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HomeMy WebLinkAboutCUP 01-013 'o\TE: --:'tV~ Inter-com_ DECEMBER 3, 2001 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 01-013 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: JOHANNES H. WILLEMSE, JR. 13156 STANRICH PLACE GARDEN GROVE, CA 92843 JORGE GONZALES 6 LILAC IRVINE, CA 92614 HARRIET WILLIS 660 LOS ALTOS AVENUE LONG BEACH, CA 90814 14182 NEWPORT AVENUE, UNIT B RETAIL COMMERCIAL (C-1) 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 CONJUNCTION WITH AN EXISTING RESTAURANT RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 01-009 approving Conditional Use Permit 01-013. ProjAct DAscription The applicant is requesting authorization to obtain a license for the on-site sale of beer and wine (ABC license Type "41 ") in conjunction with an existing restaurant located at 14182 Newport Avenue, Unit B. Alcoholic beverage sales establishments are pc.mitted in association with a restaurant use subject to the approval of a conditional usa permit. The applicant does not propose outdoor seating. Zoning Administrator Report Conditional Use Permit 01-013 December 3, 2001 Page 2 Site and Surrounding Propertie!'; The Willy Gonzalez Restaurant has been operating at 14182 Newport Avenue, Unit B since July 2001 (see Attachment A - Location Map). The restaurant occupies 1,936 square feet of lease space within a 2,946 square foot commercial building located on the east side of Newport Avenue north of Mitchell Avenue. The only other tenant within the building is a 1,010 square foot donut shop. Surrounding uses include a mix of commercial/retail, restaurants, automotive, and residential. Various commercial uses are located within the commercial center across Newport Avenue to the west; restaurants and automotive uses to the north and south; and single- and multi-family residential uses are located to the east and northeast. Parking Requirement!';/Summar:y The restaurant has 32 interior existing seats. No additional interior or exterior seats are proposed (see Attachment B - Parking Summary and Submitted Plans). TCC Section 9232c(2)(f) requires that restaurants have one parking space for every three seats; and because there are currently 16 seats in the donut shop and 32 seats in the restaurant, a total of 16 parking spaces are required for the entire building. Since there are currently 15 parking spaces, a planter will be removed in the southeast corner of the property to create one more parking space. Based on a total of 16 spaces, the maximum number of permitted seats for the donut shop and restaurant may be, respectively, 16 and 32. Alcoholic Beverage Sale!'; Regulation!'; and Guideline!'; 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.::ltion' 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-foot 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. There are single- and multi-family residentially zoned and used properties within 300 feet from the restaurant. Therefore, the off-site sale 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. Zoning Administrator Report Conditional Use Permit 01-013 December 3, 2001 Page 3 2. HOlm; of Operation: The proposed business hours are 11 :00 a.m. to 9:00 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. Serving Reer Finn Wine: 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 01-013 were distributed to the applicable City Departments, and no concerns were noted. Staff has included conditions pertaining to the City's Alcoholic Beverage Sales Establishment Guidelines in Zoning Administrator Action 01-009 (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 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. As conditioned, the permitted use is a restaurant where the gross sales of food will exceed the gross sales of alcohol. c. The use is located in a commercial corridor along Newport Avenue where a variety of retail, office, automotive, and restaurant uses are located. d. 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. Zoning Administrator Report Conditional Use Permit 01-013 December 3, 2001 Page 4 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 Retail Commercial (C-1) 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. N{iMA U)yg:- Matt West Assistant Planner Attachments: A - Location Map B - Parking Summary/Submitted Plans C - Zoning Administrator Action No. 01-009 Mw:\Cup01-013\Cup01-013zareport.doc ATTACHMENT A LOCATION MAP LOCATION MAP ~ -----. ." , in jo PROJECT NO. ADDRESS CUP 01-013 14182 Newport Avenue, Unit B "Willy Gonzalez Restaurant" ATTACHMENT B PARKING SUMMARY/SUBMITTED PLANS ~ 1 't t.i'if .1 . I ~ ~l' :.~ I.. i ~ ,} !~ ~l~ ,. ~ . '<!" ,I", , '1 ~. i" I,. ~ d j ".,\! ~ ;, ,. ~< ~ .. , "l:'\ ~ ~H h)~ ~! H :;H i:\ ,~i~ ~ \- ',; < < < " '10.\'0.\ ~ ,j"~ ! ~ (; 1'1'" :" >. iH H H .~ ~t . . - " , [ - ~ ~J h.~ v. , '(l 'II;' i.J '. l~ I. I! ~! t .~ ~ t ~-. ~. : ~ 1;l ~ ~I::;' ~' ~ < \ ~~3 1'=.-::'" 1 ~~ " ~. 0:. - -t !~$~ ; ,:}i ,okf ;\ ~~'1.\ .~. 7'\ or ~Zq,,: .,,\ ..},,, '1~'l... 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'( l' H F.q~n\t <.'" >.tl ~ t\.l.. .~~'~~ f ~ ~ ~ ij. ~1 .. i "~nF-;1pl~ f. t I < ,. t. 1::>1 ~ .. ~ t t ~ ~t~tUf ~ :. d f ~ ~h i ~t- ~ ~ ~ ~ l ...!oi t:t......k.. 2. ~ t: 'X 'X l '0 .~~ ~ :i ~ ~ 1:;'~ ...~~f~ ~~.~. ~ ~ t qt ~ '- ~ ~ i <I :l 1. ~ ,~~ <. ~i < "-l,- :z <.. <. l ~ f' \.-~ 1! i-. ~ ~ 1\\ ~ e G @ e e Gl e @ (i)@ d~ ~!i ~ It~ ~ ~ ~~f t t ~~~ ~.f ~~~ ~h l~1-- '.1~ "-~~ ~~ ~~ ~~lt k -t - ,t~ .. ~t i}i [l~..~ @ .@ 8 8 B~81! ,Ji ~~ ~ ! i --& I <'d1 z. <. ..\ >I._,- II ;: '" ,\ ~ \\.~ ATTACHMENT C ZONING ADMINISTRATOR ACTION NO. 01-009 2 ZONING ADMINISTRATOR ACTION 01-009 CONDITIONAL USE PERMIT 01-013 3 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 01-013 was filed by Johannes H. Willemse, Jr. and Jorge Gonzalez 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 1,935 square foot restaurant located at 14182 Newport Avenue, Unit B, Tustin. B. That the proposed use is allowed within the Retail Commercial (C-1) 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 December 3, 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. As conditioned, the permitted use is a restaurant where the gross sales of food will exceed the gross sales of alcohol. Zoning Administrator Action 01-009 Decem ber 3, 2001 Page 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 II. 19 20 21 c. The use is located in a commercial corridor along Newport Avenue where a variety of retail, office, automotive, and restaurant uses are located. d. 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 California Code of Regulations (Guidelines for the California Environmental Quality Act). The Zoning Administrator hereby approves Conditional Use Permit No. 01-013 authorizing the on-site sale and consumption of beer and wine (ABC License Type "41 ") in conjunction with an existing 1 ,935 square foot restaurant located at 14182 Newport Avenue, Unit B, Tustin, 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 3'd day of December, 2001. 23 24 25 Elizabeth A. Binsack ZONING ADMINISTRATOR 26 27 28 Eloise Harris RECORDING SECRETARY 29 Zoning Administrator Action 01-009 December 3, 2001 Page 3 2 3 STATE OF CALIFORNIA) COUNTY OF ORANGE ) 4 CITY OF TUSTIN ) 5 I, ELOISE HARRIS, the undersigned, hereby certify that 1 am the Recording Secretary of 6 the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 01-009 passed and adopted at a regular meeting of the Tustin Zoning Administrator, 7 held on the 3rd day of December, 2001. 8 9 Eloise Harris 10 RECORDING SECRETARY II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 7.7 28 29 GENERAL (C) 1.1 (C) 1.2 (C) 1.3 (C) 1.4 (C) 1.5 (C) 1.6 (C) 1.7 EXHIBIT A ZONING ADMINISTRATOR ACTION 01-009 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 01-013 The proposed use shall substantially conform with the submitted plans for the project on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are found to be consistent with the provisions of the Tustin City Code and other applicable codes. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified for the project, subject to review and approval by the Community Development Department. The subject project approval shall become null and void unless a license Type 41 is obtained from the State Alcohol Beverage Control Board and a copy provided to the Community Development Department within twelve (12) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Approval of Conditional Use Permit 01-013 is contingent upon the applicant and property owner signing and returning to the Community Development Department within seven (7) days of approval, a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form within seven (7) days of approval. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. 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. 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. The applicant shall be responsible for costs associated with any necessary code enforcement action. (1) (2) (3) (4) !':OIlRCF COOF!': 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 01-009 December 3, 2001 Page 2 (C) 1.8 Conditional Use Permit 01-013 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 01-013, 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. USF RFSTRICTIONS (C) 2.1 A minimum of sixteen (16) parking spaces shall be provided to accommodate a maximum of thirty-two (32) seats with the subject restaurant and sixteen (16) seats within the adjacent donut shop. There are fifteen (15) existing parking spaces. A planter in the southeast corner of the property will be removed in order to create an additional parking space for a total of sixteen (16) spaces. (C) 2.2 The proposed project is a restaurant which by definition is a retail establishment that sells food and beverages prepared on the site, where customers are served alcoholic beverages for on-site consumption. At least 80 percent of the premises seating shall be designed and used for and must possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public. The gross annual sales of food shall exceed the sale of alcohol. Gross annual sales receipts shall be provided to the Community Development Department one year from the date of this exhibit and annually thereafter. If the gross annual sale of alcohol exceeds the gross annual sales of food, this permit shall become null and void, and the sale of alcohol shall be discontinued immediately. (C) 2.3 Applicants shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site prior to commencement of alcoholic beverage sales. A copy shall be provided to the City. (C) 2.4 The restaurant use shall operate within all applicable State, County, and Tustin City Codes. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or of 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 by the Tustin City Code. (C) 2.5 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. Exhibit A Zoning Administrator Action 01-009 December 3, 2001 Page 3 (C) 2.6 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. (C) 2.7 Public telephones inside the establishment shall be modified to prevent incoming calls. No exterior phones may be located on the premises. (C) 2.8 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (C) 2.9 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. (C) 2.10 All alcohol shall be consumed on-site with the exception of the provisions stated in the Business and Professions Code Section 23396.5 and 23401. (C) 2.11 Authorization for on-site sales of alcohol in conjunction with the restaurant use is contingent upon the restaurant use remaining at the subject site. At such time the use is discontinued or no longer the primary use of the site, the restaurant use permit shall be deemed null and void. (C) 2.12 Ambient noise of the on-site sales facility shall not exceed the standards of the City of Tustin Noise Ordinance. (C) 2.13 The restaurant menu shall consist of foods that are prepared on the premises. (C) 2.14 No outdoor seating is allowed at the site without approvals in accordance with the Tustin City Code. (C) 2.15 No outdoor storage shall be permitted. (C) 2.16 All persons serving alcoholic beverages within a restaurant establishment must be 18 years of age or older and supervised by someone 21 years of age or older. The supervisor shall be present in the same area as point of sale. (C) 2.17 The sale of alcoholic beverages within a restaurant establishment shall be limited to the hours when food is available. Service of food menu items shall occur during all business hours. (C) 2.18 Any counter area within the restaurant shall provide both food and beverage service. Exhibit A Zoning Administrator Action 01-009 December 3, 2001 Page 4 (C) 2.19 Signs indicating a total of thirty-two (32) permitted occupants shall be posted in the dining room. The signs shall be located in a conspicuous area near the main exits. (C) 2.20 No live entertainment without an approved City of Tustin Live Entertainment Permit. FEFS (C) 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 the 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.