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HomeMy WebLinkAboutZAA 05-013ZONING ADMINISTRATOR ACTION 05-013 CONDITIONAL USE PERMIT 05-009 1641 EDINGER AVENUE, SUITE 101 The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 05-009 was filed by Sin, Yong Kun, on behalf of Maki-Zushi, to authorize the sales of beer and wine for on-site consumption (ABC License Type 41) in a bona fide public eating place and to construct an outdoor dining area in conjunction with a restaurant use located at 1641 Edinger Avenue, Suite 101. B. The proposed use is consistent with the requirements of the Industrial (M) zoning district in that a conditional use permit is required for restaurant uses and for outdoor dining. Conditional Use Permit (CUP) 02-026 approved the restaurant use and the subject application is appropriate for the outdoor seating component of the business. C. The proposed use is consistent with the policies of the Industrial General Plan land use designation which provides for the establishment of light industrial and commercial uses. The project has been determined to be consistent with the Air Quality sub-element of the City of Tustin General Plan in that the project has no "Daily Thresholds of Potential Significance for Air Quality" as indicated in Table 6-2 of the South Coast Air Quality Management District's CEQA Air Quality Handbook. D. The proposed use is in compliance with the conditions of approval contained in Conditional Use Permit (CUP) 02-026 and Design Review (DR) 02-032 which approved uses for the center, center architecture, and center parking. E. That the establishment, maintenance, and operation of an outdoor dining area and the sales of beer and wine for on-site consumption in conjunction with a bona fide restaurant 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: a. The proposed outdoor dining use is consistent with the zoning and development standards for the property and will operate in accordance with policies and requirements of the Guidelines for Zoning Administrator Action 05-013 July 18, 2005 Page 2 Outdoor Seating as established by Planning Commission Resolution No. 2490 in that: • The outdoor patio area is physically and clearly defined; • Access to the outdoor seating area is through an interior door from the restaurant; • The outdoor seating area does not obstruct vehicular or pedestrian traffic flow; • The proposed patio enclosure for outdoor seating is compatible with the design of the main structure; • The architecture of the proposed patio structure is compatible and consistent with the design of the center. • The outdoor playground area is separated by a permanent barrier and no dining and alcoholic beverages shall be allowed in the playground area. • The proposed outdoor dining area is not in close proximity to any residential, school, or religious worship use in that it is located in a commercial center with a self storage facility to the east, an on-site retail building and Edinger Avenue to the south, Red Hill Avenue to the west, and railroad tracks to the north. b. The proposed sales of on-site beer and wine is allowed within the Industrial (M) zoning district with the approval of a Conditional Use Permit and is consistent with the approved Conditional Use Permit 02-026 which allows the establishment of retail uses and restaurants in the Industrial land use designation. c. As conditioned, the proposed on-site consumption of beer and wine is consistent with the Alcoholic Beverage Sales Establishment Guidelines amended by the Planning Commission and adopted by the City Council on May 21, 2001. d. The on-site consumption of alcoholic beverages would be in conjunction with a restaurant where food will be served at all times when alcoholic beverages are served. As conditioned, no ancillary bar use would be able to be established at the subject location. Zoning Administrator Action 05-013 July 18, 2005 Page 3 e. The restaurant use is located within a retail center and a commerciaVindustrial corridor along Red Hill Avenue and Edinger Avenue where a variety of retail, office, and restaurant uses are located. The characteristics of the restaurant use, hours of operation of the restaurant, and outdoor dining area would be similar to other restaurants in the center and in the vicinity. f. As conditioned, the outdoor seating would be limited to a maximum of eight (8) seats and the indoor dining of thirty-six (36) seats for a total of forty-four (44) seats. The proposed outdoor seating can be accommodated by 124 parking spaces currently provided at the center. g. The proposed hours of operation are from 11:30 a.m. to 10:00 p.m. Monday through Saturday and closed on Sunday consistent with Condition 5.3 for CUP 02-026 which limits commercial activities at the center from 7:00 a.m. to 10:00 p.m. daily D. This project is Categorically Exempt pursuant to Section 15301, Class 1, Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). E. That a public hearing was duly called, noticed, and held on said application on July 18, 2005, by the Zoning Administrator. The Zoning Administrator hereby approves Conditional Use Permit No. 05-009 authorizing the sales of beer and wine for on-site consumption (ABC License Type 41) in a bona fide public eating place and to construct an outdoor dining area in conjunction with a restaurant use located at~1641 Edinger Avenue, Suite 101 subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 18th day of July, 2005. 4 ELOISE HA S RECORDING SECRETARY DANA OGDON ACTING ZONING ADMINISTRATOR Zoning Administrator Action 05-013 July 18, 2005 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, 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. 05-009 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 18th day of July, 2005. ELOISE HARRIS Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 05-013 CONDITIONAL USE PERMIT 05-009 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped on July 18, 2005, the date of approval, 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 the State Department of Alcoholic Beverages Control 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 All conditions in this Exhibit shall be complied with prior to the establishment of alcoholic beverage sales and/or outdoor dining or as specified, subject to review and approval of the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 05-009 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. Failure to comply with the conditions of approval shall be grounds for revocation of the conditional use permit. (1) 1.5 Conditional Use Permit 05-009 authorizes ABC License Type "41"for the on- site sale and consumption of beer and wine in conjunction with a bona fide eating place. SOURCE CODES (1) STANDARD CONDITION (5) (2) CEQA MITIGATION (6) (3) UNIFORM BUILDING CODES (7) (4) DESIGN REVIEW *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A Zoning Administrator Action 05-013 July 18, 2005 Page 2 (1) 1.6 As a condition of approval of Conditional Use Permit 05-009, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third-party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.7 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement, action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. *** 1.9 Conditional Use Permit 05-009 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 05-009, or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.10 No change or alteration of the tenant space shall occur without prior approval of the Community Development Director. Modifications to the floor area including removal of fixed seats, services, and/or operation of the business may require consideration of a new Conditional Use Permit. 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, with the exception of the provisions stated in the Business and Profession Code Section 23396.5 and 23401. Exhibit A Zoning Administrator Action 05-013 July 18, 2005 Page 3 (5) 2.2 The total number of interior seats shall not exceed thirty-six (36) seats and the outdoor seats shall not exceed eight (8) seats for a total of forty-four (44) seats, 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. (5) 2.3 The outdoor playground area shall be separated with a permanent barrier from the outdoor dining area, and no dining and/or alcoholic beverages shall be consumed in the playground area. (5) 2.4 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: Monday-Saturday 11:30 a.m. to 10:00 p.m. Sunday closed (1) 2.5 The menu of the restaurant shall consist of foods that are prepared on the premises. (5) 2.6 Authorization for the on-site sales of beer and wine (ABC License Type "41 ") 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. (5) 2.7 The restaurant shall operate within all applicable State, County, and Tustin City Code provisions, including the City of Tustin Noise Ordinance. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject Conditional Use Permit, as provided by the Tustin City Code. (2) 2.8 "No Loitering" signs shall be placed near the entrance on the outside of the premises or in other specified locations where alcoholic beverages are sold. (2) 2.9 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. (2) 2.10 An approved live entertainment permit is required prior to establishing any dancing or live entertainment on the premises. Exhibit A Zoning Administrator Action 05-013 July 18, 2005 Page 4 (1) 2.11 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (5) 2.12 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 the same area as the point of sale. (2) 2.13 Exterior public pay telephones shall be prohibited and interior public pay phones shall be programmed to prevent incoming calls. (2) 2.14 Business operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (5) 2.15 To verify that gross annual sales of food exceed the gross annual sales of alcoholic beverages, an audited financial statement shall be provided for review and approved by the Community Development Director annually. If the audited financial statement demonstrates that the sales of alcoholic beverages exceeds the sales of food, then the sale of alcoholic beverages shall cease immediately until it can be determined whether the use is operating as a restaurant or a club that would be subject to distance separation requirements. (7) 2.16 The applicant shall provide trash receptacles in the outdoor dining area and parking lot, and the dining areas and parking lot shall be cleaned on a continual, daily basis for removal of litter and food items. (7) 2.17 The proposed outdoor dining area shall be setback a minimum of five (5) feet from the parking lot. (7) 2.18 No outdoor music or public address system shall be permitted. (7) 2.19 All exterior patio lighting shall be completely contained within the patio area. BUILDING DIVISION (3) 3.1 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. Building plan check submittal shall include the following: • Four (4) sets of construction plans, including drawings for mechanical, Exhibit A Zoning Administrator Action 05-013 July 18, 2005 Page 5 plumbing and electrical. • Structural calculations, two (2) copies. • Title 24 energy calculations, two (2) copies. • Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on site and off site where applicable. • Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (3) 3.2 At plan check submittal, please define the building use on the plans and identify occupant load. (3) 3.3 At plan check submittal, please review 2001 California Building Code Chapter 10 for minimum egress requirements in Table 10A. (3) 3.4 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. (3) 3.5 A level floor or landing shall be provided at all doors. This area shall have a minimum length of 60 inches in the direction of the door swing and 48 inches in the opposite direction of the door swing. (3) 3.6 All new glass doors and windows, in or adjacent to doors, shall be tempered per 2001 California Building Code Section 2406.4. (3) 3.7 Prior to permit issuance, clearances from the following will be required: Orange County Health Department, Orange County Fire Authority. (3) 3.8 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, indoor/ outdoor dining areas, and public telephones shall be accessible to persons with disabilities. (1) 3.9 Prior to issuance of demolition, precise/rough grading, and/or building permit with valuation of $50,000 or greater, the applicant shall submit for approval by the City of Tustin Construction & Demolition (C&D) debris collection, disposal, and diversion information on the City-prescribed forms. Exhibit A Zoning Administrator Action 05-013 July 18, 2005 Page 6 At least 50 percent of the construction debris shall be diverted from landfill to the recycling plants. A security deposit in amount of $50 per ton (not to exceed $5,000 per project) for C&D security deposit will be collected prior to issuance the permit. Prior to final inspection, applicant shall submit to the City of Tustin documents (i.e. receipt from vendor) showing actual weight or volume of each material of C&D diverted to the recycling center. For any questions or concerns, please contact Joe Meyers at (714) 573-3173. (3) 3.10 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. PUBLIC WORKS/ENGINEERING (1) 4.1 The applicant is required to comply with Section 4327 of the Tustin City Code which details requirements for developing and implementing a Waste Management Plan. (1) 4.2 The Applicant, Property Owner, and/or tenant(s) are required to participate in the City's recycling program. FEES (1) 5.1 Prior to issuance of any building permits, payment shall be made of all applicable fees based upon those rates in effect at the time of payment and are subject to change, including but not limited to, the following: a. Building plan check and permit fees to the Community Development Department based on the most current schedule. b. Engineering/Public Works plan check and permit fees to the Public Works Department based on the most current schedule. c. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. (1) 5.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of forty-three dollars ($43.00) 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 Exhibit A Zoning Administrator Action 05-013 July 18, 2005 Page 7 environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.