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< '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.