HomeMy WebLinkAboutZA 97-010/CUP 97-020
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ZONING ADMINISTRATOR ACTION 97-010
CONDITIONAL USE PERMIT 97-020
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The Zoning Administrator of the City of Tustin does hereby resolve
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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
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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.
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E.
That this proj ect is Categorically Exempt from the
requirements of the California Environmental Quality Act,
pursuant to Section 15301 (Class 1).
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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.
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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.
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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.
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RICK BROWN, C.B.O.
Zoning Administrator Designee
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Recording Secretary
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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.
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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.
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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.