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HomeMy WebLinkAboutPC MINUTES 03-26-24 MINUTES COUNCIL CHAMBER& VIDEO CONFERENCE TUSTIN PLANNING COMMISSION MEETING MARCH 26, 2024 7'00)0.M. CALLED TO ORDER. Given. PLEDGE OF ALLEGIANCE: Chair Kozak 1. PLANNING COMMISSION REORGANIZATION 2024 In accordance with the Planning Commission Policies and Procedures, adopted on April 13, 2021, the Planning Commission reorganizes around April of each year by appointing a new Chairperson and Chairperson Pro Tem. RECOMMENDATION. That the Planning Commission elect a Chairperson and Chairperson Pro Tem in accordance with the procedures outlined in the Planning Commission Policies and Procedures. Kozak Kozak opened nominations for Chairperson. Motion., Mello nominated Higuchi as Chairperson. Seconded by Kozak. Motion carried 4-0-1 with Higuchi being absent. Kozak Kozak opened nominations for Chairperson Pro Tem. Motion.- Mason nominated Douthit as Chairperson Pro Tem. Seconded by Mello. Motion carried 4-0-1 with Higuchi being absent. Nominations closed. Commission changed seating. present ROLL CALL: Chair Pro Tem Douthit Commissioners Kozak, Mason, Mello Absent Chairperson Higuchi PUBLIC INPUT: Hurtado Hurtado confirmed no public input received. Minutes— Planning Commission Meeting -- March 26, 2624 — Page 1 A,opro,vedthe CONSENT CALENDAR: Consent Calenclar, as presented. Hurtaolo Hurtado confirmed no public input received. 2. APPROVAL OF MEETING MINUTES- MARCH 12, 2024 RECOMMENDATION: That the Planning Commission approve the Minutes of the March, 12, 2024 Planning Commission meeting, as provided. Con t1n ue o'the 3. DEVELOPMENT AGREEMENT (DA) 2024-0001 item indefinitely. APPLICANT: APPLICANTZPROPERTY-OWNER: CITY OF TUSTIN (PARKS & REC.) THE IRVINE COMPANY 300 CENTENNIAL WAY 550 NEWPORT CENTER DRIVE TUSTIN, CA 92780 NEWPORT BEACH, CA 92660 SUMMARY: Development Agreement (DA) 2024-0001 is a request to amend DA 2014-001, modifying the terms by which the Tustin Community Center at The Market Place (Tustin) is utilized, including the amount of the reimbursed costs. On February 20, 2024, The Irvine Company submitted a request to continue the public hearing to the March 26, 2024 Planning Commission meeting, to allow time to refine the amendments to DA 2014-0001, Recently, The Irvine Company requested that the project be continued indefinitely as they work through issues and terms contained within, the existing D�A with City staff. RECOMMENDATION: That the Planning Commission continue the DA 2024-0001 public hearing item indefinitely. Motion.- It was moved by Mason, seconded by Kozak, to approve the Consent Calendar, as presented. Motion carried: 4-0-1. Minutes- Pianning Commission Meeting -March 26, 2024 - Page 2 None. PUBLIC HEARING. REGULAR BUSINESS: Approved the 4. 2022-2023 CERTIFIED LOCAL GOVERNMENT (CLG) ANNUAL recommended REPORT; 2023 HISTORIC AND CULTURAL RESOURCES ADVISOR action. (HCRA) ANNUAL REPORT, AND 2024 HCRA WORK PROGRAM AND DRAFT PROCLAMATION FOR DESIGNATION OF HISTORIC PRESERVATION WEEK SUMMARY: This report summarizes the City of Tustin's Certified Local Government (CLG) Annual Report for the reporting period of October 1, 2022 through September 30, 2023; the 2023 HCRA Annual Report - Goals and Accomplishments; the 2024 Work Program; and a recommendation that the City Council proclaim one week in May of each year as Historic Preservation Week. Following approval by the Planning Commission, acting as the HCRA, the CLG Annual Report will be first transmitted to the City Council to receive and file and then to the State Office of Historic Preservation (OHIP). RECOMMENDATION: Staff recommends that the Planning Commission, in its capacity as the HCRA, approve the 2022-2023 Certified Local Government (CLG) Annual Report and direct staff to forward the Annual Report to the City Council to receive and file. Staff also recommends that the Planning Commission receive and file the 2023 HCRA Annual Report - Goals and Accomplishments, adopt the 2024 HCRA Work Program, and recommend that the City Council proclaim one week in May of each year as Historic Preservation Week. Salman Presentation given. Willkom WiLLkom commended the Commission for their input over the prior years. She provided additional background to the Commission regarding possible activities during Historic Preservation Week,to include the Old Town Walking Tour. A46110 Mello asked Staff about the public workshops during Historic Preservation week and how they would be advertised to engage Tustin residents. Minutes— Planning Commission Meeting —March 26, 2024— Page 3 willkom In response to MeLLo's, previous question, WiLLkom stated Staff is currently working on plans for Historic Preservation Week (i.e. collaboration with the Tustin Historical. Museum (point workshops), social media, City website, Tustin Conservancy website, etc.) to create public awareness about the Historic Preservation, Week events. Douthit Douthit asked what the proposed dates would be for Historic Preservation Week. He suggested plaque nominations or historic significant items to be included on the Planning Commission agenda for that week. salman In response to Douthit's previous question, SaLman stated this year's proposed Historic Preservation week would occur May 7t'through May 141h Alas-on Mason mentioned the recent passing of Margaret Pottenger who was a significant member of Tustin,. She also suggested a formal invitation to the groups the City will be collaborating with and engaging the public to participate in Historic Week (i.e. possible booth at the Tustin Tiller Days in order to get the word out for next year's Historic Preservation Week). kluftado No public input received. Alotion: It was moved by Kozak, seconded by Mason to approve the recommended action. Motion carried: 4-0-1. STAFF CONCERNS: Wilikom WiLLkorn reported the following items to the Commission: Zoning Administrator (ZA) items approved earlier on March 26, 2024: CUP for World Racing at the District and ABC License (beer and wine) at the Tustin, Legacy Village (Ootero Bar, LLC);OC Business Journal's List of shopping centers ranked by taxable sales in Orange County (the Market Place ranked 41 Place; the District ranked 5` Place); on April 1st both Public Works and the Building Division will test a new pilot program (E-Reviews). The new software will allow staff to accept online applications for various permit processing (i.e. electronically upload documents/plans without the need to come into City Hall). COMMISSION CONCERNS: lk'ozak Kozak did not have any comments. mason Mason thanked staff for updates on the approved ZA items, Minutes— Planning Commission Meeting — March 26, 2024— Page 4 Douthlt Douthit had favorable comments regarding the World Racing ZA item. He also asked for any updates on the remaining Scoping Meetings which took place on March 131, and March 20". Eastman Eastman provided updates on the remaining Scoping Meetings to the Commission. 738,o.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, April 9, 2024. ERIC HIGU6�11 Chairperson JU-C6AA L. WILLKOM Planning Commission Secretary Minutes- Planning Commission Meeting-- March 26, 2024 - Page 5 RESOLUTION NO. 4486 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 20,23-0012 AUTHORIZING THE ESTABLISHMENT OF A COMMERCIAL RECREATION FACILITY (KARAOKE LOUNGE) WITH FOOD AND ONSITE SALE AND CONSUMPTION OF BEER,WINE, AND DISTILLED SPIRITS (TYPE 47 ABC LICENSE) AT 2493 PARK AVENUE. The Planning Commission does hereby resolve as follows: 1, The Planning Commission finds and determines as follows: A, That a proper application for Conditional Use Permit (CUP) 2023- 0012 was filed by Marilyn Mo on behalf of MM Interior Design, requesting authorization to establish a commercial recreation facility (karaoke lounge)with food and onsite sale and consumption (on-sale) of beer, wine, and distilled spirits (Type 47 ABC license) at 2493 Park Avenue. B. That the subject property is located within Planning Area (PA) 16-19 of the Tustin Legacy Specific Plan (SP-1) and has a General Plan land use designation of SP-1. C. That pursuant to Section 3.14.3 of SP-1, a CUP is required prior to establishment of a commercial recreation facility (karaoke lounge) and alcoholic beverage sales establishments. Tustin City Code (TCC), Section 9291 grants the Planning Commission the authority to consider and act on requests for a CUP. D. That pursuant to TCC Section 9299, the Zoning Administrator has the authority to consider and act on CUP applications for alcoholic beverage sales establishments but has deferred decision making authority to the Planning Commission to be considered concurrently with the commercial recreation facility (karaoke lounge). E. That a public hearing was duly called, noticed, and held for CUP 2023-0012 on April 23, 2024, by the Planning Commission. F. That in determining whether to approve the CUP, the Planning Commission finds that the establishment, maintenance, and operation of the proposed uses 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 Resdution No. 4486 CUP 2023-0012 Page 2 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. PA 16-19 of SP-1 allows for a variety of retail, commercial, and service-oriented business activities serving a regional and community-wide area and population. 2. As conditioned, the proposed on-sale of alcohol in conjunction with a food establishment shall comply with the Alcoholic Beverage Sales Establishment Guidelines as adopted by the Planning Commission on March 13, 20,18, and TCC Section 9271(dd). 3. As conditioned, the on-sale of alcoholic beverages would operate in conjunction with a food establishment use where food prepared onsite will be served at all times that alcoholic beverages are sold andl served. 4. The proposed commercial recreation facility (karaoke lounge) and food establishment uses are located within a retail shopping center where a variety of retail and other food establishments are located. As conditioned, the characteristics of the proposed uses and hours of operation would be similar to other similar establishments in the City. 5. An amended joint use parking study for The District was submitted evaluating the parking demand of all existing and proposed uses onsite and found that the existing number of parking spaces (4,833 spaces provided) is sufficient to accommodate all uses at peak periods (4,727 spaces required). 6. The Tustin Police Department has reviewed the application and has no concerns as conditioned. G. That the operational characteristics and features of the facility such as the hours of operation and onsite security 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, 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. Resolution No. 4486 CUP 2023-0012 Page 3 3. The on-sale of alcoholic beverages would be in conjunction with a karaoke lounge with food establishment where food prepared onsite will be served at all: times that alcoholic beverages are served. 4. The proposed karaoke lounge with, food establishment is located within a commercial center where a variety of retail, restaurant, and service uses are located. The applicant requests to operate Sunday through Saturday from 11:00 a.m. to 2:00 a.m. These hours are consistent with the characteristics of other karaoke uses in the City. 5. That the project site is oriented towards the interior of a commercial center and located more than 1,000 feet from the nearest residential use. H. That the development of an establishment selling alcoholic beverages shall be consistent with the General Plan and Zoning Code. I. That although the proposed establishment is located within an overconcentrated area of alcoholic beverage sales licenses, the sale of alcoholic beverages would not have a negative impact on the community in that: 1. The proposed sale of alcoholic beverages is in conjunction with the establishment of a commercial recreation facility (karaoke lounge) with food establishment. 2. The Tustin Police Department has reviewed the application and has no immediate concerns as the subject property 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. 755.18, where the project is located, currently has 12 on-sale licenses. The proposed on-site alcoholic beverage sales within a food establishment will not contribute negatively to the 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. J. That the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. Resolution No. 4486 CUP 2023-0012 Page 4 K. That this project is Categorically Exempt pursuant to Section 15301 (Class 1 — Existing Facilities) of the California Code of Regulations, (Guidelines for the California Environmental Quality Act),. II. The Planning Commission hereby approves CUP 2023-0012 authorizing the establishment of a commercial recreation facility (karaoke lounge) with food and onsite sale and consumption, of beer, wine, and distilled spirits (Type 47 ABC license) at 2493 Park Avenue, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 23rd day of April, 2024. ERIC HIGUC,, I Chairperson JUVINA L. WILLIKOM Planning Commission Secretary APPROVED AS TO FORM: MICHAEL DAb-CrT--' Assistant City Attorney Resdution No. 4486 CUP 2023-0012 Page 5 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4486 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of April, 2024. PLANNING COMMISSIONER AYES- Higuchi, Kozak, Mason, Mello (4) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Douthit (1) JUS A' L. WILLKOM Planning Commission: Secretary Exhibit A: Conditions of Approval EXHIBIT A CONDITIONAL USE PERMIT 2023-0012 CONDITIONS OF APPROVAL 2493 PARK AVENUE GENERAL (1) 1.1 The proposed use shall substantially conform to the project description and submitted plans for the project date stamped April 23, 2024, on file with the Community Development Department, except as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve minor modifications during plan check if such modifications are to be consistentwith the provisions of the Tustin City Code (TCC) and other applicable codes. (1) 1,2 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 and associated fee are received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1A Approval of Conditional Use Permit (CUP) 2023-0012 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 "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. (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. (1) 1.6 As a condition of approval of CUP 2023-0012, the applicant and property owner 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 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 Exhibit A- Conditions of Approval CUP 2023-0012 April 23, 2024 Page 2 officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant and/or property owner 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) 1.7 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to TCC Section 11 62(a). (1) 1.8 The applicant and/or property owner shall be responsible for costs associated with any necessary code enforcement action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.9 CUP 2023-0012 may be reviewed at any time by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with CUP 2023-001i2 or is found to be a nuisance or negative impacts are affecting the surrounding tenants or area, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke, the CUP. (1) 1.10 The applicant shall obtain the appropriate license from the State Department of Alcoholic Beverage Control (ABC)for the type of alcoholic sales authorized for the site (Type 47). A copy shall be provided to the City prior to final inspection. Any violations of the regulations of the State Department of 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 for in the TCC. USE RESTRICTIONS (1) 2.1 This approval authorizes a commercial recreation facility (karaoke lounge) with food establishment and a Type 47 ABC License (on-site sales of beer, wine, and distilled spirits). No room or area within the business shall be used or rented for purposes other than karaoke entertainment and food and beverage consumption. The proposed on-site consumption of beer, wine, and distilled spirits must be consistent with the State Department of ABC requirements. 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, Exhbt A- Conditions of Approval CUP 2023-0012 April 23, 2024 Page 3 (1) 2.3 Hours of operation shall be as follows unless otherwise modified with the approval of the Community Development Director in compliance with the City's Alcoholic Beverage Sales Establishment Guidelines Every Day (Sun-Sat) Food establishment 11 a.m. to 2 a.m. with alcohol sales (last call for alcohol sales at 12 a.m.) Karaoke 11 a.m, to 2 a.m. (1) 2.4 Any modifications to the approved operations or floor plan are subject to review and approval by the Community Development Director, or their designee, prior to implementation. Major modifications to either may require requesting approval of a new CUP as determined by staff. (1) 2.6 A minimum of two (2) security guards shall be on-site during operating hours, with as many as four(4) security guards provided at maximum occupancy. 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 increase the minimum number of State-licensed, uniformed security guards to a number determined by the Chief of Police. 2.6 All karaoke rooms shall maintain non-locking door hardware and a minimum 24-inch by 24-inch clear glass window for visibility into each room from the central hallway. 2.7 Surveillance cameras shall be installed and operated in good working order at the entrances and exits to the business, bar area, hallways, within every room, and outside of the bathrooms. The applicant is required to maintain a continuous record of the last 90 days' footage at all times and must be prepared to provide this footage to the Police Department upon, request. The location of such cameras shall be identified on building plans prior to issuance of a building permit. 2.8 The front desk shall be equipped with a "kill switch" kept in good working order that turns on all lights and turns off all music and TVs in the establishment. This switch must be made available to police officers, code enforcement officers, or other representatives of the City of Tustin or other regulatory/emergency agencies upon request. 2.9 Illumination levels within each karaoke room shall be sufficient to see inside the room through the glass window at the door. Light switches are not permitted within the karaoke rooms and instead, lighting shall be centrally controlled by the operating staff. Exhibit A-Conditions of Approval CUP 2023-0012 April 23, 2024 Page 4 (1) 2.10 The tenant space shall be soundproofed and volume maintained at appropriate levels such as to comply with the City's Noise Ordinance standards for both interior and exterior noise levels. Doors to the business shall remain closed at all times during operational hours. (1) 2.11 Should the bona fide public eating place cease to operate for any reason while the karaoke business continues to operate, the sale of alcoholic beverages shall cease immediately and authorization for oni-site alcohol consumption shall be revoked. (1) 2.12 Food must be served whenever the privileges of the on-sale alcohol license(s) are being exercised. The menu of the food establishment shall consist of foods prepared on the premises. (1) 2.13 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) 2.14 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) 2.15 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) years of age and older. (1) 2.16 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) 2.17 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) 2.18 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 and lounge are permitted and! must offer a selection of food to customers whenever the privilege of the on- sale alcohol license is being exercised,. Exhibit A-Conditions of Approval CUP 2023-0012 April 23, 2024 Page 5 (1) 2.19 A live entertainment permit is not required for karaoke singers. However, a live entertainment permit must be obtained if entertainment is proposed to occur by persons or via equipment not specifically exempted in TCC 3235, (1) 2.20 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) 2.21 In the event that there is 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) 2.22 There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (1) 2.23 Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. (1) 2.24 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) 2.25 Business operations shall be conducted in a manner that does not create a public or private nuisance, Any such nuisance must be abated immediately upon notice by the City of Tustin. (1) 2.26 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 be 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). Exhibit A-Conditions of Approval CUP 2023-0012 April 23, 2024 Page 6 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) 2.27 There shall be no window coverings or advertisements that reduce the visibility inside of the business. (1) 2.28 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) 2.29 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) 2.30 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) 2.31 No sexually oriented businesses shall be conducted on the premises without approval by the City of Tustin in accordance with the TCC. Exhibit A-Conditions of Approval CUP 2023-0012 April 23, 2024 Page 7 (1) 2.32 The on-site sales and consumption of beer, wine, and distilled spirits shall be restricted to the indoor tenant space area. No alcohol nor food shall be consumed in the outdoor dining area adjacent to District Drive. (1) 2.33 The gross annual sales of food should exceed the sale of alcohol. The gross annual sales receipts shall be provided to the Community Development Department annually upon request. To verify that the gross annual sale of food exceeds the gross annual alcohol sales, an audited financial statement shall be provided for review and approval by the Community Development Director upon request. If the audited financial statement demonstrates that the sale of alcohol exceeds the sale of food, the Community Development Director if the sale of alcoholic beverages shall cease immediately. 2.34 No amusement devices other than karaoke machines, including but not limited to video games, shall be permitted. 2.35 Prior to occupancy, the applicant shall obtain all applicable permits and inspections from the City of Tustin and the Orange County Health Care Agency for the commercial kitchen and food preparation. SIB AGE (1) 3.1 The applicant must obtain a sign permit from the Building Division prior to installing proposed signage. Signage shall comply with The District Master Sign Program. PLAN SUBMITTAL 4.1 Prior to building permit issuance, construction plans must include and identify the location of surveillance cameras as discussed in Condition 2.7 above. PUBLIC WORKS (1) 5.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). 1) The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least sixty-five (65) percent of the project waste material or the amount required by the California Green Building Standards Code. 2) The applicant will be required to submit a fifty dollar ($501.00) application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash, security deposit in the amount of five (5) percent of the project's valuation as determined Exhibit A-Conditions of Approval CUP 2023-0012 April 23, 2024 Page 8 by the Building Official, rounded to the nearest thousand. The deposit amount will be collected in accordance with the Tustin City Code. 3) Prior to issuance of'any permit, the applicant shall submit the required security deposit in, the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". FEES (1) 6.1 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 ORANGE COUNTY CLERK-RECORDER 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.