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HomeMy WebLinkAboutZAA 24-011 Docusign Envelope ID: FEDE8CA4-16E6-45AO-9197-561AAA34FOE6 ZONING ADMINISTRATOR ACTION 24-011 CONDITIONAL USE PERMIT 2024-0013 17662 SEVENTEENTH STREET 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) 2024-0013 was filed by Kelly Liang, requesting authorization for a Type 41 ABC license (sales of beer and wine for on-site consumption) in conjunction with an existing restaurant use located at 17662 Seventeenth Street. B. That the proposed use is consistent with the PC-Commercial zoning district which provides for the establishment of a mix of commercial and office uses such as hotel/motels, commercial centers, research and development, and professional offices. In addition, 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. C. That pursuant to PC-Commercial zone, on-site alcoholic beverage sales in conjunction with a restaurant and office use are allowable subject to Tustin City Code (TCC) Section 9271(dd) and the Alcoholic Beverage Sales Establishment Guidelines. Pursuant to TCC Section 9271(dd), a CUP is required prior to the establishment of an alcoholic beverage sales establishment. D. That in accordance with TCC Section 9299b(3)(g), the Zoning Administrator is authorized to review and approve CUP applications for alcoholic beverage sales establishments. E. That a public meeting was duly called, noticed, and held for said application on October 3, 2024, by the Zoning Administrator. F. That the establishment, maintenance, and operation of the proposed off-site alcoholic beverage sales will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: i. The ancillary sale of alcoholic beverages for on-site consumption, in conjunction with a restaurant use, is a conditionally permitted use in SP-13 pursuant to TCC Section 9271(dd). Docusign Envelope ID: FEDE8CA4-16E6-45AO-9197-561AAA34FOE6 Zoning Administrator Action 24-011 CUP 2024-0013— Exhibit A Page 2 2. The proposed sales of alcoholic beverages for on-site consumption would be subject to the hours of operation, established by Alcohol Beverage Control (ABC), which are proposed and conditioned to be no later than 9.00 p.m. and no sooner than 11.00 a.m., seven days a week. 3. The proposed on-site consumption of beer and wine in conjunction with a restaurant use is otherwise consistent with the Planning Commission Guidelines for Alcoholic Beverage Sales Establishments and TCC Section 9271(dd) that support economic development opportunities for alcoholic beverage establishments in the City. 4. No expansion of the existing tenant space is proposed; therefore, no parking impacts are anticipated. Additional parking is not required for the sale of alcohol. 5. The Tustin Police Department has reviewed the application and has no immediate concerns as conditioned. G. This project is Categorically Exempt pursuant to Section 15301, (Class 1, Existing Facilities) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves CUP 2024-0013, a request to authorize a Type 41 ABC license (sales of beer and wine for on-site consumption) for an existing located at 17662 Seventeenth Street. Docusign Envelope ID: FEDE8CA4-16E6-45AO-9197-561AAA34FOE6 Zoning Administrator Action 24-011 CUP 2024-0013— Exhibit A Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 3rd day of October, 2024. Signetl by: ED46DA2623B14A5... JUSTINA L. WILLKOM ZONING ADMINISTRATOR �DocuSignetl by: II' �/t Va Awf&h 1 A723CB041304E6... VERA HURTADO RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Vera Hurtado, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 24-011 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 3rd day of October, 2024. �Do cuSignetl by: II' �/t,V'a. U3,4E. 1 A723CB041304E6... VERA HURTADO RECORDING SECRETARY Docusign Envelope ID: FEDE8CA4-16E6-45AO-9197-561AAA34FOE6 Zoning Administrator Action 24-011 CUP 2024-0013— Exhibit A Page 4 EXHIBIT A CONDITIONAL USE PERMIT 2024-0013 CONDITIONS OF APPROVAL 17662 SEVENTEENTH STREET GENERAL (1) 1.1 The proposed project shall substantially conform with the plans dated October 3, 2024, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans if such modifications are consistent with provisions of the Tustin City Code (TCC) and other applicable codes. (1) 1.2 The conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of CUP 2024-0013 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval"form. The forms shall be established by the Community Development Director, and evidence of recordation shall be provided to the Community Development Department. Failure to comply with the Conditions of Approval of the establishment creates undue burden to City resources, or if the CUP is abandoned for a twelve (12) month period, these circumstances shall be grounds for revocation of the CUP. (1) 1.5 Any transfer of ownership of the establishment and/or operator shall require the new owner and/or operator to sign and return an "Agreement to Conditions Imposed" form provided by the Community Development. Failure to do so would be a basis for revocation proceeding. (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). Docusign Envelope ID: FEDE8CA4-16E6-45AO-9197-561AAA34FOE6 Zoning Administrator Action 24-011 CUP 2024-0013— Exhibit A Page 5 (1) 1.7 CUP 2024-0013 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 2024-0013 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 2024-0013, 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 2024-0013 shall remain in full force and effect for as long as the business continues to operate. (1) 1.11 Approved uses shall operate within all applicable State, County, and TCC regulations. Any violations of the regulations of the ABC as they pertain to the subject location, or of the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject CUP, as provided by the TCC. USE RESTRICTIONS (1) 2.1 This approval provides authorization for a Type 41 ABC license for the on- site sales and consumption of beer and wine only in conjunction with an existing restaurant. Any changes to the ABC License shall be reviewed and approved by the Community Development Director. (1) 2.2 The applicant shall obtain the appropriate license from ABC for the type of alcoholic sales authorized for the site. A copy shall be provided to the City prior to operating the alcoholic sales. Docusign Envelope ID: FEDE8CA4-16E6-45AO-9197-561AAA34FOE6 Zoning Administrator Action 24-011 CUP 2024-0013— Exhibit A Page 6 (1) 2.3 The business may operate daily from 11.00 a.m. until 9.00 p.m. unless otherwise modified with the approval of the Community Development Director in compliance with the City's Alcoholic Beverage Sales Establishment Guidelines. (1) 2.4 The applicant shall provide the first inspection fee as determined by the Community Development Department. The Community Development Director shall have the authority to require additional fees if determined to be necessary to protect public health, welfare, peace, and comfort. (1) 2.5 Food must be served whenever the privileges of the on-sale alcohol license(s) are being exercised. (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 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) 2.8 No person under the age of twenty-one (21) shall sell or deliver alcoholic beverages. (1) 2.9 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) 2.10 The gross annual sales of alcohol shall not exceed fifty (50) percent of all sales within the establishment. (1) 2.11 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) 2.12 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. Docusign Envelope ID: FEDE8CA4-16E6-45AO-9197-561AAA34FOE6 Zoning Administrator Action 24-011 CUP 2024-0013— Exhibit A Page 7 (1) 2.13 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 21 years of age and older. (1) 2.14 Live entertainment shall be subject to the issuance of a live entertainment permit pursuant to TCC Chapter 2 Part 3 and shall comply with all of the standards contained therein. (1) 2.15 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) 2.16 There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (1) 2.17 Games or contests, requiring or involving consumption of alcoholic beverages, shall be prohibited. (1) 2.18 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) 2.19 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) 2.20 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 Docusign Envelope ID: FEDE8CA4-16E6-45AO-9197-561AAA34FOE6 Zoning Administrator Action 24-011 CUP 2024-0013— Exhibit A Page 8 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 calling the TPD regarding observed or reported criminal activity. 7) 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. 8) Procedures for management of queuing lines. (1) 2.21 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) 2.22 There shall be no window coverings or advertisements that reduce the visibility inside of the business. (1) 2.23 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) 2.24 No sexually oriented businesses shall be conducted on the premises without approval by the City of Tustin in accordance with the TCC. Docusign Envelope ID: FEDE8CA4-16E6-45AO-9197-561AAA34FOE6 Zoning Administrator Action 24-011 CUP 2024-0013— Exhibit A Page 9 (1) 2.25 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) 2.26 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. 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.