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HomeMy WebLinkAboutZA 99-002/DR 99-001 3 I. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ZONING ADMINISTRATOR ACTION 99-002 CONDITIONAL USE PERMIT 99-001 The Zoning Administrator of the City of Tustin does hereby resolve as follows: 2 The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 99-001, was filed by Pham Thuy, requesting authorization to obtain a license for the on-site sale and consumption of beer and wine (ABC License Type "41") in conjunction with an existing restaurant located at 682 EI Camino Real, Tustin. B. That the proposed use is allowed within the Central Commercial (C-2 P) Zoning District, with the approval of a Conditional Use Permit. C. That a public hearing was duly called, noticed and held on said application on February 16, 1999 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 proposed project, as conditioned, complies with adopted Planning Commission guidelines for alcoholic beverage sales establishments which have been established and considered to mitigate potential impacts associated with the sale of alcohol in conjunction with restaurants. 2. The proposed business hours are 9:30 a.m. to 9:00 p.m. Monday through Saturday. Food prepared at the site will be available during the hours of operation. These hours are compatible with the surrounding uses in that the subject restaurant is located within a commercial establishment along a commercial corridor with uses that observe similar hours. 2. The sale of alcohol would only be authorized in conjunction with a restaurant use. Sales of beer and wine will be permitted only when food is available. Food provided will be prepared on the premises. 3. No billiard tables, coin operated games, dancing or entertainment are proposed on the restaurant premises. 4. All persons serving beer and wine will be eighteen (18) years of age or older and supervised by someone twenty-one (21) years of age or older. The supervisor will be present in the same area as point of sale. E. That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). 1 Zoning Administrator Action 99-002 Page 2 2 3 F. That 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. 4 5 II. The Zoning Administrator hereby approves Conditional Use Permit No. 99-001 authorizing the on-site sale and consumption of beer and wine (ABC License Type 6 "41") in conjunction with an existing restaurant located at 682 EI Camino Real, subject to the conditions contained within Exhibit A, attached hereto. 7 8 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 16th day of February, 1999. a~~~ ELIZABETH A. IN ACK Zoning Administrator 9 10 11 9f1u~ :JJ2z.~\ 12 KAT ARTIN Reco ing Secretary STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) 13 14 15 I, KATHY MARTIN, the undersigned, hereby certify that I am the Recording Secretary of 16 the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 99-002 passed and adopted at a regular meeting of the Tustin Zoning Administrator, 17 held on the 16th day of February, 1999. "~~, 19 KATH. ARTIN Recor mg Secretary 20 21 22 23 24 25 26 27 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 99-002 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 99-001 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans date stamped February 16, 1999, 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 Development Department within thirty (30) days prior to expiration. (1) 1.3 Approval of Conditional Use Permit 99-001 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.4 Conditional Use Permit 99-001 authorizes ABC License Type "41" for the on-site sale and consumption of beer and wine only. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. USE RESTRICTIONS (5) (2) (2) (2) 2.1 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. 2.2 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 all business hours. Hours of operation shall be limited to 9:30 a.m. to 9:00 p.m., Monday through Saturday. 2.3 The menu of the restaurant shall consist of foods that are prepared on the premises. 2.4 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. ------------------------------------------------------------------------------------------------------------------------- SOURCE CODES (1 ) (2) (3) (4) STANDARD CONDITION REQUIREMENT CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW (5) (6) (7) *** RESPONSIBLE AGENCY LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION (2) (4) (1 ) (2) (2) Exhibit A Zoning Administrator Action 99-002 February 16, 1999 Page 3 (2) (2) (2) 2.5 All alcoholic beverages shall be consumed on site. 2.6 "Bar"-type seating is prohibited at this location. 2.7 There shall be no billiard tables, coin operated games, dancing or live entertainment on the premises at any time. 2.8 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 same area as point of sale. 2.9 The applicant is authorized to a maximum of forty-six (46) seats for the restaurant. The total number of seats shall not be increased 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. 2.10 No outdoor seating shall be permitted unless a separate Conditional Use Permit is approved pursuant to the current provision of the Tustin City Code. 2.11 "No Loitering" signs shall be posted at the entrance to the restaurant. 2.12 No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the applicant. 2.13 All litter shall be removed from the exterior area around the premises including adjacent public sidewalk areas and parking areas no less frequently than once each day that the business is open. (2) 2.14 Public telephones inside and adjacent to the establishment shall be modified to prevent incoming calls. (2) BUILDING DIVISION 2.15 A maximum of 46 seats are permitted. (c) 3.1 Plans shall comply with applicable codes, City Ordinances, and the State and Federal laws and regulations including: . 1994 Uniform Building Code with California Amendments; · 1997 Uniform Mechanical and Plumbing Codes with California Amendments; · 1993 National Electrical Codes with California Amendments; · T-24 California Disabled Access Regulations; . T-24 California Energy Efficiency Standards; . City of Tustin Grading an Security Ordinances; Exhibit A Zoning Administrator Action 99-002 February 16, 1999 Page 4 · City of Tustin Landscape and Irrigation Guidelines; and, · City of Tustin Private Improvement Standards. (c) 3.2 In compliance with the Uniform Building Code, applicant, designer, Architect or Engineer must submit four sets of building plans to the Building Division for review and approval prior to the issuance of building permits. (c) 3.3 In compliance with the California Code of Regulations, Title 24, Part 2, Accessibility Standards, and prior to the plan check approval, the designer, architect or engineer, must provide designs for accessibility for the physically challenged to the Building Division for their review and approval prior to the issuance of a building permit. (c) 3.4 In compliance with the Department of Justice (Office of the Attorney General) the designer, architect or engineers proposed project must comply with the American Disabilities Act (ADA). (c) 3.5 In compliance with the Tustin City Code, prior to the issuance of a building permit, the designer, architect or engineer shall submit plans to the Orange County Health Department for project approval; and shall submit the approved plans to the City of Tustin Building Division for their review and approval prior to the issuance of a building permit. FEES (c) 4.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a) Building plan-check and permit fees to the Community Development Department based on the most current schedule. b) Orange County Fire Authority plan-check and inspection fees to the Community Development Department based upon the most current schedule. (c) 4.2 Within forty eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier check payable to the COUNTY CLERK in the amount of $38.00 (thirty eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty eight (48) hours period Exhibit A Zoning Administrator Action 99-002 February 16, 1999 Page 5 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. BE:99002Cup99001.dOC