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HomeMy WebLinkAboutZAA 22-005 ZONING ADMINISTRATOR ACTION 22-006 CONDITIONAL USE PERMIT 2022-0004 171 E. FIRST STREET The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2022-0004 was filed by Efthemios Tsoubikas on behalf of the Eat Fantastic Inc., requesting authorization to allow the on-site sale and consumption of beer and wine in conjunction with an existing restaurant, with a drive-thru lane and outdoor dining area (Eat Fantastic) located at 171 E. First Street. B. The project site is within the Downtown Commercial Core Specific Plan (DCCSP) in Development Area 2 (DA-2). Pursuant to Tustin City Code (TCC) Section 9271(dd), the DCCSP, DA-2 allows on-site alcoholic beverage sales 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 in 2003 by a previous owner and has operated as an eating establishment with non-alcoholic beverages. The previous land use entitlement CUP 02-018 and Design Review (DR) 02-018 for the existing restaurant with outdoor restaurant seating area was approved in 2003 without a drive-thru. In 2005, CUP 04-026 was approved to allow for the addition of a drive-thru lane. D. That a public hearing was duly called, noticed, and held for CUP 2022-0004 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 onsite alcoholic beverages, in conjunction with an existing restaurant use, is allowed within the DCCSP DA-2. The project site is zoned as DCCSP that allows for a variety of retail, professional office, light industrial, and service-oriented business activities serving a regional and community-wide area and population. Zoning Administrator Action 2022-005 CUP 2022-0004 (Type 41 ABC License) Page 2 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. 4) The restaurant use is located within an area 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. 6) The proposed addition of alcohol sales will not result 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 an area where a variety of retail, residential, office, and restaurant uses are located. The restaurant owner requests to operate between the hours of 6:00 AM and 10:00 PM, Sunday through Thursday and 6:00 AM and 12:00 AM Friday and Saturday. The outdoor seating area and drive-thru will continue to be open daily from 7:00 AM to 10:00 PM, consistent with previously approved entitlements. These hours are consistent with the characteristics of restaurant uses and the Zoning Administrator Action 2022-005 CUP 2022-0004 (Type 41 ABC License) Page 3 hours of operation of the restaurant would be similar to other restaurants in the vicinity, and previously approved entitlements. 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 DCCSP, 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. 0755.05, where the project is located, is an over-concentrated area. There are currently forty-two (42) 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. 755.05 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 2022-0004 authorizing the on-site sale of beer and wine (Type 41 ABC License) for on-site consumption in conjunction with a restaurant establishment, with a drive-thru lane and outdoor dining area (Eat Fantastic) located at 171 E. First Street, subject to the conditions contained within Exhibit A, attached hereto. Zoning Administrator Action 2022-005 CUP 202.2-0004 (Type 41 ABC License) Page 4 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 261h day of May 2622, JUS A L. INILLKGM ZONING ADMINISTRATOR VERA HURT'.A7° RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 1, VEDA 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. 2622-666 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 26th day of May, 2622, VERA NURTADO ,y RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 2022-005 CONDITIONAL USE PERMIT 2022-0004 CONDITIONS OF APPROVAL 171 E. FIRST STREET GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped on May 20, 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)2022-0004 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) PCICC POLICY (4) DESIGN REVIEW *** EXCEPTION Zoning Administrator Action 22-005 CUP 2022-0004 (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 2022-0004 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 2022-0004, 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 2022-0004, 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 2022-0004 shall remain in full force and effect for as long as the business continues to operate in conjunction with prior entitlements CUP 02-018, Design Review (DR) 02-018, and CUP 04- 026. (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. Zoning Administrator Action 22-005 CUP 2022-0004 (Type 41 ABC License) May 26, 2022 Page 3 USE RESTRICTIONS (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 onsite 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 previous land use entitlements (CUP 04-026, CUP 02-18, DR 02-18) for the existing restaurant, with drive-thru and outdoor restaurant seating area, was approved for the following business hours: Approved;:Operatmg,Hours per CUP 44 026; CUP 02A78 yMonda ;:tWN4 h-Sunda O shin Hour C1s n Hour` .. Sunday through Thursday Restaurant(indoor) 6:00 AM 1 10:00 PM Friday and Saturday 6:00 AM 1 12:00 AM Outdoor Seating Area Dail and Drive-Thru 7:00 AM 10:00 PM The business may operate as previously approved between the hours of 6:00 AM and 10:00 PM, Sunday through Thursday and 6:00 AM and 12:00 AM Friday and Saturday. The outdoor seating area and drive-thru will be open daily from 7:00 AM to 10:00 PM. unless otherwise restricted by the Zoning Administrator. 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. Zoning Administrator Action 22-005 CUP 2022-0004 (Type 41 ABC License) May 26, 2022 Page 4 (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 Alcoholic Beverage Control (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. (1) 2.6 The applicant or an employee of the licensee must be present to monitor 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. (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) 2.16 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) 2.91 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. Zoning Administrator Action 22-005 CUP 2022-0004 (Type 41 ABC License) May 26, 2022 Page 5 (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. 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 Zoning Administrator Action 22-005 CUP 2022-0004 (Type 41 ABC License) May 26, 2022 Page 6 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. 4) Signs shall be posted in a conspicuous space at all entranceslexits 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. Zoning Administrator Action 22-005 CUP 20220004 (Type 41 ABC License) May 26, 2022 Page 7 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.