HomeMy WebLinkAboutPH 2 CUP 91-20 APPEAL 11-18-91NOVEMBER -18, 1991
TO: WILLIAM A. HUSTON, CITY MANAGER
F1 -10r: COMMUNITY DEVELOPMENT DEPARTMENT
APPEAL OF CONDITIONAL USE PERMIT 91-20
RECOMMENDATION
PUBLIC HEARING N0. 2
11-18-91
It is recommended that the City ;Council uphold the Planning
Commission's approval of Conditional Use Permit 91-20, authorizing
the on-site sale, of beer and wine for consumption on premises only,
by adopting Resolution No. 91-146 as submitted or revised.
BACKGROUND
On October 14, 1991, the Planning Commission adopted Resolution No.
2961, approving Conditional Use Permit 91-20, which authorized the
on-site sale of beer and wine for consumption on the premises (ABC
License Type 114111) in conjunction with a restaurant use at 13112
Newport Avenue, #D. On October 21, 11991, the Community Development
Department received an appeal request of the Planning Commission's
approval of CUP 91-20 from a nearby resident.
The applicant is proposing to establish the on-site sale of beer
and wine (ABC License Type 114111) for consumption on the subject
premises in conjunction with a 1, 015 -square foot restaurant located
at 13112 Newport Avenue #D. The restaurant is situated within the
Packers Square Shopping Center locoted near the intersection of
Newport Avenue and Irvine Boulevard On the south side. The subject
tenant space is bounded by retail uses on the east and west sides,
another shopping center to the north and parking for Packers Square
to the south.
The Packers Square Shopping Center lovas developed for retail uses
and has a Planned Community - Commercial (PC -C) designation.
Alcoholic beverage sales establishments are permitted in all of the
commercial districts in the Tustin City Code, subject to the
conditions of a Conditional Use Permit.
A public hearing notice identifying the time, date and location of
the public hearing on this project was published in the Tustin
News. Property owners within 300 feet of the site were notified of
the hearing by mail and notices were posted on the site and at the
Police Department. The applicant was informed of the availability
of the agenda and staff report for this item.
City Council Report
Conditional Use Permit 91-20
November 18, 1991
Page 2
DISCUSSION
This proposal is to establish thO, sale of beer and wine in
conjunction with a restaurant within a 1,015 -square foot tenant
space. The restaurant will have a'maximum number of twenty-one
(21) seats as determined by the ten4int spaces' allotted number of
parking spaces within the shopping center. All on-site sale of
beer and wine is proposed for consumption on the premises within
the existing seating area provided.
Staff has reviewed the proposed use for conformance with the City's
Alcoholic Beverage Sales EstablishmOnt Guidelines and Tustin City
Code and has analyzed the issues as presented in the following
discussion:
1. Location: The Zoning Code maintains a criteria for off-
site sales of alcoholic "beverages, requiring minimum
distances from residential, educational, religious and
other off-site sales es ablishments. Although the
establishment does not fall within any of these minimum
distances requirements, the applicant has indicated that
he is not intending to provide take-out beverages such as
beer and wine. In addition, the Alcoholic Beverage Sales
Establishments Guidelines states that all alcoholic
beverages shall be consumeod on site when sold in on-site
alcoholic -beverage sales establishments. Consequently,
a condition of approval hao been included to prohibit the
sale of beer and wine for '!consumption off premises.
2. Hours of Operation: The restaurant is open for business
between the hours of 11:30 a.m. to 2:00 p.m. and 6:00
p.m. to 10:00 p.m. daily . 'Food prepared at the site will
be available during the hours of operation. Staff has
determined that these hours are compatible with the
surrounding uses as the subject restaurant is part of a
commercial shopping centerwith other restaurants nearby.
The citizen who appealed the Planning Commission's decision, feels
that there are enough establishments with ABC licenses in the area,
with Faraday's Grill and the Tustin Farmer's Market. His letter
has been attached as Attachment A. Although there is a Code
requirement for minimum distances for off-site beverage sales
establishments, there is no Code requirement for minimum distances
for on -site -only alcoholic beverage sales establishments. Staff
has reviewed this matter again with Officer Velko of the Tustin
Police Department who indicates that there have been no problems in
the vicinity that can be directly linked to restaurants that serve
City Council Report
Conditional Use Permit 91-20
November 18, 1991
Page 3
alcohol. Furthermore, discussions with the ABC investigator for
the restaurant by staff reveal that this tenant space has been
licensed by ABC to serve alcohol before and there have been no
problems recorded by ABC.
CONCLUSION
Staff has reviewed the subject application for conformance with the
Zoning Code and the Alcoholic 'Beverage Sales Establishment
Guidelines and finds that the project conforms with.both. Staff,
therefore, recommends that the City Council uphold the Planning
Commission's approval of Conditional Use Permit 91-20 by adopting
Resolution No. 91-146 subject to the conditions contained within}
Exhibit A.
ecky Stone
Assistant Planner
CAS: BCS: rm\cup91-20. bcs
,Christine A. Shing ton
Assistant City Man ger
Community Development
Attachments: Site Plan
Resolution No. 91-146
Letter from concerned resident
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RESOLUTION NO. 91-146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, UPHOLDINGTHE PLANNING COMMISSION'S
APPROVAL OF CONDITIONAL USE PERMIT 91-20,
AUTHORIZING ON-SITE SALES AND CONSUMPTION OF
BEER AND WINE ONLY (TYPE 41 ABC LICENSE) IN
CONJUNCTION WITH A RESTAURANT USE AT 13112
NEWPORT AVENUE #D, TOSTIN
The City Council of the City of Tustin does hereby
resolve as follows:
I. The City Council finds and determines as follows:
A. A proper application, Conditional Use Permit
91-20 has been filed on behalf of Fumio Ogura
requesting authorization for on-site sales and
consumption of Beer and Wine (Type 41 ABC
License) in con unction with a restaurant use
located at 1311 Newport Avenue #D, Tustin.
B. A public hearing was duly called, noticed and
held for said application on November 18,
1991.
C. The subject promise is located in a Planned
Community Commercial (PC -C) District. The use
applied for isia conditionally permitted use
in all of the Commercial Districts within the
Tustin City Codle.
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 wo)rking in the neighborhood of
such proposed Ose nor be a detriment to the
property and improvements in the neighborhood
of the subject property, nor to the general
welfare of the 0-ity of Tustin as evidenced by
the following findings:
1. The proposled project has complied with
adopted guidelines for alcoholic beverage
sales est#blishments which have been
established and considered to mitigate
potential "impacts associated with the
sale of alcohol.
2. The sale of beer and wine will be for on-
site consumption only. Beer and wine
shall be consumed within the restaurant
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Resolution No. 91-146
Page 2
premises. No outdoor seating shall be
provided.
3. The sale, of alcohol will only be
authorized in conjunction with a
restaurantuse. Hours of sales of beer
and wine will be limited to 11:30 a.m. to
2:00 p.m. and 6:00 p.m. to 10:00 p.m.
daily when food is available. Food
provided will be prepared on the
premises.
4. No billiard tables, coin operated games,
dancing or entertainment is proposed on
the restaurant premises.
5. All persons serving beer and wine will be
eighteen (118) years of age or older and
supervised; by someone twenty-one (21)
years of 4ge or older. The supervisor
will be prOsent in the same area as point
of sale.
E. This project isCategorically Exempt from the
requirements of the California Environmental
Quality Act, pursuant to section 15303 (Class
3) .
II. The City Council hereby upholds the Planning
Commission's approval of Conditional Use Permit 91-
20 authorizing on-site sales of beer and wine only
(Type 41 ABC License) in conjunction with a
restaurant use located at 13112 Newport Avenue #D,
subject to the conditions contained within Exhibit
A attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin
City Council held on the ;18th day of November, 1991.
Mary E. Wynn, City Clerk
Charles E. Puckett, Mayor
EXHIBIT; A
RESOLUTION NO. 91-146
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 91-20
GENERAL
(1) 1.1 The proposed project shoill substantially conform to
submitted plans date stamped November 18, 1991 on file
with the Community Development Department.
(1) 1.2 Conditional Use Permit approval shall become null and
void unless an alcoholic beverage license is obtained
from ABC and the sale of beer and wine commences within
12 months of the date of this exhibit. Time extensions
may be granted by the Planning Commission if a written
request is received by the Community Development
Department within thirty (30) days prior to expiration.
(1) 1.3 Approval of Use Permit 191-20 is contingent upon the
applicant signing and returning an "Agreement to
Conditions Imposed" form as established by the Director
of Community Development.
USE RESTRICTIONS
(3 ) 2.1 No off-site alcohol sales' for any type of ABC license is
authorized.
(2) 2.2 Hours of sales of beer and wine shall be limited to the
hours when food is available (11:30 a.m. to 2:00 p.m. and
6:00 p.m. to 10:00 p.m. djaily).
(2) 2.3 The menu of the restaurant shall consist of foods that
are prepared on the premises.
(2) 2.4 Beer and wine shall be consumed within the restaurant
premises. No outdoor sleating is authorized at this
location.
(2) 2.5 There shall be no pool tables or coin operated games on
the premises at any time.
(2) 2.6 Authorization for on-site sale of beer and wine is
contingent upon the use of the subject premises remaining
SOURCE CODES
- (1) STANDARD CONDITIONS
(2) PLANNING COMMISSION POLICY
(3) MUNICIPAL CODE
Exhibit A - Conditions of Approval
Conditional Use Permit 91-20
Page 2
a restaurant. At such time the restaurant use is
discontinued the Conditional Use Permit shall become null
and void.
(2) 2.7 All persons serving alcoholic beverages shall be 18 years
of age or older and shall be supervised by someone 21
years of age or older. Aisupervisor shall be present in
same area as point of sale.
(2) 2.8 "No Loitering" signs shall be posted at the entrance of
the business or other specified location(s).
(3) 2.9 The maximum allowed se4ting upon the premises is
restricted to 21 seats.
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