HomeMy WebLinkAboutZA 00-011/CUP 00-016
2
3
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
29
ZONING ADMINISTRATOR ACTION 00-011
CONDITIONAL USE PERMIT 00-016
The Zoning Administrator of the City of Tustin does hereby resolve as follows:
The Zoning Administratorfinds and determines as follows:
A. That a proper application for Conditional Use Permit 00-016 was filed by
Jason Jeralds of the Tustin Brewing Company requesting authorization to
obtain a license for the on-site sale and consumption of beer, wine and
distilled spirits (ABC License Type "47") in conjunction with an existing
restaurant located at 13011 Newport Avenue, #100.
B. That the proposed use is allowed within the Central Commercial (C-2)
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 July 24, 2000 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 proposed use is in conjunction with a restaurant where
food will be served at all times when alcoholic beverages are
served. As conditioned, no ancillary bar use would be able to
be established at the subject location.
b. The use is located in a commercial corridor along Newport
Avenue where a variety of retail, office, and restaurant uses
are located.
c. The restaurant would comply with the current parking
requirements in that prior City approvals allowed a maximum
of 143 seats and there are no modifications proposed to the
current seating configuration.
Zoning Administrator Action 00-011
July 24, 2000
Page 2
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 II.
20
21
22
2. That the operational characteristics and features of the facility are
appropriate for the location in relation to surrounding areas, and other
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 "Central Commercial" 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 June 19, 2000.
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. 00-016
authorizing the on-site sale and consumption of beer, wine and distilled spirits
(ABC License Type "47") in conjunction with an existing restaurant located at
13011 Newport Avenue, #100, subject to the conditions contained within Exhibit A,
attached hereto.
23
PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular
meeting held on the 24th day of July 2000. .
24
27
~~.L ~-"k-
IZABETH A. BINSACK
ZONING ADMINISTRATOR
25
26
28
29
Zoning Administrator Action 00-011
July 24, 2000
Page 3
2
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
3
4
5
I, ELOISE HARRIS, 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. 00-011 passed and adopted at a regular meeting of the Tustin Zoning Administrator,
held on the 24111 day of July 2000.
6
7
8
9
ELOISE HARRIS
10 Recording Secretary
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
GENERAL
(1 )
(1 )
(1 )
(1 )
***
(1 )
1.1
1.2
1.3
1.4
1.5
1.6
EXHIBIT A
ZONING ADMINISTRATOR ACTION 00-011
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 00-016
The proposed project shall substantially conform with the submitted plans for
the project dated July 24, 2000 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.
Conditional Use Permit approval shall become null and void unless an
Alcoholic Beverage Control License Type "47" is obtained from ABC and the
sale and consumption of beer, wine and distilled spirits 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.
Approval of Conditional Use Permit 00-016 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.
Conditional Use Permit 00-016 authorizes ABC License Type "47" for the on-
site sale and consumption of beer, wine and distilled spirits only.
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.
All other conditions of approval in Planning Commission Resolution Nos.
3413 and 3570 shall remain in effect unless herein modified.
SOURCE CODES
-----------------..--..------------------------..-----------------------....----------------------....------------------_....-
(1)
(2)
(3)
(4)
***
STANDARD CONDITION
CEQA MITIGATION
UNIFORM BUILDING CODE/S
DESIGN REVIEW
EXCEPTIONS
(5)
(6)
(7)
RESPONSIBLE AGENCY
REQUIREMENTS
LANDSCAPING GUIDELINES
PC/CC POLICY
Exhibit A
Zoning Administrator Action 00-016
July 24, 2000
Page 2
(1) 1.7 This Conditional Use Permit may be reviewed by the Director of Community
Development within six (6) months after the date of this approval and at six
(6) month intervals thereafter, or more frequently if necessary, to determine if
the operations are conducted in accordance with this approval. If the Director
of Community Development determines that the method of operation is
inconsistent with any of the conditions of this approval or other applicable
regulations, the applicant shall, within five (5) business days of the date of
written notice from the City to do so, cease all violations. The Director of
Community Development may also impose additional conditions or
modifications to the existing conditions or facilities as part of such review to
protect the public health, safety and general welfare.
(1) 1.8 Any violation of any of the conditions imposed by this Resolution is subject to
the imposition of a civil penalty of $100.00 for each violation and each day
the violation exists.
(1) 1.9 The applicant shall be responsible for costs associated with any necessary
code enforcement action.
USE RESTRICTIONS
(3) 2.1 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 prior to serving alcoholic beverages. A copy shall be provided to the
Community Development Department.
(3) 2.2 No off-site sale or consumption of alcohol 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) 2.3 To verify that gross annual sales of food exceed the gross annual sales of
alcoholic beverages, an audited financial statement shall be provided for
review and approved by the Community Development Director quarterly. If the
audited financial statement demonstrates that the sales of alcoholic beverages
exceeds the sales of food, then the sale of alcoholic beverages shall cease
immediately until it can be determined whether the use is operating as a
restaurant or a club that would be subject to distance separation requirements.
(5) 2.4 Hours of sales of beer, wine and distilled spirits shall be limited to the hours
when food is available. Menu items shall be available during all business
hours. Hours of operation shall be limited to 11 :30 a.m. through 12:00
midnight, Monday through Friday, 9:00 a.m. and 2:30 a.m. on Saturday, and
9:00 a.m. through 12:00 midnight on Sunday. The outdoor seating area shall
close at 11 :00 p.m. each day. Any extension of these hours shall require
Exhibit A
Zoning Administrator Action 00-016
July 24, 2000
Page 3
approval of an amendment of Conditional Use Permit 00-016 by the Zoning
Administrator.
(1) 2.5 Menu items shall consist of foods that are prepared on the premises.
(5) 2.6 Authorization for the on-site sales of beer, wine and distilled spirits (ABC
License Type "47") 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) 2.7 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) 2.8 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.
(2) 2.9 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) 2.10 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) 2.11 No sexually oriented businesses shall be conducted on the premises without
approval by the City in accordance with the Tustin City Code.
(5) 2.12 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) 2.13 A maximum number of 143 seats are allowed in conjunction with the
restaurant use unless the property owner demonstrates, through the submittal
of a parking demand study for Plaza Lafayette, 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) 2.14 Business operations shall be conducted 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.
Exhibit A
Zoning Administrator Action 00-016
July 24, 2000
Page 4
(3) 2.15 Ambient noise within outdoor seating area shall not exceed the standards of
the City of Tustin Noise Ordinance.
(2) 2.16 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.
FEES
(1 )(5) 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.