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HomeMy WebLinkAboutZA AGENDA REPORT ITEM #1 ITEM N0. 1 :DATE: Inter- Com Gs, NOVEMBER 17, 1997 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONTINUED PUBLIC HEARING;. CONDITIONAL USE PERMIT 97-020 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 97- 01.0 approving Conditional Use Permit 97-020 . BACKGROUND AND DISCUSSION On October 27, 1997, the Zoning Administrator conducted a public hearing for CUP 97-020; a request to authorize an ABC license in conjunction with a restaurant use at 640-C West , First Street . During the meeting, issues related to parking, deficiencies, permitted number of seats for the restaurant and un-authorized outdoor seating were identified. The Zoning Administrator continued the public hearing and requested clarification of these issues . The following provides an analysis of the parking and seating issues : ON-SITE PARKING The parking area for the Plaza On First contains thirty nine (39) - spaces . Four (4) of .the spaces in front of the .7-11 store are marked for 15 minute parking. The remaining thirty five (35) spaces are available to all customers at all times . Staff has periodically observed the parking flow of the site, especially during lunch. hours which was identified as the peak demand time . The parking area was 50 to 80 percent full' during most observations. Staff conducted observations of the' Plaza On First between October 29th and November 7th. A - summary of the observations is included as Attachment D. City Code Enforcement staff noted that the 7-11 store accepts periodic deliveries which require loading and unloading through the front of the store. The deliveries may occur between 12 : 00 and 1 : 00 p.m. , which could further impact the parking circulation .during those hours. However, based on the high turn over associated with the 7-11 customers, several open parking spaces were available at all times. City Code Enforcement staff also confirmed that during the remainder of the business hours there is - enough available parking to accommodate the uses -on this site. Zoning Administrator Report Conditional Use Permit 97-020 �- November 17, 1997 Page 2 NUMBER OF PERMITTED SEATS The proposed plans identify a total of- twenty two (22) seats . According to the parking summary included in the October 27, 1997 Zoning Administrator report, the restaurant use is authorized for fourteen (14) seats . However, further research of business license files revealed that the previous business at this location was authorized for fifteen (15) seats (Attachment B) . Therefore, Condition No. 2 . 9 of Zoning Administrator Action No. 97-010 has been revised to require a maximum of fifteen (15) seats as approved for the prior business unless additional parking can be provided. During the public hearing it was stated that the restaurant has been utilizing a section of the outdoor area adjacent to the parking area for seating. Staff confirmed that there were 6 to 8 seats outside the restaurant . Since the 'October . 27th meeting, no outdoor seating was observed. No outdoor seating is proposed at this time. Condition 2 . 5 requires approval of a separate Conditional Use Permit for any outdoor seating prior to installation. The Tustin Police Department expressed no concern related to the �,% application. Staff has included conditions contained in the City' s Alcoholic Beverage Sales Establishment- Guidelines. Based on the above analysis, the on-site consumption of alcoholic beverages in conjunction with a restaurant is appropriate and would not be detrimental to the health, safety or general welfare of the area. Minoo Ashabi Daniel FoK, AICP Assistant Planner Senior Planner MA:br:cup97020.2nd Attachments : Location Map Submitted Plans Attachment A - October 27, 1997 Zoning Administrator Report Attachment B - Business License Records Attachment C - Guidelines for Alcoholic Beverage Sales Establishment , Attachment D - Parking Monitoring Report } Zoning Administrator Action 97-010 if l �� LOCATION MAP,`�rr OJEU • _ f i - 1 TE MAP 08 WES FIRST � 135 130 12 5 137 ,43.�5.47.�4 f 740 145 -` 3' 755 :50 > [� { C 150 155 f l 1E5;• ` 165 fi 160 157 u 775j� lis f 170 155 1 170 7L5::1GL 1••5 f S80 '^ n " n nr n _.. D Si. 705 SECOND + las f 2c» I � Ir 270 U ri�ln�n may.. 22C 2>0 +`' f 230 2ZS 5 250 2 4 240 Z �5 260 235 I gra 25'5 1 f 270 p 2:5 270 w 254 •� v. `7 :SC c�mf,°�"10�c .ol [6G n inn r { 1310 r 220 1 335 f 11 no 0 , I 4• ... Cin.-y n n 'e�tie�u ,na� n "' � ^ r G `'.' WEST MAIN NO SCALE `a g am - • �-sx:N�Gr � - ABIGAIL ABBO'Ii rROF'L+S5IONAL OFFICE •;:. BUILDING 7 WEN r FbOil5IOR6 0 �k . - - ._ - - - - - Pig^:�, .•C Rv \ �f. SITE PLAN - - - --- - - - - -- - - --� rn � �N rm P . L A>` Z .A► 0 640 W GSZ' I=IRST �" i J _ S7 RHE STIN • CALIFORNIA o 1 ' CAS>ddsa� Sr� rrNabd V e � 1rvr�sn�� =1F� rr9ar d-J-Dy C•/ 3my�J� �y od7�b bayr-s!�L -J"-au f X5907 - 7 J33rJSaS� (h Q(i . ..bs oLb I { 1 CV d'+ *V1ly o r NOV cD -iNIfIDVW OSS-4d37 `ate m VW. // `nX vw ?;IJ joa dFja'PS �cyfar Ong-a?q i X9- 3 37,4 lr,A r3NOQ � • �n 0� � O � `�YI w 77Ll1 Vow 9�Q� Y�XoM srnw d N r� 1. SATE: Inter- Come Sr[' OCTOBER 27, 1997 i TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT - 97-020 APPLICANT: JOSEPHINE PINA GRUNER PINA' S BISTRO 640-C WEST FIRST STREET TUSTIN, CA 92780 OWNER: PLAZA ON FIRST ASSOCIATES 23010 LAKE FOREST DRIVE, SUITE E LAGUNA HILLS, CA 92653 ATTN: DAVID MELILLI LOCATION: 640-C WEST FIRST STREET L ' ZONING: FIRST STREET SPECIFIC PLAN - COMMERCIAL AS PRIMARY USE 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 AN EXISTING RESTAURANT. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 97- 010 approving Conditional Use Permit 97-020 . 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 640-C West First Street. Alcoholic beverage sales establishments ate permitted in association with a restaurant use subject to the approval of a i Conditional Use Permit. No outdoor seating is proposed (see Floor Plan) . �l ATTACHMENT A Zoning Administrator Report October 27, 1997 CUP 97-020 Page 2 Site and Surrounding Properties The restaurant occupies a 970 square-foot lease space within the Plaza-On--First center on the south side of First Street, west of Yorba Street. The tenant space is an interior space within a multi- tenant building facing First Street (see Site Plan) . Surrounding uses consist of a convenience store (7-11) to the east; Tustin Rehabilitation hospital and medical uses to the north; an office building to the west; and -residential uses along the south. There are no openings on the south elevation of the retail building which face residential uses. Parking Reguirements/Summary On August -28, 1989, the Planning Commission adopted Resolution No. 2668 for a lot consolidation and reciprocal parking/access bonus for the 5, 825 square foot multi-tenant retail center at 630 and 640 West First Street. Pursuant to Resolution No. 2668, a twenty (20) percent parking reduction was authorized, which reduced the number of required on-site parking from 29 spaces to 24 spaces. The reciprocal parking area for 610, 630 and 640 W. First Street provides 39 parking spaces. The convenience store (7--11) located at 610 W. First Street occupies 2, 400 square foot of this site, which requires 12 parking spaces. The residual number of twenty seven (27) parking spaces if equally distributed among tenants, results in 4 .5 parking spaces per tenant. With this configuration, Pina 's Bistro is allocated 4 . 5 parking spaces; and pursuant to the parking standards of the First Street Specific Plan, fourteen (14) seats are permitted for this restaurant. 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. The convenience store to the east of the subject property is licensed and- operates as a "Type 2011 establishment for off-site sale of beer and wine. Zoning Administrator Report October 27 , 1997 ti CUP 97-020 Page 3 The residential use to the south is immediately adjacent to the subject building. 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. 2 . Hours of Operation: Proposed business hours are 11: 00 a.m. to 9 : 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. A copy of the application for Conditional Use Permit 97-020 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 restaurant. Minoo Ashabi Daniel Foy/,r AZCP Assistant Planner Senior Planner ma:br:cup97020 Attachments: Location Map Submitted Plans Attachment A - Alcoholic Beverage Sales Guidelines Zoning Administrator Action No. 97-0,10 .a CI;I Or TO511b C17f DI 1OSIIb A►PLI[ATJDb 1S FOR; _MVA %:'UrATILYN/NUSJ■LSS XGu.1141 S LULL:1D. _ ANY VIOLATIO. Or COD[, hl SRE►RCS(N1►TJOA, r4LSL, MISLEAW N: D4 Ih:LMrLlll ANSYLNS Lw MIS IDNn till LAUSE Yk IS AM MATIOb TO ,^ b[ "kiElu W RLsa■DEU, ill ARL Aui RLIUllUA►LL, �•JJ ki[v-WJC orCS:41rT1I[.CITICUf01US1OliICK: FCl� � . �-:/ n-i,; i2z'( 11C 11 �1XISTI11C NOSINESS IN TUSTIN DIAR:IN: l il04. PNEf1UUs ADUKESS; O `uPUA11N: BJII%ESS LICEt SE XLCDWUS w AL L11S1INC 1uJ51NE55 Ib 111E C 1 L.i h. T h i CHANCE DF C31S11N: IuJSJNESS Ih IOSTIR, PRCYIUUS NAME; 11J1:Y•1 F f�•+ 11 f r r.tJ T L: IiUSIKLSS AAMC UW%(k OL CuxlA_7 P[RSDA 1� :�.'� �'111?_;_r_E u0X( PHONE [NJ c—l­:'I `.7'+L+ LUSIuLSS LO:ATIDN r;r• Irate` `�1• (;�- .\I C DESZ11i Or srS1kL55 (_,-� =I/• I '`' - �,/ L..LJrIC�'1 ;1 `�� co } 15 Muk B::SINCSS: IF YOUR BUSIRCSS 15 A CDNUIUATJUh OF TLLS[. LIST PtRCCN7A,;L5 Or'LA_H THAT APPLY: _OFFICE USE ONLY OFFICE D:CUPAXT LOAD > _NARLIUUSC USE ONLY T WARL7DOSL SWAXC FLET , INIJJSTRIAL USE ONLY _I )kUUSTRJAL k1Of L1[PLOT[ - WJn9CR RCTAIL USE GXLY �: RETAIL AT ;1L1S LDCATIUN =AlDi USE ONLY MIDLESALC O _5(SCNJ'1EL USE ONLY SERVICE Q _rES_KND WILL YOU PROYIOE A PUBLIC TkAKSPORTATIOw SLRYI_C? Sr _TL:wNC :L, :U::•U�11:tiE A S.^:IAL CLUh OL UA77X: Sl 6�}k _TES_NO WILL YOU PROYIO: POULIC DAY_IY:i _ YES ND ;-'J LL TOO PkOV'JUL LIVE LN7CRIAIMMEKTT 'TLS-tN0 WI Lt YOU IiSILLIAli POOL. RA.:ATCLLL, 00ii : ALLEYS, OR X3RE THAN TJYL 151 PIK4,LL D; CLELTRDK)C "IES7 _FES---���""j.MO WILL YOU PRDME A PRIVATE PATROL SCCY[CC7 Qpp —TLS_J�_XD WILL YOU OPERATE A BAT`:, SAUNA MI'lil, OL' 1uSSJL:C CSIADLISI:iii Z d TCSXO WILL TDO UE SOLICITIN:, LOOP 10 DOOR ON ON 711E TLLCHIDME7 ---\/ SES kill 6`1:1 TOUR IJUSINLsS .ELL, MANUTACTUXE OR HAYI mAIL DROER 'AWLT' BD04S, LIN:CRIE. HIR 70TS? _TLS_NO WILL YOU OPERATE A PAWR STOP, ANTIUUL STORE. OR OUSINLSS THAT BUYS 0; SILLS USED ITE!'-S" �11 YES ANO WILL lot! SELL CDALEALADLE Fill �y TES k0 WILL Mur LUSIXESS hAYE A IR1c:LART/RDBJ?ERT ALARMCn O _'L`�ND A:E TDO Di ANT JXT[KIDK OR ULTERIOR RLMDOLLIN: TX THE BUIL7IXC7 r TES NO ARE IOU 1HSIAll DR XLLOCATINC ANY INTERIOR PARTITIORS7 C —YES �NO WILL THERE BE ANY PLUMBIX:. ELECTRICAL, OR MCCMAKICAL WM INSIDE 0. DD757DE THE STRU:7U:IL7 _YES SND Lf LL MIT ACCESSORY SIILDS, COVERS, UR AKXINCS BE CONSTRUCTED FOR THIS LIUSIll TLS ANO N1 LL YOU DC CDNSTROCTIN: ANY S1CKS DC DISPLAYS OUTSIDE OF THE BUILDIHC7 _TESN NO WILL TDD IL STDRIN: ANY MA7LRIJLL5 OUTSIDE OF THE WILDIX:7 •� _TES�YxO WILL YOU BL STUNIMC ANT CLmr-ACIAt YEMICLLS, TOOLS., DR Eoullr iT D4' SITE? �--- _TCS NO WILL ANY E7LPLOTLES UE D!SPATCHED FROM YOUR II0.4-r7 {/J _TL5 r No WILL TOO HAVE ABOVE ON UHDEL GROUND TAkS57 C{57 llJ �TES_ND 15 YOU..;: DUILDIR: CURREkIiLI LOUPPCD W:TH FIRE SPRIXRLLRS? _ F5 ND 1S TUUX MU ILDI W: COkREVILY LUUrpLU WITH 11147 DR SM3KE DLTLCTORS7 _ -Z_YCS XC WILL WATER DE USED 19 TDUR MANUrACIUrIKC 01: PkOCESSIX:7 m TLS NO I LL TOUR 112S19ESS IXYOLVL T11E VSL 0r AMY OF THE FOLLDWJN:: r'T1 1�SO, T7i'CM) ORES? WODUYDXY;)N: I 1 -SPRAT PAJ97JNZ Q CHEMICAL PRO:ESSIJl MANUrA_TURIF:, PLA77X:, DR OTHER _ •� �LS_R1BE FULLY _ *COalli U4 CDMiLNL AL 1 VL U•_ 1R L4 I--� ULMICALS OF AXY Y,1NU, TK_LuupJ_• FOISDK:, CD"hROSIYES, A.M. FLA.•4O.BLES. y I_ COM1l, LTL. PLEASE LIST —SSORALC OF 1IM11 PILED S70_r, D: LA 5 KALA I••1•J•I DU'T COLLCCIIUN l 1i SPRAY UUDTII TOJN S:SIXLEs LO:A7IDN WILL DE GILCLLD BT IOXIXL, 1:,IILDIX:., XAITU. PDLICC, AND FIRE DEPAKIMrXT_, IF Y`U HAVE A97 Di THAT f n IUUP. LU4.111i LD:A71Oh, A:TIYITT, AND/DR MILD1111i SAES NOT CDXrDMM WITH 11Yi R:OUICLMEKTS DF 711E PUNICIYAL CDD'.. YOU ARE Ul �V-7�J i3 CDNTA:7 Tn ESi U:PAi;i M;xiS FOC )UP•TILCK IArDXMATJDN BEFDRE FILJM: Till: APJ'L 1CA71Oh, i 1! RC7ICE TD 1JO:lE D:C9PA:)D' APPLICANTS 7US71K CITY CODE SE:1304 197 D SL::189 11.:4 NUN: U:CUPA:IOX Is IJEREDT DEFINED AS CDLLOYS: AX D:CUDA:1Di CARRIED O+ ulO:.T W:7Ii1N A 01E11L1NC DY AN OCCUPANT v l TxL 6YL11N:, A'. x SLLOAO4R7 USE. IN CONNECTIDh WITH NI1rJl THERE Ii RD PERSON Ln!' 011D w1: iS NOT A RLSLKi x IDDr TME PXLe7sES, Au LITERIOR n1sli ND S7DCL-ib-TkADE OR CUr.•[7UITT SO:1I UPD4 1.1( YRCJS:SLS, N„ n[C1IACICAt OK ELCCIRICAL EDUIrMLK7 VsEL C3CLPT S'_> AS IS CUSTDx41ti FOR MDZ.[3:El : PURPOSES, i0 UU1_1UE OPEkATIONS Or. STDxACE, XD,AL7ERATID4 Or THL RESIDE9711.: Al•PLArJI':C[ OF 7YLL PREM:S[5, NO Sl.'Ll DISPLAYED. NO ACTIY(TT CUKDO:iLO k1lril 15 MA:AKIr1J5 To THE jEALT:. SAFEST DR L.! WEL,441 III 711E CCACkAL PUULJC, OR WIIGI DOTS S^011 DJs7. FUMES, 0:10M. VI0R,1T)UNS, CLARE OI: LLE_TR):AL DISTURULN:CS DAM AuT OTIILR PY.[Y.)SES, NO A:TIYITI 1P11DI C[NLXATLS CICCSs1YI PCOCSTRIAA TRAl IC D;: YEJIJCU.4C TKArr I: OR p4liXjh:C IN ill OF L 1-1A1 D7el1RW:SE XLQMALLY FOUND IN Till 7JINL, NO PAR1:J4: OR usL MADE Or ANY YCJLICLL li 074 TON CAXNTIO: EAPACITT. RD PARAIN: Jb TJIE ii, TARD. UCIYEhi OX 1MNCUYAILLT ADJA_L97 To TM: PREM:SC' Dr AK1 Y011CLC D[ARIX: ACT S1CX, SHEKI1rIL1.TIUh ON A7Y:671:[MEDS Or SHE IiOMC 0:LUPA7ID4, I OKJ:P.S:47'.,• TIYL: T.!;: APP_):A:IG3: Ali PATr.E1:7 Dr 1A3 9C5 kD: LICLRSC 1i: To OPERATE IYITIL I IIAYE r::Lr:ILED AL1 R(PUIRLMC97: 07 TIAL 1w it M?N:;:P4t C3GL. J 11i CEJ;:Irl UNOL4 PENALI? Or 1`111 THAT 1 NAPE XLAD Ak11 UMOLR::AND III[ ABOVE STAI(NEXTS. X r Rl z • 61-t O 1rA rY•.. 1'.1h. NAAL M. 111.E 1 +11 ATTACHMENT BUSINESS LICENSE TAX APPLICATION OFFICE USE'+ONLY This apPI icktion is for: Date G 7 f✓__ },rCITY OF TUSTIN Business BUSINESS LICENSE DIVISION Fee Paid CITY OF TUSTIN Home Occupation Receipt OUTSID£.Sarvice or Contractor CITY OF TUSTIN Accepted By._ doing business in TustinBusiness Type CHANGE OF:OWNERS4I?. List previous300 ntennlal Way Classlficattan owner: Tustin, CA 92680 Ordinance " Planning Approval PRINT OR TYPE APPLICATION. ALL ITEMS MUST BE ANSWERED IN ORDER TO PROCESS THIS APPLICATION. Account Humber rnn oete in Tustin 10 {Business Name—_ '�� := (.1� LL�� r I �ti�7 I Telephone Scree: Address G CI tyyStata�-Zia 14iling Address City Statefzip Full D crip_ion of Business t Resale Tax ! •� -<-% l�=;t State Contractors License .I/C1.a3iification DUHERSHIP TYPE AND PRDYIDE TAXPAYER I.D. i I ]LSole Owner - Social_ 5ecur Ity t _Partnership - Federnl/State Identifieatton. ! Corporstion.- Fedarnl/S=ate identi'ieation 1 Ousincss Owner �AOf_ai i�Rll _Title SName o: loLl wner, artnar, or Presi dent Hare Address 4 CitY. =7�(✓1= _Statec;i zip�.�z[„_ Home Phonc{.Z�d-} ! L2 ]!iz Drivers License I/State x CONTACT INFORUiATION List Officers, Partners, and Local Agent or Representative as Appllicable i Name Hot= Address City State!zip Hone Phone i } Drivers License 1/State i Nane Ti tie Home Address City Sute Zip Home Phone ( ) Drivers ticense I/State EMERGENCY CONTACT FOR BUSINESS Name Ti tl e Ron, Arlrlrvs6 City S;uLp__Zip Em,rpeney' phoRa ( ) Drivers- License /•/State `Ger win businesses and/or professions may require a hearing Dafore -he License and Perpnit Board, for which an additional fee will, be charged. In some instances, fingerprinting and/or background checks will be required, also at an additional charge. I hereby declare, undor penalty of perjury, that the foregoing informatfon is true and- eorre;t. As a condition for the issuance of the license applied for. I agree to submit any. additional infornation that may be required AND TO CONDUCT ALL PHASES OF THIS BUSINESS IN CONFORMANCE WITH ALL APPLICABLE LAWS, ORDINANCE5 AND REGULATIONS ESTABLISHED FOR SUCH SUSINE5�SJ�ROF£SS1DN, .r G0ATU - , PARTNER, OR CORPORAT77FTM . PR.7HTEDNAMEITITLE Dau Telephone(JI f (o61 92,'113 Drivers License.1 e-o (p5 r;��AZ , f . 1 ' 1 RESOLUTION NO. 3366 2 A RESOLU'T'ION Oi• 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 •11 conjunction with a restaurant use as follows: - 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 supervised by someone twenty-one years of age or older. 16 Supervisor shall be present in same area as point of sale. 17 0 , 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 0 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 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 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 281 . twenty-one years of age or older. ATTACHMENT C Resolution No. 3366 o Hours of operation are limited to the 'hours of 3 to (hours are identified depending on the type of operation) . o IF Loitering" signs shall be posted at the entrance of the business :or other specified 5 .location(s) . O No poll tables or coin operated aames - 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 f ive (5) . f eet 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 12 container. o No sales or distribution :of alcoholic beverages 13 shall be made from a drive-up or walk-up window. o All latter shall be removed from the exterior areas around the premises including adjacent public sidewalk areas, and parking areas no less - = frequently than. once each day that the ,business is open_ 16 o For establishments selling alcoholic beverages and gasoline, no signs advertising alcoholic beverages 171 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. o All persons serving alcoholic beverages shall be 22 twenty-one years of age or,, older. 23 o "No Loitering" signs shall be posted at the entrace of the business or other specified loca:tiori (s) . o No pool tables or coin operated games are allowed 241 at this location. o No alcoholic beverages shall be consumed on any 25I 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 less, frequently than once each day that the business is' open. l I 01, ISO J 61J 1 I ' 2 � 3 a Public telephones inside and adjacent to the establishment shall be modified to prevent in- 4 coming calls . 5 E. That each Conditional 'Use Permit application for an alcoholic beverage sales establishment shall 'be reviewed, 6 based' upon location and type of such establishment, and sid coneration of the followin • g guidelines : 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 13included on the State issued Alcoholic Beverage license, 15 and failure to comply with any of the foregoing conditions shall be grounds for sus of the license. pension or revocation 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 J TKASAZ*E4'��20Chair ! # 22 BARBARA t�EY S 231 Recording Secretary ' 24 25 261 271 , 281 rl:i .=0. 335 I: 2 f STATE O. CALIFORNIA ) 3 COUNTY OF ORA-NGE CITY OF TUSTIN } c 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 `z BARBARA REYES 11.1 Recording Secretary 121 13 * peresos\3366.ru 1d 16 17 is 19' 20 21 22 }i} i 23 24 25 261 1 V` PINA' S BISTRO PARKING MONITORING October 29,- 3997 12 : 35 p.m. , 6 open spaces November 3 , 1997 1 : 0'0 p.m. 9 open spaces November 4 , 1997 12 : 15 p.m. 8 open spaces November 6, 1997 12 :40 p.m. 7 open spaces November 7, 1997 12 : 15 p.m. 6 open spaces ATTACHMENT D 1 ZONING ADMINISTRATOR ACTION 97-010 CONDITIONAL USE PERMIT 97-020 2 The Zoning Administrator of the City of Tustin does hereby resolve 3 as follows : a_ I . The Zoning Administrator finds and determines as follows : 5 A. That a proper application for Conditional Use Permit 97- 6 020 was filed by Josephine Pana Gruner requesting authorization to obtain a license for the on-site sales 7 and consumption of beer and wine (ABC License Type 114111 ) in conjunction with an existing restaurant located at 8 640-C West First Street, Tustin. 9 B. That the proposed use is allowed within the First Street Specific Plan, in areas designated as Commercial as 10 Primary Use, with the approval of a Conditional Use Permit. 11 C. That a public hearing was duly called, noticed and held 12 on said application on October 27, 1997 and continued to November 17, 1997 by the Zoning Administrator. 13 D. That the establishment, maintenance, and operation of the 14 use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, 15 comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be 16 a detriment to the property and improvements in the neighborhood of the' subject property, nor to the general 17 welfare of the City of Tustin as evidenced by the following findings : 18 1. The proposed project complies with adopted Planning 19 Commission guidelines for alcoholic .beverage sales establishments which have been established and 20 considered to mitigate potential impacts associated with the sale of alcohol in conjunction with 21 restaurants. 22 2 . The sale of beer and wine would be for on-site consumption only. 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 pzepared on the. premises. 26 4 . No billiard tables, coin operated games, dancing or 27 entertainment are proposed on the restaurant premises. 28 1 Zoning Administrator Action 97-010 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. 97-020 authorizing the on-site sale and consumption 11 of beer and wine (ABC License Type 114111 ) in conjunction with an existing restaurant located at 640-C West First 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 17th day of November, 1997 . 15 16 17 RICK BROWN, C.B.O. Zoning Administrator Designee 18 19 20 BARBARA REYES Recording Secretary 21 22 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 23 CITY OF TUSTIN ) 24 I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of 25 Tustin, California; that Zoning Administrator Action No. 97-010 was passed and adopted at a regular meeting of the Tustin Zoning ---� 26 Administrator, held on the 17th day of November, 1997 . 27 BARBARA REYES 28 Recording Secretary i� E I EXHIBIT A ZONING ADMINISTRATOR ACTION 97-010 CONDITIONS OF APPROVALi CONDITIONAL USE PERMIT 97-020 GENERAL (1) 1. 1 The proposed project shall substantiaily 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 F14111 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--020 is contingent upon the' anplicant signing and returning an "Agreement to Conditions Imposedlf form as established by the Director • of Community Development . (1) 1.4 Conditional Use Permit 97-020 authorizes ABC License Type "4111 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 . (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. Proposed hours 'of operation are 11 : 00 a.m. to 9 : 00 p.m. , Monday through Sunday. SOURCE CODES -r- --- (1:) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING -CODE/S (7) PC/CC POLICY s (4) DESIGN REVIEW *** EXCEPTION �� Zoning Administrator Action 97-010 Exhibit A - Conditional Use Permit 97-020 November 17, 1997 Page 2 (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 sale 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 . 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 parking spaces permitted for the previous restaurant tenant, the applicant is authorized a maximum of fifteen (15) 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 . FEES (1) 3 .1 Within rorty-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 tc challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.