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HomeMy WebLinkAboutZA 00-014/CUP 00-028 ZONING ADMINISTRATOR ACTION 00-014 CONDITIONAL USE PERMIT 00-028 2 The Zoning Administratorof the City of Tustin does hereby resolve as follows: 3 I. 4 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 The Zoning Administratorfinds and determines as follows: A. That a proper application for Conditional Use Permit 00-028 was filed by Andrew Deak, of Mardek Enterprises 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 13771 Newport Avenue, Suite 12. B. That the proposed use is allowed within the Planned Community Commercial Zoning District, with the approval of a Conditional Use Permit, and is consistent with the General Plan in that the property is designated as "Old Town Commercial", which allows for the establishment of a restaurant with alcoholic beverage sales. In addition 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. C. That a public hearing was duly called, noticed and held on said application on October 9, 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. 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 Zoning Administrator Action 00-014 October9,2000 Page 2 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 II. 20 21 fifty (50) seats based on a shared parking program for the center. 2. That the operational characteristics and features of the proposed use 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 "Old Town Commercial" which allows for the establishment of a restaurant with alcoholic beverage sales. In addition 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. 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). The Zoning Administrator hereby approves Conditional Use Permit No. 00-014 authorizing the on-site sale and consumption of beer and wine (ABC License Type "41 ") in conjunction with an existing restaurant located at 13771 Newport Avenue, subject to the conditions contained within Exhibit A, attached hereto. 22 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 9th day of October 2000. 23 24 27 ~JJ~ ELOISE HARRIS RECORDING SECRETARY a~ A~...-k Elizabeth Binsack ZONING ADMINISTRATOR 25 26 28 29 Zoning Administrator Action 00-014 October 9, 2000 Page 3 2 STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) 3 4 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. 00-014 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 9th day of October 2000. 5 6 7 ~~ 8 9 Eloise Harris Recording Secretary 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 (1) 1.5 (1) 1.6 EXHIBIT A POTENTIAL CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 00-028 The proposed project shall substantially conform with the submitted plans for the project date stamped October 9, 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 "41" is obtained from ABC and the sale and consumption of beer and wine commences within twelve (12) months of the date of issuance of certificate of use and occupancy. The Community Development Department may grant time extensions if a written request is received within thirty (30) days prior to expiration. Approval of Conditional Use Permit 00-028 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 00-028 authorizes ABC License Type "41" for the on- site sale and consumption of beer and wine only; and, shall not be effective until a certificate of use and occupancy is approved for the expansion area approved by Conditional Use Permit No. 00-028 (13771 Newport Avenue, Suite 12). 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. Conditional Use Permit 00-028 may be reviewed on an annual basis, or more if necessary, by the Community Development Director to ascertain compliance with the conditions of approval. If the restaurant use is not operated in accordance with Conditional Use Permit 00-028, or is found to be a nuisance, or negative impacts are affecting the surrounding neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. SOURCE CODES (1) (2) (3) (4) STANDARD CONDIT/ON CEQA MITIGA TION UNIFORM BUILDING CODE/S DESIGN REVIEW RESPON~BLEAGENCYREQUlREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION (5) (6) (7) ... CUP 00-028 Exhibit A - Potential Conditions of Approval Page 2 (1) 1.7 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action. USE RESTRICTIONS (3) 2.1 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) 2.2 No outdoor seating shall be permitted unless a separate Conditional Use Permit is approved consistent with the current provisions of the Tustin City Code. (5) 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. Hours of operations shall be limited to 8:00 a.m. to 8:00 p.m. Monday through Sunday. (2) 2.4 The menu of the restaurant shall consist of foods that are prepared on the premises. (1) 2.5 There shall be no pool tables or more than four (4) coin operated games on the premises at any time. (5) 2.6 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) 2.7 To verify that the gross annual sales of food exceeds the gross annual sales of alcohol, an audited financial statement shall be provided for review and approved by the Community Development Director quarterly and/or annually, as deemed necessary. If the audited financial statement demonstrates that the sales of alcohol exceeds the sales of food, the use shall cease immediately until it can be determined whether the use is subject to distance separation requirements. (5) 2.8 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. CUP 00-028 Exhibit A - Potential Conditions of Approval Page 3 (2) 2.9 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) 2.10 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) 2.11 There shall be no dancing or live entertainment on the premises at any time. (1) 2.12 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (5) 2.13 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) 2.14 The total number of seats shall not be increased from fifty (50) unless the property owner demonstrates, through the submittal of a parking demand analysis, 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) 2.15 Public telephones shall be permitted on the inside of the establishment and shall be modified to prevent incoming calls. (2) 2.16 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. 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 $43.00 (forty-three 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.