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HomeMy WebLinkAboutPC RES 4447 i 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 202170020 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: I Resolution No. 4447 Page 2 1) The live entertainment use will operate in conjunction with a restaurant, which is permitted within the C1 zoning district. 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 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. 6) 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 Resolution INo, 4447 Page 3 conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. GThis project is Categorically Exempt pursuant to Section 153,01 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 11. The Planning Commission hereby approves Conditionals Use Permit 2021-00,20 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, 2022.1 AMY MASON Chairperson F'f 'US "'NA L. WILLKOM Planning) Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, 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 :AYE& CHU, HIGUCIU, KOZAK, MASON, MELLO (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: LIU iu� ,(NA L WILLKOM Planning Commission Secretary i 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 O enin Hour Closing Hour Restaurant with on- Mondathrow h Wednesday site alcohol sales 11:00 AM 12:00 AM Thursda through Saturday 11:00 AM 1:30 AM Sunda 9:00 AM 9:00 PM Live Entertainment Thursday through Saturday 7:00 PM 1 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 t (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. i (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.