AGENDA REPORT. long term ground lease holder for the land filed an. application to amend Condition 14 of City Council Resolution No 09 65

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1 Agenda Item 1 1 AGENDA REPORT Revewed Cty Manager Fnance Drector MEETING DATE FEBRUARY TO WILLIAM A HUSTON CITY MANAGER FROM COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT AMENDMENT TO CONDITIONS OF APPROVAL FOR CITY COUNCIL RESOLUTION NO 09 65CONDITIONAL USE PERMIT SUMMARY On November the Cty Councl adopted Resoluton No approvng Condtonal Use Permt CUP to authorze the sale of beer and wne for on ste consumpton ABC Lcense Type 41 n conjuncton wth an exstng restaurant dba Tradtons located at Red Hll Avenue Exhbt A Locaton Map Condton 14 of Cty Councl Resoluton No requres that the property owner and applcant sgn an Agreement to Condtons Imposed form In a letter dated December Exhbt B the long term ground lease holder requested that Condton 14 of Cty Councl Resoluton be modfed to elmnate the requrement for the property owner to sgn the Agreement and nstead requre the long term ground lease holder the long term buldng lease holder and the busness owner to sgn the Agreement Subsequently on December the long term ground lease holder for the land fled an applcaton to amend Condton 14 of Cty Councl Resoluton No Busness Owner Orgnal Applcant Manojkumar C Nlkanth Tradtons Restaurant Sprngvale Lane Castac CA Current Lsted Property Owner Huber G Wlson deceased co Old Town Inc 3185 Mortz Dr Huntngton Beach CA Long Term Lease Holder Land Applcant Long Term Lease Holder Buldng for Amendment Lany Smth Old Town Inc Mchael Pedcn Pedkam 3185 Mortz Dr 2187 Newcastle Avenue 100 Huntngton Beach CA Cardff by the Sea CA RECOMMENDATION That the Cty Councl take one of the followng actons 1 Adopt Resoluton No repealng Condtonal Use Permt subject to the amended condtons of approval or Resoluton No and approvng

2 Cty Councl Report February Amendment to Condtons of Approval of Cty Councl Resoluton No Page 2 of 4 2 Drect staff to prepare a resoluton denyng the request for an amendment to condtons of approval of Cty Councl Resoluton No FISCAL IMPACT The applcaton for an amendment to condtons of approval of a condtonal use permt applcant ntated project The applcant has pad applcable fees for processng ths project ENVIRONMENTAL ANALYSIS s an The project s categorcally exempt pursuant to Secton Exstng Facltes of Ttle 14 Chapter 3 of the Calfoma Code of Regulatons Gudelnes for the Calforna Envronmental Qualty Act BACKGROUND AND DISCUSSION On November the Cty Councl approved Cty Councl Resoluton No approvng Condtonal Use Permt authorzng the on ste sales of beer and wne ABC Lcense Type 41 at an exstng restaurant Tradtons Condton 14 of Cty Councl Resoluton states Approval of Condtonal Use Permt s contngent upon the applcant and property owner sgnng and returnng to the Communty Development Department a notarzed Agreement to Condtons Imposed form and the property owner sgnng and recordng wth the County Clerk Recorder a notarzed Notce of Dscretonary Permt Approval and Condtons of Approval form The forms shall be establshed by the Drector of Communty Development and evdence of recordaton shall be provded to the Communty Development Department After the orgnal project was approved the applcants were unable to obtan a sgnature from the property owner statng that the property owner Huber G Wlson s deceased and the executors of the trust Huber G Wlson Trust are not wllng to sgn the Agreement to Condtons Imposed form Therefore the long term ground lease holder has fled an applcaton to request that Condton 14 be modfed to requre only the long term ground lease holder the long term buldng lease holder and the busness owner be requred to sgn the forms ANALYSIS The project ste has had a long hstory of ssues assocated wth the servce of alcohol Therefore Staff would recommend approval of ths amendment f addtonal condtons are added Typcally condtonal use permts run wth the land whch s why the property owner s sgnature s requred As the requested amendment would requre only the long term lease holder s sgnatures Staff would recommend Condton 10 be added statng that the approval of the CUP shall reman vald for the term of the lease hold nterest whch expres June In addton Staff recommends the addton of Proposed Condtons

3 Cty Councl Report February Amendment to Condtons of Approval of Cty Councl Resoluton No Page 3 of 4 11 and 12 requrng a new Agreement to Condtons Imposed form be executed should a new restaurant open or the lease be transferred to another party The Cty Attorney has revewed ths request and determned that the request would be allowable as long enttlement s condtoned to run wth the lease hold nterest nstead of wth the land as the The approval of proposed Cty Councl Resoluton No would repeal Resoluton the orgnal approval of CUP All condtons of Resoluton are ncluded n ther orgnal form n Resoluton wth the excepton of the amendment to Condton 14 and the addton of Condton and 12 In makng a decson on ths applcaton for an amendment the Cty Councl could take one of the followng alternatves 1 Adopt Resoluton No repealng Condtonal Use Permt subject to the amended condtons of approval or Resoluton No and approvng 2 Drect staff to prepare a resoluton denyng the request for an amendment to condtons of approval of Cty Councl Resoluton No If the Cty Councl decdes to approve the amendment the request may be supported by the followng fndngs 1 Tustn Cty Code Secton 9232b p allows the sale ofon ste beer and wne wthn the Retal Commercal C1 zonng dstrct wth the approval of a Condtonal Use Permt 2 As condtoned the proposed on ste consumpton of beer and wne s consstent wth the Alcoholc Beverage Sales Establshment Gudelnes as amended by the Plannng Commsson and adopted by the Cty Councl on May The on ste consumpton of alcoholc beverages would be n conjuncton wth a restaurant use where food wll be served at all tmes when alcoholc beverages are served Any cocktal lounge or bar area shall functon as a food and beverage servce bar 4 Pursuant to Tustn Cty Code Secton 9232b p bona fde restaurants wth on ste alcoholc beverage sales are exempt from dstance separaton requrements to resdental uses senstve uses and other alcoholc beverage sales establshments 5 The restaurant s located wthn a retal center and a commercal corrdor along Red Hll Avenue where a varety of retal offce and restaurant uses are located The proposed hours of operaton are from 11 00amto230 pm and500 pm to pm seven days a week The characterstcs of the restaurant use and hours of operaton center and n the vcnty of the restaurant would be smlar to other restaurants n the

4 Cty Councl Report February Amendment to Condtons of Approval of Cty Councl Resoluton No Page 4 of 4 6 There s no ncrease n square footage proposed therefore no addtonal parkng spaces need to be provded 7 The Tustn Polce Department has revewed the applcaton concerns and has no mmedate 8 That due to the long term nature of the ground lease and the fact that the applcant the long term ground lease holder Pedkam s the responsble party for the day to day operaton at the shoppng center the applcant has requested that only the long term ground lease holder the long term buldng lease holder and the busness owner be requred to sgn the Agreement to Condtons Imposed forms 9 The requested amendment s mnor n nature and would not sgnfcantly ntent of the orgnal approval alter the 10 As condtoned the Condtonal Use Permt would run wth the long term leases on the land and the buldng C Car MeYer Assstant Planner Q Cl Elzabeth A Bnsack Communty Development Drector Exhbts A Locaton Map B Submtted Letter from Long Term Ground Lease Holder Pedkam C Cty Councl Resoluton No 10 18

5 EXHIBIT A Locaton Map

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7 EXHIBIT B Submtted Letter from Long Term Ground Lease Holder Pedkam

8 IECIEIVED Pedkam a Calforna general partnershp Z 187 Newcastle Avenue Sute 100 Cardff by the Sea Calforna phone fax DEC COMMUNITY DEVELOPMENT DEPT December Honorable Cty Councl Cty oftustn 300 Centennal Way Tustn Calforna Subject Request for Modfcaton Condtonal Use Permt Tradtons Restaurant Red Hll Avenue Dear Mayor Amante and Members of the Cty Councl My name s Armand Pedcn and I am a general partner of Pedkam who s the long term ground lessee ofthe approxmately 5acre retal center at the southwest corner of Red Hll Avenue and Nsson Road n whch the referenced restaurant s located Our ground lease was acqured n 1968 and has a 55 year term that extends through June On November the Cty Councl unanmously adopted Resoluton No whch approved Condtonal Use Permt to allow for the on ste sale ofbeer and wne at the exstng restaurant Pedkam very much apprecates the Cty Councl s favorable acton on the applcaton and beleves that the numerous condtons mposed by the Cty Councl are reasonable save one for whch I am now wrtng to request a mnor modfcaton and your drecton as to the approprate Cty procedure to submt and process our request Whle I hope ths could be accomplshed admnstratvely Iwould understand f the matter would need to be returned to the Cty Councl for approval Our concern relates to the frst sentence ofcondton14 whch states Approval of Condtonal Use Permt s contngent upon the applcant and property owner sgnng and returnng to the Communty Development Department a notarzed Agreement to Condtons Imposed form and the property owner sgnng and recordng wth the County Clerk notarzed Notce of Dscretonary Permt Approval and Condtons of Approval form Recorder a At the onset I understand there may be some confuson regardng the dentty and relatonshp of the several partes havng an nterest n the subject property The current fee owner and lessor s the Huber Wlson Trust Thomas Wlson and Marlyn Crandon are theco trustees The 1968 ground lease was granted by Huber and Louse Wlson to Zachary Pedcn my brother Zachary later assgned the leasehold nterest to Pedkam whch s a Calforna general partnershp The ste on whch the restaurant ste n queston s stuated was subleased by Pedkam n 1970 to RARSteak House lne fora 50 year term exprng n 2020 The restaurant was bult and

9 as operated Chuck s Steak House In 1998 ths sublease was assgned to Old Town Inc a Calforna corporaton whose presdent and sole shareholder s Larry Smth who also purchased the subject buldng Pedkam later extended the term of the sublease assgned to Old Town Inc to June whch concdes wth the expraton date of Pedkam sground lease Manojkumar Nlkanth the applcant for Condtonal Use Permt s the operator of Tradtons Restaurant pursuant to an agreement wth Old Town Inc I hope ths clarfes the respectve property nterests for you The satsfacton of the frst sentence ofcondton 14 to Condtonal Use Permt s somewhat problematc because ofts reference to the property owner Pedkam respectfully requests that the condton be revsed so that the to Agreement Condtons Imposed form would be sgned by the applcant Mr Nlkanth the sublessee and buldng owner Old Town Inc and the ground lessee Pedkam and that the Notce of Dscretonary Permt Approval and Condtons of Approval form would be sgned by the ground lessee Pedkam Due to the long term nature of the ground lease and the fact that Pedkam has had and wll contnue to have far to day responsblty for the operaton and mantenance of the retal many years to come the day center the property owner has admnshed ncentve and nterest n the condtons that have been mposed on the condtonal use permt t would apprecate the opportunty for representatves of Pedkam to meet wth members ofthe Cty Councl and or the Cty Manager the Drector of or Communty Development other staff members to dscuss our request f there are any questons and n any event to dscuss generally the busness actvtes at the retal center and our commtment to accountablty and ensurng that our current and future operatons are fully responsve to and consstent wth the Cty s expectatons In closng thank you for your attenton to and cansderaton of ths letter and our request I look forward to hearng the Cty ssuggeston for how our request should be pursued and to makng arrangements for ameetng Sncerely Armand Pedcn General Partner Pedkam cc Ms IJlzabeth Bnsack Drector ofcommunty Development Old Town Inc Attn Mr Larry Smth

10 EXHIBIT C Cty Councl Resoluton No 10 18

11 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN REPEALING CITY COUNCIL RESOLUTION NO AND APPROVING CONDITIONAL USE PERMIT AUTHORIZING ON SITE ALCOHOLIC BEVERAGE SALES IN CONJUNCTION WITH AN EXISTING RESTAURANT TRADITIONS LOCATED AT RED HILL AVENUE SUBJECT TO THE AMENDED CONDITIONS OF APPROVAL The Cty Councl does hereby resolve as follows I The Cty Councl fnds and determnes as follows A A proper applcaton was fled by Manojkumar Nlkanth of Tradtons Restaurant requestng authorzaton ofon ste sale of beer and wne ABC Lcense Type 41 n conjuncton wth a restaurant use located at Red Hll Avenue B The ste s desgnated as Communty Commercal by the Cty General Plan and s zoned Retal Commercal C1 whch provde for a varety of commercal and retal uses ncludng restaurant establshments and on ste alcohol sales establshments are allowed wth the approval of a Condtonal Use Permt The project s consstent wth the Ar Qualty Sub element of the Cty of Tustn General Plan C The exstng restaurant use s located n a commercal center where a varety of retal and restaurant uses are located The characterstcs of the use and hours of operaton would be smlar to other restaurants n vcnty the D That a publc hearng was duly called notced and held for Condtonal Use Permt on October by the Zonng Admnstrator and that the Zonng Admnstrator forwarded ths matter to the Plannng consderaton and acton Commsson for E That a publc hearng was duly called notced and held for Condtonal Use Permt on October by the Plannng Commsson at whch tme the Plannng Commsson adopted Resoluton No 4131 approvng CUP F That Tustn Cty Code Secton 9294b states that the Cty Councl may request an appeal of any acton taken by the Plannng Commsson At a regular meetng of the Cty Councl on October the Cty Councl requested an appeal of the Plannng Commsson approval of Condtonal Use Permt

12 Resoluton No Page 2 G H I A publc hearng was duly called notced and held for Condtonal Use Permt on November by the Cty Councl at whch the Cty Councl adopted Resoluton No approvng CUP A proper applcaton was fled by Mchael Pedcn of Pedkam requestng an amendment to the Condtons 14 mposed by the Cty Councl through the adopton of Cty Councl Resoluton No Condton 14 of Resoluton No requres the property owner and applcant to sgn and return to the Communty Development Department a notarzed Agreement to Condtons Imposed form and the property owner to sgn and record wth the County Clerk Recorder a notarzed Notce of Dscretonary Permt Approval and Condtons of Approval form A publc hearng was duly called notced and held for an amendment to the condtons of approval of Cty Councl Resoluton No for Condtonal Use Permt on February by the Cty Councl J That the establshment mantenance and operaton of the proposed use wll not under the crcumstances of ths case be detrmental to the health safety morals comfort or general welfare of the persons resdng or workng n the neghborhood of such proposed use nor be njurous or detrmental to the property and mprovements n the neghborhood of the subject property or to the general welfare of the Cty of Tustn n that 1 Tustn Cty Code Secton 9232b p allows the sale ofon ste beer and wne wthn the Retal Commercal C1 zonng dstrct wth the approval of a Condtonal Use Permt 2 As condtoned the proposed on ste consumpton of beer and wne s consstent wth the Alcoholc Beverage Sales Establshment Gudelnes as amended by the Plannng Commsson and adopted by the Cty Councl on May The on ste consumpton of alcoholc beverages would be n conjuncton wth a restaurant use where food wll be served at all tmes when alcoholc beverages are served Any cocktal lounge or bar area shall functon as a food and beverage servce bar 4 Pursuant to Tustn Cty Code Secton 9232b p bona fde restaurants wth on ste alcoholc beverage sales are exempt from dstance separaton requrements to resdental uses senstve uses and other alcoholc beverage sales establshments 5 The restaurant s located wthn a retal center and a commercal corrdor along Red Hll Avenue where a varety of retal offce and restaurant uses are located The proposed hours of operaton are from amto230 pm and 500 pm to pm seven days a

13 Resoluton No Page 3 week The characterstcs of the restaurant use and hours of operaton of the restaurant would be smlar to other restaurants n the center and n the vcnty 6 There s no ncrease n square footage proposed therefore no addtonal parkng spaces need to be provded 7 The Tustn Polce Department has revewed the applcaton mmedate concerns and has no term nature of the ground lease and the fact that the applcant the long term ground lease holder Pedkam s the responsble party for the to day operaton at the shoppng center the applcant has requested that only the long term ground lease holder the long term buldng lease holder and the busness owner be requred to sgn the Agreement to Condtons Imposed forms 8 That due to the long 9 The requested amendment s mnor n nature and would not sgnfcantly alter the ntent of the orgnal approval 10 As condtoned the Condtonal Use Permt would run wth the long term leases on the land and the buldng K Ths project s Categorcally Exempt pursuant to Secton Class 1 of the Calforna Code of Regulatons Gudelnes for the Calforna Envronmental Qualty Act II The Cty Councl hereby repeals Resoluton No and approves Condtonal Use Permt authorzng on ste alcoholc beverage sales n conjuncton wth an exstng restaurant Tradtons located at Red Hll Avenue subject amended condtons contaned wthn Exhbt A attached hereto to the PASSED AND ADOPTED by the Cty Councl of the Cty of Tustn at a regular meetng on the 2d day of February 2010 Jerry Amante Mayor Pamela Stoker Cty Clerk

14 Resoluton No Page 4 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN SS CERTIFICATION FOR RESOLUTION NO PAMELA STOKER Cty Clerk and ex offco Clerk of the Cty Councl of the Cty of Tustn Calforna does hereby certfy that the whole number of the members of the Cty Councl of the Cty of Tustn s fve that the above and foregong Resoluton No was duly passed and adopted at a regular meetng of the Tustn Cty Councl held on the 2nd day of February 2010 by the followng vote COUNCILMEMBER AYES COUNCILMEMBER NOES COUNCILMEMBER ABSTAINED COUNCILMEMBER ABSENT Pamela Stoker Cty Clerk

15 EXHIBIT A RESOLUTION NO CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL GENERAL 1 1 The proposed project shall substantally conform wth the submtted plans for the project date stamped November on fle wth the Communty Development Department as heren modfed or as modfed by the Drector of Communty Development n accordance wth ths Exhbt The Drector of Communty Development may also approve subsequent mnor modfcatons to plans durng plan check f such modfcatons are consstent wth provsons of the Tustn Cty Code 1 12 Unless otherwse specfed the condtons contaned n ths Exhbt shall be compled wth as specfed subject to revew and approval by the Communty Development Department 1 13 Ths approval shall become null and vod unless the use s establshed wthn twelve 12 months of the date of ths Exhbt Tme extensons may be granted f a wrtten request s receved by the Communty Development Department wthn thrty 30 days pror to expraton 1 14 Approval of Condtonal Use Permt s contngent upon the applcant sub lessee and buldng owner and the ground Jesse ewfler sgnng and returnng to the Communty Development Department a notarzed Agreement to Condtons Imposed form and the applcant sub lessee and buldng owner and the ground lessee t sgnng r and recordng wth the County Clerk Recorder a notarzed Notce of Dscretonary Permt Approval and Condtons of Approval form The forms shall be establshed by the Drector of Communty Development and evdence of recordaton shall be provded to the Communty Development Department 1 15 Any volaton of any of the condtons mposed s subject to the ssuance of an Admnstratve Ctaton pursuant to Tustn Cty Code Secton 1162 a 1 16 As a condton of approval of Condtonal Use Permt the applcant shall agree at ts sole cost and expense to defend ndemnfy and hold harmless the Cty ts offcers employees agents and consultants from any clam acton or proceedng brought by a thrd party aganst the Cty ts offcers agents and employees whch seeks to attack set asde challenge SOURCE CODES 1 STANDARD CONDITION 5 RESPONSIBLE AGENCY REQUIREMENT 2 CEQA MITIGATION 6 LANDSCAPING GUIDELINES 3 UNIFORM BUILDING CODE S 7 PC POLICY 4 DESIGN REVIEW EXCEPTION

16 Exhbt A Resoluton No Page 2 vod or annul an approval of the Cty Councl the Plannng Commsson or any other decson makng body ncludng staff concernng ths project The Cty agrees to promptly notfy the applcant of any such clam or acton fled aganst the Cty and to fully cooperate n the defense of any such acton The Cty may at ts sole cost and expense elect to partcpate n the defense of any such acton under ths condton 1 17 The applcant shall be responsble for costs assocated wth any necessary code enforcement acton ncludng attorney sfees subject to the applcable notce hearng and appeal process as establshed by the Cty Councl by ordnance 1 18 The applcant shall obtan the approprate lcense from the State Department of Alcoholc Beverage Control for the type of alcoholc sales authorzed for the ste Type 41 A copy shall be provded to the Cty pror to ssuance of a busness lcense 1 19 Approved uses shall operate wthn all applcable State County and the Tustn Cty Code Any volatons of the regulatons of the Department of Alcoholc Beverage Control as they pertan to the subject locaton or of the Cty of Tustn as they relate to the sale of alcoholc beverages may result n the revocaton of the subject Condtonal Use Permt as provded for the Tustn Cty Code 10 Except as otherwse stated n Condton 13 approval of ths Condtonal Use Permt shall reman vald for a perod not to exceed the term of the leases on the subect property and buldng ncludng any extenson thereof If the leases are exten ded or termnated notce and evdence thereof shall be provded to the Communty Development Drector Upon termnaton or expraton of the leases ths Condtonal Use Permt shall be deemed null and vod 11 Pror to ssuance of a new busness lcense or transfer of the ABC Lcense any new busness owner shall sgn and return to the Communty Development Department a notarzed Agreement to Condtons Imposed form 12 Should the ground lease or buldng lease be transferred or assgned to another party notce shall be provded to the Communty Development Department and the new lease holder s shall sgn and return to the Communty Development Department a notarzed Agreement to Condtons Imposed form

17 Exhbt A Resoluton No Page 3 USE RESTRICTIONS 1 21 The authorzaton to serve alcoholc beverages on subject to the use remanng as a restaurant Any change to the use shall requre revew and approval by the Communty Development Drector 1 2 Ths approval authorzes a Type 41 ABC Lcense on ste beer and wne sales Any changes and or upgrades to the ABC Lcense may be consdered by the Communty Development Drector 1 23 Busness hours are lmted to the followng Seven days a week 11 00am to230 pm and500 pm to pm Hours of sales of beer and wne shall be lmted to the hours when food s avalable Modfcatons to the hours of operaton may be approved by the Communty Development Drector f t s determned that no mpact to the surroundng tenants or propertes wll occur 1 24 No outdoor seatng s permtted at the ste wthout approvals n accordance wth the Tustn Cty Code 1 25 No off ste sale or consumpton of alcohol s authorzed except partally consumed bottles of wne as authorzed n Busness and Professons Code Secton The menu of the restaurant shall consst of foods that are prepared premses on the 1 27 The entre faclty whch ncludes all three 3 levels shall operate exclusvely as a restaurant Durng busness hours at least 80 percent of the premses shall be desgned and used for and must possess the necessary utensls table servce and condment dspensers wth whch to serve meals to the publc 1 28 No cover charge shall be charged to customers of the restaurant 1 29 Any cocktal lounge or bar area wthn the restaurant shall functon as a food and beverage servce bar Any lve entertanment provded at the project ste shall comply wth TCC Secton 3231 et seq regardng Lve Entertanment

18 Exhbt A Resoluton No Page All persons servng alcoholc beverages wthn a restaurant establshment must be 18 years of age or older and supervsed by someone 21 years of age or older The supervsor shall be present n the same area as pont of sale The restaurant shall operate wthn all applcable State County and Tustn Cty Code provsons ncludng the Cty of Tustn Nose Ordnance Any volatons of the regulatons of the Department of Alcoholc Beverage Control as they pertan to the subject locaton or the Cty of Tustn as they relate to the sale of alcoholc beverages may result n the revocaton of the subject Condtonal Use Permt as provded n the Tustn Cty Code The gross annual sales recepts shall be provded to the Communty Development Department annually To verfy that the gross annual sale of food exceeds the gross annual sales an audted fnancal statement shall be provded for revew and approval by the Communty Development Drector annually If the audted fnancal statement demonstrates that the sale of alcohol exceeds the sale of food the sale of alcoholc beverages shall cease mmedately No Loterng sgns shall be placed near the entrance on the outsde of the premses or n other specfed locatons where alcoholc beverages are sold All ltter shall be removed from the exteror areas around the premses ncludng publc sdewalk areas and parkng areas no less frequently than once each day that the busness s open No sexually orented busnesses shall be conducted on the premses wthout approval by the Cty n accordance wth the Tustn Cty Code Publc telephones nsde and adjacent to the establshment shall be modfed to prevent ncomng calls Busness operatons shall be conducted n a manner that does not create a publc or prvate nusance Any such nusance must be abated mmedately upon notce by the Cty of Tustn Ambent nose of the on ste sales faclty shall not exceed the standards of the Cty of Tustn Nose Ordnance 1 20 All on ste sgns ncludng permanent and temporary sgns banners shall comply wth the Cty of Tustn Sgn Code Allnon permtted sgns shall be removed

19 Exhbt A Resoluton No Page 5 21 Condtonal Use Permt may be revewed annually or more often f deemed necessary by the Communty Development Drector on the Communty Development Drector sown ntatve or n consultaton wth the Polce Chef or the Drector of Publc Works to ensure compatblty wth the area and complance wth the condtons of approval contaned n ths Resoluton and related Exhbts condtons of approval If the Communty Development Drector ether on the Drector s own ntatve or after consultng wth the Polce Chef and or the Drector of Publc Works determnes that there s evdence that the use s beng operated n a manner nconsstent wth the condtons of approval or s creatng a nusance or otherwse negatvely or detrmentally affectng nearby tenants or the neghborhood the Communty Development Drector may set the matter for hearng before the Plannng Commsson and the Cty Councl as provded under Tustn Cty Code Secton 9293 At the concluson of such hearng the Cty Councl may ether revoke the permt or mpose addtonal condtons as the Cty Councl may reasonably determne necessary or convenent to elmnate any nusance or mnmze any negatve mpacts FEES Wthn forty eght 48 hours of approval of the subject project the applcant shall delver to the Communty Development Department a casher scheck payable to the COUNTY CLERK n the amount of frfty dollars to enable the Cty to fle the approprate envronmental documentaton for the project If wthn such forty eght 48 hour perod the applcant has not delvered to the Communty Development Department the above noted check the statute of lmtatons for any nterested party to challenge the envronmental determnaton under the provsons of the Calforna Envronmental Qualty Act could be sgnfcantly lengthened