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HomeMy WebLinkAbout02 ZA AGENDA REPORT CUP 2022-0006 RAKKAN RAMEN DocuSign Envelope ID:30813COF-78FD-4627-9168-21728AF4A1 BO AGENDA RITEM #2 MEETING DATE: MAY 26, 2022 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2022-0006 APPLICANT: PROPERTY OWNER: WESLEY KIM VESTAR/KIMCO TUSTIN L.P. KN PARTNERS LLC 2437 PARK AVENUE 2783 ATHENS RIDGE DRIVE TUSTIN, CA 92782 HENDERSON, NV 89052 LOCATION: 2427 PARK AVENUE, SUITE S003H GENERAL PLAN TUSTIN LEGACY SPECIFIC PLAN (SP-1) ZONING: TUSTIN LEGACY SPECIFIC PLAN (TLSP), PLANNING AREA 16- 19, (PA 16-19). ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE STATUS: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15301, CLASS 1. REQUEST: A REQUEST TO AUTHORIZE THE ON-SITE SALES AND CONSUMPTION OF BEER AND WINE (TYPE 41 ABC LICENSE) IN CONJUNCTION WITH A RESTAURANT ESTABLISHMENT LOCATED AT 2427 PARK AVENUE, SUITE S003H. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 22-006 approving Conditional Use Permit (CUP) 2022-0006 to allow the on-site sales and consumption of beer and wine (Type 41 ABC license) in conjunction with a restaurant establishment (Rakkan Ramen) located at an existing restaurant tenant space at 2427 Park Avenue, Suite S003H. DocuSign Envelope ID:30813COF-78FD-4827-9168-21728AF4A1 BO Zoning Administrator May 26, 2022 CUP 2022-0006 (Type 41 ABC License) Page 2 a Figure 1 Existing Restaurant Establishment APPROVAL AUTHORITY The project site is located within the Tustin Legacy Specific Plan (SP-1) in Planning Area 16-19 (PA 16-19) where alcoholic beverage establishments are listed as conditionally permitted uses pursuant to Tustin City Code (TCC) Section 9232(b)(2) and subject to TCC Section 9271(dd)and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments. Furthermore, TCC Section 9299(3)(g) 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. BACKGROUND Location and Surrounding Properties The project site is located within the northwest portion of PA 16-19 in an existing multi-tenant commercial center (The District at Tustin Legacy) located midway between Park Avenue and Barranca Parkway (Figure 2). The District at Tustin Legacy contains a range of retail, office, and similar restaurant uses with established ABC Licenses (Type 41). The site is bounded by commercial buildings to the north, south, east, and west. All surrounding properties are within PA 16-19 of SP-1. DocuSign Envelope ID:30813COF-78FD-4827-9168-21728AF4A1 BO Zoning Administrator May 26, 2022 CUP 2022-0006 (Type 41 ABC License) Page 3 ep 5!/ `. • /�r ( ��Q1[�.i..., Project Location Figure 2 -Location Map PROJECT DESCRIPTION Project Summary The applicant is requesting authorization to sell beer and wine for on-site consumption (Type 41 ABC License) in conjunction with an existing 2,200 square foot restaurant tenant space located in the District at Tustin Legacy. Rakkan Ramen is an established chain restaurant with various locations throughout California, including locations in Long Beach, Redondo Beach, and Los Angeles. The restaurant facility includes an indoor dining area, an outdoor dining patio area, restrooms, and kitchen area (Figure 3). There are a total of 80 seats proposed for guests, with 52 seats indoors and 28 seats on the outdoor patio dining area. The tenant space was previously occupied by a restaurant (Five Guys)and there are issued permits for Rakkan Ramen's planned interior tenant improvements. No exterior modifications or additional interior modifications are planned or required to comply with the provisions of this application. (Attachment C: Submitted Plans). DocuSign Envelope ID:30813COF-78FD-4827-9168-21728AF4A1 BO Zoning Administrator May 26, 2022 CUP 2022-0006 (Type 41 ABC License) Page 4 t fr , •CY s- --- -- _ _"__�5- --`-Y .. afflrKX. _J ► 1, ®M1 , '0 0 p ; PADD CF EPIE m m vrn� 4 e �� wam M p 9 tr I • 2 .+' til AYCiFICE I F�.. L J19 9I rs rca. fQ`-rte ° LV Cil u 6 •!rY Figure 3-Floor Plan Alcoholic Beverage Sales The sale of beer and wine for on-site consumption in conjunction with a restaurant can be authorized in conformance with the City's Alcoholic Beverage Sales Establishment Guidelines adopted by the Planning Commission on March 13, 2018, and TCC Section 9271(dd). Pursuant to TCC Section 9271(dd), on-site alcoholic beverage sales, that include on-site sale of alcohol at restaurants for on-site consumption, are exempt from distance separation requirements to sensitive uses and other alcoholic beverage sales establishments. The applicant is proposing to provide full menu food service during all hours the establishment is open for business while offering beer and wine alcohol service, in conformance with the conditions of approval and applicable regulations from the State Alcoholic Beverage Control Department. Hours of Operation The applicant proposes to operate the restaurant with on-site sale of beer and wine between the hours of 11.00 AM to 10.00 PM, Monday through Sunday. The proposed hours are consistent with the hours of operation of other similar businesses in the vicinity. DocuSign Envelope ID:30813COF-78FD-4827-9168-21728AF4A1 BO Zoning Administrator May 26, 2022 CUP 2022-0006 (Type 41 ABC License) Page 5 Operating Hours M nday through Sunda O ening Hour I Closing Hour Restaurant Monday through Sunda 11:00 AM 1 10:00 PM Public Convenience and Necessity The project site is located in Census Tract No. 0755.18, and the California Department of Alcoholic Beverage Control (ABC) has confirmed that the Census Tract is over- concentrated with establishments that serve alcohol. Although there are currently twenty- six (26) on-site alcoholic beverage sales licenses in the Census Tract, it was determined by ABC that the proposed project will not contribute negatively to the undue concentration of alcohol establishments. Conversely, compliance with the ABC regulations and the proposed conditions of approval, would allow the proposed use to add to the diversity of uses within the area. Furthermore, the Tustin Police Department reviewed the proposal and does not have any concerns regarding the proposed hours of operation. Parking The sale of alcohol is proposed as an accessory use within an existing restaurant tenant space and no expansions are proposed. Th tenant space was previously occupied by a restaurant (Five Guys) and is located within The District at Tustin Legacy. The proposed sales of alcohol for on-site consumption is an accessory use to a new restaurant tenant (Rakkan Ramen) and no additional parking is required. CONCLUSION Analysis of CUP 2022-0006 has determined that the establishment, maintenance, and operation of the proposed on-site alcoholic beverage sales in conjunction with a restaurant establishment will not 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 of Tustin. Furthermore, the proposed on-site sale and consumption of beer and wine in conjunction with a restaurant, as conditioned, is consistent with the Planning Commission Guidelines for Alcoholic Beverage Sales Establishments and TCC Section 9271(dd). Findings to support the request have been included in ZAA No. 22-006. Accordingly, staff recommends that the Zoning Administrator approve the request for CUP 2022-0006 authorizing the sale of beer and wine in conjunction with a restaurant located at 2427 Park Ave, Suite S003H, subject to the Conditions of Approval set forth in ZAA No. 22-006. DocuSign Envelope ID:30813COF-78FD-4827-9168-21728AF4A1 BO Zoning Administrator May 26, 2022 CUP 2022-0006 (Type 41 ABC License) Page 6 EDocuSigned by: DocuSigned by: `�� Eayw�awo� 48DE9B3EB4D246F... E48A67E1967540F... Leila Carver Raymond Barragan Senior Planner Consultant Principal Planner Consultant DocuSigned by: tohitaw -AIF588F82047F... Irma Huitron Assistant Community Development Director— Planning Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans dated May 26, 2022 D. Zoning Administrator Action No. 22-006 ATTACHMENT A LOCATION MAP ATTACHMENT A RADIUS MAP TusTtN ■ J rr � 3 L _ h BUJLDINGOURF!.'�:� fiti c nlr+c f5ui�I•�.•� I . Tld STIN RANCH I loll e Y M r rr t r I 300 Feet Source ESRI,City ofTustin tr. ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT (CUP 2022-0006) - TYPE 41 ABC LICENSE IN CONJUNCTION WITH A RETAURANT ESTABLISHMENT. 2. LOCATION: 2427 PARK AVE., SUITE S003H -A TENANT SPACE IN AN EXISTING MULTI- TENANT COMMERCIAL CENTER WITHIN THE TUSTIN LEGACY SPECIFIC PLAN (TLSP) (SP-1) IN PLANNING AREA 16-19 (PA 16-19) 3. APN: 434-441-16 4. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: N/A 5. SURROUNDING LAND USES: NORTH: COMMERCIAL EAST: COMMERCIAL SOUTH: COMMERCIAL WEST: COMMERCIAL 6. SURROUNDING ZONING DESIGNATION: NORTH: TLSP EAST: TLSP SOUTH: TLSP WEST: TLSP 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: TLSP (SP-1) EAST: TLSP (SP-1) SOUTH: TLSP (SP-1) WEST: TLSP (SP-1) 9. SITE LAND USE EXISTING PROPOSED A. LAND USE: COMMERCIAL NO CHANGE B. GENERAL PLAN: TLSP NO CHANGE C. ZONING: TLSP (SP-1) NO CHANGE DEVELOPMENT FACTS: 10. LOT AREA: 435,147 SF (9.99 ACRES) 11. TENANT SPACE: 2,200 SF EXISTING PROPOSED 12. PARKING: COMMERCIAL CENTER PARKING NO CHANGE 13. BUILDING HEIGHT: ONE STORY NO CHANGE 14. DEVELOPMENT STANDARDS SETBACKS: THE SITE IS AN EXISTING DEVELOPMENT WHERE THERE IS NO CHANGE OF PRIMARY USE OR EXPANSION OF FLOOR AREA, AND THE REQUEST WOULD NOT ALTER THE ORIGINAL INTENT OF THE SITE. ATTACHMENT C SUBMITTED PLANS DATED MAY 26, 2022 ;r____________ _ ---__________.._----___-____-----_------_____________ A L'1 �4 YL�1��• x TO _ e r wurr-,4, -® � � - W -y• i n � �:.� -f�" to-_� _ i 7 ! t" � I .71 1 _ L s _ � ,A r 71 . O T V� �3 lal vl� UN ZA 711 l � n wry, W L-LI--: r Y t Ql1 � ••4 i sass-£ss(rozn) .�dL ze3A vo N LsnL owa-esa(arc)�L"L zeas 1—L111 �y�avd cans o O p H£00.S 311(15 NVtl NVd Val LBa6 tlJ'NILSfIL Dd Tadd L£65 wLsn1 N3wva NVSNVa Vea N3wva NV a MINand *- NoiLdiaas3a :3Lva 3V911 NI15f11 LV LNI8151Q 3H1 ill S1NV8f1V15321 19W3 1N3w3AoadWl 1NVN31 01SO3SOdo1d �`} SLNI-03 dl—/.Ld—Hd :LNVN31 LJ31Yltld4. zw _ _ z - - - - - _ = - tzP5 - - - o - - - co Z uYl a., urlu W zm - - LLz - °wryyrco 752 wNa°=_a a momooG off` a -a m w 0 o o w o_ U W ¢ a v W p - _ ' JI o O _ Z In In w- ¢ EE c X30 e w ¢ �_______ ______ o o__ CLE El m ❑ Z N � zm _ w �I ■z � -- a Q o- Y ❑ j o QEl LU -- iryymuu_- d' Awa �T -- �, ----= -- - a - b m 0 m oz), o - - ¢w- - - w o -- M"_ a " w DocuSign Envelope ID:EOF1A118-2DE9-474B-B3F9-EDAAA690BE13 EXHIBIT"A" SHOPPING CENTER SITE PLAN SHOWING PREMISES WITH A RED ARROW The attached site plan is for general informational purposes only. Any and all features,matters and other information depicted thereon are for illustrative purposes only and subject to the provisions of the Lease,are subject to modification without notice,are not intended to be relied upon by Tenant and are not intended to constitute representations,warranties or covenants as to the size and nature of the improvements to be constructed (or that any improvements will be constructed) or as to the identity or nature of any occupants thereof. I � ri— ,I�IL,.� Jr ` n {Q I I n i • Ivl a lop fT Sim 7 A-1 56837\427906\263458232.v7 DocuSign Envelope ID:EOF1A118-2DE9-474B-B3F9-EDAAA690BE13 I' r - , 1 � iNiRkrn E {{I21 I i 1� u �.� � 1 � two iio� %i ��� .,� •��:.:.. i,. 1'c-:' 11111 y�-_ y,�: r r` Architects Yw�i az A-2 56837\427906\263458232.v7 ATTACHMENT D ZONING ADMINISTRATOR ACTION NO. 22-006 ZONING ADMINISTRATOR ACTION 22-006 CONDITIONAL USE PERMIT 2022-0006 2427 PARK AVENUE, SUITE S003H 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) 2022-0006 was filed by Wesley Kim on behalf of KN Partners LLC, requesting authorization to allow the on-site sale and consumption of beer and wine in conjunction with a restaurant establishment (Rakkan Ramen) located at 2427 Park Avenue, Suite S003H. B. The project site is within the Tustin Legacy Specific Plan (TLSP) (SP-1) in Planning Areas 16-19 (PA 16-19). Pursuant to Tustin City Code (TCC) Section 9271(dd), the TLSP, PA 16-19 allows on-site alcoholic beverage sales (beer and wine) in conjunction with a restaurant subject to the approval of a CUP. Pursuant to Section 9299b(3)(g) of the TCC, the Zoning Administrator has the authority to review and approve CUPs for on-site alcoholic beverage sales licenses for restaurants. C. The restaurant use was established as part of The District at Tustin Legacy development. D. That a public hearing was duly called, noticed, and held for CUP 2022-0006 on May 26, 2022, by the Zoning Administrator. 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 TLSP PA 16-19. The project site is designated as TLSP (SP-1) by the General Plan which allows for a variety of retail, professional office, light industrial, and service-oriented business activities serving a regional and community-wide area and population. 2) As conditioned, the proposed on-site consumption of alcohol shall comply with the Alcoholic Beverage Sales Establishment Guidelines as adopted by the Planning Commission on March 13, 2018, and TCC Section 9271(dd). 3) As conditioned, the on-site sale and consumption of alcoholic beverages would be in conjunction with a restaurant where food will be served at all times that alcoholic beverages are sold and served. Zoning Administrator Action 22-006 CUP 2022-0006 (Type 41 ABC License) Page 2 4) The restaurant use is located within a retail shopping center where a variety of retail and food establishment uses are 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 addition of alcohol sales will not result in any additional parking requirements for the existing business since it will be an accessory use and no expansion is proposed to the existing tenant space. 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, 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, 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. The security policy would identify individuals who are responsible for the premises. 3) 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 proposed restaurant is located within a commercial center where a variety of retail, office, and restaurant uses are located. The restaurant requests to operate Monday through Sunday from 11 :00 a.m. to 10:00 p.m. These hours are consistent with the characteristics of restaurant uses and the hours of operation of the restaurant would be similar to other restaurants in the vicinity. G. That although the proposed establishment is located within an over-concentrated area of alcoholic beverage sales licenses, the sales of alcoholic beverages would not have a negative impact on the community, in that: 1) The proposed sale of alcoholic beverages is in conjunction with the establishment of a restaurant. 2) The Tustin Police Department has reviewed the application and has no immediate concerns, as The District at Tustin Legacy shopping center, where project is located, does not have a high crime rate. As conditioned, Zoning Administrator Action 22-006 CUP 2022-0006 (Type 41 ABC License) Page 3 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. 0755.18, where the project is located, is an over-concentrated area. There are currently twenty-six (26) on-site alcoholic beverage sales licenses in the Census Tract. 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. 755.18 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 Zoning Administrator hereby approves CUP 2022-0006 authorizing the on-site sale of beer and wine (Type 41 ABC License) for on-site consumption in conjunction with a restaurant establishment (Rakkan Ramen) located at 2427 Park Avenue, Suite S003H, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 26th day of May, 2022. JUSTINA L. WILLKOM ZONING ADMINISTRATOR VERA HURTADO RECORDING SECRETARY Zoning Administrator Action 22-006 CUP 2022-0006 (Type 41 ABC License) Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, VERA HURTADO, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 22-006 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 26th day of May, 2022. VERA HURTADO RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 22-006 CONDITIONAL USE PERMIT 2022-0006 CONDITIONS OF APPROVAL 2427 PARK AVENUE, SUITE S003H GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped on May 26, 2022, 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) 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)2022-0006 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk- Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Community Development Director, and evidence of recordation shall be provided to the Community Development Department. Failure to comply with the Conditions of Approval of the establishment creates undue burden to City resources, or if the CUP is abandoned for a twelve (12) month period, these circumstances shall be grounds for revocation of the CUP. (1) 1.5 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 revocation proceeding. 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 22-006 CUP 2022-0006 (Type 41 ABC License) May 26, 2022 Page 2 (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 2022-0006 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 the Conditions of Approval. If the use is not operated in accordance with CUP 2022-0006, 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 2022-0006, 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, Zoning Administrator, 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 All Conditions of Approval for CUP 2022-0006 (ZAA 22-006) shall remain in full force and effect for as long as the business continues to operate. (1) 1.11 Approved uses shall operate within all applicable State, County, and TCC regulations. 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 by the TCC. USE RESTRICTIONS Zoning Administrator Action 22-006 CUP 2022-0006 (Type 41 ABC License) May 26, 2022 Page 3 (1) 2.1 This approval provides authorization for a Type 41 ABC license for the on- site sales and consumption of beer and wine only for on-site consumption in conjunction with an existing restaurant. Any changes 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 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. (1) 2.3 The business may operate until 10:00 p.m. unless otherwise modified with the approval of the Zoning Administrator in compliance with the City's Alcoholic Beverage Sales Establishment Guidelines. 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. (1) 2.4 Food must be served whenever the privileges of the on-sale license are being exercised. (1) 2.5 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 ABC must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage sales establishment and shall be presented upon request by a representative of the City of Tustin. 2.6 The applicant or an employee of the licensee must be present to monitor (1) all areas of the establishment during all times that alcoholic beverages are being served or consumed. (1) 2.7 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) 2.8 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. Zoning Administrator Action 22-006 CUP 2022-0006 (Type 41 ABC License) May 26, 2022 Page 4 (1) 2.9 No off-site sale or consumption of alcohol is authorized, except partially consumed bottles of wine as authorized in Business and Professions Code Section 23396.5. (1) 2.10 There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if it functions as food and beverage service bar or lounge area. (1) 2.11 Live entertainment shall be subject to the issuance of a live entertainment permit pursuant to TCC Chapter 2 Part 3, and shall comply with all of the standards contained therein. (1) 2.12 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) 2.13 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) 2.14 There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (1) 2.15 Games or contest requiring or involving consumption of alcoholic beverages shall be prohibited. (1) 2.16 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 Tustin Police Department (TPD), prior to their establishment. (1) 2.17 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) 2.18 The owner or manager of the licensed premises shall maintain, on the premises, a written security policy and procedures manual, which have been approved by the TPD, addressing at a minimum the following items: 1) 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. Zoning Administrator Action 22-006 CUP 2022-0006 (Type 41 ABC License) May 26, 2022 Page 5 2) Procedures for handling obviously intoxicated persons. 3) 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. 4) 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). 5) Procedures for verifying the age of patrons for purposes of alcohol sales. 6) 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. 7) Procedures for calling the TPD regarding observed or reported criminal activity. 8) Procedures for management of queuing lines. 9) The location and description of any video games proposed to be on the premises. (1) 2.19 There shall be no window coverings or advertisements that reduce the visibility inside of the business. (1) 2.20 All 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) Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) percent of window coverage. 3) The applicant shall post "NO LOITERING" sign prohibiting loitering on the exterior of the premises. Zoning Administrator Action 22-006 CUP 2022-0006 (Type 41 ABC License) May 26, 2022 Page 6 4) Signs shall be posted in a conspicuous space at all entrances/exits of the premises which shall state, "NO ALCOHOLIC BEVERAGES BEYOND THIS POINT." (1) 2.21 Any graffiti painted or marked upon the premises or any adjacent area under control of the property owner or the business shall be removed or painted within twenty-four (24) hours of being applied. (1) 2.22 All litter shall be removed from the exterior areas around the premises including public sidewalk areas and parking areas, no less frequently than once each day that the business is open. (1) 2.23 No sexually oriented businesses shall be conducted on the premises without approval by the City of Tustin in accordance with the TCC. FEES (1, 5) 3.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.