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HomeMy WebLinkAboutZA 97-016/CUP 97-024 1 ZONING ADMINISTRATOR ACTION 97-016 CONDITIONAL USE PERMIT 97-024 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- 024 was filed by Masato Tamishima requesting authorization to obtain a license for the on-site sale and consumption of beer and wine (ABC License Type "41") in conjuncti~n with an existing restaurant located at 17292 McFadden Avenue, Suite B, in Tustin. B. That the proposed use is allowed within the Retail Commercial zoning district (C-1), with the approval of a Conditional Use Permit. C. That a public hearing was duly called, noticed and held on said application on December 1, 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 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. Sale 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 97-016 Page 2 2 3 4 5 6 7 8 9 10 II. 11 12 13 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. E. That this proj ect is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). 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. The Zoning Administrator hereby approves Conditional Use Permit No. 97-024 authorizing the on-site sale and consumption of beer and wine (ABC License Type "41") in conjunction with a new restaurant located at 17292 McFadden Avenue, Suite B, subject to the conditions contained within Exhibit A, attached hereto. 14 PASSED AND ADOPTED Tustin at a regular by the Zoning Administrator of the City of meeting ~n the 1st day of December, 1997. ~~ RICK BROWN, C.B.O. Zoning Administrator Designee 15 16 17 18 19 20 21 STATE OF CALIFORNIA 22 COUNTY OF ORANGE CITY OF TUSTIN 23 I, KATHY MARTIN, the undersigned, hereby certify that I am the 24 Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 97-016 25 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 1st day of December, 1997. 26 27 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 97-016 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 97-024 GENERAL (1) 1.1 The proposed proj ect shall substantially conform wi th the submitted plans for the project date stamped December 1, 1997 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be 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 bu'ilding permi ts for the proj ect I subj ect to review and approval by the Community Development Department. (1) 1.3 Conditional Use Permit approval shall become null and void unless all permits are issued and substantial construction is underway and an Alcoholic Beverage Control License Type "41" is obtained from ABC and the sale of beer and wine begins within twelve (12) months of the date of this Exhibit. Time extensions may be granted by the Planning Commission 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 97-024 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of City's approval of the entitlement process for this project. (1) 1. 6 The applicant shall obtain all necessary permits from the County of Orange Health Care Agency. 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 97-016 Exhibit A - Conditional Use Permit 97-024 December 1, 1997 Page 3 USE RESTRICTIONS (1) 2.1 No off-site sale or consumption of alcohol for any type IT 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. (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 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 . 5 No outdoor seating shall be permi t ted 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 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 twenty seven (27) seats for the restaurant. The number of seats shall not be increased unless the property owner demonstrates, through the submi t tal 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. (7) 2 .10 No 'bar' type seating is allowed. The proposed counter seating shall be used for serving food as typical for a sushi-bar. Zoning Administrator Action 97-016 Exhibit A - Conditional Use Permit 97-024 December 1, 1997 Page 4 (4) 2.11 The applicant shall obtain all applicable permits for ,operation of the restaurant at the new location, including a building permit for tenant improvements and a change of address for the business license.o 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.