HomeMy WebLinkAboutZA ACTION/CUP 03-010
ZONING ADMINISTRATOR ACTION 03-004
CONDITIONAL USE PERMIT 03-010
The Zoning Administrator of the City of Tustin does hereby resolve as follows:
I. The Zoning Administrator finds and determines as follows:
A. That a proper application for Conditional Use Permit 03-010, was filed by
Ngawai Tung and Kwong Chung Ho requesting authorization to obtain a
license for the on-site sale and consumption of beer and wine (ABC License
Type "41") in an existing restaurant located at 13816 Red Hill Avenue,
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 August 11, 2003, 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 an existing restaurant 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 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 Red Hill
Avenue where a variety of retail, office, and restaurant uses
are located.
Zoning Administrator Action 03-004
August 11 , 2003
Page 2
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 California Code of Regulations (Guidelines for the
California Environmental Quality Act).
II. The Zoning Administrator hereby approves Conditional Use Permit No. 03-010,
authorizing the on-site sale and consumption of beer and wine (ABC License Type
"41") in an existing restaurant located at 13816 Red Hill Avenue, subject to the
conditions contained within Exhibit A, attached hereto.
PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular
meeting held on the 11th day of August, 2003.
&~n! #2~~/r-
Iizabeth A. Binsack
ZONING ADMINISTRATOR
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Eloise Hams
RECORDING SECRETARY
Zoning Administrator Action 03-004
August 11, 2003
Page 3
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF TUSTIN )
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. 03-004 passed and adopted at a regular meeting of the Tustin Zoning Administrator,
held on the 11th day of August, 2003.
~rf~
Eloise Harris
RECORDING SECRETARY
EXHIBIT A
ZONING ADMINISTRATOR ACTION 03-004
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 03-010
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans for
the project date stamped August 11, 2003, 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.
(1) 1.2 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.
(1) 1.3 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.
(1) 1.4 Approval of Conditional Use Permit 03-010 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.
(1) 1.5 Conditional Use Permit 03-010 authorizes an ABC License Type "41" for the
on-site sale and consumption of beer and wine only.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
*** EXCEPTIONS
(5)
(6)
(7)
RESPONSIBLE AGENCY
REQUIREMENTS
LANDSCAPING GUIDELINES
PC/CC POLICY
Exhibit A
Zoning Administrator Action 03-004
August 11, 2003
Page 2
(1 )
***
***
1.6 As a condition of approval of Conditional Use Permit 03-011, the applicant
shall agree, at its sole cost and expense, to defend, indemnify, and hold
harmless the City, its officers, employees, agents, and consultants, from any
claim, action, or proceeding brought by a third party against the City, its
officers, agents, and employees, which seeks to attack, set aside, challenge,
void, or annul an approval of the City Council, the Planning Commission, or
any other decision-making body, including staff, concerning this project. The
City agrees to promptly notify the applicant of any such claim or action filed
against the City and to fully cooperate in the defense of any such action. The
City may, at its sole cost and expense, elect to participate in defense of any
such action under this condition.
1.7 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
community. The Director may recommend to the Planning Commission
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.
1.8 The applicant shall submit a revised parking summary for the center to
reflect a total of 442 parking spaces as shown on the site plan.
USE RESTRICTIONS
(3) 2.1 No off-site sale or consumption of alcohol for any type of ABC license is
authorized.
(5) 2.2 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
prior to installation. No outdoor seating is allowed at the site without
approvals in accordance with 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. Proposed hours of operation are Monday through Thursday from
10:00 a.m. to 10:00 p.m. and Friday through Sunday from 10:00 a.m. to
12:00 midnight.
(1) 2.4 The menu of the restaurant shall consist of foods that are prepared on the
premises.
(5) 2.5 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.
Exhibit A
Zoning Administrator Action 03-004
August 11, 2003
Page 3
Should this use change or be discontinued, authorization for this use permit
is null and void.
(5) 2.6 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) 2.7 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) 2.8 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) 2.9 An approved live entertainment permit is required prior to establishing any
dancing or live entertainment on the premises.
(1) 2.10 No sexually oriented businesses shall be conducted on the premises without
approval by the City in accordance with the Tustin City Code.
(5) 2.11 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) 2.12 The total number of seats shall not be increased from eighty-two (82) seats
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.
(2) 2.13 Public telephones shall be permitted on the inside of the establishment and
shall be modified to prevent incoming calls.
(2) 2.14 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 )(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 forty-three dollars ($43.00)
Exhibit A
Zoning Administrator Action 03-004
August 11, 2003
Page 4
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.