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Home My WebLink AboutCUP 03-018 -'-"~~' . Til~" DATE: TO: FROM: SUBJECT: ~~~~~~.~~:z~~IIl_. .. %._~,.." APPLICANT: PROPERTY OWNERS: LOCATION: ZONING: 1i'00'~~~~~ .. - Inter,.Corn JANUARY 20, 2004 ZONING ADMINISTRATOR COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONAL USE PERMIT 03-018 ~~~- m.=___ ._. . .~--,_..._._._------ ...~. lli'IiIToII""''''':'-:;'''.''''''''''.' VERONICA NITSCHKE COCO'S RESTAURANTS, INC. 3355 MICHELSON DRIVE, SUITE 350 IRVINE, CA 92612 DONAHUE SCHRIBER REALTY GROUP, LP 14971 HOLT AVENUE FIRST STREET SPECIFIC PLAN, COMMERCIAL AS PRIMARY USE ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: AUTHORIZATION TO UPGRADE FROM AN ON-SITE SALE OF BEER AND WINE LICENSE (ABC LICENSE TYPE "41") TO AN ON-SALE GENERAL FOR BONA FIDE PUBLIC EATING PLACE (ABC LICENSE TYPE "47") FOR ON-SITE CONSUMPTION OF ALCOHOLIC BEVERAGES IN AN EXISTING RESTAURANT RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action No. 04-001 approving Conditional Use Permit 03-018. Proiect Description The existing restaurant premises holds a beer and wine license from the State Department of Alcohol and Beverage Control (ABC) (License Type "41 ") and is requesting Zoning Administrator Report CUP 03-018 Page 2 /~ authorization to upgrade their license to allow for the on-site sale of beer, wine, and distilled spirits (ABC license Type "47") at 14971 Holt Avenue. The restaurant is located within the First Street Specific Plan, Commercial as Primary Use District where alcoholic beverage sales establishments are permitted in association with a restaurant use subject to the approval of a conditional use permit. A conditional use permit is not on file for the restaurant's existing beer and wine sales because the restaurant obtained their Type "41" ABC license on August 7, 1979, and the City did not require conditional use permits for alcohol service uses until November 19, 1984, when the City Council adopted Ordinance 920. The existing restaurant has 138 seats with hours of operation as follows: 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. These hours are compatible with the surrounding uses and nearby restaurants in that the subject restaurant is located within a commercial establishment along a commercial corridor. The hours of operation are not proposed to change. No interior or exterior improvements such as additional seats, new bar area, or outdoor dining is being proposed at this time and would be subject to a new conditional use permit. Site and Surroundina Properties The existing restaurant is located within the existing Tustin Courtyard retail center at the southwest corner of Newport and Holt Avenues (Attachment A - Location Map). The site is bounded between Newport Avenue, Holt Avenue, and First Street with retail centers existing on all sides of the restaurant. Pointe Newport Apartments exists across Newport Avenue to the northeast of Coco's and is within 300 feet of the restaurant. ParkinQ Reauirements/Summary Additional parking spaces are not required along with the proposed upgrade of the restaurant's alcohol license because the 140 seats approved for the restaurant under Use Permit 76-14 will not increase and the use will maintain the same parking requirement that currently exists. Based on a staff field survey of parking spaces, 725 parking spaces are provided and 834 parking spaces are required for Tustin Courtyard under current parking requirements. However, Tustin Courtyard retains legal non-conforming parking rights as described below. Entitlement Date A roved UP 76-14 7-26-76 Reso. No. 1528 Description Square Feet 157,893 Total Parking Spaces Shopping Center a roved includin 709 parking spaces = 222.7 S aces/s.f. ( \ Zoning Administrator Report CUP 03-018 Page 3 Coco's (Ieqal nonconformina) DR94-011 7-5-94 Approved shopping 1,934 730 parking spaces GUP93-035 center remodel with (21 new spaces) GUP94-004 additional s.f. and parking Reso. No. 3287 spaces CUP94-013 7-5-94 Add outdoor dining for n.a. No new spaces added Peppi no's Restaurant because no seats were added. As demonstrated above, all of the original uses in the center, including the subject restaurant site occupied by Coco's, maintain legal non-conforming rights to be considered at a parking ratio of one parking space for every 222.7 square feet. This is because the original approval required parking spaces was to be divided equally between the total square feet of all uses in the center. Square feet added under subsequent approvals required the addition of parking spaces to meet current parking space requirements of the code. Using a ratio of 1 :222.7, as demonstrated by the attached parking sUNey (Attachment C - Parking SUNey), the shopping center maintains 13 surplus parking spaces. The five parking space discrepancy between the 730 parking spaces required by OR94- 011, CUP93-035, and CUP94-004 and the 725 on-site spaces verified by staff may exist due to building code requirements for adding parking spaces to accommodate the physically challenged. Providing physically challenged parking spaces in place of standard parking spaces generally results in the removal of two regular parking spaces for each physically challenged parking space gained. Alcoholic Beveraae Sales Reaulations and Guidelines Staff has reviewed the proposed use for conformance with the City's Alcohol Beverage Sales Establishment Guidelines as amended by the Planning Commission on May 14, 2001, and the applicable zoning code regulations. As conditioned, staff feels that the proposal will meet City guidelines and regulations. The standard conditions pertaining to the City's Alcoholic Beverage Sales Establishment Guidelines are included in Zoning Administrator Action 04-001 (Attachment 0) to mitigate concerns related to the on-site sale and consumption of beer, wine and distilled spirits in conjunction with this restaurant. Those conditions prohibit off-site consumption of alcohol (Condition 2.1), restrict outdoor seating (2.2), restrict hours of operation (2.3), require on- site food preparation (2.4), require that the site remain a restaurant in order to maintain alcohol seNice (2.5), provide for revocation for CUP violation(s) (2.6), require no loitering signs (2.7), restrict live entertainment or sexually oriented businesses (2.9 and 2.10), Zoning Administrator Report CUP 03-018 Page 4 / dictate the age of persons selling alcohol (2.11), fix the number of Seats (2.12), regulate pay telephones (2.13) and, provide for abatement of public nuisances (2.14). Condition No. 2.15 has been added to the standard conditions to require that the restaurant and any subsequent food or alcohol serving use occupying the site submit their audited financial statements at the City's request to verify that food sales exceed sales of alcoholic beverages. This would ensure that no ancillary bar use could be established where it could not meet minimum distance separation requirements contained in the Tustin City Code. Condition 2.16 has been added to the standard conditions to ensure that alcohol is only served with food orders. 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 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 are served. As conditioned, no ancillary bar use would be able to be established at the subject location. b. The use is located within a retail center and a commercial corridor along Newport Avenue, First Street, and Holt Avenue 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. c. The restaurant would comply with the current parking requirements 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 beyond the number of approved seats. As such, no additional parking spaces are required. 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 /~. \ Zoning Administrator Report CUP 03-018 Page 5 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 Planned Community Commercial/Business land use designation of the City of Tustin General Plan, the First Street Specific Plan (Commercial as Primary Use zoning district) with the approval of a Conditional Use Permit and, the Alcoholic Beverage Sales Establishment Guidelines adopted by the Planning Commission on May 14, 2001. I{ON'^- PJfuJ~ L}.i'-- Chad Ortlieb \.\ Associate Planner Attachments: A - Location Map B - Submitted Plans C - Parking Survey D - Zoning Administrator Action No. 04-001 $:ICddIChadICUPIStaff ReportlCUP 03-018.doc / ATTACHMENT A Location Map --=-. Project No.: TUSTIN CITY MAP cUP 03-018 14971 Holt AvenOue t.n CA 9278 Tus I , f33 -.- Address: ~---- I \ =. ~~11ta:a \... : l... .... \: E ~~. ~ l \- .'" ~. ~" \;,.'f ;1,. _. ~ ,-.... ~~ ~~, ~, 1\::: ~ ~ .~ ~ L~ "'t. ,____..._, ; / \ 1.",: \ if? \'"'' \, ~ ,.).. .. '. !:~l:/ \ ~ ~V .;, (;. "y L"_"';"'_'''__,_L___..,--., ~;_~, /"""l.-' "..,,,, .\ L:~__..~..: / ATTACHMENT B Submitted Plans / ~, , :l '" = = = G = "" '" .... .. '" .a <a, ~ .::: < =: = u '" == =" .. ~..... <:> .... ..... OJ a, '" <:> .... = U ,..., E- = " =>:: OJ! = "P " '" rJ). ~ .... --- .... ~ .... ~ ~ ~ n J . ~ ~ ~ mm ~Hm ~~ III ~ ,..., >. ..... ";:; " Q.. " U OJ) = "~ ..... " '" rJ). , ~ '" --- ~ '" --- if ~ i .~ '" --- I~ ~ ~ III '" ~ --- \ i II n I ! I 5~ ~<f ~~ LQil rn m n. ~~ m~ .. ) . ~ '.' ~~ ' ~ .... --- ~ ::!., o TQ'.'r~'i- __., ,., 11-- ,/. ", ~'I ' w< ,- ;Cv./O@,!~'o')r,/) "" ' Phl)f'C # - ,~r., .y'- '7""" >-- I CO, -;/ ,\J Pnone "# ~ ,-z,.. Fax" ~ ;; ~ ! 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I" ...,' ~ ('r):e' l ~ g ~ I --.. <*"04 ~ j (,c. rtj J -""I Q..f:::i i4.} ",", I (..~ ~ ( :!; i :J;E, Fi? ,~.; --.cQ;). . u I'l H . .J tJ) '-' OJ "" I'l ::>0 - '" <=00 ... OJ.... ::> >N I- '" <'" :; '-' tJ) '-'< ::l Ql .-;U a 0:: 0 V tJ) := . " - _ "H .... 0 .... '-' <t' u '" tJ) Vi 0 ~ ::> u -H cc ,\ I! ,\ I! ATTACHMENT C Parking Summary ( \ \ o o o o o o o '" ..,. '" '" :;: "C "C . " ~ '" " "C i'l 0 'S: '5 '" "- 00" ~ " c. c.~ '" ,,-"- '" '" '" " i'l2 co"'! u '" '" e- .,;'" c. c. " '" '" '" 0 o~ "- 0<0 ... 0;"""": ..,.~ "-"- 0 0 " :c 0 ~ 'iij > '" " 0 " ,<!1 '" 0 " "C -S .0 E ..,. C; " '" 0 '" '" u ~ '" OJ on " ~ ~ '" ;S c. .~ t i'l 0 " ,;. "C '" ~ a. >- :::> '" u E ~ ~ C; '" " ,;. OJ '" '" 0: 5 0 ;; ~ " " "C '" " " " 0 .<: "C ~ " "C on ~ "C '" "'9 '" -", ,S "", .2!a. " ,,:::> ...J "5 Os 0 ;5 u "iii 5-1?o u "''''.... / \. ATTACHMENT D ( I \ Zoning Administrator Action No. 04-001 ( ZONING 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 ( I beyond the number of approved seats. As such, no additional parking spaces are required. 4. 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. 03-018 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 20th day of January 2004. ( ELIZABETH A. BINSACK ZONING ADMINISTRATOR ELOISE HARRIS 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 20th day of January, 2004. 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 (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEtS (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PCtcc POLICY Zoning Administrator Action 04-001 Exhibit A Page 2 (1) 1.6 As a condition of approval of Conditional Use Permit 03-018, the applicant shall a gree, a t its sole cost a nd 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. / ,