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HomeMy WebLinkAboutZAA 16-013 ZONING ADMINISTRATOR ACTION 16-013 CONDITIONAL USE PERMIT 2016-22 14075 NEWPORT AVENUE 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 (CUP) 2016-22 was filed by James Hurley of Hurleylll Enterprise, LLC, requesting authorization for on- site alcoholic beverage sales for beer and wine (ABC License Type 41) in conjunction with a bona fide restaurant establishment located in a 1,292-square foot tenant suite at 14075 Newport Avenue. 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 the project site is located within the Planned Community Commercial (PC- COM) zoning district where uses authorized in the Retail Commercial (Cl) and Central Commercial (C2) zoning districts are also authorized within this project site. Pursuant to Tustin City Code (TCC) Section 9232b(2), alcoholic beverage sales establishments are conditionally permitted uses within the Retail Commercial (C1) zoning district and subject to the provisions contained within TCC Section 9271(dd). D. That pursuant to TCC Section 9299b(3)(g), 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 CUP 2016-22 on November 1, 2016, by the Zoning Administrator. F. That the establishment, maintenance, and operation of the on-site alcoholic beverage sales in conjunction with a restaurant establishment 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 establishment is allowed within the Planned Community Commercial (PC-COM) zoning district with the approval of a Conditional Use Permit. Zoning Afthstrator Action 16-013 CUIP 2016-22 Page 2 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 conjiunction with a restaurant establishment 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 establishment use is located within a retail center and a commercial corridor along Newport Avenue where a variety of retail, office and restaurant uses are located, The characteristics of the restaurant establishment use and hours of operation of the restaurant would be similar to other restaurants, in the center and in the vicinity, 6) The 1,292-square foot restaurant complies with, the parking regulations, originally established for the site in CUP 89-47, 7) The Tustin Police Department has reviewed the application and has no immediate concerns, G. This project is Categorically Exempt pursuant to Section 15,301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Qual:ity Act), 11'. The Zoning Administrator hereby approves Conditional Use Permit 201622 authorizing an ABC Type, 41 License for the sale of alcoholic beverages, (beer and wine) for on-site consumption in conjunction with a 1,292-square foot restaurant establishment (Chronic Tacos) located at 14075 Newport Avenue, 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 1't day of November, 2016. ELIZABETH A. BINSACK ZONING ADMINISTRATOR VERAkMtKb RECORDING SECRETARY Zoning Administrator Action 16-013 CUP 2016-22 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, 16-013 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on, the 1st day of November, 2016, V VEDA ( "CAR RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2016-22 GENERAL (1) 1.9 The proposed project shall substantially conform with the submitted plans for the project date stamped November 1, 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 2016-22 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) 1.6 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 2016-22 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 2016-22, 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. SOURCE CODES (1) STANDARD CONDITION (6) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Zoning Administrator Action 16-013 CUP 2016-022 November 1, 2016 Page 2 (1) 1.7 As a condition of approval of Conditional Use Permit 2016-22, 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 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. (1) 1.9 Approved uses shall operate within all applicable State, 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 sale of alcoholic beverages, may result in the revocation of the subject Conditional Use Permit, as provided for the Tustin City Code. USE RESTRICTIONS ** ` 2.1 The number of restaurant seating for this restaurant establishment shall be maximum 18 seats. Any increase in seating shall be reviewed and approved by the Community Development Director. **" 2.2 A minimum of 54 parking stalls must be provided at the Strata Tustin Center to accommodate the various uses. Any change to the number of parking stalls shall be reviewing and approved by the Community Development Director. *** 2.3 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 ABC License shall be reviewed and approved by the Community Development Director. *** 2.4 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. Zoning Administrator Action 16-013 CUP 2016-022 November 1, 2016 Page 3 (1) 2.5 The business hours closing time shall be no later than as follows: Sunday—Thursday: 10:00 PM Friday—Saturday: 11:00 PM Sales of alcoholic beverages 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) 2.6 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) 2.7 The menu of the restaurant shall consist of foods that are prepared on the premises. (1) 2.8 Given the close proximity of the building to residential uses, amplified live entertainment is prohibited from occurring on the property. (1) 2.9 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) 2.10 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 near the entrance on the outside of the premises or in other specified locations where alcoholic beverages are sold. (1) 2.12 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) 2.13 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (1) 2.14 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. Zoning Administrator Action 16-013 CUP 2016-022 November 1, 2016 Page 4 (1) 2.15 All on-site signs, including permanent and temporary signs/banners, shall comply with the City of Tustin Sign Code. (1) 2.16 As part 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 restaurant seating is contained within the walls of the existing restaurant. No outdoor restaurant seating for the purpose of serving food or beverages to customers was considered as part ofithis project. Modifications to the seating area may be considered ,by the Community Development Director if it is determined that no impacts to the surrounding tenants or properties will occur. 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.