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HomeMy WebLinkAboutZA AGENDA REPORT CUP 2015-19 WAYBURGERSAGENDA tITEM #1 ossl MEETING DATE: SEPTEMBER 15, 2015 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2015-19 APPLICANT: PROPERTY OWNER: OSAMEDE UWENSUYI-EDOSOMWAN JOHN MINAR 420 CERRITOS AVENUE TUSTIN GATEWAY, L.P. LONG BEACH, CA 90802 2082 MICHELSON DRIVE, #212-B IRVINE, CA 92612 LOCATION: 1631 EDINGER AVENUE, SUITE 108 GENERAL PLAN: INDUSTRIAL ZONING: INDUSTRIAL (M) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO SELL ALCOHOLIC BEVERAGES (ABC TYPE 41 LICENSE) FOR THE ON-SITE CONSUMPTION OF BEER AND WINE IN CONJUNCTION WITH A 1,432 SQUARE FOOT RESTAURANT. Zoning Administrator September 15, 2015 CUP 2015-19 Page 2 RECOMMENDATION: That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 15-009 approving Conditional Use Permit (CUP) 2015-19 to authorize an ABC Type 41 License for the sale of alcoholic beverages (beer and wine) for on-site consumption in conjunction with a 1,432 square foot restaurant (Wayback Burgers) located at 1631 Edinger Avenue, Suite 108. APPROVAL AUTHORITY: The project site is located within the Industrial (M) zoning district and has a General Plan land use designation of Industrial. Pursuant to Tustin City Code (TCC) Sections 9242b and 9241 b1, alcoholic beverage sales establishments are conditionally permitted in the Industrial District. Pursuant to Section 9299b(3)(g) of the TCC, the Zoning Administrator has the authority to review and approve on-site alcoholic beverage sales licenses for restaurants. BACKGROUND: Location The Wayback Burger tenant space is located within the Gateway Village shopping center, at the corner of Red Hill Avenue and Edinger Avenue (Attachment A — Location Map). The commercial center is zoned as Industrial (M). Immediately to the southeast of the commercial center is a self -storage facility which is located on the same property. The Tustin Meadows Planned Community Residential zoning district located to the east of the project site across the OCTA/SCRRA railway right-of-way. In addition, there is an industrial business complex located across Edinger Avenue from Gateway Village. There is a restaurant to the north and an industrial business complex to the west across Edinger Avenue. y �y Tenant Space ' e 6 ' � r d • a Zoning Administrator September 15, 2015 CUP 2015-19 Page 3 History On May 12, 2003, the Planning Commission adopted Resolution No. 3872 approving Design Review 02-026 and Conditional Use Permit 02-032 for the 22,208 square foot Gateway Village commercial shopping center and a 75,491 square foot self -storage facility. The commercial center is comprised of three (3) buildings, each with multiple tenants. The subject tenant space, Suite 108, is located in the two-story building which abuts the railway right-of-way. Suite 108 was previously occupied by a Quizno's restaurant since the building was originally constructed. The new restaurant tenant would operate in a similar manner as the prior tenant with minimal tenant improvements being proposed. Parking and Hours of Operation No impacts to parking are anticipated as the Wayback Burgers restaurant use would be replacing a prior restaurant use. When originally developed, parking for the Gateway Village shopping center was based on the old City of Tustin Parking Ordinance which placed limitations on the amount of seating for restaurants. The current City Parking Ordinance no longer places such restrictions on the amount of restaurant seating. The seating area of the Wayback Burgers would be predominantly the same size as the former Quizno's. The proposed hours of operation are from 11:00 am to 10:00 pm daily which are consistent with other uses in the center and commercial uses in general. All activities would occur within the building as there is no outdoor dining area existing or proposed for the project. The Tustin Police Department has reviewed the application and does not have any concerns. 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 Alcoholic Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001, and TCC 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 85 percent of sales are estimated to be from food and 15 percent from alcoholic beverages. Proposed Condition 2.4 of ZAA No. 15-009 requires food to be prepared on the premises and available during all hours of operation. Zoning Administrator September 15, 2015 CUP 2015-19 Page 4 FINDINGS: In determining whether to approve the CUP to authorize an ABC Type 41 License for the sale of alcoholic beverages (beer and wine) for on-site consumption in conjunction with a 1,432 square foot restaurant, 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 beer and wine for on-site consumption in conjunction with a restaurant is allowed within the Industrial (M) zoning district 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 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. 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 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 is replacing an existing restaurant use with approximately the same size dining area; therefore, no parking impacts are anticipated. 7. The Tustin Police Department has reviewed the application and has no immediate concerns. Zoning Administrator September 15, 2015 CUP 2015-19 Page 5 Staff recommends that the Zoning Administrator adopt Zoning Administrator Action No. 15-009 approving CUP 2015-19 to authorize an ABC Type 41 License for the sale of alcoholic beverages (beer and wine) for on-site consumption in conjunction with a 1,432 square foot restaurant (Wayback Burgers) located at 1631 Edinger Avenue, Suite 108. Ryan Swiontek Senior Planner Attachments: A. Location Map B. Submitted Plans C. 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The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 2015-19 was filed by Osamede Uwensuyi-Edosomwan, 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 1,432 square foot tenant space at 1631 Edinger Avenue, Suite 108. B. That the proposed land use is consistent with the Tustin City Code and General Plan. The site is designated as Industrial by the both the City General Plan Land Use Map and City Zoning Map, where 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 on May 12, 2003, the Planning Commission adopted Resolution No. 3872 approving Design Review 02-032 and Conditional Use Permit 02-026 for the 22,208 square foot Gateway Village commercial shopping center and a 75,491 square foot self -storage facility. D. That alcoholic beverage sales establishments are conditionally permitted uses within the Planned Industrial (PM) zoning district (9241 b1) subject to the provisions contained within Section 9271dd of the Tustin City Code. Section 9242b1 of the Tustin City Code allows all uses listed as conditionally permitted within the PM zoning district as conditionally permitted uses within the Industrial (M) zoning district. E. That pursuant to 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. F. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2015-19 on September 15, 2015, by the Zoning Administrator. G. 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: Zoning Administrator Action 15-009 CUP 2015-19 Page 2 1) The proposed sale of beer and wine for on-site consumption in conjunction with a restaurant is allowed within the Industrial (M) zoning district 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 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) 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 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 is replacing an existing restaurant use with approximately the same size dining area; therefore, no parking impacts are anticipated. 7) The Tustin Police Department has reviewed the application and has no immediate concerns. H. 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 2015-19 authorizing an ABC Type 41 License for the sale of alcoholic beverages (beer and wine) for on-site consumption in conjunction with a 1,432 square foot restaurant (Wayback Burgers) located at 1631 Edinger Avenue, Suite 108, subject to the conditions contained within Exhibit A, attached hereto. Zoning Administrator Action 15-009 CUP 2015-19 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 15th day of September, 2015. ELIZABETH A. BINSACK ZONING ADMINISTRATOR VERA TISCARENO RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, VERA TISCARENO, 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. 15-009 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 15th day of September, 2015. VERA TISCARENO RECORDING SECRETARY GENERAL EXHIBIT A ZONING ADMINISTRATOR ACTION 15-009 CONDITIONAL USE PERMIT 2015-19 CONDITIONS OF APPROVAL 1631 EDINGER AVENUE, SUITE 108 The proposed project shall substantially conform with the submitted plans for the project date stamped September 15, 2015, 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 2015-19 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 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. 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 15-009 CUP 2015-19 September 15, 2015 Page 2 (1) 1.7 As a condition of approval of Conditional Use Permit 2015-19, 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 Conditional Use Permit 2015-19 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 2015-19, or is found to be a 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) 1.9 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 15-009 CUP 2015-19 September 15, 2015 Page 3 (1) 2.2 Business hours are limited to the following: 11:00 AM to 10:00 PM DAILY Sales of alcohol 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. (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 15-009 CUP 2015-19 September 15, 2015 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 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) 2.12 All on-site signs, including permanent and temporary signs/banners, shall comply with the Master Sign Plan for the Gateway Village shopping center and the City of Tustin Sign 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.