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HomeMy WebLinkAboutCUP 01-020 DATE: ~ I nte r-Com "Ds,,; NOVEMBER 5, 2001 TO: FROM: SUBJECT: ZONING ADMINISTRATOR COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONAL USE PERMIT 01-020 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: HASSAN KEIVANNIA RED HAT RESTAURANT 13882 NEWPORT AVENUE, SUITES G & F TUSTIN, CA 92780 ELDON PRIMROSE 4823 SURREY DRIVE CORONA DEL MAR, CA 92625 13882 NEWPORT AVENUE, SUITES G & F COMMERCIAL GENERAL (CG) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: AUTHORIZATION FOR THE ON-SITE SALE OF BEER AND WINE (ABC LICENSE TYPE "41") FOR ON-SITE CONSUMPTION IN THE EXPANSION AREA OF AN EXISTING RESTAURANT RECOMMFNnATION That the Zoning Administrator adopt Zoning Administrator Action 01-007 approving Conditional Use Permit 01-020, which is an amendment to Conditional Use Permit 99- 023. Project Description The applicant is requesting authorization to obtain a license for the on-site sale of beer and wine (ABC license Type "41") in the expansion area of an existing restaurant located at 13882 Newport Avenue, Suites G & F. Alcoholic beverage sales establishments are permitted in association with a restaurant use subject to the approval of a conditional use permit. The applicant does not propose outdoor seating. Zoning Administrator Report Conditional Use Permit 01-020 November 5, 2001 Page 2 The applicant is proposing to incorporate the adjoining 800 square foot Suite F as an additional seating area for the existing restaurant. The proposed 800 square foot expansion area includes: two (2) additional restaurant seats, a food and supply storage area, and one (1) additional customer restroom. This area of the restaurant does not have a separate entrance and is only accessible through the existing restaurant interior. As part of the total interior remodel, the applicant will remove partitioning walls to create the larger dining area and the additional storage area, and will also create a food "pick-up station" adjacent to the kitchen, and larger kitchen area in the existing restaurant. The additional restroom in the adjoining suite will be incorporated to provide one restroom for each sex. Potential building permit submittal requirements are addressed in Conditions 2.1 through 2.6 of Zoning Administrator Action 01-007. SitA and Surrounding PrnpArtiAs The Red Hat Restaurant has been operating at 13882 Newport Avenue, Suite G since February 1999 (see Attachment A - Location Map). The restaurant occupies 1,000 square feet of lease space within the commercial center located on the east side of Newport Avenue, north of Bonita Street. Surrounding uses include a mix of office, commercial/retail and residential. Various commercial uses are located within the commercial center to the north and south and across Bonita Street to the south; office uses are located across Newport Avenue to the west; and multi-family residential uses are located to the east and southeast. Parking RAqllirAmAnts/Summal1' The restaurant has twenty-eight (28) interior existing seats. Two (2) additional interior seats are proposed (see Attachment B - Parking Summary and Submitted Plans). TCC Section 9233(B)(6) requires that restaurants have one parking space for every three seats; as such, a total of ten (10) spaces are required for the restaurant. Since the required parking for a twenty-eight (28) seat restaurant is ten (10) spaces based on one (1) space for each three (3) seats, the required parking for a thirty (30) seat restaurant remains the same. In addition, according to a recently conducted parking summary the entire center requires a total of thirty-seven (37) spaces and thirty-seven (37) spaces are provided. There are currently five (5) additional sub-standard parking spaces: four spaces are adjacent to the rear of the building, and one space is located in front of the monument sign on Newport Avenue. The four spaces have not been previously authorized and have the potential to obstruct exiting from the rear of the building. The short space near the monument sign has the potential to obstruct the drive aisle. As a result, Condition No. 2.7 is included to allow these spaces to be modified to be consistent with the Tustin City Code, or removed. Zoning Administrator Report Conditional Use Permit 01-020 November 5, 2001 Page 3 Alr.nhnlir. RAvAragA SaIA~ RAglll:dinn~ and GllidAlinp.~ Staff has reviewed the proposed use for conformance with the City's Alcohol Beverage Sales Establishment Guidelines adopted by the Planning Commission on August 23, 1999, and the applicable Zoning Code regulations. Issues that are relevant to the applicant's proposal include: 1. I or.Fltion: The applicant proposes to sell beer and wine for on-site consumption. The on-site consumption of alcoholic beverages is intended to be in conjunction with eating a meal on the premises. Alcoholic beverages sold in conjunction with delivery or to go orders would constitute off-site consumption. Section 9233(C)(v)(1) of the Zoning Code establishes a 300' minimum distance from any residentially zoned properties as one of three distance requirements for off-site sales of alcoholic beverages in conjunction with a restaurant. The multi-family residential is less than 300 feet from the restaurant. Therefore, off-site sales of alcohol is not permitted at this location. Condition Number 3.1 has been included to prohibit the sale of beer and wine for consumption off the premises. 2. HOllrs of Opp.rFltion: The proposed business hours are 11 :30 a.m. to 9:30 p.m. seven days a week. 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. 3. Sp.rving Bp.p.r Find Winp.: Consistent with the guidelines, conditions have' been included requiring that beer and wine be served only in conjunction with food service, and that all persons serving beer and wine shall be eighteen (18) years of age or older and supervised by someone twenty-one (21) years of age or older. A copy of the application and plans for Conditional Use Permit 01-020 was distributed to the Community Redevelopment staff and other City Departments. The site is located within the South Central Redevelopment Project Area. The other departments noted no concerns. Staff has included conditions pertaining to the City's Alcoholic Beverage Sales Establishment Guidelines in Zoning Administrator Action 01-007 (Attachment C) to mitigate concerns related to the on-site sale and consumption of beer and wine in conjunction with this restaurant. FINDINGS A decision to approve this request is supported 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 Zoning Administrator Report Conditional Use Permit 01-020 November 5, 2001 Page 4 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. 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. M!f!j UliW Assistant Planner Attachments: A - Location Map B - Parking Summary/Submitted Plans C - Zoning Administrator Action No. 01-007 Mw:\Cup01-020\Cup01-020zareport.doc ATTACHMENT A LOCATION MAP LOCATION MAP .00. PROJECT NO. ADDRESS , CUP 01-020 13882 Newport Ave "Red Hat Restaurant" J',,>,.> , '" ,. ~ ATTACHMENT B PARKING SUMMARY/SUBMITTED PLANS 1a/31/2a21 12:14 7142Sa1271 Illii I ~ r ~lll .P " I I I J I I . . . ALPHA DESIGN GROUP II I 111111 Ill' I !~lll i'~ I II I:, j ..,.,llo . . . .' I I II . : I : II . . I>I.UN L;jC!J IQIP HAT "'T~NT ttc- I .... aIlI:At-,.v --- -...- ~ trj tj ~ ~::o ~> ~~ - > ~ ~~. ~ ~~ t:tj(f1 ~~ ==> t%je ~~ ~> Z ~ III"" I~ PAGE a2 .~ 1a/31/2a21 12: 14 7142Sa1271 I" I~ ~ ..... w ~ ~ g II wCIJ I I ~ I I II. , , 'I 1j1! .~ ~ ..... ~. ~ ~ ALPHA Jl::SIGN GRCIlJP I I II , i ~ II I . IlI!!Ct HAT N!6T~ ~ alL_ .1:1) --- --- I.IIIIU I~ II il I~ PAGE a4 1B/31/2B21 12:14 7142SB1271 I · . .... I . I 1 III ruOJ . . I I I I . (II 10.1 1 ALPHA DESIGN GROUP ~ ffi1 PAGE B3 I 1 tuI:) HAT IIU!l6T~T O<CI..LA ~I) --- -....- . II IIIII! I~ ~Iii ~ ATTACHMENT C ZONING ADMINISTRATOR ACTION NO. 01-007 2 ZONING ADMINISTRATOR ACTION 01-007 CONDITIONAL USE PERMIT 01-020 3 4 The Zoning Administrator of the City of Tustin does hereby resolve as follows: 5 I. 6 7 8 9 10 II 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 c. There is sufficient parking for the existing and proposed uses as evidenced by the parking summary prepared for the project. 3 4 5 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. 6 7 8 9 10 11 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. 12 13 E. This project is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 14 15 16 II. 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 1 000 square foot restaurant located at 13882 Newport Avenue, Suites G & F, subject to the conditions contained within Exhibit A, attached hereto. 17 18 19 20 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular 21 meeting held on the 5th day of November, 2001. 22 23 24 Elizabeth A. Binsack ZONING ADMINISTRATOR 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 6 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, 7 held on the 5th day of November, 2001. 8 9 10 Eloise Harris RECORDING SECRETARY 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 GFNFRAL (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) (3) (4) 1.2 1.3 1.4 1.5 1.6 1.7 STANDARD CONDITION CEQA MITIGA TION UNIFORM BUILDING CODE/S DESIGN REVIEW (5) (6) (7) *** RESPONS~LEAGENCYREQUlREMENT 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 DING (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. USE RESTRICTIONS (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. FEES (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.