HomeMy WebLinkAboutZA ACTION 04-001ZONING ADMINISTRATOR ACTION 04-001
CONDITIONAL USE PERMIT 03-018
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 03-018, was filed by
Veronica Nitschke for Coco's Restaurant requesting authorization to obtain a
license for the on-site sale and consumption of beer, wine, and distilled spirits
(ABC License Type "47") in an existing restaurant located at 14971 Holt
Avenue, Tustin.
B. That the proposed use is allowed within the First Street Specific Plan,
Commercial as Primary Use District, with the approval of a Conditional Use
Permit, and within the Planned Community Commercial/Business 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
January 20, 2004, 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. The use is in conjunction with a restaurant where food will be served at all
times when alcoholic beverages are served. As conditioned, no ancillary
bar use would be able to be established at the subject location.
2. The use is located in a retail center and commercial corridor along Newport
Avenue, Holt Avenue and First Street where a variety of retail, office, and
restaurant uses are located. The characteristics of the use and hours of
operation Monday through Friday from 6:00 a.m. to 11:00 p.m. and
Saturday through Sunday from 7:00 a.m. to 10:00 p.m. would be similar to
other restaurants in the vicinity.
3. There is sufficient parking for the existing and proposed uses in that
additional square feet or the addition of seats is not proposed. The addition
of distilled spirits service could not create additional customer volume
Zoning Administrator Action 04-001
Page 2
beyond the number of approved seats. As such, no additional parking
spaces are required.
As conditioned, the proposed use is consistent with the Alcoholic
Beverage Sales Establishment Guidelines adopted by the Planning
Commission on May 14, 2001.
E. This project is Categorically Exempt pursuant to Section 15301, Class 1, 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. 03-018
authorizing the on-site sale and consumption of beer, wine and distilled spirits (ABC
License Type "47) in conjunction with an existing restaurant located at14971 Holt
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 20`h day of January 2004.
ELIZABETH A. BINSACK
ZONING ADMINISTRATOR
ELOISE HARRI
RECORDING SECRETARY
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. 04-
001 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the
20`h day of January, 2004.
�-� C"
ELOISE HARRIS
Recording Secretary
ZONING ADMINISTRATOR ACTION 04-001
EXHIBIT A
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped January 20, 2004, 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 "47" 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 03-018 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 03-018 authorizes an ABC License Type "47" for
the on-site sale and consumption of beer, wine and distilled spirits.
SOURCE CODES
(1)
STANDARD CONDITION
(5)
RESPONSIBLE AGENCY
(2)
CEQA MITIGATION
REQUIREMENTS
(3)
UNIFORM BUILDING CODE/S
(6)
LANDSCAPING GUIDELINES
(4)
DESIGN REVIEW
(7)
PC/CC POLICY
*** EXCEPTIONS
Zoning Administrator Action 04-001
Exhibit A
Page 2
(1) 1.6 As a condition of approval of Conditional Use Permit 03-018, 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.
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. Hours of operation shall be limited to Monday through Friday from
6:00 a.m. to 11:00 p.m. and Saturday through Sunday from 7:00 a.m. to
10:00 P.M.
(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, wine, and distilled spirits (ABC
License Type "47") is contingent upon the use of the subject premises
Zoning Administrator Action 04-001
Exhibit A
Page 3
remaining a restaurant. 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 above one hundred forty
(140) seats unless the property owner demonstrates, through the
submittal of a conditional use permit modification and 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.
Zoning Administrator Action 04-001
Exhibit A
Page 4
2.15 The restaurant or any subsequent food and alcohol serving business
occupying the site must submit their audited financial statements at the
City's request and those statements must verify that food sales exceed sales
of alcoholic beverages.
"* 2.16 Alcoholic beverages may only be served with food orders.
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) 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.
Community Development Department
October 7, 2013
Art Rodriguez & Associates
Attn: Brett Engstrom
709 E. Colorado Blvd., Suite 200
Pasadena. CA 91101
RE: COCO'S RESTAURANT HOURS OF OPERATION REVISION
Dear Mr. Engstom:
TUSTIN
BUILDING OUR FUTURE
HONORING OUR PAST
Thank you for your letter, received on September 30, 2013, requesting a revision to the hours of
operation for Coco's Restaurant located at 14971 Holt Avenue. In your letter, you requested the hours
of operation be revised to 6:00 AM to 10:00 PM on Sunday through Thursday and 6:00 AM to 11:00
PM on Friday and Saturday. This change in hours necessitates a modification in Condition 2.3 of
Zoning Administrator Action (ZAA) No. 04-001 which approved Conditional Use Permit (CUP) 03-018
for the current operation of the subject restaurant.
The City is amenable to allowing the revision to the subject restaurant's hours of operation since the
proposed hours of operation would remain consistent with other businesses in the vicinity. Condition
1.1 of ZAA No. 04-001 allows the Director of Community Development to make modifications to the
conditions of approval. Please be advised that Condition 2.3 of ZAA No. 04-001 is hereby amended
to read as follows:
"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. Hours of operation shall
be limited to 6:00 AM to 11:00 PM daily."
All other conditions of approval contained within ZAA No. 04.-001 remain in effect. This approval is
contingent upon the continued use of the premises operating as a restaurant. Any unauthorized
extension of these hours constitutes a violation of CUP 03-018 and may be grounds for revocation of
the CUP.
Should you have any questions or concerns regarding the project, please do not hesitate to contact
Ryan Swiontek, Senior Planner at (714) 573-3123 or by electronic mail at rswiontek@tustinca.org.
Sincerely,
Elizabeth A. Binsack
Director of Community Development
cc: File: CUP 03-018
300 Centennial Way, Tustin, CA 92780 0 P:.(714) 573-3100 9 "F:(714)573-3113 0 www.tustinca.org
RODRIGUEZ
& Associates
709 E. Colorado Boulevard, Suite 200, Pasadena, CA 91101
September 27, 2013
Mr. Ryan Swiontek
Community Development Department
City of Tustin
300 Centennial Way
Tustin, CA 92780
Re: ZAA 04-001
Coco's Restaurant
14971 Holt Ave.
Dear Mr. Swiontek:
RECEIVED
SEP 3 0 2013
COMMUNITY DEVELOPMENT DEPT
We recently received a letter from your department granting Coco's Restaurant a
modification of their alcohol serving abilities, from a full -line of alcohol to beer and wine
only. Thank you for your attention to the matter and your favorable decision regarding
Coco's request.
However we have a question concerning Use Restriction 2.3 and the restaurant's hours of
operation. As written, the hours of operation are:
• 6:00 a.m. to 11:00 p.m. Monday through Friday
• 7:00 a.m. to 10:00 p.m. Saturday and Sunday
The restaurant would actually prefer to operate later on Friday and Saturday than the
remainder of the week. We are requesting the hours of operation be revised to read:
• 6:00 a.m. to 10:00 p.m. Sunday through Thursday
• 6:00 a.m. to 11:00 p.m. Friday and Saturday
Thank you for your anticipated cooperation in this matter. We are available should you
require any additional information.
Sincerely,
G --
Brett Engstrom
www,aralicenses,com
800-553-7272 - 626-683-9777
E",rZ174 MTH IT4WWW-01
Ron! Martinez
Art Rodriguez & Associates
409 E I C011,19W 91W.,
Suite 204
Fasaaena, CA ul I U1 BUILDING OUR FUTURE
HONORING OUR PAST
RE: COCO'S RESTAURANT ALCOHOLIC BEVERAGE CONTROL LICENSE
TUSTIN
�411% o. UA-UVT approving Uonclitional Ise r-ermir(UsIr-) Y37 -17F6
subject business. The City is amenable to allowing the Coco's restaurant to downgrade its existing
ABC Type 47 License to an ABC Type 41 License.
Condition 1.1 of ZAA No- 04-001 allows the Director of Community Development to maka
modifications to the conditions of approval. Please be advised that ZAA No. 04-001 is hereby
amended to allow for an ABC Type 41 License and Condition 1.5 shall be amended to read as
follows:
"Condonal Use Permit 03-018 authoilzes an ABC License Type 41 " or "47" for the on-site sale a
consumption of beer and wine (Type 4 1) andlor distilled spirits (Type 4 7) in conjunction with a bo
fide 1
public eating place. "
Other references in the conditions of approval to an ABC Type 47 License shall also be inclusive of
ABC Type 41 License. All other conditions of approval contained within ZAA No. 04-001 remain
effect. These approvals are contingent upon the use of the premises operating as a restaurant.
Should you have any questions or concerns regarding the project, please do not hesitate to conta
Ryan Swiontek, Senior Planner at (714) 573-3123. 3
Sincerely,
Elizabeth A. Binsack
Attachment: ZAA No. 04-001
cc: File: CUP 03-018
..........
300 Centennial Way, Tustin, CA 92780 a P� (714) 573,3100 * F (714) 573-3113 0 wwwtustinca,org
ART RODRIGUEZ AND ASSOCIATES
709 E. Colorado Blvd., Suite 200 • Pasadena, CA 91101 • Tel (626) 683-9777 • Fax (626) 683-9991
September 17, 2013
Elizabeth Binsack
Community Development Director
City of Tustin
300 Centennial Way
Tustin, CA 92780
Re: Coco's Restaurant
14971 Holt Ave.
Tustin, CA 92780
Dear Community Development Director Binsack:
COMMUN EL E 3 carr r
Our office is assisting Coco's Restaurants Inc. in downgrading the company's current California
Department of Alcoholic Beverage Control Type 47 license to a Type 41 license at the restaurant
location referenced above.
The applicant's contact information is as follows:
Coco's Restaurants Inc.
2200 Faraday Ave., Suite 250
Carlsbad, CA 92008
We, the representatives, can be contacted at:
Roni Martinez
Art Rodriguez & Associates
709 E. Colorado Blvd, Suite 200
Pasadena, CA 91101
Phone: (626) 683-9777
Fax: (626) 683-9991
roni(2(aralicenses.coin
Thank you for your anticipated cooperation. Feel free to contact our office should you require
any additional information.
Sincerely,
Roni Martinez
www.aralicenses.com