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HomeMy WebLinkAboutZA 99-009/CUP 99-023 2 3 4 ZONING ADMINISTRATOR ACTION 99-009 CONDITIONAL USE PERMIT 99-023 The Zoning Administrator of the City of Tustin does hereby resolve as follows: 5 I. The Zoning Administrator finds and determines as follows: 6 7 8 9 ]0 1] ]2 13 ]4 ]5 16 17 ]8 ]9 20 21 22 23 24 25 26 27 28 29 A. That a proper application for Conditional Use Permit 99-023, was filed by Hassan Keivannia 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 13882 Newport Avenue, Suite G, Tustin. B. That the proposed use is allowed within the Commercial General (CG) 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 November 1, 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. That the establishment, maintenance and operation of selling alcoholic beverages for on-site consumption 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 use is restaurant where food will be served at all times when alcoholic beverages are served. The use is located in a commercial corridor along Newport Avenue where a variety of retail, office, and restaurant uses are located. There is sufficient parking for the existing and proposed uses as evidenced by the parking summary prepared for the project. b. c. 2. That the operational characteristics and features of the facility are appropriate for the location in relation to surrounding areas, and other 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 II. 19 20 Zoning Administrator Action 99-009 November 1, 1999 Page 2 similar uses selling or serving alcoholic beverages, in that the use is located in a commercial corridor and is limited to restaurant seating with on-site sales of alcoholic beverages only. As conditioned, no off- site alcoholic beverage sales are permitted and food must be served during all hours in. which alcoholic beverages are served. The characteristics of the use and hours of operation would be similar to other restaurants in the vicinity. 3. That the proposed use is consistent with the General Plan and Zoning Code in that the property is designated as "Community Commercial" and zoned "Commercial General" which allows for the establishment of a restaurant use with on-site sale of alcoholic beverages subject to approval of a conditional use permit. 4. That, as conditioned, the proposed use is consistent with the Alcoholic Beverage Sales Establishment Guidelines adopted by the Planning Commission on August 23, 1999. E. That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). 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. The Zoning Administrator hereby approves Conditional Use Permit No. 99-023 authorizing the on-site sale and consumption of beer and wine (ABC License Type "41") in conjunction with an existing restaurant located at 13882 Newport Avenue, Suite G, subject to the conditions contained within Exhibit A, attached hereto. 21 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 1 st day of November, 1999. 22 23 24 25 26 I#Lt fl/~.,a'5~ ) S OTT REEKSTIN ZONING ADMINISTRATOR DESIGNEE 2 Zoning Administrator Action 99-009 November 1, 1999 Page 3 2 STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) 3 4 5 I, KATHY MARTIN, 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. 99-009 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 1st day of November, 1999. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3 EXHIBIT A ZONING ADMINISTRATOR ACTION 99-009 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 99-023 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 1, 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 99-023 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development which states that the property owner, applicant, and/or tenant agrees to comply with all conditions imposed by the City. Failure to comply with the conditions of approval shall be grounds for revocation of the conditional use permit. (1) 1.4 Conditional Use Permit 99-023 authorizes ABC License Type "41" for the on- site sale and consumption of beer and wine only. (1) 1.5 The applicant shall hold and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. PLAN SUBMITTAL (1) 2.1 Parking spaces 43-46 shall be removed from the site plan and the parking summary. The parking summary shall indicate a total of 42 off-street parking spaces provided. The revised parking summary shall be transposed onto the site plan. SOURCE CODES (1) (2) (3) (4) STANDARD CONDIT/ON CEQA MIT/GA TION UNIFORM BUILDING CODE/S DESIGN REVIEW (5) (6) (7) *** RESPONSmLEAGENCYREQWREMENT LANDSCAPING GWDELlNES PC/CC POLICY EXCEPTION Exhibit A Zoning Administrator Action 99-009 November 1, 1999 Page 2 (1) 2.2 Approval of Conditional Use Permit 99-023 is contingent upon the applicant submitting (2) sets of the revised site plan to the Community Development Department. USE RESTRICTIONS (3) 3.1 The applicant shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorization for the site. A copy must be provided to the Community Development Department. (3) 3.2 No off-site sale or consumption of alcohol for any type of ABC license is authorized. All alcoholic beverages shall be consumed on-site, except for the provisions stated in the Business and Professions Code Section 23396.5 and 23401. (5) 3.3 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. No outdoor seating is allowed at the site without approvals in accordance with the Tustin City Code. (5) 3.4 Hours of sales of beer and wine shall be limited to the hours when food is available. Menu items shall be available during all business hours of the restaurant. Hours of operation shall be limited to 11 :30 a.m. to 9:30 p.m. (1) 3.5 The menu of the restaurant shall consist of foods that are prepared on the premises. (5) 3.6 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) 3.7 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. (2) 3.8 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 Exhibit A Zoning Administrator Action 99-009 November 1, 1999 Page 3 (2) 3.9 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) 3.10 There shall be no dancing or live entertainment on the premises at any time without prior approval in accordance with the Tustin City Code. (1) 3.11 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (5) 3.12 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) 3.13 The total number of seats shall not be increased from twenty-eight (28) 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) 3.14 Public telephones shall be permitted on the inside of the establishment and shall be modified to prevent incoming calls and no exterior phones may be located on the premises. (2) 3.15 Business operations shall be in a manner which does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (3) 3.16 Ambient noise of the on-site sales facility shall not exceed the standards of the City of Tustin Noise Ordinance. (5) 3.17 The gross annual sales receipts shall be provided to the Community Development Department annually. 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 $38.00 (thirty-eight dollars) 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. 3