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HomeMy WebLinkAboutRDA 02 LIC AGMT FOR PARKING SPACES 12-04-06 AGENDA REPORT Agenda Item RDA2 Reviewed: City Manager Finance Director MEETING DATE: DECEMBER 4,2006 TO: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR FROM: REDEVELOPMENT AGENCY STAFF SUBJECT: LICENSE AGREEMENT FOR USE OF PARKING SPACES IN THE STEVENS SQUARE PARKING STRUCTURE AND WAIVER OF FEES - DECINCES (BEACH PIT BBQ) SUMMARY This action is to authorize the execution of a license agreement for the use of ten (10) parking spaces owned by the Tustin Community Redevelopment Agency in the Stevens Square Parking Structure and to waive license fees. RECOMMENDATION It is recommended that the Agency: 1. Authorize the Executive Director to execute a license agreement by and between the Tustin Community Redevelopment Agency and Tim DeCinces for the use of ten (10) parking spaces owned by the Agency in the Stevens Square Parking Structure; and, 2. Approve the waiver of fees for the use of these spaces. FISCAL IMPACT The license fees for the ten (10) spaces for which the waiver is requested have an approximate cost of $4,321.60 per year. DISCUSSION Mr. Tim DeCinces, tenant of the property located at 560 EI Camino Real, requested approval to establish a restaurant, Beach Pit BBQ, at the property currently occupied by Tustin Garage, and to modify the building interior and exterior to accommodate the use. The Zoning Administrator approved Zoning Administrator Action 06-008 authorizing William A. Huston License Agreement - DeCinces (Beach Pit BBQ) December 4, 2006 Page 2 Conditional Use Permit 06-009 and Design Review 06-014. One of the conditions of approval for the project required the applicant to enter into a license agreement with the Redevelopment Agency for a total of ten (10) parking spaces in the City's parking structure. A copy of the Zoning Administrator Action 06-008 is attached as Exhibit A. The Tustin Community Redevelopment Agency has a condominium interest in 81 parking spaces in the second level of the Stevens Square Parking Structure. The Stevens Square Association owns the remainder of the condominium interest and parking spaces in the structure. A total of sixty-two (62)-parking spaces have been previously licensed to other business interests in Old Town to mitigate their need for parking. The ten (10) spaces being requested by the applicant will bring the number of spaces under current licenses to seventy-two (72) total spaces. The Agency's normal license rate for each space is $36 per month, or $432 per year per space with a total license fee for the ten (10) spaces requested by Mr. DeCinces of $4,321 per year. The applicant is requesting that these license fees be waived. The six currently active license agreements for Agency owned spaces in the parking structure have had their fees waived by the Agency. Staff believes that the request of the applicant for waiver of license fees is justified as a means of supporting the expansion of a successful business in Old Town. The applicant's business is within one block of the parking structure, meeting the Agency's concern that the use of the structure be practical for the businesses. Further, it should be noted that fee has really a de minimus value in the context of the project and its costs and benefits to the Old Town area. Matt West Redevelopment Project Manager Christine A. Shingleton Assistant City Manager Attachment: Zoning Administrator Action 06-008 S:\RDA\CC report\AgendaReport, 12-4-06 Lic Agrmt, Beach Pit BBQ.doc LICENSE AGREEMENT FOR PARKING RIGHTS This Agreement for parking rights is made this day of 2006, by and between the TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a California community redevelopment agency ("Agency"), and Tom DeCinces individual ("Licensee"), collectively the Parties. R E C I TAL S: A. Licensee is tenant of the premises located at 560 EI Camino Real, Tustin, California (the "Property"), which Licensee proposes to lease as a restaurant use pursuant to Conditional Use Permit 06-009 and Design Review 06-014 (the "Project"); and B. The Property does not have sufficient on-site parking to conform to requirements of the City of Tustin; and C. Agency is the owner of an interest in the Stevens Square Parking Structure, to- wit: Unit 1 as shown and described on that certain Condominium Plan, recorded September 30, 1982, as Document No. 82-334857, Official Records, Orange County, California, excepting there from all common areas therein being outside of the interior boundary planes of parking spaces numbered 133 through 213, inclusive, together with an undivided 38.3% interest as tenants in common and to Parcel 1, as shown on that certain Parcel Map recorded in Book 174, pages 4-7, inclusive, of Parcel Maps, Records of Orange County, California; and D. Said Unit 1 is situated on the easterly portion of the upper level of the Stevens Square Parking Structure, which is located on the easterly side of C Street, southerly of Main Street in the City of Tustin, California. Said Unit 1 contains 81 parking spaces (spaces 132 through 213); and E. Licensee desires to obtain permission to utilize the Agency's parking spaces for the Property. F. Parties acknowledge that parking in the Old Town area of the City is typically provided on private or public parking facilities at no cost to the general public; thus, the provision of a non-exclusive license for parking has a de minimus value in the context of the Project. AGREEMENT NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Agency grants to Licensee a license for the non-exclusive use of ten (10) of the Agency's parking spaces in the Stevens Square Parking Structure, numbered 132 through 213, and as is shown on the Parcel Map which is attached hereto as Exhibit "A" and incorporated herein by reference. 3. This License is personal to the Licensee's proposed restaurant premises at 560 EI Camino Real only and for use by proposed licensee's restaurant customers. It is non-assignable and any attempt to assign this License terminates it. 4. Licensee shall post a sign adjacent to its proposed on-site parking lot for the project indicating that additional parking is available at the Steven's Square Parking Structure and providing general directions. Said signage shall be subject to review and approval of the Agency and Community Development Department. 5. This License Agreement is terminable by the Agency upon thirty (30) days notice. 6. If this License Agreement is terminated by either Party, Licensee shall have thirty (30) days in which to secure and replace the ten (10) parking spaces provided for in this License Agreement. Such spaces shall be located and secured in a location from which they can be reasonably used by patrons or other individuals visiting Licensee's Property in conformance with City of Tustin parking requirements and shall be subject to 2 the approval of the Agency. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written. "AGENCY" TUSTIN COMMUNITY REDEVELOPMENT AGENCY By: William Huston, Executive Director "LICENSEE" Tom De Cinces, Tenant at 560 EI Camino By: ATTEST: By: Pamela Stoker, City Clerk APPROVED AS TO FORM: By: By: Douglas Holland, City Attorney S:\RDA\Licenses - nonTustinLegacy\DeCinces Parking Agreement.doc 3 ATTACHMENT A Condominium Plan for Parcel Map No. 82-1026 (Stevens Square Parking Structure) ( PLANS FOR 82-1026 CONOOMII~lUM PARCEL MAP NO. PARKING PLAN UPPER LEVEL UNIT9 e hNO !J /~7/~' S9 ,,~ R"<:MP DOWN ll'\ ~ .... ~ l)o. ..... ~ ~ ~ tIl ~ '1~' ,~. ,~. '" () ~ ~ ~ ~~i"~ ~ ~, ~ ~ ~ I I /41 .;:. " ~ \(\ ~ " ..... lI\ 'l\ "' ~ ..... "- ~ ~ l). ~ ..... ~ ...-.....rr ....._C.,-T 0,0..1..,(; C::Pllrl" l...lJ-"':;::"(.....) .~ '\. I" ff /9r /1(1 "" ~ EXHiBIT "A" Exhibit A Zoning Administrator Action 06-008 inter-Com -;.j-'>it...--. }~~ '/V~~" r""'''~'11 11.'- ., I -...".,.., , , ,', "-I~~~~ I " "'''} , . ,.;..~, ~' ',";;';"'''. ~.~'"~~, ,.' \ (.i"'~-* 1c~' "~$i. ~~/ .,. DATE OCTOBER 30, 2006 TO: ZONING ADMINISTRATOR FROM_ COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT; CONDITJONAL USE PERMIT 06-009 & DESIGN REVIEW 06-014 PROPERTY VIVIAN DELGADO PALLAIS OWNER: 9620 MONTE MAR DRIVE LOS ANGELES, CA 90035 APPLICANT: HOME PLATE DEVELOPMENT A TTN: TIM DECINCES 711 W.17TH STREET#B12 COSTA MESAt CA 92627 LOCATION: 560 EL CAMINO REAL GENERAL PLAN: OLD TOWN COMMERCIAL ZONING; CENTRAL COMMERCIAL. PARKING DISTRICT OVERLAY (C2-P), AND CUL rURAL RESOURCES OVERLAY DISTRICT ENVIRONMENTAL 5T A TUS: THIS PROJECT IS CA TEGORJCALl Y EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUAL.ITY ACT REQUEST; A REQUEST FOR ALTERATION OF AN EXISTING HISTORICAL BUILDING (TUSTIN GARAGE) TO ESTABLISH A RESTAURANT WITH ON-SITE BEER AND WINE SALES [TYPE 41) IN OLD TOWN TUSTIN RECOMMENDATION That the Zonlng Administratol adopt Zoning Administrator Action No. 06-008 approving Conditional Use Permit (CUP) 06 009 and Design Review {DR) 06-014. BACKGROUND The property is located within the City's Central Commercial (C 2 P), Cultural Resources and Parking Overlay Districts, and the Town Center Redevelopment Project Area. The applicant is requesting to remodel the building anl1 establish a full-service restaurant with on-srte beer and wine sales. One hundred and two seats are proposed for interior and patio dining Establishments of restaurants with on site alcoholic Zoning Administrator Report CUP 06 009 & DR 06-014 Page 2 beverage sales can be authorized with approval of a conditional use permit by the Zoning AdminIstrator pursuant to Tustin City Code (TCC} Section 9299b(3)(f), In addition. since the building is located within a redevelopment area. exterior remodel of the bUlldmg IS also subject to approval by the Zoning Administrator. Site and Surrounding Properties The project site is located on the northwest corner of EI Camino Real and Sixth Street in Old Town Tustin (See Attachment A Location Map) and has been used as an auto repair shop since 1915, A portIon of the parking lot is located on a separate parcel an 135 W, Sixth Street (Assessor Parcel Number 401-622-16). Surroundmg land uses Include residential uses to the west, restaurants and retail stores to the north and south, and a vacant parcel on the east side of EI Camino Real and 6th Street. The prOject site tS improved with a building, rated 'C' In the Hlstonc Resources Survey Report and known as the Tustin Garage. DISCUSSIONI ANALYSIS Proiect Descriotion Restaurant Use The applicant is proposing to operate a restaurant in the historic Tustin Garage bUilding. The restaurant would include a dining area and an interior courtyard with a small play area is also proposed at the rear The main access to the restaurant is provided from EI Camino Real and a secondary access is provided from the parking lot at the rear. The applicant has proposed 102 seats within the dining area and the interior courtyard. The applicant has also proposed to include four Video game machines along an interior wall and a small bar area facing the main entry. The proposed dally hours of operation are from 11:00 AM, to 10.00 P.M. Restaurant uses are outright pennitted within the C-2 zoning district The project site IS located on El Camino Real, which is a commercral corridor for Old Town Tustin where a variety of retaIl, office, and restaurant uses are located. The characteristics of the use and hours of operation would be similar to other restaurants in the vleln Ity. Staff believes that a restaurant use will be a desirable reuse of the auto service building and in keeptng With the VISions of Old Town Tustin. Exterior Modificalions The structure was built in 1915 with a high stucco clad fafiade reminiscent of misston style architecture and has been used as a garage ever since. The applicant is proposing to remove the glass windows on the EI Camino Real fayade and replace them with industrial (corrugated metal) rollup doors that would be compatible with the building style. The doors will be rolled up dunng business hours to open the porch dining area and the main entrance to invite patrons into the restaurant. Since the building is unique in its mission style, the proposed improvements will provide an acceptable alteration for reuse of the Zoning Adminislrator Report CUP 06-009 & DR 06.014 Page 3 building without signlficant impact to the historic character of the structure or the neighboring properties. Accent lighting in the form of building mounted lighting on the front and gooseneck poles tn the parking area ls also proposed Condition 3.9 is included to require that the light designs are compatible with the architectural design of the building and directed to illuminate the private parking area. Since the site has been used as an auto repair shop, redevelopment of the site would be subject to the requirements of the County's Environmental Health Care Agency. Conditions 3.1 to 3.16 include building code. accessibility, and fire code requirements for reuse of the bUlldmg. Parkino The proposed 102 seats require a mfnimum of 34 parking spaces at a parking ratio of one stall per three seats. The project site can accommodate nine parking spaces, including one handicap accessible space: therefore, the applicant would need to consider alternative parking options to satisfy the parking requirement On-street parking may not count toward the required on s~te parking spaces. The proposed angled parking on Sixth Street (Attachment B - Submitted Plans) IS not permitted Within the right of way and should be removed from the building permlt submittal. To assist the applicant, in complying with the parking reqwrements, the Redevelopment Agency has offered use of ten public parking spaces at Stevens Square by executing a license/lease agreement. Condition 2,2 addresses the options that the applicant can utilize to meet the City's parking lequirements and requires that the applicant coordlnate with the Community Redevelopment Agency to secure 10 spaces in the City'S parkmg structure adjacent to Stevens Square with the remaining spaces provided through a joint use parking agreement with neighboring properties, The applicant has indicated that they are currently negotiating with the property owner at 515 EI Camino Real, to utilize excess parking spaces located within their parking lot for the restaurant's patrons. Alcoholic Beverage Sales Regulations and Guidelines The sate of beer and wine for on site consumption can be authorized only in conjunction With a "bona fide" restaurant use In conformance With the City'S Alcohol Beverage Sales EstabHshment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001, and the applicable zoning code regulations, which define a restaurant as: "A retail establishment that sells food and beverages prepared on the site, where customers are served for on-site consumption," where at feast 80 percent of the premises' seatmg shall be deSigned and used for food consumption. Since the proposed sales of beer and wine for on site consumption is fn conjunction with a restaurant, Section 9232(b)(p) of the Tustin City Code exempts the facility from meeting regulatIons establishing a minimum dtstance to sensitive uses (i.e. churches, residential. parks, playground, etc.). Staff has Included condItions pertaining to the City's Alcoholic Beverage Sales Establishment Guidelines in Zoning Administrator Action 06-008 to mitigate concerns Zoning Administrator Report CUP 06-009 & DR 06-014 Pag..,4 related to the on-site sale and consumption of beer and wine in conjunction with the restaurant. FINDINGS In determinmg whether to approve the Conditional Use Permit and Design Review, the Zoning Administrator must determine whether or not the proposed use Will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or work~ng in the neighborhood or whether it will be injurious or detrimental to property or improvements in the viclnity or to the welfare of the City. A decision to approve this request may be supported by the following findings: 1. The proposed uset maintenance, and operation of on-site alcoholic beverage sales will not be detrimental to the health, safety. morals, comfort, or general welfare of the persons residing or working in the neighborhood, 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 since: a) As conditioned, the approval is contingent on the restaurant remaining as a bona fide eating establishment; b) As conditioned, the bar will be an ancillary part of the restaurant and serve only 18 of the proposed 102 seats; c) The proposed hours of operation of 11 :00 A.M. to 10:00 P.M. are compatible with other commercial uses within Old Town Tustin. d) As conditioned, the proposed use will meet all the requirements of the Alcoholic Beverage Sales Establishment Guidelines adopted by the Planning Commission amended on May 14, 2001. 2. The proposed use is allowed within the Central Commercial (C2) zoning district, with the approval of a Conditional Use Permit and consistent with the Old Town Commercial land use designation of tile City of Tustin General Plan, which provides for a variety of commerCIal uses. 3. The use is located in a commercial area on EI Camino Real, which is a commercial corridor for Old Town Tustin where a variety of retail. office, and restaurant uses are located. The characteristics of the use and hours of operation would be similar to other restaurants in the vicinity 4. As conditioned, the exterior modlflcations would be compatible with the mission style architecture and would accentuate the use of the building as a restaurant. 5. As conditioned, the applicant is required to secure 10 parklng spaces with the Tustin Redevelopment Agency and additional joint use parKing with neighboring properties prior to obtaining building permits for the proposed modifications. Zorung Admmistrator Report CUP 06 009 8: DR 06-014 Page 5 -~~' ~at! Minoo Ashabi Associate Planner Attachments. A. Location Map B. Submitted Floor Plan C. ZA Action 06-008 S:\CddIZAREPORT\2006\CUP 06-009 DROO-014101dTown Restaurant).doc ATTACHMENT A Location Map LOCAT10N MAP 11 ~ ).1~" .t'IU:' ~I~ ! ::~~:='11 t.7t~f':I" . :~~.. ~ ..;~~J~~l--~;:' -> > I)' -"~, : - iCr~.' ., I W ~'~I "Ii~ l'j~1 ::I~llrl'll~ I.' i..... -Ill -)), II ., .., "'\ ',-'--" ";f'. 'I, ~ ..Qlll;lj.~1 .- "'1' I, --. .j." -I ,;'" . ~ ~ ; -1[IoJ' fl"-'': t[~ J.',~ .!~ t,; J ~:111l f;jj ~"~": './o!' ..'-, f- 'j i,' i .11"1 r 1n..-~ I: }.- I nr; . t', :11..;1. ' _-:---1.1" Y....... !.., I: I \.l.L---l~L':'~" 1;-~.- '~II,4.u~dil1l.1 d !-.I ~:il..U -" ~, '\~ f, '..,." ~, . '- '. -I' -. ---1-:-~1 l i 1'11," ;1'- 1\\ rdi.illi~r=i ,\ ,.JJJ.' 'i::' (.. " r~' Bl ':\.:"1 'f __JI \l'-l'll-::.[;' . ,"j"1 :'.. ,,' .,; l" ,J, ,./ I I~, I ~ i~'llll i-~ .'~ ,~_!. ,I,J.L_:J.I,d~.1 I~ '. · I ' ':1 :..-: .~. 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" 41.".v~ ,x.""r... ,;.. -, ': ....... ,', 1'..... ,.~.~.., )-''Ii ~;:~~,', 1'- v,' (~ ~'. ~......,j; ~ ~ ..,.........i~ I~' " , ' ...,. '''; . ,~~." " ," I I /J" "~f,...'''' ....~ :~ ~' '~,." '",. I.. ~I ~ .,~ . ( ,. . '-'I w~[=.~ "~e ...~... " I I, ..... .',"-" 1._.. ,~ l J . 1-..... ,,". "" .1' I", ' . I // /' :... /. ",I'- '"" " ",' ,,~ ,,',., .' I IX/ "'/'.:. " <:.;,.. ~'~I ~._ ~. ' ;,.' -f', \ !.,:';, " ,( . / ,.: .~'1! ,. I ~ ; ~ I ~ ~' ".f I ~r..:~P~~ . F ...A;. --:'T~.~ "'-If . I~. . : ,I ,I -( .. .~; ". ~.:';"" --" / "i? '. '" ~ . /' ~,,~ .:){ ""..~ :)4~d ~ .,...:y ~r1{k " / I ; I , ...... l )/:. 1 i' . , // "'.'~ .'~' ',/. , ~/' " ".' TUSTIN em MAS' IEG!NlI ", ,'Ii ~ .. . 1\,:. ,. CUP 06-009 & DR 06-014: 560 El Camino Real ATTACHMENT B Submitted Plans I ~ 1 ~,--1 -'':1 -\~ _ \~., II 2!l 0\'0.\........ _.... lo:::'~ \.. '. : ~~;;..:-~~~. ..- \,~.~, .":~~~~<i~:\ . '. h.' , ." ", ,. · .\..:" . ,.." .. c:;!', ' ,. .~ \ ""', :" ,.. :"L\ \ ., ~. ',' , ., ;.., "1: .. - -: ._.~>:~~ . . ~t. _n .~.\ I .- -, \.\:iilI 1111 \'. ""~'" . ....." ~ , · '.";' n5' I . gH~J 't ~ l : \ '.' <.~ ~ .~ 0:-" :::1. .~~ ! . ~ (.,(1 ">'7. ",,<> _ _ " ~ _:- '\ ! '~" \~~~, . ~.> j . J ~ - l \ ~.." .. \.~ _' ' ',. y\ .J.;,-~' \~ en \ \ -,tll . 04, I,'ff v~ ~~ '.' ~. l~ .\ 00 Oh. 1- \~ ~\ \ . 1 I ",to k'.'~, I ..~f-~ --- I ~~ .JI I . .-.,.i~ -- .~l._ ~ 11 I 'c' ~.)I.L"....... ~~.. _ I ~ lJ1Q. ',~ "'." . ,...... \ &f()". l H ~ .' :'. it ~t -1 IW " i , 'I. .,,',' ~,', ~ ~hrfj: , W', ! f~ "f.<' j;! ". \(6 -;\ \" ~\ k,-.;- \\1.0 \\\ h~- ~ -1 \: l .t't~.;,.v '. \ ' 'i, \ .\) , \... 7. E' t \~, : \~ \;: 7 ; ."... i \. I , ,~, 1,~""-;: /' 1, \. t. \' '1; \ '.il-1 It \,/ ';'; i 1~ \ 11i; 1 X ... .. .. ,~~. \.. * ~~ _ . 10 . L...-- \._ 1, ~ > K. '~~ ~... '.., - - ,1J; il~ . .\ ~ -"..it- ~ ~_,} I It \~/ /' ~--'o'~.r~'-~~ ~ '. ~-_. , . \, ~ i~;'&: 1...-:",.- ~? "i~ ~ \;~ t r~ ~~~ ~'~ :~}/ ~~ fi~ ~& 2.i~ 'I) h1!l~ ,.. -IT ',~I - & ~ (I' r; ~. ~ "i! ;!; ~ ~ ,; 3~."i~ ,1> o':>i, ~~: _ ~~~~.1(~"'l .~=~~~:: - ~ I!... "i "l"' . ~ ~ :y. ". ~i 00'. \Q iN... .,. ~~u..~' ~. ~ i' lD . 'JL _ q. i ~ .~:; ~( .~ I ~ ~ ~ ~ ~ [?; ~I :"J.-.,,_ ~- \ ~ I ,I' ,u) \\ \l ?- ~ ~ .~ ~-\ ~\~ f\~ ~\~ I>- \~ \~ J. 'F.!!; ~ ~~_H\~ ~il'ni{ t~~it..- !~'L:!~ 1!!i-'t~, .\~<{ ~ ~ ~J: , ATTACHMENT C Zoning Administrator Action 06.008 ZONING ADMINISTRATOR ACTION O<<:l-ooa CONDITIONAL USE PERMIT 06-009 AND DESIGN REVIEW 06-014 560 EL CAMINO REAL The Zoning Administrator of the City of Tustin does hereby resolve as follows: l. The Zoning Administrator finds and determines as follows: A. A proper application was filed by Tim DeCinces of Home Plate Development requesting authorization to establish a 102 seat restaura.nt with on-site sale of beer and wine. located at 560 EI Camino Real. B. The site is designated as Old Town Commercial by the Glty General Plan and is zoned Central Commercial District within the Combining Parking Overlay District (C2-P), which provides for retail uses including restaurant estabHshments. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. The site is currently improved with an industrial style building, known as the Tustin Garage, which IS a 'C' rated structure per the Historical Resources Su rvey Report. D. That a pUblic heartng was duly called, noticed, and held for Condi11onal Use Permit 06 009 on October 30, 2006, by the Zoning Administrator. E. The proposed use is allowed within the Central Commercial (C2} zoning district, with the approval of a Conditional Use Permit, and consistent with the Old Town Commercial land use designation of the City of Tustin General Plan, which provides for a variety of commercial uses. F. The use is located in a commercial area on EI Camino Real, which is a commercial corridor for Old Town Tustin where a variety of retail, office. and restaurant uses are located. The characteristics of the use and hours of operation would be similar to other restaurants in the vicinity. G. That the establishment, malntenanoe, and operatfon 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 neighbortJood 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 Tustm In that: a) As conditioned. the approval is contingent on the restaurant remaining as a bona fide eating establishment; Zoning Administrator Action 06.008 CUP 06.009 & DR 06-014 Page 2 b) As conditIoned. the bar wm be an ancillary part of the restaurant and serve only 18 ofthe proposed 102 seats: c) The proposed daily hours of operation of 11.00 A.M. to 10.00 P.M. are compatible Wltl1 otl1er commercial uses within Old Town Tustm. d) As conditioned, the proposed use will meet all the requirements of the Alcoholic Beverage Sales Establishment Guidelines adopted. by the Planning Comm'ss~on and amended on May 14,2001. H. That pursuant to Section 9272(c} of the Tustin City Code, the Zoning Administrator finds that the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings. the Zoning Admmlstrator finds that the mass and appearance of the project will not tmpair the orderly and harmonious development of the area. the present or future development therein, or the occupancy as a whole and has considered at least the following items' 1 Height, bulk, and area of buildings; 2. Setbacks and site plann ing. 3 Exterior materials and colors; 4. Type and prtch of roofs, 5 Size and spacing of windows, doors, and other openings; 6. Towers, chimneys. roof structures, flag poles. radio and television antennae; 7 Physicat relationship of proposed structures to existing structures in the neighborhood; 8 Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares; and, 9. Development guidelines and criteria as adopted by the City Council ~tems 1 through 9 have been conSidered in that, as conditioned, the exterior modifications would be compatible with a mission style architecture that would accentuate the use of the building as a restaurant. I. As conditioned, the applicant is required to comply with the parking requirement by securing 10 parking spaces Wlt~ the Tustin Redevelopment Agency and providing additional joint use parking with neighboring properties prior to obtaining building pennits for the proposed modifications. Zoning Administrator Action 06-008 CUP 06 009 & DR 06 014 Page 3 J. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of tile California Coda of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit 06~009 and Design Review 06-014 authorizing a restaurant establishment with on-site alcoholic beverage sales located at 560 EI Camino Real, subject to the conditions contained witllin Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the Clty of Tustm, at a regular meeting on the 30th day of October. 2006. ELIZABETH A. BINSACK ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY STATE OF CAll FORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Eloise Harris, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 06-008 as duly passed and adopted at a regular meeting of tile Tustin Zoning Administrator, held on the 30th day of October. 2006. ELOISE HARRIS RECORDING SECRETARY EXHIBIT A - ZONING ADMINISTRATOR ACTION 06-008 CONDITIONAL USE PERMIT 06-009 & DESIGN REV1EW 06-014 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 30, 2006, on fife WIth the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit The Director of Commumty Development may also approve subsequent minor modffications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (1) 1.2 This approval shalt 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 wlthm thirty (30) days prior to expiration. (1) 1.3 Approval of Conditional Use Permit 06 009 and Design Review 06-014 is contingent upon the appUcant and property owner signing and returning to the Community Development Department a notanzed "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 fonns shall be established by the Director of Community Development, and evidence of recordation shaU be provlded to the Community Development Department. (1) 1.4 Any violation of any of the conditions imposed is subject to the payment of a CIVil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. (1) 1.5 Conditional Use Pennit 06-009 may be reviewed on an annual basis, or more often if necessary. by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 06-009, or is found to be a nuisance or negative Impacts are affectmg the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.6 As a condition of approval of Conditional Use Permit 06-009 and DR 06- 014, the applicant shall agree, at its sole cost and expense, to defend, SOURCE CODES (1) STANDARD CONDITION {2) CEQA MITIGATION (3) UN~FORM BUILDING CODEJS (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PCfCC POLICY U. EXCEPTrON Exhibit A Conditions of Approval CUP 06-009 & DR 06-014 Page 2. indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any clalm, 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, or any other decision-making body, inc~uding staff, concerning this project. The City agrees to promptly notify the appHcant of any such claim or action filed agamst the C~ty and to fully cooperate in the defense of any such action The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.7 The appUcant shall be responSible for costs aSSOCiated with any necessary code enforcement action, includlng attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordmance. (1) 1.8 The applicant shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcohofic sales authonzed for the site (Type 41). A copy shall be provided to the City prior to issuance of a busmess license. (1) 1.9 Approved uses shall operate within all applicable State, County, and the Tustin City Code. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject ~ocation. or of the City of Tustin, as they relate to the sale of alcoholic beverages, may result In the revocation of the subject Conditional Use Permit, as provided for the Tustin City Code. (*) 1.10 The wall sign design and placement shall be processed under a separate sign permit. The applicant shall submit a sign permit application including elevations, and installation details for a sign compatible with the building color and matenal for review and approval of the Community Development Depa rtm ent ("') 1.11 A landscape plan in accordance with the requirements of the City'S Landscape and Irrigation Guidelines shall be submitted as part of the building permit application. USE RESTRICTIONS {1 ) 2.1 The resta urant establishment shall have a maxim um 102 rndoor and patio seats. Any increase in the number of seats IS subject to approval from the CommunJiy Development Director. (1) 2.2 Based on a standard of one parking space for every three seats and 102 proposed seats, the project requires 34 parking spaoes. Nine spaces are Exhibit A ConditIons of Approval CUP 06.009 & DR 06 014 Page 3 provided on-site. Tile remalnmg 25 spaces shall be provided by the applicant by way of the following, and sufficient documentation shall be provided prior to issuance of a building permit a. Enter fnto an agreement with the Community Redevelopment Agency (eRA) to lease 10 parking spaces at the City's parking structure. b. Collaborate with other property owners to obtain parking spaces per Sectfon 9252.j.3(d)(3)b and provide an executed and recorded long ter m parking agreement. C. Enter into an agreement as per Sedion 9252.j.3(d)(3)a or pay in lieu parking fees per Section 9252.j.3(d)(3)c (1) 2.3 The project site parking lot is partially located on a separate parcel (APN 401-622-16) addressed as 135 W. Sixth Street. The applicant shall record a deed restriction for the property located at 135 W. etn Street requiring that It remain a parking ~ot serving the project site at 560 EI Camino Real for the life of the prOject or until a parcel merger or lot line adjustment is approved. (1) 2.4 The angled on street parking along Sixth Street is not permitted and shaH be removed from the BUlldtng Perrmt submittal. On-street parking shall not be counted towards meeting the required parking. (1) 2.5 Large concrete or metal planters shall be placed along the EI Camino Real driveway to create a more aesthetically pleasing streetscape and serve as a vehIcle barrier. The design and placement of the planters shall be subject to approval from the Community Development Department. (1) 2.6 If fn the future the City determines that a parking problem exists on the site or In the Vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the study indicates that there is fnadequate parking, the applicant shall be required to provide immediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. (1) 2.7 The project site is located withIn the Cultural Resources District. A Certificate of Appropriateness is required prior to issuance of a building permit. (1) 2.8 Any live entertainment provided at the project site shall comply with Tee Section 3231 et seq. regarding Live Entertainment. Exhibit A ConditiollS of Approval CUP 06-009 &. DR 06.014 pagA 4 (1) 2.9 There sf1all be a maximum of four {4) video game machines at the project site. (1) 2.10 Any outdoor dining shall require review and approval by the Community Development Department. (1) 2.11 All persons serving alcoholic beverages within a restaurant establishment must be 18 years of age or older and supelvised by someone 21 years of age or older. The supervisor shall be present In the same area as point of sale. (1) 2.12 The sale of alcoholic' beverages within a restaurant establishment shall be limited to the hours when food is available. Service of food menu items shall be during all business hours. Any cocktail lounge or bar area within a restaurant shall function as a food and beverage service bar. (1) 2.13 The gross annual sales receipts shall be providad to the community Development Department annually. To verify that the gross annual sales of food exceeds the gross annual sales of alcohol in an area devoted to an ancillary use, an audited financial statement shall be provided for review and approved by the Community Development director quarterly andlor annually on October 30th, as deemed necessary upon obtaining a bUSiness license. If the audited financial statement demonstrates that the sale of alcohol exceeds Ihesale of food In the area devoted to the ancillary use, the ancillary use(s} shall cease immediately. (1) 2.14 "No Loitering" signs shall be placed near the entrance on the outside of the premises or in other specified locations where alcoholic beverages are sold. (1) 2.15 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) 2.16 PubUc telephones inside and adjacent to the establishment sl1all be modified to prevent incoming calls. (1) 2.17 BUSiness operations shall be conducted in a manner that does not create a public or private nUisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (1 ) 2.18 Ambient noise of tile on-site sales faciHty shan not exceed the standards of the City of Tustin Noise Ordinance. BUI L.DING (1) 3.1 Due to change in the bUildIng occupancy classification, the following provisions would need to be satisfied Exhibit A CondItions of Approval CUP 06-009 & DR 06-014 Page 5 a. The building shall be equipped with an automatic fire sprinkler system b. The existing structure will be required to be evaluated for hOrizontal and vertical loads. {*) 3.2 The plans submitted shall indicate that rest rooms are handicap accessible as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 Callforma Plumbing Code Chapter Four (4) Table 4 1 as per type of group occupancy, or as approved by the Building Official {*) 3.3 The grease mterceptor shall be relocated and not be installed within courtyard seating areas. ,...) 3.4 Controlled access gates are subject to the Orange County Fire Authority {OCF A) requirements. ("r) 3.5 The applicant shall repair and maintain a six foot e~ght inch high fence a~ong the west property line n 3.6 Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief. The applicant may contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. (1) 3.7 At the times of building permit appUcatfon. the plans shall comply with the 2001 California BUilding Code (CBC) , 2001 California Mechanical Code, (CMC), 2001 California Plumbing Codes (CPC), 2004 California Electrical Code (CEe), California Title 24 Accessibility Regulations. 2005 Titfe 24 Energy Regulations, City Ordinances. and State and Federal laws and regulations 2005 Edition. (1) 3.8 BuHding plan check submittal shall include the following: a. Seven sets of construction plans, including drawings for mechanical, plumbing, and electrical. b Two copies of structural calculations. c. Two copies of Title 24 energy calculations. d. Roofing material shall be fire rated class .'8" or better. e. The location af any utiHty vents or other equipment shall be provided on the roof plan. f. Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All new fixtures shall be consistent wrth the architecture of the building. All exterior hghting shall be desjgned Exhibit A Corlthtlons of Approval CUP 06009 & DR 00-014 Page F'i an arranged as not to direct light or glare onto adjacent properties, including the adjacent street. Wall mounted fixtures shall be directed at a 90-degree angre directly toward the ground, All lighting shall be developed to provide a minimum of one foot-candle of light coverage, in accordance with the City's Security Ordinance. g. A note shall be provided on the plans that "AII parking areas shall be illuminated with a minimum of one foot-candle, and lighting shall not produce light, or have a negative impact on adjacent properties ,. h. Cross-section details showing the installat;on of the proposed rooftop equipment. Rooftop equipment shall be installed and maintained so as not to be visible from the public right-ot-way. An elevation showing that rooftop equipment is installed below the height of the parapet is required. I. Note on plans that no field changes shall be made wrthout prior approval from the BUlldmg Official and architect or engineer of record. (1) 3.9 Prior to permit issuance, clearances from the following wHI be required: Orange County Health Department and Orange County Fire Authority. (1) 3.10 Vehicle parking, prima'Y entrance to the building, the primary paths of . travel, cashier space, sanitary facilities. drinking fountain, and public telephones sha!1 be accessible to persons with disabilities and shall be shown on the plans. (1 i 3.11 The building permit applicatjon shall include information to ensure compliance With the requirements of Orange County Sanitation District No. 7 in the clouding FOG (Food, Oil. and Grease) permIt (1) 3.12 Parking spaces designed for use by persons with disabilities shall comply with CalifornIa Tftle 24 Reg ulatjons. (1) 3.13 Prior to issuance of a demolition, precise/rough grading, and/or buflding permit with valuation of $50,000 or greater, the applicant shall submit for approval by the City of Tustin, Construction & Demolition (C&D) debris collection, disposal, and diversion information on the City-prescribed forms. At least 50 percent of the construction debris shall be diverted from landfill to the recycling plants, A security deposit in the amount of $50 per ton (not to exceed 55,000 per project) for a C&D security depOSit will be collected prjor to issuance of the permit. Prior to final inspection, the applicant shall submit to the City of Tustin documents (i.e. receipt from vendor) showing actual weight or volume of each material of C&D dIVerted to the recycling center, For any questions or concerns, please contact Andrew Hoang at (714) 573-3133. (City Ordinance 1281). Exhibit A Conditions of Approval CUP 06.009 & DR 06-014 Page 7 (1) 3.14 A note shall be provided on final plans that a six foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 3.15 The applicant shall provide to the Orange County Health Department a report on the findings of the most recent soil samples collected. These findings will allow the Orange County Health Department to evaluated the levels of hydrocarbons and ground water contamination found on the site. (1) 3.16 A vapor risk assessment that evaluates the potenHal health risks to the occupants of the proposed building posed by any residual subsurface contamination at the subject site shall be submitted to and approved by the Orange County Health Department. Prior to issuance of a building permitj approved copies of such assessment shall be provided to the Community Development Department. The Orange County Health Department requires a vapor risk assessment for any contaminated sites where the land use will change from any automotive repair or fueling station to any other commercial or residential use. ENGINEERI NG (1) 4.1 The Applicant shall remove and replace damaged sidewalk to the satisfaction of the City Engineer. (1) 4.2 A separate 24" x 36" street improvement plan. as prepared by a California Registered Civil Engineer, will be required for all construction within the public rlght.of-way. Construction and/or replacement of any missing or damaged public improvements shall be required adjacent to this development. Said plan shall include. but not be limited to the following: a) Curb and gutter b, Sidewalk, including curb ramps for the physically disabled c) Drive aprons d) Domestic water facilities e) Sanitary sewer facilities f) Underground utility connections g) Landscape/ irngatlon h) Signing (1) 4.3 A 24" x 36~ reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or CivU Engineer experienced in this type of plan preparation may be required. E,..hibit A Conditions of Approval CUP 06-009 & DR Ofi-014 Page 8 (1) 4.4 Preparation of plans for and oonstructlon of' a) All sanitary sewer facilities shall be submitted to the Orange County San itatlon District for review and approval. b) A domestic water system shall be deslgned and Installed to the standards of the City of Tustin Water Operations. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes, The adequacy and reliabmty of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also confonn to the applicable laws and adopted regulations enforced by the Orange County Health Department. Release/approval from East Orange Cou nty Water District shall be obtained prior to receiving water service. (1) 4.5 Prior to Issuance of any building permit, the applicant shall submit a request to the Public Works Department to revfse the restriction for on- street parking on Sixth Street. (1 j 4.6 The applicant must remove the easter~y driveway on Stxth Street and design and construct curb and gutter, sidewalk, landscape, and 'mgatlon to the satisfaction of the City Engineer. (1) 4.7 Existing sewer, domestic water, and storm drain service laterals shall be utilized whenever possible. (1) 4.8 Prior to any work in the public right-af-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. Encroachment permits shaU be obtained from the Public Works Department for approval of the exterior light fixtures and the proposed door on the south elevation. (1) 4.9 Any damage done to eXisting street improvements and utilities shall be repaired before issuance of Occupancy. {1) 4.10 Current Federar Amencan with Disabilities Act (ADA) requirements shall be met at the drrve aprons and sidewalk. (1) 4.11 Project Recycling RequJrement - The City of Tustin is required to comply with the recycling requirements contained in the California Integrated Waste Management Act of 1989. To facilitate Cjty compliance with this law, the Project Applicant is required to comply with Section 4327 of the Tustin City Code which details requirements for developing and imptementmg a Waste Management Plan. Exhpblt A Conditions of Approval CUP 06-000 & DR 06-014 Page 9 (1) 4.12 CommercIal Recycling. a) The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling program. b) Prior to issuance of a buildtng permit, a solid waste recycling plan identifymg planned source separation and recycling programs shall be submitted and approved by the City of Tustin Public Works Department FEES (1) 5,1 Prior to issuance of any permits, the applicant shall pay aJl applicable Building plan check and license permit fees to the Community Development Department. (1,5) 5.2 Within forty-elght (48) hours of approval of the subject project, the applicant shaH deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK fn the amount of forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project jf within such forty-elght (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limrtatlons for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.