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HomeMy WebLinkAboutZA Action Minutes 12-11-19 ACTION MINUTES ZONING ADMINISTRATOR MEETING DECEMBER 11, 2019 CALL TO ORDER: 10:00 a.m. Community Development Conference Room ROLL CALL: Elizabeth Binsack, Zoning Administrator PUBLIC CONCERNS: None CONSENT CALENDAR: None PUBLIC HEARING: Opened the Public Hearing at 10:00 a.m. 1. CONDITIONAL USE PERMIT (CUP) 2019-00019 APPLICANT: SCOTT TERHEGGEN S&D BARS LLC 21080 KENSINGTON LANE LAKE FOREST, CA 92630 PROPERTY OWNER: CHIKASAWA FAMILY TRUST C/O REMARC PROPERTY MANAGEMENT 24800 CHRISANTA DRIVE, #130 MISSION VIEJO, CA 92691 LOCATION: 1060 WALNUT AVENUE REQUEST: To upgrade an existing ABC license to allow on-site alcoholic beverage sales of beer and wine in conjunction with an existing bar establishment. ENVIRONMENTAL STATUS: This project is categorically exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. RECOMMENDATION: That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 19-008 approving CUP 2019-00019 to authorize the sale of alcoholic beverages for on-site consumption in conjunction with an existing 1,560 square-foot bar establishment (The Walnut Room) located at 1060 Walnut Avenue. Zoning Action Minutes December 11, 2019 Page 2 The Zoning Administrator confirmed with Ms. Jessica Aguilar, Associate Planner, the applicant's request to upgrade the current ABC license (Type 40) to a Type 42 ABC license with the existing bar establishment (The Walnut Room). The Zoning Administrator stated she had reviewed the staff report and did not need a presentation. The Public Comments section was opened at 10:02 a.m. Mr. Scott Terheggen, applicant, and his partner, Darlene Christy, were in attendance. Mr. Terheggen provided a brief background description and the reason for his application regarding The Walnut Room. The Zoning Administrator asked Mr. Terheggen if he had a bona fide eating establishment, which he stated he did not. He explained that a bona fide eating establishment would require him to have a Type 41 ABC license, which he does not have. Snacks are available at The Walnut Room. The Zoning Administrator also asked Mr. Terheggen if he had the opportunity to review ZAA 199-008, including the Conditions of Approval. Per the Zoning Administrator, although the Conditions of Approval do not specify how much food is required, it does identify food is to be present any time alcohol is for sale. Mr. Terheggen added that The Walnut Room encourages consumption of food therefore patrons are allowed to bring in outside food, if they so choose to. The Zoning Administrator asked both Mr. Terheggen and Ms. Christy if they both worked at The Walnut Room in order to ensure one or both of them are primarily present during operating hours. Both Mr. Terheggen and Ms. Christy confirmed they are present the majority of the time. Ms. Christy bartends and Mr. Terheggen manages and maintains The Walnut Room. Mr. Terheggen reviewed the Conditions of Approval and asked, if he was approved for the Type 42 ABC license, he would like to pull a banner permit; however, he was confused by the language in Condition 2.24 ("would have no exterior advertising directed to the exterior from within"). The Zoning Administrator responded that Condition 2.24 is not intended to mean that the applicant could not have a temporary advertising banner. Ms. Aguilar further explained that the language within Condition 2.24 referred to the advertising "for sale" neon lights on windows from the interior to the exterior of the establishment. Mr. Terheggen said he had a "Bar Open" sign only. It was noted Mr. George Estrada, Tustin resident, was in attendance for this item. He voiced his concern with the overall shopping center, specifically, the recycling center. Mr. Estrada did not believe adding more liquor to The Walnut Room would improve the overall shopping center. He also asked if any sales tax is associated with the sale of alcohol at the Walnut Room. The Zoning Administrator did confirm there is sales tax associated with the sale of alcoholic beverages at The Walnut Room. Mr. Estrada also asked if the City concentrates bars in the 92780 zip code area. Per the Zoning Administrator, no, the City does not concentrate bars in the 92780 zip code area. The City used to have a more conservative approach to the sale of alcoholic beverages and in 2018, the City Council changed its rules related to both off-site and on-site consumption rules of alcoholic beverages, which modified some of the rules. Otherwise, the applicant Zoning Action Minutes December 11, 2019 Page 3 would have not been allowed to ask for a Type 42 alcohol license. What the applicant is proposing and what is within the report, are consistent with the City's guidelines. The Zoning Administrator further explained, that if the applicant is in violation of those guidelines, not only could this approval be revoked, their underlying permit could be revoked. The Zoning Administrator strongly advised the applicant to abide by the guidelines. Mr. Estrada asked if there had been any police reports on any criminal activity within the shopping center. The Zoning Administrator stated there was one (1)police report for The Walnut Room several years ago, but there have not been any, as of recent. She advised Mr. Estrada that if he is aware of any code violations occurring at the shopping center, he can discuss with one the City's Code Enforcement Officers. Mr. Estrada also voiced his concern with the number of people gathering in front of The Walnut Room during any evening. The Zoning Administrator explained to Mr. Estrada the additional conditions (and rules) when any Tustin establishment requests to serve more alcohol. More specifically, "no loitering" is included in the Conditions of Approval, which Mr. Estrada had a copy of the agenda report. It will be incumbent upon the applicant to enforce. If it becomes a police matter or a criminal matter, City staff will consider revocation of the applicant's permit. Again, Mr. Estrada voiced his concern with the concentration of recycling centers and bar establishments in the 92780 zip code area. The Zoning Administrator stated that the 92780 zip code area is very large and two (2) zip codes in the City of Tustin. The Zoning Administrator closed the Public Comments Section at 10.15 a.m. The Zoning Administrator modified one (1) of the findings within the Conditions of Approval (Finding #4). She asked Ms. Aguilar to strike the language and replace with "the proposed on-site consumption of beer and wine, within an existing bar establishment is consistent with the alcoholic beverage sales establishment guidelines Tustin City Code Section 9271c and Ordinance No. 1493 that support Economic Development opportunities to remove hurdles and zoning obstacles that have prohibited the expansion and/or attraction of alcoholic beverage establishments in the City". The Zoning Administrator adopted ZAA 19-008. This is a final action, unless it is appealed. There is a ten (10)day appeal period with which Mr. Estrada (or anybody) could appeal. If appealed, the item would go before the Planning Commission, as a public hearing. The Planning Commission would hear the item as a whole new hearing. If the Planning Commission approves the item, it can be appealed by the City Council and their action would be final. Zoning Action Minutes December 11, 2019 Page 4 The Public Meeting was closed at 10:15 a.m. REGULAR BUSINESS: None ADJOURNMENT: The date of the next meeting of the Zoning Administrator will be scheduled when items are set for hearing.