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Home My WebLink AboutCUP 03-010 O .... ;;L -'/;;L 500- d- I Inter-Com DATE: AUGUST 11, 2003 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 03-010 APPLICANT: NGAWAI TUNG AND KWANG CHUNG HO 13816 RED HILL AVENUE TUSTIN, CA 92780 r , , I I I I I PROPERTY OWNERS: HOWARD ABEL c/o WILLIAMS REAL ESTATE LOCATION: 13816 RED HILL AVENUE ZONING: 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 AN EXISTING RESTAURANT RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action No. 03-004 approving Conditional Use Permit 03-010. 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 an existing restaurant located at 13816 Red Hill Avenue. Alcoholic beverage sales establishments are pennitted in association with a restaurant use subject to the approval of a conditional use pennit. The existing restaurant is located Zoning Administrator Report CUP 03-010 Page 2 of 4 within an existing retail center at the northeast corner of Red Hill Avenue and EI Camino Real (Attachment A - Location Map). The site is bounded by Red Hill Avenue with commercial uses and a church to the west, EI Camino Real with commercial uses to the south, San Juan Street with Rancho San Juan Condominium use to the north, and Brookside Village Apartments to the east. The existing restaurant has 82 seats with hours of operation as follows: Monday through Thursday 10:00 a.m. to 10:00 p.m. and Friday through Sunday from 10:00 a.m. to 12:00 midnight. No interior or exterior remodeling is being proposed at this time and no outdoor seating will be provided. Parking The center currently has a shared parking agreement with Drug Emporium. The proposal involves a request to serve beer and wine in conjunction with meals served at the restaurant and no increase in seating capacity is being proposed. Tustin City Code Section 9233.c(2)(f) requires that restaurants have one parking space for every three seats. Based upon the existing eighty-two (82) seats, the restaurant would require a total of twenty-eight (28) parking spaces. With the existing and proposed uses within the center, the submitted parking summary indicates a total of three hundred sixty- seven (367) parking spaces would be required. Although the parking summary indicates there are 449 parking spaces, only 442 spaces are shown on the submitted plans. Condition No. 1.8 requires the applicant to submit a revised parking summary to reflect the number of parking spaces as shown on the site plan. Since there are more than adequate number of parking spaces available at the site, no parking impact is anticipated. Analysis 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. Location: 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 9232(b)(p)(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 alcoholic Zoning Administrator Report CUP 03-010 Page 3 of 4 beverages is not permitted at this location. Condition No. 2.1 has been included to prohibit the sale of beer and wine for consumption off the premises. 2. Hours of Operation: The proposed business hours 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 a.m. 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. Servino Beer and 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. 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 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. 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. Zoning Administrator Report CUP 03-010 Page 4 of 4 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. Mw~ Ju i Willkom Associate Planner Attachments: 1. Location Map 2. Submitted Plans 3. Zoning Administrator Action No. 03-004 S:\Cdd\ZAREPORT\CUP 03-010.doc Attachment 1 Location Map .-- B(j // ~fi1~ --:;;- l!l! ~ , ' .1 I~r'! IID~_ I'l, ~fi ~~ , :~%~ ',/ ~~, f,%'vj-- J ~ f( Sf,> ~s;;;~u A " 0<~! ~,~, // I-r-"- /; 7'-.- 0, 1'/ 17 ...... "" ~ ... - III ,,," , LOCA n \ MAP - , ~"R:;:.'Jij;: ':' :~,i~'o ft, ~t'.,;,- 'l~)'l/;;:' . I( _~ '-J ~~ ~~)~~)( 1;':,1':, ~<~. Iii I~ ~~ ~ ,~lY~ '/, " .s"V/fr,\ , . I 1: ~ ){......_~'1 S ); "'-,'" [ ''I . i \J 1,,4 / ,m; CUP 03-010 13816 Red Hill Avenue Tustin, CA 92780 ~" !f-.I1:.~ .4, 'tt 'q r?!/ ~ ~ . .(/ :7' .~" ,,' ". '. :v.~ ~~ ,. /~ TIN I I. ~'Jl31 ~ . ~~~-11~ ~ <> lIIlIlII" I~JJ i ,"'.08 ~. 1_ I~.'! TlJSnN III .. I Ei3fi ~ .. 1::IU1 ~ 1~ oC" _ . 1 ~ i~ u..~ ... 1 II "IGJ,.. ((Jl ;::: ! "'" '~". ""~ R ~-T ::;" ~ ~ l:~:,"fum 11- \ h ,11 /~I! !kV ~ ~"" '"" II1II111111 ~ '- - H~ ~ ~ "'" ~:~~ 'M'''' .~" ,,~, \ ~,),~ .~ ~'''''''M'"''' ~ W [___'m_m \ I ~;,,~,\,\ ~.~' -= ~ . \. ~)C~AlI\.RI,\' ' SHfLL .'- !SO , . "89' 'll!71 ~ \J-- ~~_ J~i/ "fl' / ""'" ~j /.' 'Jl31 Jj ___~..~... , ~ -, / C M '\ ~ . "'--........... ". , Attachment 2 Submitted Plans / ~ 9 ~---~-'=--->--'-----~-- , I , t , I , II , II , I , 'I , I , II jl , ( , I , I , ~-- ! " ~ lIJ lO-VllV '" - ~ [to-Mal ~" - u In<; ,Qt-.I W8l/eo .~ .-.. I ~ .",.JfN!!: :E"';:4I4FA'i.'" -:"~~:""'Ala...:.:iit.-e.lii H3.lN3:> !JNIddOHS YlY1d lllHWtI vltWOJI1VO 'IofUSfU lDUS t(Yrr N't'S 01 l't'lN ONl"'",:> 13 ~ 3nN:v.y T1r~ ~1rO:> ~NIddOHS YZY1d 11IH1J3~ A3MJnS 'V'fS'J'V'/''vTTv' , " " " " , " " " " ,- ~ ~ ~ ~ f-;; '" I ',.. -- ~.. ... , C f ~_i j _~ -~ =i ~ ~ - ~ =l ~ - :! :::: ~ ~:=: I; ~~, ~-::-~- ----~ ,; ~ l-J_....... .~- -- ~-~ "....... ,,,,. "..,tl'J "'EO ..",... ..,.--....."..... .,_-=-~:wo., ~ 'J) . . 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H ~ ! . u ~ , , . . ;j j is IG I ~ 0 z :5 "- ~ ~ " z ~ ili ~ ~ ~[ L AItC~ OIl!lS~'tiJ 18 ~L--.JI 11 l".!i M L:J .. ~ B ;f. II Red Hill Avenue ! . . t:. ~ ~< ..oU ..0" ~." :t. ,,' ;:a'"" J ] ]~ rn ~ I ~ . . < . ~ .... z ~ r 3'-6'd @? ..... .y".a:Ql.fs.;1<tINU$IlCJ , .~ i . h ~ New Garden Floor Plan Occupany: 82 .::------. 13816 Red Hill Ave Tustin, CA 92780 (714) 730 -6618 Hours: Mon - TJ1urs 10 am - 10 pm Frf' Sun 10 am -12 pm ~ .,.~ lIt'M..llOQl "'" -"-.- ",/' .iliPpi ~DOt.:> o 0 <;; ~ o OUo 1r::L:] I (j ~ 0" t.:> EB o 0 I I w (j ~OQ t.:> EB MoO 0 I I (j I' EB oUo I I (j 0 CI:l Cashle~s III Table lJJ . 000 o 0 o 0 W M Waiting Area Attachment 3 Zoning Administrator Action No. 03-004 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. Elizabeth A. Binsack ZONING ADMINISTRATOR Eloise Harris 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. Eloise Harris RECORDING SECRETARY /~ r---, 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 CODEtS (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PCtCC 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. / ..~ - ~ , .f\