HomeMy WebLinkAbout02 ZA REPORT TACO CHICO ZONING ADMINISTRATOR ITEM # 2
DATE: NOVEMBER 16, 2023
TO: JUSTINA L. WILLKOM, ZONING ADMINISTRATOR �►
US IN
FROM: ADAM WONG, PLANNING TECHNICIAN
SUBJECT: ZONING ADMINISTRATOR ACTION (ZAA) NO. 23-007;
CUP 2023-0017 (17582 SEVENTEENTH STREET, UNIT 104)
SUMMARY: The Zoning Administrator will consider Conditional Use Permit (CUP)
2023-0017, a request to allow on-site sales and consumption of beer and wine (Type
41 ABC license) in conjunction with a restaurant located at 17582 Seventeenth Street,
Unit 104. The CUP application was filed by Thomas Ortega from Taco Chico.
PROJECT DESCRIPTION:
Project Summary
The applicant, Thomas Ortega, is requesting authorization to sell beer and wine for on-
site consumption (Type 41 ABC License) in conjunction with an existing 2,341 square
foot restaurant. The restaurant, "Taco Chico", is a full-service, casual dining, Mexican
restaurant.
The floor plan includes an indoor dining area, service area, multiple storage areas, and
kitchen (Figure 1).The restaurant is located within a multi-tenant center (OakTree Plaza)
on Seventeenth Street. The applicant intends to use the Type 41 ABC license to offer
patrons a selection of beer and wine with the meal service. Service of any beer and wine
will be restricted to the indoor dining area only.
The indoor dining area can accommodate approximately 44 seats and 19 tables.
(Attachment A: Submitted Plans).
ZA Item #2
November 16, 2023 111"T,CUP 2023-0017
Page 2
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Dining Area
Service Area
❑ Alcohol Storage Area
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Figure 1 - Floor Plan
Alcoholic Beverage Sales-
The sale and consumption of beer and wine (Type 41 ABC license) in conjunction with
a restaurant can be authorized in conformance with the City's Alcoholic Beverage Sales
Establishment Guidelines adopted by the Planning Commission on March 13, 2018, and
TCC Section 9271(dd). Pursuant to TCC Section 9271(dd), on-site alcoholic beverage
sales, that includes on-site sale of alcohol at restaurants for on-site consumption, are
exempt from distance separation requirements to sensitive uses and other alcoholic
beverage sales establishments. In conformance with the Conditions of Approval and
applicable regulations from the State Alcoholic Beverage Control Department (ABC),
ZA Item #2
November 16, 2023 111"T,CUP 2023-0017
Page 3
the applicant is required to provide full menu food service when alcohol is available for
sale and consumption.
Hours of Operation
The proposed hours of operation are Sunday to Thursday from 10:00 AM to 8:30 PM
and Friday to Saturday from 10:00 AM to 9:30 PM as shown in Table 1. The proposed
hours of operation are consistent with the hours of other similar businesses in the
vicinity.
Table 1
Operating Hours
Opening Hour I Closing Hour
Sunday through Thursday
Restaurant (indoor) 10:00 AM 8:30 PM
Friday through Saturday
10:00 AM 9:30 PM
Pubic Convenience and Necessity
The project site is located in Census Tract No. 0755.04, and the ABC has confirmed that
the Census Tract is over-concentrated with establishments that serve alcohol. There
are currently 14 on-site alcoholic beverage sales licenses in the Census Tract.
Conversely, compliance with the ABC regulations and the proposed Conditions of
Approval would allow the proposed use to add to the diversity of uses within the area.
Furthermore, the Tustin Police Department reviewed the proposal and does not have
any concerns regarding the proposed hours of operation or the approval of the proposed
CUP.
Parking
The sale of alcohol is proposed as an accessory use within an existing restaurant tenant
space. The tenant space is located within the Planned Community Commercial zone,
and the proposed sale of alcohol for on-site consumption is an accessory use to a current
restaurant tenant (Taco Chico); therefore, no additional parking is required.
ZA Item #2
November 16, 2023111 CUP 2023-0017 "T,
Page 4
CONCLUSION:
Analysis of CUP 2023-0017 has determined that the establishment, maintenance, and
operation of the proposed on-site alcoholic beverage sales, in conjunction with 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 of the proposed
use, 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.
Furthermore, the proposed on-site sales and consumption of beer and wine (Type 41
ABC license) in conjunction with a restaurant, as conditioned, is consistent with the
Planning Commission Guidelines for Alcoholic Beverage Sales Establishments and TCC
Section 9271(dd). Findings to support the request have been included in ZAA No. 23-
007.
Based on this report, the findings and Conditions of Approval contained in ZAA 23-007,
staff recommends that the Zoning Administrator adopt ZAA 23-007 approving CUP
2023-0017 to authorize the sale of beer and wine (Type 41) in conjunction with a
restaurant located at 17582 Seventeenth Street, Unit 104.
Attachments:
A. Submitted Plans dated November 16, 2023
B. Zoning Administrator Action (ZAA) No. 23-007
Exhibit A — Conditions of Approval
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MATSON ARCHITECTS INC. Taco CHICO
JONATIiAN S.MATSON.A.I.A. I7582 I7TH ST.
13271 South Street
ce,tltt,,,C,lif—nla 90703 TUSTIN,CA.92780
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ATTACHMENT B
ZONING ADMINISTRATOR ACTION 23-007
CONDITIONAL USE PERMIT 2023-0017
17582 SEVENTEENTH STREET, UNIT 104
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 (CUP) 2023-0017 was filed
by Thomas Ortega, on behalf of Parq Taco Company LLC, dba "Taco Chico",
requesting authorization to allow the on-site sale and consumption of beer and
wine (Type 41 ABC License) in conjunction with a restaurant establishment
(Taco Chico) located at 17582 Seventeenth Street, Unit 104.
B. The project site is within the Planned Community Commercial zone designated as
Oak Tree Plaza, where alcoholic beverage establishments are listed as
conditionally permitted uses pursuant to Tustin City Code (TCC) Section
9232(b)(2) and subject to TCC Section 9271(dd) and the Planning Commission's
Guidelines for Alcoholic Beverage Sales Establishments. Furthermore, TCC
Section 9299b(3)(g) authorizes the Zoning Administrator to review and approve
CUPs for alcoholic beverage sales licenses for restaurants.
C. That a public hearing was duly called, noticed, and held for CUP 2023-0017 on
November 16, 2023, by the Zoning Administrator.
D. That the establishment, maintenance, and operation of the proposed use 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 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:
1) The proposed sale of on-site alcoholic beverages, in conjunction with the
existing restaurant use, is allowed within the Planned Community Commercial
zone. The project site is designated as (PC Com)which allows for a variety of
retail, professional office, and service-oriented business activities serving a
regional and community-wide area and population.
2) As conditioned, the proposed on-site consumption of alcohol shall comply
with the Alcoholic Beverage Sales Establishment Guidelines as adopted by
the Planning Commission on March 13, 2018, and TCC Section 9271(dd).
3) As conditioned, the on-site sale and consumption of alcoholic beverages
would operate in conjunction with a restaurant where food will be served at all
times that alcoholic beverages are sold and served.
4) The restaurant use is located within a retail shopping center where a variety
of retail and food establishment uses are located. As conditioned, the
Zoning Administrator Action 23-007
CUP 2023-0017 (Type 41 ABC License)
Page 2
characteristics of the restaurant use and hours of operation of the restaurant
would be similar to other food establishments in the vicinity.
5) The proposed addition of alcohol sales will not result in any additional parking
requirements for the existing business since it will be an accessory use and
no expansion is proposed to the existing tenant space.
6) The Tustin Police Department has reviewed the application and has no
immediate concerns.
E. That the operational characteristics and features of the facility, such as the hours
of operation, are appropriate for the location and type of use proposed in relation
to surrounding residential areas, sensitive uses such as places of worship, parks,
schools, hospitals, clinics, convalescent homes, and other similar uses selling or
serving alcoholic beverages, in that:
1) As conditioned, business operations, including hours of operation, would be
conducted in a manner which does not create a public or private nuisance.
2) As conditioned, the owner or manager of the licensed premises would
maintain a written security policy and procedures manual on the premises.
The security policy would identify individuals who are responsible for the
premises.
3) The on-site consumption of alcoholic beverages would be in conjunction
with a restaurant where food will be served at all times when alcoholic
beverages are served.
4) The proposed restaurant is located within a retail center where a variety of
retail and food uses are located. The applicant requests to operate the
restaurant Sunday to Thursday from 10:00 AM to 8:30 PM and Friday to
Saturday from 10:00 AM to 9:30 PM. These hours are consistent with the
characteristics of restaurant uses and the hours of operation of the
restaurant would be similar to other restaurants in the vicinity.
F. That although the proposed establishment is located within an over-concentrated
area of alcoholic beverage sales licenses, the sales of alcoholic beverages would
not have a negative impact on the community, in that:
1) The proposed sale of alcoholic beverages is in conjunction with the
establishment of a restaurant.
2) The Tustin Police Department has reviewed the application and has no
immediate concerns, as the property, where the project is located, does not
have a high crime rate. As conditioned, the owner or manager of the
licensed premises would maintain a written security policy and procedures
manual on the premises.
Zoning Administrator Action 23-007
CUP 2023-0017 (Type 41 ABC License)
Page 3
3) The California Department of Alcoholic Beverage Control (ABC) has
confirmed that Census Tract No. 0755.04, where the project is located, is
an over-concentrated area. There are currently 14 on-site alcoholic
beverage sales licenses in the Census Tract. While the business is located
within an over-concentrated area for on-site alcoholic beverage sales, the
proposed on-site alcoholic beverage sales within a restaurant
establishment will not contribute negatively to the undue concentration of
alcohol establishments in Census Tract No. 755.04 in that the business
would add to the diversity of uses within this area and shall be required to
comply with ABC's license restrictions and the proposed Conditions of
Approval.
G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the
California Code of Regulations (Guidelines for the California Environmental Quality
Act).
II. The Zoning Administrator hereby approves CUP 2023-0017 authorizing the on-site sale
and consumption of beer and wine (Type 41 ABC License) in conjunction with a
restaurant establishment (Taco Chico) located at 17582 Seventeenth Street, Unit 104,
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 on the 16t" day of November 2023.
JUSTINA L. WILLKOM
ZONING ADMINISTRATOR
VERA HURTADO
RECORDING SECRETARY
Zoning Administrator Action 23-007
CUP 2023-0017 (Type 41 ABC License)
Page 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, VERA HURTADO, 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. 23-007 passed and adopted at a regular meeting of the Tustin Zoning Administrator,
held on the 16tht" day of November 2023.
VERA HURTADO
RECORDING SECRETARY
EXHIBIT A
CONDITIONAL USE PERMIT 2023-0017
DRAFT CONDITIONS OF APPROVAL
17582 SEVENTEENTH ST UNIT 104
GENERAL
(1) 1.1 The proposed project shall substantially conform with the plans dated
November 16, 2023, on file with the Community Development
Department, as herein modified, or as modified by the Community
Development Director in accordance with this Exhibit. The Community
Development Director may also approve subsequent minor modifications
to plans if such modifications are consistent with provisions of the Tustin
City Code (TCC) and other applicable codes.
(1) 1.2 The conditions contained in this Exhibit shall be complied with, as specified,
subject to review and approval by the Community Development Department.
(1) 1.3 This approval shall become null and void unless the use is established
within 12 months of the date of this Exhibit. Time extensions may be
granted if a written request is received by the Community Development
Department within 30 days prior to expiration.
(1) 1.4 Approval of CUP 2023-0017 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 notarized "Notice of
Discretionary Permit Approval and Conditions of Approval" form. The forms
shall be established by the Community Development Director, and evidence
of recordation shall be provided to the Community Development
Department.
Failure to comply with the Conditions of Approval of the establishment
creates undue burden to City resources, or if the CUP is abandoned for a
12- month period, these circumstances shall be grounds for revocation of
the CUP.
(1) 1.5 Any transfer of ownership of the establishment and/or operator shall require
the new owner and/or operator to sign and return an "Agreement to
Conditions Imposed" form provided by the Community Development.
Failure to do so would be a basis for revocation proceeding.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTION
Zoning Administrator Action 23-00
CUP 2023-0017 (Type 41 ABC License)
November 16, 2023
Page 2
(1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of
an Administrative Citation pursuant to TCC Section 1162(a).
(1) 1.7 CUP 2023-0017 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
the Conditions of Approval. If the use is not operated in accordance with
CUP 2023-0017 or is found to be a nuisance or negative impacts are
affecting the surrounding tenants or neighborhood, the Community
Development Director shall impose additional conditions to eliminate the
nuisance or negative impacts or may initiate proceedings to revoke the
CUP.
(1) 1.8 As a Condition of Approval of CUP 2023-0017, 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, Zoning
Administrator, 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 the defense of any such action under this condition.
(1) 1.9 The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorney's fees, subject to the applicable
notice, hearing, and appeal process as established by the City Council by
ordinance.
(1) 1.10 All Conditions of Approval for CUP 2023-0017 shall remain in full force and
effect for as long as the business continues to operate.
(1) 1.11 Approved uses shall operate within all applicable State, County, and TCC
regulations. Any violations of the regulations of the ABC 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 CUP, as
provided by the TCC.
Zoning Administrator Action 23-00
CUP 2023-0017 (Type 41 ABC License)
November 16, 2023
Page 3
USE RESTRICTIONS
(1) 2.1 This approval provides authorization for a Type 41 ABC license for the on-
site sales and consumption of beer and wine only in conjunction with an
existing restaurant. Any changes to the ABC License shall be reviewed and
approved by the Community Development Director.
(1) 2.2 The applicant shall obtain the appropriate license from ABC for the type of
alcoholic sales authorized for the site. A copy shall be provided to the City
prior to operating the alcoholic sales.
(1) 2.3 The business may operate during the following hours unless otherwise
modified with the approval of the Zoning Administrator in compliance with
the City's Alcoholic Beverage Sales Establishment Guidelines.
Operating Hours
Opening Hour Closing Hour
Sunday through Thursday
Restaurant (indoor) 10:00 AM 8:30 PM
Friday through Saturday
10:00 AM 9:30 PM
If there is a marked or noticeable increase in the number of police related
incidents on or near the premises, as such increase may be determined by
the Chief of Police, the applicant may be required to provide State-licensed,
uniformed security guards at a number determined by the Chief of Police.
(1) 2.4 Food must be served whenever the privileges of the on-sale alcohol
license(s) are being exercised.
(1) 2.5 All managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods
and skills for selling alcoholic beverages. The ABC must approve said
training program. Records of each employee's successful completion of the
certified training program required by this section shall be maintained on the
premises of the alcoholic beverage sales establishment and shall be
presented upon request by a representative of the City of Tustin.
(1) 2.6 The applicant, or an employee of the licensee, must be present to monitor
all areas of the establishment during all times that alcoholic beverages are
being served or consumed.
Zoning Administrator Action 23-00
CUP 2023-0017 (Type 41 ABC License)
November 16, 2023
Page 4
(1) 2.7 The applicant shall, at all times, utilize an age verification means or device
for all purchases of alcoholic beverages. Such verification of age is not
intended to discriminate against patrons based on race, ethnicity or legal
status, but only to comply with State law restricting the sale of alcohol to
those 21 years of age and older.
(1) 2.8 Employees and contract security personnel shall not consume any alcoholic
beverages during their work shift, except for product sampling for purposes
of employee education about new products. Under no circumstances may
contract security personnel consume alcoholic beverages during their work
shift.
(1) 2.9 All alcohol shall be consumed on-site, with the exception of the provisions
stated in Business and Professions Code Sections 23396.5. and 23401 .
(1) 2.10 There shall be no fixed bar or lounge area upon the premises maintained
for the sole purpose of sales, service or consumption of alcoholic beverages
directly to patrons.
(1) 2.11 Live entertainment shall be subject to the issuance of a live entertainment
permit pursuant to TCC Chapter 2 Part 3, and shall comply with all of the
standards contained therein.
(1) 2.12 There shall be no special events sponsored by or involving an outside
promoter or any other person other than the applicant and/or property
owner. The building may not be sublet to a separate business or promoter
or person other than the applicant and/or property owner.
(1) 2.13 In the event that there is a queuing line, the business owner, or his designee,
shall be responsible for monitoring the queuing lines at all times. No food
or beverages shall be consumed while in queuing lines. The outdoor
queuing line shall not block public walkways or obstruct the entry or exit
doors of adjacent businesses.
(1) 2.14 There shall be no requirement for patrons to purchase a minimum number
of alcoholic drinks.
(1) 2.15 Games or contests requiring or involving consumption of alcoholic
beverages shall be prohibited.
(1) 2.16 Any pool tables, amusement machines or video games maintained on the
premises at any time must be reviewed and approved in a security plan
submitted to the Community Development Department and the Tustin
Police Department (TPD), prior to their establishment.
Zoning Administrator Action 23-00
CUP 2023-0017 (Type 41 ABC License)
November 16, 2023
Page 5
(1) 2.17 Business operations shall be conducted 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.
(1) 2.18 The owner or manager of the licensed premises shall maintain, on the
premises, a written security policy and procedures manual, which have been
approved by the TPD, addressing, at a minimum, the following items:
1) Identify individuals who are responsible for the premises. The list
shall include contact information such as name, address, phone
number, etc. and the list shall be current and accurate.
2) Procedures for handling obviously intoxicated persons.
3) The method for establishing a reasonable ratio of employees to
patrons, based upon activity level, in order to ensure adequate
staffing levels to monitor beverage sales and patron behavior.
4) Procedures for handling patrons involved in fighting, arguing or
loitering about the building, and/or in the immediate adjacent area
that is owned, leased, rented or used under agreement by the
licensee(s).
5) Procedures for verifying the age of patrons for purposes of alcohol
sales.
6) Procedures for servers to monitor patrons and ensure that their
drinking limit/potential intoxication is not exceeded. This procedure
should include a description of the procedure the server would use
to warn, or refuse to serve, the patron.
7) Procedures for calling the TPD regarding observed or reported
criminal activity.
8) Procedures for management of queuing lines.
9) The location and description of any video games proposed to be
on the premises.
(1) 2.19 There shall be no window coverings or advertisements that reduce the
visibility inside of the business.
(1) 2.20 All signs shall comply with the Tustin Sign Code and the following:
1) There shall be no exterior advertising directed to the exterior from
within, promoting or indicating the availability of alcoholic
Zoning Administrator Action 23-00
CUP 2023-0017 (Type 41 ABC License)
November 16, 2023
Page 6
beverages. No interior displays of alcoholic beverages or signs
which are clearly visible to the exterior.
2) Permissible window displays must be kept to a minimum for
maximum visibility and shall not exceed 25 percent of window
coverage.
3) The applicant shall post a "NO LOITERING" sign prohibiting
loitering on the exterior of the premises.
4) Signs shall be posted in a conspicuous space at all entrances/exits
of the premises which shall state, "NO ALCOHOLIC BEVERAGES
BEYOND THIS POINT."
(1) 2.21 Any graffiti painted or marked upon the premises, or any adjacent area
under control of the property owner or the business, shall be removed or
painted within 24 hours of being applied.
(1) 2.22 All litter shall be removed from the exterior areas around the premises,
including public sidewalk areas and parking areas, no less frequently than
once each day that the business is open.
(1) 2.23 No sexually oriented businesses shall be conducted on the premises
without approval by the City of Tustin in accordance with the TCC.
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 fifty dollars ($50.00) to
enable the City to file the appropriate environmental documentation for the
project. If within such 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.