 2021-0005 (ZAA 2021-002) which allows the accessory live entertainment. CUP 2021-0005 limits the instructional studio to a maximum of one (1) instructor and twenty-seven (27) students at any one (1) time, and a maximum of thirty (30) persons during live entertainment performances. Public Convenience and Necessity The project site is located within Census Tract No. 755.01. According to the Department of Alcoholic Beverage Control (ABC), a maximum of four (4) alcohol licenses for on-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 thirty-five (35)on-site licenses in the Census Tract. The applicant is proposing to add another license (Type 40, beer only)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 40 (beer only) license in order for the business to obtain the alcohol license from ABC. The subject property is located within the DCCSP adopted by the City Council in 2018. The purpose of the DCCSP is to provide a planning and regulatory framework to preserve and enhance the planning area as a vital, pedestrian friendly, and attractive commercial core in Tustin and drawing more patrons to Old Town Tustin by embracing, preserving and promoting its unique historic character. The proposed use complements and provides an amenity for the adjacent uses, maintaining a mix of uses in the DCCSP. DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 Zoning Administrator September 16, 2021 CUP 2021-0022 Page 6 As proposed, the sale of beer will be ancillary to the primary use of the business as an improvisation instructional studio with ancillary live performances by students on a regular basis. The improvisation studio is intended to encourage and teach live speaking in a group setting. The students perform improvisation speeches for friends, family and the general public to gain experience. The service of beer would only occur during the ancillary live entertainment performances by the students of the instructional studio. The proposed use will operate in accordance with City laws, ordinances, and conditions of approval that ensure the continuity of the compatible co-existence of this use in the surrounding area. 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 on-site sale of beer (Type 40) would add to the diversity of uses within the DCCSP. Therefore, the proposed alcohol sales will not contribute negatively to the undue concentration of alcohol establishments in the Census Tract. Findings F(7) and F(8) of ZAA 21-007 constitute the City's determination of public convenience and necessity for the proposed alcohol sales. CONCLUSION Analysis of CUP 2021-0022 has determined that the establishment, maintenance, and operation of the on-site Type 40 alcoholic beverage (beer only) sales will not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of the proposed use, nor be injurious, 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 on-site consumption of beer in conjunction with accessory live entertainment performed by students and instructors of an existing improvisation instructional studio, 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 21-007. Accordingly, staff recommends that the Zoning Administrator adopt ZAA 21-007, approving CUP 2021-0022 to allow the sale of beer for on-site consumption (ABC License Type 40) in conjunction with accessory live entertainment performed by students and instructors of an existing improvisation instructional studio located at 138 W. Main Street. rD1oc Signed by: Elloc,S,gnell by: O&A, of rt,dsS v, 15DF594829AC4A0... FADR147C;7289418 Elaine Dove, AICP, RLA Scott Reekstin Senior Planner Principal Planner Attachments: A. Location Map & Land Use Fact Sheet B. Submitted Plans C. Zoning Administrator Action 21-007 DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 ATTACHMENT A LOCATION MAP LAND USE FACT SHEET DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 Radius Map 138 W Main Street APN: 401-622-02 1000 ft. 500 ft. 300 ft. � 1 300 ft, 500 ft, and 1000 ft Radius DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 LAND USE APPLICATION FACT SHEET IMPROVCITY- 138 W MAIN STREET 1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT (CUP) 2021-0022 2. LOCATION: SOUTH SIDE OF MAIN STREET, APPROX. 200 FEET WEST OF EL CAMINO REAL 3. ADDRESS: 138 WEST MAIN STREET 4. LOT: TRACT 793, LOT 7 5. APN: 401-622-02 6. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: CUP 2021-0005 (Instructional studio for improvisation workshops and live showcases) 7. SURROUNDING LAND USES: NORTH: OLD TOWN COMMERCIAL SOUTH: CITY PARKING GARAGE EAST: OLD TOWN COMMERCIAL WEST:OLD TOWN COMMERCIAL 8. SURROUNDING ZONING DESIGNATION: NORTH: SP-12/CR, P DISTRICTS SOUTH: SP-12/CR, P DISTRICTS EAST: SP-12/CR, P DISTRICTS WEST: SP-12/CR DISTRICT 9. SURROUNDING GENERAL PLAN DESIGNATION: NORTH DCCSP SOUTH: DCCSP EAST: DCCSP WEST: DCCSP 10. SITE LAND USE: A. EXISTING: INSTRUCTIONAL STUDIO AND IMPROV/LIVE ENTERTAINMENT PROPOSED: SAME, WITH BEER SALES B. GENERAL PLAN: DCCSP PROPOSED: SAME C. ZONING: SP-12/CR DISTRICT PROPOSED: SAME DEVELOPMENT FACTS: 11. LOT AREA: 2,614 SF 12. BUILDING LOT COVERAGE: 100% MAX. PERMITTED N/A PROPOSED 13. SITE LANDSCAPING: N/A REQUIRED N/A PROPOSED 14. PARKING: LEGAL NONCONFORMING (2 SP.) EXISTING NO CHANGE PROPOSED DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 15. BUILDING HEIGHT: 4 STORIES MAX N/A PROPOSED 16. BUILDING SETBACKS: N/A FRONT (MAIN ST) ZERO (0) FEET REQUIRED N/A PROPOSED SIDE ZERO (0) FEET REQUIRED N/A PROPOSED REAR: ZERO(0) FEET REQUIRED N/A_ PROPOSED DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 ATTACHMENT B SUBMITTED PLANS DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 B STREET t ift i�tw SD• a � + �SO• ^ dsiJRaV' aw.�r• sxaa• N f y 9a ,^r ♦ ALr W' wear' a�oM3 ................ or a ta! # {!1. ' ; '.I=a 3► ice- 2 a sin n tiJVVJ o0'++ �3 +pan• � ;� n ccSt: ' arca' a n �_,z C0�` tiff STREET srREa'V STREET a r � 25o y t*j a o ---- FQ r as s pyo a► '� 1� 1'° W w - !V b isa 1 1 +A A A at M �►fl3D iY � — 1 1a o \ �ts1�t�N :na i � je IN tA. aar ° a lr�io 1 1�s es >' — EL CAAAAV to PEW. $ 7�. 2► r sem. 10 ur.ys• m�.u• rae- a*• t V sq' i w _ v ,O � 1 2 kc PPOSPE AVcb CT t m zaa n O W co Orn R ICi'� IS +D1 r ; - 4140jr �y �i• C,11 F — t rr gy=m r� T% hA C11 : s W DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 .a _ a i i I t i i� a li/k DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 ATTACHMENT C ZONING ADMINISTRATOR ACTION 21 -007 DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 ZONING ADMINISTRATOR ACTION 2021-007 CONDITIONAL USE PERMIT 2021-0022 138 WEST MAIN STREET 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) 2021-0022 was filed by Devin Dugan of ImprovCity to allow the sale of beer for on-site consumption (Alcoholic Beverage Control License Type 40) in conjunction with accessory live entertainment performed by students and instructors of an existing improvisation instructional studio located at 138 W. Main Street. B. That the proposed use is consistent with the Downtown Commercial Core Specific Plan (DCCSP), 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 the DCCSP, on-site alcoholic beverage sales establishments are allowable subject to the provisions contained within TCC Section 9271(dd) and Alcoholic Beverage Sales Establishment Guidelines. D. That pursuant to TCC Sections 9299b(3)(g) and 9299(b) the Zoning Administrator has the authority to consider requests for on-site alcoholic beverage sales establishments. E. That a public hearing was duly called, noticed, and held for CUP 2021-0022 on September 16, 2021 , by the Zoning Administrator. F. That the establishment, maintenance, and operation of the on-site alcoholic beverage sales in conjunction with live entertainment showcases performed by students of the instructional studio 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 an instructional studio with live entertainment performed by students of the instructional studio, is allowed within the DCCSP with the approval of a CUP. 2) Pursuant to TCC Section 9271(dd), on-site alcoholic beverage sales are exempt from distance separation requirements to sensitive uses and other alcoholic beverage sales establishments. DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 Zoning Administrator Action 21-007 CUP 2021-0022 Page 2 3) The proposed on-site consumption of beer within an existing establishment that offers live entertainment showcases performed by students of the instructional studio is consistent with the Alcoholic Beverage Sales Establishment Guidelines, TCC Section 9271(dd), and Ordinance No. 1493 that support economic development opportunities to remove hurdles and zoning obstacles that have prohibited the expansion and/or attraction of alcoholic beverage establishments in the City. 4) The on-site consumption of alcoholic beverages would be in conjunction with live entertainment showcases performed by students of an instructional studio where food will be served at all times when alcoholic beverages are served. 5) No expansion of the existing instructional studio and accessory live entertainment use is proposed; therefore, no parking impacts are anticipated. 6) The Tustin Police Department has reviewed the application, and has no immediate concerns. 7) Although an undue concentration of alcohol establishments as defined by the Department of Alcoholic Beverage Control (ABC) exists in the area, compliance with ABC's license restrictions, the 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 will add to the number of alcohol licenses; however, the additional on-site sale of beer (Type 40) would add to the diversity of uses within the DCCSP. 8) The proposed alcohol sales will not contribute negatively to the undue concentration of alcohol establishments in Census Tract No. 755.01 . Thus, it is determined that a public convenience and necessity would be served. II. The Zoning Administrator hereby approves Zoning Administrator Action (ZAA) No. 21- 007, approving CUP 2021-0022 to allow the sale of beer for on-site consumption (ABC License Type 40) in conjunction with accessory live entertainment performed by students and instructors of an existing improvisation instructional studio located at 138 W. Main Street, subject to the conditions contained within Exhibit A, attached hereto. DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 Zoning Administrator Action 21-007 CUP 2021-0022 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 16th day of September, 2021 . JUSTINA L. WILLKOM ZONING ADMINISTRATOR VERA HURTADO RECORDING SECRETARY DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 Zoning Administrator Action 21-007 CUP 2021-0022 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, VERA HURTADO, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 21-007 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 16th day of September, 2021 . VERA HURTADO RECORDING SECRETARY DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 EXHIBIT A ZONING ADMINISTRATOR ACTION 21-007 CONDITIONAL USE PERMIT 2021-0022 CONDITIONS OF APPROVAL 138 WEST MAIN STREET GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 16, 2021 , on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. (1) 1.2 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) 1.3 Approval of Conditional Use Permit (CUP)2021-0022 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 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. (1) 1.4 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 proceedings. (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 2021-0022 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 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 DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 Zoning Administrator Action 21-007 Exhibit A Page 2 conditions of approval. If the use is not operated in accordance with CUP 2021-0022, 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) 1.7 As a condition of approval of CUP 2021-0022, 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. (1) 1.9 Approved uses shall comply within all applicable State and County requirements, and the TCC. Any violations of the regulations of the California 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. *** 1.10 All conditions of approval for CUP 2021-0005 (ZAA 2021-002) shall remain in full force and effect for as long as the business continues to operate. (7) 2.1 The live entertainment activities and sale of alcoholic beverages may occur between 7:30 PM and 11:00 PM unless otherwise restricted by the Zoning Administrator. 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. DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 Zoning Administrator Action 21-007 Exhibit A Page 3 USE RESTRICTIONS (1) 2.2 This approval authorizes Type 40 on-site sales of beer only. Any changes and/or upgrades to the ABC License shall be reviewed and require approval by the Community Development Director. (1) 2.3 Authorization for on-site sales, 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 the primary use of the site, the use permit shall be deemed null and void. (1) 2.4 The applicant shall obtain the appropriate license from the 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) 2.5 Food must be served whenever the privileges of the on-sale license are being exercised. (1) 2.6 All live improvisation entertainment seating shall be contained within the walls of the existing establishment. No outdoor seating for the purpose of serving food or beverages to customers was or would be considered as part of this project for the present use. (5) 2.7 If requested by the Tustin Police Department (TPD), business 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 TPD. Electronic copies of videos shall be made available to the TPD 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. (7) 2.8 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 ABC 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) 2.9 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. DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 Zoning Administrator Action 21-007 Exhibit A Page 4 (1) 2.10 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) 2.11 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) 2.12 No off-site sale or consumption of alcohol is authorized. (1) 2.13 All persons serving alcoholic beverages within the establishment must be twenty-one (21) years of age or older. (1)(7) 2.14 There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if it functions as food and beverage service bar or lounge area. (1) 2.15 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)(7) 2.16 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)(7) 2.17 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) 2.18 There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (1)(7) 2.19 Games or contest requiring or involving consumption of alcoholic beverages shall be prohibited. (1)(7) 2.20 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 TPD. DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 Zoning Administrator Action 21-007 Exhibit A Page 5 (1) 2.21 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) 2.22 The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, which have been approved by the TPD, 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. Procedures for handling obviously intoxicated persons. c. 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. d. 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). e. Procedures for verifying the age of patrons for purposes of alcohol sales. f. 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. g. Procedures for calling the TPD regarding observed or reported criminal activity. h. Procedures for management of queuing lines. i. The location and description of any video games proposed to be on the premises. (7) 2.23 All exterior doors and windows shall be closed during the hours of live entertainment or music, except to allow ingress or egress of patrons, or in the case of emergencies. All exterior doors and windows shall be an adequate acoustic barrier, and shall not consist solely of a screen or ventilated security door. (7) 2.24 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 DocuSign Envelope ID:43E9A22B-BOA5-47D6-9654-847515E66663 Zoning Administrator Action 21-007 Exhibit A Page 6 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) 2.25 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) 2.26 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) 2.27 No sexually oriented businesses shall be conducted on the premises without approval by the City of Tustin in accordance with the TCC. FEES (1)(5) 3.1 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 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.