HomeMy WebLinkAbout03 PC REPORT BRASS MONKEY 14401 NEWPORT AVENUE DocuSign Envelope ID:2D1 6DDFE-86F4-4E1 5-AE86-7A84037AC925
AGENDA REPORT ITEM 93
MEETING DATE: MARCH 8, 2022
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 2021-0019 AND
CONDITIONAL USE PERMIT 2021-0020
APPLICANT: EDWARD OJEDA
SCAN A CART LLC
17881 SKY PARK CIRCLE, SUITE G
IRVINE, CA 92614
PROPERTY OWNER: TOM CHOU
CHOU NEWPORT PLAZA PARTNERS, LLC
3 WHANEY, #100
IRVINE, CA 92618
LOCATION: 14401 NEWPORT AVENUE
GENERAL PLAN: COMMUNITY COMMERCIAL (CC)
ZONING: RETAIL COMMERCIAL DISTRICT (Cl)
ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT
TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
REQUEST: A REQUEST TO AUTHORIZE ON-SITE ALCOHOLIC
BEVERAGE SALES (TYPE 47 LICENSE) AND LIVE
ENTERTAINMENT IN CONJUNCTION WITH A 3,167 SQUARE
FOOT RESTAURANT ESTABLISHMENT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4446 approving Conditional Use
Permit (CUP) 2021-0019, to authorize on-site alcoholic beverage sales (Type 47 license);
and adopt Resolution No. 4447 approving CUP 2021-0020 to authorize live
entertainment, in conjunction with a 3,167 square foot restaurant establishment at 14401
Newport Avenue.
DocuSign Envelope ID:2D16DDFE-86F4-4E15-AE86-7A84037AC925
PC Report
March 8, 2022
CUP 2021-0019, CUP 2021-0020
Page 2
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Existing Building/Suite
APPROVAL AUTHORITY:
• On-Site Alcohol Beverage Sales:
The project site is located within the Retail Commercial (Cl) zoning district where
alcoholic beverage sales establishments are listed as conditionally permitted uses
pursuant to Tustin City Code (TCC) Section 9232b, and subject to TCC Section
9271(dd) and the Planning Commission's Guidelines for Alcoholic Beverage Sales
Establishments. TCC Section 9299 and the Planning Commission's Guidelines for
Alcoholic Beverage Sales Establishments authorize the Zoning Administrator to
make determinations on application requests for alcoholic beverage sales
establishments, but TCC Section 9299 also provides the Zoning Administrator the
right to forward any matter to the Planning Commission for consideration and action.
The CUP for on-site alcohol beverage sales, in conjunction with a restaurant
establishment, is being forwarded to the Planning Commission so it can be
considered in conjunction with the CUP for live entertainment, which requires review
by the Planning Commission.
• Live Entertainment:
Pursuant to TCC Section 9270e, the presentation of live entertainment requires the
approval of a CUP and is subject to the provisions set forth in TCC Sections 3231-
3237 regarding live entertainment permits. TCC Section 9291 authorizes the
Planning Commission to make determinations on application requests for CUPs.
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PC Report
March 8, 2022
CUP 2021-0019, CUP 2021-0020
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BACKGROUND:
Site and Surrounding Properties
The project site is located within the Retail Commercial (Cl)zoning district and is designated
as Community Commercial (CC) by the General Plan which allows for a variety of retail,
professional office, and service-oriented business activities serving a community-wide area
and population. The subject property is located on an approximate 1.07-acre site known as
the Newport Plaza commercial center. Newport Plaza is improved with a 12,711 square-
foot, multi-tenant, single-story building. The commercial center was constructed in 1965 and
is located south of McFadden Avenue, northwest of Newport Avenue, and east of another
commercial center and Walnut Avenue (Figure 2). Commercial uses are adjacent in all
directions, in addition to multi-family residential in close proximity to the project site
(Figures and 2 and 3). Current uses within the center include hair salons, a nail salon, a
dental office, a small grocery store, fast-food restaurants, a threading studio, a pet
grooming salon, and a martial arts studio (Figure 4).
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Aerial View
DocuSign Envelope ID:2D16DDFE-86F4-4E15-AE86-7A84037AC925
PC Report
March 8, 2022
CUP 2021-0019, CUP 2021-0020
Page 4
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Surrounding Zoning Map
Prior Establishment of Alcoholic Beverage Sales and Live Entertainment
In 1996, McClure's Bar and Grill obtained a business license to occupy the subject suite as
a restaurant, and obtained City approval of live entertainment as an accessory use of the
existing bona fide restaurant business. On March 28, 2005, the Planning Commission
adopted Resolution No. 3965 approving CUP 04-032 authorizing live entertainment
consisting of up to four (4) performers in conjunction with an existing restaurant (McClure's
Bar & Grill). On January 8, 2007, the Zoning Administrator adopted ZAA No. 07-001
approving CUP 06-004 authorizing a two hundred and forty-nine (249) square foot semi-
enclosed patio to accommodate patrons that smoke at an existing 2,357 square foot
restaurant (McClure's). No outdoor restaurant seating was authorized in conjunction with
the restaurant use. Since this approval, at least two (2) restaurant businesses (McClure's
and Marty's on Newport) have located within this tenant space, and tenant improvements
have been completed to increase the square footage of the tenant space to 3,167 square
feet. Marty's on Newport obtained a business license to occupy the subject suite as a
restaurant, but has since closed and the business license expired in 2018.
DocuSign Envelope ID:2D1 6DDFE-86F4-4E1 5-AE86-7A84037AC925
PC Report
March 8, 2022
CUP 2021-0019, CUP 2021-0020
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Figure 4
Existing Street view
DISCUSSION:
Project Summary
The applicant is requesting authorization to sell alcoholic beverages (Type 47 license) for
the on-site consumption of beer, wine, and distilled spirits, and live entertainment in
conjunction with a 3,167 square foot restaurant (Brass Monkey Restaurant) located at
14401 Newport Avenue. The proposed restaurant (within the existing restaurant space)
would include an approximate 655 square foot kitchen and an approximate 1,650 square
foot dining and service area. The restaurant would have 13 tables with seating for 68
patrons, and 19 seats at the bar (Figure 5). Food would be sold during all hours the
restaurant is open for business. The project involves minor alterations to interior walls within
the existing restaurant facility and no exterior modifications (Attachment C- Submitted
Plans).
The applicants indicated they plan to refurbish the interior and exterior spaces, make all
necessary repairs, and bring the entire space up to current codes. The applicant's vision for
Brass Monkey Restaurant is an approachable, but refined restaurant experience serving
gastropub style food and classic cocktails with a twist. They would like to have live music,
including karaoke, DJs, and small acoustic bands and singers. The interior space will include
mid-century modern furniture, lighting, and decor with pool tables and current pop-art murals
on the walls (Figure 6 - Interior Rendering).
DocuSign Envelope ID:2D16DDFE-86F4-4E15-AE86-7A84037AC925
PC Report
March 8, 2022
CUP 2021-0019, CUP 2021-0020
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Interior Rendering
DocuSign Envelope ID:2D16DDFE-86F4-4E15-AE86-7A84037AC925
PC Report
March 8, 2022
CUP 2021-0019, CUP 2021-0020
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Alcoholic Beverage Sales
The sale of beer, wine, and distilled spirits for on-site consumption can be authorized in
conjunction with a "bona fide" restaurant use in conformance with the City's Alcohol
Beverage Sales Establishment Guidelines as amended by the Planning Commission and
the applicable zoning code regulations adopted by the City Council on September 4, 2018
through Ordinance 1493. The sale and consumption of alcoholic beverages is proposed
within the interior restaurant space only. The applicants have submitted a statement which
indicates that they will operate the facility as a restaurant(Attachment D: Business Operation
Letter dated January 4, 2022). Planning Commission Resolution No. 4446 (Attachment E)
contains conditions that are consistent with the City's Alcoholic Beverage Sales
Establishment Guidelines for on-site sale and consumption of alcohol in conjunction with a
restaurant. If approved, the project will be conditioned to ensure that the establishment
remains a restaurant.
Live Entertainment
The proposed live entertainment within the restaurant establishment would consist of up to
three (3)-member bands/performers such as Reggae bands, Jazz trios for brunch, DJs on
Fridays and Saturday, and performers with Latin flair. The live entertainment would be
provided in a designated entertainment area located in the dining area as shown on the
Floor Plan (Figure 5). Pursuant to TCC Section 3236(b)and Condition of Approval No. 2.10
of proposed Resolution No. 4447(Attachment F), the entertainment area shall not be visible
from the outside of the premises. The proposed live entertainment use is subject to the
issuance of a live entertainment permit pursuant to Article 3 of the TCC, and must comply
with all applicable standards.
Noise
As with all proposals for indoor live entertainment, there is the potential for noise impacts
to adjacent uses. While the property does not abut any residential properties, the
restaurant is in close proximity to other restaurants and retail establishments where noise
could impact business operations. The project is conditioned to require the applicant to
comply with the Tustin Noise standards related to interior and exterior noise at all times.
In addition, the applicant is required to mitigate any noise problems if the City determines
in the future that such problems have occurred as a result of the approved live
entertainment. For establishments with a live entertainment permit pursuant to the TCC,
all exterior doors and windows will be closed during the hours of such entertainment or
music, except to allow ingress or egress of patrons, or in the case of emergencies. All
exterior doors and windows shall serve as an adequate acoustic barrier, and shall not
consist solely of a screen or ventilated security door.
Parking
Since no expansion is proposed to the existing restaurant space, no additional parking
spaces would be required for the use.
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PC Report
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CUP 2021-0019, CUP 2021-0020
Page 8
Hours of Operation
The applicant proposes to operate the restaurant with on-site alcoholic beverage sales
between the hours of 11 :00 AM to 12:00 AM, Monday through Wednesday, 11:00 AM to
1:30 AM, Thursday through Saturday, and 9:00 AM to 9:00 PM on Sunday. The applicant
proposes to provide the live entertainment within the restaurant between the hours of 7:00
PM to 11:00 PM, Thursday through Saturday. The proposed hours are consistent with the
hours of operation of other similar businesses in the vicinity.
Operating Hours
Monday through Sunday
Opening Hour I Closing Hour
Restaurant with on- Monday through Wednesday
site alcohol sales 11:00 AM 1 12:00 AM
Thursday through Saturday
11:00 AM 1 1:30 AM
Sunda
9:00 AM 1 9.00 PM
Live Entertainment Thursday through Saturda
7:00 PM 11.00 PM
Security
The Tustin Police Department has requested security cameras be installed on the building
and in the parking areas and at entries/exits to and from the site. The requirement for
security cameras is noted in Condition of Approval No. 2.18 of Resolution No. 4446 and
is subject to approval by the Tustin Police Department. In addition to security cameras,
the owner or manager of the licensed premises shall maintain on the premises a written
security policy and procedures manual, which has been approved by the Tustin Police
Department.
Environmental Review
This project is categorically exempt pursuant to Section 15301 (Class 1) of the California
Environmental Quality Act (CEQA).
Conclusion
Based on the findings provided, staff recommends the Planning Commission adopt
Resolution 4446 (Attachment E) approving CUP 2021-0019 to authorize on-site alcoholic
beverage sales (Type 47 license) and Resolution 4447 (Attachment F) approving CUP
2021-0020 to authorize live entertainment consisting of up to three (3) performers in
conjunction with a 3,167 square foot restaurant establishment located at 14401 Newport
Avenue.
DocuSign Envelope ID:2D16DDFE-86F4-4E15-AE86-7A84037AC925
PC Report
March 8, 2022
CUP 2021-0019, CUP 2021-0020
Page 9
.-...DocuSigned by: �----DocuSigned by:
L48DE9B3EB4D246F... �ED45DA2623B54A5...
Leila Carver Justina L. Willkom
Senior Planner Consultant Community Development Director
Attachments:
A. Location Map
B. Land Use Application Fact Sheet
C. Submitted Plans
D. Business Operations Letter
E. Resolution No. 4446
F. Resolution No. 4447
ATTACHMENT A
LOCATION MAP
Radius Map
14401 Newport Avenue
CUP-2021-0019 & CUP-2021-0020
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ATTACHMENT B
LAND USE APPLICATION FACT SHEET
LAND USE APPLICATION FACT SHEET- 14401 NEWPORT AVENUE
1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT (CUP-2021-0019) FOR
ABC LICENSE, CONDITIONAL USE PERMIT (CUP-2021-0020) FOR LIVE ENTERTAINMENT
2. LOCATION: VICINITY OF THE INTERSECTION OF MCFADDEN AVENUE, WALNUT AVENUE
AND NEWPORT AVENUE.
3. ADDRESS: 14401 NEWPORT AVENUE
4. APN: 402-152-03
5. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY:
CUP 06-004: OUTDOOR DINING
CUP 04-032: LIVE ENTERTAINMENT
7. SURROUNDING LAND USES:
NORTH: COMMERCIAL EAST: COMMERCIAL
SOUTH: COMMERCIAL WEST: COMMERCIAL
8. SURROUNDING ZONING DESIGNATION:
NORTH: C1 (Retail Commercial); EAST: C1 (Retail Commercial)
CG-PUD (Commercial General- R3 (Multiple Family Residential)
Planned Unit Development)
SOUTH: C1 (Retail Commercial) WEST: C1 (Retail Commercial)
CG (Commercial General) R3 (Multiple Family Residential)
9. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH: CC (Community Commercial); EAST: CC (Community Commercial);
HDR (High Density Residential) HDR (High Density Residential)
SOUTH: CC (Community Commercial) WEST: CC (Community Commercial);
HDR (High Density Residential)
10. SITE LAND USE
EXISTING PROPOSED
A. LAND USE: COMMERCIAL NO CHANGE
B. GENERAL PLAN: CC NO CHANGE
C. ZONING: C1 NO CHANGE
DEVELOPMENT FACTS:
11. LOT AREA: 46,174 SF
EXISTING PROPOSED
12. PARKING: 62 SPACES NO CHANGE
13. BUILDING HEIGHT: 1 STORY NO CHANGE
ATTACHMENT C
SUBMITTED PLANS
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ATTACHMENT D
BUSINESS OPERATIONS LETTER
¢cc"EM�Srs 4 JANUARY 202-11
Planning Department
City of Tustin
300 Centennial Way
s1s��3Ha�d ��y Tustin,CA 92780
To Whom it May Concern,
This letter serves as a Project Narrative/Request Letter for our concept
Leonard Chan at the previous location of Marty's on Newport formerly located at
221 Orange Blossom 14401 Newport Ave,Tustin,CA 92780.
Irvine,CA 92618
949.433.3854 We would like to continue the legacy live music and smoking lounge on
leonard@thealchemistshq.com the outside patio. Marty's has been shut down for over 2 years now,but
we are looking to revive the location with the name Brass Monkey.
We are looking to clean up al I of the interior and outdoor,make all
necessary repairs,and bring the entire space up to current codes. We
already have approved plans from the City of Tustin and the health
department.
Our vision for Brass Monkey is an approachable,but refined restaurant
experience serving gastropub style food and classic cocktails with a twist.
Here is where we would like to have live music,including the likes of:
karaoke,DJs,and small acoustic bands and singers.The interior space
will be a mash-up of mid-century modern furniture,lighting,and decor
with current pop-art murals adorning the walls.
We will be keeping with performers with 3 members or less. We are
planning some themed nights including 3 piece Reggae bands,Jazz trios
for brunch,DJs on Fridays and Saturdays,performers with Latin flair for
potential Taco Tuesdays,duets(guitar or keyboard/piano sets),and
karaoke. This will be a bit of a work in progress for us as we navigate
through what our guest profiles end up at,but the core of our
entertainment will be as listed above.
Security is one of our top priorities. When we open our restaurant,we
will staff at least 2 security guards until we can gauge how many guests
we will be hosting every evening and adjust from there. At minimum,one
security guard will be on location every evening from 6PM until after all
guests have left the premises. The landlord has already added additional
cameras on the property,which is accessible 24 hours a day. We are
adding security cameras to our outdoor area,inside,behind our part of
the building,and at our front entrance. The landlord is also looking to
change tenants for the gas station on the corner and has been speaking
with franchises such as Starbucks. We are happy to discuss if further
security is desired by the City of Tustin.
Our group currently has a speakeasy bar-The Blind Rabbit,a beer bar-
The Iron Press,a shabu shabu/hot pot restaurant-Rolling Boil all at the
Packing House in Anaheim,a Tiki bar-Stowaway in Tustin,and an oyster
and seafood restaurant-Shuck in Costa Mesa. We are super excited to
have the opportunity to grow in the City of Tustin with a concept we
think will bring in guests from all over and around Orange County!
As always,if you have any questions or comments,please feel free to
contact me at any time. Thank you in advance for your time!
Best regards,
Leonard Chan
ATTACHMENT E
RESOLUTION NO. 4446
RESOLUTION NO. 4446
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN APPROVING CONDITIONAL USE
PERMIT 2021-0019 AUTHORIZING ON-SITE ALCOHOLIC
BEVERAGE SALES (TYPE 47 LICENSE) IN
CONJUNCTION WITH A 3,167 SQUARE FOOT
RESTAURANT ESTABLISHMENT AT 14401 NEWPORT
AVENUE
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application for Conditional Use Permit 2021-0019 was filed by
Edward Ojeda of SCAN A CART, LLC, requesting authorization for the on-
site sales of beer, wine, and distilled spirits (ABC License Type "47") in
contingent with the use of the subject premises remaining a restaurant.
B. The project site is located within the Retail Commercial (Cl) zoning district
and has a General Plan land use designation of Community Commercial
which provides for a variety of retail and service commercial uses including
restaurant uses. Pursuant to Tustin City Code (TCC) 9232b(2), alcoholic
beverage sales establishments are conditionally permitted in the Retail
Commercial District.
C. The proposed restaurant use is located in a commercial building and
commercial corridor where a variety of retail and restaurant uses are
located. The characteristics of the proposed use and hours of operation
would be similar to other restaurants in the vicinity.
D. That a public hearing was duly called, noticed, and held for Conditional Use
Permit 2021-0019 on March 8, 2022, by the Planning Commission.
E. That the establishment, maintenance, and operation of the proposed use
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 sale of on-site alcoholic beverages in conjunction
with an existing restaurant use is allowed within the Retail
Commercial (Cl) zoning district with the approval of a Conditional
Use Permit. The project site is designated as Community
Commercial (CC) by the General Plan which allows for a variety
of retail, professional office, and service-oriented business
activities serving a community-wide area and population.
Resolution No. 4446
Page 2
2) As conditioned, the proposed on-site consumption of alcohol shall
comply with the Alcoholic Beverage Sales Establishment
Guidelines as amended by the Planning Commission and
adopted by the City Council on September 4, 2018.
3) As conditioned, the on-site consumption of alcoholic beverages
would be in conjunction with a restaurant where food will be
served at all times when alcoholic beverages are served.
4) The restaurant use is located within a retail center where a variety
of retail, office and food establishment uses will be located. As
conditioned, the characteristics of the restaurant use and hours of
operation of the restaurant would be similar to other food
establishments in the vicinity.
5) The proposed restaurant has been considered in the design of the
center and no expansion is proposed, therefore, no parking
impacts are anticipated.
6) The Tustin Police Department has reviewed the application and
has no immediate concerns.
F. That the operational characteristics and features of the facility such as the
hours of operation, live entertainment, and billiard/pool tables, on-site
security are appropriate for the location and type of use proposed in relation
to surrounding residential areas, sensitive uses such as places of worship,
parks, schools, hospitals, clinics, convalescent homes, and other similar
uses selling or serving alcoholic beverages, in that:
1) As conditioned, business operations including hours of operation,
live entertainment, and pool tables would be conducted in a
manner which does not create a public or private nuisance.
2) As conditioned, the owner or manager of the licensed premises
would maintain a written security policy and procedures manual
on the premises, which has been approved by the police
department. The security policy would identify on-site security,
and individuals who are responsible for the premises.
3) As conditioned, any pool tables maintained on the premises at
any time would be reviewed and approved in a security plan
submitted to the Community Development Department and the
Police Department.
4) The on-site consumption of alcoholic beverages would be in
conjunction with a restaurant where food will be served at all
times when alcoholic beverages are served.
Resolution No. 4446
Page 3
G. That although the proposed establishment is located within an over-
concentrated area of alcoholic beverage sales licenses and within an area
of higher criminal activity, the sales of alcoholic beverages would not have a
negative impact on the community, in that:
1) The proposed sales of alcoholic beverages is in conjunction with
the establishment of a restaurant. The applicant is an experienced
business owner that have owned and operated safe and
successful restaurants in the City and elsewhere.
2) The Tustin Police Department has reviewed the application and
has no immediate concerns, as the Newport Plaza shopping
center, where project is located, does not have a high crime rate.
As conditioned, the owner or manager of the licensed premises
would maintain a written security policy and procedures manual
on the premises.
3) The California Department of Alcoholic Beverage Control (ABC)
has confirmed that Census Tract No. 755.14, where the project is
located, is an over-concentrated area. There are currently seven
(7) on-site alcoholic beverage sales licenses in the Census Tract
including an existing Type 47 ABC license for this project site.
While the business is located within an over-concentrated area for
on-site alcoholic beverage sales, the proposed on-site alcoholic
beverage sales within a restaurant establishment will not
contribute negatively to the undue concentration of alcohol
establishments in Census Tract No. 755.14 in that the business
would add to the diversity of uses within this area and shall be
required to comply with ABC's license restrictions and the
proposed conditions of approval.
H. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of
the California Code of Regulations (Guidelines for the California
Environmental Quality Act).
II. The Planning Commission hereby approves Conditional Use Permit 2021-0019
authorizing an ABC Type 47 License for the sale of alcoholic beverages for on-site
consumption in conjunction with a 3,167 square foot restaurant (Brass Monkey
Restaurant) located at 14401 Newport Avenue, subject to the conditions contained
within Exhibit A, attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a
regular meeting on the 8th day of March, 2022.
Resolution No. 4446
Page 4
AMY MASON
Chairperson
JUSTINA L. WILLKOM
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4446 was duly passed
and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th
day of March 2022.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
JUSTINA L. WILLKOM
Planning Commission Secretary
EXHIBIT A
RESOLUTION NO. 4446
CONDITIONAL USE PERMIT 2021-0019
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed use shall substantially conform with the submitted plans for
the project date stamped March 8, 2022, on file with the Community
Development Department, except as herein modified, or as modified by
the Director of Community Development in accordance with this Exhibit.
The Director of Community Development may also approve minor
modifications during plan check if such modifications are to be consistent
with the provisions of the Tustin City Code and other applicable codes.
(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 The applicant shall sign and return an "Agreement to Conditions Imposed"
form provided by the Community Development Department which states
that the property owner, applicant, operator, and/or tenant agrees to
comply with all conditions imposed by the City of Tustin. Failure to comply
with conditions of approval, or if the establishment creates undue burden
to City resources, or if the Conditional Use Permit is abandoned for a
twelve (12) month period, these circumstances shall be grounds for
revocation of the Conditional Use Permit.
Any transfer of ownership of the establishment and/or operator shall
require the new owner and/or operator to sign and return an "Agreement
to Conditions Imposed" form provided by the Community Development.
Failure to do so would be a basis for revocation proceeding.
(1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of
an Administrative Citation pursuant to Tustin City Code Section 1162(a).
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
Exhibit A
Resolution No. 4446
Page 2
(1) 1.6 Conditional Use Permit 2021-0019 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 Conditional Use Permit 2021-0019, 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 Conditional Use Permit.
(1) 1.7 As a condition of approval of Conditional Use Permit 2021-0019, 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 with all applicable State, County and the
Tustin City Code. Any violations of the regulations of Department of
Alcoholic Beverage Control 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 Conditional Use Permit.
(1) 1.10 The applicant shall provide the first inspection fee as determined by the
Community Development. The Community Development Director shall
have the authority to require additional fee if determined to be necessary
to protect public health, welfare, peace and comfort.
(1) 1.11 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) 1.12 All litter shall be removed from the exterior areas around the premises
including adjacent to public sidewalk area and parking areas, no less
frequently than once each day that the business is open.
Exhibit A
Resolution No. 4446
Page 3
USE RESTRICTIONS
(1) 2.1 The authorization to serve alcoholic beverages on-site is subject to the
use remaining as a restaurant. Any change to the use shall require review
and approval by the Community Development Director. This approval
authorizes a Type 47 ABC License (on-site sales of beer, wine, and
distilled spirits) in conjunction with a bona fide public eating place. Any
changes and/or upgrades to the ABC License shall be reviewed and
approved by the Community Development Director.
(1) 2.2 The applicant shall obtain the appropriate license from the State
Department of Alcoholic Beverage Control for the type of alcoholic sales
authorized for the site (Type 47). A copy shall be provided to the City prior
to operating the alcoholic sales.
(1) 2.3 The allowed business hours shall be as follows:
Operating Hours
Monday through Sunday
Opening Hour I Closing Hour
Restaurant with on- Monday through Wednesday
site alcohol sales 11:00 AM T 12:00 AM
Thursday through Saturday
11:00 AM 1 1:30 AM
Sunda
9:00 AM 9:00 PM
Live Entertainment Thursday through Saturday
7:00 PM 11:00 PM
Modifications to the hours of operation may be approved by the Community
Development Director if it is determined that no impacts to the surrounding tenants or
properties will occur.
(1) 2.4 All business activities related to the restaurant shall be conducted entirely
within the subject building. Outdoor dining is specifically prohibited unless
approved by the Director of Community Development.
(1) 2.5 All alcohol shall be consumed on-site with the exception of the provisions
stated in the Business and Profession Code Section 23396.5 and 23401.
(1) 2.6 The menu of the restaurant shall consist of foods that are prepared on the
premises. Food shall be available during all hours of operation.
(1) 2.7 Any cocktail lounge or bar area within the restaurant shall function as a
food and beverage service bar.
Exhibit A
Resolution No. 4446
Page 4
(1) 2.8 All persons serving alcoholic beverages within a restaurant establishment
must be 18 years of age or older and supervised by someone 21 years of
age or older. The supervisor shall be present in the same area as point of
sale.
(1) 2.9 The restaurant shall operate within all applicable federal, state, county,
and Tustin City Code provisions, including the City of Tustin Noise
Ordinance. Any violations of the regulations of the Department of
Alcoholic Beverage Control as they pertain to the subject location, or the
City of Tustin, as they relate to the sale of alcoholic beverages, may result
in the revocation of the subject Conditional Use Permit, as provided in the
Tustin City Code.
(1) 2.10 No outdoor storage shall be permitted except as approved by the Director
of Community Development.
(1) 2.11 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.
(1) 2.12 All activities shall comply with the City's Noise Ordinance.
(1) 2.13 No sexually oriented businesses shall be conducted on the premises
without approval by the City in accordance with the Tustin City Code.
(1) 2.14 Signs shall comply with the Tustin Sign Code and the following:
1) 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.
2) The applicant shall post "NO LOITERING" sign prohibiting
loitering on the exterior of the premises. 1
3) Signs shall be posted in a conspicuous space at all
entrances/exits of the premises which shall state, "NO
ALCOHOLIC BEVERAGES BEYOND THIS POINT."
Exhibit A
Resolution No. 4446
Page 5
(1) 2.15 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) 2.16 The business establishment 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 Police Department. Electronic
copies of videos shall be made available to the Police Department within
48 hours of request. Digital recording shall be made available for viewing
on-scene upon request by a Police Officer. The business shall retain
video surveillance for one (1) month. All video surveillance cameras must
record in color, with digital recording to DVR and able to record in low-
light.
(1) 2.17 The applicant or an employee of the licensee must be present to monitor
all areas of the establishment, including outdoor areas, during all times
that alcoholic beverages are being served or consumed.
(1) 2.18 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) 2.19 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) 2.20 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) 2.21 Food must be served whenever the privileges of the on-sale license are
being exercised. Food service shall be available until one (1) hour before
closing.
(1) 2.22 There shall be no requirement for patrons to purchase a minimum
number of alcoholic drinks.
Exhibit A
Resolution No. 4446
Page 6
(1) 2.23 Games or contest requiring or involving consumption of alcoholic
beverages shall be prohibited.
(1) 2.24 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) 2.25 Any pool tables, amusement machines or video games maintained on
the premises at any time must be reviewed and approved in a security
plan submitted to the Community Development Department and the
Police Department.
(1) 2.26 The owner or manager of the licensed premises shall maintain on the
premises a written security policy and procedures manual, which has
been approved by the police department, addressing at a minimum the
following items: Identify individuals who are responsible for the
premises. The list shall include contact information such as name,
address, phone number, etc. and the list shall current and accurate.
1) Procedures for handling obviously intoxicated persons.
2) 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.
3) 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).
4) Procedures for verifying the age of patrons for purposes of
alcohol sales. `
5) 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.
6) Procedures for calling the police regarding observed or reported
criminal activity.
7) Procedures for management of queuing lines.
8) The location and description of any video games proposed to be
on the premises.
Exhibit A
Resolution No. 4446
Page 7
(1) 2.27 Live entertainment shall be subject to the issuance of a live
entertainment permit pursuant to Article 3 of the Tustin City Code, and
shall comply with all of the standards contained therein.
(1) 2.28 For establishments with a live entertainment permit per Tustin City Code
or amplified music, all exterior doors and windows will be closed during
the hours of such 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.
(1) 2.29 There shall be no window coverings or advertisements that reduce the
visibility inside of the business.
PLAN SUBMITTAL
(1) 3.1 At the time of building permit application, the plans shall comply with the
latest edition of the codes, City Ordinances, State, Federal laws, and
regulations as adopted by the City Council of the City of Tustin.
FEES
(1, 5) 4.1 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.
ATTACHMENT F
RESOLUTION NO. 4447
RESOLUTION NO. 4447
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN APPROVING CONDITIONAL
USE PERMIT 2021-0020 AUTHORIZING LIVE
ENTERTAINMENT IN CONJUNCTION WITH A 3,167
SQUARE FOOT RESTAURANT ESTABLISHMENT
14401 NEWPORT AVENUE.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application for Conditional Use Permit 2021-0020 was filed by
Edward Ojeda of SCAN A CART, LLC, requesting authorization to authorize
live entertainment; in conjunction with a 3,167 square foot restaurant
establishment at 14401 Newport Avenue.
B. The project site is located within the Retail Commercial (Cl) zoning district
and has a General Plan land use designation of Community Commercial
which provides for a variety of retail and service commercial uses including
restaurant uses. Pursuant to TCC Section 9270e, presentation of live
entertainment requires the approval of a CUP and is subject the provisions
set forth in Article 3 of the TCC for a live entertainment permit.
C. The proposed restaurant use is located in a commercial building and
commercial corridor where a variety of retail and restaurant uses are
located. The characteristics of the proposed use and hours of operation
would be similar to other restaurants in the vicinity.
D. That pursuant to Sections 9270a(e) and 3231 of the Tustin City Code
(TCC), a CUP for live entertainment and approval of a live entertainment
permit are required prior to the presentation of live entertainment.
E. That a public hearing was duly called, noticed, and held for Conditional Use
Permit 2021-0020 on March 8, 2022, by the Planning Commission.
F. That the establishment, maintenance, and operation of live entertainment
will not, under the circumstances of this case, be detrimental to the health,
safety, morals, comfort, or general welfare of the persons residing or
working in the neighborhood of the proposed use, nor be injurious or
detrimental to the property and improvements in the neighborhood of the
subject property, or to the general welfare of the City in that:
1) The live entertainment use will operate in conjunction with a
restaurant, which is permitted within the C1 zoning district.
Resolution No. 4447
Page 2
2) That the proposed restaurant establishment hours are similar and
compatible with other businesses and restaurant in the vicinity, and
are as follows:
Operating Hours
Monday through Sunday
Opening Hour I Closing Hour
Restaurant Monday through Wednesday
with on-site 11:00 AM 1 12:00 AM
alcohol sales Thursday through Saturday
11:00 AM 1:30 AM
Sunda
9:00 AM 1 9:00 PM
Live Thursday through Saturday
Entertainment 7:00 PM 11:00 PM
3) That presentation of the live entertainment shall not occur after 11:00
p.m.
4) Noise impacts are anticipated to be minimal as all live entertainment
would be conducted entirely within the building, and no live
entertainment or amplified music will occur in the outdoor area.
5) That the ambient noise levels resulting from the live entertainment
shall not exceed the standards of the City's Noise Ordinance.
6) As conditioned, the proposed live entertainment would be compatible
with the surrounding uses and the TCC in that the proposed live
entertainment would be ancillary to the restaurant use, three-member
bands are a type of restaurant entertainment that customers can enjoy
while they have a meal and drinks, and that the subject restaurant
establishment is located in a pedestrian-oriented lifestyle center with
no residential areas in the immediate vicinity.
7) That the City's Police Department has reviewed and supports the
proposed use, as conditioned.
8) As conditioned, CUP 2021-0020 for live entertainment may be
reviewed on an annual basis, or more often if necessary, by the
Community Development Director. If the use is not operated in
accordance with CUP 2021-0020 or is found to be a nuisance or
negative impacts are affecting the surrounding uses, the Community
Development Director would have the authority to impose additional
conditions to eliminate the nuisance or negative impacts or may initiate
proceedings to revoke the CUP.
Resolution No. 4447
Page 3
G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of
the California Code of Regulations (Guidelines for the California
Environmental Quality Act).
II. The Planning Commission hereby approves Conditional Use Permit 2021-0020
authorizing live entertainment in conjunction with a 3,167 square foot restaurant
(Brass Monkey Restaurant) located at 14401 Newport Avenue, subject to the
conditions contained within Exhibit A, attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a
regular meeting on the 8th day of March, 2022.
AMY MASON
Chairperson
JUSTINA L. WILLKOM
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4447 was duly passed
and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th
day of March 2022.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
JUSTINA L. WILLKOM
Planning Commission Secretary
EXHIBIT A
RESOLUTION NO. 4447
CONDITIONAL USE PERMIT 2021-0020
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed use shall substantially conform with the submitted plans for
the project date stamped March 8, 2022, on file with the Community
Development Department, except as herein modified, or as modified by
the Director of Community Development in accordance with this Exhibit.
The Director of Community Development may also approve minor
modifications during plan check if such modifications are to be consistent
with the provisions of the Tustin City Code and other applicable codes.
(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) 2021-0020 is contingent upon
the applicant and property owner signing and returning to the Community
Development Department a notarized "Agreement to Conditions Imposed"
form and the property owner signing and recording with the County Clerk-
Recorder a notarized "Notice of Discretionary Permit Approval and
Conditions of Approval" form. The forms shall be established by the
Community Development Director, and evidence of recordation shall be
provided to the Community Development Department.
(1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of
an Administrative Citation pursuant to TCC Section 1162(a).
(1) 1.6 CUP 2021-0020 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 2021-0020, or is found to be a nuisance or negative impacts are
affecting the surrounding tenants or neighborhood, the Community
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
Exhibit A
Resolution No. 4447
Page 2
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 2021-0020, 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.
USE RESTRICTIONS
(1)(4) 2.1 The allowed business hours shall be as follows:
Operating Hours
Monday through Sunday
Opening Hour I Closing Hour
Restaurant with on- Monday through Wednesday
site alcohol sales 11:00 AM T 12:00 AM
Thursday through Saturday
11:00 AM 1 1:30 AM
Sunda
9:00 AM 9:00 PM
Live Entertainment Thursday through Saturday
7:00 PM 11:00 PM
(1) 2.2 Authorization to provide "Live Entertainment" shall not include Adult
Entertainment, sexually oriented business, burlesque shows, and lewd
or indecent acts. Sexually oriented businesses shall obtain special
permits pursuant to TCC Section 3900 et seq.
(1) 2.3 Operation of live entertainment is contingent upon the use of the
premises remaining a restaurant use. Should the use of the premises
change from a restaurant use, this CUP shall be null and void.
Exhibit A
Resolution No. 4447
Page 3
(1) 2.4 A Live Entertainment Permit shall be obtained through the Finance
Department prior to establishing, conducting, or carrying on any live
entertainment. The Live Entertainment Permit shall be non-transferable
to any person(s).
(1) 2.5 No business operating with a valid Live Entertainment Permit shall
employ any person who has been convicted of illegal drug usage, drug
dealing, or prostitution within the last five (5) years.
(1) 2.6 If in the future the City's Community Development Director, Police Chief
and/or Public Works Department determine that a parking, traffic, or noise
problems exists on the site or in the vicinity as a result of the presentation
of live entertainment, the Community Development Director, Police Chief,
and/or Public Works Department may require the applicants to prepare a
parking demand analysis, traffic study, or a noise study, the applicants
shall be required to provide measures to be reviewed and approved by the
Community Development Department, Police Chief, and/or Public Works
Department. Said measures may include, but are not limited to, the
following:
A. Adjust hours of operation.
B. Eliminate live entertainment.
C. Reduce the number/frequency of performers.
D. Require additional on-site security personnel.
E. Provide additional parking.
(1) 2.7 The live entertainment shall be conducted in a manner that does not
create a public or private nuisance. Any such nuisance must be abated
immediately upon notice by the City.
(1) 2.8 The ambient noise levels resulting from the live entertainment and
business operations shall not exceed the standards of the City's Noise
Ordinance. Outside address speakers, telephone bells, buzzers, and
other similar devices, which are audible from adjoining properties, shall
be prohibited.
(1) 2.9 No amplified music shall occur in the outdoor seating area.
(1) 2.10 The proposed stage/entertainment area shall not be open to view from
outside the premises.
(1) 2.11 Fire and Police access and passage shall be permitted at all times.
(1) 2.12 No outdoor storage shall be permitted except as approved by the City's
Community Development Director.
Exhibit A
Resolution No. 4447
Page 4
(1) 2.13 There shall be no requirement for patrons to purchase a minimum
number of alcoholic drinks.
(1) 2.14 There shall be an individual assigned during all open business hours in
charge of occupancy. This individual shall assure the occupancy limits
established by the City are within compliance.
(1) 2.15 Persons who appear intoxicated shall not be admitted into the
establishment.
PLAN SUBMITTAL
(1) 3.1 All construction shall comply with 2019 California Building Code, California
Mechanical Code, California Electrical Code, California Plumbing Code,
California Green Code and California Energy Code.
FEES
(1) 4.1 Within forty-eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development Department, a
cashier's check payable to the OC CLERK-RECORDER in the amount of
fifty dollars ($50.00) to enable the City to file the appropriate environmental
documentation for the project. If within such forty-eight (48) hour period
the applicant has not delivered to the Community Development
Department the above-noted check, the statute of limitations for any
interested party to challenge the environmental determination under the
provisions of the California Environmental Quality Act could be
significantly lengthened.