HomeMy WebLinkAbout02 ZA REPORT CUP 2022-0015 DocuSign Envelope ID:AA6C7711-8369-41 A1-9F34-CAOF173883B3
- ~ AGENDA REPORT ITEM 92
MEETING DATE: OCTOBER 13, 2022
TO: ZONING ADMINISTRATOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 2022-0015
APPLICANT: PROPERTY OWNER:
RODOLPHO PALACIOS TUSTIN GATEWAY L.P. C/O THE REMM GROUP
TERRA MIA PIZZERIA ATTN: MS. CARON WILSON
1641 EDINGER AVENUE, SUITE 101 207 W. 20TH STREET
TUSTIN, CA 92780 SANTA ANA, CA 92706
LOCATION: 1641 EDINGER AVENUE, SUITE 101
GENERAL PLAN: INDUSTRIAL (1)
ZONING: INDUSTRIAL (M)
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 LOCATED AT 1641
EDINGER AVENUE, SUITE 101 .
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 22-009
approving Conditional Use Permit (CUP) 2022-0015 to allow on-site sales and
consumption of beer and wine (Type 41 ABC license) in conjunction with a restaurant
establishment (Terra Mia Pizzeria) located at 1641 Edinger Avenue, Suite 101(Figure 1).
DocuSign Envelope ID:AA6C7711-8369-41 A1-9F34-CAOF173883B3
Zoning Administrator
October 13, 2022
CUP 2022-0015 (Type 41 ABC License)
Page 2
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Figure 1
Restaurant Establishment
APPROVAL AUTHORITY
The project site is located within the Industrial (M) zone where alcoholic beverage
establishments are listed as conditionally permitted uses pursuant to Tustin City Code
(TCC) Section 9242(b)(1) 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 in the Industrial (M) zoning district and Industrial General Plan
land use designation within an existing multi-tenant retail center at the Gateway Village at
the northeast corner of Edinger Avenue and Red Hill Avenue (Figure 2). The project site is
bounded by Edinger Avenue to the south, and residential uses to the north, commercial
uses to the south and west, and industrial uses to east. The Pacific Center East Specific
Plan (SP 11) is located across Red Hill Avenue. The project site was previously occupied
by a Maki-Zushi restaurant which also received approval for a CUP (CUP 05-009 and ZAA
No. 05-13) for a Type 41 ABC License in July 2005.
DocuSign Envelope ID:AA6C7711-8369-41 A1-9F34-CAOF173883B3
Zoning Administrator
October 13, 2022
CUP 2022-0015 (Type 41 ABC License)
Page 3
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a Project Location
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Figure 2 -Location Map
DISCUSSION
Project Summary
The applicant, Rodolpho Palacios, on behalf of Terra Mia Pizzeria, is requesting
authorization to add the sale of beer and wine (Type 41 ABC License) in conjunction with
an existing 1 ,950 square-foot restaurant tenant space. The "Terra Mia Pizzeria", a family-
friendly, neighborhood casual dining restaurant primarily serves New York-style pizza,
Italian sandwiches, salads, and baked dishes. The applicant operates a Terra Mia Pizzeria
restaurant in Laguna Hills that has been in operation for approximately ten (10) years.
The applicant provides an indoor dining area with up to twenty-four (24) seats, and an
approximate 475 square foot outdoor seating area with up to sixteen (16) seats. The
storage of alcohol will be located in the cooler and other dry storage rooms (Attachment
C - Submitted Plans). The applicant is not proposing any major tenant improvements at
this time.
Alcoholic Beverage Sales
The sale of beer and wine for on-site consumption in conjunction with a restaurant can be
authorized in conformance with the City's Alcoholic Beverage Sales Establishment
Guidelines adopted by the Planning Commission on March 13, 2018, and TCC Section
9271(dd). Pursuant to TCC Section 9271(dd), on-site alcoholic beverage sales, that include
on-site sale of alcohol at restaurants for on-site consumption, are exempt from distance
separation requirements to sensitive uses and other alcoholic beverage sales
establishments. In conformance with the Conditions of Approval and applicable regulations
DocuSign Envelope ID:AA6C7711-8369-41 A1-9F34-CAOF173883B3
Zoning Administrator
October 13, 2022
CUP 2022-0015 (Type 41 ABC License)
Page 4
from the State Alcoholic Beverage Control Department (ABC), the applicant is required to
provide a full menu food service when alcohol is available for sale and consumption.
Outdoor Dining Area
The applicant plans to re-purpose the former outdoor playground area, located adjacent to
Edinger Avenue, into an extension of the previously approved outdoor dining area. The 475
square foot outdoor dining area was approved by CUP 2002-026. At that time, a playground
area was located adjacent to the outdoor dining area and was separated by a fence barrier.
The playground area was originally approved with an approximate area of 12-foot by 16-
foot area (192 square feet). Alcohol service and consumption was prohibited in the
playground area under CUP 2005-009. The playground area was decommissioned years
ago and the applicant intends on activating the outdoor area for dine-in customer seating
which would result in an increase in outdoor seating from eight (8) seats to sixteen (16)
seats. The prior CUP 2002-026 approved a total of forty-four (44) seats for indoor and
outdoor dining areas. As proposed, the applicant plans to operate with a maximum total of
forty (40) seats. The establishment, maintenance, and operation of an expanded outdoor
dining area and the sales of beer and wine for on-site consumption in conjunction with a
bona fide restaurant 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 a detriment to the property and improvements
in the neighborhood of the subject property, nor to the general welfare of the City of Tustin
as evidenced by the findings in Exhibit D.
Hours of Operation
The proposed hours of operation are between 11:00 AM and 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. These hours are consistent with Condition 5.3 for
the CUP applicable to the center, CUP 02-026, which limits commercial activities at the
center from 7:00 AM to 10: 00 PM daily.
Table 1
Operating Hours
Opening Hour I Closing Hour
Restaurant Monday through Sunda
11:00 AM 1 9.00 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.
The Tustin Police Department has reviewed the proposal and does not have any
concerns regarding the proposed use and hours of operation. With the approval of a
CUP, the business operation would be required to operate in accordance with the State
ABC regulations and proposed Conditions of Approval (Attachment D — Exhibit A).
Accordingly, the business operation, as proposed, would add to the diversity of uses
DocuSign Envelope ID:AA6C7711-8369-41 A1-9F34-CAOF173883B3
Zoning Administrator
October 13, 2022
CUP 2022-0015 (Type 41 ABC License)
Page 5
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 sale of alcohol is proposed as an accessory use within an existing restaurant tenant
space. The tenant space was previously occupied by a restaurant (Maki-Zushi) and is
located within the Industrial (M) zone. The proposed sales of alcohol for on-site
consumption is an accessory use to a new restaurant tenant (Terra Mia); therefore, no
additional parking is required. In addition, as proposed and conditioned, the operation
will not exceed the number of previously approved total seats for both indoor and outdoor
dining areas.
CONCLUSION
Analysis of CUP 2022-0015 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. 22-009. Accordingly, staff
recommends that the Zoning Administrator approve the request for CUP 2022-0015
authorizing the sale of beer and wine (Type 41) in conjunction with a restaurant located
at 1641 Edinger Avenue, Suite 101, subject to the Conditions of Approval set forth in ZAA
No. 22-009.
EN
DocuSigned by: �--����--DocuSigned by:
06. 5F8E24C1..
6B74DEF5F8E24C1... E48A67E1967540F...
Nader Khalil Raymond Barragan
Associate Planner Consultant Principal Planner
----DocuSigned by:
'�"----2E5AE588F82047F...
Irma Huitron
Assistant Community Development
Director— Planning
Attachments: A. Location Map
B. Land Use Fact Sheet
C. Submitted Plans dated August 18, 2022
D. Zoning Administrator Action No. 22-009
ATTACHMENT A
LOCATION MAP
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ATTACHMENT B
LAND USE FACT SHEET
LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT (CUP 2022-0015) -
TYPE 41 ABC LICENSE
2. LOCATION: 1641 EDINGER AVENUE, SUITE 101 -A TENANT SPACE IN AN EXISTING
MULTI-TENANT RETAIL CENTER IN THE INDUSTRIAL (M)ZONE
3. APN: 430-281-02
4. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY:
CENTER: DR 02-032, CUP 22-032; CUP 05-009 (SUITE 101)
5. SURROUNDING LAND USES:
NORTH: RESIDENTIAL EAST: INDUSTRIAL
SOUTH: COMMERCIAL WEST: COMMERCIAL
6. SURROUNDING ZONING DESIGNATION:
NORTH: PLANNED COMMUNITY EAST: INDUSTRIAL (M)
RESIDENTIAL (PC-RES)
SOUTH: INDUSTRIAL (M) WEST: PACIFIC EAST SPEFIC PLAN
(COMMERICIAL CENTER)
7. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH: PLANNED COMMUNITY EAST: INDUSTRIAL (I)
RESIDENTIAL (PC-RES)
SOUTH: INDUSTRIAL (I) WEST: PACIFIC COMMUNITY
COMMERCIAL/BUSINESS (PCCB)
8. SITE LAND USE
EXISTING PROPOSED
A. LAND USE: COMMERCIAL NO CHANGE
B. GENERAL PLAN: INDUSTRIAL (I) NO CHANGE
C. ZONING: INDUSTRIAL (M) NO CHANGE
DEVELOPMENT FACTS:
9. LOT AREA: 174,240 SF (4 ACRES)
10. TENANT SPACE: 1,950 SF
EXISTING PROPOSED
11. PARKING: RETAIL CENTER PARKING NO CHANGE
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.
ATTACHMENT C
SUBMITTED PLANS
DATED
AUGUST 18, 2022
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ATTACHMENT D
ZONING ADMINISTRATOR ACTION NO. 22-009
ZONING ADMINISTRATOR ACTION 22-009
CONDITIONAL USE PERMIT 2022-0015
1641 EDINGER AVENUE, SUITE 101
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) 2022-0015 was filed
by Rodolpho Palacios, on behalf of Terra Mia Pizzeria, requesting authorization
to allow the on-site sale and consumption of beer and wine (Type 41 ABC
License) in conjunction with a restaurant establishment (Terra Mia Pizzeria)
located at 1641 Edinger Avenue, Suite 101 .
B. The project site is within the Industrial District (M) zone where alcoholic beverage
establishments are listed as conditionally permitted uses pursuant to Tustin City
Code (TCC) Section 9242(b)(1) 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 currently operating in the M zone.
D. That a public hearing was duly called, noticed, and held for CUP 2022-0015 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 (the City), in that:
1) The proposed sale of on-site alcoholic beverages, in conjunction with an
existing restaurant use, is allowed within the M zone. The project site is
designated as M which allows for a variety of retail, professional office, light
industrial, and service-oriented business activities serving a regional and
community-wide area and population.
2) As conditioned, the proposed on-site consumption of alcohol shall comply
with the Alcoholic Beverage Sales Establishment Guidelines as adopted by
the Planning Commission on March 13, 2018, and TCC Section 9271(dd).
3) As conditioned, the on-site sale and consumption of alcoholic beverages
would operate in conjunction with a restaurant where food will be served at all
times that alcoholic beverages are sold and served.
Zoning Administrator Action 22-009
CUP 2022-0015 (Type 41 ABC License)
Page 2
4) The restaurant use is located within a multi-tenant commercial 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 (TPD) 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 11:00 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 the establishment, maintenance, and operation of an expanded outdoor
dining area and the sales of beer and wine for on-site consumption in conjunction
with a bona fide restaurant 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 a
detriment to the property and improvements in the neighborhood of the subject
property, nor to the general welfare of the City as evidenced by the following
findings:
Zoning Administrator Action 22-009
CUP 2022-0015 (Type 41 ABC License)
Page 3
1) The proposed expansion of the dedicated area for outdoor dining use is
consistent with the zoning and development standards for the property and
will operate in accordance with policies and requirements of the Guidelines
for Outdoor Seating as established by Planning Commission Resolution No.
2490 in that:
a. The conversion of the outdoor playground area (approximately 192
square feet) into an expanded outdoor dining area, adjacent to an
ADA path of travel, remains separated from the public right-of-way
by a permanent barrier;
b. The outdoor patio area remains physically and clearly defined and
no changes are requested to the design of the patio enclosure;
c. The existing patio enclosure for outdoor seating is compatible with
the design of the main structure;
d. Access to the outdoor seating area will remain through an interior
door from the restaurant;
e. The outdoor seating area does not obstruct vehicular or pedestrian
traffic flow;
f. The existing architecture of the proposed patio structure is
compatible and consistent with the design of the center; and
g. The proposed outdoor dining area is not in close proximity to any
residential, school, or religious worship use in that it is located in a
commercial center with a self-storage facility to the east, an on-site
retail building and Edinger Avenue to the south, Red Hill Avenue to
the west, and railroad tracks to the north.
H. 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:
2) The proposed sale of alcoholic beverages is in conjunction with the
establishment of a restaurant.
3) The TPD has reviewed the application and has no immediate concerns, as
The Gateway Village 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.
4) The California Department of Alcoholic Beverage Control (ABC) has
confirmed that Census Tract No. 0755.18, where the project is located, is
Zoning Administrator Action 22-009
CUP 2022-0015 (Type 41 ABC License)
Page 4
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.
I. 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 2022-0015 authorizing the on-site sale
and consumption of beer and wine (Type 41 ABC License) in conjunction with a
restaurant establishment (Terra Mia Pizzeria) with accessory outdoor dining area
located at 1641 Edinger Avenue, Suite 101 , 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 22-009
CUP 2022-0015 (Type 41 ABC License)
Page 5
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. 22-009 passed and adopted at a regular meeting of the Tustin Zoning Administrator,
held on the 13th day of October, 2022.
VERA HURTADO
RECORDING SECRETARY
1 �
EXHIBIT A
ZONING ADMINISTRATOR ACTION 22-009
CONDITIONAL USE PERMIT 2022-0015
CONDITIONS OF APPROVAL
1641 EDINGER AVENUE, SUITE 101
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 Conditional Use Permit (CUP)2022-0015 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.
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
2 �
(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.
Any failure to do so would be a basis for revocation proceeding.
(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 2022-0015 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 2022-0015, 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 2022-0015, 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 2022-0015 (ZAA 22-009) shall remain in
full force and effect for as long as the business continues to operate.
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
31
(1) 1.11 Approved uses shall operate within all applicable State, County, and TCC
regulations. Any violations of the regulations of the California Department
of Alcoholic Beverage Control (ABC) as they pertain to the subject location,
or of the City, as they relate to the sale of alcoholic beverages, may result
in the revocation of the subject CUP, as provided by the TCC.
USE RESTRICTIONS
(***) 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. No off-site sale or consumption of alcohol for any type
of ABC license is authorized. All alcoholic beverages shall be consumed on-
site, with the exception of the provisions stated in the Business and
Profession Code Section 23396.5 and 23401. Approval does not authorize
alcohol service or consumption in any outdoor area. Any changes to the
land use and 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 total number of seats shall not exceed a total of forty-forty (40) seats,
twenty-four (24) are interior seats and sixteen (16) are outdoor seats.
Increases to the total, may be approved through the submittal of a parking
and land use summary, or as otherwise authorized by current provisions of
the TCC, that an adequate number of on- site parking spaces are available
to accommodate additional seating for the restaurant.
The business may operate until 9:00 p.m. unless otherwise modified with
the approval of the Community Development Director. 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.
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
41
(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.
(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 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.
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
51
(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.
(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
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
61
that is owned, leased, rented or used under agreement by the
licensee(s).
5) Procedures for verifying the age of patrons for purposes of alcohol
sales.
6) Procedures for ensuring that servers monitor patrons to ensure that
their drinking limit/potential intoxication is not exceeded. This
procedure should include a description of the procedure the server
would use to warn, or refuse to serve, the patron.
7) Procedures for calling the TPD regarding observed or reported
criminal activity.
8) Procedures for management of queuing lines.
9) The location and description of any video games proposed to be
on the premises.
(1) 2.19 There shall be no window coverings or advertisements that reduce the
visibility inside of the business.
(1) 2.20 All signs shall comply with the Tustin Sign Code and the following:
1) There shall be no exterior advertising directed to the exterior from
within, promoting or indicating the availability of alcoholic
beverages. No interior displays of alcoholic beverages or signs
which are clearly visible to the exterior.
2) Permissible window displays must be kept to a minimum for
maximum visibility and shall not exceed twenty-five (25) percent of
window coverage.
3) The applicant shall post "NO LOITERING" sign prohibiting loitering
on the exterior of the premises.
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."
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
71
(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.
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