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HomeMy WebLinkAboutZA ACTION 04-003 ZONING ADMINISTRATOR ACTION 04-003 CONDITIONAL USE PERMIT 03-024 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 03-024 was filed by Jon Deusenberry for Crescent City Beignets Restaurant requesting authorization to obtain a license for the on-site sale and consumption of beer and wine (ABC License Type "41 ") in a restaurant proposed at 2933 EI Camino Real, Tustin. B. That the proposed use is allowed within the East Tustin Specific Plan/Mixed Use land use designation, 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 selling alcoholic beverages for on-site consumption, within the 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 in conjunction with a restaurant where food will be served at all times when alcoholic beverages ar~ served. As conditioned, no ancillary bar use would be able to be established at the subject location. b) The use is located in a large specific-planned commercial center where a multitude of retail, office, and restaurant uses are located. The characteristics of the use and hours of operation from 6:00 a.m. and 9:00 p.m. daily would be similar to other restaurants in the vicinity. c) There is sufficient parking for the existing and proposed uses as evidenced by the parking summary prepared for the project. Zoning Administrator Action 04-003 CUP 03-024 Page 2 d) 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). II. The Zoning Administrator hereby approves Conditional Use Permit No. 03-024 authorizing the on-site sale and consumption of beer and wine (ABC License Type "41") in conjunction with an existing restaurant located at 2933 EI Camino Real, 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 20th day of January 2004. ~d~ ELOISE HARRIS RECORDING SECRETARY !Z~-#;~ts?~J ELIZABETH A. BINSACK ZONING ADMINISTRATOR 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. 04-003 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 20th day of January, 2004. u~ ELOISE HARRIS Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 04-003 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 "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 03-024 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 03-024 authorizes an ABC License Type "41" for the on-site sale and consumption of beer and wine. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEtS (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PCtCC POLICY Zoning Administrator Action 04-003 Exhibit A CUP 03-024 Page 2 (1 ) *** 1.6 As a condition of approval of Conditional Use Permit 03-024, 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 clairn 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 Developrnent 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 recornmend to the Planning Commission modification to the existing conditions or impose new conditions as part of such review to protect the public health, safety, cornmunity 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 6:00 a.m. to 9:00 p.m. daily, unless otherwise authorized by the Community Development Director. (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 Zoning Administrator Action 04-003 Exhibit A CUP 03-024 Page 3 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 fifty (50) 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 in the retail center. (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 04-003 Exhibit A CUP 03-024 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.