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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 Re irements Summar
On August 28, 1989 , the Planning Commission adopted Resolution No.
2668 for a lot consolidation and reciprocal parking/access bonus
for the 51825 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, PinaIs
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 'CityIs
Alcoholic Beverage Sales Establishment Guidelines (Attachment A)
- and the above-notdd 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 20".
establishment for off-site sale of beer and wine.
Zoning Administrator Report
October 27, 1997
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 at
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.
r
Minoo Ashabi Daniel Foxy, AICP
Assistant Planner ,Senior Planner
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Attachments: Location Map
Submitted Plans
Attachment A - Alcoholic Beverage Sales Guidelines
Zoning Administrator Action No. 97-010 '
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1 RESOI.,UTION NO. 3366 9
2 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
alcoholic beverage sales establishments.
9
B. That certain standard. conditions shall be required on 'on-
10. site alcoholic beverage sales establishments in
conjunction with a restaurant use 'as follows:
11
O All alcoholic beverages shall be consumed on site.
12 _ o Authorization for on-site sales of beer and
wine/liquor sales is contingent upon the use of the
13 subject site remaining a .restaurant. At such time
the •restaurant use is discontinued the use permit-
14 becomes null and void.
o All persons serving alcoholic beverages must be
15 eighteen years of age or older and supervised - by
someone twenty--one years of age or older.
16 Supervisor shall be present in same area as point
of sale.
17 o Hours of operation are limited to the hours of
a.m. to p.m. (hours are identified
18 depending on the type of operation) Food- must, be
served during these hours.
19 o The menu of the restaurant shall consist of foods
that are prepared *on the premises.
20 a No outdoor seating is allowed at this location.
o No ' bars type seating is allowed.
21 o There shall be no pool tables or coin operated
22
games on. -the premises at any time.
_
C. That certain standard conditions shall be required of
23 off-site sales establishments as follows:
24 o Authorization for off-site sales of beer and
wine/liquor is contingent upon the usef 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
28 twenty-one years of age or older.
ATTACHMENT A
f
Resolution No. 3366
Page 2
II •
Z
0 Hours of operation are limited to the hours of
3 to (hours are identified depending
on the type of operation) .
41 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 consuriied 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
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 sellming alcoholic beverages and
gasoline, no signs advertising alcoholic beverages
17 may be visible from the exterior of the building or
on gasoline pumps or islands.
18 o Public telephones inside and adjacent to the
establishment shall be modified to prevent in--
19 coming calls.
20 D. That certain standard conditions shall be required of on-
site sales establishments as follows:
21
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) .
o 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 � o All litter shall be removed from the exterior area
around the premises including adjacent public
s, sidewalk areas and parking areas no less frequently
than once each day that the business is open.
1Ze:;o��:L`ion No. 3366
Pa g e 3,
2
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;
16
2 . Protected uses, such as places of worship, parks,
schools, hospitals, clinics; convalescent homes .
11
3 . Other similar uses; selling or serving alcohol;
_
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
MAkJo_:TT�& KAS E
20
Chair son
-
21
22 - EYiS '
23 Recording Secretary
24
25
26
27
c. r •5
28
1,Jo. 3366
Pagc r
1 �
STATE OF CALIFORNIA )
3 COUNTY OF ORANGE }
CITY OF TUSTIN )
4
S
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 2Sth day of September., 1995 .
8
9
10 �/ d �
BARBARA REYES
11 Recording Secretary
12
13. Pcresos13366.ru
14
16
17
18
19
20
21
22
23
24
25
26
27
ZONING ADMINISTRATOR ACTION 97-01.0.
CONDITIONAL USE PERMIT 97=020
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-
6 020 was filed by Josephine Pina 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 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 prepared 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.
�3
14 PASSED' AND ADOPTED by the Zoning Administrator of ' the City of
Tustin at a regular meeting held on. the 27th day of October, 1997.
15
16
17 RICK BROWN, C.B.O.
Zoning Administrator Designee
i8
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
passed and adopted at a regular'. meeting of the Tustin Zoning
�6 Administrator, held on the 27 day of October, 1997.
27
BARBARA REYES
28 Recording Secretary
EXHIBIT A
ZONING ADMINISTRATOR ACTION 97-010
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 97-020
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans date stamped October. 27, 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 97-020 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--020 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 ori-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.
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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 .
Zoning Administrator Action 97-010
Exhibit A - Conditional Use Permit 97-020
October 27, 1997
Page 2
(2) 2 .4 Authorization for the on-site sales of beer and wine (ABC
License Type 114111 ) is contingent upon the use of the
subject premises remaining a restaurant. ' Should this use
change or be discontinued, authorization for this use
permit is null and void.
(2) 2 .5 No outdoor seating shall be permitted unless a separate
Conditional Use Permit is approved pursuant to the current
provisons. 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 provided parking spaces, the
applicant is authorized to a maximum of fourteen (14) 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 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.