HomeMy WebLinkAboutZA REPORT oaev ATE: DECEMBER 16, 1996 Inter- Com TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT:, CONDITIONAL USE PERMIT 96-039 . 1 . APPLICANT: DEER HARBOR RESTAURANT, INC. 14182 NEWPORT AVENUE TUSTIN, CA 92780 OWNER: HARRIET M. WILLIS TRUST 660 LOS ALTOS DRIVE LONG BEACH, CA 90814 LOCATION: 14182 NEWPORT AVENUE, SUITE B ZONING: RETAIL COMMERCIAL (C-1) ENVIRONMENTAL STATUS : THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: AUTHORIZATION FOR THE ON--SITE SALE OF BEER AND WINE (ABC LICENSE TYPE 114111 ) FOR ON-SITE CONSUMPTION AT 14182 NEWPORT AVENUE. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 96- 012 approving Conditional Use Permit 96-039 . BACKGROUND AND DISCUSSION The applicant is proposing to establish the sale -of beer and wine (ABC license Type "114111 ). for on-site consumption .at an existing restaurant located at 14182 Newport Avenue. Alcoholic beverage sales establishments are permitted in conjunction with a restaurant • subject to the approval and conditions of a Conditional. Use Permit. Zoning Administrator Report Conditional Use Permit 96-039 December 16, 1996 Page 2 Site and Surroundincr Properties The subject restaurant occupies a 1, 900 square-foot lease space within a dual-tenant, 3 , 000 square-foot retail building located on the easterly side of Newport Avenue, between Nisson Road and Mitchell Avenue. The subject use, currently operating under the business name "Deer Harbor, " was established earlier this year; City Business License records, however, indicate that site has been operating as a restaurant since 1980 . A doughnut shop occupies the adjacent commercial space . Deer Harbor Restaurant operates as a dine-in restaurant. . Posted business hours are 11 : 00 a.m. to 1 : 00 a.m. Monday through Friday, 10 : 00 a.m, to 1 : 00 a.m. on Saturdays and 10 : 00 a.m. to 10 : 00 p.m. on Sundays . Based on the available parking for the two tenants occupying the subject property, a maximum of 30 seats is authorized for the subject restaurant. No outdoor seating is , provided or proposed, nor is additional indoor seating proposed.. Surrounding uses include a vacant restaurant to the north, single- family residences to the east, a Taco Bell drive-thru restaurant to t the south and a Carl ' s Jr. drive-thru restaurant, a. strip center and a commercial dairy to the west, across Newport Avenue. Alcoholic Beverage Sales Regulations and Guidelines On December 4, 1995, the City Council adopted two Zoning Code Amendments related to the sale of alcoholic beverages . Code Amendment 95-004 (Ordinance No. 1157) authorizes the Zoning Administrator to approve conditional use permits for the on-site sale of alcoholic beverages at restaurants . Code Amendment 95-003 (Ordinance No. 1161) amended the distance separation regulations for alcoholic beverage sales establishments . Staff has reviewed the proposed use for conformance with the City' s Alcoholic Beverage Sales Establishment Guidelines (Attachment B) and the above-noted Zoning Code regulations. The proposal will not be affected by the revised distance criteria for on-site alcoholic beverage sales establishments because these criteria do not apply to establishments operating solely 'as restaurants . Key issues applicable to the applicant ' s proposal are analyzed in the following discussion: 1 . Location: The Zoning Code establishes criteria for oft-site sales of alcoholic beverages, requiring a minimum distance of 100 feet from any residentially zoned or used properties; 600 feet from any church, public or private school,. playground or hospital; and a minimum of 300 feet from any other off-site Zoning Administrator Report Conditional Use Permit 96-039 December 16, 1996 Page 3 sales establishments. The adjacent residences to the east are located within 100 feet of Deer Harbor restaurant. The applicant proposes to sell beer and wine only for on-site consumption. In addition, the Alcoholic Beverage Sales Establishments Guidelines states that all alcoholic beverages shall be consumed on-site when sold in on-site alcoholic beverage sales establishments . Therefore, a condition of approval has been included to prohibit the sale of beer and wine for consumption off premises . 2 . Hours of Operation: The restaurant proposes hours of operation Monday through Saturday to be 11 : 00 a.m. to 1 : 00 a.m. Monday through Friday, 10 : 00 a.m. to 1 : 00 a.m. on Saturdays and 1.0 : 00 a.m. to 10 :00 p.m. on Sundays . Food prepared at the site will be available during the hours -of' operation. Staff has determined that . these hours are compatible with the surrounding uses in that the subject restaurant is located along a major commercial corridor (Newport Avenue; near the I-5 freeway) and is close to other commercial uses, such as drive--thru restaurants and service stations, with characteristically late operating hours. 3 . Serving of Beer and Wine : Conditions of approval are included in the attached resolution requiring that beer and wine is served only in conjunction with food service. In addition, a condition has been included to require that all persons serving beer and wine shall be eighteen years cf -age or older and supervised by someone twenty-one years of age or older. 4 . Coin operated games : The City' s Alcoholic Beverage Sales Establishment Guidelines state that no pool tables or .coin operated games shall be permitted on the premises in conjunction with an alcoholic beverage sales establishment . No pool tables or coin operated games are proposed. A condition of approval has been included' to prohibit the installation of pool tables or coin-operated games. A copy of the application for Conditional Use Permit 96-039 was forwarded to the Tustin Police Department . The Police Department expressed no concerns related to this application. Staff has included conditions contained. in the City' s Alcoholic Beverage Sales Establishment Guidelines, and believes that these conditions, and others included in the attached resolution, mitigate concerns related to the on-site sale of beer and wine. Zoning Administrator Report Conditional Use Permit 96-039 '! December 16, 1996 Page 4 TENANT SIGNAGE The subject business has had a history of Sign Code violations. The Code Enforcement Division has sent a Notice of Violation to the property owner stating that the. business has refaced an existing pole sign and installed a wall sign without first obtaining sign permits from the Community Development Department . The property owner was requested to obtain the proper permits or remove the signs by March' 27, 1997 . As of the date of this writing, permits have not been obtained and the signs have not been removed. The business has also installed window signs without proper authorization. Each window pane is framed with neon tubing and an exposed neon window sign is located within one of the south-facing panes. Pursuant to Sign Code Section 9404c2, neon lighting features, are .subject to Planning Commission review and approval prior to installation. The applicant must remove the neon lighting until such approval has been obtained. Code Enforcement will continue efforts to ensure that the applicant complies with the Sign Code. In addition, a condition of approval has been included requiring that all tenant signage be brought into conformance with the Sign Code or removed prior to the issuance of. an ABC license . Compliance with this condition is easily assured because the Department of Alcoholic Beverage Control will not issue an ABC license until the Community Development Department gives final authorization to do so. Gre ory 9. Gubman Associate Planner GG:br:cup95039 Attachments: Location Map Submitted Plans Attachment A - Alcoholic Beverage Sales Guidelines Zoning Administrator Action No. 96-012 141h LOCATION MAP `,, ," ji 1 ti r r FR 1.51 S PN 14062 1 14071 14072 14082 1408 14082 _ 14091 14092 14091 14092 14101 120 130 AP1M 14102 14101 14102 14111 Q 14112 14111 14112 14722 74121 4121 • - C�tiRON ^WALTER AV. 74122 1 14122 14132 14131 14132 14151 7056 1076 14152 14141 4 2 14142 14141 14142 74161 14162 14161 14162 14161 -f z 14162 14167 14162 4171 A' 14172 14171 14172 14171 U X x Y m 14172 14171 Q 14172 4191 U 14192 14191 14192 14191 Q tjL LJ m J 14192 -14191 Q 14192' �Ac�0174202 74201 14202 14201 q 4201 U �r`T� D 14202 74201 74202 423274211 14212 14211 14212 14211 14212 14211 14212 14231 1423214231 WELL 14231 14232 14231 14232 MITCHELL ON�1p G}ON�{OWO N W 14244 En%n Le)Ln en to to to m to n O00000cocoo f Z ARCON+t[Da00NdIOaoo ti 14, I rr n r-r,o0 co-co 0o co m {I W 000000a000 ao Nd[D O eq-d-to mp 14 m�a+o+00000^ WLtA 0 0 0 0^ VALLERTO 14262 SAN SOUCY oa 14300 !� l]! NO AP M Z NO SCALE i rq. i7 3------+-°- Jot, —7 co-JrArl JAjkK el c. AFS-„iLt It lNaCA(�j p FIY_'J(_f 9CT.(• - I 5 'PILbL M — , _.... _ y i irF I ViSy i �s� !74 5p,uv41. K Z P+T t*. r�Hic y.epwn�, ee4. c CEij,�..�.L'r'-�I� � 1'1`•-�S Ps'1• �cK'�� zz �� R -Z-4- Lie 17F�'" '^Iv M,!A _ ! \�• '�• tom. _ �� - „ - + .I / IL -bli I �' rrbl j �.• _ ,;. - - is "� „ `, � �,' j ' I 5T&lt 'rtc ljax. 0--IrA.47 *.OLo K 53 ..�.•, � ,3 I . is �o�- . pv„Ipy sEf.r..le 9L �s�.0 I Oil 1 ' I RESOLUTION NO. 2396 - L 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA,- ESTABLISHING POLICY GUIDELINES 3 TO BE FOLLOWED IN FOR CONSIDERATION OF ALCOHOLIC BEYERAGE .SALES ESTABLISHMENT APPLICATIONS. 4 The Planning Commission �of the City Y o f Tustin does hereby resolve as 5 - I• G The Planning Commission finds and determines gas follows: A. That certain .guidelines shall be considered by Community f Development staff and the Planning Commission when considering Conditional Use Permit'applicaalcoholic tions for albeverage sales 8 establishments. 9 8- That certain ':Standard. conditions. shall be required on on-site • aicoh'olic beverage sales establishments in conjunction with a 1U restaurant use as follows: 7I � o All alcoholic beverages shall be consumed on site. I2 Authorization for on-site sales -of beer and .wine/liquor sales is contingent upon the use of ' the. subject sit remaining a restaurant. At such time the restaurant use i I3 ° discontinued the use permit becomes null •and void. All persons serving alcoholic beverages must be eighteen 14 years of age or older and supervised by someone twenty'-One I5 - years of age 'or older. .Supervisor shall be present in same° area as point of sale. ' Hours of operation are limited to the hours of IG to p.m. (hours are identified depending ona. thetype TT oper.at on) food must be served during these hours. 1 7 The-menu of the restaurant shall corisist of foods that are prepared on he premises.. I3 No outdoor •seating is allowed at this location. No 'bar' type seating is :allowed. IJ There shall be no pool tables or coin operated-games on the premises at any time. 20 C. That certain standard conditions shall be required of 21f sales establishments as follows: off-site I 221 _ Authorization for off-site sales of beer and wine/liquor is 23contingent upon the use at the subject site remaining as , Identified (specific use Ts or be 2411' 'discontinued,hauthorizationlfor his use permitthis usenge is null arid* void. ° 25 All persons selling alcoholic beverages shall be eighteen years of age or older and shall be supervised b someo 2' 1 twenty-one years of age or older at all times. Supervisorne i. shall be present in same area as point of sale. ' 27� Hours of operation are limited to the hours of � . t o 1 (hours are identified depending on the Hype of 2,9 operation). - . ,F 1 Resolution No. 2396 page two ; 3 "No Loitering" signs shall be posted at the entrance of the- ' 4 business or other specified location(s). No' pool tables or coin operated games are allowed at this 5 location. No alcoholic beverages , shall be donsumed ori any property G adjacent to the licensed premises under the control of the _ applicant. ° Refrigerated single-serving beverage containers shall be located in an enclosed refrigeration -unit no less than ten 8 (10) feet from the point of sale. i 9 D. That each Conditional Use Permit application for an alcoholic beverage- sales establishment shall be reviewed, based upon 10 location and type 'of such- establishment, and consideration of the following guidelines: • z1 F r A determination that hours of operation requested -are 12 appropriate for the use proposed and consideration given .to the 3 proposed use's relation to: 1 1. Residential '-areas; _ I4 2. Arcades; 3. Other similar uses;' 1� 4. Relation to live entertainment locations. 16 E. In order to discourage drinking and driving, signs posted to advertise. items shall be limited to cover no more than 25% of 17 the window area. 18 i F. All mini-markets or convenience storpes 4 of less than 15,00'0 s . : . If ft. .shall limit the floor area devoted to 'sale, display and 191 storage of alcoholic beverage -items- to no more than 10% of the total gross floor area. - - 20 G. The applicant shall sign and return an Agreement to Conditions 21 'Imposed form which states that ..the applicant agrees to all conditions imposed, the conditions -shall "be included on the 22 State issued Alcoholic Beverage license, and failure to comply with any of the foregoing conditions shall, - be grounds for 23 suspension or revocation of the license. s 241. PASSED 'AND ADOPT D at a regul ar _ zing of the-Tustin Planning Commission held on the .q3 day of 1 87 : r+ 25 ; CHARLES E. PC26 tev £ , 27 ' r Chairman 2,q / j DONNA ORR, ► Recordinn SPcretary 1 ZONING ADMINISTRATOR ACTION 96-012 CONDITIONAL USE PERMIT 96-039 2 DECEMBER 16, 1996 3 The Zoning Administrator of the City of Tustin does hereby resolve 4 as follows : 5 I . The Zoning Administrator finds and determines as follows : 6 A. That a proper application for Conditional Use Permit 96- 7 039 was, filed by Deer Harbor Restaurant, Inc . requesting authorization to . obtain a license for the on-site sales 8 and consumption of beer and'wine (ABC License Type 114111 ) in conjunction with a restaurant located at 14182 Newport 9 Avenue, Suite B, Tustin. 10 B. That the proposed use is allowed within the C-1, Retail Commercial District, with the approval of a Conditional 11 Use Permit . 12 C. That a public hearing was duly called, noticed and held on said application on December 16, 1996 by the Zoning 13 Administrator. 1.4 D. That the establishment, maintenance, and operation of the use applied for will not, under the circumstances of this 15 case, be detrimental to the health, safety, morals, comfort, , or general welfare of the persons residing or 16 working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the 17 neighborhood of the subject property, nor to the general welfare of the City of-. Tustin as evidenced by the 18 following findings : 19 1 . The proposed project complies with adopted guidelines for alcoholic beverage sales 20 establishments which have been established . and, considered to mitigate potential impacts associated 21 with the sale of alcohol . 22 2 . The sale of beer and wine would be for on-site consumption only. '23 3 . The sale of alcohol would only be authorized in 24 conjunction with a restaurant use. Sales of beer and wine will be permitted only when food is 25 available. Food provided will be prepared on the premises . 26 4 . No billiard tables, coin operated games, dancing or 27 entertainment are proposed on . the restaurant premises . 28 Zoning Administrator Action 96-012 Page 2 1 . 2 5 . All persons serving beer and wine will be eighteen (18) years of age or older and supervised by 3 someone twenty-one (21) years of age or older. The supervisor will be present in the same area as 4 point of sale . 5 E. That this project is Categorically -Exempt from the requirements of the California'Environment�al Quality Act, 6 pursuant to Section 15301 (Class 1) . 7. F. That the project has been reviewed for consistency with the Air Quality Sub-element of the' City of Tustin General 8 Plan and has - been determined to be consistent with the Air Quality •Sub-element . 9 II . The Zoning Administrator hereby approves Conditional Use 10 Permit No. 96•-039 authorizing the ,on-site sale of beer and wine (ABC License Type 114111 ) in conjunction with a restaurant 11 located at 1.4182 Newport Avenue, Suite B, subject to the conditions contained within Exhibit A, attached hereto. 12 .3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 16th day bf December, 1996 . 14 15 16 RICK BROWN, C.B.O. ` Zoning Administrator Designee 17 18 19 BARBARA REYES Recording Secretary 20 F 21 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) '22 CITY OF TUSTIN ' ) 23* I, BARBARA REYES, the undersigned, hereby certify that. I am the 24 Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No.. 96--012 was 25 duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 16th day of December, 1996 . ,6 27 BARBARA REYES 28 Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 96-01.2 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 96-039 GENERAL (1) 1 .1 The proposed project shall substantially conform with the submitted plans date stamped December 16, 1996, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit . (1) 1.2 Conditional Use Permit approval shall become null and void unless an Alcoholic Beverage Control License Type 1141" is obtained from ABC and the sale of beer and wine commences within twelve (12) months of the date of this exhibit . Time extensions may be granted by the Community Development Department if a written request is received by the Community Development 'Department within thirty (30) days prior to expiration. (1) 1 .3 Approval of Conditional Use Permit 96-039 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development . (1) 1.4 Conditional Use Permit 95-039 authorizes ABC License Type 1141" for the on-site sale of beer and wine 'only. *** 1.5 The issuance of an ABC License shall not be authorized by the Community Development Department until the applicant or property owner has obtained all necessary permits for the installation of any sign requiring a permit, or until all unauthorized signs have been removed from the subject premises . Exposed neon tubing of any configuration located on the building exterior or within twelve (12) inches from the interior side of a window such that it is visible from the outside is subject to approval from the Planning Commission. (1) 1. 6 The applicant shall hold harmless and defend the City of - Tustin from all claims and liabilities arising out of the City's approval of the entitlement process for this -project. ----------------_---------------------------------------------- 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 96-012 Exhibit A - Conditional Use Permit 96-039 Conditions of Approval December 16, 1996 Page 2 USE RESTRICTIONS (3) 2 .1 No off-site consumption of alcohol for any type of ABC license is authorized. All alcoholic beverages shall be consumed on-site . (2) 2 .2 Hours of sales of beer and wine shall be limited to the hours when food is available . Menu items shall be available in the restaurant during business hours . * (2) 2 .3 The ,menu of the restaurant shall consist of foods that are prepared on the premises . (2) 2 .4 Authorization for the on-site sales .of beer and wine (ABC License Type 114111 ) is contingent upon the use- of the subject premises remaining a restaurant . Should this use change or be discontinued, authorization for this use .permit is null and void. (2) 2 .5 No outdoor seating shall be permitted unlessa separate conditional use permit is approved pursuant to the current provisions of the Tustin City Code. (2) 2 . 6 There shall be no billiard tables, coin operated games, dancing or live entertainment, on 'the premises at any time. (2) 2 .7 All persons selling alcoholic beverages shall be 18 years of age or older and shall be supervised by someone 21 years of age or older. A supervisor shall be present in same area as point of sale . (4) 2 . 8 All building locking devices added to the premises shall meet those requirements as set forth in the Building, Security Code. (4) 2 . 9 Applicant shall obtain all necessary permits from the Building Department prior to construction of any improvements that require a permit pursuant to the Uniform Building Code and Tustin Municipal Code . (5) 2 .10 Any Health Code or other violations, as determined by the County of Orange Health Care Agency,- may be grounds for revocation of this Conditional Use -Permit . r 1 • Zoning Administrator Action 96-012 , Exhibit A - Conditional Use Permit 96-039 Conditions of Approval December 16 , 1996 Page 3 4 (5) 2 . 11 The applicant and/or property owners shall be responsible for the daily maintenance and up-keep of the facility, including but not limited to trash removal, painting, graffiti removal and maintenance of improvements to ensure that the facilities are maintained a_n a safe, .clean, sanitary and attractive manner. All graffiti shall be removed within 72 hours of a 'complaint being transmitted by the City to the property owner. Failure to maintain said structures and adjacent facilities will be grounds for City enforcement of its' Property Maintenance Ordinance, including nuisance abatement procedures . (5) 2 .12 Opaque materials and signage shall not cover more than 25 percent of the aggregate area of all windows and doors of the restaurant. (5) 2 .13 All signs, including any change of copy, require review and approval by the Community Development Department prior to installation. (4) 2 .14 A maximum of 30 seats is authorized for the restaurant . The number of seats shall not be .increased 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) 3 .1 Prior to the issuance of any building or sign permits, payment shall be made of 'all applicable building plan check and permit fees and sign design review fees to the Community Development Department: (1) 3 .2 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier' s check payable to the COUNTY CLERK in the amount of $25 . 00 (twenty- 'five-dollars) to enable the City to file the appropriate environmental documentation for the project . If within such forty-eight (48) hour period that 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.