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Home My WebLink About01 ZA REPORT CUP 2022-0014 THE PARLOR DocuSign Envelope ID:AA6C7711-8369-41 A1-9F34-CAOF173883B3 AGENDA RITEM #1 MEETING DATE: OCTOBER 13, 2022 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2022-0014 APPLICANT: PROPERTY OWNER: JIMMY STAFFORD REXFORD INDUSTRIAL-15771 RED HILL, LLC THE PARLOR AT STAFFORD PRIME, LLC 555 ANTON BOULEVARD, SUITE 901 521 CARNATION AVENUE COSTA MESA, CA 92626 CORONA DEL MAR, CA 92625 LOCATION: 15771 RED HILL AVENUE, SUITE 100B GENERAL PLAN: INDUSTRIAL (1) ZONING: PLANNED COMMUNITY INDUSTRIAL/BUSINESS (PC IND/BUS) 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 USE LOCATED AT 15771 RED HILL AVENUE, SUITE 100B. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 22-008 approving Conditional Use Permit (CUP) 2022-0014 to allow on-site sales and consumption of beer and wine (Type 41 ABC license) in conjunction with a restaurant establishment (The Parlor) located at 15771 Red Hill Avenue, Suite 100B. DocuSign Envelope ID:AA6C7711-8369-41 A1-9F34-CAOF173883B3 Zoning Administrator October 13, 2022 CUP 2022-0014 (Type 41 ABC License) Page 2 ii all t r Figure 1 The Parlor Restaurant Establishment APPROVAL AUTHORITY The project site is located within the International Rectifier Planned Community (PC) and is zoned Planned Community Industrial/Business (PC IND/BUS), where alcoholic beverage establishments are listed as conditionally permitted uses pursuant to Tustin City Code (TCC) Section 9244 and the Planned Community Regulations for the International Rectifier Planned Community. Alcoholic beverage sales and consumption are 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 PC IND/BUS zone in an existing multi-tenant industrial building near the intersection of Red Hill Avenue and Bell Avenue (Figure 2). The project site is bounded by Red Hill Avenue to the east and Bell Avenue to the north, and industrial uses to the north and west. The Tustin Legacy Specific Plan (SP 1) is located across Red Hill Avenue. DocuSign Envelope ID:AA6C7711-8369-41 A1-9F34-CAOF173883B3 Zoning Administrator October 13, 2022 CUP 2022-0014 (Type 41 ABC License) Page 3 WY's w G� G 9 a ce, G t d` Project Location n e r n c Q' O ti Figure 2 -Location Map PROJECT DESCRIPTION Project Summary The applicant, Jimmy Stafford, on behalf of The Parlor, is requesting authorization to add the on-site sale of beer and wine (Type 41 ABC License) at 15771 Red Hill Avenue, Suite 100B. "The Parlor" is an existing catering kitchen with take-out food service with five (5) seats. The operator requesting an ABC license to complement its planned expanded services, which includes the establishment of an exclusive dining area experience that will accommodate up to twelve (12) seats (Figure 3). The expanded dine-in service will operate during breakfast, lunch, and dinner, Monday through Sunday, 9.00 am to 9.00 pm. The applicant's 1 ,642 square foot tenant space is located within a multi-tenant building with shared amenities including shared restrooms, entrance, and outdoor seating area. The applicant is requesting to provide alcohol service limited to the interior of the tenant space and is not proposing to serve food or alcohol in the shared outdoor seating area. The City has issued building permits for tenant improvements to the tenant space that are currently under construction for kitchen and dining area upgrades. Any subsequent interior and exterior modifications, including signs, require review and approval by City staff pursuant to all applicable TCCs (Attachment C - Submitted Plans). DocuSign Envelope ID:AA6C7711-8369-41 A1-9F34-CAOF173883B3 Zoning Administrator October 13, 2022 CUP 2022-0014 (Type 41 ABC License) Page 4 AREAS DEDICATED TO ALCOHOL SALES, PASTA,GEL,Ar, ROOM SHOWN STORAGE A kaDIS�Y SHOWN SHADED GRAY WITH SEATING tDR'CH E F'S -- INC._. 699 SF(NET) TA E DINNER"nENTS TOP SF:" SEATING FOV 11 I I -I ! _ w -0 5 sn&G_LAT"' -04 N 1 4 1211 RETAIL/ Il 3 TAIL OUT A5 14 -4 RESTAURANTS" $F7 AREA T,I 1n •� i i 12-P ING � f I I I CT Ek'8I:vT' I 15 jfF Pi'T 6 I _'S3 .6' aufly 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, which include the on-site sale of alcohol at restaurants for on-site consumption, are exempt from separation requirements to sensitive uses and other alcoholic beverage sales establishments. In conformance with the Conditions of Approval and applicable regulations from the State Alcoholic Beverage Control Department (ABC), the applicant would be required to provide full menu food service when alcohol is available for sale and consumption. Dining and Take-Out The twelve (12) person seating area is part of the applicant's plan to offer a reservation only 11chef's table dining experience". The applicant plans to serve wine and beer for these dining experiences as pairings for the dinner courses. As a condition of approval, all alcohol will be consumed on-site, with the exception of the provisions stated in Business and Professions Code Sections 23396.5. and 23401 . The take-out area, will be open to the public for breakfast, lunch and dinner featuring the sale of espresso, woodfired pizza, classic fresh pasta, seasonal salads, and homemade gelato. A take-out customer could purchase a bottle of wine with their food purchase. As a condition of approval, all alcohol will be DocuSign Envelope ID:AA6C7711-8369-41 A1-9F34-CAOF173883B3 Zoning Administrator October 13, 2022 CUP 2022-0014 (Type 41 ABC License) Page 5 consumed on-site, with the exception of the provisions stated in Business and Professions Code Sections 23396.5. and 23401 . Hours of Operation The proposed hours of operation are between 9:00 AM to 9:00 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. Table 1 Operating Hours Opening Hour I Closing Hour Restaurant Monday through Sunda 9:00 AM 1 9.00 PM Public Convenience and Necessity The project site is located within Census Tract No. 0755.17, which the ABC has determined is over-concentrated with establishments that serve alcohol. The Tustin Police Department reviewed the proposal and does not have any concerns regarding the proposed hours of operation. There are currently nine (9) on-site alcoholic beverage sales licenses in the Census Tract. The business operation, as proposed, would add to the diversity of uses within the area and adherence to the State regulations and Conditions of Approval would ensure that the business operates responsibly within the retail center setting. Parking The project site is within an existing multi-tenant industrial building in the International Rectifier PC. Per the corresponding Planned Community Regulations, restaurants are required to provide parking in the amount of one (1) parking space per three (3) seats provided for patrons or six (6) spaces for the subject tenant space. Additionally, the multi- tenant building was approved at a parking ratio of one (1) parking space for every 250 square feet or eight (8) parking spaces for the subject tenant space. Therefore, the subject project complies with the prescribed parking requirements. CONCLUSION Analysis of CUP 2022-0014 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) 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. 22-008. DocuSign Envelope ID:AA6C7711-8369-41 A1-9F34-CAOF173883B3 Zoning Administrator October 13, 2022 CUP 2022-0014 (Type 41 ABC License) Page 6 Based on this report and the findings and Conditions of Approval contained in ZAA 22- 008, staff recommends that the Zoning Administrator adopt ZAA 22-008 approving CUP 2022-0014 to authorize the sale of beer and wine (Type 41) in conjunction with a restaurant located at 15771 Red Hill Avenue, Suite 100B. EN0 DocuSigned by: � ��- DocuS- igned by:cu v i LLaU� �--Lr=ba bavv'ar,6B740EF5F8E24C1... 7E196754OF... Nader Khalil Raymond Barragan Associate Planner Consultant Principal Planner DocuSigned by: ��a (�ltitfV'bin, 2ESAE588F82047F... Irma Huitron Assistant Community Development Director— Planning Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans dated August 10, 2022 D. Zoning Administrator Action No. 22-008 ATTACHMENT A LOCATION MAP ACE Garagea� Ya'J 0T I�Amex nt �TJsti"c Legacy Q- se p Vet rQp at r` n c¢ nape ur Q ^A0 e w cOirese 0/1 ae Advanced Technology& r Education Park(ATEP) Genes 'rte Me , r i C erre 0A o1 4�� y e perry pr 1-0V P CJS Army Res a Center The UO N 200 FT MAP PREPARED 07-13-2022 ye APPLICANT: �ad\\P 0 ECARNA ION AVESTAFFORD CORONA PRIME, DEL MARC 0 J 26 5S STAFFORD 521 PROJECT ADDRESS: 15771 RED HILLAVE,SUITE 100B,TUSTIN,CA92780-7303 %IS40 b0 ■ SUBJECT PROPERTY BOUNDARIES 2 NERSHIPUSrINGSUIONS� Pa • 300-FOOT RADIUS FROM EXTERIOR BOUNDARIES OF 2 SUBJECT PROPERTY ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT (CUP 2022-0014) - TYPE 41 ABC LICENSE. 2. LOCATION: 15771 RED HILL AVENUE, SUITE 100B -A TENANT SPACE IN AN EXISTING MULTI-TENANT INDUSTRIAL BUILDING CENTER IN THE PLANNED COMMUNITY INDUSTRIAL/BUSINESS ZONE 3. APN: 430-231-04 4. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: RESOLUTION NO. 4413 GRANTING CUP 2020-0019 AND DESIGN REVIEW 2020-0019 5. SURROUNDING LAND USES: NORTH: COMMERCIAL EAST: COMMERCIAL SOUTH: INDUSTRIAL WEST: INDUSTRIAL 6. SURROUNDING ZONING DESIGNATION: NORTH: PLANNED COMMUNITY EAST: TUSTIN LEGACY SPECIFIC PLAN INDUSTRIAL/BUSINESST( LSP) (PC IND/BUS) SOUTH: PLANNED COMMUNITY WEST: PLANNED COMMUNITY INDUSTRIAL/BUSINESS INDUSTRIAL/BUSINESS (PC IND/BUS) (PC IND/BUS) 7. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PLANNED COMMUNITY EAST: TUSTIN LEGACY SPECIFIC PLAN COMMERCIAL/BUSINESST( LSP) (PCCB) SOUTH: INDUSTRIAL (I) WEST: INDUSTRIAL (I) 8. SITE LAND USE EXISTING PROPOSED A. LAND USE: INDUSTRIAL NO CHANGE B. GENERAL PLAN: INDUSTRIAL (I) NO CHANGE C. ZONING: PC IND/BUS NO CHANGE DEVELOPMENT FACTS: 9. LOT AREA: 271,814 SF (6.24 ACRES) 10. TENANT SPACE: 1,834 SF EXISTING PROPOSED 11. PARKING: 394 NO CHANGE See Parking Summary' 12. BUILDING HEIGHT: ONE STORY NO CHANGE 13. 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. Notes: 'Parking summary - The project site is within an existing multi-tenant industrial building in the International Rectifier PC. Per the corresponding planned community regulations, restaurants are required to provide parking in the amount of one (1) parking space per three (3) seats provided for patrons or six (6) spaces for the subject tenant space. Additionally, the multi-tenant building was approved at a parking ratio of one (1) parking spaces for every 250 square feet or eight(8) parking spaces for the subject tenant space. Therefore, the subject project complies with the prescribed parking requirements. ATTACHMENT C SUBMITTED PLANS DATED AUGUST 10, 2022 ® — 4m Al ul � ems, s� s a d I II IL I P nFrommorm 71 r Y�. M WINEBOTTLE COUNT ssss�svtao�� _.,.meo.��Es.o�sMo�,� Ee�Ee,�,e��,� '°°,.�•" El TE' , A� oK—NT a� s�s;:T=iooTT�Es - ev o.�E�s..v�. Y-e;r<. `.< .<i:XE,..E�,e F F orar NooToerwee'.soerweas SNeLe1NGEG _ i _ succor..s.rw. J _ TOTaLoaawEa—NT.I eoTT— ri O TOT--T—iea.Ta=asa—T— - ,.� z„;�k"i-; ?," ,:z: eoe�e eeee�� d LL eo..�s�zEANo�oosEs.oa��E�NF��a�.�oN , Lu Q ANONo.N�s�,a��r.,,EN�,eE�oFeo..�soF �, m m o�� EN. SEs os�zEs.A. F�.�N rTN'TTTETDLE`-U0SKTTIID m — X.X,y`'.X.X,1.1; _ �oe�,.erto� rt oe I I soF�.000sE e�,,.VE�EE� 0 z Eo Eo Eo ul u ,ee.o eee�,.o _ON —TION T a a LEGEND GD --. -—-- � t i GENERAL NOTES Off.,M, i y v a� -- 1 1 �.ngw 1 I F ' CALCULATION 14 f - n 1� ti 'r. s O REDHILL AVE. F — — — — — — — — — — ------------------- ------------------ -------------------. — w oQ ap Qo - O w� Q LEGEND EXITING PLAN NOTES -------------- Nil oqp PLUMBING PUMBING FIXTURE ANALYSIS x7mm\\` 0 0 Ln 0 0 ATTACHMENT D ZONING ADMINISTRATOR ACTION NO. 22-008 ZONING ADMINISTRATOR ACTION 22-008 CONDITIONAL USE PERMIT 2022-0014 15771 RED HILL AVENUE, SUITE 1006 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) 2022-0014 was filed by Jimmy Stafford, on behalf of The Parlor at Stafford Prime, LLC, requesting authorization to allow the on-site sale and consumption of beer and wine (Type 41 ABC License) in conjunction with a restaurant use (The Parlor) located at 15771 Red Hill Avenue, Suite 100B. B. The project site is within the International Rectifier Planned Community and is zoned Planned Community Industrial/Business (PC IND/BUS), where alcoholic beverage establishments are listed as conditionally permitted uses pursuant to Tustin City Code (TCC) Section 9244 and the Planned Community Regulations for the International Rectifier Planned Community. Pursuant to TCC Section 9299b(3)(g), the Zoning Administrator has the authority to review and approve CUPs for alcoholic beverage sales licenses for restaurants. C. The restaurant use will operate pursuant to the International Rectifier Planned Community regulations for properties within the PC IND/BUS zone. D. That a public hearing was duly called, noticed, and held for CUP 2022-0014 on October 13, 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 a restaurant use, is allowed within the International Rectifier Planned Community for properties zoned PC IND/BUS. The project site is designated as PC IND/BUS 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 22-008 CUP 2022-0014 (Type 41 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 multi-tenant industrial center where a variety of office and other 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 an industrial center where a variety of office and food uses are located. The applicant requests to operate the restaurant Monday through Sunday from 9:00 AM to 9:00 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: 1) The proposed sale of alcoholic beverages is in conjunction with a restaurant. Zoning Administrator Action 22-008 CUP 2022-0014 (Type 41 ABC License) Page 3 2) The Tustin Police Department has reviewed the application and has no immediate concerns, as the industrial property, where the 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. 0755.17, where the project is located, is an over-concentrated area. There are currently nine (9) 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. 755.17 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 2022-0014 authorizing the on-site sale and consumption of beer and wine (Type 41 ABC License) in conjunction with a restaurant establishment (The Parlor) located at 15771 Red Hill Avenue, Suite 10013, 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 13th day of October, 2022. JUSTINA L. WILLKOM ZONING ADMINISTRATOR VERA HURTADO RECORDING SECRETARY Zoning Administrator Action 22-008 CUP 2022-0014 (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. 22-008 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 13th day of October, 2022. VERA HURTADO RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 22-008 CONDITIONAL USE PERMIT 2022-0014 CONDITIONS OF APPROVAL 15771 RED HILL AVENUE, SUITE 10013 GENERAL (1) 1.1 The proposed project shall substantially conform with the plans dated October 13, 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 CUP 2022-0014 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 (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Zoning Administrator Action 22-008 CUP 2022-0014 (Type 41 ABC License) October 13, 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 2022-0014 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 2022-0014, 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 2022-0014, 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 2022-0014 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 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. 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 22-008 CUP 2022-0014 (Type 41 ABC License) October 13, 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 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 9:00 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 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. 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 22-008 CUP 2022-0014 (Type 41 ABC License) October 13, 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 All alcohol shall be consumed on-site, with the exception of the provisions stated in Business and Professions Code Sections 23396.5. and 23401. (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 contests 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. 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 22-008 CUP 2022-0014 (Type 41 ABC License) October 13, 2022 Page 5 (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. (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. 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 22-008 CUP 2022-0014 (Type 41 ABC License) October 13, 2022 Page 6 (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 a "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. 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 22-008 CUP 2022-0014 (Type 41 ABC License) October 13, 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. 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