HomeMy WebLinkAboutZA 97-011/CUP 97-018
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ZONING ADMINISTRATOR ACTION 97-011
CONDITIONAL USE PERMIT 97-018
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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-
018 was filed by Suzay K. Cha requesting authorization to
establish outdoor seating and 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 13931-A Carroll Way, Tustin.
B. That the proposed use is allowed within the Retail
Commercial, Parking Overlay (C-1 P) Zoning District, with
the approval of a Conditional Use Permit.
C. That a public hearing was duly called, noticed and held
on said application on 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
ca~e, 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, as conditioned, 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. As conditioned, the sale of beer and wine would be
for on-site consumption only, inside the
restaurant.
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 97-011
CUP 97-018
1 November 17, 1997
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.
The proposed project complies with adopted Planning
Commission guidelines for establishments with
outdoor seating which have been established and
considered to mitigate potential impacts associated
with outdoor seating areas in conjunction with
restaurants, including the maximum seating count
for the restaurant.
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E.
That this project is Categorically Exempt from the
requirements of the California Environmental Quality Act I
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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14 II. The Zoning Administrator hereby approves Conditional Use
Permit No. 97-018 authorizing the establishment of outdoor
15 seating and t~ on-site sale and consu~tion of beer and wine
(ABC License Type "41") in conjunction with a new restaurant
16 located at 13931-A Carroll Way, subj ect to the condi tions
contained within Exhibit A, attached hereto.
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18 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.
Zo.ning Administrator Designee
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Recording Secretary
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Zoning Administrator Action 97-011
CUP 97-018
1 November 17, 1997
Page 3
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STATE OF CALIFORNIA
3 COUNTY OF ORANGE
CITY OF TUSTIN
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I, BARBARA REYES, the undersigned, hereby certify that I am the
5 Recording Secretary of the Zoning Administrator of the City of
Tustin, California; that Zoning Administrator Action No. 97-011
6 passed and adopted at a regular meeting of the Tustin Zoning
Administrator, held on the 17 day of November, 1997.
:~y~
Recording Secretary
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EXHIBIT A
ZONiNG ADMiNiSTRATOR ACTION 97-011
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 97-018
GENERAL
(1) 1.1 The proposed project shall substantially conform with 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 Communi ty Development Department
within thirty (30) days prior to expiration.
(1) 1.3 Approval of Conditional Use Permit 97-018 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 97-018 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.
(5) 2. 2 Alcoholic beverages may not be served or consumed outside
of the restaurant, unless a physical barrier is approved
by the Community Development Department and the
Department of Alcoholic Beverage Control prior to
installation.
SOURCE CODES
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(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
Exhibi,t A
Conditions of Approval
CUP 97-018
Page 2
(2) 2.3 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) 2.4 The menu of the restaurant shall consist of foods that are
prepared on the premises.
(2) 2.5 Authorization for the on-site sales 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) 2.6 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 shall 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 provided parking spaces, the
applicant is authorized to a maximum of seventeen (17)
seats for the restaurant (combined inside and outside
seating areas). Outdoor seating shall be limited to a
maximum of eight (8) seats. The total 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) 2.10 All outdoor seating shall be located within the patio area
directly in front of the restaurant.
(4) 2.11 Lighting shall be provided to illuminate the dining area as
required by the Tustin City Code.
(4) 2.12 Trash receptacles shall be provided in the outdoor dining
area.
(4) 2 .13 The landscaping planters adj acent to the outdoor dining
area shall be maintained in accordance with the Tustin
Landscape and Irrigation Guidelines.
Exhibit A
Conditions of Approval
CUP 97-018
Page 3
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.
September 10, 2012
VGhkjAd@m KhO5hb8kh[
Mama Kabob
13931 Carroll Way, Suite A
Tustin, CA 92780
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BUILDING OoRFoTonc
HONORING OUR PAST
Thank you for your letter, received September 6' 2012` requesting 0] S8[Ve beer and viD8 in the
0UtdOO[ dining area Of the yWGnO8 Kabob [eStaU[8Ot located at 13931 C8[K}U VV8y' SUbG A. The
restaurant is currently iDthe process [f obtaining 8nAlcoholic Beverage [|0Dtn]| A\[]C\ Type 41
License for the on-site G8)e and CODSUrnpdOn Of beer and wine in conjunction with @ bona fide
public eating establishment.
On November 17' 1997' the City of Tustin Zoning 8drniOist[a1U[ adopted Zoning Administrator
Action (ZAA) No. S7-011 approving Conditional Use Permit (CUP) 97-018for on-site sales of beer
and wine (Fvoe 41 ABC |iC8One) at the subject property. Condition 2.2 Of ZAA NO. 37-011 states
that: Alcoholic beverages may not he served or consumed outside of the restaurant, unless 8
physical barrier is approved by the Community Development Department and the Department of
Alcoholic Beverage Control prior &J installation.
AO outdoor dining/seating area was approved in conjunction with CUP 97-018. {lD May 3,2011.a
planning permit /B2011-004A\ was issued t0 construct 8 glass panel wall surrounding the outdoor
dining area 81 the subject property. [jpOD iDGpgCtiOD Of the OWtdOO[ dining area with glass vv8||'
Community Dev8|OprD8Ot [)ep8rtrD8Dt staff finds it 8dgqU81e to serve as 8 physical barrier for the
serving 0f alcoholic beverages.
All other conditions of approval contained within ZAA No. 97-011 remain in effect. Approval of
@|COhO|iC beverage service in the outdoor dining area is contingent upon the use of the pr8DliS83
operating as 8 rgGt8UcDOt. Should you have any questions or concerns, p|8GS8 d0 not hesitate to
CODt8[1 Ryan SvviOOteh, Associate P|8DDe[' 8t(714) 578'8123.
Si
Elizabeth A.BiDG8Ck
Director of Community Development
Attachment: ZAA No. 97-011
CC: jUSdD8VViUk0[D
File: CUP 97-018
3OO Centennial Way, Tustin, CA92788 0 p:(7i4)573-3\0U e F(7l4)573-3113 0 wwvvtostinoa,org
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