Loading...
HomeMy WebLinkAbout01 ZA REPORT INKA MAMA'S ZONING ADMINISTRATOR ITEM #1 DATE: DECEMBER 5, 2024 TO: JUSTINA L. WILLKOM, ZONING ADMINISTRATOR FROM: MARY SALMAN, ASSISTANT PLANNER i� US IN SUBJECT: ZONING ADMINISTRATOR ACTION (ZAA) NO. 24-013; CONDITIONAL USE PERMIT (CUP) 2024-0010 (14001 NEWPORT AVENUE, UNIT A) SUMMARY: The Zoning Administrator will consider Conditional Use Permit (CUP) 2024-0010, a request to authorize a Type 41 ABC license (sale of beer and wine for on- site consumption) for an existing restaurant (Inka Mama's) located at 14001 Newport Avenue, Unit A. The CUP application was filed by Victor Begazo, on behalf of Inka Mama's. BACKGROUND: Location and Surrounding Properties The subject property is located at the western intersection of Newport Avenue and El Camino Real (Figure 1). The project site is located within Development Area 6B (DA-613) of the Downtown Commercial Core Specific Plan (SP-12). It is surrounded by existing commercial uses on all sides, along El Camino Real to the north and south, and Newport Boulevard to the east and west. Downtown Commercial Core Specific Plan(DCCSP) ^ Ti M1 JP' r •r'r a Retail Commercial M 14001 site Project J ( •rt' Commercial Newport Avenue,Unit A) Figure 1. Site and Surrounding Properties ZA Item #1 December 5, 2024 CUP 2024-0010 Page 2 PROJECT DESCRIPTION: Project Summary The applicant is requesting authorization to sell beer and wine for on-site consumption (Type 41 ABC License) in conjunction with an existing restaurant (Inka Mama's). The tenant space is approximately 1,300 square feet. The existing restaurant is located within an existing shopping center comprised of existing commercial tenants.The floor plan includes an indoor dining area, an outdoor patio area, kitchen and prep area, bar/service area, alcohol storage area, two restrooms, and an electrical room (Figure 2). The applicant intends to use the Type 41 ABC license to offer patrons a selection of beer and wine with the meal service. Service of any beer and wine will be for both indoor and outdoor dining areas. The indoor dining area can accommodate approximately 40 seats, including 10 tables and a counter area, whereas the outdoor dining area can accommodate 13 seats and is comprised of six tables. (Figure 2). El Gamino Real Fence Patio Area I © N • e PC3irridm .."W PO'A' w P 0 Main Entrance r Main t RWroom DinIn OVning ' "' ° -Legend: Blue Patio Area Kitchen and Prep Area rl F1 F1 Fj rl Green Main Dining Area Red Kitchen Prep Area EhaOSe iceAr I� Grey Restrooms 1 Yellow Bar/Service Area Pink Alcohol Storage Area Purple Electrical Room Alcohol storage area s�11?sgif Figure 2. Floor Plan ZA Item #1 December 5, 2024 CUP 2024-0010 Page 3 Alcoholic Beverage Sales The sale and consumption of beer and wine (Type 41 ABC License), in conjunction with an existing restaurant, can be authorized in conformance with the City's Alcoholic Beverage Sales Establishment Guidelines adopted by the Planning Commission on March 13, 2018, and Tustin City Code (TCC) Section 9271(dd). Pursuant to TCC Section 9271(dd), on-site alcoholic beverage sales, that include the sale of alcohol at restaurants for on-site consumption, are exempt from distance separation requirements to sensitive uses and other alcoholic beverage sales establishments. In conformance with the Conditions of Approval and applicable regulations from the State Alcoholic Beverage Control Department (ABC), the applicant is required to provide a full menu food service when alcohol is available for sale and consumption. Outdoor Dining Area TCC 9277 specifies location and operational requirements for outdoor dining areas, which are defined as a "separately identifiable, designated space for the outdoor seating, service, and/or consumption of meals and beverages in conjunction with a restaurant located directly adjacent to or in close proximity of the outdoor area". Alcohol consumption is proposed to occur within the outdoor dining area.The existing outdoor dining area complies with all location and design requirements established in TCC 9277 including, but not limited to, compliance with accessibility requirements, ingress and egress, and other relevant regulations. Hours of Operation and Security The existing hours of operation for the existing restaurant are between 11:00 AM to 10:00 PM, seven (7) days a week, or may be further limited by ABC. All staff selling alcohol beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages that must be approved by ABC. Furthermore, the Tustin Police Department reviewed the proposal and does not have any concerns regarding the proposed hours of operation or the sale and consumption of alcohol in conjunction with a restaurant. A total of eight security cameras, shown in green triangles in Figure 3, are located throughout the restaurant, with two cameras located at the outdoor dining area and six cameras located inside the restaurant. ZA Item #1 December 5, 2024 CUP 2024-0010 Page 4 RI Camino Real Fence Patio Area � Iv .......... e Restrcom I"'"� L � M.�WJ Ct_. `L�_ P 0 r Dining t D Rastrobm ( ing Area zips• : A ea•r 27' Main Entrance Kitchen and Prep Area V 0 6arlSennce Area Alcohol Storage area=144 sgRt Figure 3. Locations of Security Cameras Parking The existing restaurant meets the current parking requirements. The tenant space was previously approved for restaurant use with outdoor patio, and the applicant is not proposing changes that would increase the number of parking spaces required. Additionally, no additional parking is required to sell alcoholic beverages for on-site consumption. Environmental Review This project is Categorically Exempt from CEQA pursuant to Section 15301 (Class 1, Existing Facilities) of the State CEQA guidelines. CONCLUSION: Analysis of CUP 2024-0010 has determined that the establishment, maintenance, and operation of the proposed on-site alcoholic beverage sales, in conjunction with an existing restaurant, will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of the proposed use, not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin. Furthermore, the proposed on-site ZA Item #1 December 5, 2024 CUP 2024-0010 Page 5 sales and consumption of beer and wine (Type 41 ABC license), in conjunction with an existing restaurant, as conditioned, is consistent with the Planning Commission Guidelines for Alcoholic Beverage Sales Establishments and TCC Section 9271(dd). Findings to support the request have been included in ZAA No. 24-013. Based on the findings provided, staff recommends that the Zoning Administrator adopt ZAA 24-013, approving CUP 2024-0010 to authorize a Type 41 ABC license (sales of beer and wine for on-site consumption) in conjunction with an existing restaurant located 14001 Newport Avenue, Unit A. rM-ar- man, Assistant Planner Raymond rragan, Prin ipal Planner Attachments: 1. Submitted Plans 2. Zoning Administrator Action No. 24-013 - Exhibit A: Conditions of Approval ATTACHMENT 1 ��u++wme#e�rinaAdi¢ WLW7J"Iquv mm-a1Y kmftd 3R WNW a nmina�vRwrwynl an:6R.i N ^,,w "OL-; g NC71J.nnaasNOO 11+11F'anllls3a StlWVYY V31N1 e 6 ONIM33NION3 a�■ HOA-L"3M3AOHdW11HVH31036OdOHc1 9 LL O f� $ Q (7 • �y7 � 31Y1�]dVklll ---- T � .... .......... mdp as ,r 9 If urPn z � y y u x 777/ K z� . h ra -01 TOO z � - ILI ice:::. m - � •�� � � •� '`:—ate ul -:•_._�:_:':::ice� �:a a � ❑ w jj w B ® 0- HIM LL 0 1 -- c� e � W jR w PASRIO 15 'Bp ❑ ❑ Gs � # � � 3- �-2�5-`� � � 6� � �f� ai ww +ww�hnn-�Io-N46NJN g . .U."ti'Ia°6H'^^liN11 991i8VON11SA1VMA'JAV1WdWNL00YF N�IIAN�� 1NVanV1S3a SVWVW VHNI . . •13 Nl'N 1.7 I.1anax8N11I0 $ q exn�4 uva vx o NI a33N11F7N9 aI„1 HOd 1NBMAOUM 1NVN3L 0960dONd " m wHI NBY.ld z eg ';. 7po : . a 2 a Al-.11 .ee '1CYVl tr � M1Y.hE II : :'NIW.1 ZO ....JIIIJIII a a gig 's o N i d �u-- W IbM III 1 ¢ — RIK NKWK 1 0 N N - R 0 �l EPI 1GryL € � � t _ � Aol. . es€85€ E C1 a � ,QA�1WpAlt9AAI�1dQ�b1�lA�}AAApf�RAAAAAAA � 'SfNI`Nt1LL."117�1,1tiNq.^I _ xLK gKaii ® -D i s t �s9 1 MIN pg jji eE i� a r AH doM y4wmal N"nvisim svwvw vim W n a tE I-V z > Es ARE tl "i F fit! it + 14 ic" LU 1, T4 z LU cr) 1 % 91 AZ J Bill 9 FX-- - z LLJ WIM ra w yrraumpn�W48u 0fl6YlMl�LV N111134Y lnfYIaLIP�{ ..nii �NvanVlS3a s1�NfIVNM 1�IN1 g W •awY wn�lancilswno - erwin�aw�4wa®� _ B Rl OJINEIPO MINYlUBSOdONd �e E ® fit a p ---------------- In I SrS Y6 g8 d LLI it 113 ro o Lam° 0 gill s "go R 8 Xg $ R68FL €Saz--€ -s Bag gr� a 0® DDDQODO�a6C� 0 � � � FF ILI w E N � � ®®9m ill . c E: O® y ®N s 5lawg — � z a � �w'ewu�iiz+re.s+Ec3w °' �vva*+�@ua�wf¢a5 011�.mw€anrl�aNY IrFSAA3l11a1t � � $� (h� - auaetla� ~'9 1111� nv.Lsgs svwvN WIN -areY rears wseaagr€ou �uol a t mat mt oGletl93N19N9®1■ KI IIUJ L131l�IFOH��NMM�4 Q39Qt1RlEd � � Se � A ak t i l �px _ a 3�`� ££ 9 e e 3$ I { gq �`-INwi C ! dd f F 9 w = %Wl � aeaVa+aAs;niv uAtnanr l>s11klaA omen = � C4 aAue�7�7OA1:]1T711 NAq a .LNvunVIS3H SMVW VKNI •� m¢ m1 QNItl33NAQN3/71■ $[l�lY13W��IQjfLmQQdp�d N cm q Vag ea q ION R aYp �gm �a mix t;gig s £� Mg p� t� O � 2 fill o S f4 � � z T a� o , U� $ IN OOOOOOOO(BS .-Kim x J _;I 1 F d 0) Z Q e O T +��K�r�+ne�r-anrh9n ----- uZP.q'�4+6 -� dimvumin"Imv Lm'am 10 Ld MIA -mra`root�nnls o5 _a s g - ON.33NIBN3® . WOdOMPRA0UM1NVNUU3SOdORd aue�.a@ xnv tw -- -- - --------------------- MA s 2 z � am ttWa t H T¢ N 4 h u4 �a ° o z a E 7 ®0 Ljj ai- � S \ � U S d @ LJ @@ LJ E a tll - go g. nI p g Oil aF.1U f.5d_ a ��_ LL O °a gp a��+Mltl>d-nn9s�sn�usxW paAwlad avHlwmlr9�ai�lfx�BSWn9a 8f! o OL3 C] Vo ,jI}snj - SVWHW VANI ©� �; L LLr7L J [ 7 Z/ aaaa i"RS` ap 8 II yy I 7 1! I 1I : 9 g g Ek I � � LI- w� all, .i 'I I E ;I R il�plpr ppJill gad piE� IIgq ¢g4@ is It Nyl a r 4 - ®� �vlm-0rwr319�,1}Y96FBWYlLIB]N�fOGB'ilB(94Q12NQHd I010B W'4"4'A�Y�S'FSi W�BIBNYl41B1 u aoYIO niwy ■n7 q O 1 ] 0 C17 oaLz6 'Ha 'NIISn.L ` s 0 0 0 ©fl C==Z== 7 dO 'U[ksnl — SbWbW V)INI .t EW All F11- 1 i {{ Y it Z 77 `;= r arr -� ��aaffi I I r IAI s om low 3 O PP� r ��� �� '� 41 w a ; . . I mmw,w�'f)sc��arauref�ssexMsaaaoaaloip:eNAve,ormv�'�ei*xwyizw�aa uui olar _ _Q/ l LJ ❑ 00Lz6 'VD 'NIlSf11 u $ r VD `ui4-snl - SVWVW HHNI a a t 01 � y i Q 5 �@ tl Px��d�9g��2Pss $ INN' :.ff�eC ��n49�Ya�ns� ------------------ R b ® a laIN �€ A 9� L jg�jgg fsi g8y � s r � uw'agx.tiv»IfBU TT3ftofewe�ayvi 52Saf WIe]2uoud wwb'vf 54rna8'alSaea6 Q 081-26 'do 't4Iisni n a o M LJMC7 E7 ya 'ul;snl - SHWHW b'NNI � C Cx7 V-Y Q '" a o > u W Q. a ra L,J W R' LA1 q W f1 z rL L Q F Q 0 41�U U z Q Z fY CL A W 4 H 17 o 0 F W W F Fa q w Fa U .-< d0 ~ W = f❑ a os w F d H Z g W'- Z D a tl ¢ ¢0 � U n W y LJ J F U '0 &- 0 ~ J tL R H FR D Q L7 J wF7 3 z w3 Z M A zap rn J F J Q 0 0 a J r- > o z Z p' A U U Ln rp,3Q� Q nz z z El z ¢ r lgjNd W ❑ A J R0 ¢ J A ZQ z �_ Q oc Q ¢"z p n z Q w W r L-5 o Q aWo� q � j 0�qa z�-0- cn ! WZRZ l7 J 70�Vi � q Ld p 2 Q Z Z Q J N W Z W LLJ Jam!-Uw-UJa qzo ¢ - a ]WV1Fz H LI ❑vJ0 a W W JQ w Q� > PA Z ¢ 0 p ZZ�fl(K�i-+ x W w J Q(/1��--1 a_zI-- .I2- T�W 0 W a: 0 U aZ.J-�NZ W U -D o z q q n Q z W Q(avwa gip wQgQcn<T >w x U LAE:l D UO �SQu Ld I-U W 17 w H r 0 0 0 z W d S Q d g 3 S u w 0 9 Q Q Q 0 n u CS u ❑ W U c--;CU C7 fi Z.-;(U S'') 4 U7 0 0 D U n J U z W l� -A Q ¢ U Z DE f� WHL, W11 - _ - W Q � QUA Z 2 fa W Epp Uzi _ Q [n LD rZ W JUQ Z H U j U L7 �Zm W LLI ~ W �(� x r~-1=IZw Zia �� Y J o ] o uu< �J�Q _ (Y> W �--� Q Wo I f/1 �Wh =LdLJ LJw =Zf' ULLLJZfa >UY W a- Ld W Sw � �'~'� F- ILWLiA - WTI--�W JUDQ 0 Q � � U ID L7� O O U �fY x - fY J J Y (�D U W J� fq Q'Q¢ Li. a� f+ Q �-j El � S fY z 1W w [L w t�U �i - - 0 r-w W=w fY LJ Li fL F-Q w �` tY W r� 0 0 ra U - - z Q s w 3 fY o c� ow~ f p L H => zWU w LA - �Q q �o ra z � � LI FEW zQavwi LJ D IW W-T fY lb LLA 0 a �w 0 a U � � J z Q L7 J IL v7�--,W �'I'`'U W - z0 u rn z Q QQ W - � �LAU-r 0> J-r �T- w rY a ooXLJ� _ w f Wr LJ0 Q W U Q LJ z x m JWW L,U�� Z ly L,a�W X J LW_)W J Jr> W WDU� L F o w 3C q J fY w J 3 rZ F=> H Q W�U Q W -A W= Q �FQ w _ � a awo � Q = Z� rl � w�� :. g�9 L ��r B W ==(y_Z QJX� HJ vj �\ zQW �Z Q QJ - E`da W F.X¢ f .-, Z W _J Q Q _ p �• .J 2 F-- _-_ - E°• U W (n Li (/) L'J 3 (/j Q o 1--, W X Z 0 Nr LlJoL=ow P CL (x a gWWH w XV)ww � e ¢ W W WJ Z W Z:q Jw V1w C- �Wr---,N �'WJJ� - - fYZ�U tiw W '-'� d vj W r L7z�W D� Q �' - F� -A 0 ZWofY QJUfY W ��(� Li (�LJO W V WWLJ W(�W>U 9 LJ WH�lLJ [A ,_.,0�-1Q (rl �IJv W oIT M:D TOZQ m9$ W>-ryU �� W wLJ QgwQ�z �� a: Fz W ZWfYLJ :-___ - a �Z¢R NFU rU Q �ZWW fYfW�QfY - ss o Qo Ld F--LJ(�LLJQ wJ Q -�LJL,J J, zW N QL-- (v W (Lw CnSr =f1 7)Z fl- -AS=W-J Z ZqJ W Qwf1> Ell) ��LLI I-I 0 F F W"I -E X _j U 0 ~z I IJ 0 f1 V1YJ JZUM f1LJ5[U - G rJ Q>-Q W X.=i (1J Q .� RJ ('") � ❑C]U W w it 7 C.)0Xr- W x L,UQL� U>W �� a ®� �ewur�vasuwnreec�uessesnsaaaevmsnarax.a weoew�wrw�sna�ms,s wvsmn a o 0 0 / . i ❑ ❑ OBLZ6 "dO 'NIlSlll `¢ rr o cl U HO 'u14-snl - SVWVW VANI a R� a a I ! 1 b h a itHIRE B _ ®�y.���1py rvee'eNwPtWIIYwlVYi36CKfY1616)fYd 50f491P1PIdaNdId MIG6 Y�'nNWl giy4'YI24BIP ihlPlal A7 A „wo ®nal5gn��gagI �Z 08LZ6 'y� 'NUM a } � 17 OC 4 E0G7 tl8 'ulshl — SVWtlW tl31NI " h as nrg may@ m Uzi it �2yyOa R Hwg $8EfEfE4 WZ w g , 0.inn $$gg To y$9gg "4 ptl� 1i kip - — .. gyp - - - C s � � dlez� & 3 9 x is a Ill 3 I � 5 �mk I"MI 11 n § ecyaHAS a e $§ k g mmae.s.ms;d�da� x g_ T!, w ri $ _ �� V. _ ��Nabw-w�+Maw+tattw4lhu rF�u+wwx�ea1I upl� 08dC6 Y7 NLLSILLY11Nf1'9AY lnudNcl€I iDOYL INmum•O!Na11EinN N o BNIt133NiEPN3 aA L� ," n031N3W3AOHdW11NVN31U350d0tld €xo�maa wra nn S fill ° € a ? a §# [ [ � = s j ga gi eE � IV g d P k 8 WWI g ik g IE�� of € :E aF fill fF, l If �Egi�B{...., ,yes �nr�ey�Os '!°AAnAtlUsl rR �IA0'm:�311�^W Yl®1 OiflA V'J RIFAILtl lY11L'LItl L•••••-••mLOpYL � P •nwi'watlxvnt�xaNaa � 1Mtld1f111JL5a!!SrVYNtlW VMNI oNLtl33NImN3 r HOAINMOAOIdW1-Lmv03103BOdOUd crwaaA awa YRl �� [+1 r{ a a z a rs � — _ Z) S S 9 Y C S R R R n R F. = = : S R A: R A Y C Y .UT EdLI.F 5 31Dd— 10 Y � � o�1A4 • w ggm $$ ' w J z N ti— � 4 Z '3a6s�amx�' # r r I I co s w - IL LL N c z _j a ai Up E x1 r d CC g e W e� 01 n 0 8 ? o c� V°1B iken� qpy "LOB 3MlMVIM3MVLU MOM" ► arneenrlW �W �11 - iP1vunvismi 9,VWVW VMNI 'JNI`NOI.Lmfl 19NO0 8 ®. ONIU33NION3 Q HOJIMMA011dIWIINVN31038OdOHd epcuwaaI nn a 9 a � Ilp � � I slit kid- RUH 5 6 0 - ��Eri �FR�a � ♦ + x w PER ,,, M 5 ' g ra �H 9 w a� laaon'w'��wvi4�"�u W�4 u57m ao NII81LL 71R�11'9AYlaOdN9H LO061 �, � � �&!t •�NI'No�.�onz.csNna a tNtl21f1'd1S321 5VW'dM1bMNl g�� tlN1tl 93NEtl NH�I• 210d 1N31N3hONdW1 A!'ftlN31 O360dOkld q I" N go suaaw� um vu a C8 M g 94 s s 4r 3Rg $ESNs § g $ $ lito p y g 3 CY a � � Oil 01 1 if ' Iliit J 0 Z Ng R _4 4 � p # i 2� � � li ley 7 i HC i 1 11 lip; �= a MEN O u o Y� - 0 ATTACHMENT 2 ZONING ADMINISTRATOR ACTION 24-013 CONDITIONAL USE PERMIT 2024-0010 14001 NEWPORT AVENUE, UNIT A 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) 2024-0010 was filed by Victor Begazo, on behalf of Inka Mamma's, requesting authorization for a Type 41 ABC license (sale of beer and wine for on-site consumption) in conjunction with an existing restaurant located at 14001 Newport Avenue, Unit A. B. That the proposed use is consistent with the Downtown Commercial Core Specific Plan (SP-12), which provides for the establishment of a variety of retail, commercial, and other uses. 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 SP-12, on-site alcoholic beverage sales, in conjunction with an existing restaurant, is 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 hearing was duly called, noticed, and held for said application on December 5, 2024, by the Zoning Administrator. F. That the establishment, maintenance, and operation of the proposed on-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: 1. The ancillary sale of alcoholic beverages for on-site consumption, in conjunction with an existing restaurant, is a conditionally permitted use in SP-12 pursuant to TCC Section 9271 (dd). Zoning Administrator Action 24-013 CUP 2024-0010— 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 ABC, which are proposed and conditioned to be no later than 10:00 p.m. and no earlier than 11 :00 a.m., seven days a week. 3. The proposed on-site consumption of beer and wine, in conjunction with an existing restaurant, 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. Additional parking is not required for the sale of alcohol at the existing restaurant since the sale of alcohol is an accessory use. 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 2024-0010, a request to authorize a Type 41 ABC license (sales of beer and wine for on-site consumption) for an existing restaurant located at 14001 Newport Avenue, Unit A. Zoning Administrator Action 24-013 CUP 2024-0010— Exhibit A Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 51" day of December 2024. JUSTINA L. WILLKOM ZONING ADMINISTRATOR 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 24-013 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 5t" day of December, 2024. VERA HURTADO RECORDING SECRETARY EXHIBIT A CONDITIONAL USE PERMIT 2024-0010 CONDITIONS OF APPROVAL 14001 NEWPORT AVENUE, UNIT A (INKA MAMAS RESTAURANT) GENERAL (1) 1.1 The proposed project shall substantially conform with the plans dated December 5, 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 2024-0010 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 an undue burden to City resources, or if the CUP is abandoned for a twelve (12) month period, these circumstances shall be grounds for revocation of the CUP. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION CUP 2024-0010 (Type 41 ABC License) Conditions of Approval Page 2 (1) 1.5 Any transfer of ownership of the establishment and/or operator shall require the new owner and/or operator to sign and return an "Agreement to Conditions Imposed" form provided by the Community Development. Failure to do so would be a basis for revocation proceeding. (1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.7 CUP 2024-0010 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 2024-0010 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 2024-0010, 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 2024-0010 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. CUP 2024-0010 (Type 41 ABC License) Conditions of Approval Page 3 USE RESTRICTIONS (1) 2.1 This approval provides authorization for a Type 41 ABC license for the on- site sales and consumption of beer and wine only in conjunction with an existing restaurant. Any changes to the ABC License shall be reviewed and approved by the Community Development Director. (1) 2.2 The applicant shall obtain the appropriate license from ABC for the type of alcoholic sales authorized for the site. A copy shall be provided to the City prior to operating the alcoholic sales. (1) 2.3 The business may operate from 11 :00 a.m. until 10:00 p.m. daily unless otherwise modified with the approval of the Zoning Administrator in compliance with the City's Alcoholic Beverage Sales Establishment Guidelines. (1) 2.4 Food must be served whenever the privileges of the on-sale alcohol license(s) are being exercised. (1) 2.5 The applicant or an employee of the licensee of the establishment must be present to monitor all areas, including the outdoor patio/dining area, during all times that alcoholic beverages are served or consumed. (1) 2.6 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) 2.7 No person under the age of 21 shall sell or deliver alcoholic beverages. (1) 2.8 Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. (1) 2.9 All alcohol shall be consumed on-site, except for the provisions stated in Business and Professions Code Sections 23396.5. and 23401. CUP 2024-0010 (Type 41 ABC License) Conditions of Approval Page 4 (1) 2.10 There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. (1) 2.11 The applicant shall always 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) 2.12 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) 2.13 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) 2.14 There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (1) 2.15 Games or contests, requiring or involving consumption of alcoholic beverages, shall be prohibited. (1) 2.16 Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Community Development Department and the Tustin Police Department JPD), prior to their establishment. (1) 2.17 Business operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (1) 2.18 The owner or manager of the licensed premises shall maintain, on the premises, a written security policy and procedures manual, which have been approved by the TPD, addressing, at a minimum, the following items: a. 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. b. Procedures for handling obviously intoxicated persons. CUP 2024-0010 (Type 41 ABC License) Conditions of Approval Page 5 c. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, to ensure adequate staffing levels to monitor beverage sales and patron behavior. d. 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). e. Procedures for verifying the age of patrons for purposes of alcohol sales. f. Procedures for calling the Tustin Police Department regarding observed or reported criminal activity. g. 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. h. Procedures for management of queuing lines. (1) 2.19 There shall be no window coverings or advertisements that reduce the visibility inside of the business. (1) 2.20 All signs shall comply with the Tustin Sign Code and the following: a. 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. b. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. c. The applicant shall post a "NO LOITERING" sign prohibiting loitering on the exterior of the premises. d. Signs shall be posted in a conspicuous space at all entrances/exits of the premises which shall state, "NO ALCOHOLIC BEVERAGES BEYOND THIS POINT." (1) 2.21 No sexually oriented businesses shall be conducted on the premises without approval by the City of Tustin in accordance with the TCC. CUP 2024-0010 (Type 41 ABC License) Conditions of Approval Page 6 (1) 2.22 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 24 hours of being applied. (1) 2.23 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 the business is open. FEES (1) 3.1 Within 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 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.