HomeMy WebLinkAboutPC RES 3696RESOLUTION NO. 3696
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A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT 98-031 AUTHORIZING ON-
SITE SALE OF ALCOHOLIC BEVERAGES (LICENSE
TYPE 41) AND THE USE OF SHARED PARKING FOR A
TWENTY-EIGHT (28) SEAT RESTAURANT EXPANSION
AT THE PROPERTY LOCATED AT 660 EL CAMINO REAL.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
Ac
That a proper application for Amendment to Conditional Use Permit
98-031, was filed by Akira Takashio, requesting authorization for on-
site sale of alcoholic beverages (License Type "41") and the use of
shared parking for a twenty-eight (28) seat restaurant expansion
located at 660 El Camino Real, Tustin.
B.
That the proposed use is allowed within the Central Commercial (C-
2, P) Zoning District, with the approval of a Conditional Use Permit.
Gl
That a public hearing was duly called, noticed and held on said
application on October 25, 1999 by the Planning Commission..
D. That the approval is based on the following findings:
.
That the establishment, maintenance and operation of selling
alcoholic beverages for on-site consumption 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:
am
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The use is restaurant where food will be served at all
times when alcoholic beverages are served.
The use is' located in a commercial corridor along El
Camino Real where a variety of retail, office, and
restaurant uses are located.
There is sufficient parking for the existing and
proposed uses as evidenced by the parking analysis
prepared for the project.
2.
That the operational characteristics and features of the
facility are appropriate for the location in relation to
surrounding areas, and other similar uses selling or serving
Resolution No. 3696
Page 2
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alcoholic beverages, in that the use is located in a
commercial corridor and is limited to restaurant seating with
on-site sales of alcoholic beverages only. As conditioned,
no off-site alcoholic beverage sales are permitted and food
must be served during all hours in which alcoholic
beverages are served. The characteristics of the use and
hours of operation would be similar to other restaurants in
the vicinity.
That the proposed use is consistent with the General Plan
and Zoning Code in that the property is designated as "Old
Town Commercial" and zoned "Central Commercial District"
which allows for the establishment of a restaurant use with
on-site .sale of alcoholic beverages and shared parking
subject to approval of a conditional use permit.
That, as conditioned, the proposed use is consistent with the
Alcoholic Beverage Sales Establishment Guidelines adopted
by the Planning Commission on August 23, 1999.
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E.
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That this project is Categorically Exempt from the requirements of
the California Environmental Quality Act, pursuant to Section 15301
(Class 1 ).
That the project has been reviewed for consistency with the Air
Quality Sub-element of the City of Tustin General Plan and has been
determined to be consistent with the Air Quality Sub-element.
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II.
The Planning Commission hereby approves Amendment to Conditional Use
Permit No. 98-031 authorizing on-site sale of alcoholic beverages (License
Type "41") and the use of shared parking for a twenty-eight (28) seat
restaurant expansion located at 660 El Camino Real, subject to the
conditions contained within Exhibit A, attached hereto.
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PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a
regular meeting held on the 25th day of October, 1999.
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ELIZABETH A. ¢INSACK
Planning Commission Secretary
/S~,~-IEN V. KOZAK
Chairperson
Resolution No. 3696
Page :3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the Planning Commission of the City of Tustin,
California; that Resolution No. 3696 was duly passed and adopted at a regular
meeting of the Tustin Planning Commission, held on the 25th day of October,
1999.
Planning Commission Secretary
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EXHIBIT A
RESOLUTION NO. 3696
CONDITIONS OF APPROVAL
AMENDMENT TO CONDITIONAL USE PERMIT 98-031
GENERAL
(1)
1.1
The proposed project shall substantially conform with the submitted plans
date stamped October 25, 1999, on file with the Community Development
Department, as herein modified, or as modified by the Director of
Community Development Department in accordance with this Exhibit.
1.2
Amendment to Conditional Use Permit approval shall become null and void
unless an Alcoholic Beverage Control License Type "41" is obtained from
ABC and the sale and consumption of beer and wine commences within
twelve (12) months of the date of this exhibit. Time extensions may be
granted by the Community Development Department if a written request is
received by the Community Development Department within thirty (30) days
prior to expiration.
(1)
1.3
Amendment to Conditional Use Permit 98-031 authorizes ABC License
Type "41" for the on-site sale and consumption of beer and wine only.
(1) 1.4
The applicant shall hold harmless and defend the City of Tustin from all
claims and liabilities arising out of a challenge of the City's approval of this
project.
USE RESTRICTIONS
(1) 2.1
The proposed project is a restaurant which by definition is a retail
establishment that sells food and beverages prepared on the site, where
customers are served alcoholic beverages for on-site consumption. At least
80 percent of the premises seating shall be designed and used for and
must possess the necessary utensils, table service, and condiment
dispensers with which to serve meals to the public. The gross annual sales
of food shall exceed the sale of alcohol. The proposed restaurant does not
include a cocktail lounge or a microbrewery.
SOURCE CODES
(2)
(3)
(4)
STANDARD CONDITION (5)
REQUIREMENT
CEQA MITIGATION (6)
UNIFORM BUILDING CODE/S (7)
DESIGN REVIEW ***
RESPONSIBLE AGENCY
LANDSCAPING GUIDELINES
PC/CC POLICY
EXCEPTION
Exhibit A
Resolution 3696
October 25, 1999
Page 2
(1) 2.2
(1) 2.3
(1) 2.4
(1) 2.5
(1) 2.6
(1) 2.7
(1) 2.8
(1)
(1)
2.9
2.10
2.11
Applicants shall obtain the appropriate license from the State Department
of Alcoholic Beverage Control for the type of alcoholic sales authorized for
the site. A copy shall be provided to the City.
The restaurant use 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 by the Tustin City Code.
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.
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.
Public telephones inside the establishment shall be modified to prevent
incoming calls. No exterior phones may be located on the premises.
No sexually oriented businesses shall be conducted on the premises
without approval by the City in accordance with the Tustin City Code.
Business operations shall be in a manner which does not create a public
or private nuisance. Any such nuisance must be abated immediately
upon notice by. the City of Tustin.
The applicant shall sign and return an "Agreement to Conditions Imposed"
form provided by the Community Development Director which states that
the property owner, applicant, and/or tenant agrees to comply with all
conditions imposed by the City. Failure to cordply with the conditions of
approval shall be grounds for revocation of the conditional use permit.
All alcohol shall be consumed on-site with the exception of the provisions
stated in the Business and Professions Code Section 23396.5 and 23401.
Authorization for on-site sales of alcohol in conjunction with the proposed
use is contingent upon the use remaining at the subject site. At such time
the use is discontinued or no longer the primary use of the site, the use
permit shall be deemed null and void.
Exhibit A
Resolution 3696
October 25, 1999
Page 3
(1)
2.12 Ambient noise of the on-site sales facility shall not exceed the standards
of the City of Tustin Noise Ordinance.
2.13 The restaurant menu shall consist of foods that are prepared on the
premises.
(1) 2.14
No outdoor seating is allowed at the site without approvals in accordance
with the Tustin City Code.
(1) 2.15
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) 2.16
The sale of alcoholic beverages within a restaurant establishment shall be
limited to the hours when food is available. Service of food menu items
shall occur during all business hours.
(1) 2.17 Hours of operation shall be limited to 11:00 a.m. to 12:00 a.m., midnight.
(1)
2.18 A maximum of twenty-eight (28) restaurant seats may be located in the
restaurant expansion area as shown on the site plan.
(1) 2.19
Gross annual sales receipts shall be provided to the Community
Development Department one year from the date of this exhibit and
annually thereafter.
BUILDING DIVISION
(1) 3.1
Plans shall comply with applicable codes, City Ordinances, and the State
and Federal laws and regulations including:
1997 Uniform Building Code with California Amendments;
1997 Uniform Mechanical and Plumbing Codes with California
Amendments;
1996 National Electrical Codes with California Amendments;
T-24 California Disabled Access Regulations;
T-24 California Energy Efficiency Standards;
City of Tustin Grad!ng an Security Ordinances;
City of Tustin Landscape and Irrigation Guidelines; and,
City of Tustin Private Improvement Standards.
(1) 3.2
In compliance with the Uniform Building Code, applicant, designer,
Architect or Engineer must submit four (4) sets of construction plans, two
Exhibit A
Resolution 3696
October 25, 1999
Page 4
(2) sets of structural calculations and Title 24 energy calculations
prepared by a licensed engineer/architect to the Building Division for
review and approval prior to the issuance of a building permit. No field
changes shall be made without corrections submitted to and approved by
the Community Development Department.
(1)
3.3
In compliance with the California Code of Regulations, Title 24, Part 2,
Accessibility Standards, and prior to the plan check approval, the
designer, architect or engineer, must provide designs for accessibility for
the physically challenged to the Building Division for their review and
approval prior to the issuance of a building permit.
(1)
3.4
In compliance with the Department of Justice (Office of the Attorney
General) the designer, architect or engineers proposed project must
comply with the American Disabilities Act (ADA).
(1)
3.5
Parking for disabled persons shall be provided with an additional 5 foot
loading area with striping and ramp; disabled persons shall be able to
park and access the building without passing behind another car. At least
one (1) accessible space shall be van accessible served by a minimum 96
inch wide loading area.
(.3)
3.6
Vehicle parking, primary entrance to the building, the primary paths of
travel, cashier space, sanitary facilities, drinking fountain, and public
telephones shall be accessible to persons with disabilities.
(1)
3.7
The plans submitted into plan check shall indicate that both men and
women toilets shall be made accessible to persons with disabilities or as
modified per Title 24 requirements by the Building Official.'
(1)
3.8
In compliance with the Tustin City Code, prior to the issuance of a building
permit, the designer, architect or engineer shall submit plans to the
Orange County Health Department for project approval; and shall submit
the approved plans to the City of Tustin Building Division for their review
and approval prior to the issuance of a building permit.
(5)
3.9
Specifications at Building Permit plan check submittal shall reflect material
call-outs on all elevations with applicable details and notes added.
(3)
3.10
Exit door in the expansion area to remain. Exit doors are required to be
unlocked, identified with an illuminated exit sign, and powered by the
building's power source.
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Exhibit A
Resolution 3696
October 25, 1999
Page 5
(3)
3.11 Signs indicating the number of occupants shall be posted in dining rooms.
The signs shall be located in a conspicuous area near the main exits.
FEES
(1) 4.1
Prior to issuance of any building permits, payment shall be made of all
applicable fees, including but not limited to the following. Payment shall
be required based upon those rates in effect at the time of payment and
are subject to change.
a) Building plan-check and permit fees to the Community Development
Department based on the most current schedule.
b) Orange County Fire Authority plan-check and inspection fees to the
Community Development Department based upon the most current
schedule.
(1) 4.2
Within forty eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development Department, a
cashier check payable to the COUNTY CLERK in the amount of $38.00
(thirty eight dollars) to enable the City to file the appropriate environmental
documentation for the project. If within such forty eight (4.8) hour period
that 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.
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