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Home My WebLink AboutCUP 09-034~T'USTIN DATE: MARCH 29, 2010 Inter-Cqm TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 09-034 APPLICANT: TIMOTHY PULIDO MIMI'S CAFE SWH CORPORATION 18872 MACARTHUR BLVD., SUITE 400 IRVINE, CA 92612 ,, ~~~ ~~s:~... BUIL6ING OUR FUTURE HONORING OUR PAST PROPERTY EAST 20, LLC OWNER: ATTN: CAROLYN WILDE KOVACEVIC °106 EIGHTH STREET NEWPORT BEACH, CA 92661 LOCATION: 17231 SEVENTEENTH STREET GENERAL PLAN: COMMUNITY COMMERCIAL ZONING: RETAIL COMMERCIAL WITH COMBINED PARKING (C-1 P) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONM NTAL QUALITY ACT. REQUEST: TO AUTHORIZE THE UPGRADE OF THE EXISTING ON-SITE BEER AND WINE SALES (ABC LICENSE TYPE 41) TO ON-SITE GENERAL SALES (ABC LICENSE TYPE 47) IN CONJUNCTIO N WITH AN EXISTING RESTAURANT LOCATED AT 17231 SEVENTEENTH STREET. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 10-003 approving Conditional Use Permit 09-034. Zoning Administrator March 29, 2010 CUP 09-034 Page 2 BACKGROUND The site is located in the Retail Commercial with Combining Parking (C-1 P) zoning district and Community Commercial General Plan Land Use Designation. Tustin City Code Section 9232b(p) lists on-site alcoholic beverage sales establishments as a conditionally permitted use in the C-1 P district. On-site alcoholic beverage sales establishments excepf 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 upgrade of an existing Type 41 (beer and wine) on-site service of alcoholic beverages to Type 47 (general sales) within an existing restaurant. According to the California Department of Alcoholic Beverage Control, the restaurant has had the existing Type 41 license since 1995. However, the restaurant did not have an approved conditional use permit associated with that license. Therefore, a CUP is required for the proposed ABC license upgrade in order to comply with city requirements. TCC Section 9299b(3)(f) authorizes the Zoning Administrator to review applications far on-site alcoholic beverage sales in restaurants. Site and Surrounding Properties The site is located in an existing commercial center west of Carroll Way, east of SR-55, north of Seventeenth Street, south of the Mimi's Plaza shopping center (Attachment A - I_ocation Map). The subject restaurant is in an existing, stand-alone building located at the southwest corner of the property. Other businesses located in the commercial area include a culinary school, service station, jewelry store, other restaurants, and general retail. Figure 1: Surrounding Zoning Districts Zoning Administrator March 29, 2010 CUP 09-034 Page 3 DISCUSSION Project Description The applicant is proposing to upgrade an existing alcoholic beverage sales license for on-site consumption from beer and wine sales (ABC Type 41 License) to general alcoholic beverages sales (ABC Type 47 License) at the existing Mimi's Cafrs restaurant. The restaurant currently serves a variety of foods, typically themed after New Orleans and Cajun cuisine. No changes or expansion to the floor plan are proposed. Alcoholic Beverage Sales Regulations and Guidelines The sale of general alcoholic beverages 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 premise's 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 percent of sales are estimated to be from food and 15 percent from alcohol. The application also states there is an existing bar inside the restaurant and an small outdoor seating area. Zoning Administrator Action 10-003 contains conditions that are consistent with the City's Alcoholic Beverage Sales Establishment Guidelines for on-site sale and consumption of general alcoholic beverages in conjunction with a restaurant. Hours of Operation The proposed hours of operation are from 6:00 a.m. to 12:00 a.m., Sunday through Saturday. Pursuant to proposed Condition 2.3, food service shall be available at all times when alcoholic beverages are served. Parl~ing The project site is an existing restaurant and no changes or additional seating or square footage is proposed, therefore no additional parking spaces need to be provided. Zoning Administrator March 29, 2010 CUP 09-034 Page 4 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 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 general alcoholic beverages in conjunction with an existing restaurant use is allowed within the Retail Commercial with Combining Parking (C-1 P) zoning district with the approval of a Conditional Use Permit. B. As conditioned, the proposed on-site consumption of general alcoholic beverages 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 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 existing restaurant 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 existing restaurant use is located within a retail center and a commercial corridor along Seventeenth Street where a variety of retail, office, and restaurant uses are located. The proposed hours of operation are from 6:00 a.m. to 12:00 a.m., Sunday through Saturday. The characteristics of the restaurant use and hours of operation of the restaurant would be similar to other restaurants in the center and in the vicinity. F. The existing restaurant has possessed a Type 41 License (beer and wine) since 1995, but did not have an approved Conditional Use Permit associated with that license. Approval of a Conditional Use Permit allowing the license upgrade to a Type 47 License would bring the project site into compliance with the Tustin City Code. G. There is no increase in seating or square footage proposed, so no additional parking spaces need to be provided. Zoning Administrator March 29, 2010 CUP 09-034 Page 5 H. The Tustin Police Department has reviewed the application and has no immediate concerns. E e nne V. Huffer Associate Planner Attachments: A -Location Map B -Submitted Plans C -Zoning Administrator Action No. 10-003 ATTACHMENT A LOCATION MAP LOCATION MAP CUP 09-034: 17231 SEVENTEENTH STREET . - ATTACHMENT B SUBMITTED PLANS Z ~ 5,5 Froeway ~"~ Pol. Skn, ~~ ~ ~, rn W n ~~rn ~< rn 0 Restaurant a ° Centre! Buliding ~ ~ ~ ~~ Perklnq and Orlveway Areas 9alvks 9tatlon ParMnp and Dliu+lvi-ay Areas c~rrou way 11U11 pBp t.aneJiotd'i Inltlab~Y~.~,~ Site Pian of Leased Premises T.,,.~,,,~,~,, if~'-~5 Mimi's C;~fe Carp Offices 18872 MacArthur Betilevsrd Suite 410 Irvine, CA 92 61 ? (9491 R?5 _ ~nnn C w ~ ~n' (~ v C'1 ~~~ c~ ~~ J 00 O ~ w =3j ~E~li~~! y ' A t ;,ao ~' {(~ 11('~Ij'~((~ OBLZfi Y~ N11S(U '1S HS.Lt 1SY~ I~ZLt `~Mtl MGM ~ cN 1 ji(,1~'~ ,3~lV~SIYYZYft ereCeteCe AtRMNMM~~ Aeltl3l~s } t R ~! 0 i~ i9 jj~ ~ t a~ fi~ ~ y~ x, ~~ ~~a.~ ~ ~g ~ i ~a~ 8~~ ~~ S r%$$$&8 ~,`~~/~, --. r'~~-''ti ' ;,.:~: ,~ 4 F' _ ~ (Y 0 ~. ~~ < ~~ ~ ~~ n ~. t (~ ~r .„ ~ 4 ~' W ~ o ~ _ .r W o~ U m W W ~- a ~ e~ 95 4 t i ATTACHMENT C ZONING ADMINISTRATOR ACTION NO. 10-003