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HomeMy WebLinkAbout01 ZA REPORT CUP 2022-0010 DocuSign Envelope ID:3B18794E-89A9-4BE5-BCDB-A9600ADOCC90 AGENDA REPORT ITEM #1 MEETING DATE: AUGUST 11, 2022 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2022-0010 APPLICANT: PROPERTY OWNER: ED LEE 1C TUSTIN LEGACY, LLC NEW LEGACY TWO, LLC DBA "TOAST 420 STEVENS AVENUE, SUITE 320 KITCHEN + BAKERY' SOLANA BEACH, CA 92075 12 BARISTO IRVINE, CA 92612 LOCATION: 15080 KENSINGTON PARK DRIVE, SUITE 330 GENERAL PLAN: TUSTIN LEGACY SPECIFIC PLAN (SP-1) ZONING: TUSTIN LEGACY SPECIFIC PLAN (TLSP), PLANNING AREA 7 (PA 7) 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) AND ON-SITE CONSUMPTION OF BEER, WINE, AND DISTILLED SPIRITS (TYPE 47 ABC LICENSE) IN CONJUNCTION WITH A RESTAURANT LOCATED AT 15080 KENSINGTON PARK DRIVE, SUITE 330. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 22-007 approving Conditional Use Permit (CUP) 2022-0010 to allow on-site sales and consumption of beer and wine (Type 41 ABC license) and beer, wine, and distilled spirits (Type 47 ABC license), for on-site consumption, in conjunction with restaurant establishment (Toast Kitchen + Bakery) located at 15080 Kensington Park Drive, Suite 330. DocuSign Envelope ID:3B18794E-89A9-4BE5-BCDB-A9600ADOCC90 Zoning Administrator August 11, 2022 CUP 2022-0010 (Type 41 and 47 ABC Licenses) Page 2 r = lel n w_ y Figure 1 Restaurant Establishment APPROVAL AUTHORITY The project site is located within the Tustin Legacy Specific Plan (SP-1) in Planning Area 7 (PA 7) 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 authorizes 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 southwest portion of PA 7 in an existing multi-tenant commercial center (The Village at Tustin Legacy) near the intersection of Kensington Park Drive and Valencia Avenue (Figure 2). The project site is bounded by Kensington Park Drive to the west and Valencia Avenue to the south, and commercial uses to the north and east. Residential uses are located across Kensington Park Drive and are within Planning Areas 4 and 5 (Residential), and vacant properties are located south of Valencia Avenue in Planning Area 8, 13, and 14 (Mixed-Use Urban). DocuSign Envelope ID:3B18794E-89A9-4BE5-BCDB-A9600ADOCC90 Zoning Administrator August 11, 2022 CUP 2022-0010 (Type 41 and 47 ABC Licenses) Page 3 >*4$ d 7-V T" Rl AYA Project Location ' IX. A Y " M . 1 X h . V rt. r�'4• S ... .. Ji Figure 2 -Location Map PROJECT DESCRIPTION Project Summary The applicant, Ed Lee, on behalf of Toast Kitchen + Bakery, is requesting authorization to add the sale of beer and wine (Type 41 ABC License) and beer, wine, and distilled spirits (Type 47 ABC license), for on-site consumption, in conjunction with an existing 2,165 square foot restaurant tenant space and a 950 square foot outdoor dining area. The proposed restaurant "Toast Kitchen + Bakery" is locally owned and is a full-service casual dining restaurant focusing on breakfast and lunch. The applicant operates another location that is located in Costa Mesa.The applicant intends to occupy an existing restaurant space that was formerly occupied by Pier 76 Fish Grill. The applicant proposes to utilize the existing layout that includes indoor and outdoor dining areas, restrooms, and kitchen and office areas. The following modifications are proposed as shown in Figure 3: • Construction of a 60 square-foot locking liquor storage area to store beer, wine, and distilled spirits when Type 41 and Type 47 ABC licenses are active. DocuSign Envelope ID:3B18794E-89A9-4BE5-BCDB-A9600ADOCC90 Zoning Administrator August 11, 2022 CUP 2022-0010 (Type 41 and 47 ABC Licenses) Page 4 • Construction of a 192 square-foot bar area with a twenty-seven (27) square-foot lineal liquor storage wall within the interior dining area that can accommodate eight (8) guests. The indoor dining area can accommodate approximately fifty-six (56) seats, and the 950 square foot outdoor dining area can seat approximately fifty-eight(58)guests. Any interior and exterior modifications, including signs, require review and approval by City staff pursuant to all applicable Tustin City Codes. (Attachment C - Submitted Plans). t -- - -- OCCUPANTLOAGS I KITCHEN 1,120.00 SQ.FT DINING 900.00 SQ.FT, ,w ----- _ OFFICE 145.00 SQ.FT. TOTAL AREA 2165.00 SQ.FT PROPOSED OUTDOOR DINING 950.00 SQ.FT. OCCUPANT LOAD DINING 1 120 75 ACCESSIBLE) KITCHEN '2012 =5 !15• (4 A LE 1 00 TOTAL OCCUPANT LOAD =80 P ', OUTDOOR DINING 950/153 TOTAL 143 900 square-foot dining area -- ------------------- ` ) 192 square-foot bar area + 27 square-foot �q .� liquor storage wall m 7T 60 square-foot locking 5a.(1 liquor storage area 9n0 C—Ig V1 jP C_11 'C JTIl - 950 square-foot ��� �� �1 �)1 f'Ih SEATING COUNT LEA] INDOOR SEATING 9 TABLES, CHAIRS, ( proposed outdoor h L B BAR SEATING 56 TOTAL SEATS dining area OUTDOOR DINING 21 TABLES 58 SEATS TOTAL SEATING _tO4 SEATS L('.JI LI J li JT.� IUQUOR STORAGE AREA ) LIQUOR SALES AREA. 192 SQ.FT. LOCKING LIQUOR STORAGE. 60 SQ.FT, LIQUOR STORAGE AT BAR27 LINEAL FEET OF SHELVING 192 S.F.+60 S.F.+27 S.F=279 27912165+13%AREA FOR LIQUOR STORAGE 8 SALE Figure 3-Floor Plan Alcoholic Beverage Sales The sale of beer and wine (Type 41 ABC license) and beer, wine, and distilled spirits (Type 47 ABC license), 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). The applicant is selecting to apply for a conditional use permit for two (2) State Alcohol Beverage Control (ABC) Department license types in order to phase in alcohol sales for on-site consumption into its business operation. The applicant intends to use the Type DocuSign Envelope ID:3B18794E-89A9-4BE5-BCDB-A9600ADOCC90 Zoning Administrator August 11, 2022 CUP 2022-0010 (Type 41 and 47 ABC Licenses) Page 5 41 ABC license to initially offer patrons a selection of beer and wine with the meal service, since the State's timing for issuing a Type 41 (beer and wine) license is more expeditious and aligns with the restaurant's operational plan. Within six (6) months, the applicant intends to apply for Type 47 license (beer, wine and distilled spirits) with the State, however this application process typically takes longer since the State ABC Department holds virtual drawings for new Type 47 licenses in Orange County. The applicant is seeking a CUP approval for a Type 47 ABC license in order to be eligible to enter the virtual drawing. If successful in obtaining a Type 47 license via the State ABC drawing, then the applicant will have ninety (90) days to complete a formal State ABC Department application. The applicant will only proceed with offering distilled spirits (specialty cocktails) with meal service in addition to beer and wine, if successful in obtaining a Type 47 license through the State ABC Department's licensing procedures. 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. In conformance with the Conditions of Approval (Exhibit D)and applicable regulations from the State Alcoholic Beverage Control Department, the applicant is required to provide a full menu food service when alcohol is available for sale and consumption. Hours of Operation The proposed hours of operation are between 8:00 AM to 10:00 PM, Monday through Sunday as shown in Table 1. The proposed hours of operation are consistent with the hours of other similar businesses in the vicinity, and the hours of operation will remain the same when the applicant obtains the Type 47 ABC License. Table 1 Op erating Hours Restaurant O eningHour ClosingHour (indoor/outdoor) Mondaythrough Sunda 8:00 AM 1 10:00 PM Public Convenience and Necessity The project site is located in Census Tract No. 0755.18, and the ABC has confirmed that the Census Tract is over-concentrated with establishments that serve alcohol. There are currently twenty-seven (27)on-site alcoholic beverage sales licenses in the Census Tract. Accordingly, the State ABC regulations and the proposed Conditions of Approval, would allow the proposed use to add to the diversity of uses within the area while ensuring the business operates responsibly within the commercial center setting. 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. The tenant space was previously occupied by a restaurant (Pier 76 Fish Grill)and DocuSign Envelope ID:3B18794E-89A9-4BE5-BCDB-A9600ADOCC90 Zoning Administrator August 11, 2022 CUP 2022-0010 (Type 41 and 47 ABC Licenses) Page 6 is located within TLSP SP-1 in PA 7. The proposed sales of alcohol for on-site consumption is an accessory use to a new restaurant tenant (Toast Kitchen + Bakery); therefore, no additional parking is required. CONCLUSION Analysis of CUP 2022-0010 has determined that the establishment, maintenance, and operation of the proposed on-site alcoholic beverage sales, in conjunction with an existing restaurant, 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 sales and consumption of beer and wine (Type 41 ABC license)and on- site consumption of beer, wine, and distilled spirits (Type 47 ABC license), 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. 22-007. Accordingly, staff recommends that the Zoning Administrator approve the request for CUP 2022-0010 authorizing the sale of beer and wine (Type 41), and beer, wine and distilled spirits (Type 47) in conjunction with a restaurant located at 15080 Kensington Park Drive, Suite 330, subject to the Conditions of Approval set forth in ZAA No. 22-007. Docu Signed by: Docu Signed by: Na� ��, fav "da vu 68740EF5F8E24C1_. E48A67E196754OF... Nader Khalil Raymond Barragan Associate Planner Consultant Principal Planner Consultant Docu Signed by: � a (�1,u r6v, TSAE588F82047F_. Irma Huitron Assistant Community Development Director— Planning Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans dated June 17, 2022 D. Zoning Administrator Action No. 22-010 ATTACHMENT A LOCATION MAP 430-331-01 �� �.� 43 — Al �® 43 —23 — 1-25 430-451-09 430 451-10 430-341-34 430-341-34 430-341-34 43 —24 430-341-34 '�✓ 430-341-34 43 -26 430-341-34 —28 430-451-08 430-451-12 430-341-34 430-341-34 — 0 430-341-34 43 1 7 430-341-34 430-341-34 430-451-07 430-341-34 43 —38 430-451-13 0 1— 430-341-34 430-451-06 4 —45 — 430-451-01 430 —15 430-451-02 430-451-05 1-37 43 8 430-451-03 430-451-04 0 —43 4 391-09 500' Radius Map 500' Land Uses/300' Owner 15080 Kensington Park Ste 330 Tustin CA APN(s)430-451-01 Prepared 6/11/2022 by Susan Case Inc w 43 - 1 inch = 200 feet s -33 -391-72 ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT (CUP 2022-0010) - TYPE 41 AND 47 ABC LICENSE IN CONJUNCTION WITH A RESTAURANT ESTABLISHMENT. 2. LOCATION: 15080 KENSINGTON PARK DRIVE, SUITE 330 -A TENANT SPACE IN AN EXISTING MULTI-TENANT COMMERCIAL CENTER IN PLANNING AREA 7 (PA 7) OF THE TUSTIN LEGACY SPECIFIC PLAN (TLSP) (SP-1) 3. APN: 430-451-01 4. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: N/A 5. SURROUNDING LAND USES: NORTH: RESIDENTIAL EAST: COMMERCIAL SOUTH: MIXED-USE URBAN 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: 248,292 SF (5.7 ACRES) 11. TENANT SPACE: 2,165 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 JUNE 17, 2022 1 2 3 4 V N ERP00 A SO ATES j S SAN D 0 SITE SUMMARY 6 ICNN�TT CT. C 0 ILL C 91709 49- 0- 437 F Building Area A DER 21 MSN CON Building-A(School) 8,000 sf Building-B(Market) 43,829 sf CQNS01AN15 Building-C(Shops 4) 4,500 sf __— _ -� Building D(Drug) 14,576 sf Building-E(Shops 3) 3,300 sf r3re - iU Building F(Shops 2) 6,000 sf Building-G(Shops 1 8,763 sfBLDG- v DG.K Building-H(Bank) 3,324 sf 777 s�r „ MOB I` - ! 8.387 SF,,. 1 i Lr`°' eioc'�" -- - 1^I _ BL0G.1 f t. 1A..., G9.000SF11 (MTORYI , `tr I eLac-c ! ''— ri -i c sg.aoosF ('I Building I(Shops 5) 6,000 sf !{ £ f t I Shops 1 _ ++ r i shopss Building-J(Med. fl icelRetail) sf 4,04C SF �l a _ Bui 8 545 BLDG-F Y --� _ � � 6.17gpsF _ -- 9 �+ i+ Ing-K(MOB) 0 sf f+ �I „ Build 0 60 00 Shops sogosF - a o - Building L(Med OfficelRetail) 6,455 sf ��— rt - i' _ Building-M(Acute-Care Hospital) 75,000 sf -0- 1f�' � - -- ;.. TOTAL GBA 248,292 sf - '� � � NEW LEGACY, LLC 1167 NEWPORT BLVD Parking Required: COSTA ME 92627 BLDG-E } - _ I Retail(BLDGS A TO I)98,292 sf n SA, CA i ---'_-c�_— i - � — - { +• �i 225 Stal15 i c,anEa I 3.30G 3 �T - T � -° d Medical Office(J&L)15,000 sf s 37 @ 4 t =------ 1000 90 stalls RECEIVED 2 stalls per bed) 160 stalls �� Building M(80 beds @ Building K(60,000 sf @ 1000) 360 stalls r, -- _ - SUN 172 . r q 'BLDG C 71.G L. r , BLDG LBLDG-AMedical �L*ERAFr. -86 sFBLDG-M COUR-YARD II R xios a TOTAL REQUIRED 47 stall COMMUNITY D41r Of@lREl— Acute Care —__- J 1 Hospital - ______ _ PARKING PROVIDED 05 stalls BY: 6 F ; - 1,1 T #3.829 SIF - — 13-STORY) _ �• BLpG..p .;_ — 75,000 SIF Drugstore Outdoor J 14.576 SF — Playground 80 beds ___J t '" y - r---- � � r o - aurid - — (10.96BSF) I _ -_—__—— a__J t'' LAND: 22.55 AC 982,304 SF - BLDG: 248,292 SF 1 j COVERAGE: 25.28% � - � MINIMUM BUILDING SETBACK: - - - --—- - ,, Edinger Avenue 20 feet 0 - ----------- --- ------- —- --- Tustin Ranch Road 30 feet o to � a s Valencia Avenue 25 feet r O Lu Kensington Park Drive 20 feet U —�-- — _ �— _ ,;,;.rte •. - .., ¢ c,y Minimum distance between buildings 10 feet o w , LANDSCAPE SETBACK: SITE - Edinger Avenue 30 feet Tustin Ranch Road 30 feet Valencia Avenue 30 feet SITE/ Kensington Park Drive 20 feet WARN{ arE eESCHP Ok VICINITY MAP I CAD No fLE ,. DRAWN BYAx t�8d ,,a EHKc BY, lP81 Eo;'YRiGM 0' 59 100'-.-.—_ 15a' IN AC#2012-129 SRE TRUE tir,rrFl 'RLE REGENCY CENTERS TUSTIN LEGACY SITE PLAN ¢23-2015 s _,• ©'� i 9 OVERALL SITE PLAN 915 Wilshire Blvd..Suite 2200,Las Angeles,CA 90011 144 North Orange St.,Orange,CA 92866 (714)639-9860 (213)553-2200 1 — 5 A.1 - S�EEr uoEz ar aro sHEns 1 2 3 4 5 V ERPOO A s ATES S SAN D 0 OCCUPANT LOADS A C IT KITCHEN 1,120.00 SQ.FT 6 1 NN r1. C 0 ILL 917 91709 DINING 900.00 SQ.FT, 49- a- Q7 �aOFFICE 145.00 SQ.FT. a DER 21 MSK.COM / / °oo Q TOTAL AREA 2165.00 SQ.FT D cousuLrnNTs PROPOSED OUTDOOR DINING 950.00 SQ.FT. Wim' z�� 60CFSS9BIL wF . arxc OCCUPANT LOAD: s4o ARCH EXISNIG 7'-6'% Q A-D6 -'-_ DINING 1,120115=75(4 ACC ES S I B LE) 7'-6'WALK-IN r �_ KITCHEN 1,1201200=5 *wC2431 -sx6'-6 WALK-IN FRZR TOTAL OCCUPANT LOAD =80 WAa_os r'--- — ❑ D 1 OUTDOOR DINING 950115=63 1 2 L6 TOTAL 143 1 � / a A 1 `'S �/ I �f RESTROOM EI ,/, ' 1 /\ A o6 - I IHTERNAIT.111401 OF ACCESSICILIIY 1 11 I /3�X.9 SIGN MUNI THERE.SEE DETAIL SHEET A-G8 _ I AECLGGIC: ' WIN- ' a WN . OIH9Ll [D---- O NEW LEGACY, LLC C �� ' C 1767 NEWPORT BLVD A_08 i EMISIING NENS`�� I - RCsfRODN 13 6 i R STORACCEWA! E 27 LINEAL FEE7 COSTA MESA,CA,92627 1 1 A o '=08 STORAGE BAR AREA OWNER OE I 192 SOFT,HAS AREA 1 I l'lTT��'� 1 I '� .N fib, HR.� Wea 1 I.NTERNhiI h'AL SyypDt OF W.CESSICI!n' SIGN NO NIEO HERE,SEE AH SHEET A-OR ILI . - AGGESSi61l 3-0'X6-B' -D"%6 C 5 - 5OUD CORE DOOR NEW S7Uo Wins A-os W/LOCKING FNRDWARE - - - - _ %96" _ .t El .—& ACC SSICNIY 60 SOK.!OC%TNG �TNG LIQUOR SIDRAGE AREA ��qq - �� 36"DIG',=%76°W.CE IRGN ACCESS SATE Y!f PUSH/PANIC NnRDWnRE — INTER LIDUETTE HrRE,-DE A.-IAIL 5 LIT% z SIGN C10VNTED NERC,SEE GEIhIL SHEf A-Dg 950. sq.f,t --- z c~7 ;P— U)U) Lu SEATING COUNT ¢ � o INDOOR SEATING 9 TABLES, 38 CHAIRS, I�fl'I`I'I 8 BAR SEATING 56 TOTAL SEATS OUTDOOR DINING 21 TABLES 58 SEATS Ill TOTAL SEATING _104 SEATS Jll LIQUOR STORAGE AREA HARK GATE DESCRIPNON --TIM _ LIQUOR SALES AREA: 192 SQ.FT. CADD NO:TWG f1LF FL ,mss. ug— CTA D LOCKING LIQUOR STORAGE: 60 SQ.FT, DRAWN 6r, 9919 A LIQUOR STORAGE AT BAR: 27 LINEAL FEET OF SHELVING A CHK'D m: 1911 GOPYRIGHT: 192 S.F.+60 S.F.+27 S.F.=279 279/2165+13% AREA FOR LIQUOR STORAGE&SALE sHEE,TOLE PROPOSED FLOOR PLAN PRELIMINARY FLOOR `LAIN SCALE:1/4--o' 1 I 2 I 3 1 q 5 A-0� _.- _�-._.. _ ,� _ ... _ sIEEr SHEET INDEX_ _ of TOTAL sxEErs ATTACHMENT D ZONING ADMINISTRATOR ACTION NO. 22-007 ZONING ADMINISTRATOR ACTION 22-007 CONDITIONAL USE PERMIT 2022-0010 15080 KENSINGTON PARK DRIVE, SUITE 330 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) 2022-0010 was filed by Ed Lee, on behalf of New Legacy Two, LLC dba "Toast Kitchen + Bakery," requesting authorization to allow the on-site sale and consumption of beer and wine (Type 41 ABC License) and on-site sale and consumption of beer, wine, and distilled spirits (Type 47 ABC license) in conjunction with a restaurant establishment (Toast Kitchen + Bakery) located at 15080 Kensington Park Drive, Suite 330. B. The project site is within the Tustin Legacy Specific Plan (TLSP) (SP-1) in Planning Areas 7 (PA 7) 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 for restaurants. C. The restaurant use is an established use operating as part of The Village at Tustin Legacy development. D. That a public hearing was duly called, noticed, and held for CUP 2022-0010 on August 11 , 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 7. The project site is designated as TLSP (SP-1) 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). Zoning Administrator Action 22-007 CUP 2022-0010 (Type 41 and Type 47 ABC License) Page 2 3) As conditioned, the on-site sale and consumption of alcoholic beverages would operate 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 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 applicant requests to operate the restaurant Monday through Sunday from 8:00 AM to 10:00 PM. 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: Zoning Administrator Action 22-007 CUP 2022-0010 (Type 41 and Type 47 ABC License) Page 3 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 Village at Tustin Legacy 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. 0755.18, where the project is located, is an over-concentrated area. There are currently twenty-seven (27) 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 2022-0010 authorizing the on-site sale and consumption of beer and wine (Type 41 ABC License) and on-site consumption of beer, wine, and distilled spirits (Type 47 ABC license) in conjunction with a restaurant establishment (Toast Kitchen + Bakery) located at 15080 Kensington Park Drive, Suite 330, 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 11th day of August, 2022. JUSTINA L. WILLKOM ZONING ADMINISTRATOR VERA HURTADO RECORDING SECRETARY Zoning Administrator Action 22-007 CUP 2022-0010 (Type 41 and Type 47 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. 22-007 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 11 t" day of August, 2022. VERA HURTADO RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 22-007 CONDITIONAL USE PERMIT 2022-0010 CONDITIONS OF APPROVAL 15080 KENSINGTON PARK DRIVE, SUITE 330 GENERAL (1) 1.1 The proposed project shall substantially conform with the plans dated August 11 , 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)2022-0010 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 22-007 CUP 2022-0006 (Type 41 and 47 ABC License) August 11, 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 2022-0010 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 2022-0010, 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 2022-0010, 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 2022-0010 (ZAA 22-007) 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. Zoning Administrator Action 22-007 CUP 2022-0006 (Type 41 and 47 ABC License) August 11, 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 on-site consumption and Type 47 ABC license for the on-site sales and consumption of beer, wine, and distilled spirits 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 alcohol license(s) 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. Zoning Administrator Action 22-007 CUP 2022-0006 (Type 41 and 47 ABC License) August 11, 2022 Page 4 (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) 2.10 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. The proposed fixed bar is permitted and shall only function as a food and beverage service bar for use by employees. (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. Zoning Administrator Action 22-007 CUP 2022-0006 (Type 41 and 47 ABC License) August 11, 2022 Page 5 (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 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. Zoning Administrator Action 22-007 CUP 2022-0006 (Type 41 and 47 ABC License) August 11, 2022 Page 6 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 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.