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Home My WebLink AboutCUP 06-004 DATE: TO: FROM: SUBJECT: Inter-Com ~VO o~~ - \ ;"'~.' '. ~.>.i:l~ ~~.'5~' JANUARY 8, 2007 ZONING ADMINISTRATOR COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONAL USE PERMIT 06-004 APPLICANT: PROPERTY OWNER: LOCATION: ZONING AND GENERAL PLAN DESIGNATION: McCLURE'S BAR AND GRILL DBA: BREWS BROTHERS INC. ATTN: MICHAEL MANSON 14401 NEWPORT AVENUE TUSTIN, CA 92780 DAVID CHOU TRUST 3 WHATNEY IRVINE, CA 92618-2824 14401 NEWPORT AVENUE RETAIL COMMERCIAL (C1) AND COMMUNITY COMMERCIAL ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301e (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION TO CONSTRUCT A 249. SQUARE FOOT SEMI- ENCLOSED ADDITION TO ACCOMMODATE PATRONS THAT SMOKE AT AN EXISTING 2,357 SQUARE FOOT RESTAURANT THAT MAINTAINS ALCOHOL SERVICE (ABC LICENSE TYPE "47" FOR ON-SALE GENERAL EATING PLACE) RECOMMENDATION REQUEST: That the Zoning Administrator adopt Zoning Administrator Action No. 07-001 approving Conditional Use Permit 06-004. Zoning Administrator Report CUP 06-004 Page 2 BACKGROUND The project is located at a commercial center constructed in 1965 and is located south of McFadden Avenue, north and west of Newport Avenue, and east of another commercial center and Walnut Avenue (Attachment A - Location Map). The project is located in the Retail Commercial Zoning District where, pursuant to Tustin City Code (TCC) Section 9232b (p), restaurants serving alcohol are conditionally permitted. The applicant maintains a 2,357 square foot, 126 seat restaurant that includes a 22 seat bar in the center (Attachment B - Project Plans). No conditional use permit is on file for alcohol service at the site; however, in 1996 McClure's Bar and Grill obtained a business license to occupy the subject suite as a restaurant and obtained City approval to serve alcohol pursuant to a letter dated August 7, 1996, in which the Community Development Director determined that alcohol sales for this location is a legal nonconforming use (Attachment C - 1996 Letter). The project does not add floor area pursuant to Section 3116 of the California Building Code because the addition will be a minimum of 65 percent open to the outdoors which is considered a patio cover to an outdoor area. A conditional use permit is required to permit patrons to consume their alcoholic beverages on the patio while they smoke. Standard conditions of approval for alcohol serving uses are proposed for the restaurant under Zoning Administrator Action 07-001. Pursuant to TCC Sections 9299b(3)(e) and (f) the Zoning Administrator may consider the request because the addition increases the area for on-site alcohol consumption but does not change the occupancy or primary use. The project area is currently enclosed underneath an extension of the building's roof which was originally permitted as a covered walkway/arcade on the north side of the building. The existing enclosure was constructed without a permit and Building and Safety plan check staff have verified that the enclosure was not constructed in a manner that meets building code requirements. If the enclosure is not voluntarily removed as proposed by the applicant, code enforcement staff shall pursue appropriate action. PROPOSAL The applicant is proposing to construct a 249 square foot patio that will serve as a semi- enclosed smoking area for restaurant patrons. The patio will be approximately 31 feet long and 8 feet wide and will utilize the existing building roof overhang and support columns. The project utilizes louvered window-like openings and wrought iron gates. As indicated on the project plans, the addition walls will be stuccoed and painted a tan color to match the existing building parapet. The louvers will be painted a brown red color to match the building's fascia and walkway columns. Existing landscaping in a planter in front of the addition will remain and is approximately 4 feet tall. ( Zoning Administrator Report CUP 06-004 Page 3 Parking requirements for restaurant uses are calculated based on the number of seats. No additional seating will be located in the addition area; therefore, no new on-site parking spaces will be required. Conditions 2.3 and 2.13 are recommended to prohibit the addition of outdoor seating, including the patio area, unless a parking survey shows that any additional seating can be accommodated. The restaurant operates daily from 11 :00 a.m. until 2:00 a.m. No change in the business hours of operation or limitations on the use of the outdoor area is proposed. Condition 1.6 is recommended to allow the Community Development Director to place restrictions on the project in the event that restaurant related smoke, noise, or some other detrimental effect disturbs another neighborhood use(s). 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. As conditioned, 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 07-001 (Attachment D) to mitigate concerns related to the on-site sale and consumption of beer and wine in conjunction with this restaurant. Those conditions prohibit off-site consumption of alcohol (Conditions 2.1 and 2.2), restrict outdoor seating (2.3), require on-site food preparation (2.4 and 2.5), require that the site remain a restaurant in order to maintain alcohol service (2.6), provide for revocation for CUP violation(s) (2.7), require no loitering signs (2.8), restrict live entertainment or sexually oriented businesses (2.10 and 2.11), dictate the age of persons selling alcohol (2.12), fix the number of seats (2.13), regulate pay telephones (2.14) and, provide for abatement of public nuisances (2.15). Condition No. 2.16 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 as needed. Bar uses cannot be established that do not meet minimum distance separation requirements contained in the Tustin City Code. ANALYSIS Staff recommends that the Zoning Administrator approve the request based upon the following findings which include required findings of the City Alcoholic Beverage Sales Establishment Guidelines: 1. The patio area architecture, colors, materials, and overall design is appropriate for the neighborhood, commercial center, and matches the style of the building it is attached to in that materials and colors that match the existing building will be used and the patio area will be integrated underneath an existing roof overhang that formerly served as a covered walkway. Zoning Administrator Report CUP 06-004 Page 4 2. That the addition of a 249 square foot smoking area for patrons of 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 patio area will serve patrons of the existing restaurant and expanded service is not expected since additional seating will not be provided. b. No complaints are on record with the Community Development Department pertaining to the existing business. c. The patio area is associated with a restaurant where food is served when alcoholic beverages are served. d. The use is located in a commercial center where other restaurant uses are located and is sufficiently distanced away from residential uses. e. Additional parking will not be required for the patio area. 3. That the operational characteristics and features of the facility and subject patio area are appropriate for the location in relation to surrounding areas, and other similar uses selling or serving alcoholic beverages, in that the patio area is for an existing restaurant with alcohol service, the restaurant is located in a commercial retail center where other restaurants exist, and the restaurant is limited to on-site sales of alcoholic beverages. The characteristics of the use and hours of operation would continue to be maintained as they have in the past. As ( conditioned, food must be served during all hours in which alcoholic beverages are served. 4. The patio area and existing restaurant has been reviewed and determined to be consistent with the General Plan, Zoning Code, and the Alcoholic Beverage Sales Establishment Guidelines. -, ~ / 40t . . ("' CWrtlieb Associate Planner Attachments: A - Location Map B - Submitted Plans C - 1995 Letter D - Zoning Administrator Action No. 07-001 I \ S:\CddIZAREPOR1\2OO6\CUP 06-004.doc ATTACHMENT A LOCATION MAP LOCATION MAP CONDITIONAL USE PERMIT 06-004 14401 NEWPORT AVENUE /. -~na-Dr II! ... ______ U Ol:' / /'...... ;: ---A~! / /fustin Hospdali> . . - I ~-, - . ' - ..~\,:'-; "s . -- _ '. / . ',~~~I~\genle\;' -K.;' ~A~~(,;b',-;:;~r/~<" .-- .n~q... ,'. '<~'];l,}W;:~~:;;~' ~~-l.'~<'-'".''>>iIi''"/''' Z(;:,'5~t~J::~--" ~<t. . ~.,. (J~"'<t 1500fl"'~'" I. i .' . ~. . .' ~_~.!"___~__:~:~___ __ ~___________ ....L~~______._<r_ _ ~6 .'lO."~."..: M"I'. del. @'lOOS ~VTEGl' . 'off. : ....;;., I ~ V,. 0..1 Sod .<,l, '(J -t" ,> !~: , I CortaAve ~.~ -l f- iol ... I-I Q. 'I~! ir 2.1 ; !:a illt! __~_-.Ji . Wlli!!>V..9if .. t: :a . ~ '. /',.. I I I .. " 'i!: III '< 500 a .. ,. < > .. < .' I , i I , .f, '.:,'i-i'~<,y:~~ y:i~ /!~ ----.c:::c.. . 't~ ,. ,.! Q'." tt<<.... . -!'-' .~ .~~ ..:~,,(' -.""(t- ^---tl:' . ""'I - '.'" ",' J; 'fF' . ~,&4' / ,( '~I ..<1;., '''''' . .",j; .'1> . -F-' I'(j . . t ..s--- I i~~.s .s ~.. ~ . ,,/,1 ;/'/ ~. .' ., . . - W,' .....'10 _J .0. . < I~ ,,-. .",'. . :~"iii '%;. . '(;, .~..,~... ~~ ATTACHMENT B PROJECT PLANS PROJECT PLANS ARE HELD IN THE CASE FILE ATTACHMENT C 1995 LETTER - Community Development Department ~/d- August 7, 1996 City of Tustin 300 Centennial Way Tustin, CA 92680 Mr Bill McClure 14401 Newport Avenue Tustin, California 92780 Direclor (714) 573-3031 RE PROVISION 01' LrYB BNTBRTAINMBNT AT 14401 NBWPORTPlannlng & Zoning Info. AVBNt1B (714) 573~140 Dear Mr McClure As per our discussion, this letter is to serve as approval of live entertainment as an accessory use of your bona-fide restaurant business at 14401 Newport Avenue, subject to the following provisions . Authorization to provide "Live Entertainment" shall not include Adult Entertainment, burlesque shows, lewd or indecent acts . The types of live entertainment that are permitted include but are not limited to; instrumental music performed by one (1) or more persons, song and dance, vocal performance, musical review, the use of record player, radios, karaoke, etc . . The City has determined that "Live Entertainment," excluding Adult Entertainment, at this location is an existing, non-conforming use If the entertainment area is expanded/enlarged, the owner shall obtain the applicable licenses and permits . Based on the square footage of the restaurant, a dance floor area not to exceed 160 square feet is permitted Any increase in dance floor area over 160 square feet would require approval from the License and Permit Board . Approval of live entertainment and a dance floor are contingent upon your primary business remaining a bona-fide eating establishment In Scott Reekstin's letter to you dated July 17, 1996 he noted that changeable copy signs require approval of a conditional use permit The Community Development Department has not received a Conditional Use Permit SuKdlng (714) 573~131 (714) 573.3132 Housing (714) 573.3117 Code Enforcement (714) 573-3134 Business License (714) 573.3144 Inspection Requests (714) 573-3141 Graffiti Hot Line (714) 573.3111 FAX Machine (714) 573-3113 ( Letter to Bill McClure Re Live Entertainment at 14401 Newport Ave August 7, 1996 Page 2 application for the changeable sign copy no+ has the sign been removed please submit sign plans and a Conditional Use .Permit application or remove the sign (changeabl~ copy area only) by August 19, 1996 A conditional use permit or other approvals are not required at this time because your use has been deemed an existing non- conforming use This letter which authorizes specific activities at your place of business will be made part of the Community Development Department Business License and Building Division files If you intend to present a different type of entertainment than authorized by this letter, approval of a Conditional Use Permit will be required If you have any questions, please contact me at 573-3031 wishes with your new business Best Sincerely, a~~ ~~1:2 Elizabeth A Binsack Community Development Director BAB:kbm\~lure.ltr ATTACHMENTD ZONING ADMINISTRATOR ACTION 07-001 ZONING ADMINISTRATOR ACTION 07-001 CONDITIONAL USE PERMIT 06-004 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 06-004 was filed by Michael Manson for McClure's Bar and Grill, requesting authorization to construct a 249 square foot semi-enclosed patio to accommodate patrons that smoke at an existing 2,357 square foot restaurant that maintains alcohol service (ABC license type "47" for on-sale general eating place) at 14401 Newport Avenue. B. That the addition of a semi-enclosed patio associated with a restaurant that serves alcohol is allowed within the Retail Commercial zone with the approval of a Conditional Use Permit, and within the Community Commercial 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 determined to be consistent with the Air Quality Sub- element. C. The patio architecture, colors, materials, and overall design is appropriate for the neighborhood, commercial center, and matches the style of the building it is attached to in that materials and colors that match the existing building will be used and the addition will be integrated underneath an existing roof overhang that formerly served as a covered walkway. D. That the addition of a 249 square foot smoking area for patrons of 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 patio area will serve patrons of the existing restaurant and expanded service is not expected since additional seating will not be provided. b. No complaints are on record with the Community Development Department pertaining to the existing business. c. The patio area is associated with a restaurant where food is served when alcoholic beverages are served. d. The use is located in a commercial center where other restaurant uses are located and is sufficiently distanced away from residential uses. e. Additional parking will not be required for the patio area. Zoning Administrator Action 07-001 CUP 06-004 Page 2 E. That the operational characteristics and features of the facility and subject patio area are appropriate for the location in relation to surrounding areas, and other similar uses selling or serving alcoholic beverages, in that the patio area is for an existing restaurant with alcohol service, the restaurant is located in a commercial retail center where other restaurants exist, and the restaurant is limited to on-site sales of alcoholic beverages. The characteristics of the use and hours of operation would continue to be maintained as they have in the past. As conditioned, food must be served during all hours in which alcoholic beverages are served. F. The proposed patio area and existing restaurant has been reviewed and determined to be consistent with the General Plan, Zoning Code, and the Alcoholic Beverage Sales Establishment Guidelines. G. That a public hearing was duly called, noticed and held on said application on January 8, 2007, by the Zoning Administrator. H. This project is Categorically Exempt pursuant to Section 15301 e, 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. 06-004 authorizing the construction of a 249 square foot semi-enclosed patio to accommodate patrons that smoke at an existing 2,357 square foot restaurant that maintains alcohol service at 14401 Newport 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 8th day of January 2007. DANA OGDON Acting Zoning Administrator ELOISE HARRIS Recording Secretary Zoning Administrator Action 07-001 CUP 06-004 Page 3 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. 07-001 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 8th day of January, 2007. ELOISE HARRIS Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 07-001 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 8, 2007, 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 This approval shall become null and void unless a building permit is submitted for the subject addition 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) 1.3 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 06-004 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 Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 As a condition of approval of Conditional Use Permit 06-004, 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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Zoning Administrator Action 07-001 Exhibit A CUP 06-004 Page 2 *** 1.6 Compliance with conditions of approval may be verified by the Community Development Director at any time 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 AB.C license is authorized. (5) 2.2 Alcoholic beverages may not be served or consumed outside of the restaurant which includes the associated patio addition. (5) 2.3 No outdoor seating, including patio seating, is allowed at the site without approvals in accordance with the Tustin City Code. (5) 2.4 Alcoholic beverage sales 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 11 :00 a.m. to 2:00 a.m. daily or fewer, unless otherwise authorized by the Community Development Director. (1) 2.5 The restaurant menu shall consist of foods that are prepared on the premises. (5) 2.6 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 for a period greater than one year, authorization for this use permit is null and void. (5) 2.7 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. Zoning Administrator Action 07-001 Exhibit A CUP 06-004 Page 3 (2) 2.8 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) 2.9 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) 2.10 On-site live entertainment or dancing is only permitted with a valid City of Tustin Live Entertainment Permit. (1) 2.11 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (5) 2.12 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) 2.13 The total number of seats shall not be increased above one hundred twenty six (126) 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 commercial center. (2) 2.14 Any public telephones at the establishment shall be modified to prevent incoming calls. (2) 2.15 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. *** 2.16 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. Plan Submittal (1) 3.1 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2004 California Electrical Zoning Administrator Action 07-001 Exhibit A CUP 06-004 Page 4 Code (CEC), California Title 24 Accessibility Regulations, 2005 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations 2005 Edition. (1) 3.2 Building plan check submittal shall include the following: . Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. . Two (2) copies of structural calculations. (when applicable) . Two (2) copies of Title 24 energy calculations. (when applicable) . A note on the plans stating that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (1) 3.3 The plans submitted at plan check shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. (1) 3.4 Prior to permit issuance, clearances from the Orange County Health Department, and Orange County Fire Authority is required. (1) 3.5 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities and shall be shown on the plans. (1) 3.6 If the project has a valuation of $50,000 or greater, prior to issuance of a demolition and/or building permit, the applicant shall submit a plan for Construction & Demolition (C&D) debris collection, disposal, and diversion information on City-prescribed forms. (1) 3.7 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. Zoning Administrator Action 07-001 Exhibit A CUP 06-004 Page 5 FEES (1)(5) 4.1 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. (1) 4.2 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: . Building Plan Check and Permit Fees . Orange County Fire Authority Fees