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HomeMy WebLinkAboutZA AGENDA REPORT ITEM #3 ITEM #3 ,ITE: DECEMBER 1, 1997 I n c e r- C O M TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 97-024 APPLICANT: MASATO TOMISHIMA WAKANA RESTAURANT 17292 MCFADDEN AVENUE, SUITE L TUSTIN, CA 92780 OWNER: CHOON H. YOU 817 W. 19TH STREET COSTA MESA, CA 92627 LOCATION: 17292 MCFADDEN AVENUE, SUITE B ZONING: RETAIL COMMERCIAL DISTRICT (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 IN CONJUNCTION WITH A NEW RESTAURANT. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 97- 016 approving Conditional Use Permit 97-024 . 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 a proposed restaurant located at 17292 McFadden Avenue, Suite "B" . Resolution No. 2311 of. the Planning Commission approved Conditional. Use Permit 86-08 for the on-site sale of beer and wine at the original location within the same center (Suite "L") . The applicant currently holds a "Type 41" license for Suite "L" . Thus-far, the Department of Alcoholic Beverages Control has had no disciplinary action against the applicant. The- applicant proposes to open a new location in Suite "B" , located at the .� northerly end of the same center, and obtain an additional "Type 41" ABC license for the new location. The tenant space was previously utilized as a restaurant . Alcoholic beverage sales Zoning Administrator Report December 1, 1997 CUP 97.-024 - Page 2 . - F establishments are permitted in the Retail Commercial zoning district (C-1) in association with a restaurant •use subject to the approval of a Conditional Use Permit. No outdoor seating is proposed (see Floor Plan) . Site and Surrounding Properties The restaurant is a 1, 755 square foot tenant space within a commercial center known as "Tustin Walnut Village" , bordered by Walnut Avenue to the west, McFadden Avenue to the north and a commercial center to the south and east (see Site Plan) . Surrounding uses consist of residential to west and northwest, and commercial uses to. the north and east - Parking Re irements Summa The restaurant is located in a commercial center which contains twelve tenant spaces . Recently the center obtained a building permit to restripe the parking area. According to the submitted plans, the proposed parking plan for this center will provide 72 parking space's . The required number of parking spaces for the uses at this center is seventy one (71) . According to the submitted plans the restaurant is proposing to provide forty six (:46) seats . However, based on the provided number of parking spaces, the 1, 755 square foot tenant spaces is allocated 8 . 78 spaces which would authorize the restaurant to twenty seven (27) seats . Since the parking area is not sufficient to accommodate the additional proposed seats, Condition 2 . 9 requires that the applicant reduce the number of seats to twenty seven (27) . 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 applic'ant' 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. There is 120 feet of separation from the restaurant to the residential use north of McFadden and 240 feet to the residential use west of Walnut Avenue. 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. Condition No.. 2 . 1 has been included to prohibit the sale of beer and wine for consumption off premises. i ' I - I .I r. , Zoning Administrator Report ' December -1, 1997 j CUP 97-024 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. -3 . Serving 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 (16) years of age or older and supervised by someone twenty-one (21) 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. 5 . Required permits : Wakana restaurant is presently leasing two tenant spaces in the commercial center. The original restaurant in Suite "L" , holds a business license, an ABC license (Type 41) and is presently closed for remodeling. Condition 2 . 11 has been included to require the applicant to obtain all, applicable permits for the new location in Suite "B" prior to construction. The- application for Conditional Use Permit 97-024 was forwarded to the Tustin Police Department . The Police Department has expressed no concern related to this application. Staff has included conditions contained in the City' s Alcoholic Beverage Sales Establishment Guidelines. Staff 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 restaurant. Minoo Ashabi Daniel Fox, 'AICP Assistant Planner Senior Planner ma-br.-zareport\cup97024.ma Attachments : Location Map Submitted Plans Attachment A - Alcoholic Beverage Sales Guidelines Zoning Administrator Action No. 97•-016 i LOCATION MAP, -rr S I r 95- ITI LEI , C � � J I ' m J , J , AVE E � 1s801 15802 5C i SB03 1. 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OCT 071997 1/ PLANNING NG IVISION All SPatcS MiniMUM. {-(%•Fecl-C(C-F pks 0-1--i BY: NE V4 P^KKIN & PLAN Xx y2r-C. X i 1 i • t _ t= ' K1TC��t�l ' wA(TNC- • i i 1 � j RESOLUTION NO. 3366 2I 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. The Planning Commission of the City of Tustin does hereby resolve 5 as follows: 6 I_ The Planning Commission finds and determines as follows: 71 A.. ,% . That certain guidelines shall be considered by Community Development staff and the Planning Commission when 8. considering Conditional Use Permit applications 'for alcoholic beverage sales establishments. 9 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 o 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. o All persons serving alcoholic beverages must be 15, eighteen years of age or older, and supervised by 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. ?0 0 No outdoor seating is. allowed at this location. o No ' bar' type seating is allowed. 21 O There shall be no pool tables or coin operated 22 games on the premises at any time. • C. That certain standard conditions shall be required of 23 off-site sales establishments as follows: 24 o Authorization- for off-site sales of beer and wine/liquor is contingent upon the use- at the 25 subject site remaining as 26 (specific use is identified here) . Should this use change or be 27 discontinued, authorization for this use permit is null and void. o. All persons selling alcoholic beverages shall be 28 twenty-one y- years 'of age or older. ATTACHMENT , A Resolotzon No. 3366 Page ?. - 2 o 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. o 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. o No display, sale or distribution of beer or wine, 11 wine coolers or similar alcoholic beverages shall be made from an ice tub, barrel or similar 32 container. o No sales or distribution '.of alcoholic beverages 13 shall be made from a drive-up' or walk-up window. o All litter. shall be removed from the exterior areas around the premises including adjacent public sidewalk areas, and parking areas no less 15 frequently than once each day that the business 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 o All persons serving alcoholic beverages shall be 22 twenty-one 'years of age or•' older. o "No Loitering" signs shall be posted at the entrace 23 of the business or other specified locat.ion(s) . o 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 sidewalk areas and parking areas no lessifrequently 2811 than once each day that the business islopen. 376 C�icc_ j rl 2 , o Public telephones inside and adjacent to the 3 establishment shall be modified to prevent in- 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: f 7 A determination that. hours of operation requested are 8 appropriate for the use proposed and consideration given to the proposed uses relation to: 9 1-- Residential areas; 10 2 . Protected uses, such as places of worship, parks, 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 14 conditions shall be grounds for suspension or-'revocation 15 of the license. ' PASSED AND A-DOPTED 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 J' S EX 20 Chair son 21 BRRBP.RA REYES 23 Recording Secretary 24 25 26 27 28 No. 3366 _ STATE OF CALIFORNIA ) 3 COUNTY OF ORANGE ) CITY OF TUSTIN ) 4 5 1, 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, 1995. 8 9 BARBARA REYES 11 Recording• Secretary 12 13 peresos%3366.rw 1� 16 17 - 18 19 20 21 22 23 24 , 25 26 2 1 ZONING ADMINISTRATOR ACTION 97-016 CONDITIONAL USE PERMIT' 97-024 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 for Conditional Use Permit 97- 6 024 was filed by Masato Tamishima requesting authorization to obtain a license for the on-site sale 7 and consumption of beer and wine (ABC License Type 114111) in conjunction with an existing restaurant located at 8 17292 McFadden Avenue, Suite B, in Tustin. 9 B. That the proposed use is allowed within the Retail Commercial zoning district (C-1) , with the approval of a 10 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 14 • 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 complies with adopted Planning Commission guidelines for alcoholic beverage sales 19 establishments which have been established and considered to mitigate potential impacts associated 20 with the sale of alcohol in conjunction with restaurants. 21 2 . The sale of beer and wine would be for on-site 22 consumption only. 23 3 . The sale of alcohol would only be authorized in conjunction with a restaurant use. Sale of beer 24 and wine will be permitted ' only when food is available. Food provided will be prepared on the 25 premises. 26 4 . No billiard tables, coin operated games, dancing or entertainment are proposed on the restaurant 27 premises. 28 i i I Zoning Administrator Action 97-016 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. 97-024 authorizing the on-site sale and consumption 11 of beer and wine (ABC License Type 114111) in conjunction with a new restaurant located at 17292 McFadden Avenue, Suite ' B, 12 subject to the conditions contained within Exhibit A, attached hereto. L3 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 RICK BROWN, C.B.O. 17 Zoning Administrator Designee 18 19 KATHY. MARTIN 20 Recording Secretary 21 STATE OF CALIFORNIA ) 22 COUNTY OF ORANGE ) CITY OF TUSTIN } 23 I, KATHY MARTIN, 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. 97-016 25 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 1st day of December, 1997 . ?6 27 KATHY MARTIN 28 Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 97-016 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 97-024 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project 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 . The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be consistent with provisions of the Tustin City Code or other applicable regulations . (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Conditional Use Permit approval shall become null and void unless all permits are issued and substantial construction is underway and an Alcoholic Beverage Control License Type 1141" is obtained from ABC and the sale of beer and wine begins within twelve (12) months of the date of this Exhibit. Time extensions may be granted by the Planning Commission if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 97-024 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of City' s approval of the entitlement process for this project . (1) 1. 6 The applicant shall obtain all necessary permits from the County of Orange Health Care Agency. 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 i Zoning Administrator Action 97-.016 r Exhibit A - Conditional Use Permit• 97-024 . December 1, 1997 Page 3 USE RESTRICTIONS (1) 2.1 No off-site sale or consumption of alcohol for any type cf 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 unless, a 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 eighteen . (18) years of age or older and shall be supervised by someone twenty one (21) years of age or older. A supervisor shall be present in,same area as point of sale. (4) 2'. 6 All building locking devices added to the premises shall meet those requirements as set forth in the Building Security Code. (4) 2 . 9 Based on the number of provided parking spaces, the applicant is authorized to a maximum of .twenty seven (27) seats 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`. (7) 2 .10 No 'bat' type seating is allowed. The proposed counter seating shall be used for serving food as typical for a sushi-bar- • I Zoning Administrator Action 97-03.6 Exhibit A Conditional Use Permit 97-024 December 1, 19'97 Page 4 (4) 2 .11 The applicant shall obtain all applicable permits for -operation of the'restaurant at the new location, including a building permit for tenant improvements and a change of address for the business license.- FEES (1) 3 .1 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 $38 .00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project . , If within such forty-eight (4.8) 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.