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HomeMy WebLinkAboutCUP 05-005 DATE: APRIL 11, 2005 TO: FROM: SUBJECT: ZONING ADMINISTRATOR COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONAL USE PERMIT 05-005 APPLICANT: PROPERTY OWNER: LOCATION: JAYS PACIFIC, INC. 1401 TEMPLE HILLS DRIVE LAGUNA BEACH, CA 92651 ATTN: JAY SADA KARL A. BERGSTROM 1662 LA LOMA DRIVE SANTA ANA, CA 92705 13962 NEWPORT AVENUE, UNIT C (SUSHI LAGUNA RESTAURANT) GENERAL PLAN: COMMUNITY COMMERCIAL ZONING: COMMERCIAL GENERAL (CG), AND TOWN CENTER REDEVELOPMENT PROJECT AREA ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: AUTHORIZATION FOR THE ON-SITE SALE OF BEER AND WINE (ABC LICENSE TYPE "41 ") FOR ON-SITE CONSUMPTION IN A BONA FIDE EATING PLACE. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 05-005 approving Conditional Use Permit 05-005. Zoning Administrator Report Conditional Use Permit 05-005 April 11,2005 Page 2 Site and Surrounding Properties Sushi Laguna Restaurant is proposed to be located within a building in a shopping center at the northeast corner of Newport Avenue and EI Camino Real (see Attachment A - Location Map) that currently contains a pet store, hair salon, and drive-through restaurant. Surrounding uses include restaurants and a vacant parcel across EI Camino Real to the south, an office building across Newport Avenue to the west, an automated fueling station and multiple-family residential uses immediately to the north, and commercial uses to the east. f!:Qject Description The applicant is proposing to serve Japanese/Kaiten sushi, small appetizers and desserts, and beer and wine from 11 :00 a.m. to 10:00 p.m. daily. The sushi would be served on a conveyor system style sushi bar with a booth chair attached (Attachment B - Submitted Plans). The applicant is requesting authorization to obtain a license for the on-site sale of beer and wine (ABC license Type "41") in conjunction with a proposed 2,000 square foot sushi restaurant located at 13962 Newport Avenue, Unit C. Alcoholic beverage sales establishments are permitted in association with a restaurant use subject to the approval of a conditional use permit. Parking Reauirements/Summarv The applicant is proposing forty-five (45) seats within the restaurant, which requires fifteen (15) parking spaces based upon one (1) space for every three (3) seats. The submitted plans indicate that, including the proposed restaurant, the entire center will require 101 parking spaces; 101 parking spaces will be provided. As a result, the proposed restaurant will comply with the City of Tustin parking requirements. Alcoholic Beverage Sales Regulations 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. Condition 2.2 is included in Zoning Administrator Action No. 05-005 not to permit outdoor seating without obtaining approvals in accordance with the Tustin City Code. With the addition of on-site sale and consumption of beer and wine, there is the potential for an ancillary bar use to be established at this location which may be subject to distance separation requirements contained in the Tustin City Code. As such, Condition No. 2.15 is included to require the applicant to submit the audited financial statements of the proposed restaurant on a quarterly basis for verification 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. Conditions 2.3 and 2.5 are also included to Zoning Administrator Report Conditional Use Permit 05-005 April 11 , 2005 Page 3 ensure food is available in the restaurant during business hours, and the sale of alcohol is contingent upon the business remaining a restaurant. Staff has included conditions pertaining to the City's Alcoholic Beverage Sales Establishment Guidelines in Zoning Administrator Action 05-005 (Attachment C) to mitigate concerns related to the on-site sale and consumption of beer and wine in conjunction with this restaurant. FINDINGS A decision to approve this request may be supported by the finding that the establishment, maintenance, and operation of selling alcoholic beverages for on-site consumption within a bona fide 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 proposed use is allowed within the Commercial General (CG) zoning district, with the approval of a Conditional Use Permit, and consistent with the Community Commercial 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 Newport Avenue where a variety of retail, office, and restaurant uses are located. The characteristics of the use and hours of operation would be similar to other restaurants in the vicinity. d. The restaurant would comply with the current parking requirements in that prior City approvals for the restaurant allowed a maximum of forty-five (45) seats per the proposed seating configuration. As conditioned, the proposed use is consistent with the Beverage Sales Establishment Guidelines adopted by. the Commission amended on May 14, 2001. a U/ii(' M West Associate Planner e. Alcoholic Planning ~~~ Dana Ogdon Assistant Director Zoning Administrator Report Conditional Use Permit 05-005 April 11, 2005 Page 4 Attachments: A - Location Map B - Submitted Plans C - Zoning Administrator Action No. 05-005 5,\Cdd'ZAREPOR1'2OO51CUP 05-005 (5"'" ABe).doc ATTACHMENT A LOCATION MAP LOCATION MAP BS PROJECT NO. ADDRESS CUP 05-005 LOCATION: 13962 Newport Avenue, Unit C REQUEST: To authorize the sale of beer and wine for on-site consumption (ABC License Type 41) in a bona fide publici eating place. ' (Applicant: Jay $ada on Sushi' Laguna; Owner: Bergstrom) behalf of Karl A.' ~, N ~ o " 0' ') , , 1" ATTACHMENT B SUBMITTED PLANS . '. .~ < ...901 . ". ~_' i ;. 1-:-;- I~ I.... t . tIMJlIOOI ' ,">10 GII01IIIII_ ,0.0 "'/,W:W< I (; i<-b'//r"'////ij:.~(:X//"z: ' . }/.//''''.'V.:''''W///< .~ t~ ~Il '"'~ T.. ..:,..:.' .:.... !1. i j'I:'_~::=.s~~~I~ I v I" "".! . 1 ='="'~'7mU10~~/ .:11. " '1 . V v vi" ..; ~~... ~ f ~ I . 9 . %:';C;~ I- /" I ~ ~~'ii! -:1., ,! ~',9< 0 ,,~ ... 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"'-:, 4"'''iJ,d,';' iIfi.~' ;.,~d,.i" " '.:_,_~" . - . .... ",' . "':, '" ''''''~Jl,l!li. . '. . . ._'_._.. . ._' -''''',' - " '. """'."'W':~""_-0'~~"'>;C'~."'-:""""- ATTACHMENT C ZONING ADMINISTRATOR ACTION 05-005 ZONING ADMINISTRATOR ACTION 05-005 CONDITIONAL USE PERMIT 05-005 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 05-005 was filed by Jay Sada, on behalf of Sushi Laguna restaurant, requesting authorization to obtain a license for the on-site sale and consumption of beer and wine (ABC License Type "41 ") in conjunction with a bona fide eating place located in a 2,000 square foot tenant space with forty-five (45) seats at 13962 Newport Avenue, Unit C. B. That the proposed use is allowed within the Commercial General (CG) zoning district, with the approval of a Conditional Use Permit, and is consistent with the Community Commercial land use designation of the City of Tustin General Plan, which provides for a variety of commercial uses. C. That a public hearing was duly called, noticed, and held on said application on April 11 , 2005, 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: 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 proposed use would be located within a retail center and a commercial corridor along Newport Avenue where a variety of retail, office, and restaurant uses are located. The characteristics of the use and hours of operation would be similar to other restaurants in the vicinity. c. The restaurant would comply with the current parking requirements in that prior City approvals for the restaurant allowed a maximum of forty-five (45) seats per the proposed seating configuration. d. As conditioned, the proposed use is consistent with the Alcoholic Beverage Sales Establishment Guidelines adopted by the Planning Commission amended on May 14, 2001. Zoning Administrator Action 05-005 April 11, 2005 Page 2 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). F. The project has been reviewed by the Community Redevelopment Agency staff and is consistent with the Town Center Redevelopment Project Area. II. The Zoning Administrator hereby approves Conditional Use Permit No. 05-005 authorizing the on-site sale and consumption of beer and wine (ABC License Type "41 ") in conjunction with an existing 2,000 square foot sushi restaurant with forty- five (45) seats located at 13962 Newport Avenue, Unit C, 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 11th day of April, 2005. DANA OGDON ACTING ZONING ADMINISTRATOR FLOR WILLIAMS RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, FLOR WILLIAMS, 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. 05-005 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 11th day of April, 2005. FLOR WILLIAMS Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 05-005 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for. the project date stamped on April 11, 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 "41" 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 Develqpment 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 05-005 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notariz~d "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 05-005 authorizes ABC License Type "41" 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 PC/CC POLICY EXCEPTION Exhibit A Zoning Administrator Action 05-005 April 11, 2005 Page 2 (1 ) (1 ) (1) *** 1.6 As a condition of approval of Conditional Use Permit 05-005, 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 No outdoor seating is allowed at the site without approvals in accordance with the Tustin City Code. The total number of interior seats previously approved in the restaurant shall not be increased from forty-five (45) 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 05-005 April 11, 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 11 :00 a.m. to 10:00 p.m., seven (7) days a week. (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 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 public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. Exhibit A Zoning Administrator Action 05-005 April 11, 2005 Page 4 (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. 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. r.