HomeMy WebLinkAboutZA 99-002/DR 99-001
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ZONING ADMINISTRATOR ACTION 99-002
CONDITIONAL USE PERMIT 99-001
The Zoning Administrator of the City of Tustin does hereby resolve as follows:
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The Zoning Administrator finds and determines as follows:
A. That a proper application for Conditional Use Permit 99-001, was filed by
Pham Thuy, requesting authorization to obtain a license for the on-site sale
and consumption of beer and wine (ABC License Type "41") in conjunction
with an existing restaurant located at 682 EI Camino Real, Tustin.
B. That the proposed use is allowed within the Central Commercial (C-2 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 February 16, 1999 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, 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. The proposed business hours are 9:30 a.m. to 9:00 p.m. Monday
through Saturday. Food prepared at the site will be available during
the hours of operation. These hours are compatible with the
surrounding uses in that the subject restaurant is located within a
commercial establishment along a commercial corridor with uses that
observe similar hours.
2. 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.
3. No billiard tables, coin operated games, dancing or entertainment
are proposed on the restaurant premises.
4. 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 project is Categorically Exempt from the requirements of the
California Environmental Quality Act, pursuant to Section 15301 (Class 1).
1 Zoning Administrator Action 99-002
Page 2
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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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5 II. The Zoning Administrator hereby approves Conditional Use Permit No. 99-001
authorizing the on-site sale and consumption of beer and wine (ABC License Type
6 "41") in conjunction with an existing restaurant located at 682 EI Camino Real,
subject to the conditions contained within Exhibit A, attached hereto.
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PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular
meeting held on the 16th day of February, 1999.
a~~~
ELIZABETH A. IN ACK
Zoning Administrator
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12 KAT ARTIN
Reco ing Secretary
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF TUSTIN )
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I, KATHY MARTIN, the undersigned, hereby certify that I am the Recording Secretary of
16 the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action
No. 99-002 passed and adopted at a regular meeting of the Tustin Zoning Administrator,
17 held on the 16th day of February, 1999.
"~~,
19 KATH. ARTIN
Recor mg Secretary
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EXHIBIT A
ZONING ADMINISTRATOR ACTION 99-002
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 99-001
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
date stamped February 16, 1999, 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.
(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 99-001 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 99-001 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
(5)
(2)
(2)
(2)
2.1 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.
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 all
business hours. Hours of operation shall be limited to 9:30 a.m. to 9:00
p.m., Monday through Saturday.
2.3 The menu of the restaurant shall consist of foods that are prepared on the
premises.
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.
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SOURCE CODES
(1 )
(2)
(3)
(4)
STANDARD CONDITION
REQUIREMENT
CEQA MITIGATION
UNIFORM BUILDING CODE/S
DESIGN REVIEW
(5)
(6)
(7)
***
RESPONSIBLE AGENCY
LANDSCAPING GUIDELINES
PC/CC POLICY
EXCEPTION
(2)
(4)
(1 )
(2)
(2)
Exhibit A
Zoning Administrator Action 99-002
February 16, 1999
Page 3
(2)
(2)
(2)
2.5 All alcoholic beverages shall be consumed on site.
2.6 "Bar"-type seating is prohibited at this location.
2.7 There shall be no billiard tables, coin operated games, dancing or live
entertainment on the premises at any time.
2.8 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.
2.9 The applicant is authorized to a maximum of forty-six (46) 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.
2.10 No outdoor seating shall be permitted unless a separate Conditional Use
Permit is approved pursuant to the current provision of the Tustin City
Code.
2.11 "No Loitering" signs shall be posted at the entrance to the restaurant.
2.12 No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the applicant.
2.13 All litter shall be removed from the exterior area around the premises
including adjacent public sidewalk areas and parking areas no less
frequently than once each day that the business is open.
(2) 2.14 Public telephones inside and adjacent to the establishment shall be
modified to prevent incoming calls.
(2)
BUILDING DIVISION
2.15 A maximum of 46 seats are permitted.
(c)
3.1
Plans shall comply with applicable codes, City Ordinances, and the State
and Federal laws and regulations including:
. 1994 Uniform Building Code with California Amendments;
· 1997 Uniform Mechanical and Plumbing Codes with California
Amendments;
· 1993 National Electrical Codes with California Amendments;
· T-24 California Disabled Access Regulations;
. T-24 California Energy Efficiency Standards;
. City of Tustin Grading an Security Ordinances;
Exhibit A
Zoning Administrator Action 99-002
February 16, 1999
Page 4
· City of Tustin Landscape and Irrigation Guidelines; and,
· City of Tustin Private Improvement Standards.
(c) 3.2 In compliance with the Uniform Building Code, applicant, designer,
Architect or Engineer must submit four sets of building plans to the
Building Division for review and approval prior to the issuance of building
permits.
(c) 3.3 In compliance with the California Code of Regulations, Title 24, Part 2,
Accessibility Standards, and prior to the plan check approval, the
designer, architect or engineer, must provide designs for accessibility for
the physically challenged to the Building Division for their review and
approval prior to the issuance of a building permit.
(c) 3.4 In compliance with the Department of Justice (Office of the Attorney
General) the designer, architect or engineers proposed project must
comply with the American Disabilities Act (ADA).
(c) 3.5 In compliance with the Tustin City Code, prior to the issuance of a building
permit, the designer, architect or engineer shall submit plans to the
Orange County Health Department for project approval; and shall submit
the approved plans to the City of Tustin Building Division for their review
and approval prior to the issuance of a building permit.
FEES
(c)
4.1
Prior to issuance of any building permits, payment shall be made of all
applicable fees, including but not limited to the following. Payment shall
be required based upon those rates in effect at the time of payment and
are subject to change.
a) Building plan-check and permit fees to the Community Development
Department based on the most current schedule.
b) Orange County Fire Authority plan-check and inspection fees to the
Community Development Department based upon the most current
schedule.
(c) 4.2 Within forty eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development Department, a
cashier 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) hours period
Exhibit A
Zoning Administrator Action 99-002
February 16, 1999
Page 5
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.
BE:99002Cup99001.dOC