HomeMy WebLinkAboutZA 97-015/CUP 97-023
1
ZONING ADMINISTRATOR ACTION 97-015
CONDITIONAL USE PERMIT 97-023
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-
023 was filed by Hau-Kit Ko requesting authorization to
obtain a license for the on-site sales and consumption of
beer and wine (ABC License Type "41") in conj unction wi th
an existing restaurant located at 1061 East Main Street,
Tustin.
B. That the proposed use is allowed within the Planned
Community Commercial (PC-Comm) 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 December I, 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 heal th, 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 operat~d games, dancing or
entertainment are proposed on the restaurant
premises.
Zoning Administ~ator Action 97-015
CUP 97-023
1 December 1, 1997
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. 97-023 authorizing the on-site sale and consumption
11 of beer and wlne (ABC License Type "41") in conjunction with
an existing restaurant located at 1061 East Main Street,
12 subj ect to the conditions contained within Exhibit A, attached
hereto.
13
14 PASSED AND ADOPTED by the Zoning Administrator of the City of
Tustin at a regular meeting held on the 1st day of December, 1997.
15
16
17
RIC BROWN, C.B.O.
Zoning Administrator Designee
18
19
~~~-
KATHY RTIN
Record'ng Secretary
20
21
22
23
24
25
26
27
28
Zoning Administrator Action 97-015
CUP 97-023
1 December I, 1997
Page 3
2
STATE OF CALIFORNIA
3 COUNTY OF ORANGE
CITY OF TUSTIN
4
I, KATHY MARTIN, the undersigned, hereby certify that I am the
5 Recording Secretary of the Zoning Administrator of the Ci ty of
Tustin, California; that Zoning Administrator Action No. 97-015
6 passed and adopted at a regular meeting of the Tustin Zoning
7 l a~~~ the 1st day of December, 1997.
8 THY TIN -.,
Record' g Secretary
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT A
ZONING ADMINISTRATOR ACTION 97-015
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 97-023
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans date stamped December 1, 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 97-023 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 97-023 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
(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
22 (1)
(5 )
23
24
25
26
27
28
Exhibit A
Zoning Administrator Action 97-015
1 December I, 1997
Page 2
2
3
4
5
(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.
Proposed hours of operation are 11:30 AM through 10:00 PM,
Monday through Sunday.
(2) 2.4 The menu of the restaurant shall consist of foods that are
prepared on the premises.
6
7
8
9
(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.
10
11
12
(2 )
2.6 There shall be no billiard tables, coin operated games,
dancing or live entertainment on the premises at any time.
13
(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.
14
15
16
(4 )
2.8 Based on the number of provided parking spaces, the
applicant is authorized to a maximum of thirty-eight (38)
seats for the restaurant. 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.
17
18
19
20
21
FEES
3.1 Within forty-eight (48) hours of approval of the subject
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.