HomeMy WebLinkAboutZA AGENDA REPORT ITEM #2 ITEM #2
ATE: DECEMBER 1, 1997 1 n tie`r-C o m
TO: ZONING ADMINISTRATOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 97-023
APPLICANT: HAU-KIT KO
KOKI'S JAPANESE TEPPAN HOUSE
1061 EAST MAIN STREET
TUSTIN, CA 92780
OWNER: LEGRAND REALTY
PO BOX 641548
LOS ANGELES, CA 90064-1548 ,
LOCATION: 1061 EAST MAIN STREET
ZONING: PLANNED COMMUNITY COMMERCIAL (PC-COMM)
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 "411=) FOR ON-SITE CONSUMPTION IN
CONJUNCTION WITH AN EXISTING RESTAURANT.
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action 97-
015 approving Conditional Use Permit 97-023 .
Project Description
The applicant is requesting authorization to obtain a license for
the on-site sale of beer and wine (ABC license Type 114111) in
conjunction with an existing restaurant located at 1061 East Main
Street . Alcoholic beverage sales establishments are permitted in
association with a restaurant use subject to the approval of a
Conditional Use Permit. No outdoor seating is proposed (see Floor
Plan) .
Zoning Administrator Report
December 1, 1997
CUP 97-023
Page 2
Site and Surrbundina Properties
The restaurant occupies a 2 , 500 square-foot lease space on the
southern side of the Tustin Village Center, facing Main Street .
The center occupies the Main Street/Newport Avenue/Bryan Avenue
triangle (see Attachment A) .
Surrounding uses consist of mixed commercial/retail uses to the
east; three restaurants and mixed commercial uses to the west; an
office building to the north; and residential uses along the south.
Parking Requirements/Summary
The restaurant is allocated 12 . 6 parking spaces under the Tustin
Village joint parking agreement . Using the- standard seating to
parking ratio for restaurants, the restaurant is authorized to have
a maximum of thirty-eight (38) seats. This is consistent with what
was authorized in 1995 for the Kyoto Teppan Steakhouse, a previous
tenant at this location.
Alcoholic Beverage Sales Regulations and Guidelines
Staff has reviewed the proposed use for conformance with the City' s
Alcoholic Beverage Sales Establishment Guidelines (Attachment A)
and the above-noted Zoning Code regulations. Key issues applicable
to the- applicant' s proposal are analyzed in the following
discussion:
1. Location: The Zoning Code establishes criteria for off-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
sales establishments. None of the adjacent restaurants are
authorized for off-site sales of alcoholic beverages.
The residential uses to the south are located 'across Main
Street, approximately 200 feet from the project site.
Therefore, off-site sales of alcohol could not be authorized
at this location. The applicant proposes to sell beer and wine
only for on-site consumption. The on-site consumption of
alcoholic beverages in conjunction with a restaurant is not
subject to the minimum distance requirements between
establishments. • Therefore, Condition No. 2 . 1 has been
included to prohibit the sale of beer and wine for consumption
off premises .
Zoning Administrator Report
December 1, 1997
CUP 97--023 i
Page 3
2 . Hours of Operation: Proposed business hours are 11 :30 a.m. to
10 : 00 p.m. , Monday through Sunday. 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
within a commercial center along a commercial corridor.
3 . Servincr of Beer and Wine : Consistent with the Guidelines,
Conditions of Approval are included requiring that beer and
wine is served only in conjunction with food service, and a
condition that all persons serving beer and wine shall be
eighteen (18) years of age or older and supervised by someone
twenty-one (21) years of age or older.
4 . Coin operatedcrames : 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 97-023 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 and consumption of beer and wine in
conjunction with a estaurant .
Z
y J. v n Daniel F x, AICP
As s P1a r Senior Planner
BE:br:cup97023.za -
Attachments: A - Location Map
B - Submitted Plans
C - Alcoholic Beverage Sales Guidelines
D - Zoning Administrator Action No. 97-015
ATTACHMENT A
LOCATION MAP
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diagrm b6IM is'i true and correct dascsipdox of the etrtrance& emb1 intmiar walls,and eYtarior boundaries of the pruhm to be !!ceased.
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ase :eaci =arerutly anis sign �-)eiow.
nereov aecrared Char rhe above-described boundaries. entrances ana oialmed operation as indicated on rhe reverse side, wi11 not be changed
ebur'rtr -Logrying and seeureng prior written approval of the Deaarrment of Alcohoiic•Beverage Control. 1 declare under penalty of perjury
t me foreeome :s free ane coreeC:.
6.DATE
,,E=Cm DA-M :.:"FIED CORRECT - '
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ATTACHMENT B
SUBMITTED PLANS
ATTACHMENT C
ALCOHOLIC BEVERAGE SALES
GUIDELINES
1 RESOLUTION NO.. 3366
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CALIFORNIA, ESTABLISHING POLICY GUIDELINES TO BE
3 FOLLOWED FOR CONSIDERATION OF ALCOHOLIC BEVERAGE SALES
ESTABLISHMENT APPLICATIONS.
4
The Planning Commission of the City of Tustin does hereby resolve
5 as follows :
6 I. The Planning Commission finds and determines as follows:
7 A. That certain guidelines shall be considered by Community
Development staff and ' the Planning Commission when
8 considering Conditional. Use' * Permit- applications for
9 alcoholic beverage sales establishments.
B. That certain standard conditions shall be required on 'on=
10 site alcoholic beverage sales establishments in
conjunction with a restaurant use as follows:
11
0 All alcoholic beverages shall be consumed' on• site.
12 o Authorization for' on-site sales of beer and
wine/liquor sales is contingent upon the use of the
13 subject site remaining a restaurant. At such time
the restaurant use is discontinued the use permit
14 becomes null and void. •
0 All persons serving alcoholic beverages must 'be
15 eighteen years of age or older and- SUpervisedby
someone twenty-one • years of age or older.
16 Supervisor shall be present in same area as point
of sale. '
17 o Hours of operation are limited to the hours of
a.m. to p.m. (hours are identified
18 depending on the type of operation) Food must be
served during _these hours .
19 0 The menu of the restaurant shall consist of foods
that.. are prepared on the premises.
20 o No- outdoor seating is allowed at this location.
0 No ' bar ' type seating -is allowed.
21 o There shall be no pool tables or coin operated
22 games on the premises at any tiite.
C. That certain standard conditions shall be required of
23 off-site sales establishments as follows:
2'4 0 Authorization for off-site sales 'of beer and
wine/liquor is contingent upon the use' at the
25 subject site remaining as .
(specific use is
26 identified here) . Should this use change or be
discontinued, authorization for this use permit is
27 _ null and void. •
0 All persons selling alcoholic beverages shall be
28twenty-one years of age or older.
FZesolution No. 3366
Page 2
I '
c •
0 Hours of operation 'are limited to the- hours of
3 to (hours are identified depending
on the type of operation) .
4 0 "No' Loitering" signs shall be posted at the
entrance of the business or -other specified
5 location(s) .
0 No pool tables or coin 'operated games are allowed
6 at this location.
0 No alcoholic beverages shall be consumed on any
7 property adjacent to the licensed premises under
the control of the- applicant.
8 o Refrigerated single-serving beverage containers"
shall be located in an enclosed refrigeration unit
9 no less than. ten (10) feet from the point of sale
and a minimum of five (5) feet from the store
10 entrance*.
0 No display, sale or distribution of beer or wine,"
11 wine . coolers or similar- alcoholic beveragds shall
be made from an • ice tub, barrel or similar
12 container.
0 No sales or distribution .of alcoholic beverages ,
13 shall be made from a drive-up or walk-up window.
0 All litter shall be removed from the exterior areas
around the premises including adjacent public
sidewalk areas, and parking areas no less
1� frequently than once each day that the busyness is
open,
16 . o For establishments selling alcoholic beverages and
gasoline; no signs advertising alcoholic beverages
17 may be visible from .the exterior- of the building or
on gasoline pumps• or' islands.
18 o Public telephones inside and adjacent to the
establishment shall be modified to prevent' in--
19 coming calls.
20 D. That certain standard conditions shall be required of on-
site sales establishments as follows:
21
0 All persons serving alcoholic beverages shall be
22 twenty-one years: of age or.* older.
0 "No Loitering" signs shall be posted at the entrace
23 of the business or other specified location (s) .
0 No pool tables- ' or coin oper4ted. games are allowed
24 at this location.
o No alcoholic beverages shall be consumed . on any
25 property adjacent to• the . licensed premises under
the. control of the applicant.
26 o All litter shall be removed from the exterior area
around the premises including adjacent public
u, sidewalk areas and parking areas no less !'frequently
than once each day that the business isoopen. "
z� p I
I
ire`C)1. o . 3356
2
�i e Public telephones inside and adjacent to the
3 � establishment shall be modified to prevent in-
4
t coming calls .
E . That each Conditional Use Permit application for an
5 alcoholic beverage sales establishment shall be reviewed,
based upon location and type of such establishment,. and
6 consideration of the following guidelines:
7 A determination that hours of operation requested are
appropriate for the use proposed and consideration given
8 to the proposed uses relation to:
9 1 . Residential areas;
2 . Protected use's, such as places of worship, parks,
10 schools, hospitals, clinics, convalescent homes .
11
3 . Other similar uses; selling or serving alcohol;
F. The applicant shall sign and return an Agreement to
12 Conditions imposed form which states that the applicant
agrees to all conditions imposed, the conditions shall be
13 included on the State issued Alcoholic Beverage license,
and failure to comply with any of the foregoing
141 conditions shall be grounds for suspension or revocation
of the license .
15
PASSED AND ADOPTED by the Planning Commission of the City of Tustin
16 at a regular meeting held on the 25th day of September, 1995 .
17
18
19 JKAS E
20
Chair son
21
22
EAR2ARA REYES
23 ! Recording Secretary '
2 4 1j
25
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28 i -�-
i?•_:,r�._ �.. �:; l:v . 3366
ol STATE' O ' CALIFORNIA )
3 COUNTY OF ORANGE )
CITY .OF TUSTIN )
4 .
5 I , BARBARA REYES, the undersigned, hereby certify that I am the
Recording Secretary of the Planning Commission of • the City of
6 Tustin, California; that Resolution No. 3366 was duly passed and
adopted at a regular. meeting of the Tustin Planning Commission,
7 held on the 25th day of September, 1955.
8
9 p
10 / '�-{�.�.—
BARBARA REYES
11 Recording Secretary
12
13 peresos13366.ru
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23 1.
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ATTACHMENT D
ZONING ADMINISTRATOR ACTION
NO. 97-015
r
1 ZONING ADMINISTRATOR ACTION 97-015
CONDITIONAL USE PERMIT 97-023
2
The -Zoning Administrator of the City- of Tustin does hereby resolve
3 as follows :
4
I . The Zoning. Administrator finds and determines as follows :
5
A. That a proper application fore Conditional Use Permit 97-
6 023 was filed by Hau-Kit Ko , requesting authorization to
obtain a license for the on--site sales and consumption of
7 beer and wine (ABC License Type 114111 ) in conjunction with
an existing restaurant located at 1061 East Main Street,
8 Tustin.
9 B. That the proposed use is allowed within the Planned
Community Commercial (PC-Comm) Zoning District, with the
10 approval of a Conditional Use Permit .
11 C'. That a public hearing was duly. called, noticed and held
on said application on December 1, 1997 by the Zoning
12 Administrator.
13 D. That the establishment, maintenance, and operation of the
use applied for will not, under the circumstances of this
I4 case, be detrimental to the health, safety, morals,
comfort, or general welfare of the persons residing or
15 working in the neighborhood of such proposed use nor be
a detriment to the property and improvements in the
16 neighborhood of the subject property, nor to the general
welfare of the City of Tustin as evidenced by the
17 following findings :
18 1 . The proposed project, as conditioned, complies with
adopted Planning Commission guidelines - for
19 alcoholic beverage sales establishments which have
been established and considered to mitigate
20 potential impacts associated with the sale of
alcohol in conjunction with restaurants.
21
2 . As conditicned, . the sale of beer and wine would be
22 for on-site consumption only, inside the
restaurant .
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 paepared on the
premises.
26 1 .
4 . No billiard tables, coin operated games, dancing or
0 7 entertainment are proposed on the restaurant
premises. !
28
:Zoning Administrator Action 97-015
CUP 97-023
1 December 1, 1997
Page 2
2
5 . All persons serving beer and wine will be eighteen
3 (18) years of age or older and supervised by
someone twenty-one (21) years of age or older. The
4 supervisor will be present in the same area as
point of sale.
5
E. That this project is Categorically Exempt from the
6 requirements of the California Environmental Quality Act,
pursuant to Section 15301 (Class 1) .
7
F. That the project has been reviewed for consistency with
8 the Air Quality Sub-element of the City of Tustin General
Plan and has been determined to be consistent with the
9 Air Quality Sub-element .
10 II . The Zoning Administrator hereby approves Conditional Use
Permit No. 97-023 authorizing the on-site sale and consumption
11 of beer and wine (ABC License Type 114111 ) in conjunction with
an existing restaurant located at 1061 East Main Street,
12 subject to the conditions contained within Exhibit A, attached
hereto.
13
14 PASSED AND ADOPTED by the Zoning Administrator of the City of
Tustin at a regular meeting. held on the 1st day of December, 1997.
15
16
17 RICK BROWN, C.B .O.
Zoning Administrator Designee
18
19
20 KATHY MARTIN
Recording Secretary
21
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Zoning Administrator Action` 97-01.5.. !'
0 -CUP' 97-023
1 December 1., 1997
Page 3
2
STATE OF CALIFORNIA )
3 COUNTY OF ORANGE )
CITY OF TUSTIN }
4
I, KATHY MARTIN, . the undersigned, hereby certify that I am the
5 Recording Secretary of the, Zoning Administrator of •the . City ' of
Tustin, California; that Zoning Administrator Action No. 97-015
6 passed and adopted at a regular meeting of the Tustin Zoning
Administrator, held on the 1st day of December, 199,7 .
7
8 KATHY MARTIN
Recording Secretary
9
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EXHIBIT A
ZONING_-ADMINISTRATOR ACTION 97-015
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 97-023
GENERAL
(1) _ 1.1 The proposed project shall substantially conform with the
submitted plans date stamped December 1, 1997 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 and consumption 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 97-023 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 97-023 authorizes ABC License Type
1141" for the on-site sale and consumption of beer and
wine only. •
(1) 1.5 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 of this project .
USE• RESTRICTIONS
(3) 2 .1 No off--site sale or consumption of alcohol for any type
of ABC license is authorized. All alcoholic beverages
shall be consumed on-site .
(5) 2 .2 Alcoholic beverages may not be served or consumed outside,
of the restaurant, unless a physical barrier is approved
by . the Community Development Department and the
Department of Alcoholic Beverage Control prior to
installation.
----------------------------------------------------------
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 "T
i
Exhibit A
Zoning Administrator Action 97-015
1 December 1, 1997
Page 2
2
3
4
(2) 2 .3 Hours of sales of beer and wine shall be limited to the
5 _ hours when food is available. Menu items shall be
available in the restaurant during business hours .
6 Proposed hours of operation are 11 :30 AM through 10 : 00 PM,
Monday through Sunday.
7
(2) 2 .4 The menu of the restaurant shall consist of foods that are
8 prepared on the premises .
9 (2) 2 .5 Authorization for the on-site sales of beer and wine (ABC
License Type "41" ) is contingent upon the use of the
10 subject premises remaining a restaurant . Should this use
change or be discontinued, authorization for this use
11 permit is null and void.
12 (2) 2 .6 There shall be no billiard tables, coin operated games,
dancing or live entertainment on the premises at any time.
3
(2) 2 .7 All persons selling alcoholic beverages shall be eighteen
i4 (18) years of age or older and shall be supervised by
someone twenty one (21) years of age or older. A
15 supervisor shall be present in same area as point. of sale .
16 (4) 2 .8 Based on the number of provided parking spaces, the
applicant is authorized to a maximum of thirty-eight (38)
17 seats for the restaurant. The total number of seats shall
not be increased unless the property owner demonstrates,
18 through the submittal of a parking and land use summary, or
as otherwise authorized by current provisions of the Tustin
19 City Code, that an adequate number of on-site parking
spaces are available to accommodate additional seating for
20 the restaurant.
21 FEES
22 (1) 3 .1 Within forty-eight (48) hours of approval of the subject
(5) project, the applicant shall deliver to the Community
23 Development Department,. a cashier' s check payable to the
COUNTY CLERK in the amount of $38 . 00 (thirty-eight dollars)
24 to enable the City to file the appropriate environmental
documentation for the project . If within ,such forty-eight
25 (48) hour period that applicant has not delivered to the
Community Development Department the above.-noted check, the
!6 statute of limitations for any interested- party to
challenge the environmental determination under the
27 provisions of the California Environmental Quality Act
could be significantly lengthened.
28