HomeMy WebLinkAboutZAA 05-017
ZONING ADMINISTRATOR ACTION 05-017
CONDITIONAL USE PERMIT 05-022
1621 EDINGER AVENUE, SUITE 102
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 05-022 was filed by
Thomas Ryder, on behalf of Fresca's Tustin, LLC., 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 establish an outdoor dining area in
conjunction with a restaurant use located at 1621 Edinger Avenue, Suite
102.
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
Zoning Administrator Action 05-017
September 6, 2005
Page 2
b.
c.
d.
e.
accordance with policies and requirements of the Guidelines for
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;
.
As conditioned, the proposed patio enclosure for outdoor
seating will be 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 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 industrial complex and Edinger Avenue to the
south, Red Hill Avenue to the west, and railroad tracks to the
north.
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.
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.
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.
The restaurant use is located within a retail center and a
commercial/industrial corridor along Red Hill Avenue and Edinger
Zoning Administrator Action 05-017
September 6, 2005
Page 3
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 (30) seats for a total
of thirty-eight (38) 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 10:00 a.m. to 9:00 p.m.
Sunday through Thursday and from 10:00 a.m. to 10:00 p.m. Friday
and Saturday 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 September 6, 2005, by the Zoning Administrator.
II.
The Zoning Administrator hereby approves Conditional Use Permit No. 05-022
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 1621 Edinger Avenue, Suite
102 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 6th day of September, 2005.
a~'¿.d;/ A ~~
ELIZABETH A. BINSACK
ZONING ADMINISTRATOR
ELOIS RRIS
RECORDING SECRETARY
Zoning Administrator Action 05-017
September 6, 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. 05-017 passed and adopted at a regular meeting of the Tustin Zoning Administrator,
held on the 6th day of September, 2005.
E~
Recording Secretary
GENERAL
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1.1
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1.2
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1.3
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1.4
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1.5
EXHIBIT A
ZONING ADMINISTRATOR ACTION 05-017
CONDITIONAL USE PERMIT 05-022
CONDITIONS OF APPROVAL
The proposed project shall substantially conform with the submitted plans for
the project date stamped on September 6, 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.
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.
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.
Approval of Conditional Use Permit 05-022 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.
Conditional Use Permit 05-022 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
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODEtS
(4) DESIGN REVIEW
(5)
(6)
(7)
***
RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PCtCC POLICY
EXCEPTION
Exhibit A
Zoning Administrator Action 05-017
September 6, 2005
Page 2
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1.6
(1 )
1.7
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1.8
***
1.9
As a condition of approval of Conditional Use Permit 05-022, 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.
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.
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.
Conditional Use Permit 05-022 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 05-022, 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.
1.10 No alteration of the tenant space, except as approved as part of Conditional
Use Permit 05-022, 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.
(1 )
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 05-017
September 6, 2005
Page 3
(5)
(5)
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(5)
(5)
(2)
(2)
(2)
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2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
The total number of interior seats shall not exceed thirty (30) seats and the
outdoor seats shall not exceed eight (8) seats for a total of thirty-eight (38)
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. Benches located in the outdoor dining area shall not be used for
dining purposes.
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:
Sunday through Thursday 10:00 a.m. to 9:00 p.m.
Friday and Saturday 10:00 a.m. to 10:00 p.m.
The menu of the restaurant shall consist of foods that are prepared on the
premises.
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.
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.
"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.
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.
An approved live entertainment permit is required prior to establishing any
non-exempt live entertainment on the premises.
2.10 No sexually oriented businesses shall be conducted on the premises without
approval by the City in accordance with the Tustin City Code.
Exhibit A
Zoning Administrator Action 05-017
September 6, 2005
Page 4
(5)
2.11 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)
2.12 Exterior public pay telephones shall be prohibited and interior public pay
phones shall be programmed to prevent incoming calls.
(2)
2.13 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)
. 2.14 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)
2.15 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)
2.16 The proposed outdoor dining area shall be setback a minimum of five (5) feet
from the parking lot.
(7)
(1 )
2.17 No outdoor music or public address system shall be permitted.
2.18 The proposed patio enclosure for outdoor seating area shall be designed
and constructed consistent with and complement the architecture of the main
building and the center as a whole.
(1 )
2.19 All exterior patio lighting shall be completely contained within the patio area.
BUILDING DIVISION
(3)
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.
3.1
Exhibit A
Zoning Administrator Action 05-017
September 6, 2005
Page 5
(3)
3.2
(3)
3.3
(3) 3.4
(3) 3.5
(3) 3.6
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3.7
Building plan check submittal shall include the following:
.
Four (4) sets of construction plans, including drawings for mechanical,
plumbing and electrical.
.
Two (2) copies of structural calculations.
.
Two (2) copies of Title 24 energy calculations.
.
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.
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.
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.
All new glass doors and windows, in or adjacent to doors, shall be tempered
per 2001 California Building Code Section 2406.4.
Prior to permit issuance, clearances from the following will be required:
Orange County Health Department, Orange County Fire Authority.
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.
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.
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
Exhibit A
Zoning Administrator Action 05-017
September 6, 2005
Page 6
(3)
3.8
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.
No outdoor storage shall be permitted except as approved by the Tustin
Community Development Director.
PUBLIC WORKStENGINEERING
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4.1
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4.2
FEES
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5.1
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5.2
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.
The Applicant, Property Owner, and/or tenant(s) are required to participate in
the City's recycling program.
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.
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
environmental determination under the provisions of the California
Environmental Quality Act could be significantly lengthened.