HomeMy WebLinkAboutZA AGENDA REPORT ITEM #2 ITEM N0. 2
ATE: Inter- Com ' ,
NOVEMBER 17, 1997
TO: ZONING ADMINISTRATOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT CONDITIONAL USE PERMIT 97-018
APPLICANT: SUZAY K. CHA
MONDU SUZAY
13931-A CARROLL WAY
TUSTIN, CA 92780
OWNER: FIDELITY NATIONAL TITLE COMPANY
3938 STATE STREET, SUITE #110
SANTA-BARBARA, CA 93105
LOCATION: 13931 CARROLL WAY, SUITE A
ZONING: RETAIL COMMERCIAL - PARKING OVERLAY .(C--1 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 ON-SITE SALE OF BEER AND WINE
(ABC LICENSE TYPE 114111) FOR ON-SITE CONSUMPTION AND
THE ESTABLISHMENT OF OUTDOOR SEATING AT 13931
CARROLL WAY, SUITE A.
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action 97-
011 approving Conditional Use Permit 97-018 .
Prosect Description
The applicant - is requesting authorization to establish outdoor
seating and 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 13931-A Carroll Way. Outdoor seating and
alcoholic beverage sales establishments are permitted in
- , association with a restaurant use subject to the approval of a
Conditional Use Permit.
Zoning Administrator Report
November '17, 1997
CUP 97-018
Page 2
Site and Surrounding Properties
The restaurant occupies a 1, 132 square--foot lease space within the
Mimi ' s Plaza center on the northwest corner of Carroll Way and
Seventeenth Street . The tenant space is a• corner 'space within a
multi-tenant building facing Carroll Way (see Site °Plan) .
Surrounding uses consist of a Chevron service station and the Tokyo
Lobby restaurant to the east; Mimi ' s Cafe to the south; Nevada
Bob' s Golf Equipment and vacant suites to the north; and the Costa
Mesa (SR-55) Freeway to the west.
Parking and Seating Requirements/Summary
Within Mimi ' s Plaza, a total of 162 parking spaces were provided,
and a total of 153 spaces were required based on a parking ratio
for retail and service commercial uses of 5 spaces per 1, 000' square
feet of gross floor area. Given that the subject suite is 1, 132
square feet in size, a total of 5 . 6 spaces are allocated to the
subject site. All surplus parking spaces have already been
allocated to other tenants within the center.
Restaurant sites within 'Mimi ' s Plaza have their seating counts
approved at a ratio of three seats for every parking space
allocated. Given that the subject , site has 5 . 6 parking spaces
allocated for its use, a maximum total (both indoor and outdoor)
number of seats that could be allowed for Mondu Suzay is seventeen
(17) seats. At no time shall there be more that eight (8) seats
located outdoors . This is the same number of seats as was
calculated in 1993 when Caffe Milano was located within the subject
suite. A letter was prepared on July 1, 1993, detailing these
calculations, and is shown as Attachment E.
Alcoholic Beverage Sales Regulations and Guidelines
Staff has reviewed the proposed use for conformance with the City' s
Alcoholic Beverage Sales Establishment Guidelines (Attachment C)
and the above-noted Zoning Code regulations . Key issues applicable
to the applicant ' s proposal are analyzed in the following
discussion:
i . 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 . No distance conflicts have been noted.
i
Zoning Administrator Report
November 17, 1997
CUP 97-018
Page 3
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.
2 . Hours of Operation: Proposed business hours are 11:00 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 . 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 (18) 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.
Outdoor Seating Guidelines
In 1988, the Planning Commission adopted policy guidelines to be
used in reviewing applications for outdoor seating areas
(Attachment D) . The criteria included in the guidelines are
discussed below as they apply to this project:
1. Alcoholic Beverage Sales - The applicant has stated that she
would not be able to comply with Alcoholic Beverage ' Control
development standards for outdoor consumption of alcoholic
beverages . Therefore, Condition 2 . 7 has been included in
Zoning Administrator Action 97-011 prohibiting the consumption
of alcoholic beverages in the proposed outdoor seating area.
Zoning Administrator Report
November 17, 1997
CUP 97-018
, Page 4
2 . Clean-up Facilities - A condition has been added requiring the
applicant to ensure that the outdoor seating area is cleared
on a daily basis of litter and food.
3 . Design Compatibility - The outdoor- seating area is proposed to
be located in front of the restaurant, directly adjacent to
the sidewalk fronting onto the parking lot. The proposed
furniture consists of wicker tables with wrought iron, legs and
white canvas I'director' s" style chairs. No umbrellas are
proposed. There are presently landscape- .planters on the
perimeter of the patio area that will be maintained by the
applicant . The proposed tables and chairs would be compatible
with the design of the center.
4 . Conformance to Parkins Requirements - The Planning Commission
Policy Guidelines require outdoor seating areas to conform to
off-street parking requirements. The Zoning Code parking
standards require that one (1) off-street parking space be
provided for every three restaurant seats.
As previously mentioned, parking is allocated at a ratio of
five (5) spaces for every thousand (1, 000) square feet of
tenant space. The subject use is 1, 1.32 square feet in size
and therefore has 5 . 6 parking spaces allocated to its use. At
a ratio of one (1) space for every three seats, the applicant
would be allowed to maintain a. total of seventeen seats for
the business . A maximum total of seventeen (17) seats are
allowed indoors, and outdoors . The applicant has indicated
that a maximum of eight (8) of the 17 seats would be placed
outside, weather permitting.
5 . Proximity to Sensitive Uses - The nearest sensitive uses, as
defined by the Guidelines, are the single-family residences to
the north of the project site . The Guidelines recommend a
distance separation of 200 feet between the outdoor dining
areas and residential uses . Using the submitted site plan for
the subject property, the distance, between the proposed
seating area and the nearest residences was determined to be
approximately 250 feet.
6 . Standard Conditions- The Policy Guidelines include a list of.
typical conditions'. of approval relating to outdoor seating
areas. The conditions relating to trash receptacles, clean-
up, outdoor speakers and use restrictions, as they apply to
this project, are included in the attached Zoning
Administrator Action.
Zoning Administrator Report
November 17, 1997
CUP 97-018
Page 5
A copy of the application for Conditional Use Permit 97-01.8 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 Outdoor Seating Guidelines, and
believes that these conditions, and others included in the attached
resolution, mitigate concerns related to outdoor seating and the
on--site sale and consumption of beer and wine in conjunction with
a restaurant.
BrJ. vanso Daniel ox, AICP
" ~ Assista t 11anne .Senior Planner
BE:br:cup97-018.za
Attachments : A - Location Map
B - Submitted Plans
C - Alcoholic Beverage Sales Guidelines
D - Outdoor Seating Guidelines
E - Parking Summary Letter
F - Zoning Administrator Action No. 97--011.
ATTACHMENT -A
LOCATION MAP
(SR-51
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Z 17381 61 17331
17391 _ 17301
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m PALACE W
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= BOX HACIENDA
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ATTACHMENT B
SUBMITTED PLANS
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ATTACHMENT C
ALCOHOLIC BEVERAGE SALES GUIDELINES
. ; y
RESOLUTION NO. 3366
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-
l0 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.
0 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
1s 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.
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 time.
C. That certain standard conditions shall be required of
23 off-site sales establishments as follows:
24 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
- null and void.
0 All persons selling alcoholic beverages shall be
2811 twenty-one years of age or older.
Resolution No. 3366
[gage 2
2 �!
o Hours of operation are limited to the hours of
3 to (hours are identified depending
on the type bfh 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
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.
16 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 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-
21 site sales establishments as follows:
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 opereted 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 o All litter shall be removed from the exterior area
around the premises including adjacent public
27 sidewalk areas and parking areas no less frequently
281
than once each day that the business is open.
- .
Resolution No . 3365 I�
Page 3
O 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
8 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
'P. 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
9
MA.VJ0_ KAS E
20 Chair son
21
22 4?11
BARBARA RE
'ES
23 , Recording Secretary
24
25
26
• .t
R�-Sou��.on NO. 3366
Page-
l ;
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
10
BARBARA REYES
11 Recording Secretary
12
1 .
13 peresos\3366.ru
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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F
ATTACHMENT D
OUTDOOR SEATING GUIDELINES
2 - RESOLUTION NO. 2490
3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CALIFORNIA, ESTABLISHING POLICY GUIDELINES TO �
4 BE FOLLOWED IN: . REVIEWING APPLICATIONS FOR OUTDOOR
.SEATING AREAS.
5 _
G The Planning Commissions; of the City of Tustin does hereby resolve as
follows:
I. The -Planning Commission finds and determines as follows:
8
A. . That certain guidelines shall be considered by Community
�- Development staff and the Planning Commission when consi°dering
Conditional Use Permit applications for. outdoor. dining areas.
10
B. Outdoor dining areas are allowed- with a CUP subject to the
1] . . . following design criteria:
12 1. Alcoholic Beverage Sales — .Should the proposed establishment
wish to. sell a coho] c beverages, any outdoor dining area
13 shall be designed to meet the standards of the State
'Department of Alcoholic Beverage Control. Specifically, the
14 outdoor dining, area must:
15 a) the patio.--irea shall be clearly/physically ueflned. It
must be c7-early a part of the restaurant it serves;
1 all,
�. b) be accessible preferrably through -the inside of., the
1� restaurant; and
1�S c) be supervised by a restaurant employee to ensure
conformancewith all laws regarding consumption of
1�]
alcohol i.c beverages while on the' restaurant
20 premises.
2. Conformance to Parking Requirements Although in some
21 .. ..cases t e _ outdoor . di ni ng . area may be seasonal in
nature , the number of seats provided or the area used
22 as a seating area should. be considered in determining
the parking requirements for the r:estaurah t as a
23 whole. Therefore:
24 a) depending on the location and . the parking
requirements for the property _ where the- restaurant
25 is proposed, • the outdoor seating area must be
considered as part of the restaurant and shall
2611 conform to -the mandated parking requirements; and
21,1 b) if. outdoor seating areas are 'not part of thy'"
restaurant and are specified as "seating in
28 t
- I
-- 2 Resolution No. 2490
Page two
3
common", no specific parking ,, requirements are
5 _ -applicable; however, these seating;.areas are not to be
_ reserved or -intended for specific use by any particular
G restaurant or tenant. in the center and shall be
available to public use.
3. Clean up facilities - All outdoor seating areas, be
$
they.. part 'of'—a restaurant *,or seating in common, should
have adequate .clean up facilities. Therefore:
G
a)- all outdoor . dining or seating areas shall contain
1G trash receptacles for use by the public or
restaurant employees; and
I1 -
�. b') all outdoor dining or , seating` areas shall - . be
12 i cleaned on a continual, daily basis for removal of
litter and food items which constitute- a public
13 nuisance. '
14 4. Design Com atiti l i ty - Since outdoor dining areas are-
typ ca y v sus a—from -the - public, street, special
15 consideration '~for design is essential. ' The . current
Design Review -process as established by Section ?272. of
the Municipal Code allows 3City Staff :the opportunity to
�! review and establish design elements for these types of
Ii projects. The following guidelines are necessary to
encourage and reinforce compatible design elements:-
- 1S .
a) All. outdoor dining_ and seating, areas shall be
.19 designed so as to not obstruct vehicular or
pedestrian traffic flow and shall be designed in a
201 fashion to that they, do not necessitate removal of
any existing pedestrian or vehicular movement
21 area; -
22 b) all structural elements, ,umbrellas, ,'furniture, awnings, '
covers or other physical'elements which are visible to
23 the public right-of-way shall be compatible with the
overall design of the ,main structures; and
24
c) all signs and advertisement materials placed in an
25 outdoor dining or seating area shall be in
conformance with the Sign Cade. , as well as any
2G adopted Sign Program for the building in which the .
{ E1
seating is to be located._
2�
281
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2 Resolution No. 2490
Page three
3
4
5. "Location to - Sensitive Uses"- The use of outdoor dining and
5 seating areas creates a pedestrian oriented ambiance. . This
type of ambiance is particularly attractive and usually
G encouraged where appropriate; however, some problems may
occur if outdoor dining/seating areas are located in direct
proximity to sensitive uses. Therefore:
8. a) any .-outdoor dining or seating area located within 600 -
feet of -a • public school shall be designed with
9 particular consideration of - school children and
access. Avoidance of the use of video or 'coin operated
10 games and serving of alcoholic beverages in outdoor
seating areas should be considered;
b) should-: any restaurant have dancing or, play
12 j amplified music, the outdoor seating area shall be
sealed off in a 'fashion so as to re-strict noise
13 from disturbing other- businesses- or residents; and
14 c) outdoor seating and dining areas and th-{r
relation to residential uses, public schoo"
15 churches, hospitals and 'arcades _$hal 1 . be revise-- i--
- and proper mitigation measures applied - for
problems related to noise, light, glare and loitering
=1l shad be applied to avoid land use conflicts.
1r •_ .
C. - Incorporation of standard conditions of approval is necessary to
18 ensure compatible and uniform design of all outdoor seating
areas. Typical conditions of approval may 'be applied where
19 applicable. These standard conditions include: _
201 3. The outdoor dining area shall be .setback a minimum of five
(5) feet from the property line or parking lot with
21 appropriate landscaping in conformance with current
landscaping criteria.
22r
2_. Lightin_shall be.. provided 'to illuminate the dining area as
23 required- by the Tustin Security Code.
24 3. The outdoor dining area- shall be architecturally compatible
with the building in which the restaurant is located.
25
26H
2-11
281 :
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1 -
2 Resolution No. 2490-
Page flour u
3
4. The dining area shall be physically related to the building
that the restaurant is in, ensuring that the entrance 'to the
dining area is preferrably through the restaurant.
G
6. Maximum dining areas ' shalI be subject to Uniform Building -
7 Code (.UBC) regulations.
g ' 6. Outdoor seating, whether permanent or. seasonal, is subject
to the parking requirements specified in the Tustin
9 Municipal Code.
10 7. The use of awnings, umbrellas, plants, and other human scale
elements is encouraged to enhance the pedestrian experience.
8. Trash receptacles shall be provided An 'the outside dining
12 area.
13 9. CUP's which are approved for • outdoor. dining areas are
subject to review after one year. At .such' time, -staff shall
14 conduct a study . to determine, if any adverse impacts have
resulted from th? use. If not, . then a permanent CUP may be
15 granted.
•16�� 10. Outdoor dining areas shall ' be a minimum of 200 feet from
residential uses.
17 ' .,
11. If entertainment or dancing. is provided on the premises, a
18 -noise analysis shall be provided which guarantees that noise
levels will not, exceed those specified Ai the Tiustin Noise
11.) _ Ordinance.
20l - 0. That each Conditional Use Permit application for an outdoor dining area shall be reviewed, based upon location and type of
21 such.,- estabii-shme-nt, and consideration _. of the following -
guidelines:
ollowing -
gui'delines:
22
A determination that hours of operation requested' are
23 appropriate to the use proposed ,:and consideration given to the
proposed use's relation to:
24
1. Residential areas;
25 2. Arcades;
3. Public schoo1s;
26.11 4. Relation to live entertainment locations.
27.
811
i
1
2 Resolution No. '2490
Page five
E. The applicant shall sign and return an Agreement to Conditibris
Imposed form which states that the applicant agrees to all
conditions imposed. Failure to comply -with .any of the foregoing .
6 conditions shall be grounds for ' revocation of any approved
Conditional- Use Permit.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission
8 held on theYday of J9$8, = .
9tell
10
1 I i at y Wei
I Chairman
12 ! .
13
14
Penni Foley
15 Secretary
I rd _
171
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20 . .
21 _
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• it - _
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ATTACHMENT E
PARKING SUMMARY LETTER - JULY 1 , 1993
r
(ailFILE COPS'Community Development Department
City Of Tustin
July 1, 1993 � �
15222 Del Amo Avenue
Tustin, CA 92680
(714)544-8890
Joseph Miller FAX (714)832-0825
Sales Associate
CB Commercial Real Estate Group, Inc.
2400 East Katella Avenue, 7th .Floor
Anaheim, CA 92806-5938
RE: SEATING FOR POTENTIAL CAFE TENANT AT 13931 CARROLL WAY
Dear Mr. Miller:
Thank you for your letter, dated June 17, 1993 regarding th6 number
of seats for the potential Caffe Milano tenant in Mimi ' s Plaza at
13931 Carroll Way. The letter was - received by the Community
Development Department on June 22, 1993 .
In your letter, you have provided a parking summary which lists all
of the current tenants and their respective square footages or
seating capacity. in addition, you have indicated that there are
162 parking spaces within the retail center.
Your justification for additional seating for Caffe Milano is based
on the premise that there is surplus parking at the center based on
the respective parking ratios from the Tustin City Code. Although
general office uses require less parking than retail and service
uses, all tenant spaces within the center must be allocated at
least five parking spaces per 1, 000 square feet of gross floor area
because Mimi' s Plaza is designed as a retail and service commercial
center. . In other words, in the event that current- office uses
vacate the center, it would be improper to deny those spaces to
retail and service uses based on = parking being devoted to
restaurants and medical uses..:
City records show that 162 parking spaces were indeed, provided in
Mimi ' s Plaza, while 153 spaces were required based on a parking
ratio for retail. and service commercial uses of 5 spaces per 1, 000
square feet of gross floor .area. In addition, plans for the Tokyo
Lobby Restaurant indicate that a maximum of eighty. (80) seats were
approved at that location. Based on this information, , and
considering the chiropractor tenant and the one space devoted to
Mimi 's Restaurant, there is effectively no surplus parking
available for Caffe Milano. The City can only approve seating for
the potential Caffe Milano tenant based on three seats for every.
parking space allocated. In Mimi's Plaza there are five parking
spaces allocated for every 1, 000 square feet of floor area.
• r� .
Seating for Potential
Cafe Tenant at Mimi 's Plaza
July 1, 1993
Page 2
Should Caffe Milano decide to locate at Mimi 's Plaza; they should
be made aware that no outdoor seating is permitted without approval
of a conditional use permit. The -fee for processing a conditional
use permit is $665 and approval is at the discre-tiori ' of the
Planning Commission and therefore is not guaranteed. An
application for public hearing is enclosed with this letter. z
have also 'included a copy of the' 'City's Guidelines for outdoor
seating which' should be followed as close as possible' in preparing
any proposal.
I
The City appreciates your efforts in trying to accommodate the
.requests of the potential Caffe Milano tenant- at Mimi ' s Plaza.
Should you have any questions regarding the City' s parking
requirements, the application for public hearing, -or any other
matter; please feel free to give 'me a call at (714) • 544-8890,
extension 255.
Sincerely,
• Scott Reekstin
Assistant Planner
Enclosures
SR:br%milanoA tr
QTY FILE COPY
T-� Community Development Department
July 1, 1993 CI LY_ Of Tustin
15222 De[ Amo Avenue
Tustin, CA 92680
-- (714)544-8890
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of gross floor area
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plans for the 'Tokyo
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! no surplus parking
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free seats for every
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ATTACHMENT F
ZONING ADMINISTRATOR ACTION NO . 97-011
r
1 ZONING ADMINISTRATOR ACTION 97-011.
CONDITIONAL USE PERMIT 97-018
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--
6 018 was filed by Suzay K. Cha requesting authorization to
establish outdoor seating and obtain a license for the
7 on-site sales and consumption of beer and wine (ABC
License Type 114111) in conjunction with an existing
8 restaurant'. located at 13931-A Carroll Way, Tustin.
9 B. That the proposed use is allowed within the Retail
Commercial, Parking Overlay (C-1 P) Zoning District,. with
10 the approval of a Conditional Use Permit .
11 C. That a public hearing was duly called, noticed and held
on said application on November 17, 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, 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 conditioned, 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 prepared on the.
premises.
26
4 . No billiard tables, coin operated games, dancing or
27 entertainment are proposed on the restaurant '
premises.
28
i
Zoning Administrator Action 97-011
CUP 97-018
1 November 11, 1997 1M
Page 2 i
2 i
5 . All persons serving beer and wine wild 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
6 . The proposed project complies with adopted Planning
6 Commission guidelines for establishments with
outdoor seating which have been established and
7 considered to mitigate potential impacts associated
with outdoor seating areas in conjunction with
8 restaurants, including the maximum seating - count
for the restaurant .
9 '
E. That this project is Categorically Exempt from the
10 requirements of the California Environmental Quality Act,
pursuant to Section 15301 (Class 1) .
11
F. That the project has been reviewed for consistency with
12 the Air Quality Sub-element of the City of Tustin General
Plan and has been determined to be consistent with the
;L3 Air Quality Sub-element .
14 11 . The Zoning Administrator hereby approves Conditional Use
Permit No. 97-018 authorizing the establishment of outdoor
1s seating and the on-site sale and consumption of beer and. wine .
(ABC License Type 114111) in conjunction with •a new restaurant
16 located at 13931-A Carroll Way, subject to the conditions
contained within Exhibit A, attached hereto.
17
18 PASSED AND ADOPTED by the Zoning Administrator of the. City of
Tustin at a regular meeting held on the 17th day of November, 1997 .
19
20
21 RICK BROWN, C.B.O.
Zoning Adri►inistrator Designee
22
23
24 BARBARA REYES
Recording Secretary
25
's6
27
28
Zoning Administrator Action „97--011
CUP 97-01.8
1 November 17, 1997
Page 3
2
STATE OF CALIFORNIA )
3 COUNTY OF ORANGE )
CITY OF TUSTIN )
4
I, BARBARA REYES., 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. 97-011.
6 passed and adopted at a regular meeting of the Tustin Zoning
Administrator, held on the 17 day of November, 1997 .
7
8 BARBARA REYES
Recording Secretary
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 '
27
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EXHIBIT A L
ZONING ADMINISTRATOR ACTION 97-011
CONDITIONS OF APPROVAL
i. CONDITIONAL USE PERMIT 97-01.8
GENERAL
The proposed project shall substantially conform with the
submitted plans date stamped November 17,: 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 97-018 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 97-018 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.
(S) 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
Exhibit A
Conditions of Approval
CUP 97-018
Page 2
(2) 2 .3 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 .4 The menu of the restaurant shall consist of foods that are
prepared on the premises . '
. (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 . 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 . 8 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 seventeen (17)
seats for- the restaurant (combined inside and outside
seating areas) . Outdoor seating shall be limited to a
maximum of eight (8) seats. The total 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 .
(4) 2 .10 All outdoor seating shall be' located within the patio area
directly in front of the restaurant.
(4) 2 .11 Lighting shall be provided to illuminate the dining .area as
required by the Tustin City Code.
(4) 2 . 12 Trash receptacles shall be provided in the outdoor dining
area.
(4) 2 .13 The landscaping planters adjacent to the outdoor dining }
area shall be maintained in accordance with the Tustin
Landscape and Irrigation Guidelines.
Exhibit A
Conditions of Approval
CUP 97-018
Page 3 i
!
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
(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.
I _
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