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HomeMy WebLinkAbout04 CUP 2011-13-11 AGENDA REPORT MEETING DATE: SEPTEMBER 13, 2011 TO: PLANNING COMMISSION FROM: EDMELYNNE V. NUTTER, ASSOCIATE PLANNER SUBJECT: CONDITIONAL USE PERMIT 2011-13 PROPERTY OWNER: PETER ZAPPAS EL CAMINO PLAZA 3922 EMERALD STREET TORRANCE, CA 90503 APPLICANT: ITEM # 4 CHRIS KIM BADEN BADEN RESTAURANT 23 LEUCADIA IRVINE, CA 92602 SUMMARY: The Baden Baden restaurant has submitted a request to amend Condition 2.3 of Zoning Administrator Action 06-002 by extending the approved business hours to serve alcoholic beverages at an existing restaurant located at 654 EI Camino Real. The existing approved hours are 10:00 a.m. to 12:00 a.m. (midnight) and the request is to amend the hours to 10:00 a.m. to 2:00 a.m. In accordance to the Planning Commission adopted policy, requests to extend hours for alcoholic beverage sales beyond 12:00 midnight are to be considered by the Planning Commission. Planning Commission Report September 13, 2011 CUP 2011-13 Page 2 ENVIRONMENTAL: This project is Categorically Exempt pursuant to Section 15301 (Existing Facilities) and Section 15270 (Projects which are Disapproved) of the California Environmental Quality Act (CEQA). RECOMMENDATION: That the Planning Commission adopt Resolution No. 4180, denying Conditional Use Permit 2011-13, a request to amend Condition 2.3 of Zoning Administrator Action 06- 002 to extend the approved hours for alcoholic beverage sales and business hours of an existing restaurant use at 654 EI Camino Real to 2:00 a.m. BACKGROUND: Sections 9232b3. and 9233c1. of the Tustin City Code (TCC) require approval of a Conditional .Use Permit for on-site consumption of alcoholic beverages. The subject restaurant received approval of a Conditional Use Permit for on-site consumption of alcoholic beverages in conjunction with a Korean restaurant in 2001. The Conditional Use Permit included set hours of operation: originally from 10:00 a.m. to 10:00 p.m. and later amended from 10:00 a.m. to 12:00 a.m. in 2006. The applicant wishes to extend the approved hours of operation to 2:00 a.m. In accordance to the Planning. Commission established a policy, requests to extend hours of operation for establishments involving the sales of alcoholic beverage sales past 12:00 midnight would need to be considered by the Planning Commission. Site and Surrounding The site is in the Central Commercial with Combining Parking (C-2 P) Zoning Districts and Old Town Commercial General Plan Land Use Designation. The site is located at the southwest corner of EI Camino Real and Sixth Street in the EI Camino Plaza shopping center. Surrounding uses include additional retail uses to the east with commercial and office uses to the west, retail to the north, and an office building and the Interstate 5 Freeway to the south (Attachment A -Location Map). Planning Commission Report September 13, 2011 CUP 2011-13 Page 3 DISCUSSION: According to the applicant's letter, the restaurant's current business hours are 5:30 p.m. to 12:00 a.m. daily (Attachment C). Based on a site visit, the business hours posted at the restaurant are 5:00 p.m. to 12:00 a.m. daily. The applicant is requesting to extend alcoholic beverages sales until 2:00 a.m. The applicant has provided a written statement of his request and generally, the applicant indicates that his restaurant operates more as "Korean Cafe" which typically opens until late hours. The California Department of Alcoholic Beverages Control (ABC) defines Type 47 License in which the existing restaurant is licensed for as follows: "Type 47: On Sale General -Eating Place - (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consumption on the licenses premises. Authorizes the sale of beer and wine for consumption off the licenses premises. Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises." Full service restaurants (bona fide eating place) typically do not serve food after the hours of 12:00 a.m. ABC also requires that the restaurant must make actual and substantial sales of meals for consumption on the premises. Restaurant facilities operating after midnight that is not being maintained as a full service restaurant would Planning Commission Report September 13, 2011 CUP 2011-13 Page 4 be more similar to a bar establishment. A Bar or Night Club requires Type 48 license and is subject to distance requirements to sensitive uses such as residential, parks, churches, schools, and other on-site establishments. This location does not meet the required distance separation. In response to the request, staff also conducted a survey of the surrounding businesses and found that the proposed 2:00 a.m. closing time is inconsistent with the operational hours of other businesses and restaurants within EI Camino Plaza and the surrounding area. Most restaurant businesses shown in the table below do not operate past midnight. The only use in EI Camino Plaza that remains open past midnight is Deva's, which is open until 2:00 a.m. (the cocktail lounge was established in the late 1970's prior to the City requiring Conditional Use Permit and distance separation. This is a good example of anon-conforming use); and the Honda Ya restaurant in Jamestown Plaza operates until 1:00 a.m. (the restaurant has been in existence since 1984 prior to the City requiring a Conditional Use Permit for alcoholic beverages sales; therefore, no specific hours of operation was placed). Business Name ABC License Stated Business Hours Address T e Sun. -Mon. Quinn's Old Town Grill 47 8:00 AM to 10:00 PM 405 EI Camino Real Tues. -Sat. a 8:00 AM to 11:00 PM Honda Ya 41 Mon. -Sun. 556 EI Camino Real 5:30 PM to 1:00 AM The Beach Pit BBQ 41 Mon. -Sun. 560 EI Camino Real 11:00 AM to 9:00 PM Ja onaise Bake 41 Business Closed 600 EI Camino Real Sun. -Thur. Roma D' Italia 47 11:00 AM to 9:30 PM 611 EI Camino Real Fri. -Sat. 11:00 AM to 10:30 PM Baden Baden 41 Mon. -Sun. 654 EI Camino Real 5:00 PM to 12:00 AM Mon. -Fri. Kitajima Sushi & 41 11:30 AM to 9:30 PM 658 EI Camino Real Teppan Sat. 5:00 PM to 9:30 PM Deva's 48 Mon. -Sun. 672 EI Camino Real 11:00 AM to 2:00 AM Long Hai Restaurant 41 Mon. -Sun. 682 EI Camino Real 11:00 AM to 10:00 PM Curtain Call Dinner 41 Business Closed 690 EI Camino Real Theater NOTE: List is based on ABC License database of businesses with active license. ABC License Type Description: Tvpe 41: License for selling beer and wine for on-site consumption at a bona fide public eating place. Tvpe 47.' License for selling beer, wine, and spirits for on-site consumption at a bona fide public eating place. Tvpe 48: License for selling beer, wine, and spirits for on-site consumption in public premises at which no one under 21 years of age is allowed. Planning Commission Report September 13, 2011 CUP 2011-13 Page 5 Furthermore, according to Police Department records, there have been several instances in which the Police Department has been called to this particular business. In 2010, there were three (3) calls for services related to disturbances from intoxicated individuals at the business, one of which involved an individual being arrested for assault. This year, there have been two (2) instances of Police Department involvement, one of which was for a disturbance where an individual was arrested for assault with a deadly weapon. Based upon the findings, analysis and input from the Police Department, staff recommends that the Planning Commission deny the request to extend the business hours to 2:00 a.m. FINDINGS: In determining whether to deny the Conditional Use Permit for the proposed hours of operation extension, the Planning Commission must determine whether or not the proposed use will 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. A decision to deny this request may be supported by the following findings: Typical restaurants or bona fide eating place do not open past midnight. Changing the hours of operation of a restaurant business to 2:00 a.m, would change the nature of the use to a bar or night club. Bars and/or night clubs require a different license type and .are subject to distance separation to sensitive uses in which the establishment would not be able to comply. 2. The proposed hours extension is inconsistent and not compatible with surrounding restaurants and businesses that serve alcoholic beverages. 3. The subject business has had several disturbances requiring police responses. Extending the hours past midnight may require additional police service in the area. 4. Extending the business hours past midnight would have negative impacts to the area and the general welfare of persons residing and working in the neighborhood. - ~, E ynne V. Hutter Elizabeth A. Binsack Associate Planner Community Development Director Planning Commission Report September 13, 2011 CUP 2011-13 Page 6 Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans and Written Statement D. Zoning Administrator Action 06-002 E. Planning Commission Resolution No. 4180 ATTACHMENT A LOCATION MAP LOCATION MAP ~' ;,. r ~;r l• e • s CUP 2011-13: 654 EL CAMINO REAL ATTACHMENT B LAND USE APPLICATION FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2011-13 2. LOCATION: 654 EI Camino Real 3. LOT: BLOCK: A TRACT: 541 4. APN(S): 401-631-15 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: Conditional Use Permit 01-002, Conditional Use Permit 05-046 6. SURROUNDING LAND USES: NORTH: Commercial SOUTH: Offices EAST: Commercial WEST: Commercial 7. SURROUNDING ZONING DESIGNATION: NORTH: Central Commercial and Combined Parkin g (C-2 P) SOUTH: Central Commercial and Combined Parkin g (C-2 P) EAST: Central Commercial and Combined Parking ( C-2 P) WEST: Central Commercial and Combined Parking (C-2 P) 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Old Town Commercial SOUTH: Old Town Commercial EAST: Old Town Commercial WEST: Old Town Commercial 9. SITE LAND USE: EXISTING Use: Restaurant use with on-site alcoholic beverage sales Zoning: Central Commercial General Plan: Old Town Commercial PROPOSED Extend approved business hours from _1.0:00 a. m. to 12:00 a. m. to 10:00 a. m. to 2:00 a. m. No Change No Change DEVELOPMENT FACTS: 10. LOT AREA: 191,024 S. F. 4.39 ACRES 11. BUILDING LOT COVERAGE: 100 percent MAX. PERMITTED N/A PROPOSED 12. SITE LANDSCAPING: 5 percent REQUIRED N/A PROPOSED 13. OPEN SPACE: N/A REQUIRED N/A PROPOSED 14. PARKING: 1:250 SF REQUIRED N/A PROPOSED 15. BUILDING HEIGHT: 50 feet MAX. PERMITTED N/A PROPOSED 16. BUILDING SETBACKS: REQUIRED PROPOSED FRONT: 0 feet N/A SIDE: 0 feet NIA REAR: N/A feet N/A 18. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I .E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) N/A Forms: LandU seApplicationFactSheet ATTACHMENT C SUBMITTED PLANS AND WRITTEN STATEMENT _.__.. 1 ~~i . .. { ~~', ~ , A ~~ i V ~ . ., ~ ^ ~ ~~ .. ,r yf /~' `~ { ~~ I __ u ~, l ~`~! ~ ~ ~ ~ ~ ~ ~ ~~ __._~ JUL Q 7 2011 ~OMMUNI°~Y [l~VELC?PMENT t3Y; .^_~_u__..___._.~ City of Tustin Baden Baden 654 EI Camino Real, ca 92780 This is the letter from Baden Baden Korean restaurant in Tustin. My name is Chris Kim, owner of Baden Baden. I have applied to extend my business hours from 12pm to tam and waiting to get it approved. There are three reasons why the application pleased to be processed as soon as possible. 1. Because my restaurant style is known as "Korean Cafe", but my business hour is 5:30pm to 12am. Compare to ordinary restaurant, my restaurant has disadvantage in time. In addition, 10pm to tam is speak service time for most Korean and Japanese cafe which it takes more than 50% of sales revenue. 2. Most of Korean and Japanese cafe in Irvine and Tustin open until 2 am and I have lack of time limit that brings slower my businese. 3. Lastly, our biggest competitor "Hondaya" the Japanese cafe is placed next to our shopping center (556 EI Camino Real) and they have the right to open until tam. I was hoping to get opportunity to have fair competition with Hondaya. So far, there has been serious deficit going on for over years and having financial difficulties to take care of business. Please give me a chance to build my restaurant. Thank you. Sincerely Chris kim July, 10, 2011 ATTACHMENT D ZONING ADMINISTRATOR ACTION 06-002 ZONING ADMINISTRATOR ACTION 06-002 CONDITIONAL USE PERMIT 05-046 The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 05-046 was filed by Vicky YeonJung Kim-Nam, on behalf of Kogami restaurant, requesting authorization to obtain a license for the on-site sale and consumption of general alcoholic beverages (ABC License Type "47") in conjunction with a bona fide eating place located at 654 EI Camino Real. B. That the proposed use is allowed within the Central Commercial (C2) Zoning District, with the approval of a Conditional Use Permit, and is consistent with the Old Town Commercial Land Use Designation of the City of Tustin General Plan, which provides for a variety of commercial uses. C. That a public hearing was duly called, noticed, and held on said application on February 13, 2006, by the Zoning Administrator. D. 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: a. The proposed sales of on-site alcoholic beverages is allowed within the Central Commercial (C2) Zoning District with the approval of a Conditional Use Permit b. As conditioned, the proposed on-site consumption of alcoholic beverages is consistent with the Alcoholic Beverages Sales Establishment Guidelines as amended by the Planning Commission and approved 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. As conditioned, no ancillary bar use would be able to be established at the subject location. d. The restaurant currently possesses an ABC Type 41 License (~n- Sale Beer and Wine for a Bona Fide Public Eating Place) and the proposed ABC Type 47 License (On-Sale General for a Bona Fide Public Eating Place) would be an upgrade to the existing license. Zoning Administrator Action 05-015 September 12, 2005 Page 2 e. Currently the restaurant is limited to the operational hours of 10:00 a.m. to 10:00 p.m. in accordance with Condition 3.18 of Conditional Use Permit 01-002. As conditioned, the operational hours will be extended to 12:00 a.m. These hours are consistent with other businesses within EI Camino Plaza. E. This project is Categorically Exempt pursuant to Section 15301, Class 1, Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Il. The Zoning Administrator hereby approves Conditional Use Permit No. 05-046 authorizing the on-site sale and consumption of general alcoholic beverages (ABC License Type "47") in conjunction with an existing restaurant located at 654 EI Camino Real, 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 held on the 13~' day of February 2006. 6 ELOISE HARRIS RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) DANA OGDON ACTING ZONING A MINISTRATOR I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 06-002 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 13~' ay of February, 2006. ~/J ELOISE't-I~CRRIS Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 06-002 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped February 13, 2006, 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. The Director of Community Development may also approve subsequent minor modifications to the use if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 Conditional Use Permit approval shall become null and void unless an Alcoholic Beverage Control License Type "47" is obtained from ABC and the sale and consumption of general alcoholic beverages commences within eighteen (18) 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 All conditions in this Exhibit shall be complied with prior to the establishment of alcoholic beverage sales or as specified, subject to review and approval of the Community Develapment Department. (1) 1.4 Approval of Conditional Use Permit 05-046 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 "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. Failure to comply with the conditions of approval shall be grounds for revocation of the conditional use permit. (1) 1.5 Conditional Use Permit 05-046 authorizes ABC License Type "47" for the on- site sale and consumption of alcoholic beverages in conjunction with a bona fide public eating place. SOURCE CODES (1) STANDARD CONDITION (5) (2) GEQA MITIGATION (6) (3) UNIFORM BUILDING CODE/S (7) (4) DESIGN REVIEW *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PClCC POLICY EXCEPTION Exhibit A Zoning Administrator Action 06-002 February 13, 2006 Page 2 (1) 1.6 As a condition of approval of Conditional Use Permit 05-046, 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 defense of any such action under this condition. (1) 1.7 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 The app~icant shall be responsible for costs associated with any necessary code enforcement action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. *** 1.9 The use herein permitted may be reviewed at any time by the Community Development Director from the date of this exhibit, to ensure compliance with conditions of approval and to prevent any adverse impacts to the surrounding community. The Director may recommend that the Planning Commission modify existing conditions or add new conditions to protect the public health, safety, community aesthetics, and general welfare. USE RESTRICTIONS (1) 2.1 No off-site sale or consumption of alcohol for any type of ABC license is authorized. All alcoholic beverages shall be consumed on-site, with the exception of the provisions stated in the Business and Profession Code Section 23396.5 and 23401. *** 2.2 No outdoor seating is allowed at the site unless approved in accordance with the Tustin City Code. The total number of seats approved through Conditional Use Permit 01-002 for the restaurant shall not be increased from the maximum forty (40) seats. (7) 2.3 Hours of sales of general alcoholic beverages shall be limited to the hours when food is served. Menu items shall be available in the restaurant during business hours. Permitted hours of operation are from 10:00 a.m. to 12:00 Exhibit A Zoning Administrator Action 06-002 February 13, 2006 Page 3 a.m. This is an extension of the previous hours of operation permitted through Conditional Use Permit 01-002. (1) 2.4 The menu of the restaurant shall consist of foods that are prepared on the premises. (7) 2.5 Authorization for the on-site sales of general alcoholic beverages (ABC License Type "47") is contingent upon the use of the subject premises remaining a restaurant. No ancillary. bar would be permitted to be established at the subject location. Should this use change or be discontinued, authorization for this use permit shall become null and void. (1) 2.6 The restaurant shall operate within all applicable State, County, and Tustin City Code provisions, including the City of Tustin Noise Ordinance. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or 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 by the Tustin Gity Code. (1) 2.7 "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. (1) 2.8 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. (1) 2.9 An approved live entertainment permit is required prior to establishing any dancing ~r live entertainment on the premises. (1) 2.10 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Cade. (7) 2.11 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 the same area as the point of sale. (1) 2.12 Exterior public pay telephones shall be prohibited and interior public pay phones shall be programmed 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 To verify that gross annual sales of food exceed the gross annual sales of alcoholic beverages, an audited financial statement shall be provided for Exhibit A Zoning Administrator Action 06-002 February 13, 2006 Page 4 review, and approval at the request of the Community Development Director. If the audited financial statement demonstrates that the sales of alcoholic beverages exceeds the sales of food, then the sale of alcoholic beverages shall cease immediately until it can be determined whether the use is operating as a restaurant or a club that would be subject to distance separation requirements. FEES (1) 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 forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) 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. ATTACHMENT E PLANNING COMMISSION RESOLUTION NO. 4180 RESOLUTION NO. 4180 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, DENYING CONDITIONAL USE PERMIT 2011-13, A REQUEST TO EXTEND THE APPROVED HOURS FOR ON-SITE ALCOHOLIC BEVERAGE SALES AND BUSINESS HOURS OF AN EXISTING RESTAURANT USE AT 654 EL CAMINO REAL. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 2011-13 was filed by Chris Kim, of Baden Baden restaurant, to request an extension of the approved hours for on-site alcoholic beverage sales and business hours, at an existing restaurant located at 654 EI Camino Real, from 10:00 a.m. to 12:00 a.m. to 10:00 a.m. to 2:00 a.m. B. That the Tustin City Code (TCC) Sections 9232b3. and 9233c1., require approval of Conditional Use Permits for on-site alcoholic beverage sales establishment. C. That on April 23, 2001, the Planning Commission adopted Resolution No. 3776 approving Conditional Use Permit (CUP) 01-002 to sell beer and wine (ABC Type 41 License) for on-site sale and consumption in conjunction with a restaurant use. Condition 3.18 of Resolution No. 3776 restricted the hours of operation and alcoholic beverage sales to 10:00 a.m. to 10:00 p.m. D. That on February 13, 2006, the Zoning Administrator adopted Zoning Administrator Action (ZAA) 06-002 approving CUP 05-046 and extended the hours of operation of the restaurant from 10:00 a.m. to 12:00 midnight E. That on May 10, 2011, the Planning Commission established a policy in which requests to extend hours of operation for establishments involving the sales of alcoholic beverage sales past 12:00 midnight would need to be considered by the Planning Commission. D. That the denial of a conditional use permit request to allow the extension of hours for alcoholic beverage sales and business hours at an existing restaurant to 2:00 a.m. can be supported by the following findings: Typical restaurants or bona fide eating place do not open past midnight. Changing the hours of operation of a restaurant business to 2:00 a.m. would change the nature of the use to a bar or night club. Bars and/or night clubs require different license types and Resolution No. 41580 September 13, 2011 Page 2 are subject to distance separation to sensitive uses in which the establishment would not be able to comply. 2. The proposed hours extension is inconsistent and not compatible with surrounding restaurants and businesses that serve alcoholic beverages. 3. The subject business has had several disturbances requiring police responses. Extending the hours past midnight may require additional police service in the area. 4. Extending the business hours past midnight would have negative impacts to the area and the general welfare of persons residing and working in the neighborhood. D. That this project is exempt pursuant to Sections 15301 and 15270 of the California Environmental Quality Act. II. The Planning Commission hereby denies Conditional Use Permit 2011-13 to extend of the hours for alcoholic beverage sales and business hours for an existing restaurant located at 654 EI Camino Real to 2:00 a.m. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 13th day of September, 2011. JEFF THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) Resolution No. 41580 September 13, 2011 Page 3 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. 4180 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of September, 2011. ELIZABETH A. BINSACK Planning Commission Secretary