Loading...
HomeMy WebLinkAboutZA 97-002/CUP 96-042 with Amendment&oY� AGREEMENT TO CONDITIONS IMPOSED I, the undersigned, hereby agree to comply with all conditions imposed by the City of Tustin Planning Commission Resolution No. 3057, Zoning Administrator Action 97 -002, and an amendment to CUP 92 -020 and 96 -042 dated November 8, 2001 (attached) for approval of on -site alcoholic beverages sales in conjunction with an existing restaurant at 405 El Camino Real. ;_K��� Signature: William K. Applebee William K. Applebee Industries, Inc. President Quinn's Old Town Grill a: _�mk �1 Signature Phillip K. Cox Property Owner Signatur Linda M. Cox Property Owner CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA + County of 0 r an g Q ft On Mg t 2q 120)`i before me, MfIISJ4 A-nn T011V In✓1 fVOtA -y p„bII C , Here Insert Name antl The of the i Ol personally appeared L l h d ra M a� I Q C o k- _/An d P K) I i if I-� oak l -ev- (JOX MELISSAANN J0� H 0 V COMM. P2034875 Q NOTARYPUBI C- CALIFORNIAG ORANGE COUNTY O COMM. EXPIRES JULY 276 2017' who proved to on the basis sati factory evidence to be the persoWe whose name(0+e/ subscribed to ft within instrument and acknowledged to me that he/she /tire executed the same in ' at/ thorized capacity(ies), and that -by his{her/ signatur on the instrument tfje persorW or the entity upon behalf of which the persoK(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand nd official seal. Signature . f! CLA pg�� Place Notary Seel Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: f±-- re& rl en + 1a G o nCe r ii on f rn p odt CQ. Document Signer(s) Other Than Named Above: Capaclty(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of Number of Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 1 2 3 ZONING ADMINISTRATOR ACTION 97-002 CONDITIONAL USE PERMIT 96-042 JANUARY 20, 1997 4 The Zoning Administrator of the City of Tustin does hereby resolve as follows: 5 I . The Zoning Administrator finds and determines as follows: 6 A. 7 8 9 10 B. 11 12 C. 13 14 15 D. 16 17 18 19 20 21 22 23 24 25 26 27 28 That a proper application, Conditional Use Permit 96-042, was filed by Ralph Sanchez, to authorize the expansion of an existing restaurant and modification to the outdoor dining area to permit the sale of alcoholic beverages located at 425 EI Camino Real. That a public hearing was duly called, noticed and held on said application on January 20, 1997 by the Zoning Administrator. That Conditional Use Permit 92-020 was approved by the Planning Commission in 1992 to authorize the establishment of a restaurant with alcoholic beverage sales and outdoor dining area. That the proposed use is allowed in the Central. Commercial Parking and Cultural Resource Overlay (C2-P & CR) District subject to the approval of a Conditional Use Permit (City Code Section 9233) . E. That the subject property is located within the Town Center Redevelopment Project Area and the design and improvements proposed are consistent with the Plan. F. That 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, evidenced by the following findings: 1. The proposed site is located within an existing multi-tenant commercial center. The proposed exterior modifications to the outdoor dining area are compatible in design with the existing improvements on the site and will enhance the pedestrian environment of the downtown area. Zoning Administrator Action 97-002 January 20, 1997 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 H. 22 23 24 25 26 27 28 2 . The proposed alcoholic beverages sales on the outdoor patio will be confined to patrons of the establishment by the wrought iron fencing and access will be provided only through the restaurant. 3 . As conditioned, there is adequate parking for the increased seating through the use of on-site parking and the Stevens Square Parking Structure. 4. 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. 5 . All persons serving beer and wine will be eighteen (IS) years of age or older and supervised by someone twenty-one (2I) years of age or older. The supervisor will be present in the same area as point of sale. 6 . As conditioned, the applicant will not provide any type of outdoor speakers or amplification that would create noise outside. That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin for the reasons stated above. G. This project has been determined to be Categorically Exempt (Class 3) pursuant to Section 15303 of the California Environmental Quality Act. 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. I . 1 Zoning Administrator Action 97-002 January 20, 1997 Page 3 2 3 II. The Zoning Administrator hereby approves Conditional Use Permit 96-042 to authorize the expansion of an existing restaurant and modification 'to the outdoor dining area to permit the sale of alcoholic beverages located at 425 El Camino Real, subject to the conditions contained.in Exhibit A, attached hereto. 4 5 6 7 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 20th day of January, 1997. ~ ~ Rick Brown Zoning Administrator's Designee 8 9 10 ~EY#o Recording Secretary 11 12 13 14 15 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 16 17 I, BARBARA REYES, 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. 97-002 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 20th day of January, 1997. 18 19 20 ~E~ Recording Secretary 21 22 23 24 25 26 27 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 97-002 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 96-042 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 20, 1997 on file with the Community Development Department, as herein modified or as modified by the Zoning Administrator in accordance with this Exhibit. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of a business license for the business, subject to review and approval by the Community Development Department. (1) 1.3 Conditional Use Permit approval shal'l become null and void unless all required permits are issued, a business license is obtained and operations begin within twelve (12) months of the date of this Exhibit. (1) 1.4 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge to the City's approval of this project. (1) 1.5 Approval of Conditional Use Permit 96-024 is contingent upon the applicant s.igning and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.6 The applicant shall enter into a lease agreement with the Tustin Community Redevelopment Agency for participation in the Agency's parking structure for a minimum of eighteen (18) parking spaces required above and beyond that provided on-site, calculated at a rate of one (1) space for every three (3) seats. Said lease agreement shall be executed prior to the issuance of any building permits. (1) 1.7 A Certificate of Appropriateness shall be issued by the Community Development Department prior to issuance of Building permits for the patio modifications. SOURCE CODES (1) STANDARD CONDITION (2) EIR MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTION (5) SPECIFIC PLAN (6) RESPONSIBLE AGENCY REQUIREMENT (7) LANDSCAPING GUIDELINES (8) PC/CC POLICY Exhibit A Zoning Administrator Action 97-002 January 20, 1997 Pag~ 2 (1) 1.8 The authorization for sale of alcoholic beverages on the patio area shall become null an void unless written approval by the ABC is submitted to the City. (1) 1.9 All conditions of Planning Commission Resolution No. 3057 shall be complied with, unless herein ,modified. 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. (5) 2.4 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. (2) 2.5 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. 6 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) 2.7 A maximum of 92 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. (4) 2.8 The applicant shall provide signage within the restaurant space advising patrons of the availability of parking in the City's parking structure. Exhibit A Zoning Administrator Action 97-002 January 20, 1997 Page 3 OUTDOOR SEATING (4) 3.1 The outdoor seating area shall maintain a minimum of four (4) feet between the tables and chairs as required by the Uniform Building Code and ADA. (7) 3 .2 Lighting shall be provided to illuminate the outdoor seating area as required by the Tustin Security Code. Details shall be submitted for review and approval at Building Plan Check and all fixtures shall be architecturally compatible. (7) 3.3 Catalog cuts a'nd/or details of the furniture proposed for the outdoor seating area shall be submitted for review and approval at Building Plan Check and the materials/finishes shall be architecturally compatible. (7) 3.4 The use of awnings, umbrellas, wrought iron fencing, plants and other human scale elements is encouraged to enhance the pedestrian experience. Elevations, material and color samples shall be submitted for review and approval by the Community Development Department during Building Plan Check. PLAN SUBMITTAL (3) 4.1 Specify the type of construction and group of occupancy (A-3) of the building on plans. (3) 4.2 The site plan shall be modified to comply with the attached checklist for the location and number of disabled parking spaces and show all the requirements on plans. (3) 4.3 Delineate the disabled path of travel from the street side-walk and disabled parking spaces to the entrances of the building. (3) 4.4 The existing toilets in the expanded area shall be made accessible and usable by disabled persons. (3) 4.5 Provide an exit analysis of the entire building (existing and addition) showing but not limited to the number of occupant load in each area, exit and directional signs, swing of exit doors in the direction of exit travel with panic hardware, etc. (3) 4.6 Note on plans, to post the occupant load of the building. Exhibit A Zoning Administrator Action 97-002 January 20, 1997 Page 4 (3) 4. 7 The interior tenant improvements connecting the two tenant spaces shall be completed prior to enclosing the patio area. FEES (1) 5.1 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) 5.2 Within 48 hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashiers check payable to the COUNTY CLERK, in the amount of thirty-eight dollars ($38.00) to enable the City to file with the County Clerk, the appropriate environmental documentation pursuant to the California Environmental Quality Act. If within such 48 hours period, the applicant has not delivered to the Community Development Department the above noted check, the approval for the project granted herein shall be considered automatically null and void.