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HomeMy WebLinkAboutZA 96-012/CUP 96-039 1 ZONING ADMINISTRATOR ACTION 96-012 CONDITIONAL USE PERMIT 96-039 DECEMBER 16, 1996 2 3 The Zoning Administrator of the City of Tustin does hereby resolve 4 as follows: 5 I . 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 -28 The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 96- 039 was filed by Deer Harbor Restaurant, Inc. 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 14182 Newport Avenue, Suite B, Tustin. B. That the proposed use is allowed within the C-l, Retail Commercial District, with the approval of a Conditional Use Permit. C. That a public hearing was duly called, noticed and held on said application on December 16, 1996 by the Zoning Administrator. D. That the establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the heal th, 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 complies 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. Sales of beer and wine will be permitted only when food is available. Food provided will be prepared on the premises. 4. No billiard tables, coin operated games, dancing or entertainment are proposed on the restaurant premises. Zoning Administrator Action 96-012 Page 2 1 2 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. 3 4 5 E. That this proj ect is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1) . 6 7. F. That the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality ,Sub-element. 8 9 II. The Zoning Administrator hereby approves Conditional Use 10 Permit No. 96-039 authorizing the on-site sale of beer and wine (ABC License Type "41") in conjunction with a restaurant 11 located at 14182 Newport Avenue, Suite B, subject to the conditions contained within Exhibit A, attached hereto. 12 13 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 16th day of December, 1996. 14 15 ~~ 16 RICK BROWN, C.B.O. Zoning Administrator Designee 17 BARB:=YE~ Recording Secretary 1 20 21 STATE OF CALIFORNIA COUNTY OF ORANGE 22 CITY OF TUSTIN 23' I, BARBARA REYES, the undersigned, hereby certify that I am the 24 Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 96-012 was 25 duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 16th day of December, 1996. 26 27 BARBARA REYES 28 Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 96-012 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 96-039 GENERAL (1) 1.1 The proposed proj ect shall substantially conform wi th the submitted plans date stamped December 16, 1996, 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 Community Development Department if a written request is received by the Communi ty Development Department wi thin thirty (30) days prior to expiration. (1) 1.3 Approval of Conditional Use Permit 96-039 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 95-039 authorizes ABC License Type "41" for the on-site sale of beer and wine only. *** 1.5 The issuance of an ABC License shall not be authorized by the Community Development Department until the applicant or property owner has obtained all necessary permits for the installation of any sign requiring a permit, or until all unauthorized signs have been removed from the subj ect premises. Exposed neon tubing of any configuration located on the building exterior or within twelve (12) inches from the interior side of a window such that it is visible from the outside is subject to approval from the Planning Commission. (1) 1.6 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 .proj ect . ------------------------------------------------------------- SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW (5) (6) (7) *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Zoning Administrator Action 96-012 Exhibit A - Conditional Use Permit 96-039 Conditions of Approval December 16, 1996 Page 2 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. (2) 2.2 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. (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. Zoning Administrator Action 96-012 Exhibit A - Conditional Use Permit 96-039 Conditions of Approval December 16, 1996 Page 3 (5) 2.11 The applicant and/or property owners shall be responsible for the daily maintenance and up-keep of the facility, including but not limited to trash removal, painting, graffiti removal and maintenance of improvements to ensure that the facilities are maintained in a safe, clean, sanitary and attractive manner. All graffiti shall be removed within. 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structures and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. (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 Communi ty Development Department prior to installation. (4) 2.14 A maximum of 30 seats is authorized for the restaurant. The number of seats shall not be increased 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. 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 (5) 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 the appropriate environmental documentation for the project. If wi,thin 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.