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HomeMy WebLinkAbout01 ZA REPORT 7-ELEVEN ABC LICENSE DocuSign Envelope ID:33E46BOE-BB5F-4664-8BBC-B22B778CBOA8 ff--� ITEM #1 u AGENDA REPORT MEETING DATE: NOVEMBER 4, 2021 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2021-0024 APPLICANT: PROPERTY OWNER: BRUCE EVANS MICHAEL COFFMAN SOLOMAN, SALTSMAN & JAMIESON 7-ELEVEN, INCORPORATED 426 CULVER BOULEVARD 3200 HACKBERRY ROAD PLAYA DEL REY, CA 90293 IRVING, TX 75063 LOCATION: 610 W. FIRST STREET GENERAL PLAN: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP) ZONING: SPECIFIC PLAN 12, DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP, DEVELOPMENT AREA 1 (DA-1 OLD TOWN) ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO AUTHORIZE AN UPGRADE OF AN EXISTING TYPE 20 ABC LICENSE (OFF-SITE BEER AND WINE ONLY) TO A TYPE 21 ABC LICENSE (OFF-SITE BEER, WINE AND DISTILLED SPIRITS) AT AN EXISTING CONVENIENCE STORE LOCATED AT 610 W. FIRST STREET. DocuSign Envelope ID:33E46BOE-BB5F-4664-8BBC-B22B778CBOA8 ZA Report November 4, 2021 CUP 2021-0024 Page 2 - EIE� I r RECOMMENDATION: That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 21-009, approving Conditional Use Permit (CUP) 2021-0024 to authorize an upgrade of an existing Type 20 (off-site sale beer and wine only)ABC license to a Type 21 (off-site sale of beer, wine and distilled spirits) ABC license at an existing convenience store located at 610 W. First Street. APPROVAL AUTHORITY: The project site is within Development Area 1 (DA-1, Old Town) of SP-12 (DCCSP). Pursuant to DCCSP Table 3.1, off-site alcoholic beverage sales are permitted subject to the 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 approve CUP applications for off-site alcoholic beverage sales establishments. BACKGROUND: Location and Surrounding Properties The subject property, 610 W. First Street, is located at the southwest corner of First Street and Pacific Street (Figure 1). Multiple family units are located to the south of the subject property on Pacific Street. To the east of the site across Yorba Street, is Praise Chapel Tustin. To the west and north, are a variety of retail and commercial businesses. DocuSign Envelope ID:33E46BOE-BB5F-4664-8BBC-B22B778CBOA8 ZA Report November 4, 2021 CUP 2021-0024 Page 3 Project Site 7- Eleven (610 W. First Street) First Street Yn J 1 A �i 0) A a � r. Figure 1 —Aerial Map PROJECT DESCRIPTION: Project Summary The existing 7-Eleven convenience store is approximately 2,400 square feet and offers a full range of grocery and household items including but not limited to fresh food, salads and sandwiches, snacks, hot foods, tobacco products, beer, bottled drinks, fountain drinks, coffee, dairy and bakery items. The applicant is requesting to upgrade an existing Type 20 ABC (Beer and Wine) License to a Type 21 ABC License which would allow for the ancillary sale of beer, wine, and distilled spirits for off-site consumption as part of the existing convenience store operation. DocuSign Envelope ID:33E46BOE-BB5F-4664-8BBC-B22B778CBOA8 ZA Report November 4, 2021 CUP 2021-0024 Page 4 Coolers OWN.0 *M1* ENFL01'EE ins S.+[ C.sR ir.ar rare.a ar f51AgOM1 c- t BEVERAGE BAR 3`-lf►�' C F E is:Vr0 � -- co - FI ER F SALES .- `_ � [ ) Cash Register -g ! r 13 Building mow , Entranc1XI p � i Location of distilled spirits I 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 Table 3.1 of the DCCSP which lists off-site alcoholic beverage sales as a conditionally permitted use. TCC 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 the approval of a CUP issued by the Zoning Administrator. TCC Section 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 ancillary sale of alcoholic beverages is proposed to be established 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, Helen Estock School, is located more than 3,100 feet away from the existing convenience store. DocuSign Envelope ID:33E46BOE-BB5F-4664-8BBC-B22B778CBOA8 ZA Report November 4, 2021 CUP 2021-0024 Page 5 24-Hour Convenience Store and Alcohol Sales Hours The existing 7-Eleven convenience store operates twenty-four(24) hours a day, seven (7)days a week. The store's floor plan consists of a cash register/sales area, beverage bar, coffee island, pastry station, walk-in cooler, employee restroom, manager's officer, and several backrooms. The proposed sales of distilled spirts will be limited to an area not to exceed a twenty (20) square foot display area located behind the cash register (Figure 2). The proposed distilled spirits display will not be directly accessible by customers, and customers would be required to obtain store personnel assistance in order to make a distilled alcohol purchase. The applicant's request includes a proposal to allow the ancillary off-site sale of alcohol between 6:00 a.m. to 2 a.m., seven (7) days a week. The convenience store would continue to operate twenty-four(24) hours a day, seven (7) days a week. Pursuant to ZAA No. 21-009 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. Security In an effort to mitigate the occurrence of theft, responsible sales of off-site alcoholic beverages and additional security measures have been considered in conjunction 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. Pursuant to ZAA No. 21-009 Condition of Approval No. 2.20, the business owner or manager will be required to maintain a written security policy and procedures 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. There are fourteen (14) existing digital surveillance cameras located both at the interior and exterior of the store, that maintain recorded footage for at least thirty (30) days (Figure 3-Locations of Security Cameras). Furthermore, pursuant to Condition of Approval No. 2.23, the windows and low-profile displays, in addition to the minimal exterior window advertising, will improve visibility and allow law enforcement the ability to view the store interior from the street. DocuSign Envelope ID:33E46BOE-BB5F-4664-8BBC-B22B778CBOA8 ZA Report November 4, 2021 CUP 2021-0024 Page 6 6o' .,,6 drm"ra ora EMPLbrEE N i_ 6111111111,3k,m 2 ii 19' BEVERAGE &kl? U ' C�'FiE iSL.w+D � �-5'- BACKPop4M FASTFOOD y i • Ir3 STORAGE PASTRY i 4 WALK-IN (a)00 XZER k (6 40" a 3"-1DJ' 5"-11 - MG17. °- 5-72 1 l:y.LEs } !!LTJ1 (e} 4'-0J' SACKROOM Rill r 4'-9k g i Figure 3-Locations of Security Cameras Public Convenience and Necessity The project site is located within Census Tract No. 755.05, and a maximum of two (2) alcohol licenses for off-site consumption are generally allowed by ABC in the Census Tract based on the population in the tract. As reported by ABC, there are a total of eight (8) off-site licenses issued to businesses in the census tract. The applicant is proposing to upgrade the existing ABC license to an area that has an existing "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 upgrade 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. DocuSign Envelope ID:33E46BOE-BB5F-4664-8BBC-B22B778CBOA8 ZA Report November 4, 2021 CUP 2021-0024 Page 7 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 retail sale of a variety of alcoholic beverages 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. Parking The existing tenant space meets the current parking requirements. The existing use was previously approved for a convenience store use and the applicant is not proposing changes to the existing use. No additional parking is required to sell alcoholic beverages for off-site consumption. CONCLUSION: Analysis of CUP 2021-0024 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 ancillary off-site sale of beer, wine, and distilled spirits in conjunction with a 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. 21-009. Accordingly, staff recommends that the Zoning Administrator approve the request for CUP 2021-0024 authorizing an upgrade of an existing Type 20 (off- site sale beer and wine only)ABC license to a Type 21 (off-site sale of beer, wine and distilled spirits)ABC license at an existing convenience store DocuSigned by: Docu Signed by: I � �"at,u GEADB147C2289428- off ruks�vu 07A88E4E9_. Mary Salman Scott Reekstin Assistant Planner Principal Planner Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. ZAA No. 21-009 ATTACHMENT A LOCATION MAP Location Map 610 W First Street APN: 401-551-01 ,l 00 . f 1000 ft. 500 ft. ,. 300 ft. IV I .00 OOF t ' I 5 P �I . - . � + -TIF I I I�+ 4� - E 300 ft, 500 ft,and 1000 ft Radius ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2021-0024 2. LOCATION: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (SP 12, DA-1 OLD TOWN) 3. ADDRESS: 610 W. FIRST STREET, TUSTIN, CA 92780 4. APN(S): 401-551-01 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: CONDITIONAL USE PERMIT 78-25 6. SURROUNDING LAND USES: NORTH: COMMERCIAL/ RESIDENTIAL SOUTH: RESIDENTIAL EAST: COMMERCIAL/ RESIDENTIAL WEST: COMMERCIAL 7. SURROUNDING ZONING DESIGNATIONS: NORTH: Downtown Commercial Core Specific Plan (SP 12) SOUTH: Multiple Family Residential Cultural Resource District(R3 CR) EAST: Downtown Commercial Core Specific Plan (SP 12) WEST: Downtown Commercial Core Specific Plan (SP 12) 8. SURROUNDING GENERAL PLAN DESIGNATIONS: NORTH: Downtown Commercial Core Specific Plan (DCCSP) SOUTH: High Density Residential (HDR) EAST: Downtown Commercial Core Specific Plan (DCCSP) WEST: Downtown Commercial Core Specific Plan (DCCSP) 9. SITE LAND USE: EXISTING PROPOSED Use: Retail-Shopping Center No Change Zoning: Downtown Commercial Core Specific Plan No Change General Plan: Downtown Commercial Core Specific Plan No Change DEVELOPMENT FACTS: EXISTING PROPOSED 10. LOT AREA: 17,875 square feet/.41 acre No change PARKING SPACES 16 spaces No change SETBACKS "As Built' No change 11. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) N/A ATTACHMENT C SUBMITTED PLANS s A 0 mmmwmmwm 3p Fg m ru L a Ou ru s snr� roar �i m oil io w r w u Ail 17Y ® Q Qq ..1 1.� J l A V ■q o gk, � "'•" V A aw i A N N I i cv m V N � I Ln 7o�r IYIOaDlrrl QLaOGMI 1/fOmDAI � ® 7-ELEVEN N STORE # 17839 CA i 610 WEST 1ST STREET r TUSTIN. CA. 92780-2902 ATTACHMENT D ZAA NO. 21 -009 ZONING ADMINISTRATOR ACTION 21-009 CONDITIONAL USE PERMIT 2021-0024 610 W. FIRST 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) 2021-0024 was filed by Bruce Evans of Solomon, Saltsman, and Jamieson on behalf of 7- Eleven, Incorporated to request an upgrade of a Type 20 (beer and wine only) ABC license to a Type 21 (beer, wine and distilled spirits) ABC license at an existing convenience store, located at 610 W. First 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 and other 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, off-site alcoholic beverage sales establishments are allowable subject to the provisions contained within TCC Section 9271(dd) and the Alcoholic Beverage Sales Establishment Guidelines. 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 November 4, 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 ancillary off-site sale of alcoholic beverages can be authorized in conformance with Table 3.1 of the DCCSP which lists off-site alcoholic beverage sales as a conditionally permitted use. 2. The existing hours of operation of the convenience store are consistent with other the hours of other convenience stores in the community, and the proposed sale of alcoholic beverages for off- site consumption would be subject to the hours of operation Zoning Administrator Action 21-009 CUP 2021-0024 Page 2 established by ABC and are proposed and conditioned to be no later than 2:00 a.m. 3. The proposed off-site consumption of beer, wine, and distilled spirits in conjunction with a 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 the convenience store is located more than 1 ,000 feet from K-12 schools. 5. No expansion of the existing 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, and has no immediate concerns. 7. The proposed alcohol sales will not contribute negatively to the undue concentration of alcohol establishments in Census Tract No. 755.05 in that the business would add to the diversity of uses within one (1) of the City's major commercial centers and shall be required to comply with ABC's license restrictions and the proposed conditions of approval. Thus, it is determined that a public convenience and necessity would be served. 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 2021-0024, a request to upgrade a Type 20 (beer and wine only) ABC license to a Type 21 (beer, wine and distilled spirits)ABC license at an existing convenience store, located at 610 W. First Street. Zoning Administrator Action 21-009 CUP 2021-0024 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 4t" day of November, 2021 . JUSTINA L. WILLKOM ZONING ADMINISTRATOR VERA HURTADO RECORDING SECRETARY 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 21-009 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 4T" day of November, 2021 . VERA HURTADO RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2021-0024 610 W. FIRST STREET GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 4, 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 if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 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)2021-0024 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 21-009 CUP 2021-0024— 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 2021-0024 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 2021-0024, 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 2021-0024, 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 an upgrade from an existing Type 20 off-site sales license (beer and wine only) to a Type 21 off-site general sales license (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 21-009 CUP 2021-0024— Exhibit A Page 3 (1) 2.2 Authorization for off-site sales of alcohol in conjunction with the existing 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 of distilled spirits. (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 Business hours for the existing convenience store are 24-hours, Monday through Sunday. (1) 2.6 No sale of alcoholic beverages shall take place between 2:00 a.m. and 6:00 a.m. or as limited by the CUP and/or the Department of Alcoholic Beverage Control. (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 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 21-009 CUP 2021-0024— 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 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 21-009 CUP 2021-0024— Exhibit A Page 5 A. Electronic copies of videos shall be made available to the Tustin Police Department within forty-eight (48) hours of request. B. Digital recording shall be made available for viewing on-scene upon request by a Police Officer. C. The business shall retain video surveillance for at least one (1) month. D. All video surveillance cameras must record in color, with digital recording to DVR and able to record in low-light. E. All managers and employees shall be trained to access video recordings in order to provide recordings to law enforcement personnel. (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. 2.26 If pay telephones are provided, they shall be located within the approved structure. The pay phones shall be programmed to prohibit incoming calls. The location of the pay phones outside the convenience store is prohibited. (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.