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HomeMy WebLinkAboutCUP 09-013Inter-Com DATE: JUNE 1, 2009 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 09-013 APPLICANT: MELISSA COOK CURTAIN CALL DINNER THEATER 690 EL CAMINO REAL TUSTIN, CA 92780 PROPERTY WILLIAM R. ZAPPAS, TRUST OWNER: EL CAMINO PLAZA 3922 EMERALD TORRANCE, CA 90503 LOCATION: 690 EL CAMINO REAL GENERAL PLAN: OLD TOWN COMMERCIAL ZONING: CENTRAL COMMERCIAL, COMBINING PARKING DISTRICT (C-2 P) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORIGALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO AUTHORIZE THE SALE OF BEER AND WINE FOR ON-SITE CONSUMPTION (ABC LICENSE TYPE 41) IN CONJUNCTION WITH AN EXISTING RESTAURANT/DINNER THEATER LOCATED AT 690 EL CAMINO REAL. RECOMMENDATION That the Zoning Administrator adapt Zoning Administrator Action 09-006 approving Conditional Use Permit 09-013. BACKGROUND The site is located in the Central Commercial with combining parking overlay (C-2 P) zoning district and Old Town Commercial General Plan Land Use Designation. Tustin City Code Section 9233c(v) lists alcoholic beverage sales establishments as a Zoning Administrator June 1, 2009 CUP 09-013 Page 2 conditionally permitted use in the C-2 district. On-site alcoholic beverage sales establishments except for restaurants are subject to distance separation requirements to residential properties, other alcoholic beverage sales establishments, and sensitive uses such as schools and churches. The proposed project is a request to allow the on- site service of alcoholic beverages within an existing dinner theater which is considered a restaurant. Therefore, the proposed project requires a CUP for alcoholic beverage sales, but is not required to meet distance requirements to sensitive uses. TCC Section 9299b(3)(f) authorizes the Zoning Administrator to review applications for on-site alcoholic beverage sales in restaurants. Site and Surrocrnding Properties The site is located in an existing shopping center (EI Camino Plaza) on the western side of EI Camino Real, south of Sixth Street and north of the I-5 Freeway (Attachment A - Location Map). The subject tenant suite is located at the southern end of the shopping center, is 12,126 square feet square in size and has 344 seats in the dinner theater. Other businesses in EI Camino Plaza include a health and fitness gym, small salons, a variety of restaurants, and general retail uses. The shopping center in which the project site is located is neighbored by the Beach Pit BBQ Restaurant and residential areas (Old Town Tustin/Cultural Resources District) to the north, Planned Industrial areas to the west, commercial properties to the east, and the Santa Ana Freeway (Interstate 5) to the south (see Zoning Map). Curtain Call Dinner Theater (Project Site) Zoning Administrator June 1, 2009 CUP 09-013 Page 3 History The Curtain Call Dinner Theater originally operated under the name "Elizabeth Howard's Curtain Call Dinner Theater" Under this business name, a Type 47 (On-Site General) ABC license was obtained in 19$3 as an outright permitted use. In 1984, alcohol sales were added to the zoning code as a conditionally permitted use. This license was maintained until 2005, when the Dinner Theater was sold to the Main Place Church. Alcohol sales did not fit the mission of the church, and the ABC license was cancelled. Recently, the dinner theater was sold again, this time to the applicant, who now wishes to reestablish alcohol sales at the theater. Since the previous ABC license was cancelled and there is no CUP for alcohol sales at this address, approval of a new CUP must be obtained. Project Description The applicant is proposing to serve beer and wine for on-site consumption (ABC Type 41 License) at the Curtain Gall Dinner Theater. The restaurant portion of the dinner theater currently operates as a sit-down restaurant, serving a set menu to customers as they watch a show. The applicant wishes to be able to offer customers beer and wine in conjunction with their meal. Alcoholic Beverage Sales Regulations and Guidelines The sale of beer and wine for on-site consumption can be authorized in conjunction with a "bona fide" restaurant use in conformance with the City's Alcohol Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001, and the applicable zoning code regulations. Pursuant to the Guidelines, a restaurant use is defined as: "A retail establishment that sells food and beverages prepared on the site, where customers are served for on-site consumption." At least eighty (80} percent of the premises' seating shall be designed and used for food consumption and must possess the necessary utensils, table, service, and condiment dispensers with which to serve meals to the public. Also, the gross annual sales of food must exceed the sale of alcohol. The submitted application states that approximately 85% of sales are estimated to be from food and 15% from alcohol. No outdoor seating is proposed. Though the application indicates that the restaurant will have a physically separate bar area, conversations with the applicant indicate that this area will be for dinner theater staff to get drinks for their customers and it will not be used by customers directly. This use of the bar area is also reflected in the Conditions of Approval for Zoning Administrator Action 09-006. Zoning Administrator Action 09-006 contains conditions that are consistent with the City's Alcoholic Beverage Sales Establishment Guidelines for on-site sale and consumption of beer and wine in conjunction with a restaurant. Zoning Administrator June 1, 2009 CUP 09-013 Page 4 Hours of Operation The proposed hours of operation are from 6:00 p.m. to 11:00 p.m., Thursday through Saturday and 12:00 noon to 5:00 p.m. on Sunday. Pursuant to proposed Condition 2.2, food service shall be available at all times when alcoholic beverages are served. Parking EI Camino Plaza currently provides 519 parking spaces. Under the current City parking standards, the site as a whole is deficient in parking. However, as this permit is to allow alcohol sales at the existing dinner theater, no intensification of the use is anticipated. Therefore, no additional parking spaces would be required. ANALYSIS A decision to approve this request may be supported by the findings that the establishment, maintenance, and the sales of beer and wine for on-site consumption in conjunction with a bona fide restaurant/dinner theater 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, in that: A. The proposed sale of on-site beer and wine is allowed within the Central Commercial with Combining Parking (C-2 P) zoning district with the approval of a Conditional Use Permit. B. As conditioned, the proposed on-site consumption of beer and wine is consistent with the Alcoholic Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001. C. The on-site consumption of alcoholic beverages would be in conjunction with a restaurant/dinner theater where food will be served at all times when alcoholic beverages are served. Any cocktail lounge or bar area shall function as a food and beverage service bar. D. The dinner theater provides sit-down meals typical of restaurant uses. Bona fide restaurants with on-site alcoholic beverage sales are exempt from distance separation requirements to residential uses, sensitive uses and other alcoholic beverage sales establishments. E. The restaurant/dinnerthester use is located within a retail center and a commercial corridor along EI Camino Real where a variety of retail, office, and restaurant uses are located. The proposed hours of operation are from 6:00 p.m. to 11:00 p.m., Thursday through Saturday and 12:00 noon to 5:00 p.m. Sunday. The characteristics of the restaurant/dinner theater use, hours of operation of the Zoning Administrator June 1, 2009 CUP 09-013 Page 5 restaurant/dinner theater would be similar to other restaurants in the center and in the vicinity. F. There is no increase in seating or square footage proposed, so no additional parking spaces need to be provided. G. The Tustin Police Department has reviewed the application and has no immediate concerns. Cari Meyer Assistant Planner Attachments: A. Location Map B. Land Use Application Fact Sheet C. Submitted Plans D. Zoning Administrator Action No. 09-006 ATTACHMENTA Location Map l F 5~1~ /; // flf ATTACHMENT B Land Use Application Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): Conditional Use Permit (CUP) 09-013 2. LOCATION: 690 EI Camino Real 3. TRACT: 110 4. APN(S): 401-631-15 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: CUP 09-009 (Shared Parking Analysis and ABC License at Japonaise Bakery 6. SURROUNDING LAND USES: NORTH: Beach Pit BBQ/Residential SOUTH: I-5 Freeway EAST: Commercial WEST: Industrial and Commercial Complex 7. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Old Town Commercial/High Density Residential SOUTH: Undesignated/Freeway EAST: Old Town Commerical WEST: Old Town Commercial/Industrial 8. SURROUNDING ZONING DESIGNATION: NORTH: Central Commercial (C-2-P~ EAST: Central Commercial (C-2-P) SOUTH: Undesignated/Freeway WEST: Central Commercial (C-2-P)/Planned Industrial (PM) 9. SITE LAND USE: EXISTING USE: Dinner Theater GENERAL PLAN: Old Town Commercial ZONING: Central Commercial DEVELOPMENT STANDARDS: PROPOSED No Change No Change No Change 10. This application does not propose any changes to building height, setbacks, lot coverage, parking, landscaping, or any other development standard. 11. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.): Town Center Redevelopment Area S:\Cdd\Cari\CUP\09-013 (Curtain Call ABC)\Land Use Application Fact Sheet.Doc ATTACHMENT C Submitted Plans See full size set of plans (Available upon request) ATTACHMENT D Zoning Administrator Action No. 09-006 ZONING ADMINISTRATOR ACTION 09-006 CONDITIONAL USE PERMIT 09-013 690 EL CAMINO REAL The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. A proper application was filed by Melissa Cook of Curtain Call Dinner Theater requesting authorization of on-site sale of beer and wine in conjunction with a restaurant/dinnertheater use, located at 690 EI Camino Real. B. The site is designated as Old Town Commercial by the City General Plan and is zoned Central Commercial District within the Combining Parking Overlay District (C-2 P), which provides for retail uses including restaurant establishments. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That a public hearing was duly called, noticed, and held for Conditional Use Permit 09-013 on June 1, 2009, by the Zoning Administrator. D. The proposed use is allowed within the Central Commercial (C-2) 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. E. The use is located in EI Camino Plaza, which is a commercial center where a variety of retail and restaurant uses are located. The characteristics of the use and hours of operation would be similar to other restaurants in the vicinity. F. That the establishment, maintenance, and operation 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 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 proposed sale of on-site beer and wine is allowed within the Central Commercial with Combining Parking (C-2 P) zoning district with the approval of a Conditional Use Permit. ii. As conditioned, the proposed on-site consumption of beer and wine is consistent with the Alcoholic Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001. iii. The on-site consumption of alcoholic beverages would be in conjunction with arestaurant/dinner theater where food will be served at all times when Zoning Administrator Action 09-006 CUP 09-013 Page 2 alcoholic beverages are served. Any cocktail lounge or bar area shall function as a food and beverage service bar. iv. The dinner theater provides sit-down meals typical of restaurant uses. Bona fide restaurants with on-site alcoholic beverage sales are exempt from distance separation requirements to residential uses, sensitive uses and other alcoholic beverage sales establishments. v. The restaurant/dinner theater use is located within a retail center and a commercial corridor along EI Camino Real where a variety of retail, office, and restaurant uses are located. The proposed hours of operation are from 6:00 p.m. to 11:00 p.m., Thursday through Saturday and 12:00 noon to 5:00 p.m. Sunday. The characteristics of the restaurant/dinner theater use, hours of operation of the restaurant/dinner theater would be similar to other restaurants in the center and in the vicinity. vi. There is no increase in seating or square footage proposed, so no additional parking spaces need to be provided. vii. The Tustin Police Department has reviewed the application and has no immediate concerns. G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit 09-013 authorizing on-site alcoholic beverage sales at the Curtain Call Dinner Theater located at 690 EI Camino Real, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 1St day of June, 2009. DANA L. OGDON ACTING ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY Zoning Administrator Action 09-006 CUP 09-013 Page 3 STATE OF CALIFORNIA ) 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 09-006 as duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 1St day of June, 2009. ELOISE HARRIS RECORDING SECRETARY EXHIBIT A -ZONING ADMINISTRATOR ACTION 09-006 CONDITIONAL USE PERMIT 09-013 CONDITIONS OF APPROVAL 690 EL CAMINO REAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped June 1, 2009, on file 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 Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 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 Conditional Use Permit 09-013 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 Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.6 Conditional Use Permit 09-013 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 conditions of approval. If the use is not operated in accordance with Conditional Use Permit 09-013, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Conditions of Approval CUP 09-013 Page 2 the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.7 As a condition of approval of Conditional Use Permit 09-013, 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, 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) 1.8 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) 1.9 The applicant shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site (Type 41). A copy shall be provided to the City prior to issuance of a business license. (1) 1.10 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 location, 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. USE RESTRICTIONS (1) 2.1 The authorization to serve alcoholic beverages on-site is subject to the use remaining as a dinner theater. Any change to the use shall require review and approval by the Community Development Director. (1) 2.2 Only on-site sale or consumption of alcohol for any type of ABC license is authorized. All alcoholic beverages shall be consumed on-site, with the exception of the provisions stated in the Business and Profession Code Section 23396.5 and 23401. Exhibit A Conditions of Approval CUP 09-013 Page 3 (1) 2.3 Business hours are limited to the following: 6:00 p.m. to 11:00 p.m., Thursday through Saturday; 12:00 noon to 5:00 p.m. Sunday Hours of sales of beer and wine shall be limited to the hours when food is available. Modifications to the hours of operation may be approved by the Community Development Director if it is determined that no impact to the surrounding tenants or properties will occur. (1) 2.4 The dinner theater shall have a maximum 344 seats. Any increase in the number of seats is subject to approval from the Community Development Director. (1) 2.5 No outdoor seating is permitted at the site without approvals in accordance with the Tustin City Code. (1) 2.6 Any live entertainment provided at the project site shall comply with TCC Section 3231 et seq. regarding Live Entertainment. (1) 2.7 All persons serving alcoholic beverages within a restaurant establishment must be 18 years of age or older and supervised by someone 21 years of age or older. The supervisor shall be present in the same area as point of sale. (1) 2.8 All alcoholic beverages shall be served to customers while seated at their table. Any cocktail lounge or bar area shall function as a food and beverage service bar. (1) 2.9 The restaurant shall operate within all applicable Federal, State, and Tustin City Code provisions, including the City of Tustin Noise Ordinance. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or 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 in the Tustin City Code. (1) 2.10 The gross annual sales receipts shall be provided to the Community Development Department upon request. To verify that the gross annual sales of food exceeds the gross annual sales, an audited financial statement shall be provided for review and approved by the Community Development Director upon request or as deemed necessary upon obtaining a business license. If the audited financial statement demonstrates that the sale of alcohol exceeds the sale of food, the sale of alcoholic beverages shall cease immediately. Exhibit A Conditions of Approval CUP 09-013 Page 4 (1) 2.11 "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) 2.12 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) 2.13 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (1) 2.14 Public telephones inside and adjacent to the establishment shall be modified to prevent incoming calls. (1) 2.15 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. 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.