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HomeMy WebLinkAboutZA 94-018/CUP 94-027 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. ZONING ADMINISTRATOR ACTION NO. 94-018 CONDITIONAL USE PERMIT 94-027 FINDINGS AND CONDITIONS OF APPROVAL The Zoning Administrator finds an<;i determines as follows: A. That a proper application, Conditional Use Permit 94-027, has been filed by Mr. Nobuo Yoshino requesting authorization to obtain a license for the on-site sales and consumption of beer and wine (ABC License Type "41") in conjunction with a restaurant located at 14181 Newport Avenue, Tustin. B. That a public hearing was duly called, noticed and held for said application on November 21, 1994 by the Zoning Administrator. C. That the subject premises is located in the Retail Commercial (C-l) Zoning District. Pursuant to the provisions of Tustin city Code Section 9232b(p), a Conditional Use Permit is required for the establishment of restaurants with alcoholic beverage sales within the C-l Zoning District. D. That the establishment, maintenance, and operation of the use applied for 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: 1. The proposed project would substantially comply with adopted guidelines for alcoholic beverage sales establishments which have been established and considered to mitigate potential impacts associated with the sale of alcohol. 2 . The sale of beer and wine would be for on-site consumption only. 3 . The sale of alcohol would only be authorized in conjunction with a restaurant use. Hours of sales of beer and wine will be limited to 11: 00 a.m. to 11: 00 p.m. on Monday through Sunday when food is available. Food provided would be prepared on the premises. 4. No billiard tables, coin operated games, dancing or entertainment is proposed on the restaurant premises. Zoning Administrator Action 94-018 Conditional Use Permit 94-027 1 Page 2 2 3 5. All persons serving beer and wine will be eighteen (18) years of age or older and supervised by someone twenty-one (21) years of age or older. The supervisor will be present in the same area as point of sale. 4 5 6 E. That this project is categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to section 15303 (Class 3). 7 8 9 II. The Zoning Administrator hereby approves Conditional Use Permit 94-027 authorizing the on-site sale of beer and wine (ABC License Type "41") in conjunction with a restaurant located 14181 Newport Avenue, subject to the conditions contained within Exhibit A attached hereto. 10 11 12 PASSED AND ADOPTED at a regular meeting of the Tustin Zoning Administrator held on the 21st day of November, 1994. 13 14 15 .. 9'h-~ ~~ BARB REYES ~ Secretary 16 17 18 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 19 21 I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the city of Tustin, California and that Zoning Administrator Action No. 94-018 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 21st day of November, 1994. 20 22 23 24 ~~at7~~ B RB REYES . Reco ing Secretary 25 26 27 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 94-018 CONDITIONAL USE PERMIT 94-027 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans date stamped November 21, 1994, on file wi th the Communi ty 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 ABC and the sale of beer and wine commences within twelve (12) months of the date of this exhibit. Time extensions may be granted by the Planning Commission if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Approval of Use Permit 94-027 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.4 Conditional Use Permit 94-027 authorizes ABC License Type "41" for the on-site sale of beer and wine. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of the City's approval of the entitlement process for this project. USE RESTRICTIONS (3) 2.1 No off-site consumption of alcohol for any type of ABC license is authorized. All alcoholic beverages shall be consumed on-site. ------------------------------------------------------------- SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW Exhibit A Zoning Administrator Action 94-018 Conditional Use Permit 94-027 Conditions of Approval Page 2 (2) 2~2 Hours of sales of beer and wine shall be limited to the hours when food is available between the hours of 11:00 a.m. and 11:00 p.m., Monday through Sunday. Menu items shall be available in the restaurant during business hours. Any extension of these hours shall require approval of an Amendment to this Conditional Use Permit by the Zoning Administrator. (2) 2.3 The menu of the restaurant shall consist of foods that are prepared on the premises. (2) 2.4 Authorization for the on-site sales of beer and wine (ABC License Type "41" ) is contingent upon the use of the subj ect premises remaining a restaurant. Should this use change or be discontinued, authorization for this use permit is null and void. (2) 2.5 No outdoor seating shall be permitted unless a separate conditional- use permit is approved pursuant to the current provisions of the Tustin City Code. (2) 2.6 There shall be no billiard tables, coin operated games, dancing or live entertainment on the premises at any time. (2) 2. 7 All persons selling alcoholic beverages shall be 18 years of age or older and shall be supervised by someone 21 years of age or older. A supervisor shall be present in same area as point of sale. (4) 2.8 All building locking devices added'to the premises shall meet those requirements as set forth in the Building Security Code. (4) 2.9 Applicant shall obtain all necessary permits from the Building Department prior to construction of any improvements that require a permit pursuant to the Uniform Building Code and Tustin Municipal Code. (5) 2.10 Any Health Code or other violations, as determined by the County of Orange Health Care Agency, may be grounds for revocation of this Conditional Use Permit. (5) 2.11 The subject property shall be maintained in a safe, clean and sanitary condition at all times. Exhibit A Zoning Administrator Action 94-018 Conditional Use Permit 94-027 Conditions of Approval Page 3 (5) 2.12 Opaque materials and signage shall not cover more than 25 percent of the aggregate area of all windows and doors of the restaurant. (5) 2.13 All signs, including any change of copy, require review and approval by the Community Development Department prior to installation. (4) 2.14 The total number of seats in the restaurant shall not exceed 84 seats, or as otherwise may be authorized by current provisions of the Tustin City Code related to parking for the site. FEES (1) 3.1 Prior to the issuance of any building or sign permits, payment shall be made of all applicable building plan check and permit fees and sign design review fees to the Community Development Department. (1) 3.2 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 $25.00 (twenty five dollars) to enable the City to file with the County Clerk, the appropriate environmental documentation pursuant to the California Environmental Quality Act. If within such forty-eight (48) hours period, the applicant has not delivered to the Community Development Department the above noted check, the approval for the proj ect granted herein shall be considered automatically null and void. In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall delver to the Community Development Department within forty-eight (48) hours of notification, a cashier's check payable to the County Clerk in the amount of eight hundred fifty dollars ($850) if an EIR was prepared or twelve hundred fifty dollars ($1,250) if a Negative Declaration was prepared. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid.