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HomeMy WebLinkAboutZAA 01-007/CUP 01-020 2 3 ZONING ADMINISTRATOR ACTION 01-007 CONDITIONAL USE PERMIT 01-020 The Zoning Administrator of the City of Tustin does hereby resolve as follows: 4 5 I. 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 Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 01-020, an amendment to 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 the 800 square foot expansion space adjacent to an existing 1000 square foot restaurant located at 13882 Newport Avenue, Suites G & F, Tustin. B. That the proposed use is allowed within the Commercial General (CG) Zoning District, with the approval of a Conditional Use Permit, and within the Community Commercial land use designation of the City of Tustin General Plan which provides for a variety of commercial uses including restaurants. 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 November 5, 2001 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, within the proposed expansion area, 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. b. The use is located in a commercial corridor along Newport Avenue where a variety of retail, office, and restaurant uses are located. Zoning Administrator Action 01-007 November 5, 2001 Page 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 II. 17 18 19 c. There is sufficient parking for the existing and proposed uses as evidenced by the parking summary prepared for the project. 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, as conditioned, the proposed use is consistent with the Alcoholic Beverage Sales Establishment Guidelines adopted by the Planning Commission on August 23,1999. E. This project is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 3 of the Califomia Code of Regulations (Guidelines for the California Environmental Quality Act). The Zoning Administrator hereby approves Conditional Use Permit No. 01-020, an amendment to Conditional Use Permit 99-023, authorizing the on-site sale and consumption of beer and wine (ABC License Type "41") in the 800 square foot expansion area adjacent to an existing 1000 square foot restaurant located at 13882 Newport Avenue, Suites G & F, subject to the conditions contained within Exhibit A, attached hereto. 20 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 5th day of November, 2001. 21 24 ULv0 a~~,~~)- Elizabeth A. Binsack ZONING ADMINISTRATOR 22 23 25 26 27 Eloise Harris RECORDING SECRETARY 28 29 Zoning Administrator Action 01-007 November 5, 2001 Page 3 2 3 STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) 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. 01-007 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 5th day of November, 2001. ~d~ Eloise Harris RECORDING SECRETARY 6 7 8 9 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 ) *** (1 ) 1.1 EXHIBIT A ZONING ADMINISTRATOR ACTION 01-007 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 01-020 The proposed project shall substantially conform with the submitted plans for the project date stamped November 5, 2001, 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 the Department of Alcoholic Beverage Control 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. All conditions in this Exhibit shall be complied with prior to the issuance of any building permits for this project or as specified, subject to review and approval of plans by the Community Development Department. Approval of Conditional Use Permit 01-020 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a revised, notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. Conditional Use Permit 01-020 authorizes an ABC License Type "41" for the on-site sale and consumption of beer and wine only. 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. Project approval may be reviewed by the Community Development Director every six (6) months from the date of this exhibit to ensure compliance with conditions of approval and to prevent any adverse impacts to the surrounding SOURCE CODES 1.2 1.3 1.4 1.5 1.6 1.7 (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGA nON UNIFORM BUILDING CODE/S DESIGN REVIEW (5) (6) (7) *** RESPONSmLEAGENCYREQUlREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A Zoning Administrator Action 01-007 November 5, 2001 Page 2 community. The Director may recommend to the Zoning Administrator modification to the existing conditions or impose new conditions as part of such review to protect the public health, safety, community aesthetics, and general welfare. BUll nlNG (3) 2.1 At the time of building permit application, the plans shall comply with the 1998 California Building Code (CBC), 1998 California Mechanical Code (CMC), 1998 California Plumbing Codes (CPC), 1998 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. (3) 2.2 Submit seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical with the building permit application. (3) 2.3 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 1998 California Building Code Appendix Chapter 29, as per type of group occupancy, or as approved by the Building Official. (3) 2.4 Prior to permit issuance, clearances from the Orange County Health Department and Orange County Fire Authority will be required. (3) 2.5 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. (3) 2.6 Signs indicating the number of occupants shall be posted in the dining rooms. The signs shall be located in a conspicuous area near the main exits. (***) 2.7 The five (5) substandard parking spaces shall be brought into conformance with the City's Parking and Landscaping Guidelines or removed or otherwise marked to prohibit parking. USF RFSTRICTIONS (3) 3.1 No off-site sale or consumption of alcohol for any type of Department of Alcoholic Beverage Control license is authorized. All alcoholic beverages shall be consumed on-site. (5) 3.2 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 Exhibit A Zoning Administrator Action 01-007 November 5, 2001 Page 3 prior to installation. No outdoor seating is allowed at the site without approvals in accordance with the Tustin City Code. (5) 3.3 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. Proposed hours of operation are 11 :30 a.m. to 9:30 p.m. (1) 3.4 The menu of the restaurant shall consist of foods that are prepared on the premises. (5) 3.5 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) 3.6 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) 3.7 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) 3.8 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) 3.9 An approved live entertainment permit is required prior to establishing any dancing or live entertainment on the premises. (1) 3.10 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (5) 3.11 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) 3.12 The total number of seats shall not be increased from thirty (30) 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. Exhibit A Zoning Administrator Action 01-007 November 5, 2001 Page 4 (2) 3.13 Public telephones shall be permitted on the inside of the establishment and shall be modified to prevent incoming calls. (2) 3.14 Business operations shall be in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. FFFS (1) 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. (1 )(5) 4.2 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.