Loading...
HomeMy WebLinkAboutPC RES 3776 1 2 3 4 5 6 7 8 9 lO ll 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. 3776 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 01-002 TO AUTHORIZE SHARED PARKING WITHIN EL CAMINO PLAZA TO ESTABLISH A FORTY (40) SEAT RESTAURANT AND TO SELL BEER AND WINE FOR ON-SITE CONSUMPTION (ABC LICENSE TYPE 41) IN CONJUNCTION WITH THE PROPOSED RESTAURANT AT 654 EL CAMINO REAL. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: That a proper application for Conditional Use Permit 01-002 was filed by Myong Cha Om to allow shared parking within El Camino Plaza to establish a forty (40) seat restaurant and to sell beer and wine for on-site consumption (ABC License Type 41) in conjunction with the proposed restaurant at 654 El Camino Real. Pursuant to Tustin City Code (TCC) Section 9233(c)(aa), restaurants are permitted within the Central Commercial (C-2) zoning district. Pursuant to TCC Section 9271(AA), shared parking is permitted with approval of a conditional use permit. Additionally, pursuant to TCC Section 9233(v), the sale of alcoholic beverage for on-site consumption in conjunction with a restaurant is permitted within the C-2 zoning district with the approval of a conditional use permit. Co That the proposed use is consistent with the General Plan and Tustin City Code in that the property is designated as "Old Town Commercial" and zoned "Central Commercial" which allows 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. That a public hearing was duly called, noticed, and held on said application on April 23, 2001, by the Planning Commission. That the establishment, maintenance and operation of the proposed 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: Planning Commission Resolution No. 3776 Page 2 9 10 11 ~', 5. 13 14 6. 15 16 7. 17 19 20 2t 22 8. 23 24 26 9. 27 28 That the parking demand for existing and proposed uses can be accommodated on site as demonstrated by the Parking Demand Study dated February 21, 2001. That the Parking Demand Study was prepared by a licensed traffic engineer and demonstrates that no substantial conflict will exist in the peak hours of parking demand for the center. That the number of spaces for the proposed restaurant does not exceed the number of spaces anticipated to be available during different hours of operation. That the parking spaces designated for joint use are located such that they will adequately serve the uses for which they are intended. The use is a restaurant where food will be served at all times when alcoholic beverages are served. The use is located in a commercial corridor along Newport Avenue where a variety of retail, office, and restaurant uses are located. That the operational characteristics and features of the facility are appropriate for the location in relation to surrounding areas, and other similar uses selling or serving alcoholic beverages, in that the use is located in a commercial corridor and is limited to restaurant seating with on-site sales of alcoholic beverages only. As conditioned, no off-site alcoholic beverage sales are permitted and food must be served during all hours in which alcoholic beverages are served. The characteristics of the use and hours of operation would be similar to other restaurants in the vicinity. That the proposed use is consistent with the General Plan and Zoning Code in that the property is designated as "Old Town Commercial" and zoned "Central Commercial" which allows for the establishment of a restaurant use with on-site sale of alcoholic beverages subject to approval of a conditional use permit. That, as conditioned, the proposed use is consistent with the Alcoholic Beverage Sales Establishment Guidelines adopted by the Planning Commission on August 23, 1999. 29 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Planning Commission Resolution No. 3776 Page 3 In addition, as conditioned, the proposed use is compatible with uses in the surrounding area and will not be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City in that the nature, operation, and scale of the convenience market are compatible with surrounding commercial uses. Fo The project is Categorically Exempt Pursuant to Section 15301Class 1 of Title 14, Chapter 3 of the Califomia Code of Regulations (Guidelines for the California Quality Act). The Planning Commission hereby approves Conditional Use Permit 01-002 to allow shared parking within El Camino Plaza to establish a forty (40) seat restaurant and to sell beer and wine for on-site consumption (ABC License Type 41) in conjunction with the proposed restaurant at 654 El Camino Real, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 23rd day of Apdl, 2001. Planning Commission Secretary I"ESLIE PONTIOUS Chairperson STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3776 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of April, 2001. Planning Commission Secretary GENERAL (1) (1) 1.2 (1) 1.3 (1) 1.4 (1) (1) EXHIBIT A CONDITIONAL USE PERMIT 01-002 CONDITIONS OF APPROVAL The proposed use shall substantially conform with the submitted plans for the project date stamped April 23, 2001, on file with the Community Development Department, except 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 minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of building permits for the project, subject to review and approval by the Community Development Department. Approval of CUP 01-002 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 within fourteen (14) days of the date of approval. The Director of Community Development shall establish the forms, and evidence of recordation shall be provided to the Community Development Department. 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 for this project. As determined by a City Code Enforcement Officer, any violation of any of the conditions imposed by this Resolution is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. The applicant shall be responsible for costs associated with any necessary code enforcement action. SOURCE CODES (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODEIS DESIGN REVIEW EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY EQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A CUP 01-002 Page 2 Project approval may be reviewed by the Community Development Director every six (6) months from the date of this exhibit to ensure compliance with conditions of approval and to prevent any adverse impacts to the surrounding community. The Director may recommend to the Planning Commission modification to the existing conditions or impose new conditions as part of such review to protect the public health, safety, community aesthetics, and general welfare. PLAN SUBMI'i-rAL (3) 2.1 Plans shall comply with applicable codes, City Ordinances, and the State and Federal laws and regulations including: 1997 Uniform Building Code with California Amendments; 1997 Uniform Mechanical and Plumbing Codes with California Amendments; 1996 National Electrical Codes with California Amendments; T-24 California Disabled Access Regulations; T-24 California Energy Efficiency Standards; City of Tustin Grading and Security Ordinances; City of Tustin Landscape and Irrigation Guidelines; and, City of Tustin Private Improvement Standards. (3) 2,2 In compliance with the Uniform Building Code, the applicant, designer, architect, or engineer must submit four (4) sets of construction plans, two (2) sets of structural calculations and Title 24 energy calculations prepared by a licensed engineedarchitect to the Building Division for review and approval prior to the issuance of a building permit. No field changes shall be made without corrections submitted to and approved by the Community Development Department. (3) 2,3 In compliance with the California Code of Regulations, Title 24, Part 2, Accessibility Standards, and prior to the plan check approval, the designer, architect, or engineer must provide designs for accessibility for the physically challenged to the Building Division for their review and approval prior to the issuance of a building permit. (3) 2,4 In compliance with the Department of Justice (Office of the Attorney General), the designer, architect, or engineer's proposed project must comply with the American Disabilities Act (ADA). Exhibit A CUP 01-002 Page 3 (3) 2.5 Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96-inch wide loading area. (3) 2.6 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. 2,7 The plans submitted into plan check shall indicate that both men's and women's toilets shall be made accessible to persons with disabilities or as modified per Title 24 requirements by the Building Official. (3) 2,8 In compliance with the Tustin City Code, prior to the issuance of a building permit, the designer, architect, or engineer shall submit plans to the Orange County Health Department for project approval and shall submit the approved plans to the City of Tustin Building Division for review and approval prior to the issuance of a building permit. (3) 2.9 Two (2) exit doors are required from the building (A-3 Occupancy per Table 3-A of the California Building Code). The exit doors are required to be unlocked, identified with an illuminated exit sign, equipped with State of California Fire Marshall approved panic hardware and powered by the building's power source. (3) 2.10 Signs indicating the number of occupants shall be posted in dining moms. The signs shall be located in a conspicuous area near the main exits. (3) 2.11 Installation of a grease interceptor is required per 1998 California Plumbing Code Chapter 10 and Appendix Chapter H. (3) 2.12 All plumbing fixture units are required to comply with the 1998 California Building Code Appendix Chapter 29, as per type of group occupancy or as approved by the Building Official. USE RESTRICTIONS (1) 3.1 The proposed project is a restaurant which by definition is a retail establishment that sells food and beverages prepared on the site where customers are served alcoholic beverages for on-site consumption. At least 80 percent of the premises seating shall be designed and used for and must possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public. The gross annual sales of food shall exceed the sale of alcohol. The proposed restaurant shall not include a cocktail lounge or a microbrewery. Exhibit A CUP 01-002 Page 4 (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) 3,2 3.3 3,4 3,5 3,6 3,7 3.8 3,9 3.10 3.11 3.12 Applicants shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site. A copy shall be provided to the City prior to occupancy. The restaurant use shall operate within all applicable State, County and the Tustin City Codes. 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 by the Tustin City Code. 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. All litter shall be removed from the exterior areas around the premises including adjacent public sidewalk areas and parking areas, no less frequently than once each day that the business is open. Public telephones inside the establishment shall be modified to prevent incoming calls. No exterior phones may be located on the premises. No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. Business operations shall be in a manner which does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. All alcohol shall be consumed on site with the exception of the provisions stated in the Business and Professions Code Section 23396.5 and 23401. Authorization for on-site sales of alcohol in conjunction with the proposed restaurant use is contingent upon the use remaining a restaurant at the subject site. At such time the use is discontinued or no longer the primary use of the site, the use permit shall be deemed null and void. Ambient noise of the on-site sales facility shall not exceed the standards of the City of Tustin Noise Ordinance. The restaurant menu shall consist of foods that are prepared on the premises. Exhibit A CUP 01-002 Page 5 (1) 3.13 (1) 3.14 (1) 3.15 (1) 3.16 (1) 3.17 (1) 3.18 (1) 3.19 (1) 3.20 (1) 3.21 (1) 3.22 *** 3.23 (1) 3.24 No outdoor seating is allowed at the site without approvals in accordance with the Tustin City Code. No outdoor storage shall be permitted. 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 the point of sale. The sale of alcoholic beverages within a restaurant establishment shall be limited to the hours when food is available. Service of food menu items shall occur during all business hours. Any counter area within the restaurant shall provide both food and beverage service. Hours of operation shall be limited to 10:00 a.m. to 10:00 p.m. The premises shall be maintained continuously in a clean and healthy condition. A maximum of forty (40) restaurant seats may be located in the restaurant as shown on the site plan. Gross annual sales receipts shall be provided to the Community Development Department one year from the date of this Exhibit and annually thereafter. Total sales of alcohol and food shall be identified and shown separately. All business activity, sales, displays or other business activities shall be conducted entirely within the subject building. Prior to the final inspection for the restaurant use, the applicant shall notify their employees that all employees shall use the parking area to the west and south of the 654 El Camino Real building for vehicle parking. The owner shall submit a copy of such notification to the Community Development Department and shall enforce this restriction. If at any time in the future the City is made aware and concurs that a traffic, parking, or noise problem exists at the subject site, the Community Development Department or Public Works Department may require the property owner or applicant to submit an analysis at no expense to the City. If said analysis indicates that there are traffic, parking, or noise Exhibit A CUP 01-OO2 Page 6 FEES (1) 4.1 (2) 4.2 problems, the property owner and applicant shall be required to implement mitigation measures to eliminate these problems. Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a) Building plan-check and permit fees to the Community Development Department based on the most current schedule. b) Orange County Fire Authority plan-check and inspection fees to the Community Development Depadment based upon the most current schedule. 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 $43.00 (forty-three dollars) 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.