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HomeMy WebLinkAboutZA AGENDA REPORT ITEM No. I )ATE: NOVEMBER 24, 1997 1 n t.e r- Com TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 97-016 AND DESIGN REVIEW 97-025 APPLICANT: RODNEY BECHTEL OLDE TOWNE TACO COMPANY 765- EL CAMINO REAL TUSTIN, CA 92780 OWNER: MR. CHARLES FORD 16492 BARNSTABLE CT. HUNTINGTON BEACH, CA 92649 . LOCATION: 765 EL CAMINO REAL ZONING: CENTRAL COMMERCIAL -- PARKING OVERLAY (C-2 P) ~ 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 ESTABLISHMENT OF A DRIVE--THRU OPERATION AND FOR THE ON-SITE SALE OF BEER AND WINE (ABC LICENSE TYPE 714111) FOR ON-SITE CONSUMPTION AT AN EXISTING RESTAURANT AT 765 EL CAMINO REAL. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 97- 013 approving Conditional Use Permit 97-016 and Design Review 97- 025 . h ' Zoning Administrator Report November 24, 1997 CUP 97-016 and DR 97-025 Page 2 I BACKGROUND AND DISCUSSION a The applicant is proposing to establish a drive-thru operation and the sale of beer and wine (ABC license Type "4111 ) for on-site. consumption at an existing restaurant site located at 765 El Camino Real . Drive-thru establishments and alcoholic beverage sales establishments, are allowed in conjunction with a restaurant subject to the approval of a Conditional Use Permit . Site and Surroundincr Pro erties The project site is located on the northerly side of El Camino Real, between El Camino Way and-Newport Avenue. Surrounding uses include a small strip center to the west, professional offices to the east, Tustin Meadows apartments to the north, and a motel (across El Camino Real) to the .south. The restaurant building is a 1, 536 square-foot structure . An indoor seating area accommodates sixteen seats, and in July, 1996, Conditional Use Permit 96--010 was approved, allowing twenty outdoor seats. The use is located on the same parcel as the westerly strip center and the Tustin Meadows apartments, with a common parking area provided for all uses. When the outdoor seating CUP was approved, total parking requirements were 105 spaces . Olde Towne Taco Company operates as a dine-in restaurant . Posted business hours are 10 : 00 a.m. to 9 :00 p.m. Monday through Thursday, 10 : 00 a.m. to 10 : 00 p.m. on Fridays and Saturdays, and 10 : 00 a.m. to 5 : 00 p.m. on Sundays . During the summer months, Olde Towne Taco Company closes one hour later. for each of the above time periods . Alcoholic Beverage Sales RecLulations and Guidelines 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 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 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 Zoning Administrator Report November 24, 1997 CUP 97-01G and DR 97-025 Page 3 r sales establishments . The adjacent multiple-family residences to the north are located approximately 20Q feet away from the 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, including sales through the drive-thru window. 2 . Hours of Operation: The restaurant proposes hours of operation to be: Monday through Thursday 10 :00 a.m. to 9: 00 p.m. ; Friday and Saturday, 1.0 :00 a.m.. to- 10.: 00 p.m. ; and, 10 : 00 a.m. to 9 :00 p.m. on Sundays . During the summer months, the restaurant closes one hour later each day. 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 restaurant is located along a major commercial corridor (El Camino Real„ near Newport Avenue) and. is close to other commercial uses, such as convenience stores 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 of age or older and supervised by a person 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 . Drive-= Operations/Circulation The proposed drive-up lane is intended to be located adjacent to the south, east and northern elevations of the restaurant building. It is to be twelve feet in. width, and delineated by white striping. A menu/order board is planned for installation along the- eastern elevation of the building, allowing stacking space for two to three cars . Hours of operation for .the drive-up lane are intended to be the same as the restaurant . As there is an existing drive--up Zoning Administrator Report November 24 , 1997 CUP 97-016 and DR 97-025 Page 4 I window on the northern elevation of the building, modifications to the elevations are not necessary. As noted earlier, the use is located on a parcel that also has a strip center and a multi-family residential development . Total parking required by these uses is 105 spaces . The parking lot is proposed to have 123 parking spaces, adequately accommodating all uses . Handicapped-accessible parking is to be located east of the restaurant, with a ,striped walkway to the restaurant . There are two existing driveways to the site. The southernmost driveway is to be denoted for entry only, and the drive-thru lane will be accessed from this entry. The northern entryway will allow for two-way traffic 'that will be exiting the drive-thru lane and the parking area and entering the parking areas for both the restaurant and the apartment complex. White painted directional arrows will be placed on the pavement to indicate traffic patterns.' A copy of . the application for Conditional Use Permit 97-016 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. The proposed construction and operation of a drive-thru lane for an existing restaurant would not result in a detriment to the immediate neighborhood or 'City in that queuing of the drive-thru lane would be -accommodated on-site in the drive aisle. No impacts on surrounding properties or uses caused by increased vehicular traffic or vehicle queuing are anticipated. r y Ev n 62aniel—Fox/ , AxCP Asst to t P1 nn r Senior Planner BE:zarpt:cup97016.be Attachments : A - Location Map B - Submitted Plans C - Alcoholic - Beverage Sales Guidelines D - Zoning Administrator Action No. 97-013 5 ATTACHMENT A LOCATION MAP LOCATION MAP/--/` L L J � a r r r , r r � 5 n N• N N O_ n e N - / EAST MAIN f STREET g ^ N n N N N n n e SOUPLr4NrADON 465 421 445-47 ,� �r •r saEt-5L - e U 515 7US77N GARDEN r / J - LU sic ' N 51XTH 5T. aD7 120 160 200 �� t 611 130 170 220 250 615 6,s 140 leo 210 0 150 160 625 7US77)V n a MEAADpO 0 ,� 04^ 0 ^ o 7zs C� CHEVRON 14017 NO SCALE ATTACHMENT B SUBMITTED PLANS .; _ : ;' ..:.. --_�' •.i..4; .� �• i1 io Q ® ..G' HIGH eLix-K k[A L>_ g'•o'' IF PED..W&. WXY Wr4ur,�nr� 'iHwOTibGF� .•�)-- �r;!r' ti"ti!.•i �'re_:is i6.V:.f1E{•!l1�%:�:`'.'• ::{:: f�fE1J.'r4ZKE-. SSU' :�� _ C .�•. L1f.IF1 RGCrFZ ..= e'. LANE Wi WHITE _ _ - _} •,,":,_ .�: piR�YID>JaL AFRO[,. -,tip' -ir :.t` - •�I` - ' =: ..i= YL. ��'•• . h NEW vr.i5-WAY-- • � -p •p�S2EGT1p:JAL � , - :. " Ex�srli.G�N�'ti✓AY . �v�•r:•�G'��Cnr; 1 � t '1• as t4y HN- . 00 Kim i s P � r.a'. `yt �OQl�fl �+ {'� �la .•Yx 4�i n� r � r p us} 11 � t not sit stoolls- MAN 5% _ .�.� �'n� t � "s y � 1 aip5 SI• �. a/ r s i t tt' ' f r 1 RESOLUTION NO. 33.66 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 S 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 v . alcoholic beverage sales establishments. s 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 becomes null and void. o All persons serving alcoholic beverages must -be - eighteen years 'of age or older and supervised by someone twenty-one years of age or older. 16 Supervisor shall be present in sate. 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 o 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. o No ' bar' type seating is allowed. 21 o There shall be no pool tables or coin operated games on the premises at any time. 22 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 (specific, use is 26 identified here) . Should this use change or be discontinued, authorization for this use. permit is null and void. o All persons selling alcoholic beverages shall be � l3 twenty-one years of age or. older. Resolution No. 3366 Wage 2 Ili 0 Hours of operation are limited to the hours -of 3 r 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 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 0 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 beverages 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 14 around the premises including adjacent public sidewalk. areas, and parking areas no less 15 frequently than once each day that the business is open. Z6 0 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 0 Public telephones inside and adjacent to the establishment shall be modified to prevent in- 19 coming calls. 201 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 operated games are allowed 24 at this location. ' 0 No alcoholic 'beverages shall be consumed on any 25 property adjacent to. the licensed premises under. the control of the applicant.. 26 0 All litter shall be removed from the exterior area around the premises including adjacent public � - 27 sidewalk areas and parking areas no less frequently 28 than once each day that the business is open. - Re,olUL- ion X10. 3366 Page 3 II - e Public telephones inside and adjacent to . the' 3 establishment shall be modified to prevent in 4 - 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 $ to the proposed uses relation to: 9 1 . Residential areas; 2 . Protected uses, such as places of worship, parks, 10 schools, hospitals, clinics, convalescent homes . 3 :. Other similar uses; selling or serving alcohol; 11 -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 of the license. 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 J KAS E 20 Chair son 21 2 2 BARBARA REYES 23 . Recording Secretary 24 25 26 27, N-O. 3366 Pa9c 4 � I 21 , STATE OF CALIFORNIA ) 3 COUNTY OF ORANGE } i 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, 1995 . 8 9 p 10 / �-fes•-�,- BARBARA REYES 11. Recording Secretary 12 131 peresos\3366.ru 14 15r 16 17 18. 19 20 21 22 23 24 25 26 27 28 ATTACHMENT D ZONING ADMINISTRATOR ACTION 97-013 1 ZONING .ADMINISTRATOR ACTION 97-013 CONDITIONAL USE PERMIT 97-016 AND DESIGN REVIEW 97-025 2 NOVEMBER 24, 1997 i 3 The Zoning Administrator of the City of Tustin does 4 hereby resolve as follows : 5 1 . The Zoning Administrator finds and. determines as follows : 6 A. That a proper applica-tion,- Conditional Use 7 Permit 97--016 and Design Review 97-025, was filed by Rodney Bechtel, . to authorize the 8 establishment of drive-thru operations and to authorize the sale of alcoholic beverages 9 located in an existing restaurant at 765 El Camino Real. 10 B. That a public hearing was duly called, noticed 11 and held on said application on November 24, 1997 by the Zoning Administrator. ' 12 C. That the proposed uses are allowed in the 13 Central Commercial - Parking ,and Cultural Resource Overlay (C2-P & CR) - District subject 14 to the approval of a Conditional Use Permit (Tustin City Code Sections 9233 (C) (g) and 'r 15 9233 (C) (v) respectively) . 16 D. That the subject property is located within the Town Center Redevelopment Project Area and 17 the - design and improvements proposed are consistent with the Plan. 18 E. That establishment, maintenance, and operation 19 of the. use applied for will not, under the circumstances of this case, be detrimental to 20 the health, safety, morals, comfort or general welfare of the persons residing or working in 21 the neighborhood of such proposed use, evidenced by the following findings : 22 1. The proposed site is located within an 23 existing multi-tenant commercial center, and there are no proposed exterior 24 modifications to the restaurant . 25 26 27 28 zoning Administrator Action 97-013 November 24, 1997 1 Page 2 2 2 . The alcoholic beverages sales on the 3 outdoor pat'lo will be required to meet Department of Alcoholic Beverage Control 4 standards for access and visibility. 5 3 . As conditioned, there is adequate parking for the restaurant and other uses through 6 the use of on--site parking. 7 4 . The sale . of alcohol would only be authorized in conjunction with a 8 restaurant use. Sales of beer and wine will be permitted only when food is 9 available. Food provided will be prepared on the premises . 10 5 . All persons serving beer and wine will be 11 eighteen (18) years -of age or older and supervised by someone twenty-one (21) 12 years of age or older. The supervisor will be present in the same area as point 13 of sale . 14 6 . The operation of a drive-thru would not result in a detriment to the immediate 15 neighborhood or City in that queuing of the drive-thru lane would be accommodated 16 on-site in the drive aisle. No impacts on surrounding properties or uses caused 17 by increased vehicular traffic or vehicle queuing are anticipated. 18 F. That the establishment, maintenance, and 19 operation of the use applied for will not be injurious or detrimental to the property and 20 improvements in the neighborhood of the subject property, nor to the general welfare 21 of the City of Tustin for the reasons stated above . 22 G. This project has been determined to be 23 Categorically Exempt (Class 3) pursuant to Section 15303 of the California Environmental .24 Quality Act . 25 H. That the project has been reviewed for consistency with the Air Quality Sub-element 26 of the City of Tustin General Plan. and has been determined to be consistent with the Air 27 Quality Sub-element . 28 Zoning Administrator Action 97-013 November 24, 1997 1 Page 3 2 ` i II . The Zoning Administrator hereby approves 3 Conditional Use Permit 97--016 and Design Review 97- 025 to authorize the establishment, of drive-thru 4 service and the sale of alcoholic beverages at an existing restaurant located at 765 El Camino Real, 5 subject to the conditions contained in Exhibit A, attached hereto. 6 PASSED AND ADOPTED by the Zoning Administrator- of the 7 City of Tustin at a regular meeting held on the 24th" day of November, 1997 . 8 9 Rick Brown Zoning Administrator' s 10 Designee 11 12 BARBARA REYES Recording Secretary 13 14 15 STATE OF CALIFORNIA } COUNTY OF ORANGE } 16 CITY OF TUSTIN ) 17 I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator 18 of the City of Tustin, California; that Zoning Administrator Action No. 97-013 was duly passed and 19 adopted at a regular meeting of the Tustin Zoning Administrator, .held on the 24th day of November, 1997 . 20 21 BARBARA REYES 22 Recording Secretary 23 24 25 26 27 f 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 97-013 ' CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 97-016 AND DESIGN REVIEW 97-025 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 24, 1997 on file with the Community Development Department, as herein modified, or as modified by the- Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are 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 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered 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 97-016 and Design Review 97-025 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge to the City' s approval of this project. USE RESTRICTIONS (3) 2 .1 No off-site consumption of alcohol, including through the drive-thru window, for any type of ABC license is authorized. All alcoholic beverages shall be consumed on- site. SOURCE CODES (1) STANDARD CONDITION (5) SPECIFIC PLAN (2) EIR MITIGATION (6) RESPONSIBLE AGENCY REQUIREMENT (3) UNIFORM BUILDING CODE/S (7) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (8) PC/CC POLICY * * EXCEPTION Exhibit A zoning Administrator Action 97-01.3 November 24, 1997 Page 2 (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 . (5). 2 .4 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 . _ (2) 2 .5 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 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 . (2) 2 .7 Consumption of alcoholic beverages in the outdoor seating area is prohibited unless it is demonstrated that the outdoor seating area complies with Department of Alcoholic Beverage Control access and visibility standards. DRIVE-UP OPERATIONS (4) 3 .1 The hours of operation for the drive-up lane shall be limited to those. hours that the restaurant is open to dine--in customers. (4) 3 .2 Detailed elevations for the proposed menu board shall be submitted to the Community Development Department for review. , PLAN SUBMITTAL (3) 4 .1 All improvements shall comply with Title-24 California Access regulations for disabled persons. FEES (1} 5 .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 Y Community Development Department . Exhibit A ��- Zoning Administrator Action 97-013 November 24, 1997 Page 3 i (1) 5 .2 Within 48 hours of approval of the subject project, the . applicant shall deliver to the Community Development Department, a cashiers check payable to the COUNTY CLERK, in the amount of thirty-eight dollars ($38 . 00) to enable the City to file with the County Clerk, the appropriate environmental documentation pursuant to the California Environmental Quality Act . . If within such 48 hours period, the applicant has not delivered to the Community Development Department the above noted check, the approval for the project granted herein shall" be ' considered automatically null and void.