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HomeMy WebLinkAboutZA ACTION AGENDA A C T I O N A G E N D A DRAUPT- ZONING ADMINISTRATOR REGULAR MEETING DECEMBER 16, 1996 CALL TO ORDER: 10 :35 a.m. Community Development Department Conference Room - ROLL CALL: Rick Brown - Building Official, Zoning Administrator Designee Gregory Gubman Associate Planner Barbara Reyes - Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda. ) No Concerns were expressed CONSENT CALENDAR': (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS THE ZONING ADMINISTRATOR, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR 'FOR SEPARATE ACTION. ) No Items on Consent -Calendar PUBLIC HEARINGS: Conditional Use Permit 96-039 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. i Zoning Administrator Action Agenda December 16, 1996 Page 2 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 . Presentation: . Gregory Gubman, Associate Planner The Public Hearing opened at 10 :42 a.m. Aurelio C. Salenaa, 14151 Raleigh Place, Tustin, stated that his residence is directly behind the restaurant property. He suggested that the fence between the properties be -raised. The Administrator asked why Mr. Salenga was requesting the fence to be raised. ' Mr. Salenaa stated that the previous restaurant owners had thrown empty cans and bottles over the fence onto his property and the police had to be called to get them to clean it up. The Administrator stated that the conditions of approval for this resolution are written so that beer and wine are only consumed on the premises so customers would not have the opportunity to take open cans and bottles from the restaurant . Mr. Salenaa stated that he would like to have a written and signed statement from the restaurant owners showing that they will comply and assuring him they will not. throw trash over the fence. The Administrator stated that he does not have the authority to request a written statement from the applicant but that illegal dumping of trash is a violation of City Code. Should violation occur, Code Enforcement could require compliance; if compliance was not forthcoming the City would review the situation and could initiate revocation of the ABC license. Mr. Salenaa stated that he wanted the fence raised. He is concerned about the close proximity of his property to the restaurant and the possibility of accidents for which he would be liable . The Administrator asked the' height that he would like to see the fence raised to. i Zoning Administrator Action Agenda December 16, 1996 Page 3 Mr. Salen a stated that the fence is now 6 feet high but the building is two feet higher. He would like the fence raised to eight feet in-height . The Administrator stated that six feet was the City height requirement and in addition, the conditions of approval allow for periodic review of the situation by the City. S Paul Vooncr, 8915 Westminster, Garden Grove, consultant to the applicant, stated that whatever happened previously has nothing to do with the current applicant . The applicant has been operating the restaurant for several months already and there have been no incidents . Further, the location has not had an ABC license previous to this time. He stated that Mr. Salengas home is approximately 80 feet from the restaurant and that the . restaurant has no control over 'the fence area. Prior to this meeting he had spoken to Mr. Salenga concerning the way his client operates and assured him that bottles and cans are removed to the kitchen area for disposal; patrons have no occasion to leave the restaurant with. a bottle or can. The Administrator inquired if there 'was any storage of trash outside which would be available to vagrants . Mr. Voon , stated there was no outside storage of trash. The Public Hearing closed at 10 :50 ' a.m. The Zoning Administrator adopted Zoning Administrator Action 96-012 approving Conditional Use Permit 96-039 . The meeting adjourned at 10 : 50 a.m. REGULAR BUSINESS No Items for regular business ADJOURNMENT: The date of the next regular meeting of the Zoning Administrator will be set as items are scheduled for action.