HomeMy WebLinkAbout01 ZA REPORT ROAST FISH & BBQ HOUSE Docusign Envelope ID:7C5513914-FE86-43FA-1391 F-661 EFAFFB794
ZONING ADMINISTRATOR ITEM #1
DATE: FEBRUARY 27, 2025
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TO: JUSTINA L. WILLKOM, ZONING ADMINISTRATOR �! _
FROM: AARON VALLE, PLANNING TECHNICIAN i�
US IN
SUBJECT: ZONING ADMINISTRATOR ACTION (ZAA) NO. 25-001;
CONDITIONAL USE PERMIT (CUP) 2024-0023 (1046 WALNUT AVE.)
SUMMARY: The Zoning Administrator will consider Conditional Use Permit (CUP)
2024-0023, a request to authorize a Type 41 ABC license (sales of beer and wine for
on-site consumption) for an existing restaurant located at 1046 Walnut Avenue. The
CUP application was filed by Chuan F. Chen, on behalf of Roast Fish & BBQ House.
BACKGROUND:
Location and Surrounding Properties
The subject property is located south of the intersection of Newport Avenue and Walnut
Avenue (Figure 1). The site is bounded by commercial to the north, residential to the east,
residential to the south, and commercial uses to the west.The site is zoned as Commercial
General (CG) which allows for various commercial uses.
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Figure 1.Site and Surrounding Properties
Docusign Envelope ID:7C5513914-FE86-43FA-1391 F-661 EFAFFB794
ZA Item #1
February 27, 2025
CUP 2024-0023
Page 2
PROJECT DESCRIPTION:
Project Summary
The applicant is requesting authorization to sell beer and wine for on-site consumption (Type
41 ABC License) in conjunction with an existing restaurant. The restaurant"Roast Fish & BBQ
House" is located within a shopping center along Walnut Avenue.
The tenant space is approximately 3,800 square feet (SF) and is located within a 19,000
square foot (SF) commercial building. The restaurant will offer beer and wine in addition to a
menu consisting of a variety of Chinese dishes and skewers.
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Alcoholic Beverage Sales
The sale and consumption of beer and wine (Type 41 ABC License), in conjunction with a
restaurant, can be authorized in conformance with the City's Alcoholic Beverage Sales
Establishment Guidelines adopted by the Planning Commission on March 13, 2018, and
Tustin City Code (TCC) Section 9271(dd). Pursuantto TCC Section 9271(dd), on-site alcoholic
beverage sales, that include the sale of alcohol at restaurants for on-site consumption, are
exempt from distance separation requirements to sensitive uses and other alcoholic beverage
Docusign Envelope ID:7C5513914-FE86-43FA-1391 F-661 EFAFFB794
ZA Item #1
February 27, 2025
CUP 2024-0023
Page 3
sales establishments. In conformance with the Conditions of Approval and applicable
regulations from the California Department of Alcoholic Beverage Control(ABC),the applicant
is required to provide full menu food service when alcohol is available for sale and
consumption.
Hours of Operation and Security
The proposed hours of operation for the restaurant are between 11:30 AM to 12:00 AM, seven
(7) days a week, or as may be further limited by ABC. All staff selling alcohol beverages shall
undergo and successfully complete a certified training program in responsible methods and
skills for selling alcoholic beverages that must be approved by ABC. Furthermore, the Tustin
Police Department reviewed the proposal and does not have any concerns regarding the
proposed hours of operation nor the sale and consumption of alcohol in conjunction with a
restaurant.
Parking
Additional parking is not required to sell alcoholic beverages for off-site consumption. The
overall tenant space meets the requirements for restaurant uses located within the
Commercial General (CG) Zoning District.
Environmental Review
This project is Categorically Exempt from CEQA pursuant to Section 15301 (Class 1,
Existing Facilities) of the State CEQA guidelines.
CONCLUSION:
Analysis of CUP 2024-0023 has determined that the establishment, maintenance, and
operation of the proposed on-site alcoholic beverage sales, in conjunction with a
restaurant, will not be detrimental to the health, safety, morals, comfort, or general
welfare of the persons residing or working in the neighborhood of the proposed use, not
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. Furthermore, the
proposed on-site sales and consumption of beer and wine (Type 41 ABC license), in
conjunction with a restaurant, as conditioned, is consistent with the Planning
Commission Guidelines for Alcoholic Beverage Sales Establishments and TCC Section
Docusign Envelope ID:7C5513914-FE86-43FA-1391 F-661 EFAFFB794
ZA Item #1
February 27, 2025
CUP 2024-0023
Page 4
and TCC Section 9271(dd). Findings to support the request have been included in ZAA
No. 25-001.
Based on the findings provided, staff recommends the Zoning Administrator adopt ZAA
25-001, approving CUP 2024-0023 to authorize a Type 41 ABC license (sales of beer
and wine for on-site consumption) in conjunction with a proposed restaurant located at
1046 Walnut Avenue.
Signed by: Signed by:
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Aaron Valle, Planning Technician Raymond Barragan, Principal Planner
Attachments:
A. Submitted Plans dated February 27, 2025
B. Zoning Administrator Action No. 25-001
- Exhibit A: Conditions of Approval
C. Radius Map
ATTACHMENT A
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ATTACHMENT B
ZONING ADMINISTRATOR ACTION 25-001
CONDITIONAL USE PERMIT 2024-0023
1046 WALNUT AVENUE
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 (CUP) 2024-0023 was
filed by Chuan F. Chen, requesting authorization for a Type 41 ABC license
(sales of beer and wine for on-site consumption) in conjunction with an
existing restaurant use located at 1046 Walnut Avenue.
B. That the proposed use is consistent with the Commercial General (CG)
Zoning District which provides for the establishment of a mix of uses. 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 pursuant to the CG zoning district, on-site alcoholic beverage sales, in
conjunction with a restaurant and office use, are allowable subject to Tustin
City Code (TCC) Section 9271(dd) and the Alcoholic Beverage Sales
Establishment Guidelines. Pursuant to TCC Section 9271(dd), a CUP is
required prior to the establishment of an alcoholic beverage sales
establishment.
D. That in accordance with TCC Section 9299b(3)(g), the Zoning Administrator
is authorized to review and approve CUP applications for alcoholic
beverage sales establishments.
E. That a public meeting was duly called, noticed, and held for said application
on February 27, 2025, by the Zoning Administrator.
F. That the establishment, maintenance, and operation of the proposed off-site
alcoholic beverage sales 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 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:
1. The ancillary sale of alcoholic beverages for on-site consumption, in
conjunction with a restaurant use, is a conditionally permitted use in
the CG zoning district pursuant to TCC Section 9271(dd).
CUP 2024-0023 (Type 41 ABC License)
CONDITIONS OF APPROVAL
February 27, 2025
Page 2
2. The proposed sales of alcoholic beverages for on-site
consumption would be subject to the hours of operation,
established by California Department of Alcoholic Beverage
Control (ABC), that are proposed and conditioned to be no later
than 12.00 a.m. and no sooner than 11 .30 a.m., seven days a
week.
3. The proposed on-site consumption of beer and wine, in
conjunction with a restaurant use, is otherwise consistent with the
Planning Commission Guidelines for Alcoholic Beverage Sales
Establishments and TCC Section 9271(dd) that support
economic development opportunities for alcoholic beverage
establishments in the City.
4. No expansion of the existing tenant space is proposed; therefore,
no parking impacts are anticipated. Additional parking is not
required for the sale of alcohol.
5. The Tustin Police Department has reviewed the application and
has no immediate concerns as conditioned.
G. This project is Categorically Exempt pursuant to Section 15301 , (Class 1 ,
Existing Facilities) of Title 14, Chapter 3 of the California Code of Regulations
(Guidelines for the California Environmental Quality Act).
II. The Zoning Administrator hereby approves CUP 2024-0023, a request to authorize
a Type 41 ABC license (sales of beer and wine for on-site consumption) for an
existing restaurant located at 1046 Walnut Avenue.
PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular
meeting on the 27th day of February, 2025.
JUSTINA L. WILLKOM
ZONING ADMINISTRATOR
VERA HURTADO
RECORDING SECRETARY
CUP 2024-0023 (Type 41 ABC License)
CONDITIONS OF APPROVAL
February 27, 2025
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Vera Hurtado, the undersigned, hereby certify that I am the Zoning Administrator
Secretary of the City of Tustin, California; that Zoning Administrator Action 25-001 was
duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held
on the 27th day of February, 2025.
VERA HURTADO
RECORDING SECRETARY
CUP 2024-0023 (Type 41 ABC License)
CONDITIONS OF APPROVAL
February 27, 2025
Page 4
EXHIBIT A
CONDITIONAL USE PERMIT 2024-0023
CONDITIONS OF APPROVAL
1046 WALNUT AVENUE
GENERAL
(1) 1.1 The proposed project shall substantially conform with the plans dated
February 27, 2025, on file with the Community Development
Department, as herein modified, or as modified by the Community
Development Director in accordance with this Exhibit. The Community
Development Director may also approve subsequent minor
modifications to plans if such modifications are consistent with
provisions of the Tustin City Code (TCC) and other applicable codes.
(1) 1.2 The conditions contained in this Exhibit shall be complied with as
specified, subject to review and approval by the Community Development
Department.
(1) 1.3 This approval shall become null and void unless the use is established
within twelve (12) months of the date of this Exhibit. Time extensions
may be granted if a written request is received by the Community
Development Department within thirty (30) days prior to expiration.
(1) 1.4 Approval of CUP 2024-0023 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 notarized
"Notice of Discretionary Permit Approval and Conditions of Approval"
form. The forms shall be established by the Community Development
Director, and evidence of recordation shall be provided to the Community
Development Department.
Failure to comply with the Conditions of Approval of the establishment
creates undue burden to City resources, or if the CUP is abandoned for a
twelve (12) month period, these circumstances shall be grounds for
revocation of the CUP.
(1) 1.5 Any transfer of ownership of the establishment and/or operator shall
require the new owner and/or operator to sign and return an "Agreement
to Conditions Imposed" form provided by the Community Development.
Failure to do so would be a basis for revocation proceeding.
(1) 1.6 Any violation of any of the conditions imposed is subject to the issuance
of an Administrative Citation pursuant to TCC Section 1162(a).
CUP 2024-0023 (Type 41 ABC License)
CONDITIONS OF APPROVAL
February 27, 2025
Page 5
(1) 1.7 CUP 2024-0023 may be reviewed on an annual basis, or more often, if
necessary, by the Community Development Director. The Community
Development Director shall review the use to ascertain compliance with
the Conditions of Approval. If the use is not operated in accordance with
CUP 2024-0023 or is found to be a nuisance or negative impacts are
affecting the surrounding tenants or neighborhood, the Community
Development Director shall impose additional conditions to eliminate
the nuisance or negative impacts or may initiate proceedings to revoke
the CUP.
(1) 1.8 As a Condition of Approval of CUP 2024-0023, 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,
Zoning Administrator, 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 the defense of any such action under this
condition.
(1) 1.9 The applicant shall be responsible for costs associated with any
necessary code enforcement action, including attorney's fees, subject to
the applicable notice, hearing, and appeal process as established by the
City Council by ordinance.
(1) 1.10 All Conditions of Approval for CUP 2024-0023 shall remain in full force
and effect for as long as the business continues to operate.
(1) 1.11 Approved uses shall operate within all applicable State, County, and TCC
regulations. Any violations of the regulations of the ABC as they pertain
to the subject location, or of the City of Tustin, as they relate to the sale
of alcoholic beverages, may result in the revocation of the subject CUP,
as provided by the TCC.
USE RESTRICTIONS
(1) 2.1 This approval provides authorization for a Type 41 ABC license for the
on-site sales and consumption of beer and wine only in conjunction with
a restaurant. Any changes to the ABC License shall be reviewed and
approved by the Community Development Director.
CUP 2024-0023 (Type 41 ABC License)
CONDITIONS OF APPROVAL
February 27, 2025
Page 6
(1) 2.2 The applicant shall obtain the appropriate license from ABC for the type
of alcoholic sales authorized for the site. A copy shall be provided to the
City prior to operating the alcoholic sales.
(1) 2.3 The business may operate from 11 .30 a.m. until 12.00 a.m. daily unless
otherwise modified with the approval of the Zoning Administrator in
compliance with the City's Alcoholic Beverage Sales Establishment
Guidelines.
(1) 2.4 The applicant shall provide the first inspection fee as determined by the
Community Development Department. The Community Development
Director shall have the authority to require additional fees if determined
to be necessary to protect public health, welfare, peace, and comfort.
(1) 2.5 Food must be served whenever the privileges of the on-sale alcohol
license(s) are being exercised.
(1) 2.6 The applicant, or an employee of the licensee, must be present to monitor
all areas of the establishment during all times that alcoholic beverages
are being served or consumed.
(1) 2.7 All managers and employees selling alcoholic beverages shall undergo
and successfully complete a certified training program in responsible
methods and skills for selling alcoholic beverages. The ABC must
approve said training program. Records of each employee's successful
completion of the certified training program required by this section shall
be maintained on the premises of the alcoholic beverage sales
establishment and shall be presented upon request by a representative
of the City of Tustin.
(1) 2.8 No person under the age of twenty-one (21) shall sell or deliver alcoholic
beverages.
(1) 2.9 Employees and contract security personnel shall not consume any
alcoholic beverages during their work shift, except for product sampling
for purposes of employee education about new products. Under no
circumstances may contract security personnel consume alcoholic
beverages during their work shift.
(1) 2.10 All alcohol shall be consumed on-site, with the exception of the provisions
stated in Business and Professions Code Sections 23396.5. and 23401 .
(1) 2.11 There shall be no fixed bar or lounge area upon the premises maintained
for the sole purpose of sales, service or consumption of alcoholic
beverages directly to patrons.
CUP 2024-0023 (Type 41 ABC License)
CONDITIONS OF APPROVAL
February 27, 2025
Page 7
(1) 2.12 The applicant shall, at all times, utilize an age verification means or
device for all purchases of alcoholic beverages. Such verification of age
is not intended to discriminate against patrons based on race, ethnicity
or legal status, but only to comply with State law restricting the sale of
alcohol to those 21 years of age and older.
(1) 2.13 Live entertainment shall be subject to the issuance of a live entertainment
permit pursuant to TCC Chapter 2 Part 3 and shall comply with all of the
standards contained therein.
(1) 2.14 There shall be no special events sponsored by or involving an outside
promoter or any other person other than the applicant and/or property
owner. The building may not be sublet (to a separate business or
promoter or person other than the applicant and/or property owner.
(1) 2.15 There shall be no requirement for patrons to purchase a minimum
number of alcoholic drinks.
(1) 2.16 Games or contests, requiring or involving consumption of alcoholic
beverages, shall be prohibited.
(1) 2.17 Any pool tables, amusement machines or video games maintained on
the premises at any time must be reviewed and approved in a security
plan submitted to the Community Development Department and the
Tustin Police Department (TPD), prior to their establishment.
(1) 2.18 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.
(1) 2.19 The owner or manager of the licensed premises shall maintain, on the
premises, a written security policy and procedures manual, which have
been approved by the TPD, addressing, at a minimum, the following
items:
1) Identify individuals who are responsible for the premises. The
list shall include contact information such as name, address,
phone number, etc. and the list shall be current and accurate.
2) Procedures for handling obviously intoxicated persons.
3) The method for establishing a reasonable ratio of employees to
patrons, based upon activity level, in order to ensure adequate
staffing levels to monitor beverage sales and patron behavior.
CUP 2024-0023 (Type 41 ABC License)
CONDITIONS OF APPROVAL
February 27, 2025
Page 8
4) Procedures for handling patrons involved in fighting, arguing, or
loitering about the building, and/or in the immediate adjacent
area that is owned, leased, rented, or used under agreement by
the licensee(s).
5) Procedures for verifying the age of patrons for purposes of
alcohol sales.
6) Procedures for calling the TPD regarding observed or reported
criminal activity.
7) Procedures for ensuring that servers monitor patrons to ensure
that their drinking limit/potential intoxication is not exceeded.
This procedure should include a description of the procedure the
server would use to warn, or refuse to serve, the patron.
8) Procedures for management of queuing lines.
(1) 2.20 If there is a marked or noticeable increase in the number of police-
related incidents on or near the premises, as such increase may be
determined by the Chief of Police, the applicant may be required to
provide state licensed, uniformed security guards at a number
determined by the Chief of Police.
(1) 2.20 There shall be no window coverings or advertisements that reduce the
visibility inside of the business.
(1) 2.21 All signs shall comply with the Tustin Sign Code and the following:
1) There shall be no exterior advertising directed to the exterior
from within, promoting or indicating the availability of alcoholic
beverages. No interior displays of alcoholic beverages or signs
which are clearly visible to the exterior.
2) Permissible window displays must be kept to a minimum for
maximum visibility and shall not exceed twenty-five (25) percent
of window coverage.
3) The applicant shall post a "NO LOITERING" sign prohibiting
loitering on the exterior of the premises.
4) Signs shall be posted in a conspicuous space at all
entrances/exits of the premises which shall state, "NO
ALCOHOLIC BEVERAGES BEYOND THIS POINT."
CUP 2024-0023 (Type 41 ABC License)
CONDITIONS OF APPROVAL
February 27, 2025
Page 9
(1) 2.22 No sexually oriented businesses shall be conducted on the premises
without approval by the City of Tustin in accordance with the TCC.
(1) 2.23 Any graffiti painted or marked upon the premises, or any adjacent area
under control of the property owner or the business, shall be removed or
painted within twenty-four (24) hours of being applied.
(1) 2.24 All litter shall be removed from the exterior areas around the premises,
including public sidewalk areas and parking areas, no less frequently than
once each day that the business is open.
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 fifty
dollars ($50.00) to enable the City to file the appropriate environmental
documentation for the project. If within such forty-eight (48) hour period
the 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.
ATTACHMENT C
RADIUS MAP
1046 WALNUT AVENUE
CONDITIONAL USE PERMIT (TYPE 41 ABC LICENSE)
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