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HomeMy WebLinkAbout02 ZA REPORT CURRY PIZZA HOUSE 2360 PARK AVENUE UNIT 9H ZONING ADMINISTRATOR ITEM. # 2 DATE: JANUARY 25, 2024 TO: JUSTINA L. WILLKOM, ZONING ADMINISTRATOR i�,�Js rl"1*4N FROM: ADAM WONG, PLANNING TECHNICIAN SUBJECT: ZONING ADMINISTRATOR ACTION (ZAA) NO. 24-001; CUP 2023-0022 (2360 Park Ave., Unit#9H) SUMMARY: The Zoning Administrator will consider Conditional Use Permit (CUP) 2023-0022, a request to allow on-site sales and consumption of beer and wine (Type 41 ABC license) in conjunction with a restaurant located at 2360 Park Ave., Unit #9H. The CUP application was filed by Anoop Sharma from Curry Pizza House Brea LLC. PROJECT DESCRIPTION: Project Summary The applicant, Anoop Sharma, is requesting authorization to sell beer and wine for on- site consumption (Type 41 ABC License) in conjunction with an existing 2,000 square foot restaurant.The restaurant"Curry Pizza House" is a full-service, casual dining, Indian fusion pizza restaurant. The floor plan includes an indoor and outdoor dining area, service area, multiple storage areas, and kitchen (Figure 1, Page 2). The restaurant is located at a multi-tenant center on Park Avenue, adjacent to Tustin Ranch Road. 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 and outdoor dining areas. The indoor dining area can accommodate approximately 28 seats and 14 tables. The outdoor dining area can accommodate approximately 16 seats and 5 tables. (Attachment A: Submitted Plans). ZA Item #1 January 25, 2024 CUP 2023-0022 "T, Page 2 2360 Park Ave#9H ::. Ell ! �... 1717 a i IIu. ., ,._ ............................... I'I _ iI I � I I I I Legend r'I III I I III III 4�.0 � � 1III �� I III II I II Ser ee Are ■ Indear Dining Area ■ , Outdoor Dining Area ❑ "�L1pry Alcohol Storage Area ❑ Kitchen ❑ Restrooms ❑ Washing/Stcrage Area ❑ 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 Tustin City Code (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), 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 between 10:00 AM to 11:00 PM, Monday through Sunday as shown in Table 1 (Page 3). The proposed hours of operation are consistent with the hours of other similar businesses in the vicinity. ZA Item #1 January 25, 2024 CUP 2023-0022 "T, Page 3 Table 1 Operating Hours Opening Hour Closing Hour Restaurant (indoor) Monday through Sunday 10:00 AM 1 11:00 PM Pubic Convenience and Necessity The project site is located in Census Tract No. 0755.18, and the ABC has confirmed that the Census Tract is over-concentrated with establishments that serve alcohol. There are currently 12 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 sale and consumption of alcohol in conjunction with a restaurant use. Parking The sale of alcohol is proposed as an accessory use within an existing restaurant tenant space. The tenant space is located within the Tustin Legacy Specific Plan (SP-1) Planning Area 16-19. The proposed sale of alcohol, for on-site consumption, is an accessory use to a future restaurant tenant (Curry Pizza House); therefore, no additional parking is required. CONCLUSION: Analysis of CUP 2023-0022 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 ZA Item #1 January 25, 2024 CUP 2023-0022 "T, Page 4 Section 9271(dd). Findings to support the request have been included in ZAA No. 24- 001. Based on this report, the findings and Conditions of Approval contained in ZAA 24-001, staff recommends that the Zoning Administrator adopt ZAA 24-001 approving CUP 2023-0022 to authorize the sale of beer and wine (Type 41) in conjunction with a restaurant located at 2360 Park Ave, Unit#9H. Attachments: A. Submitted Plans dated January 25, 2024 B. Zoning Administrator Action (ZAA) No. 24-001 Exhibit A — Conditions of Approval ATTACHMENT A CW Designs El L pq o Vq= � P s` 1 r i . i DESIGN ATTACHMENT B ZONING ADMINISTRATOR ACTION 24-0001 CONDITIONAL USE PERMIT 2023-0022 2360 PARK AVENUE, #9H 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) 2023-0022 was filed by Anoop Sharma, on behalf of Curry Pizza House Brea LLC dba "Curry Pizza House", requesting authorization to allow the on-site sale and consumption of beer and wine (Type 41 ABC License) in conjunction with a proposed restaurant establishment (Curry Pizza House) to be located at 2360 Park Avenue, #9H. B. That the project site is within the Tustin Legacy Specific Plan (SP-1) in Planning Area 16-19 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 the restaurant use is an established and permitted use operating pursuant to the SP-1 regulations for properties. D. That a public hearing was duly called, noticed, and held for CUP 2023-0022 on January 25, 2024, by the Zoning Administrator. E. 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 on-site alcoholic beverages, in conjunction with existing restaurant use, is allowed within the Tustin Legacy Specific Plan, Planning Area 16-19. The project site's General Plan land use designation is TLSP (SP- 1) which allows for a variety of retail, professional office, light industrial, 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). Zoning Administrator Action 24-001 CUP 2023-0022 (Type 41 ABC License) Page 2 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 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. F. 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 Monday through Sunday from 10:00 AM to 11 :00 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. G. 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 an established restaurant. Zoning Administrator Action 24-001 CUP 2023-0022 (Type 41 ABC License) Page 3 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. 3) The California Department of Alcoholic Beverage Control (ABC) has confirmed that Census Tract No. 0755.18, where the project is located, is an over-concentrated area. There are currently twelve (12)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. 755.18 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. H. 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 2023-0022 authorizing the on-site sale and consumption of beer and wine (Type 41 ABC License) in conjunction with a proposed restaurant establishment (Curry Pizza House) located at 2360 Park Avenue, #9H, 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 25t" day of January 2024. JUSTINA L. WILLKOM ZONING ADMINISTRATOR VERA HURTADO RECORDING SECRETARY Zoning Administrator Action 24-001 CUP 2023-0022 (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. 24-001 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 25tht" day of January, 2024. VERA HURTADO RECORDING SECRETARY EXHIBIT A CONDITIONAL USE PERMIT 2023-0022 DRAFT CONDITIONS OF APPROVAL 2360 PARK AVENUE, #9H GENERAL (1) 1.1 The proposed project shall substantially conform with the plans dated January 25, 2024, 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 twelve 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 2023-0022 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 24-001 CUP 2023-0022 (Type 41 ABC License) January 25, 2024 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 2023-0022 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 2023-0022 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 2023-0022, 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 2023-0022 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 24-001 CUP 2023-0022 (Type 41 ABC License) January 25, 2024 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 daily from 10.00 a.m. until 11.00 p.m. unless otherwise modified with the approval of the Zoning Administrator in compliance with the City's Alcoholic Beverage Sales Establishment Guidelines. 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 The sale and consumption of alcoholic beverages in the Outdoor Dining Area shall be restricted and subject to any required California State Department of Alcoholic Beverage Control or other applicable license or permit governing the restaurant. Any outdoor dining area where alcoholic beverages are sold or consumed shall be confined by a border, fence, and/or planters and shall be supervised at all times by an employee of the restaurant. No alcoholic beverages may be removed from the Outdoor Dining Area, except to the interior of the restaurant. (1) 2.6 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) 2.7 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 24-001 CUP 2023-0022 (Type 41 ABC License) January 25, 2024 Page 4 (1) 2.8 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 twenty-one (21) years of age and older. (1) 2.9 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) 2.10 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) 2.11 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) 2.12 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) 2.13 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) 2.14 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) 2.15 There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (1) 2.16 Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. (1) 2.17 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 24-001 CUP 2023-0022 (Type 41 ABC License) January 25, 2024 Page 5 (1) 2.18 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) 2.19 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 ensuring that servers monitor patrons to 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) 2.20 There shall be no window coverings or advertisements that reduce the visibility inside of the business. (1) 2.21 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 24-001 CUP 2023-0022 (Type 41 ABC License) January 25, 2024 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) 2.22 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) 2.23 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) 2.24 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 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.