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HomeMy WebLinkAboutPC RES 4123RESOLUTION NO. 4123 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 09-020 TO AUTHORIZE ON-SITE ALCOHOLIC BEVERAGE SALES FOR BEER AND WINE IN CONJUNCTION WITH A BONA FIDE RESTAURANT LOCATED IN A 4,000 SQUARE FOOT TENANT SPACE AT 600-604 EL CAMINO REAL. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 09-020 was filed by Yoshinori Inada to request authorization for alcoholic beverage sales for beer and wine (ABC License Type 41) for on-site sale and consumption in conjunction with the restaurant at 600-604 EI Camino Real; B. That 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 alcoholic beverage sales establishments are listed as a conditionally permitted use in the Central Commercial (C-2) zoning district; D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 09-020 on August 11, 2009, by the Planning Commission; 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 consistent with other restaurants in the vicinity; F. In determining whether to approve the conditional use permit, the Planning Commission must determine whether or not the proposed project will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request can be supported by the following findings: 1. That alcoholic proposed on-site sale and consumption of beer and wine are permitted within the Central Commercial (C-2) zoning district with the approval of a Conditional Use Permit; Resolution No. 4123 Page 2 2. That 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; 3. That as conditioned, the proposed on-site consumption of alcoholic beverages would be in conjunction with a bona fide restaurant where food will be served at all times when alcoholic beverages are served; 4. That per the Alcoholic Beverage Sales Establishment Guidelines, 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; 5. That the restaurant 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 characteristics of the use and proposed hours of operation from 7:00 a.m. to 11:00 p.m. daily are consistent with the operations of surrounding uses; 6. That the restaurant expansion can be accommodated by the existing parking capacity, as found in the accompanying joint-use parking analysis (CUP 09-009); 7. That the Tustin Police Department has reviewed the application and has no immediate concerns. G. The 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 Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 09-020 to authorize alcoholic beverage sales of beer and wine for on-site sale and consumption only in conjunction with a bona fide restaurant located in a 4,000 square foot tenant space at 600-604 EI Camino Real, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 11th day of August, 2009. --_____ ~,___~ CHARLES E. PUCKETT /~-- /~ /r ' /~~~~~ Chairperson ~~ '~ ~t ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4123 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I a Commission Secretary of the Planning Commission of the City of Tustin, Resolution No. 4123 was duly passed and adopted at a regular meetin,, Planning Commission, held on the 11th day of August, 2009. '-,~- ELIZABETH A. BINSACK Planning Commission Secretary m the Planning California; that q of the Tustin EXHIBIT A RESOLUTION N0.4123 CONDITIONAL USE PERMIT 09-020 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 11, 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 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) 1.3 Approval of Conditional Use Permit 09-020 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) 1.4 As a condition of approval of Conditional Use Permit 09-020, the applicant shall agree, at is sole costs 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 defense of any such action under this condition. 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 Resolution No. 4123 Page 2 (1) 1.5 Conditional Use Permit 09-020 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 09-020 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.6 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). USE RESTRICTIONS (1) 2.1 Only on-site sale or consumption of alcohol 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. (***) 2.2 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 establishment of the use. (1) 2.3 Business hours are limited to 7:00 a.m. - 11:00 p.m. daily. 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 adverse impacts to the surrounding tenants or properties will occur. (***) 2.4 Authorization for the on-site sales of beer and wine (ABC License Type "41 ") is contingent upon the use of the subject premises remaining a bona fide restaurant as defined in the City of Tustin Alcoholic Beverage Sales Establishment Guidelines. Changes to the use or floor plan shalt require review and approval by the Community Development Director. Should the use be discontinued for a period of twelve (12) months or more, the use permit shall become null and void. (1) 2.5 The restaurant shall operate within all applicable State, County, 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 by the Tustin City Code. (7) 2.6 "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. Exhibit A Resolution No. 4123 Page 3 (7) 2.7 All litter shall be removed from the exterior areas around the premises including adjacent public sidewalk areas and parking areas, no less frequently than once each day that the business is open. (7) 2.8 All persons selling alcoholic beverages shall be eighteen (18) years of age or older and shall be supervised by someone twenty-one (21) years of age or older. A supervisor shall be present in the same area as the point of sale. (7) 2.9 Exterior public pay telephones shall be prohibited and interior public pay phones shall be programmed to prevent incoming calls. (7) 2.10 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. (7) 2.11 To verify that gross annual sales of food exceed the gross annual sales of alcoholic beverages, an audited financial statement may be requested for review and approval by the Community Development Director. If the audited financial statement demonstrates that the sales of alcoholic beverages exceeds the sales of food, then the sale of alcoholic beverages shall cease immediately until it can be determined whether the use is operating as a restaurant or a club that would be subject to distance separation requirements. PUBLIC WORKS/ENGINEERING (5) 3.1 The applicant shall provide written approval of Orange County Sanitation District (OCSD) service connections. FEES (2) 4.1 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.