Loading...
HomeMy WebLinkAboutZA 97-010/CUP 97-020 1 ZONING ADMINISTRATOR ACTION 97-010 CONDITIONAL USE PERMIT 97-020 2 The Zoning Administrator of the City of Tustin does hereby resolve 3 as follows: 4 I . 5 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 97- 020 was filed by Josephine Pina Gruner requesting authorization to obtain a license for the on-site sales and consumption of beer and wine (ABC License Type "41") in conjunction with an existing restaurant located at 640-C West First Street, Tustin. B. That the proposed use is allowed within the First Street Specific Plan, in areas designated as Commercial as Primary Use, with the approval of a Conditional Use Permit. c. That a public hearing was duly called, noticed and held on said application on October 27, 1997 and continued to November 17, 1997 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 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 complies with adopted Planning Commission guidelines for alcoholic beverage sales establishments which have been established and considered to mitigate potential impacts associated with the sale of alcohol in conjunction with restaurants. 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. 1 Zoning Administrator Action 97-010 Page 2 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 10 II. The Zoning Administrator hereby approves Conditional Use Permit No. 97-020 authorizing the on-site sale and consumption 11 of beer and wine (ABC License Type "41") in conjunction with an existing restaurant located at 640-C West First Street, 12 subj ect to the conditions contained within Exhibit A, attached hereto. 13 15 14 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 17th day of November, 1997. 16 ~~ RICK BROWN, C.B.O. Zoning Administrator Designee 17 18 :: ~E~ Recording Secretary 21 22 STATE OF CALIFORNIA COUNTY OF ORANGE 23 CITY OF TUSTIN 24 I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of 25 Tustin, California; that Zoning Administrator Action No. 97-010 was passed and adopted at a regular meeting of the Tustin Zoning 26 Administrator, held on the 17th day of November, 1997. 27 R ~ ) BARBARA RE~ 28 Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 97-010 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 97-020 GENERAL ("1) 1.1 The proposed proj ect shall substantially conform wi th the submitted plans date stamped November 17, 1997 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 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. (1) 1.3 Approval of Conditional Use Permit 97-020 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 97-020 authorizes ABC License Type "41" for the on-site sale and consumption of beer and wine only. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City'S approval of this project. 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. (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. Proposed hours of operation are 11:00 a.m. to 9:00 p.m., Monday through Sunday. ------------------------------------------------------------------ SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING'CODE/S DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION Zoning Administrator Action 97-010 Exhibit A - Conditional Use Permit 97-020 November 17, 1997 Page 2 (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 sale 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. (2) 2.5 No outdoor seating shall be perm~tted 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 eighteen (18) years of age or older and sha.ll be supervised by someone twenty one (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 Based 'on the number of parking spaces permitted for the previous restaurant tenant, the applicant is authorized a maximum of fifteen (15) seats for the restaurant. The number of seats shall not be increased unless the property owner demonstrates, through the submittal of a parking and la~d 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 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 $38.00 (thirty-eight dollars) 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.