HomeMy WebLinkAbout01 ZA REPORT JINYA RAMEN CUP 2020-0016
ITEM #1 AGENDA REPORT
MEETING DATE: NOVEMBER 17, 2020
TO: ZONING ADMINISTRATOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT:CONDITIONAL USE PERMIT 2020-0016
APPLICANT:
YOUNG PARK
PRG TUSTIN RAMEN LLC
2522 CHAMBERS ROAD, SUITE 100
TUSTIN, CA 92780
PROPERTY OWNER:
TUSTIN HEIGHTS SC LP/ KIMCO REALTY
2429 PARK AVENUE
TUSTIN, CA 92782
LOCATION: 1084-1086 IRVINE BOULEVARD
GENERAL PLAN: COMMUNITY COMMERCIAL (CC)
ZONING: RETAIL COMMERICAL (C1)
ENVIRONMENTAL
STATUS:THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1)
PURSUANT TO SECTION 15301 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
REQUEST: ON-SITE ALCOHOLIC BEVERAGE SALES (TYPE 41) OF BEER
AND WINE IN CONJUNCTION WITH A RESTAURANT BUSINESS
Zoning Administrator
November 17, 2020
CUP-2020-0016
Page 2
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 20-009
approving Conditional Use Permit (CUP) 2020-0016 to authorize the sale of alcoholic
beverages for on-site consumption at a 2,912 square-foot restaurant business at 1084-
1086 Irvine Boulevard.
APPROVAL AUTHORITY
The project site is located within the Retail Commercial (C1) zoning district and within the
Community Commercial (CC) General Plan land use designation. The Retail Commercial
zoning district permits on-site alcoholic beverage establishments subject to the approval
of a CUP. Pursuant to Section 9299b(3)(g) of the Tustin City Code (TCC), the Zoning
Administrator has the authority to review and approve on-site alcoholic beverage sales
uses in conjunction with restaurants.
BACKGROUND
Location and Surrounding Properties
The project site is located within the mixed-use one-story commercial shopping center
known as Tustin Heights Center, located at Newport Avenue and Irvine Boulevard (Figure
1 – Aerial Map & Project Site). Properties north, west and east of the site have a zoning
designation of Retail Commercial (C1), and properties to the south have a zoning
designation of Planned Community Commercial (PC COMM). The surrounding area is
developed with commercial uses and includes restaurants, retail businesses, and
professional buildings.
Figure 1 - Aerial Map & Project Site
1084-1086 Irvine Boulevard
(Jinya Restaurant)
Zoning Administrator
November 17, 2020
CUP-2020-0016
Page 3
PROJECT DESCRIPTION
Project Summary
The Jinya Ramen Bar restaurant is a proposed full-service restaurant establishment that will
occupy two (2) tenant spaces in an existing building. The applicant is requesting
authorization to sell alcoholic beverages (Type 41 license) within an existing 2,912 square-
foot area. The proposed Type 41 alcoholic beverage license would allow sales of beer and
wine for onsite consumption.
The restaurant will include approximately 947 square feet of indoor dining area, with the
remaining space used for food preparation, storage and restrooms. The restaurant will have
a total of thirteen (13) tables and seventy (70) chairs within the dining area.
Figure 2- Floor Plan
Zoning Administrator
November 17, 2020
CUP-2020-0016
Page 4
Alcoholic Beverage Sales
The sale of alcoholic beverages for on-site consumption can be authorized in conjunction
with a “bona fide” restaurant use in conformance with the City’s Alcoholic Beverage Sales
Establishment Guidelines as adopted by the Planning Commission on March 13, 2018, and
TCC Section 9271(dd). Pursuant to the Guidelines, a restaurant use is defined as “(a) retail
establishment that sells food and beverages prepared on the site, where customers are
served for on-site consumption.” At least eighty-five (85) percent of the premise’s seating
area shall be designed and used for food consumption. As proposed and conditioned, food
would be sold during all hours the restaurant is open for business.
Also, the gross annual sales of food must exceed the sale of alcohol. As proposed, one-
hundred (100) percent of the premises’ seating area would be used for food consumption.
The application indicates that approximately eighty-five (85) percent of sales are estimated
to be from food and fifteen (15) percent from alcoholic beverages. Proposed Condition No.
2.5 of ZAA 20-009 requires food to be prepared on the premises and available during all
hours of operation.
Business Hours
The applicant proposes the following hours of operation for the restaurant:
Monday-Sunday: 11:00 a.m. to 10 p.m.
The proposed hours of operation are compatible with other businesses in the Tustin Heights
Center in that most other businesses are open during the same hours. Sales of alcoholic
beverages shall be limited to the hours when food is available.
Parking
The project site is within an existing shopping center, and the parking lot contains multiple
entrance and exit points along Irvine Boulevard. The existing tenant spaces were
previously approved for a restaurant use and a yogurt shop and meet the current large
center parking requirements of 4.5 parking spaces per 1,000 square feet. The required
parking for the center is 620 spaces and there are 622 spaces provided. No additional
parking is required to sell on-site alcoholic beverages.
FINDINGS:
In determining whether to approve the CUP to authorize the sale of alcoholic beverages
for on-site consumption in conjunction within a 2,912 square-foot restaurant, the Zoning
Administrator must determine whether or not the proposed use will be detrimental to the
health, safety, morals, comfort, or general welfare of the persons residing or working in the
neighborhood, nor be injurious or detrimental to the property and improvements in the
neighborhood of the subject property, or to the general welfare of the City of Tustin. A
decision to approve this request may be supported by the following findings:
Zoning Administrator
November 17, 2020
CUP-2020-0016
Page 5
1) The proposed on-site sale of alcoholic beverages in conjunction with a
restaurant establishment is allowed within the C1 zoning district with the
approval of a CUP.
2) Pursuant to TCC Section 9271(dd), on-site alcoholic beverage sales are
exempt from distance separation requirements to sensitive uses and other
alcoholic beverage sales establishments.
3) As conditioned, the proposed on-site consumption of beer and wine is
consistent with the Alcoholic Beverage Sales Establishment Guidelines as
adopted by the Planning Commission on March 13, 2018, and the TCC
Section 9271(dd).
4) The on-site consumption of alcoholic beverages would be in conjunction
with a restaurant use where food will be served at all times when alcoholic
beverages are served.
5) The existing tenant spaces were previously approved for a restaurant use
and a yogurt shop and meet the current large center parking requirements
of 4.5 parking spaces per 1,000 square feet; therefore, no parking impacts
are anticipated.
6) The Tustin Police Department has reviewed the application, and has no
immediate concerns.
B. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the
California Code of Regulations (Guidelines for the California Environmental Quality
Act).
Staff recommends that the Zoning Administrator adopt Zoning Administrator Action No. 20-
009 approving CUP 2020-0016 to authorize the sale of alcoholic beverages for on-site
consumption in conjunction with a restaurant establishment located at 1084-1086 Irvine
Boulevard.
Mary Salman
Code Enforcement Officer
Attachments: A. Location Map & Land Use Application Fact Sheet
B. Submitted Plans
C. Zoning Administrator Action No. 20-009
ATTACHMENT A
LOCATION MAP
&
LAND USE APPLICATION FACT SHEET
Location Map
1084-1086 Irvine Boulevard
Project # CUP 2020-0016
300 foot, 500 foot, and 1,000 foot Radius Map
300 foot
1,000 foot
500 foot
1 of 2
LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT (CUP) 2020-0016
2. LOCATION: SOUTH-EASTERN CORNER OF IRVINE BOULEVARD AND NEWPORT AVENUE
INTERSECTION (TUSTIN HEIGHTS CENTER)
3. ADDRESS: 1084-1086 IRVINE BOULEVARD
4. LOT: LOT 1, TRACT 361 5. APN: 500-102-02
6. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY:
NONE
7. SURROUNDING LAND USES:
NORTHEAST: COMMERCIAL
SOUTHEAST: RESIDENTIAL, COMMERCIAL
NORTHWEST: COMMERCIAL
SOUTHWEST: COMMERCIAL, PLANNED DEVELOPMENT
8. SURROUNDING ZONING DESIGNATION:
NORTHEAST: RETAIL COMMERCIAL (C1), PLANNED COMMUNITY COMMERCIAL (PCC),
PUBLIC & INSTITUTIONAL (PI)
SOUTHEAST: SINGLE FAMILY RESIDENTIAL (R1), PLANNED COMMUNITY PROFESSIONAL
(PCPR)
NORTHWEST: RETAIL COMMERCIAL (C1), PLANNED COMMUNITY COMMERCIAL (PCC)
SOUTHWEST: PLANNED COMMUNITY COMMERCIAL (PCC), PLANNED DEVELOPMENT
(PD)
9. SURROUNDING GENERAL PLAN DESIGNATION:
NORTHEAST: COMMUNITY COMMERCIAL (CC), PLANNED COMMUNITY
COMMERCIAL/BUSINESS (PCCB), PUBLIC & INSTITUTIONAL (PI)
SOUTHEAST: LOW DENSITY RESIDENTIAL (LDR)
NORTHWEST: COMMUNITY COMMERCIAL(CC)
SOUTHWEST: COMMUNITY COMMERCIAL (CC), HIGH DENSITY RESIDENTIAL (HDR)
2 of 2
10. SITE LAND USE:
A. EXISTING: COMMERCIAL
PROPOSED: NO CHANGE
B. GENERAL PLAN: (CC) PROPOSED: NO CHANGE
C. ZONING: (C1) PROPOSED: NO CHANGE
DEVELOPMENT FACTS:
NO CHANGE TO EXISTING DEVELOPMENT
11. LOT AREA: 137,806 S.F. | 3.164 ACRES
12. TOTAL BUILDING AREA: 101,961 SQUARE FEET
13. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY
ZONES, EASEMENTS, ETC.) NONE
ATTACHMENT B
SUBMITTED PLANS
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1"AIR GA
P
1"AIR GA
P
1"AIR GAP
1 A8
.
0 2 A8
.
0
12
TYP
.
TY
P
.
77 11
6
8
777 7
4
9 1
5
11
1
9
10
2
2
5
1
1
1
1
1
3
11
4
'
-
5
1
/
2
"
1
6
'
-
2
1
/
2
"
1
3
'
-
9
1
/
2
"
2'-4
"
3'-8
"
1'-
0
"
3'-9
1
/
2
"
3
'
-
8
"
3
'
-
3
1
/
2
"
T
Y
P
.
1
0
'
-
3
"
5
'
-
8
1
/
2
"
1
8
'
-
6
1
/
2
"
4
'
-
1
"
3'-
8
"
4'-7
"
8'-7
1
/
2
"
4'-6
"
1
'
-
7
"
8
'
-
8
"
1'-0
"
2'-
3
"
14
3
'
-
4
"
6
'
-
2
"
9
'
-
6
"
2
'
-
7
"
3
'
-
0
"
5'-
2
"
1
1
2
4
'
-
9
1
/
2
"
1
'
-
0
"
1
'
-
0
"
1
'
-
2
"
1
'
-
2
"
1
'
-
0
"
1
'
-
0
"
6'-7
"
4'-2
1
/
2
"
5
"
1
'
-
0
1
/
2
"
9
5'-4
"
3'-6
"
6'-
7
"
2'-3
1
/
2
"
2
'
-
6
"
2
'
-
6
"
1
2
'
-
0
"
13
10
'
-
5
1
/
2
"
6'-1
0
"
5'-1
1
"
5'-8
1
/
2
"
9'-2
"
3'-5
"
3'-2
"
7
'
-
0
"
4'-
7
1
/
2
"
1'-
0
"
MIN
.
7'-3
"
3'-8
"
6
'
-
0
"
1
2
'
-
3
"
4
'
-
1
0
"
4'-7
"
1
1
2
'
-
5
"
6'-4
"
23
'
-
6
"
1
6
'
-
1
0
"
3
0
'
-
5
1
/
2
"
2
'
-
2
"
1
'
-
1
1
"
3
'
-
8
"
3
'
-
4
"
2
'
-
1
"
1
0
1
/
2
"
1
'
-
8
"
2'-3
"
4'-
6
"
2
'
-
1
0
1
/
2
"
1
0
"
JA
N
.
117
1
'
-
6
"
M
I
N
.
5 A6
.
0
8 A9.
1
18 A9
.
1
12 A9.
0 10 A9
.
0
1 A9.
0
8 A9
.
0
2 A6.
0
4 A6.
0
6 A6.
0
1 A6
.
0
7 A6
.
0
3 A6.
0
10 A9.
0
SIM
.
12 A9
.
0
SIM
.
11 A9.
0
5 A9
.
0
4 A9.
0
11 A9.
1
100
6'-
4
1
/
2
"
OFF
I
C
E
116
15
15
6'-
4
1
/
2
"
EXI
S
T
I
N
G
TO
R
E
M
A
I
N
RES
T
R
O
O
M
118
1'-0
"
E
E
E1
13 A10
.
0
14
A1
0
.
0
5'-
0
"
3
'
-
9
"
3
'
-
0
"
3
'
-
2
1
/
2
"
3'-5
"
3
'
-
8
"
3'-
0
"
4
'
-
1
1
/
2
"
3'-
8
"
3
'
-
9
"
4'-
6
"
3
'
-
8
"
5
'
-
2
"
6
'
-
1
"
4'-
3
1
/
2
"
3'-
4
1
/
2
"
2
'
-
1
0
"
2
'
-
0
"
7
4'-2
1
/
2
"
EN
T
R
Y
1014'-3
"
18
B
&
C
A9.
0
18A A9.
0 13 A9.
0
2'-0
"
4'-
0
"
4'-0
"
16
17
17
M
I
N
.
4
'
23
A1
0
.
0
1
'
-
8
1
/
2
"
2
'
-
6
"
M
I
N
3
'
-
6
1
/
2
"
711
22 A9.
1 3 A9
.
1
17 A9
.
0 16A
A9
.
0
3 A9.
0
2
'
-
0
"
4
'
-
1
"
7
4
'
-
0
"
3'-9
"
4'-1"
4
'
-
0
1
/
2
"
8 A6.
0
17
18 A10
.
0
3 A10
.
1
3'-
0
"
1'-9
"
TYP
.
5'-
7
"
SUB
D
A
T
E
BID
D
A
T
E
RE
V
I
S
I
O
N
S
DA
T
E
:
DR
A
W
N
B
Y
:
CH
E
C
K
E
D
B
Y
:
SHE
E
T
N
U
M
B
E
R
:
JOB
N
O
:
SHE
E
T
T
I
T
L
E
:
01/
0
2
/
2
0
J
I
N
Y
A
R
A
M
E
N
B
A
R
1
0
8
6
I
R
V
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N
E
B
L
V
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T
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T
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N
,
C
A
L
I
F
O
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N
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A
08/
1
0
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2
0
ML
19A
0
4
0
KJ
B
I
C
K
E
L
G
R
O
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P
A
R
C
H
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C
T
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B
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D
3
6
0
0
B
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C
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T
R
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T
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S
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1
2
0
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W
P
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B
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2
6
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7
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1
w
w
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b
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c
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N
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A
L
N
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T
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G
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D
/
W
A
L
L
T
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P
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FL
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L
A
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K
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D
N
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FL
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P
L
A
N
N
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S
1 2 3 4 5 6 8 9 10 12 13 14711
E###E
15
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16 17
FL
O
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R
P
L
A
N
1
F FL
O
08
/
2
0
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2
0
2
0
55"
55"
1
P
E
R
R
C
P
4
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0
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9
'
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0
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1
2
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6
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T
Y
P
.
P
E
R
R
C
P
8 QRT
Z
1
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9
7 QRT
Z
1
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CHA
N
L
WAL
L
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L
WA
L
L
TY
P
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T
Y
P
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BRI
C
K
1
WAL
L
TYP
.
9TY
P
.
TIN
1
FA
C
E
S
O
F
F
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T
CHA
N
L
SO
F
F
I
T
9
3
'
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6
"
WD1
WA
L
L
WDC
V
3
WAL
L
TIL
E
6
WAL
L
19
19
23
MR3
WA
L
L
STE
E
L
FRA
M
E
WD1
SH
E
L
F
MES
H
DO
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R
P2-
F
L
T
UPP
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R
W
A
L
L
TY
P
.
6
7
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0
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10 A9.
2
1 A9
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1
4 A9.
0
13 A9
.
1 9 A9
.
0
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1
22
10
17
9
18
9
9
4
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0
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P
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9
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0
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1
2
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6
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T
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P
.
P
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R
C
P
9
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0
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2
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6
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2
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6
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FX
L
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BOO
T
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WD
2
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WD
1
CAS
E
18 WD2
TO
P
BR
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K
1
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L
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K
1
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L
TYP
.
CHA
N
L
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L
STE
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L
WA
L
L
TY
P
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T
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P
.
BRIC
K
1
WAL
L
TYP
.
P2-
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L
T
UP
P
E
R
W
A
L
L
TYP
.
3
3
2
11 A9.
1
5 A9.
2
18 WD
2
TOP
OPE
N
T
O
BEY
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N
D
1
8 WD2 TOP
7 WD2
TO
P
9
5
5
18 WD
2
TOP
9
17
FXL
T
H
R
BO
O
T
H
4
'
-
0
"
7
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0
"
1
2
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6
"
T
Y
P
.
P
E
R
R
C
P
3
'
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6
"
2
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6
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6
WA
L
L
TIL
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6
WAL
L
BRI
C
K
1
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WD1 WAL
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1
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L
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3 WAL
L
20
13 S.S.TOP WD
1
CA
S
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P-L
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1
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S
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D
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C
A
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E
CHA
N
L
WA
L
L
STE
E
L
WAL
L
9
9
9
9
P2-F
L
T
UPP
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W
A
L
L
TYP
.
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.
6P2-
F
L
T
FA
C
E
S
O
F
F
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T
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T
S
4
'
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0
"
3
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1
"
9
10 A9.
0
10 A9.
0
SIM
.
8 A9.
0
16 A9
.
2
2 A9
.
2
2 A9
.
0
12 A9.
0
11 A9.
0
5 A9
.
0
P2-
S
A
COL
M
N
SLI
M
F
O
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T
COV
E
B
A
S
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OP
E
N
T
O
BEY
O
N
D
M-C
M-B
M-A
M-B
M-C M-C
M-B
M-A
M-C
M-A
M-B
M-C
M-D
M-E
M-D
M-E
M-D
M-E M-A
M-D M-D
M-E
M-D
1
7
'
-
6
"
C
L
E
A
R
P
E
R
R
C
P
3
'
-
6
"
2
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6
"
T
Y
P
.
P
E
R
R
C
P
9
15 WD
2
TOP
18 WD2
TO
P
18 WD2
TO
P
16 WD
2
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L
TYP
.
9
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P
.
23
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L
STE
E
L
FRA
M
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L
F
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S
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DOO
R
8 QRT
Z
1
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8 QRT
Z
1
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17
FXL
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BO
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9
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9
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9
16 A9
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0
1 A9
.
1
1
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6
3
/
8
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L
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R
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C
P
10 WD1
CAS
E
9
'
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0
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1
9
WD
1
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L
4
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0
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1
2
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T
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P
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P
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P
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W
A
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L
13 A9
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1
CHA
N
L
WAL
L
BR
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C
K
1
WAL
L
18 WD2
TO
P
P
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R
C
P
P
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C
P
20
12 S.S
.
TOP WD
1
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S
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P-L
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M
1
INS
I
D
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C
A
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E
51
9
9
11
6
P2
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F
L
T
FAC
E
S
O
F
F
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T
WD1
SLA
T
S
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L
13
4
'
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0
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3
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1
"
4
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0
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P
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R
C
P
CHA
N
L
WA
L
L
STE
E
L
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L
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1
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TIL
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6
WAL
L
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6
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L
18 A9.
1
11 A9.
0
12 A9
.
0
10 A9.
0
P2-S
A
COL
M
N
SLIM
F
O
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T
COV
E
B
A
S
E
1
2
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-
6
"
T
Y
P
.
18 WD
2
TOP
7 WD2
TO
P
TYP
.
1
2
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6
"
T
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P
.
P
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R
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.
17
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9
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1
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21
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W
A
L
L
TYP
.
4
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0
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A
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L
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L
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L
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L
L
13 A9
.
0
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A
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0
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B
&
C
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0
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N
T
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B
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D
7
18
2
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6
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3
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0
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1
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D
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D
A
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RE
V
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N
S
DA
T
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:
DR
A
W
N
B
Y
:
CH
E
C
K
E
D
B
Y
:
SHE
E
T
N
U
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B
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R
:
JOB
N
O
:
SHE
E
T
T
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L
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:
01/
0
2
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J
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N
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1
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6
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C
A
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07/
2
3
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2
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ML
19A
0
4
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Y
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 FI
N
I
S
H
L
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G
E
N
D
EN
T
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Y
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L
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V
A
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1
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2
RA
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B
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3
DIN
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4
SE
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5
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N
6
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T
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L
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V
A
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N
7
BA
R
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L
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V
A
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8
1 2 2 2 2 2 2 2 2 2 2 3 4 4 4 4 4 4
08
/
2
0
/
2
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ATTACHMENT C
ZONING ADMINISTRATOR ACTION NO. 20-009
ZONING ADMINISTRATOR ACTION 20-009 CONDITIONAL USE PERMIT 2020-0016 1084-1086 IRVINE BOULEVARD 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 (CUP) 2019-0016 was filed by Young Park on behalf of PRG Tustin Ramen LLC requesting authorization for on-site alcoholic beverage sales in conjunction with a new bona fide restaurant (Jinya Ramen Bar) located at 1084-1086 Irvine Boulevard.
B. That the proposed use is consistent with the Community Commercial General Plan land use designation which provides for the establishment of a variety of commercial uses. In addition, the project has been reviewed for consistency with
the Air Quality Sub-Element of the City of Tustin’s General Plan and has been determined to be consistent with the Air Quality Sub-Element. C. That pursuant to the Retail Commercial (C1) zoning district, on-site alcoholic beverage sales establishments are allowable subject to the provisions contained within Tustin City Code (TCC) Section 9271(dd) and Planning Commission Guidelines.
D. That pursuant to TCC Sections 9299b(3)(g) and 9299(b) the Zoning Administrator has the authority to consider requests for on-site alcoholic beverage sales licenses for restaurants.
E. That a public hearing was duly called, noticed, and held for CUP 2020-0016 on November 17, 2020, by the Zoning Administrator.
F. That the establishment, maintenance, and operation of the on-site alcoholic beverage sales, in conjunction with a 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 injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin (the City) in that:
1) The proposed on-site sale of alcoholic beverages, in conjunction with a restaurant establishment, is allowed within the C1 zoning district with the
approval of a CUP. 2) Pursuant to TCC Section 9271(dd), on-site alcoholic beverage sales are exempt from distance separation requirements to sensitive uses and other alcoholic beverage sales establishments.
3) As conditioned, the proposed on-site consumption of beer, wine, and distilled spirits is consistent with the Alcoholic Beverage Sales
Zoning Administrator Action 20-009 CUP 2020-0016
Page 2 Establishment Guidelines as adopted by the Planning Commission on
March 13, 2018, and the TCC Section 9271(dd).
4) The on-site consumption of alcoholic beverages would be in conjunction with a restaurant use where food will be served at all times when alcoholic beverages are served.
5) The existing tenant spaces were previously approved for a restaurant use and a yogurt shop and meet the current large center parking requirements of 4.5 parking spaces per 1,000 square feet; therefore, no parking impacts
are anticipated.
6) The Tustin Police Department has reviewed the application, and has no immediate concerns. G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the
California Code of Regulations (Guidelines for the California Environmental Quality
Act).
II. The Zoning Administrator hereby approves CUP 2020-0016 authorizing the sale of
alcoholic beverages for on-site consumption in conjunction with a 2,912 square foot
restaurant (Jinya Ramen Bar) located at 1084-1086 Irvine Boulevard, 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 on the 17th day of November, 2020.
JUSTINA L. WILLKOM ZONING ADMINISTRATOR
VERA TISCARENO RECORDING SECRETARY
Zoning Administrator Action 20-009 CUP 2020-0016
Page 3
STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN )
I, VERA TISCARENO, 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. 20-009 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 17th day of November, 2020.
______________________________ VERA TISCARENO RECORDING SECRETARY
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
EXHIBIT A ZONING ADMINISTRATOR ACTION 20-009 CONDITIONAL USE PERMIT 2020-0016 CONDITIONS OF APPROVAL 1084-1084 IRVINE BOULEVARD GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped November 17, 2020, on file with the
Community Development Department, as herein modified, or as modified
by the Director of Community Development in accordance with this
Exhibit. The Director of Community Development may also approve
subsequent minor modifications to plans during plan check if such
modifications are consistent with provisions of the Tustin City Code (TCC).
(1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified, subject to review and approval by the
Community Development Department.
(1) 1.3 This approval shall become null and void unless the use is established
within twelve (12) months of the date of this Exhibit. Time extensions may
be granted if a written request and associated fees are received by the
Community Development Department within thirty (30) days prior to
expiration.
(1) 1.4 Approval of Conditional Use Permit (CUP) 2020-0016 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 notarized "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 conditions of approval, or if the establishment creates undue burden to
City resources, or if the CUP is abandoned for a twelve (12) month period,
these circumstances shall be grounds for revocation of the CUP.
Zoning Administrator Action 20-009 Exhibit A
Page 2 (1) 1.5 Any transfer of ownership of the establishment and/or operator shall require the new owner and/or operator to sign and return an “Agreement to Conditions Imposed” form provided by the Community Development
Department. Failure to do so would be a basis for revocation proceeding. (1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of
an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.7 CUP 2020-0016 may be reviewed on an annual basis, or more often if
necessary, by the Director of Community Development. The Director of
Community Development shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with CUP 2020-0016, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Director of Community Development shall impose additional conditions to eliminate
the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.8 As a condition of approval of CUP 2020-0016, 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 the defense
of any such action under this condition. (1) 1.9 The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorney’s fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance.
(1) 1.10 Approved uses shall operate within all applicable State, County, and TCC. Any violations of the regulations of the State Department of Alcohol
Beverage Control as they pertain to the subject location, or of the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject CUP, as provided for the TCC.
Zoning Administrator Action 20-009 Exhibit A
Page 3 (1) 1.11 If requested by the Tustin Police Department, businesses shall install and maintain a video surveillance system to monitor all doors, public area of the premises and parking areas and shall make the video available to the
Tustin Police Department. Electronic copies of videos shall be made available to the Tustin Police Department within forty-eight (48) hours of the request. Digital recording shall be made available for viewing on-
scene upon request by a Police Officer. The business shall retain video surveillance for one (1) month. All video surveillance cameras must record in color, with digital recording to DVR and able to record in low-
light. (1) 1.12 No sexually oriented business shall be conducted on the premises without
approval by the City in accordance with the TCC. (1) 1.13 Any graffiti painted or marked upon the premises or any adjacent area
under control of the property owner or the business shall be removed or painted within twenty-four (24) hours of being applied.
(1) 1.14 All litter shall be removed from the exterior areas around the premises including adjacent to public sidewalk area and parking areas, no less frequently than once each day that the business is open.
(1) 1.15 All signs shall comply with the Tustin Sign Code and the following:
a. There shall be no exterior advertising directed to the exterior from
within, promoting or indicating the availability of alcoholic beverages.
No interior displays of alcoholic beverages or signs which are clearly visible to the exterior.
b. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) per cent of
window coverage.
c. Except for restaurants, the applicant shall post a “NO LOITERING” sign prohibiting loitering on the exterior of the premises.
Signs shall be posted in a conspicuous space at all entrances/exits of the premises which shall state, “NO ALCOHOLIC BEVERAGES BEYOND
THIS POINT.”
Zoning Administrator Action 20-009 Exhibit A
Page 4 USE RESTRICTIONS (1) 2.1 The authorization to serve alcoholic beverages on-site is subject to the use
remaining as a restaurant. Any change to the use shall require review and approval by the Director of Community Development. This approval authorizes Type 41 on-site beer and wine sales in conjunction with a bona
fide public eating place. Any changes and/or upgrades to the ABC License shall be reviewed and approved by the Director of Community Development.
(1) 2.2 The business may operate until 2:00 a.m. unless otherwise restricted by the Zoning Administrator. If there is a marked or noticeable increase in the
number of police related incidents on or near the premises, as such, increase may be determined by the Chief of Police, the applicant may be required to provide state-licensed, uniformed security guards at a number
determined by the Chief of Police. (1) 2.3 The applicant or an employee of the licensee must be present to monitor all
areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed.
(1) 2.4 Employees and contract security personal shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education and about new products. Under no circumstances
may contract security personnel consume alcoholic beverages during their work shift.
(1)
2.5 Food must be served whenever the privileges of the on-sale license are being exercised.
(1) 2.6 The applicant shall obtain the appropriate license from the State
Department of Alcohol Beverage Control for the type of alcoholic sales authorized for the site. A copy shall be provided to the City prior to operating the alcoholic sales.
(1) 2.7 Indoor restaurant seating is proposed for the new restaurant. Modifications to the seating area may be considered by the Director of Community Development if it is determined that no impacts to the surrounding tenants or properties will occur. (1) 2.8 The applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not
intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those twenty-one (21) and older.
Zoning Administrator Action 20-009 Exhibit A
Page 5 (1) (7) 2.9 All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible
methods and skills for selling alcoholic beverages. The California Department of Alcohol Beverage Control must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on
the premises of the alcoholic beverage sales establishment and shall be
presented upon request by a representative of the City.
(1) 2.10 All persons serving alcoholic beverages within a restaurant establishment must be eighteen (18) years of age or older and supervised by someone twenty-one (21) years of age or older. The supervisor shall be present in the same area as point of sale. (1) 2.11 No off-site sale or consumption of alcohol is authorized, except partially consumed bottles of wine as authorized in Business and Professions Code
Section 23396.5. (1) 2.12 There shall be no fixed bar or lounge area upon the premises maintained
for the sole purpose of sales, service or consumption of alcoholic
beverages directly to patrons. A fixed bar or lounge may be permitted if it functions as food and beverage service bar or lounge area. (1) 2.13 Live entertainment shall be subject to the issuance of a live entertainment permit pursuant to TCC Chapter 2 Part 3, and shall comply with all of the
standards contained therein.
(1) (7) 2.14 There shall be no special events sponsored by or involving an outside promoter or any other person other than the applicant and/or property owner. The building may not be sublet to a separate business or promoter or person other than the applicant and/or property owner.
(1) 2.15 In the event that there is a queuing line, the business owner, or his
designee, shall be responsible for monitoring the queuing lines at all times. No food or beverages shall be consumed while in queuing lines. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses.
(1) 2.16 There shall be no requirement for patrons to purchase a minimum number
of alcoholic drinks.
(1) 2.17 Games or contest requiring or involving consumption of alcoholic beverages shall be prohibited. (1) 2.18 Any pool tables, amusement machines or video games maintained on the
premises at any time must be reviewed and approved in a security plan
Zoning Administrator Action 20-009 Exhibit A
Page 6 submitted to the Community Development Department and the Tustin Police Department.
(1) 2.19 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. (7) 2.20 The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, which have been approved by the Tustin Police Department, addressing at a minimum the following items:
• Identify individuals who are responsible for the premises. The list shall include contact information such as name, address, phone number, etc. and the list shall current and accurate.
• Procedures for handling obviously intoxicated persons.
• The method for establishing a reasonable ratio of employees to
patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior.
• Procedures for handling patrons involved in fighting, arguing or
loitering about the building, and/or in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s).
• Procedures for verifying the age of patrons for purposes of alcohol sales.
• Procedures for ensuring that servers monitor patrons to ensure
that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron.
• Procedures for calling the police regarding observed or reported criminal activity.
• Procedures for management of queuing lines.
• The location and description of any video games proposed to be on the premises.
(7) 2.21 There shall be no window coverings or advertisements that reduce the visibility inside of the business.
Zoning Administrator Action 20-009 Exhibit A
Page 7 FEES (1) (5) 3.1 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 fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the 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.