HomeMy WebLinkAboutPC RES 365814
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" RESOLUTION NO. 3658
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, APPROVING CONDITIONAL USE PERMIT 98-031
AUTHORIZING THE ESTABLISHMENT OF A RESTAURANT WITH ON-
SITE BEER AND WINE CONSUMPTION (ABC LICENSE TYPE 41) AT
THE PROPERTY LOCATED AT 658 EL CAMINO REAL.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A.
That a proper application for Conditional Use Permit 98-031, was
filed by Akira Takashio, requesting authorization to obtain a license
for the on-site consumption of beer and wine (ABC License Type
"41") in conjunction with a new restaurant located at 658 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.
C.
That a public hearing was duly called, noticed and held on said
application on February 22, 1999 by the Planning Commission.
Do
That the establishment, maintenance, and operation of the use
applied for 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 a detriment to the property and improvements
in the neighborhood of the subject property, nor to the general
welfare of the City of Tustin as evidenced by the following findings:
1)
The proposed use, as conditioned, will not be detrimental to
surrounding properties or be detrimental to the health, safety,
morals, comfort and general welfare of the persons residing in
or working in the neighborhood in that the proposed project,
as conditioned, complies with adopted Planning Commission
guidelines for alcoholic beverage sales establishments which
have been established to mitigate potential impacts
associated with the sale of alcohol in conjunction with
restaurants.
2)
The hours and operations of the restaurant are appropriate
and compatible with the surrounding uses in that other
restaurants in the vicinity are open during similar hours.
3)
The proposed use, as conditioned, will not have a negative
effect on surrounding properties or be.injurious or detrimental
to property or improvements in the vicinity or to the welfare of
the City in that sufficient parking can be provided as
evidenced by the parking analysis prepared for the proj~t.
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Resolution No. '-'.
Page 2
II.
That this project is Categorically Exempt from the requirements of
the California Environmental Quality Act, pursuant to Section 15301
(Class 1 ).
Fe
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.
The Planning Commission hereby approves Conditional Use Permit No. 98-
031 authorizing the on-site consumption of beer and wine (ABC License
Type "41") in conjunction with an existing restaurant located at 658 El
Camino Real, subject to the conditions contained within Exhibit A, attached
hereto.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a
regular meeting held on the 22nd day of February, 1999.
PONTIOUS
Chairperson
Planning Commission Secretary
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. 3658 was duly passed and adopted at a regular
meeting of the Tustin Planning Commission, held on the 22n~ day of February,
1999.
ELd'ZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
RESOLUTION NO. 3658
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 98-031
GENERAL
(1) 1.1
The proposed project shall substantially conform with the submitted plans
date stamped February 22, 1999, on file with the Community Development
Department, as herein modified, or as modified by the Director of
Community Development Depa.rtment in accordance with this Exhibit.
(1) 1.:)
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
Approval of Conditional Use Permit 98-031 is contingent upon the applicant
signing and returning an "Agreement to Conditions Imposed" form as
established by the Director of Commun!ty Development.
(1) 1.4
Conditional Use Permit 98-031 authorizes ABC License Type "41" for the
on-site sale and consumption of beer and wine only.
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
Alcoholic beverages may not be served or consumed outside of the
restaurant, unless a physical barrier is approved by the Community
Development Department and the Department of Alcoholic Beverage
Control pdor to installation.
SOURCE CODES
(1)
(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 3658
February 22, 1999
Page 2
(1) 2.3
(1) 2.4
(1) 2.5
(1) 2.6
(1) 2.7
(1) 2.8
(1) 2.9
(1) 2.10
(1) 2.11
(1) 2.12
(1) 2.13
*** 2.14
Hours of sales of beer and wine shall be limited to the hours when food is
available. Menu items shall be available in the restaurant during business
hours.
Hours of operation shall be limited to 11:00 a.m. to 12:00 midnight.
· The menu of the restaurant shall consist of foods that are prepared on the
premises.
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
restaurant. Should this use change or be discontinued, authorization for
this use permit is null and void.
There shall be no billiard (pool) tables, coin operated games, dancing or live
entertainment on the premises at any time.
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 same area as point of sale.
No outdoor seating shall be permitted unless separate Conditional Use
Permit is approved pursuant to the current provision of the Tustin City
Code.
No bar type seating other than the sushi bar is allowed.
"No Loitering" signs shall be posted at the entrance of the business.
No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the applicant.
All litter shall be removed from the exterior area 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 and adjacent to the establishment shall be
modified to prevent incoming calls.
A maximum of forty nine(49) seats for the restaurant. The total number of
seats shall not be increased unless the property owner demonstrates,
through the submittal of a parking and land use summary, or as otherwise
authorized by current provisions of the Tustin City Code, that an adequate
Exhibit A
Resolution 3658
February 22, 1999
Page 3
number of on-site parking spaces are available to accommodate additional
seating for the restaurant.
BUILDING DIVISION
(1) 3.1
Plans shall comply with applicable codes, City Ordinances, and the State
and Federal laws and' regulations including:
O
O
0
0
0
1994 Uniform Building Code with California Amendments;
1997 Uniform Mechanical and Plumbing Codes with California
Amendments;
1993 National Electrical Codes with California Amendments;
T-24 California Disabled Access Regulations;
T-24 California Energy Efficiency Standards;
(1)
3.2
In compliance with the Uniform Building Code, applicant, designer,
Architect or Engineer must submit four sets of building plans to the
Building Division for review and approval prior to the issuance of building
permit.
(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 Amedcan Disabilities Act (ADA).
(5)
3.5
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.
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.
Exhibit A
Resolution 3658
February 22, 1999
Page 4
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 (48) hours 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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