HomeMy WebLinkAboutPC RES 3748 RESOLUTION NO. 3748
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, APPROVING CONDITIONAL USE PERMIT 00-022
AUTHORIZING THE ESTABLISHMENT OF A RESTAURANT WITH ON-
SITE BEER AND WINE CONSUMPTION (ABC LICENSE TYPE 41 ) AT
3 THE PROPERTY LOCATED AT 3001 EL CAMINO REAL.
The Planning Commission does hereby resolve as follows:
5
I. The Planning Commission finds and determines as follows:
6
A. That a proper application for Conditional Use Permit 00-022, was
filed by California Pizza Kitchen, requesting authorization to obtain a
s ~icense for the on-site consumption of beer and wine (ABC License
9 Type "41") in conjunction with a new restaurant located at 3001 El
Camino Real, Tustin.
10
n B. That the proposed use is allowed within the Planned Community-
Mixed Use (PC-MU) within the East Tustin Specific Plan, with the
~2 approval of a Conditional Use Permit.
~3 C. That a public hearing was duly called, noticed and held on said
~4 application on September 25, 2000 by the Planning Commission.
~5 D. That the establishment, maintenance, and operation of the use
~6 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 ~n the neighborhood of such
proposed use nor be a detriment to the property and improvements
~s in the neighborhood of the subject property, nor to the general
~9 welfare of the City of Tustin as evidenced by the following findings:
20 1 ) The proposed use, as conditioned, will not be detrimental to
21 surrounding properties or be detrimental to the health, safety,
morals, comfort and general welfare of the persons residing ~n
22 or working in the neighborhood in that the proposed project,
as conditioned, complies with adopted Planning Commission
23 guidelines for alcoholic beverage sales establishments which
24 have been established to mitigate potential impacts
associated with the sale of alcohol in conjunction with
25 restaurants.
26
2) The hours and operations of the restaurant are appropriate
27 and compatible with the surrounding uses in that other
restaurants in the vicinity are open during similar hours.
28
29 3) The proposed use, as conditioned, will not have a negative
effect on surrounding properties or be injurious or detrimental
to property or improvements in the vicinity or to the welfare of
the City in that sufficient parking can be provided as
evidenced by the parking analysis prepared for the project.
Resolution 3748
Page 2
i E. That this project is Categorically Exempt from the requirements of
2 the California Environmental Quality Act, pursuant to Section 15301
(Class 1 ).
3
F. That the project has been reviewed for consistency with the Air
4
Quality Sub-element of the City of Tustin General Plan and has been
5 determined to be consistent with the Air Quality Sub-element.
6 . The Planning Commission hereby approves Conditional Use Permit No. 00-
7 022 authorizing the on-site consumption of beer and wine (ABC License
Type "41") in conjunction with an existing restaurant located at 3001 El
s Camino Real, subject to the conditions contained within Exhibit A, attached
hereto.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a
regular meeting held on the 25'" day of September, 2000.
]2
,4 Ko K
BIRS
ETH A. ACK '
Planning Commission Secretary
20 STATE OF CALIFORNIA )
COUNTY OF ORANGE )
2~ CITY OF TUSTIN )
22
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
23 Commission Secretary of the Planning Commission of the City of Tustin,
California; that Resolution No. 3748 was duly passed and adopted at a regular
24 meeting of the Tustin Planning Commission, held on the 25~ day of September,
25 2000.
27 ELIZABETH A. BINSACK
2s Planning Commission Secretary
EXHIBIT A
RESOLUTION NO. 3748
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 00-022
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
date stamped September 25, 2000, on file with the Community
Development Department, as herein modifiect, or as modified by the
Director i~f Community Development Department in accordance with this
Exhibit.
(1) 1.2 Conditional Use Permit approval shall become null and void unless an
Alcoholic Beverage Control License Type "41" is obtained from ABC and
the sale and consumption of beer and wine commences within twelve (12)
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 pdor to
expiration.
(1) 1.3 Approval of Conditional Use Permit 00-022 is contingent upon the applicant
signing and retuming an "Agreement to Conditions Imposed" form as
established by the Director of Community Development.
(1) 1.4 Conditional Use Permit 00-022 authorizes ABC License Type "41" for the
on-site sale and consumption of beer and wine only.
(1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all
claims and liabilities arising out of a challenge of the City's approval of this
project.
USE RESTRICTIONS
(1) 2.1 No outdoor seating shall be permitted unless separate Conditional Use
Permit is approved pursuant to the current provision of the Tustin City
Code.
(1) 2.2 Alcoholic beverages may not be served or consumed outside of the
restaurant, unless a physical barrier is approved by the Community
Development Department and the Department of Alcoholic Beverage
Control prior to installation,
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
Exhibit A
Resolution 3748
September 25, 2000
Page 2
(1) 2.3 Hours of sales of beer and wine shall be limited to the hours when food is
available. Menu items shall be available in the restaurant dudng business
hours.
(1) 2.4 Hours of operation shall be limited to 11:00 a.m. to 11:00 p.m.
(1) 2.5 The menu of the restaurant shall consist of foods that are prepared on the
premises.
(1) 2.6 Authorization for the on-site sales of beer and wine (ABC License Type
"41") is contingent upon the use of the subject premises remaining a
restaurant. Should this use change or be discontinued, authorization for
this use permit is null and void
(1) 2.7 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 same area as point of sale.
(1) 2.8 "No Loitering" signs shall be posted at the entrance of the business.
(1) 2.9 No alcoholic beverages shall be consumed on any property.adjacent to the
licensed premises under the control of the applicant.
(1) 2.10 All litter shall be removed from the exterior area around the premises
including adjacent public sidewalk areas and parking areas no less
frequently than once each day that the business is open.
(1) 2.11 Public telephones inside and adjacent to the establishment shall be
modified to prevent incoming calls.
2.12 The maximum 4,700 square foot restaurant shall not be increased unless
the property owner demonstrates, through the submittal of a parking and
land use summary, or as otherwise authorized by current provisions of the
Tustin City Code, that an adequate number of on-site parking spaces are
available to accommodate additional square footage for the restaurant.
PARKING
(1) 3.1 The "Parking Required~ figures within the parking summary on page P-2.A
(Site Plan) within the Shared Parking Analysis, dated August 24, 2000
shall be modified as indicated by the bold type:
Exhibit A
Resolution 3748
September 25, 2000
Page 3
Site Plan P-2.A
Phase One Parking Required Parking Provided
Retail
Restaurant
Theater,
Car Wash/Gas
Phase Total 1951 1089
Phase Two
Retail
Restaurant
Theater
Car Wash/Gas
Phase Total 1082 1343
Phase Three (North Village)
Retail 235
Restaurant , 203
Theater 474
Car Wash/Gas
Sub-Total 912 698
Phase Three (South Village)
Retail 36
Restaurant 315
Theater
Financial
Sub-Total 352 291
Phase Three Total 1262 989
Project Total 4296 4141
Plan Total
Area Summary
North of El Camino Real 1994 2041
Area Summary
South of El Camino Real 2302 2100
(1) 3.2 Table 2 of the Shared Parking Analysis, dated August 24, 2000 shall be
modified as indicated by the bold type:
Exhibit A
Resolution 3748
September 25, 2000
Page 4
TABLE 2 ZONING CODE REQUIREMENTS - PROPOSED PROJECT
AREA LAND USE SIZE PARKING PARKING SPACES EXCESS/
RATIO REQUIRED PROVIDED (DEFICIT)
Phase One Retail 390,070 1:200 1951 1,809 -142
(w/o S. Village)
South Village Restaurant FF 12,083 1:100 121
Furniture 18,000 1:500 36
Restaurant 10,285 1:75 up to ' 194
6000 sf.
Plus 1:55
Subtotal 40,368 361 291 -60
Subtotal South of 430,438 2,302 2,100 -202
El Camino Real
Phase Two Retail 216,392 1:200 1,082 1,343 261
(w/o N. Village)
North Village Cinema 1:3 seats 474
(1,420 seats)
Retail 46,852 1:200 235
Restaurant 14,047 1:75 up to 203
6000 sf.
Plus 1:55
Subtotal 912 698 -214
Subtotal North of 1,994 2041 47
El Camino Real
TOTAL 4,296 4,141 -155
COMBINED
PROJECT
*** 3.3 If in the future the City becomes aware that a parking problem exists on the
site or in the vicinity as a result of the restaurant use, then the Director of
Community Development may require the applicant/property owner to
update the parking demand analysis. If said study indicates that there is
inadequate parking, the applicant/property owner shall be required to
provide mitigation measures to be reviewed and approved by the Planning
Commission. Said mitigation measures may include, but are not limited to,
the following:
a) Establish alternate hours of operation.
b) Restrict the maximum number of restaurant seats.
c) Secure off-site parking from adjacent property owners.
d) Establish valet parking for the restaurant,
Exhibit A
Resolution 3748
September 25, 2000
Page 5
FEES
(1) 4.1 Within forty eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development Department, a
cashier check payable to the COUNTY CLERK in the amount of $43.00
(forty three dollars) to enable the City to file the appropriate environmental
documentation for the project. If within suc, h forty eight (48) hours 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.
s:.lDcreso3748.doc