HomeMy WebLinkAboutZA 99-009/CUP 99-023
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ZONING ADMINISTRATOR ACTION 99-009
CONDITIONAL USE PERMIT 99-023
The Zoning Administrator of the City of Tustin does hereby resolve as follows:
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I. The Zoning Administrator finds and determines as follows:
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A.
That a proper application for Conditional Use Permit 99-023, was filed by
Hassan Keivannia 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 13882 Newport Avenue,
Suite G, Tustin.
B.
That the proposed use is allowed within the Commercial General (CG)
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 1, 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. That the establishment, maintenance and operation of selling alcoholic
beverages for on-site consumption will not be detrimental to the health,
safety, morals, comfort, or general welfare of the persons residing or
working in the neighborhood, nor be injurious or detrimental to the
property and improvements in the neighborhood of the subject property,
or to the general welfare of the City of Tustin, in that:
a.
The use is restaurant where food will be served at all times
when alcoholic beverages are served.
The use is located in a commercial corridor along Newport
Avenue where a variety of retail, office, and restaurant uses
are located.
There is sufficient parking for the existing and proposed uses
as evidenced by the parking summary prepared for the
project.
b.
c.
2. That the operational characteristics and features of the facility are
appropriate for the location in relation to surrounding areas, and other
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Zoning Administrator Action 99-009
November 1, 1999
Page 2
similar uses selling or serving alcoholic beverages, in that the use is
located in a commercial corridor and is limited to restaurant seating
with on-site sales of alcoholic beverages only. As conditioned, no off-
site alcoholic beverage sales are permitted and food must be served
during all hours in. which alcoholic beverages are served. The
characteristics of the use and hours of operation would be similar to
other restaurants in the vicinity.
3. That the proposed use is consistent with the General Plan and Zoning
Code in that the property is designated as "Community Commercial"
and zoned "Commercial General" which allows for the establishment of
a restaurant use with on-site sale of alcoholic beverages subject to
approval of a conditional use permit.
4. That, as conditioned, the proposed use is consistent with the Alcoholic
Beverage Sales Establishment Guidelines adopted by the Planning
Commission on August 23, 1999.
E. That this project 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. 99-023
authorizing the on-site sale and consumption of beer and wine (ABC License Type
"41") in conjunction with an existing restaurant located at 13882 Newport Avenue,
Suite G, 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 1 st day of November, 1999.
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S OTT REEKSTIN
ZONING ADMINISTRATOR DESIGNEE
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Zoning Administrator Action 99-009
November 1, 1999
Page 3
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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
the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action
No. 99-009 passed and adopted at a regular meeting of the Tustin Zoning Administrator,
held on the 1st day of November, 1999.
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EXHIBIT A
ZONING ADMINISTRATOR ACTION 99-009
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 99-023
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans for
the project date stamped November 1, 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 99-023 is contingent upon the applicant
signing and returning an "Agreement to Conditions Imposed" form as
established by the Director of Community Development which states that the
property owner, applicant, and/or tenant agrees to comply with all conditions
imposed by the City. Failure to comply with the conditions of approval shall
be grounds for revocation of the conditional use permit.
(1) 1.4 Conditional Use Permit 99-023 authorizes ABC License Type "41" for the on-
site sale and consumption of beer and wine only.
(1) 1.5 The applicant shall hold and defend the City of Tustin from all claims and
liabilities arising out of a challenge of the City's approval for this project.
PLAN SUBMITTAL
(1) 2.1 Parking spaces 43-46 shall be removed from the site plan and the parking
summary. The parking summary shall indicate a total of 42 off-street parking
spaces provided. The revised parking summary shall be transposed onto the
site plan.
SOURCE CODES
(1)
(2)
(3)
(4)
STANDARD CONDIT/ON
CEQA MIT/GA TION
UNIFORM BUILDING CODE/S
DESIGN REVIEW
(5)
(6)
(7)
***
RESPONSmLEAGENCYREQWREMENT
LANDSCAPING GWDELlNES
PC/CC POLICY
EXCEPTION
Exhibit A
Zoning Administrator Action 99-009
November 1, 1999
Page 2
(1) 2.2 Approval of Conditional Use Permit 99-023 is contingent upon the applicant
submitting (2) sets of the revised site plan to the Community Development
Department.
USE RESTRICTIONS
(3) 3.1 The applicant shall obtain the appropriate license from the State Department
of Alcoholic Beverage Control for the type of alcoholic sales authorization for
the site. A copy must be provided to the Community Development
Department.
(3) 3.2 No off-site sale or consumption of alcohol for any type of ABC license is
authorized. All alcoholic beverages shall be consumed on-site, except for
the provisions stated in the Business and Professions Code Section 23396.5
and 23401.
(5) 3.3 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. No outdoor seating is allowed at the site without
approvals in accordance with the Tustin City Code.
(5) 3.4 Hours of sales of beer and wine shall be limited to the hours when food is
available. Menu items shall be available during all business hours of the
restaurant. Hours of operation shall be limited to 11 :30 a.m. to 9:30 p.m.
(1) 3.5 The menu of the restaurant shall consist of foods that are prepared on the
premises.
(5) 3.6 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.
(5) 3.7 The restaurant shall operate within all applicable State, County and Tustin
City Code provisions. Any violations of the regulations of the Department of
Alcoholic Beverage Control as they pertain to the subject location, or the City
of Tustin, as they relate to the sale of alcoholic beverages, may result in the
revocation of the subject Conditional Use Permit, as provided for the Tustin
City Code.
(2) 3.8 No loitering signs shall be placed near the entrance on the outside of the
premises or in other specified locations where alcoholic beverages are sold.
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Exhibit A
Zoning Administrator Action 99-009
November 1, 1999
Page 3
(2) 3.9 All litter shall be removed from the exterior areas around the premises
including adjacent public sidewalk areas, and parking areas, no less
frequently than once each day that the business is open.
(2) 3.10 There shall be no dancing or live entertainment on the premises at any time
without prior approval in accordance with the Tustin City Code.
(1) 3.11 No sexually oriented businesses shall be conducted on the premises without
approval by the City in accordance with the Tustin City Code.
(5) 3.12 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 the same area as the point of sale.
(2) 3.13 The total number of seats shall not be increased from twenty-eight (28)
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) 3.14 Public telephones shall be permitted on the inside of the establishment and
shall be modified to prevent incoming calls and no exterior phones may be
located on the premises.
(2) 3.15 Business operations shall be in a manner which does not create a public or
private nuisance. Any such nuisance must be abated immediately upon
notice by the City of Tustin.
(3) 3.16 Ambient noise of the on-site sales facility shall not exceed the standards of
the City of Tustin Noise Ordinance.
(5) 3.17 The gross annual sales receipts shall be provided to the Community
Development Department annually.
FEES
(1 )(5) 4.1 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.
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