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Home My WebLink AboutCUP 2011-12TUSTIN Inter-Com DATE: JULY 25, 2011 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT rto o`R1N°ouRPASY SUBJECT: CONDITIONAL USE PERMIT 2011-12 APPLICANT: SIMON KWON ON BEHALF OF CHARLES LEE (GOHAN INC.) 820 S. WEBSTER AVENUE, #3 ANAHEIM, CA 92804 PROPERTY TAE SUNG LEE OWNER: 16617 HONEYBEE DRIVE TUSTIN, CA 92782 LOCATION: 13842 NEWPORT AVENUE, SUITE C GENERAL PLAN: COMMUNITY COMMERCIAL ZONING: COMMERCIAL GENERAL (CG) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO AUTHORIZE ON-SITE BEER AND WINE SALES IN CONJUNCTION WITH A RESTAURANT (ABC TYPE 41 LICENSE). Zoning Administrator July 25, 2011 CUP 2011-12 Page 2 RIECOI~IVIENDATION That the Zoning Administrator adopt Zoning Administrator Action 11-008 approving Conditional Use Permit 2011-12 authorizing the on-site sale of beer and wine in conjunction with a restaurant (ABC Type 41 License) located at 13842 Newport Avenue, Suite C. BACKGROUND Location The subject property is located at the southeast corner of Newport Avenue and Walnut Street within the Central Commercial (CG) and Retail Commercial (C-1) zoning districts. The property is comprised of two parcels, one of which is zoned (C-1), fronts Newport Avenue, and occupies only a small portion of the parking lot. The majority of the property which includes the building is located within the CG zoning district. There is a public alley on the south side of the properly which runs the length of the street block. Surrounding Properties Adjacent properties along Newport Avenue to the north, west, and south of the subject property are all commercially zoned and use properties. Abutting the rear of the property are high density residential uses located within the Multiple Family Residential (R-3 2,000) zoning district. Zoning Administrator July 25, 2011 CUP 2011-12 Page 3 Conditional Use Permit Alcoholic beverage sales establishments are conditionally permitted uses within the C-1 zoning district (9232b3) subject to the provisions contained within Section 9271dd of the Tustin City Code. Section 9235c1 of the Tustin City Code allows all uses listed as conditionally permitted within the C-1 zoning district as conditionally permitted uses within the CG zoning district. DISCUSSION The proposed restaurant, Gohan Japanese Bistro, would occupy a 1,292 square foot inline tenant space which was previously occupied by a smoke shop retail business. Building permits have already been issued for the business and tenant improvements are currently under construction. The restaurant will consist of 645 square foot dining area with 346 square feet devoted to food preparation and service area. Based on occupancy for the dining area, the restaurant could accommodate 43 seats. ~~. < ~. ~r C:- `_ ,.t. ~ ~ , ry ` + ~f . ~ /t i ~ .n r, ~~~~ ' i i 7ar,TlE EKR ~I~~.,- _-« -~, J l2 - ~.«<s _ ~ ui:; r) \ IL~J_ 111 ~ ,,F J 9 E't%A::E °'"-.- ("RE ,T SVEI 1 y < ne ,* a~H - Fl E `.R (IE ~. -H F ; itf ~ -~ THE RiJ' + - -- _ ~1 VE ~ Lk ~ ::. ,rN. ~~ q-.i"~: Urn:.,..:: n-,uca m,.> Hours of Operation ~'c..EE ~-a.'..Cp sae=r~s~orl~n „". - . d° ~.~ am xE~~re, ~LL-- ivu E 1ETALL The proposed hours of operation for the business are from 10:00 a.m. to 11:00 p.m. Monday through Thursday and 10:00 a.m. to 12:00 a.m. on Friday, Saturday and Sunday which are consistent with Planning Commission's guidelines for alcoholic beverage sales hours of operation in conjunction with restaurants. Staff has proposed Condition 2.2 which would limit the hours to those currently proposed to ensure that they remain consistent with other businesses within the plaza and do not create a nuisance to surrounding residential properties. Zoning Administrator July 25, 2011 CUP 2011-12 Page 4 Parking There are a total of 48 parking stalls at the subject property. Restaurant uses require a more restrictive parking ratio than the general retail use which previously occupied the tenant space. Based on the current uses and the proposed restaurant, a total of 45 parking stalls are required for all uses at the subject property. A parking summary for the project is contained within Attachment B -Submitted Plans. Alcoholic Beverage Sales Guidelines The sale of 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 Tustin City Code Section 9271 dd. 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 90 percent of sales are estimated to be from food and 10 percent from alcohol beverages. Proposed Condition 2.4 of Zoning Administrator Action No. 11-008 requires food to be prepared on the premises and available during all hours of operation. FIN®INGS In determining whether to approve the Conditional Use Permit for the proposed on-site beer and wine sales in conjunction with a restaurant (ABC Type 41 License) located at 13842 Newport Avenue, Suite C, the Zoning Administrator must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in 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 as conditioned may be supported by the following findings: 1. The proposed sale of on-site beer Commercial (C-1) and Commercial approval of a Conditional Use Permit. and wine is allowed within the Retail General (CG) zoning districts with the 2. 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, and the Tustin City Code Section 9271 dd Zoning Administrator July 25, 2011 CUP 2011-12 Page 5 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. As conditioned, no ancillary bar use would be allowed at the subject location. 4. 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 Newport Avenue where a variety of retail, and food establishment uses are located. The characteristics of the restaurant use and hours of operation of the restaurant would be similar to other food establishments in the center and in the vicinity. 6. The proposed restaurant use complies with the parking requirements contained within the City of Tustin Parking Ordinance. 7. The Tustin Police Department has reviewed the application and has no immediate concerns. Staff recommends that that the Zoning Administrator adopt Zoning Administrator Action No. 11-008 approving Conditional Use Permit 2011-12 authorizing the on-site sale of beer and wine in conjunction with a restaurant (ABC Type 41 License) located at 13842 Newport Avenue, Suite C. ~(/l~,l'~G~ n Swiontek Associate Planner Attachments: A. Location Map B. Submitted Plans C. 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W Q C O ~ W m ~ U ~ o~ N ~ ~ I ~ ~ o w to m cn ~ ~ ~. ~ c,~ ~ ~ ~ ~ cn O r7 cn N cn ~ cn cn ~ a0 ~ rn r~ r7 C ~ o f~ N ~t r'7 r7 ~ ' cn rn - rn r ~ _ ~ i }. - ~ cn c n. w o 0 z ~ ~ ~ ~ o z m ~ ~.. ~- ~ ~ ~, ~ ~ ~ O o +~ ~ > C p ° ~' ~ (/7 ~ 7 C O O N ~ N F-~ r- ~ `1 ~ O > i- ~ t~ I I O -~ N W ~ m Z O -41v o v°i U O ~ O ~ I ` o 0 -o Z •" ~' N ~ o ' 'b ( v ~ I ~ C C ~~ i m •~ I ° O ~ O m ~ ~.~ ~' Q m U C1 J J ~ ~ ~ I ~ H H •~ cn ~ cn ~ v~ ~ cn O O cn > > > > cn Qo Qo Qo ao ~ ON ON ON ON o am am am am Q 3 3 ~ a iQ a iQ a Q I iQ ZU ZU ZU ZU ~ C ~ C ~ C C N d• • ~ 7 ~ ~ ~? ~ j '- H r- I- ~' H ~ 1- Z t Z N V ~ ~ 1 Z ATTACHMENT C ZONING ADMINISTRATOR ACTION NO. 11-008 ZONING ADMINISTRATOR ACTION 11-008 CONDITIONAL USE PERMIT 2011-12 13842 NEWPORT AVENUE, SUITE C 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 2011-12 was filed by Simon Kwon on behalf of Charles Lee of Gohan 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 a 1,292 square foot tenant space at 13842 Newport Avenue, Suite C. B. That the proposed land use is consistent with the Tustin City Code and General Plan. The site is designated as Community Commercial by the City General Plan and is located within the Retail Commercial (C-1) and Commercial General (CG) zoning districts, 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 2011-12 on July 25, 2011, by the Zoning Administrator. E. That alcoholic beverage sales establishments are conditionally permitted uses within the C-1 zoning district (9232b3) subject to the provisions contained within Section 9271dd of the Tustin City Code. Section 9235c1 of the Tustin City Code allows all uses listed as conditionally permitted within the C-1 zoning district as conditionally permitted uses within the CG zoning district. F. That the establishment, maintenance, and operation of the on-site alcoholic beverage sales in conjunction with a restaurant 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 beer and wine is allowed within the Retail Commercial (C-1) and Commercial General (CG) zoning districts with the approval of a Conditional Use Permit. 2) As conditioned, the proposed on-site consumption of beer and wine is consistent with the Alcoholic Beverage Sales Establishment Guidelines Zoning Administrator Action 11-008 CUP 2011-12 Page 2 as amended by the Planning Commission and adopted by the City Council on May 21, 2001, and the Tustin City Code Section 9271 dd 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. As conditioned, no ancillary bar use would be allowed at the subject location. 4) 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 Newport Avenue where a variety of retail, and food establishment uses are located. The characteristics of the restaurant use and hours of operation of the restaurant would be similar to other food establishments in the center and in the vicinity. 6) The proposed restaurant use complies with the parking requirements contained within the City of Tustin Parking Ordinance. 7) The Tustin Police Department has reviewed the application and has no immediate concerns. G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the Califomia Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit 2011-12 authorizing the on-site sale of alcoholic beverages in conjunction with the 1,292 square foot restaurant (ABC License Type "41 ") located at 13842 Newport Avenue, Suite C, 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 25th day of July, 2011. DANA L. OGDON ACTING ZONING ADMINISTRATOR ADRIANNE DiLEVA RECORDING SECRETARY Zoning Administrator Action 11-008 CUP 2011-12 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 11-008 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 25th day of July, 2011. ADRIANNE DiLEVA RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 11-008 CONDITIONAL USE PERMIT 2011-12 CONDITIONS OF APPROVAL 13842 NEWPORT AVENUE, SUITE C GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped July 25, 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 2011-12 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 2011-12 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 2011-12, 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 11-008 CUP 2011-12 July 25, 2011 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 2011-12, 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 41 ). (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 41 ABC License (on-site beer and wine sales) in conjunction with a bona fide 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 11-008 CUP 2011-12 July 25, 2011 Page 3 (1) 2.2 Business hours are limited to the following: Monday -Thursday: 10:00 AM to 11:00 PM Friday -Sunday: 10:00 AM to 12:00 AM Sales of alcohol shall be limited to the hours when food is available. Modifications to the hours of operation may be approved by the Planning Commission 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. Food shall be available during all hours of operation. (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 upon request. 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 upon request. 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 11-008 CUP 2011-12 July 25, 2011 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) 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 Any public telephones inside or 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, 5) 3.1 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.