Loading...
HomeMy WebLinkAboutCUP 2013-12 ABC LicenseP41M6- � AGENDA REPORT ,6& MEETING DATE: NOVEMBER 4, 2013 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2013 -12 APPLICANT: PROPERTY OWNER: ALICIA REYNOSO ROMA JUNG TRUST EL HABANERO MEXICAN FOOD 2705 CARDINAL DRIVE 17292 McFADDEN AVE., SUITE D COSTA MESA, CA 92626 TUSTIN, CA 92780 LOCATION: 17292 McFADDEN AVE., SUITE D GENERAL PLAN: COMMUNITY COMMERCIAL ZONING: RETAIL COMMERCIAL (Cl) 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 (ABC LICENSE TYPE 41) IN CONJUNCTION WITH A RESTAURANT LOCATED AT 17292 McFADDEN AVE., SUITE D. Zoning Administrator November 4, 2013 CUP 2013 -12 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action No. 13 -012 approving Conditional Use Permit 2013 -12 to establish and operate an on -site alcoholic beverage sales in conjunction with a restaurant within an existing 1,160 square -foot tenant space located at 17292 McFadden Ave., Suite D. APPROVAL AUTHORITY The project site is located within the Retail Commercial (C1) zoning district. Pursuant to Tustin City Code Section 9232b2, the C1 zoning district permits on -site alcoholic beverage sales in conjunction with a restaurant subject to the approval of a Conditional Use Permit (CUP). Tustin City Code Section 9299b(3)(g) authorizes the Zoning Administrator to review applications for minor conditional use permits for on -site alcoholic beverage sales in conjunction with a restaurant use. BACKGROUND Location The project site is located within an existing 14,600 square -foot strip mall shopping center, known as Tustin Walnut Village, and bounded by McFadden Avenue to the north, Walnut Avenue to the south and west, and another small shopping center to the east. The El Habanero Mexican Food restaurant is located in Suite D of the shopping center, which has approximately ten (10) tenant spaces of similar square footage. Other business in the center include a small market/convenience store, restaurants, and a dental office. Zoning Administrator November 4, 2013 CUP 2013 -12 Page 3 Surrounding Properties The property to the east of the project site is a similar strip mall commercial development. These two shopping centers comprise the triangle shaped area bounded by McFadden Avenue, Newport Avenue and Walnut Avenue and serve the surrounding neighborhoods. The areas north of the project site have commercial and residential uses. The property to the west across Walnut Avenue is a residential apartment complex and to the south across Walnut Avenue is a new day care center. PROJECT DESCRIPTION: The applicant is requesting authorization for on -site alcoholic beverage sales for beer and wine (ABC License Type "41 ") in conjunction with a restaurant, El Habanero Mexican Food, located in an approximately 1,160 square -foot tenant space. No changes or expansion to the floor plan are proposed. The sale of beer and wine 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 applicable zoning code regulations. 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 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 85 percent of sales are estimated to be from food and 15 percent from beer and wine. The restaurant's proposed hours of operation are 9:00 AM to 9:00 PM, Monday through Thursday and 9:00 AM to 10:00 PM, Friday through Sunday. Zoning Administrator Action 13 -012 contains conditions that are consistent with the City's Alcoholic Beverage Sales Establishment Guidelines for on -site sale and consumption of beer and wine in conjunction with a restaurant. Parking The project site is an existing restaurant and no improvements or expansion to the tenant space is proposed and therefore no additional parking will be required. Zoning Administrator November 4, 2013 CUP 2013 -12 Page 4 FINDINGS: In determining whether to approve the Conditional Use Permit for the on -site alcoholic beverage sales, the Zoning Administrator 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 approve this request may be supported by the following findings: 1) The proposed sale of on -site alcoholic beverages in conjunction with an existing restaurant use is allowed within the Retail Commercial (Cl) zoning district with the approval of a Conditional Use Permit (Tustin City Code Section 9232b2). 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. 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 bona fide 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 existing restaurant use is located within a retail center where a variety of retail, office, and restaurant uses are located. The hours of operation are proposed to be limited to 9:00 a.m. to 9:00 p.m., Monday through Thursday and 9:00 a.m. to 10:00 p.m. Friday 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 proposed sale of alcoholic beverages is to be located within an existing restaurant use. There is no increase in seating or square footage proposed, therefore no additional parking spaces need to be provided. 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. 13 -012 approving Conditional Use Permit 2013 -12 to sell alcoholic beverages in Zoning Administrator November 4, 2013 CUP 2013 -12 Page 5 conjunction with an existing 1,160 square -foot restaurant located at 17292 McFadden Ave., Suite D. Edmelynne V. Hutter Senior Planner Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. ZAA 13 -012 ATTACHMENT A LOCATION MAP LOCATION MAP CUP 2013-12:17292 McFadden Ave. MCFADDEN AVE y` i F r ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2013 -12 2. LOCATION: 17292 McFadden Ave.. Suite D 3. LOT: _ BLOCK: 1 TRACT: 755.14 4. APN(S): 402 - 152 -05 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: CUP 91 -023, CUP 97 -024, CUP 00 -017 6. SURROUNDING LAND USES: NORTH: Commercial SOUTH: Commercial, Residential EAST: Commercial WEST: Residential 7. SURROUNDING ZONING DESIGNATION: NORTH: Commercial General (CG) and Planned Development (PD) SOUTH: Multiple Family Residential (R3) and Retail Commercial (Cl) EAST: Retail Commercial (Cl) WEST: Multiple Family Residential (R3) B. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Community Commercial SOUTH: Community Commercial and High Density Residential EAST: Community Commercial WEST: High Density Residential 9. SITE LAND USE: EXISTING PROPOSED Use: Commercial Center No Change Zoning: Retail Commercial No Change General Plan: Community Commercial No Change DEVELOPMENT FACTS: 10. LOT AREA: 14,600 S.F. or 0.34 ACRES 11. BUILDING LOT COVERAGE: 100% MAX. PERMITTED 12. SITE LANDSCAPING: 13. OPEN SPACE: 14. PARKING: 15. BUILDING HEIGHT: 16. BUILDING SETBACKS: N/A REQUIRED N/A REQUIRED 1:250 SF REQUIRED 35 feet MAX. PERMITTED REQUIRED PROPOSED N/A PROPOSED N/A PROPOSED N/A PROPOSED N/A PROPOSED N/A PROPOSED FRONT: 15 feet N/A SIDE: 10 feet N/A REAR: 0 feet N/A 16. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) N/A Forms: LandUseApplicationFactSheel ATTACHMENT C SUBMITTED PLANS Department of Alcoholic Beverage Control stale of California SUPPLEMENTAL DIAGRAM Edmund G. Brown Jr., Governor Instructions to Applicant: Draw a sketch of the area on which the licensed premises is or will be located Show adjacent structures and nearest cross streets. !'this is an event for a daily license, catering authorization or miscellaneous use, sholy the area where sales and consumption ofalcoholic beverages will occur. Port a col�v of this diagrarn with Daily License, CateringAnthorLation or Event Authorization where the event is held. Sales and consumption ofalcoholic beverages must be confined to the area designated in the diagram and supervised to prevent violations ofthe Alcoholic Beverage Control Act. 7. APPLICANT NAME (Leal, drat middle) 2. LICENSE TYPE REYNOSO, ALICIA 41 3. PREMISESADDRESS (Sbeet WMbwandnama,dly,rlpeods) 0. NEAREST CROSS STREET 17292 MCFADDEN AVENUE, TUSTIN CA. 92780 MCFADDEN & WALNUT DIAGRAM III . FT Ml o NN � `. I UVA" iA. , L�(fi Pilch 1' 1 have read the above instructions and I declare under penalty of perjury that the above diagram is true and correct. _ FOR ABC USE ONLY CERTIFIEDCORRECT (91palura) PRINTED NAME IINSPECTION DATE ABC -253 (rev. 01 -11) -- �. � — Doo r i �.. ATTACHMENT D ZONING ADMINISTRATOR ACTION 13 -012 ZONING ADMINISTRATOR ACTION 13 -012 CONDITIONAL USE PERMIT 2013 -12 14292 McFADDEN AVENUE, SUITE D 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 2013 -12 was filed by Alicia Reynoso of El Habanero 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 1,160 square foot tenant space at 17292 McFadden Avenue, Suite D. 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 (Cl) 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 Tustin City Code (TCC) Section 9299b(3)(g) 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 2013 -12 on November 4, 2013, by the Zoning Administrator. E. That alcoholic beverage sales establishments are conditionally permitted uses within the C1 zoning district (TCC Section 9232b2) subject to the provisions contained within TCC Section 9271 dd of the Tustin City Code. 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 alcoholic beverages in conjunction with an existing restaurant use is allowed within the Retail Commercial (Cl) zoning district with the approval of a Conditional Use Permit (Tustin City Code Section 9232b2). 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 9271dd. Zoning Administrator Action 13 -012 CUP 2013 -12 Page 2 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 bona fide 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 existing restaurant use is located within a retail center where a variety of retail, office, and restaurant uses are located. The hours of operation are proposed to be limited to 9:00 a.m. to 9:00 p.m., Monday through Thursday and 9:00 a.m. to 10:00 p.m. Friday 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 proposed sale of alcoholic beverages is to be located within an existing restaurant use. There is no increase in seating or square footage proposed, therefore no additional parking spaces need to be provided. 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 California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit 2013 -12 authorizing the on -site sale of alcoholic beverages in conjunction with the 1,160 square foot restaurant (ABC License Type "41 ") located at 17292 McFadden Avenue, Suite D, 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 4th day of November, 2013. ELIZABETH A. BINSACK ZONING ADMINISTRATOR ADRIANNE DILEVA- JOHNSON RECORDING SECRETARY Zoning Administrator Action 13 -012 CUP 2013 -12 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Adrianne DiLeva- Johnson, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 13 -012 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 4th day of November, 2013. ADRIANNE DILEVA- JOHNSON RECORDING SECRETARY GENERAL EXHIBIT A ZONING ADMINISTRATOR ACTION 13 -012 CONDITIONAL USE PERMIT 2013 -12 CONDITIONS OF APPROVAL 17292 McFADDEN AVENUE, SUITE D The proposed project shall substantially conform with the submitted plans for the project date stamped November 4, 2013, 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 2013 -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 2013 -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 2013 -12, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall 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 13 -012 CUP 2013 -12 November 4, 2013 Page 2 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 2013 -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 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 ABC License shall be reviewed and approved by the Community Development Director. (1) 2.2 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). A copy shall be provided to the City prior to operating the alcoholic sales. (1) 2.3 Business hours are limited to the following: Monday — Thursday 9:00 AM to 9:00 PM Friday— Sunday 9:00 AM to 10:00 PM Sales of alcoholic beverages 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. Zoning Administrator Action 13 -012 CUP 2013 -12 November 4, 2013 Page 3 (1) 2.4 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) 2.5 The menu of the restaurant shall consist of foods that are prepared on the premises. (1) 2.6 Any cocktail lounge or bar area within the restaurant shall function as a food and beverage service bar. (1) 2.7 Any live entertainment provided at the project site shall comply with TCC Section 3231 et seq. regarding Live Entertainment. (1) 2.6 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) 2.9 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) 2.10 "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) 2.11 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) 2.12 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (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. Zoning Administrator Action 13 -012 CUP 2013 -12 November 4, 2013 Page 4 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.