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HomeMy WebLinkAbout02 ZA ITEM CUP 2016-27 J FISH RESTAURANT • AGENDA REPORT ITEM #? MEETING DATE: JANUARY 9, 2017 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2016-27 APPLICANT: PROPERTY OWNER: AMY LEE ELDON & LINDA PRIMROSE J FISH 4823 SURREY DRIVE 13882 NEWPORT AVENUE, SUITE A CORONA DEL MAR, CA 92625 TUSTIN, CA 92780 LOCATION: 13882 NEWPORT AVENUE, SUITE A GENERAL PLAN: COMMUNITY COMMERCIAL (CC) ZONING: COMMERCIAL GENERAL (CG) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: TO SELL ALCOHOLIC BEVERAGES (ABC TYPE 41 LICENSE) FOR THE ON-SITE CONSUMPTION OF BEER AND WINE IN CONJUNCTION WITH AN EXISTING RESTAURANT. f f4 r, Zoning Administrator January9, 2017 CUP 2016-27 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 16-015 approving Conditional Use Permit (CUP) 2016-27 to authorize an ABC Type 41 License for the sale of alcoholic beverages (beer and wine) for on-site consumption in conjunction with an existing restaurant establishment (J Fish) located at 13882 Newport Avenue, Suite A. 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 (TCC) 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 Surrounding Properties The project site is located in a retail building in an existing commercial center located at the northeast comer of Newport Avenue and Bonita Street, known as Primrose Center (Figure 1). The subject property is improved with a 7,408 square-foot, single-story building with five (5) tenant spaces. The subject tenant suite is 1,360 square feet in size and is located at the northern comer of the building. The property is zoned CG and is designated as Community Commercial by the General Plan, which allows for a variety of retail, professional office and service-oriented business activities serving a community-wide area and population. The properties located to the southwest, across Bonita Street, are single-family residences and an SC Fuels service station zoned Multiple Family Residential (R3) and Retail Commercial (Cl), respectively. The property located northwest of the site, across Newport Avenue, is a multi-tenant office building zoned Planning Community Commercial (PC COM). To the northeast of the site is a commercial retail center zoned C1 that features 7-Eleven and Yogurtland. To the southeast of the site, behind the subject property, is a single-family residence and zoned R3. Zoning Administrator January 9, 2017 CUP 2016-27 Page 3 a Y Y' .i • Figure 1. Aerial Photograph PROJECT DESCRIPTION Project Summary The applicant is requesting authorization to sell alcoholic beverages (Type 41 beer and wine) in conjunction with an existing restaurant establishment. The existing J Fish restaurant has been operating at this location since July 2016. The restaurant is a full service, fast-casual eating establishment that is 1 ,360 square feet in size and holds nineteen (19) seats and six (6) tables (Figure 2). No outdoor restaurant seating area is proposed with this use. Wr yyy 17.5 8SlP DINING Q - 1 L' KITCHEN/STORAGE AREA srs xs-Ll a,+ 7.t a �IV Figure 2. Floor Plan Zoning Administrator January 9, 2017 CUP 2016-27 Page 4 Alcoholic Beverage Sales The sale of alcoholic beverages for on-site consumption can be authorized in conjunction with a "bona fide" restaurant use in conformance with the City's Alcoholic Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001 and TCC Section 9271(dd). Pursuant to the Guidelines, a restaurant use is defined as: "A retail establishment that sells food and beverages prepared on the site, where customers are served for on-site consumption." At least 80 percent of the premise's seating shall be designed and used for food consumption. Food would be sold during all hours the restaurant is open for business. Also, the gross annual sales of food must exceed the sale of alcohol. As proposed, 100 percent of the premises' seating area would be used for food consumption and no bar area is proposed. The application indicates that approximately 90 percent of sales are estimated to be from food and 10 percent from alcoholic beverages. Business Hours The proposed food and beverage service hours of operation are from 11:00 a.m. to 9:00 p.m. Monday-Saturday, which is consistent with other restaurants in the vicinity. The Tustin Police Department has reviewed the application and does not have any concerns. Parking No impacts to parking are anticipated in conjunction with the proposed use. Pursuant to a parking analysis of existing businesses at 13882 Newport Avenue prepared in conjunction with CUP 2001-20, the retail center requires and provides a total of 37 parking stalls. The previous restaurant establishment in this tenant suite was established under the previous off-street parking ratios as follows: • 1 space per 200 square feet of general retail space • 1 space per three (3) seats for restaurant space At 1,360 square feet, the tenant suite was allotted approximately seven (7) parking stalls based on one (1) space per 200 square feet. At the ratio of 1 space/3 seats, the suite would be allowed a maximum of twenty (20) seats. No change to the existing size or seating in the existing restaurant is proposed. Therefore, the existing thirty-seven (37) parking stalls within the project site are adequate to serve the proposed project. Nonetheless, should a parking issue arise, proposed Condition 1.6 would allow for reevaluation of the business and CUP. 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 1,360 square-foot restaurant, the Zoning Administrator must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, or general Zoning Administrator January 9, 2017 CUP 2016-27 Page 5 welfare of the persons residing or working in the neighborhood, 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. 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 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 and a commercial corridor along Newport Avenue where a variety of retail, office and restaurant uses are located. The characteristics of the restaurant use and hours of operation of the restaurant would be similar to other restaurants in the center and in the vicinity. 6. The existing restaurant use was considered in the design of the center and was accounted for in its parking ratio; therefore, no parking impacts are anticipated. 7. The Tustin Police Department has reviewed the application and has no immediate concerns. Staff recommends that the Zoning Administrator adopt ZAA No. 16-015 approving CUP 2016-27 to authorize an ABC Type 41 License for the sale of alcoholic beverages (beer and wine) for on-site consumption in conjunction with the existing J Fish restaurant establishment located at 13882 Newport Avenue, Suite A. r� r Jessica Aguilar ' Assistant Planner Attachments: A. Location Map & Land Use Fact Sheet B. Submitted Plans C. Zoning Administrator Action No. 16-015 ATTACHMENT A Location Map Land Use Fact Sheet LOCATION MAP 13882 NEWPORT AVENUE, SUITE A PROJECT SITE 665 5t5 a; �foie ,.....,. " . ' a '� 1P 033 60 500, 300' r /f TWIN HIM 9tfIC7f6.. 6Gtp71'000op A. h *r I LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2016-27 2. ADDRESS: 13662 NEWPORT AVENUE, SUITE A 4. APN: 500-152-27 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: CUP 2001-20 (ABC LICENSE FOR 13662 NEWPORT AVENUE, SUITE G) 6. SURROUNDING LAND USES: NORTHEAST: COMMERCIAL SOUTHWEST: COMMERCIAL& RESIDENTIAL SOUTHEAST: RESIDENTIAL NORTHWEST: COMMERCIAL 7. SURROUNDING ZONING DESIGNATION: NORTHEAST: Cl - RETAIL COMMERCIAL& CG-COMMUNITY GENERAL SOUTHWEST:Cl --RETAIL COMMERCIAL & R3--MULTIPLE FAMILY RESIDENTIAL SOUTHEAST: R3-MULTIPLE FAMILY RESIDENTIAL NORTHWEST: PC-COMM-PLANNED COMMUNITY COMMERCIAL 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTHEAST: CC-COMMUNITY COMMERCIAL SOUTHWEST: CC--COMMUNITY COMMERCIAL& HDR-HIGH DENSITY RESIDENTIAL SOUTHEAST: HDR-HIGH DENSITY RESIDENTIAL NORTHWEST: OTC-OLD TOWN COMMERCIAL 9. SITE LAND USE: A. EXISTING: RESTAURANT B. PROPOSED: SAME C. GENERAL PLAN: CC D. ZONING: CG PROPOSED GP: SAME PROPOSED ZONING: SAME DEVELOPMENT FACTS: 10. LOT AREA: 30,600 SQUARE FEET/0.70-ACRES (APPROX.) 11. TENANT SUITE: 1,360 SQUARE FEET 12. PARKING: 6.8 (1 PARKING STALL PER 3 SEATS FOR RESTAURANT USE SPACE 20 SEATS 13. TENANT IMPROVEMENTS: NONE ATTACHMENT B Submitted Plans m NVk r C, "k Z L oo U 4t: z w N_ J 4-• N••. 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S CL : � Ln k - 0 R �2 , i , » uo 5 § LL R 2 2 u00 ` 00 ¥ | � � � � ]= ƒ �� ATTACHMENT C Zoning Administrator Action No. 16-015 ZONING ADMINISTRATOR ACTION 16-015 CONDITIONAL USE PERMIT 2016-27 13882 NEWPORT AVENUE, SUITE A The Zoning Administrator of the City of Tustin does hereby resolve as follows: 1. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2016-27 was filed by Amy Lee of J Fish 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 1,360 square-foot tenant suite at 13882 Newport Avenue, Suite A. 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 Pian and has been determined to be consistent with the Air.Quality Sub-Element. C. That pursuant to Tustin City Code (TCC) Section 9235c1, alcoholic beverage sales establishments are conditionally permitted uses within the Commercial General (CG) 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 2016-27 on January 9, 2017, 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 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). Zoning Administrator Action 16-015 CUP 2016-27 Page 2 3) The on-site consumption of alcoholic beverages would be in conjunction 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 existing restaurant use was considered in the design of the center and was accounted for in its parking ratio; therefore, no parking impacts are anticipated. 7) The Tustin Police Department has reviewed the application and has no immediate concems. G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves CUP 2016-27 authorizing an ABC Type 41 License for the sale of alcoholic beverages (beer and wine) for on-site consumption in conjunction with a 1,360 square-foot restaurant establishment (J Fish) located at 13882 Newport Avenue, Suite A, 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 9th day of January, 2017. ELIZABETH A. BINSACK ZONING ADMINISTRATOR VERA TISCARENO RECORDING SECRETARY Zoning Administrator Action 16-015 CUP 2016-27 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, 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. 16-015 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 9th day of January, 2017. VERA TISCARENO RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION,16-015 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2016-27 13882 NEWPORT AVENUE, SUITE A GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 9, 2017, 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 alcoholic beverage sales 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 2016-27 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 2016-27 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 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 Zoning Administrator Action 16-015 CUP 2016-27 January 9, 2017 Page 2 accordance with Conditional Use Permit 2016-27, 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. (1) 1.7 As a condition of approval of Conditional Use Permit 2016-27, 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 attomey'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 regulations. 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 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) 2.2 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 16-015 CUP 2016-27 January 9, 2017 Page 3 (1) 2.3 The business hours closing time shall be no later than as follows: Monday—Sunday 10:00 p.m. 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) 2.4 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) 2.5 The menu of the restaurant shall consist of foods that are prepared on the premises. (1) 2.6 Any cocktail lounge or bar area within the restaurant shall function as a food and beverage service bar. (1) 2.7 Any live entertainment provided at the project site shall comply with Tustin City Code (TCC) Section 3231 et seq. regarding Live Entertainment. (1) 2.8 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) 2.9 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 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 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) 2.12 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the TCC. Zoning Administrator Action 16-015 CUP 2016-27 January 9, 2017 Page 4 (1) 2.13 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) 2.14 All on-site signs, including permanent and temporary signs/banners, shall comply with the City of Tustin Sign Code. (1) 2.15 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) 2.16 All restaurant seating shall be 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 of this 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.. (2) 2.17 The total number of seats shall not be increased from twenty (20) 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 seating for the restaurant. 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.