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HomeMy WebLinkAboutZA ACTION 05-009 ZONING ADMINISTRATOR ACTION 05-009 CONDITIONAL USE PERMIT 05-006 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 05-006 was filed by Chris Spence, on behalf of Fire Dance Grill, to authorize the sale of beer, wine, and distilled spirits for on-site consumption (ABC License Type 47) in a bona fide public eating place and to construct an outdoor dining area at an existing restaurant located at 17320 E. 1ih Street. B. That the proposed uses are allowed within the Planned Community Commercial (PC-COM) zoning district, with the approval of a Conditional Use Permit, and are consistent with the Community Commercial land use designation of the City of Tustin General Plan, which provides for a variety of commercial uses, including restaurants with alcohol sales and outdoor dining areas. C. That the establishment, maintenance, and operation of selling alcoholic beverages for on-site consumption within a bona fide restaurant, and establishment of an outdoor dining area 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: a. The proposed sales of alcoholic beverages is allowed within the Planned Community Commercial (PC-COM) zoning district, with the approval of a Conditional Use Permit, and is consistent with the Planned Community Commercial/Business land use designation of the City of Tustin General Plan, which provides for a variety of commercial uses. b. The proposed use would be 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. c. The use is located within a retail center and a commercial corridor along 1 ih Street where a variety of retail, office, and restaurant uses are located. The characteristics of the use and hours of operation of the restaurant and outdoor seating area would be similar to other restaurants in Enderle Center and in the vicinity. Zoning Administrator Action 05-009 May 23, 2005 Page 2 d. The restaurant would comply with the current parking requirements of the Planned Community Commercial (PC-COMM) district in that prior City approvals for the restaurant allowed a maximum of 274 seats and the new restaurant would have a maximum of 206 indoor and outdoor seats. e. As conditioned, the proposed use is consistent with the Alcoholic Beverage Sales Establishment Guidelines adopted by the Planning Commission amended on May 14, 2001. f. The proposed outdoor seating is consistent with the City of Tustin's Guidelines for Outdoor Seating (Planning Commission Resolution 2490) in that: . The outdoor patio area is physically and clearly defined; . Access to the outdoor seating area is through the two (2) doors from the restaurant and a low pedestrian gate; . As conditioned, the patio furniture would be maintained and replaced, if necessary, upon notification by the City; . The outdoor seating area does not obstruct vehicular or pedestrian traffic flow; and, . The proposed patio enclosure for outdoor seating is compatible with the design of the main structure. g. As conditioned, the patio and proposed use will not have a negative effect on the surrounding properties in that the restaurant location is within a retail center bounded by four streets and separated from residential uses by more than 200 feet. h. The proposed patio structure and proposed use, as conditioned, will not be a detriment to the public health, safety, welfare and aesthetics of the retail center in that the architecture is compatible with the main buildings and eclectic design of the various restaurants in the center. D. 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). E. That a public hearing was duly called, noticed, and held on said application on May 23, 2005, by the Zoning Administrator. II. The Zoning Administrator hereby approves Conditional Use Permit No. 05-006 authorizing the sale of beer, wine, and distilled spirits for on-site consumption (ABC License Type 47) in a bona fide public eating place and to construct an outdoor dining area at an existing restaurant located at 17320 E. 1ih Street, subject to the conditions contained within Exhibit A, attached hereto. Zoning Administrator Action 05-009 May 23, 2005 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 23rd day of May, 2005. ~~ ELOISE HARRIS RECORDING SECRETARY h_ ~ (,~d. DANA OGDON ACTING 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. 05-006 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 23'd day of May, 2005. ~~ ELOISE H RRIS Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 05-009 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped on May 23, 2005, the date of approval, 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 ABC 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 establishment of alcoholic beverage sales or as specified, subject to review and approval of the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 05-006 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 "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. Failure to comply with the conditions of approval shall be grounds for revocation of the conditional use permit. (1) 1.5 Conditional Use Permit 05-006 authorizes ABC License Type "47" for the on- site sale and consumption of beer and wine in conjunction with a bona fide eating place. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEtS (4) DESIGN REVIEW (5) (6) (7) *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PCtCC POLICY EXCEPTION Exhibit A Zoning Administrator Action 05-009 May 23, 2005 Page 2 (1 ) (1) (1 ) *** 1.6 As a condition of approval of Conditional Use Permit 05-006, 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 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement, action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. 1.9 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. All alcoholic beverages shall be consumed on-site, with the exception of the provisions stated in the Business and Profession Code Section 23396.5 and 23401. (5) 2.2 The total number of interior seats shall not be increased from 180 and the outdoor seats from 26, 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 to accommodate additional seating for the restaurant. Exhibit A Zoning Administrator Action 05-009 May 23, 2005 Page 3 (5) 2.3 Hours of sales of beer, wine, and distilled spirits shall be limited to the hours when food is available. Menu items shall be available in the restaurant during business hours. Proposed hours of operation are: Monday-Thursday Friday Saturday Sunday 11 :00 a.m. to 10:00 p.m. 11 :00 a.m. to 11 :00 p.m. 9:00 a.m. to 11 :00 p.m. 9:00 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 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, including the City of Tustin Noise Ordinance. 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 by 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 Exterior public pay telephones shall be prohibited and interior public pay phones shall be programmed to prevent incoming calls. (2) 2.13 Business operations shall be conducted in a manner that does not create a Exhibit A Zoning Administrator Action 05-009 May 23, 2005 Page 4 public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (5) 2.14 To verify that gross annual sales of food exceed the gross annual sales of alcoholic beverages, an audited financial statement shall be provided for review and approved by the Community Development Director annually. If the audited financial statement demonstrates that the sales of alcoholic beverages exceeds the sales of food, then the sale of alcoholic beverages shall cease immediately until it can be determined whether the use is operating as a restaurant or a club that would be subject to distance separation requirements. (7) 2.15 The applicant shall provide trash receptacles in the outdoor dining area and parking lot, and the dining areas and parking lot shall be cleaned on a continual, daily basis for removal of litter and food items. (7) 2.16 The proposed outdoor dining area shall be setback a minimum of five (5) feet from the parking lot. (7) 2.17 No outdoor music or public address system shall be permitted. (7) 2.18 All exterior patio lighting shall be completely contained within the patio area. FEES (C) 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.