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HomeMy WebLinkAboutZAA 16-006 ZONING ADMINISTRATOR ACTION 16-006 CONDITIONAL USE,PERMIT 2016-013 15761 Tustin Village Way, Suite 104 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 .2016-06 was filed by Fernando Valencia, 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 2,000 square foot tenant space at 15761 Tustin Village Way, Suite 104. B. That the proposed use is consistent with the Tustin General Plan in that the property is designated as "Community Commercial" which provides for the establishment of commercial uses. In addition, the project has been reviewed for consistency with the Air Quality Sub-Element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-Element. C. That alcoholic beverage sales establishments are conditionally permitted uses within the Retail Commercial (C1) zoning district (9232b2) subject to the provisions contained within Section 9271(dd) of the Tustin City Code. D. 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. E. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2016-13 on August 19, 2016, by the Zoning Administrator. 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 beer and wine for on-site consumption in conjunction with a restaurant is allowed within the Retail Commercial (C-1) zoning district with the approval of a Conditional Use Permit. 2) The proposed sale of beer and wine for on-site consumption in conjunction with a restaurant is allowed within the Retail Commercial (C-1) zoning district with the approval of a Conditional Use Permit. 3) As conditioned, the proposed on-site consumption of beer and wine is consistent with the Alcoholic Beverage Sales Establishment Guidelines as Zoning Administrator Action 16-006 CUP 2015-19 Page 2 amended by the Planning Commission and adopted by the City Council on May 21, 2001, and the Tustin City Code Section 9271 d 4), 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. 5) Sona fide restaurants with on-site alcolhollic beverage sales are exempt from distance separation requirements to residential, uses, sensitive uses, and other alcoholic beverage sales establishments. 6) The restaurant use is located within a retail center where a variety of retail, office and food establishment uses will be located. The characteristics of the restaurant use and hours of operation of the restaurant would be similar to other food establishments in the vicinity. 7) The proposed restaurant has been considered in the design of the center and is included in its parking ratio therefore, no parking impacts are anticipated. 8) The Tustin Police Department has reviewed the application and has no immediate concerns, G. This project is Categorically Exempt pursuant to Section 1:5301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act), 111. The Zoning Administrator hereby approves Conditional Use, Permit 2016-13 authorizing an ABC Type 41 License for the sale of alcoholic beverages (beer and wine) for oini-site consumption in conjunction with, a 2,000 square foot restaurant (Mariscos Valencia Restaurant) located at 15761 Tustin Village Way, Suite 104, 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 19th day of August, 2016. ELIZABETH A. BINSACK ZONING ADMINISTRATOR \20N� 'VE W*t'AsdA'ft)Nb RECORDING SECRETARY Zoning Administrator Action 16-006 CUP, 2015-19 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, 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. 16-006 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on, the 1:gthday of August, 2016, RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 16-006 CONDITIONAL USE PERMIT 2016-13 CONDITIONS OF APPROVAL 15761 Tustin Village Way, Suite 104 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 19, 2016, 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 2016-013 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 2016-013 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 2016-013, or is found to be a SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Zoning Administrator Action 16-005 CUP 2016-13 August 19, 2016 Page 2 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) 1.7 As a condition of approval of Conditional Use Permit 2016-013, 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 Time 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 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 in 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) 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. Zoning Administrator Action 16-005 CUP 2016-13 August 19, 2016 Page 3 (1) 2.2 All business activities related to the restaurant shall be conducted entirely within the subject building. Outdoor dining is specifically prohibited unless approval is obtained by the Director of Community Development. (1) 2.3 Business hours are limited to the following: 7:00 AM to 11:00 PM MONDAY-THURSDAY 7:00 AM to 12:00 AM FRIDAY -SUNDAY 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) 2.4 Restaurant seating shall be limited to 49. Should applicant desire additional seating in the future, applicant shall first obtain' approval from the Director of Community Development and plans shall be submitted to the Community Development Department reflecting compliance with the California Building Code as amended by the City of Tustin for A-2 occupancy. (1) 2.5 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) 2.6 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) 2.7 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 restaurant shall operate within all applicable federal, 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 in the Tustin City Code. (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 Zoning Administrator Action 16-005 CUP 2016-13 August 19, 2016 Page 4 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 No outdoor storage shall-be permitted except as approved by the Director of Community Development. (1) 2.92 All activities shall comply with the City's Noise Ordinance. (1) 2.13 Prior to the issuance of building permits, the property owner of the Tustin Village Center shall restore the center's landscape areas to a thriving condition to the satisfaction of the Director of Community Development. (1) 2.14 The property shall be maintained free of the accumulation of trash and debris. (1) 2.15 All landscaping shall be maintained in a healthy manner, free of dead, decayed, overgrown or discarded plant material. (1) 2.16 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) 2.17 All on-site signs, including permanent.and temporary signs/banners, shall comply with the Tustin Village Plaza Sign Program. (1) 2.18 lighting shall be provided to illuminate the dining area as required by the Tustin Security Code. (1) 2.19 No live entertainment shall be permitted without first having obtained approval .by the Director of Community Development and a live entertainment permit pursuant to Tustin City Code Section 3231. FEES (1, S) 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. Zoning Administrator Action 16-005 CUP 2016-13 August 19, 2016 Page.5 PLAN SUBMITTAL s (1) 4.1 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, state and federal laws, and regulations as adopted by the Tustin City Council. (1) 4.2 Prior to issuance of building permit, Orange County Fire Authority approval may be required. (1) 4.3 Prior to issuance of building permit, Orange County Environmental Health approval is required'. BUILDING DIVISION (3) 6.1 At the time of plan check submittal for tenant improvements, the following items shall be provided on plans and the applicant shall demonstrate compliance with the following: a. Revise applicable codes on title sheet. 2013 CRC(2012 IRC) does not apply to commercial buildings. b. Provide a Code Summary for the tenant improvement area. Include that the building is sprinklered. c. Provide.a 1-hour fire-resistant occupancy separation wall on each side of the tenant improvement space that will separate the A-2 Occupancy from M Occupancies. d. Show accessible path of travel from the public way (sidewalk) to the front door and from the accessible parking space to the front door. Also from the front door to the accessible restrooms. Aisles between tables shall meet accessibility standards. e. Five percent (5%) of dining seats shall be , accessible to wheelchairs (5% of 49 seats = 3 seats). Five percent (5%) of counter seats shall be accessible to wheelchairs (5% of 5 seats = minimum 1 counter seat). f. Provide accessible order counter and register with clearances for side or front approach. g. A minimum clearance of 36" outside on latch side is required for hinge approach pull side in women's restroom. Zoning Administrator Action 16-005 CUP 2016-13 August 19, 2016 Page 6 PUBLIC WORKS (1, S) 6.1 As part of the State required organics diversion program, the applicant is required to provide a 60-gallon trash cart for organic waste such as food scraps. -The organic waste trash cart shall be picked up at least three (3) times a week. The location and size of the organic waste trash cart need to be shown on the floor plan at the time of plan check for tenant:improvements. (1, S) 6.2 Prior to issuance of a Building Permit(s), the applicant shall provide written approval from the East Orange County Water District for sanitary sewer service connections, as applicable, from the appropriate agency. (1) 6.3 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). ' A. Prior to issuance of any permit, the applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50% of the project waste material or the amount required by the California Green Building Standards Code. B. The applicant may be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The minimum deposit amount shall by $500 and the maximum deposit amount shall be $2,500.