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HomeMy WebLinkAboutZAA11-004 DEL TOMATE RESTAURANT 137 W. FIRST ST.ZONING ADMINISTRATOR ACTION 11-004 CONDITIONAL USE PERMIT 2011-07 137 W. 1ST STREET, SUITE 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 2011-07 was filed by Mr. Guillermo Giacobbe and Mrs. Susana Giacobbe of Del Tomate Restaurant, requesting authorization for on-site alcoholic beverage sales for beer and wine (ABC License Type "41 ") in conjunction with a bona fide restaurant located in an approximately 1,300 square foot tenant space at 137 W. 1st Street, Suite A. B. That the proposed land use is consistent with the Tustin City Code and General Plan. The site is designated as Planned Community Commercial/Business by the City General Plan and is with the First Street Specific Plan (SP-10) zoning district, where restaurants with alcoholic beverage sales establishments are conditionally permitted. The project is consistent with the Air Quality Sub- element of the City of Tustin General Plan. C. That pursuant to Section 9299b(3)(f) of the Tustin City Code, the Zoning Administrator has the authority to consider requests for on-site alcoholic beverage sales licenses for restaurants. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2011-07 on May 9, 2011, by the Zoning Administrator. E. That the proposed use is allowed within the First Street Specific Plan zoning district, with the approval of a Conditional Use Permit, and consistent with the Community Commercial land use designation of the City of Tustin General Plan, which provides for a variety of commercial uses. F. The use is located in an existing commercial area where a variety of retail and restaurant uses are located. The characteristics of the use and hours of operation would continue to be similar to other restaurants in the vicinity. G. 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: 1. The proposed sale of on-site alcoholic beverages in conjunction with an existing restaurant use is allowed within the First Street Specific Plan (SP- 10) zoning district with the approval of a Conditional Use Permit. Zoning Administrator Action 11-004 CUP 2011-07 Page 2 2. 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. 3. 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. 4. The 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. 5. The restaurant use is located within a retail center and a commercial corridor along First Street where a variety of retail, office, and restaurant uses are located. The proposed hours of operation are proposed to be limited to 7:00 a.m. to 9:00 p.m., Monday through Sunday. 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. 6. The restaurant is proposed to be located within a tenant space previously occupied by a restaurant use. There is no increase in seating or square footage proposed, so no additional parking spaces need to be provided. 7. The Tustin Police Department has reviewed the application and has no immediate concerns. H. 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 2011-07 authorizing the on-site sale of alcoholic beverages in conjunction with the 1,300 square foot restaurant (Del Tomate) located at 137 W. 1st Street, Suite A, 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 9th day of May, 2011. ~~ ADRIANNE DiLEVA RECORDING SECRETARY DANA L. OGDON ACTING ZONING A INISTRATOR Zoning Administrator Action 11-004 CUP 2011-07 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Adrianne DiLeva, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 11-004 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 9th day of May, 2011. ~~~ ~%~__ ADRIANNE DiLEVA RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 11-004 CONDITIONAL USE PERMIT 2011-07 CONDITIONS OF APPROVAL 137 W. 1 ST STREET, SUITE A GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 9, 2011, 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 2011-07 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 2011-07 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 10-007, or is found to be a 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 Zoning Administrator Action 11-004 Exhibit A Conditions of Approval CUP 2011-07 Page 2 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 Conditional Use Permit. (1) 1.7 As a condition of approval of Conditional Use Permit 2011-07, 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 47). A copy shall be provided to the City prior to operating the upgraded alcoholic sales. (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 restaurant. Any change to the use shall require review and approval by the Community Development Director. This approval authorizes a Type 47 ABC License (on-site general sales) in conjunction with a bona ode public eating place. Any changes and/or upgrades to the Alcoholic Beverage Control License shall be reviewed and approved by the Community Development Director. Zoning Administrator Action 11-004 Exhibit A Conditions of Approval CUP 2011-07 Page 3 (1) 2.2 Business hours are limited to the following: Monday -Sunday: 7:00 AM to 9:00 PM Sales of alcohol 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 impacts to the surrounding tenants or properties will occur. (1) 2.3 No off-site sale or consumption of alcohol is authorized, except partially consumed bottles of wine as authorized in Business and Professions Code Section 23396.5. (1) 2.4 The menu of the restaurant shall consist of foods that are prepared on the premises. (1) 2.5 Any cocktail lounge or bar area within the restaurant shall function as a food and beverage service bar. (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 The gross annual sales receipts shall be provided to the Community Development Department annually. To verify that the gross annual sale of food exceeds the gross annual sales, an audited financial statement shall be provided for review and approval by the Community Development Director annually. If the audited financial statement demonstrates that the sale of alcohol exceeds the sale of food, the sale of alcoholic beverages shall cease immediately. (1) 2.9 "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. Zoning Administrator Action 11-004 Exhibit A Conditions of Approval CUP 2011-07 Page 4 (1) 2.10 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. Trash receptacles shall be provided in the outdoor dining area. 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 j 2.11 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (1) 2.12 Public telephones inside and adjacent to the establishment shall be modified to prevent incoming calls. (1) 2.13 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) 2.14 All on-site signs, including permanent and temporary signs/banners, shall comply with the City of Tustin Sign Code. (1) 2.15 Lighting shall be provided to illuminate the dining area as required by the Tustin Security Code. FEES (1) 3.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building and Planning plan check and permit fees (1, 5) 3.2 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.