HomeMy WebLinkAboutZA 97-006/CUP 97-07
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ZONING ADMINISTRATOR ACTION 97-006
CONDZTZO~ USB PBRMZT 97-007
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The Zoning Administrator of the City of Tustin does hereby resolve
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The Zoning Administrator finds and determines as follows:
A. That a proper application for Conditional Use Permit 97-
007 was filed by Luigi and Amy Ravetto requesting
authorization to obtain a license for the on-site sales
and consumption of beer and wine (ABC License Type "41")
in conjunction with a restaurant located .at 498 East
First Street, Tustin.
B. That the proposed use is allowed within the First Street
Specific Plan, in areas designated as Commercial as
Primary Use, with the approval of a Conditional Use
Permit.
c. That a public hearing was duly called, noticed and held
on said application on May 19, 1997 by the Zoning
Administrator.
D. That the establ.ishment, maintenance I and operation of the
use applied for will not, under the circumstances of this
case, be detrimental to the health, safety, morals,
comfort, or general welfare of the persons residing or
working in the neighborhood of such proposed use nor be
a detriment to the property and improvements in the
neighborhood of the subject property, nor to the general
welfare of the City of Tustin as evidenced by the
following findings: .
1. The proposed project complies with adopted
guidelines for alcoholic beverage sales
establishments whiqh have been established and
considered to mitigate potential impacts associated
with the sale of alcohol.
2. The sale of beer and wine would be for on-site
consumption only.
3 · The sale of alcohol would only be authorized in
conjunction with a restaurant use. Sales of beer
and wine will be permitted only when food is
available. Food provided will be prepared on the
premises.
4. No billiard tables, coin operated games, dancing or
entertainment are proposed on the restaurant
premises.
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Zoning Administrator Action 97-006
Page 2
5. All persons serving beer and wine will be eighteen
(18) years of age or older and supervised by
someone twenty-one (21) years of age or older. The
supervisor will be present in the same area as
point of sale.
E. That this proj ect is Categorically Exempt from the
requirements of the California Environmental Quality Act,
pursuant to Section 15301 (Class l).
F. That the project has been reviewed for consistency with
the Air Quality Sub-element of the City of Tustin General
Plan and has been determined to be consistent with the
Air Quality Sub-element.
The Zoning Administrator hereby approves Conditional Use
Permit No. 97-007 authorizing the on-site sale and consumption
of beer and wine (ABC License Type "41") in conjunction with
a restaurant located at 498 East First Street, subject to the
conditions contained within Exhibit A, attached hereto.
13 PASSED AND ADOPTED by the Zoning Administrator of the City of
Tustin at a regular meeting held on the 19th day of May, 1997.
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RICK BROWN, C.B.O.
Zoning Administrator Designee
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BARBARA REYES
Recording Secretary
2i STATE OF CALIFORNIA ),
COUNTY OF ORANGE )
22 CITY OF TUSTIN )
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I, BARBARA REYES, the undersigned, hereby certify that I am the
Recording Secretary of the Zoning Administrator of the City of
Tustin, California; that Zoning Administrator Action No. 97-006 was
duly passed and adopted at a regular meeting of the Tustin Zoning
Administrator, held on the 19th day of May, 1997.
BARBARA :I:r-
Recording Secretary XSVEL1
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BXHJ:B:IT A
ZONING ADMINISTRATOR ACTION 97-006
CONDITIONS or APPROVAL
CONDITIONAL USB PBRMIT 97-007
GBNBRAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans date stamped May 19, 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
"41" is obtained from ABC and the sale and consumption of
bee.r 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 97-007 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 97-007 authorizes ABC License Type
"41" 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.
SOURCE CODES
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(1)
(2)
(3)
(4)
STANDARD CONDITION
CBQA MITIGATION
UNIPORM BUILDING CODE/s
DBSIGN REVIEW
(5) RBSPONSIBLB AGBNCY RBQUIRBMENT
(6) LANDSCAPING GUIDBLIHBS
(7) PCICC POLICY
*** BXCBPTION
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Zoning Administrator Action 97-006
Exhibit A - Conditional Use Permit 97-007
Conditions of Approval
May 19, 1997
Page 2
us. RBSTRJ:CTIONS
(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.
{2} 2.3 The menu of the restaurant shall consist of foods that
are prepared on the premises.
(2) 2.4 Authorization for the on-site sales of beer and wine {ABC
License Type "41"} is contingent upon the use of the
subj ect premises remaining a restaurant. Should this use
cha~eor 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 Ii ve entertainment on the premises at any
time.
(2) 2. 7 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.
(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 Applicant shall obtain.all necessary permits from the
Building. Department prior to construction of any
improvements that require a permit pursuant to the
Uniform Building Code and Tustin Municipal Code.
(5) 2.10 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.
XSv€~I-%
Zoning Administrator Action 97-006
Exhibit A - Conditional Use Permit 97-007
Conditions of Approval
May 19, 1997
Page 3
(5) 2.11 The applicant and/or property owners shall be responsible
for the daily maintenance and up-keep of the facility,
including but not limited to trash removal, painting,
graffiti removal and maintenance of improvements to
ensure that the facilities are maintained in a safe,
clean, sanitary and attractive manner. All graffiti
shall be removed within 72 hours of a complaint being
transmitted by the City to the property owner. Failure
to maintain said structures and adjacent facilities will
be grounds for City enforcement of its Property
Maintenance Ordinance, including nuisance abatement
procedures.
(5) 2.12 Opaque materials and signage shall not cover more than 25
percent of the aggregate area of all windows and doors of
the restaurant.
(5) 2.13 All signs, including any change of copy, require review
and approval by the Communi ty Development Department
prior to installation.
(4) 2.14 A maximum of 56 seats is authorized 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.
PBBS
(1) 3.1 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
Community Development Department.
(1) 3.2 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
COtJN'1'Y CLRR1t 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.
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