HomeMy WebLinkAbout01 ZA Report Friends Cafe Restaurant ITEM 1
AG NDA R PORT
MEETING DATE. OCTOBER 1 , 201
TO: ZONING ADMINISTRATOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 2016-19
APPLICANT: PROPERTY OWNER:
ARIUSH S L I ANI ALISON A. MILLER
J'
FRIENDS CAREE, SPE TUSTIN PROPERTIES, LLC
3 NEVADA 1 i072 BRISTOL STREET, SUITE 100
IRVINE, CA 92606 COSTA MESA 92626
LOCATION; 17391 1 a STREET
G N RAL PLI N COMMUNITY COMMERCIAL CC
ZONING: COMMERCIAL GENERA. (CG)
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1
PURSUANT Awf T T SECTION 15301 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
REQUEST: TO SELL ALCOHOLIC BEVERAGES (ABC TYPE 41 LICENSE)
FOR THEON—SITE CONSUMPTION OF BEER AND WINE IN
CONJUNCTION WITH A 3.510 SQUARE FOOT RESTAURANT.
s
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Zoning Administrator
October 17, 2016
CUP 2016-19
Page 2
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 16-010
approving Conditional Use Permit (CUP) 2016-19 to authorize an ABC Type 41 License
for the sale of alcoholic beverages (beer and wine) for on-site consumption in
MIJUnction with a 3,510 square foot restaUrant (Friends Cafe Restaurant) located at
17391 17" Street.
APPROVAL AUTHORITY
The project site is located within the Commercial General (CG) zoning district where
alcoholic beverage sales establishments are listed as conditionally permitted uses SUbject
to Tustin City Code JCC) Section 9271(dd) and the Planning Commission's Guidelines
for Alcoholic, Beverage Sales Establishments. Pursuant to Section 9299b(3)(g) of the
TCC, the Zoning Administrator has the authority to review and approve on-site alcoholic
beverage sales Uses in conjunction with restaurants.
BACKGROUND
Site and Surt-oundilig Pi-opettes
The project site is located within the CG zoning district and is designated as Community
Commercial by the General Plan which allows for a variety of retail, professional office,
and service-oriented business activities set- in' a community-wide area and population.
The subject property is located within the Tustin's French Quarler Shopping Center, an
approximate 5.3-acre site that is improved vvilh approximately 89,800 square-feet of
commercial buildings.
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Figure 1: Aerial
Zoning Administrator F
October 17, 201
BJP 2016-19
Page
4
Properties to the south and west include the Enderle Center-and Mimi's Plaza commercial
centers, 'respectively. Adjacent properties. -to the north are single family uses, and
properties to the east include multi-family residential and a Jack-In-The-Box -restaurant.
(Figure 1
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PROJECT DESCRIPTION r
Project Summary
The applicant is requesting authorization to sell alcoholic beverages (Type- 41 beer and:
wine) in conjunction. with the establishment of a 3,510 sq. ft. restaurant. The proposed
restaurant would be located within the former tenant location of Lamppost- Pizza, which
had opened for business. in the 1980s. The proposed restaurant ' would have
approximately twenty-three 23 tables with seventy-eight 8 seats. Food would be sold
during all hours the restaurant is-open for business.
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Figure ..Floor Plan
Alcoholic Beverage Sales
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The sale of alcoholic beverages.foron-site consumption can-be authorized in conjunction
with.a "bona fidb" restaurant use in n ormance with the City's Alcoholic Beverage sales
Establishment Guidelines as amended by the Planning Commission and adopted by the
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City Council on May 1, 200.1 and TCC section 9271 dd. Pursuant to the -Guidelines, a
restaurant use is defined as: "A retail establishment! 'that sells food and beverages
pr pard on the sitb, where. cuttorners are seared for on-site o nsumotion." At least
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Zoningdr inistrator
October 17, 201
CUP 2016-19
Page
eighty . percent of the -premise's seating shall be designed- and used for food
consumption. Also, the,gross annual sales of food must exceed the-sale of alcohol.
As proposed, one-hundred (100) percent of the premises seating area would - e used for
food consumption and no bar area is proposed (Attachment B . The application indicates
that approximately 90 percent of sales are estimated to be from food and ten 1.0 percent
from alcoholic beverages. The applicant proposes to offer a full menu for breakfast, lunch
and -dinner (Attachment C . Proposed Condition 2.6 of ZAA No. 16-010 requires food to
be prepared on the premises and available during all hours of operation.
Business fours
The proposed ,food and beverage service hours of operation are from 7:00 a.m. to 10:00
p.m. Monday-Sunday, which is consistent with other restaurants in the Vicinity. No outdoor
seating and dining area is proposed with this use. The Tustin Police Department has
reviewed they application-and does not have any concerns.
Parking
On August 1.8, 1984, the Planning Commission adopted Resolution No. 2173 approving
Use Permit 84-14, which allowed a 26.4 percent reduction in required parking spaces.
The project site, at that time, provided 881 parking spaces for the center and a maximum
350 seats for restaurants.
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On June 5, 1998, the Community Development Department approved Design Review
(DFS) 96-001, a project to remodel the Tu tin's French Quarter center. Approval of DR 96-
001 required three"hundred-sixty-eight-(368) parking spaces to be provided, based on the
existing and proposed: mix of retail, office and restaurant uses at the time. AtAhe time of
BJP 84-14 and DR 96-001, approval, the restaurant parking requirement was one 1
parking space for every three 8 seats.
Since thea, the parking spaces were reduced and the center currently provides three-
hundred-fifty-five (355) parking.. spaces, having replaced some compact spaces with
standards stalls and removed spaces to accommodate accessible parking spaces. The
center is deficient thirteen : 1 3 parking spaces from the three-hundred-sixty-eight (888)
spaces required Under'D 98-801. The reduction of thirteen 18 parking spaces results in
a reduction of thirty-nine . 89 seats!and the new maximum number of restaurant seating
for the shopping center is now th ree-h und red-e[even 31%1 seats. The existing Dickey's
BBQ restaurant currently has sixty-sic 88 seats and the proposed restaurant would
include seventy-eight seats, resulting in a total of one-hundred forty-four (1 44)
restaurant seats, which complies with the updated maximum of three-hundred-eleven
(311) sea
The .project does not include any addition of square footage to the tenant space, and
therefore no additional parking spaces are required. No impacts to parking are anticipated
in conjunction with the proposed use. Nonetheless, should- a parking issue arise,
proposed Condition 2.18 would allow for reevaluation of the business and CUP.
Zoning Adminilstrator
October 17, 2016
CUP 2016-19
Page 5
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
square foot restaurant, the
orcin Administrator nIL-Ist determine whether or not 3,510 Z
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 it in the neighborhood of the subject property,
or to the general welfare of the City of TLIstin 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 Commercial General (CG) zoning district with the
approval of a CUP.
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
TCC 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, office
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 vicinity.
6. 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.
7. The Tustin Police Department has reviewed the application and has no immediate
concems.
Staff recommends that the Zoning Administrator adopt ZAA No. 16-010 approving CUP
2016-19 to authorize an ABC Type 41 License for the sale of alcoholic beverages (beer
,and wine) for on-site consumption in conjunction with a 3,510 square foot restaurant
Friends Cafe Restaurant) located at 17391 1171� Street.
Edmelyn4k butter
Senior Planner
Zoning Administrator
October 17, 2016
CUP 2016-19
Page
r
Attachments: A. Location Map
B. Submitted Plans
C. Submitted Sample Menus
I . ZAA 16-010
ATTACHMENT A
Location Map
LOCATION MAP
CUP 2016-19
17391 91 1 TFC STREET
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ATTACHMENT B
Submitted Plans
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17391 17TH STREET
TUSTIN,CALIFORNIA SF TAKE OFF PLAN �'
SCAM I/8'�--V-0"
SDG ft KI 18-15127 3jA492 SA 3100 East COdcr StreW,Suite 26
DATA: 09-29-201 sOntario,CA 91761
Telephone Na (909)930-2444
Fccsfmlla Na. (909)930-2229
www-11saando.cam SISSONDESIGNTMP
ATTACHMENT C
Submitted Sample Menus
After School Dinner Specials
After school specials come with your choice of soup or garden salad
Served after 4 p.m.
New York Steak 16.99 Pot Roast 13.99
-a 12 oz. aged New York steak -there is nothing better than our super
grilled and served with any tender slow roasted pot roost. Served with
style potato and today's veggie today's fresh veggies and homemade mashed
Fresh Salmon 15.99 potatoes with a homemade brown gravy
-fresh Atlantic salmon served with Country Fried Steak 12.99
today's fresh vegetable and rice -Golden country fried steak served with
Blackened Mahi-Mahi 14.99 today's fresh veggies and homemade mashed
- Panhandled and blackened, this potatoes with homemade country gravy
spicy fish Is dished up with Chicken Florentine 14.99
rice and veggies fto -2 boneless skinless chicken breasts stuffed
Breast of Turkey 12.99 with spinach and feta cheese. We top the
-oven roosted all white turkey chicken with a light mushroom cream sauce
breast served with stuffing and (and serve them with homemade mashed
homemade mashed potatoes, potatoes and turkey gravy,
cranberry sauce and today's Fish Tacos 12.99
fresh vegetable -flour tortillas filled with grilled salmon or
Old Town Pork Chops 13.99 blackened mahl-miahi, shredded cabbage with
-center cut seared and grilled Baja dressing, sliced avocado and tomato
chops with homemade mashed salsa fr'esca. Served with rice and beans.
potatoes or stuffing, apple sauce Fish & Chips 11.59
and today's vegetable -batter dipped Icelandic cod fillets served
Angell Hair Shrimp 14.99 with fries and sole slaw. Tartar sauce and
-shrimp sauteed in olive oil, malt vinegar
garlic, fresh tomato and basi I Rosemary Chicken 12.99
and topped with shredded -a fresh double breast of chicken marinated
Parmesan cheese in rosemary, herbs and extra virgin olive oil.
-Seafood Linguine 15.99 Served with rice and veQ91'eS
-shrimp, salmon and mcahl-mchi Bow Tie Chicken 14.59 00
tossed in a light tomato, white -0 grilled chicken breast on a bed of bow tie
wine, garlic and oregano sauce pasta in, a tomato-cream sauce of garlic, basil
and Parmesan cheese
Cash, Visa, MasterCard and Discover preferred—na personal checks
please. An 18% gra#city will be charged for parties of eight +
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Nachos with teaK $9.79
-Topped with cheddar cheese and jack cheese,
quacamole,sour cream,green onions, black olives,
tomato,and refried beans. Served with f resp salsa.
om rcorn sewed till 2 P.M.
-
XL AA egg omelettes ervec with hornemade hash br wns, car brown rice, or fresh fruit and toast or English
muffin with homemade preserves.We will gladly substftute egg white or eggbeaters nth any break-fast.
KQ=aZ City Veseturi'an
Cure 81 Mom or bacon with cheddar. 10-89 ushrooms, tomatoes, bell pepper, green onions and
R-awhero cheddar topped with a ocodo and sour cream. 10.99
Ground beef, green onion, tomato, Ortega chili, cilantro Poptye
and lack. 10.99
Spinach, mushrooms and Swiss. 10.99
Avocado & Bacon
Crisp bacon and cheddar tapped with avocado and scour Demer
cream. 10.99 Ham,diced onion, bell pepper and cheddar. 10.99
Plein Chicken Chili & Cheese Omflet
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Chicken Breast, tomato, green onion, jack, Cheddar Hbm ad chili with cheddar cheese. 10.99
Y�M
cheese.. 10.99ver
AAiId green chili and cheddar topped with sour cream.
Round the World
10.79
Ham, bacon, sausage, mushrooms, tomato and lack.
10.99 Plediternen Omelet
Steak & EFeta cheese, artichoke heart, sun dried tomatoes, and
�ro S oz. Top sirloin steak, 2 eggs seared with choice of hash kala ata olives. 10.99
brawn brawn rice, or fresh fruit & feast or English muffin
with preserves. 12.99
Fresh tortillas (corn or flour) filled with scrambled eggs,
Breakfast Sumdwich chor zo, Pico de galla and fresh avocado slices. Served
Two scrambled � with ha�.a hash brawls r fresh f rui , 8.99
with and rna ►anna�se, .
your choice of bacon,sausage or hare,on your choice o
toast with hash brows or fresh 'rest. . 9 jairam-k-fast Crousant,
�" Two scrambled eggs with cheese&mayonnaise,and your
Breakfaxt Burrito
chane of ba +, t sausage,or ham on a croissant with hash
Two scrambled eggs with hash browns,cheddar cheese,
. browns or fresh fruit.7199_
and Pico de galla and choice of bacon, sausage or ham. Dixcuit
Served with fresh solso.7."-,-,-
biscuit topped with two scrambled eggs and country
gravy. Served with bacon,sausage and hash browns, 9.89
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d Steak '-9X
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Two
County
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"- x A Golden cotmtr -fried steak smothered in country gravy,
Cooked anyway you litre tern with homemade hash served with two eggs and choice of hash b-row'N brown e
browns, or brown rice or fresh fruit and feast or English or fresh fruit&toost or dish muffin with reserves. 12.79
muffin with preserves. Two XL AA eggs
-with bacon or link scausa a or turkey sausage 8.89 Isexicau :scram
ble
-with cure 81 sham 8,99 Three eggs scrambled with lack cheese,tc atoes, green
-with ca beef, turkey or veggiepattyor red chili turkey onion, chori o, Ortega chillies, topped with avocado
hash 9.,25 sour cream. Choice of hash brown, brown rice, or fresh
fruit & choice of flour or cora tortilla or toast. 10.99
Parties of 8&u p will be charged 1 % gratuity
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Made from scratch. ;Seared with warm syrup and whipped, butter.
Real Buttermilk Pancakes Pam 415
short stack 5.99 Blueberry, Banana,or Chocolate Chip Pancakes 3 7.25
]Prench Toast Irrench Toast Ro I
Thick egg brdi a eggs,vanilla, and cinnamon. Two slices of Texas egg bread French toast stvffed wft
5.89 blueberries and cream cheese.7.75
The Playgroute S CIS
Cake of pancakes or French toast or ruffle with two choice of French Toast Royal or Blueberry, Banana, or
eggs and two strips of bacon or two,link sausages or two Chocolate Chip pancakes with two eggs and two dips of
turkey sausages (sub horn or Turkey hash for 1.95) 8.25 bacon or two link sausages or two turkey sausages 8.99
sub ham or turke hash for 1.95
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WCM41 5.25
B",
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poached eggs, English muffin and real homemade ad,+ hollandalse. Served with hash browns,
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brown rice, or fresh fruit.
10:92tM Eggs Benedict
r1orent]"Laft
The classic with Canadfan boson. 10.50 with fresh spinach and bacon. 10.75
Texas 3kne6et
CalifonRenediet
with red chili and turkey hash. 10.7,E
Bacon,tomato and avocado. 10.75
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Biscuit Gruvy 3.95 S sial Spuds 5.99 CI On X11
Onion 4.899 Steamed Ch 3.7.5 Sliced Tomutots 1* ..
J;Z%Lah BrO%*I= 4.25 (add cheese and anion 0.99)F cloa44LO&.
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Chilled rresh rruitSteel Cut Oatmeal
6,25 with granola 6.50 with 'yag rt 6.50 with broth 6.95 'with railsins and brown mar,toast or english muffia. 4.95
Cold Cereal or Granola .
3.79 add berries or bananas 1.79
Your choice of fresh ground chuck, turkey, r Garden burger, choice of wheat or write bun. Served with
lettuce, tomato, and pickle on the side. Red,onions upon request.With fries or fruit but you may substitute
sour) r salad for 1.79.
J*T*W*I*U*TeBv stro Bu er8.25 with cheese 8.59
Lettuce, pickle and 1000 island ars a bun. dust the Way It
Used to Be. .' Chee'�1' Combo
Melted Americon, Swiss, ,lack and smothered in grilled
ccuxtorniouanions* 9.39
Swiss, bacon and avocado with 1000 island dressing. 9.99
Classic Bacon CheesIMEW
Patty Melt American and Swiss cheese with crisp a+con. 9.89
Served with Swiss and grilled anions on rhe, 8.79
.
Kushmoth r d in made chili and cheddar. 9.89
r sh saut ed mushrooms and Jack. 9.29
Brooklyn
rriisco Served with Pastrami,Swiss, lettere,tomato, pickles and
Served with cheddar,bacon and 1000,island dressing an mustard. 9.99
y
grilled Parmesan sourdough. 9.99
ftrqe r
Stuffed Bu
Ground chuck beef, stied with spinaChf bleu cheese,
nnushroorns topped with crispy string onions.n . 9.99
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Sa4�
l l e of seasoned fries r cole slaw, or potato salad, or fresh f r unit and a crunchyl f+ F. ._...
Substitutescup or salad for 1.x"9.
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BlackboardTr* le DeckerIT
Club Glr'OLIledCbeese
Sliced turkey breast with bacon, lett, tomato, and American,Swiss, jack, and cheddar an sourdough.7.89
mays on +rhole wheat toast. 9.89 Awesome wig ._. .
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1/ avocado, add 1.79 Grlilled Swiss
Cure 81 ham and Swiss on rare. 8.89
CcL%hew C
Chunky, chicken, crunchy celery and cashew salad with P*CoHo
avocado,mayonnaise lettuce, and tomato an squaw. 9.89 6 oz. grilled fresh chicken breast, topped with melted
Swiss, ay ado, alfalfa spouts, tomato, red ion and
Wild Turkey
Sliced turkey, cheddar, avocado, tomato, alfalfa sprouts
with mayonnaise an square bread. 9.99 Blackened Kahl Kahi
Blackened, caramelized and tapped with melted Jack,
lettuce, tomato,onion and tartar sauce. 10.99
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Our soups and salads come with crackers or,a basket of bread. Homemade dressings come on the side:
Hidden Valley Ranch, zesty Italian, 1000 island, bleu cheese, honey mustard, Balsamic oil and vinegar.
Add a cup of soup to any salad for only 2.59
Soup of the IWT Chicken Strep Salad
We reale 2 soups from scratch a er doy using only the Fried chicken strips on a bed of fresh greens with
freshest Ingredients. 4.75 chapped egg,bacon,Cheddar cheese,and tomato.9.99
/ 8-35
Greek Chicken Salad
Romaine lettuce,tomatoes,red onions,ns,cucumber,pepper- BZQ Chicken Salad
anicini, kalamato olives, & feta cheese tossed with chick- BBQ chicken breast taps this salted of crisp romaine let-
en breast and balsamic dressing. 10.89 to e, tossed ed ewith ranch dressing, black beans, green
an tes, tortilla chips and shredded ceddor cheese.
T can lad DrIzzled in, BBQ sauce. 10.99 9.79
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Romaine lettuce combined with a basil, gorgonzola and
balsamic dressing trapped with walnuts, gorgonzola,and Tostada. Chicken
diced grafi mith apples. 10.25 8.99 Deep fried tortilla seal, filled with green mix salad,
beans, cheddar crease, tomatoes„ green on'trtsavo-
Steak Salad cada, and sour cream. Served with fresh salso. 10.39
Sliced,top sirloin,crisp romaine,sauGt red mushroom, red
anians,tannates,and blue cheese tossed in balsamic vin- ChIld
S lad
aigrette. 12,85 Mixed lettuces tapped with ham, turkey, Swiss, cucum
b+e , and tomatoes. 11.49 0.26
Chickan Caesar Salad
Crisp rom' aine lettuce with grilled chicken breast tossed Cobb's Salad
with Caesar dressing,tapped with shredded Parmesan Green salad mix trapped with turkey,brace,avocado,,ta-
chees and croutons.ns. 1 atoes, egg, bleu cheese and green onions. 1.75
10.25
Chicken CaShow Salad
Chick
en cashews salad with tomatoes and crisp green EGreens
salad mix.09 7.99 Green salad mix with cucumber,tomatoes, red cannon and
croutons. 7.29 ` 5.29 ;.
Albacore Tuna ,Salad - u�
m.
ibacare chum white tuna salad with tomatoes andChil ; .r
crisp green salad mix. 9.79 /10.99 What can we say about our chid that hasn't been said
before. 5.99 4. '
1/2 Sandwich with Soup or lad
scup of soup or a mixed green salad with your choice of 1 of our classic ham,turkey, tuna, roast beef, cashew
chicken, or BLT sandwicheL Served with fruit or fries. 10.99
..
ATTACHMENT D
ZAA 16-0 10
ZONING G ADMIT ISTRATOR ACTION 16-010
CONDITIONAL USE PERMIT 2016-019
1739117 TH STREET
The Zoning Administrator of the City of Tustin does hereby resolve as follows:
5
1. The Zoning Administrator finds and determines as follows:
A. That a proper application for Conditional Use Permit 2016-19 was filed by
ariush solairnani of Friends Caf , requesting authorization for on-site
alcoholic beverage sales for beer and wine (ABC License Type 1) in
conjunction with a bona fide restaurant located in a 3,510 square foot tenant
space at 17391 '17th street.
E. 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 pursuant to Tustin City Code (TCC) Section 923 1, alcoholic beverage
saps establishments are conditionally permitted uses within the Commercial
General CG zoning district and subject to therovisions contained within TCC
Section 9271 dd .
D. That pursuant to TCC Section 9299b g , the Zoning Administrator has the
authority to consider requests for on-site alcoholic beverage saps licenses for
restaurants.
E. That a public Bearing was duly called, noticed, and meld for Conditional Use
Permit 2016-19 on October 17, 20161 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 wording 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 Commercial General CG 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 TCC section 9271 dd.
Zoning Administrator Action 16-010
C ly P 2016-19
Page 2
3 The on-site consumption of alcoholic beverages would be in conjunction with
a restaurant where food will be served at all tines when alcoholic beverages
are served.
4Bona 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.
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.
6 The proposed restaurant has been considered in the design of the center
and is included in its parking ratio. As conditioned, no parking impacts are
anticipated.
7 The Tustin Police Department has reviewed the application and has no
immediate concerns. }
G. This project is categorically Exempt pursuant to Section 16361 .(Class 1) of the
California code of Regulations (Guidelines for the California Environmental
Quality Act).
11. The Zoning Administrator hereby approves Conditional Use Permit 2016-19
authorizing an AEC Type 41 License for the sale of alcoholic beverages (beer and
wine) for on-site consumption in conjunction with a 3,616 square foot restaurant
(Friends Caf6 restaurant) located at 17391 17 to Street, 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 17t" day of October, 2016.
ELIZABETH A. EINSACK
ZONING ADMINISTRATOR
EA TISCAIEI L
RECORDING DING SEC ETARY
Zoning Admini tr t r Action 16-010
CUP 2016-19
Page
STATE OF CALIFORNIA
COUNTY T F ORANGE
CITY OF TU STI N
1, VERA TISCARENO, the undersigned, hereby certify that I am the Recording Secretary
f the Zoning Administrator of the City of Tustin, California; that Zoning Administrator
Action No. 16-010 passed and adopted at a regular meeting of the Tustin in Zoning
Administrator, held on the 17 th day of October, 2016.
ERATISCARE[
RECORDING SECRETARY
EXHIBIT A
ZONING ADMINISTRATOR ACTION 16-010
CONDITIONAL USE PERMIT 16-1
CONDITIONS of APPROVAL
1739117 1h STREET
GENERAL
i
'1 1.1 The proposed project -shall substantially conform with the submitted
plans for the project date stamped October 17, 2016, on file with the
Community Development Department; as herein modified, or as
modified :by the Director of Community Development in accordan a with
this Exhibit. The Director of Community Development may also approve
subsequent minor modifications to plans 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. 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 o days prierto,expiration.
1 1,4 Approval of Conditional Use Permit (CUP) 2016-19 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 r cordatin shall be
provided to the community Development Department.
(1) 1. Any violation of any of the conditions imposed is subject to the issuance of
ars Administrative citation pursuant to Tustin.City Code Section- 11 2(a).
1 1, CUP 2016-19 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 net operated in accordance with CUP .
201,6-19, or is found to be a nuisance or negative impacts are affecting the
SOURCE CODES.
(1) STANDARD CONDITION (6), RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S Pc cc POLICY
(4) DESIGN REVIEW EXCEPTION
.f
Zoning Administrator trator Acti n 16-010
CUP 2016-19
October 17, 201
Page 2.
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 CUP.
'I
III s a condition of approval of CIDP 2016-19, 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 aginst 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, Zoning
Administrator or any other decision-,,raking 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. The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorney's fees, subject to the
applicable notice, bearing, and appeal process as established by the city
Council by ordinance. 4
(1) 1.9 Approved uses shall operate within all applicable Statb, County, and
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 sane 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 serge 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
12 The number of restaurant seating for the entire Tustin's French Quarter
shopping center shall be maximum 311 seats and shall comply with
conditions of approval for Use Permit 84-14 and Design a ie r 96-001,
F as applicable.
ti
5
Zoning Administrator Action 16-010
CUP 2016-19
October 17, 2016
Page
(1) 2.3 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) 2,4 Business hours are limited to the following:
Monday—Sunday 7:09 a.m. to 10:00 p.m.
Sales of alcoholic beverages shall be limited to the hours when food i
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 2.6 No off-site sale or consumption of alcohol is authorized, except partially
consumed bottles of gine 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.
(1) 2.7 Any cocktail lounge o(bar area within .the restaurant shall function as a
food and beverage service bar.
1 2,8 Any live entertainment-provided,at the .project site-shall comply with TCC
Section 3231 et seq. regarding Live Entertainment.
(1) 2.9 All persons serving alcoholic beverages-within a restaurant establishment
must be 18 gears 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 2.10 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 2.11 "No Loitering" signs shall be placed neer the entrance on the outside of
the premises or in other specified locations where alcoholic beverages are
sold.
Zoning Administrator Action 16-010
CLIP 2016-1
October 17, 201 `
Page
(1) 2.12 All litter shall .be removed from the exterior areas around the premises
including public sidewalk areas and parting areas, no less frequently than
once each day that the business is open.
(1) 3 No sexually oriented businesses shall be conducted on' the premises
without approval by the city in accordance with the Tustin city Code.
(1) Business operations shall be conducted in a manner that does not create
a public or private nuisane. Any such nuisance must be abated
immediately upon notice by the city of Tustin.
• (1) 2All on-site signs, including permanent and temporary signs/banners, shall
comply with the Master sign Plan and the city of Tustin sign code.
(1) 2part of the state-required Organics Diversion Program, the applicant
shall provide collection receptacles with the kitchen area, and contract
haul service, for organic waste.
(1) 2.17 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 2.18 if in the future the City determines that a parking or traffic problem
exists_on the s it.e or in the vicinity as a result of the proposed project,
the Community Development Director may require the applicant to
prepare a parking demand analysis or traffic study and the applicant
and/or property owner shall bear all associated costs. if said study
indicates that there is inadequate parting or a traffic problem, the
applicant and/or property owner shall be required to provide initiation
measures to be reviewed and approved by the Community
Development Department and/or Public Works Department. FSaid
mitigation may include, but are not limited to, the following:
a. Establish alternative hours of operation.
b. Deduce the number of persons allowed in the facility at any given
time.
c. Provide additional parking.
(1) No,outdoor storage shall be permitted except as approved by the Director
of Community Development.
1 2.20 All activities shall comply with the City's Noise Ordinance.
M
i
1
J
Zoning Administrator Action 16-010
CUP 2016-19
_ October 17, 2016
Page
Y
FEES
(1, 5) 3.1 Within forty-eight hours of approval of the subject project, the
applicant shall deliver ;to the Community Development Department, a
cashiers check payable to the COUNTY CLER in the amount of fifty
dollars ($50.00) to enable the City to Erle the appropriate nvir nm ntal
documentation for the project. if within such forty-eight hour period the
applicant -has not delivered to the Community Development Department
the above-noted check, the statute of limitations for any interested party t
chall6nge the environmental d t renin tion under the provisions of the
California Environmental Quality Act could be significantly lengthened.