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HomeMy WebLinkAboutPC RES 4446 i 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 (C1) 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. I 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 pian 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 alnd 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 1,5301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). ' 11. 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. I Resolution No, 4446 Page 4 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 8th day of March, 2022, 4`( AMY MAS�N Chairperson /)ayp, JOVIIIA L WILLKOM Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TU TIN I, Justina L. Willkom, the undersigned, hereby certify that 11 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: CHH, HIGUCHI, KOZAK, MASON, MEArA10 (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT" JOSf INA L. WILLIKOM 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 1 12:00 AM Thursday through Saturday 11:00 AM 1 1:30 AM Sunda 9:00 AM 9:00.PM Live Entertainment Thursda 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 exceptions 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." i 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, S) 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 ($50.40) 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. I