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HomeMy WebLinkAboutZA 97-013/CUP 97-016, DR 97-025 1 2 ZONING ADMINISTRATOR ACTION 97-013 CONDITIONAL USE PERMIT 97-016 AND DESIGN REVIEW 97-025 NOVEMBER 24, 1997 3 4 The Zoning Administrator of the City of Tustin does hereby resolve as follows: 5 I . 6 7 8 9 10 11 12 13 14 15 16 D. 17 18 E. 19 20 21 22 23 24 25 26 27 28 The Zoning Administrator finds and determines as follows: A. That a proper application, Conditional Use Permit 97-016 and Design Review 97-025, was filed by Rodney Bechtel, to authorize the establishment of drive-thru operations and to authorize the sale of alcoholic beverages located in an existing restaurant at 765 EI Camino Real. B. That a public hearing was duly called, noticed and held on said application on November 24, 1997 by the Zoning Administrator. C. That the proposed uses are allowed in the Central Commercial Parking and Cultural Resource Overlay (C2-P & CR) District subject to the approval of a Conditional Use Permit (Tustin City Code Sections 9233(C) (g) and 9233(C) (v) respectively). That the subject property is located within the Town Center Redevelopment Project Area and the design and improvements proposed are consistent with the Plan. 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, and there are no proposed exterior modifications to the restaurant. Zoning Administrator Action 97-013 November 24, 1997 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 G. 23 24 25 H. 26 27 28 6 . 2. The alcoholic beverages sales on the outdoor patio will be required to meet Department of Alcoholic Beverage Control standards for access and visibility. 3 . As conditioned, there is adequate parking for the restaurant and other uses through the use of on-site parking. 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 (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 operation of a drive-thru would not resul t in a detriment to the immediate neighborhood or City in that queuing of the drive-thru lane would be accommodated on-site in the d~ive aisle. No impacts on surrounding properties or uses caused by increased vehicular traffic or vehicle queuing are anticipated. 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. F. This project has been determined to be Categorical"ly 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. 1 Zoning Administrator Action 97-013 November 24, 1997 Page 3 2 3 II. The Zoning Administrator hereby approves Conditional Use Permit 97-016 and Design Review 97- 025 to authorize the establishment of drive-thru service and the sale of alcoholic beverages at an existing restaurant located at 765 EI 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 meetlng held on the 24th day of November, 1997. ~ ~~ Rick Brown Zoning Administrator's Designee 8 9 10 11 ~ 7lJ~) .~~ BA BA REYES ~-- Recording Secretary 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. 97-013 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 24th day of November, 1997. 18 19 20 21 ~~.)~ BARBA REYES ~ Recor ing Secretary 22 23 24 25 26 27 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 97-013 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 97-016 AND DESIGN REVIEW 97-025 GENERAL (1) 1.1 The proposed proj ect shall substantially conform wi th the submitted plans for the project date stamped November- 24, 1997 on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permi ts for the proj ect, subj ect to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 97-016 and Design Review 97-025 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and ~iabilities arising out of a challenge to the City's approval of this project. USE RESTRICTIONS (3) 2.1 No off-site consumption of alcohol, including through the drive-thru window, for any type of ABC license is authorized. All alcoholic beverages shall be consumed on- site. SOURCE CODES (1) (2) (3) (4) *** STANDARD CONDITION EIR MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTION (5) (6) (7) (8) SPECIFIC PLAN RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Zoning Administrator Action 97-013 November 24, 1997 Page 2 (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 Heal th 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. (2) 2.7 Consumption of alcoholic beverages in the outdoor seating area is prohibited unless it is demonstrated that the outdoor seating area complies with Department of Alcoholic Beverage Control access and visibility standards. DRIVE-UP OPERATIONS (4) 3.1 The hours of operation for the drive-up lane shall be limited to those hours that the restaurant is open to dine-in customers. (4) 3.2 Detailed elevations for the proposed menu board shall be submitted to the Community Development Department for review. PLAN SUBMITTAL (3) 4.1 All improvements shall comply with Title-24 California Access regulations for disabled persons. 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 re~iew fees to the Community Development Department. Exhibit A Zoning Administrator Action 97-013 November 24, 1997 Page 3 (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.