HomeMy WebLinkAboutZA 00-001/CUP 99-033NOV -06 -2013 09:06 ABC SANTA ANA P.001 /001
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Post -It" brand tax transmittal memo 7671
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Community Development Department
July 8, 2002 City of Tustin
Hi Ida Tapia
Casa Gamino Orange County Inc.
13041 Newpoit Avenue
Tustin, California 92780
SUBJECT- CONDITIONAL USE
BEVERAGESALES
DearIvls. Tapia:
PERMIT( ;DFOR
30o Centennial Way
Tustin, CA 92780
714.573.3100
ON -SITE ALCOHOLIC
Thank you for your application to modify Conditional use Pe 't (CUP) )9-03 to Ilow the on -site
.sale of beer, wine, and distilled spirits in conjunction with the restairran a ' 1 Newport Avenue.
Your request has been administratively approved based upon the following findings:
The sale of alcoholic beverages for on -site consumption is conditionally permitted by CUP
99 -003 and the City has not received any complaints and, to date, there have been no
violations of CUP 99 -003 or the Tustin City Code.
The request involves a minor modification to CUP 99 -003 to allow the sale of distilled
spirits in addition to beer and wine for on -site consumption, consistent with a Type 47
license from the Department of Alcoholic Beverage Control. This modification is not
considered an intensificatiori of the use by the Department of Alcoholic Beverage Control
and Condition No. 1.1 allows the Director of Community Development to authorize minor
modifications to the project.
The request does not change the use of the property, which is a restaurant, and no new
development standards are applicable.
Zoning Administrator Action 00 -001 (attached) is hereby amended to allow the sale of beer, wine,
and distilled spirits in conjunction with a restaurant use. All conditions of approval remain in
effect, except as herein modified_
If you have any questions, please call Karen Peterson, Senior Planner, at (714) 573 -3115.
Sincerely,
c�Ei2ti ��G'
Elizabeth A.Binsack
Director of Community Development
Attachment: Zoning Administrator Action 00 -001
TOTAL P.001
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ZONING ADMINISTRATOR ACTION 00-001
CONDITIONAL USE PERMIT 99-033
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The Zoning Administrator of the City of Tustin does hereby resolve as follows:
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The Zoning Administratorfinds and determines as follows:
A.
That a proper application for Conditional Use Permit 99-033 was filed by Bill
Coston 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 13041 Newport Avenue.
B.
That the proposed use is allowed within the Central Commercial (C-2)
Zoning District, with the approval of a Conditional Use Permit.
C.
That a public hearing was duly call$d, noticed and held on said application
on January 17,2000 by the Zoning Administrator.
D.
That the establishment, maintenan~e, and operation of the use applied for
will not, under the circumstances o~ this case, be detrimental to the health,
safety, morals, comfort, or gener~1 welfare of the persons residing or
working in the neighborhood of suc~ proposed use nor be a detriment to the
property and improvements in the n~ighborhood of the subject property, nor
to the general welfare of the City elf Tustin as evidenced by the following
findings:
1. That the establishment, maintef!1ance and operation of selling alcoholic
beverages for on-site consumption will not be detrimental to the health,
safety, morals, comfort, or gen~ral welfare of the persons residing or
working in the neighborhood, hor be injurious or detrimental to the
property and improvements in the neighborhood of the subject property,
or to the general welfare of the Oity of Tustin, in that:
a. The proposed use is iin conjunction with a restaurant where
food will be served atl all times when alcoholic beverages are
served.
b. The use is located in a commercial corridor along Newport
Avenue where a vari$ty of retail, office, and restaurant uses
are located.
c. The restaurant WOUld comply with the current parking
requirements in that ~rior City approvals allowed a maximum
of 89 seats and only seventy seven (77) seats are proposed
(55 interior and 22 outdoor seating).
2. That the operational characteristics and features of the facility are
appropriate for the location in relation to surrounding areas, and other
similar uses selling or serving alcoholic beverages, in that the use is
located in a commercial corridor and is limited to restaurant seating
Zoning Administrator Action 00-001
January 17, 2000
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II.
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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 "Central Commercial" 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. 99-033
authorizing the on-site sale and consumption of beer and wine (ABC License Type
"41 ") in conjunction with an existing restaurant located at 13041 Newport Avenue,
subject to the conditions contained within Exhibit A, attached hereto.
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PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular
meeting held on the 17111 day of January 2000.
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..Icdr~
Scott Reekstin
ZONING ADMINISTRATOR DESIGNEE
. /~" .--'-7. ......J..,
~~z%'~R~"?A-- fZ>,- Ka1ltt) /VIa. ,If\-
RECORDING SECRETARY
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Zoning Administrator Action 00-001
January 17, 2000
Page 3
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STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF TUSTIN )
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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. 00-001 passed and adopted at a regular meeting of the Tustin Zoning Administrator,
held on the 17th day of January 2000.
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'tr~~~, f: KaftJ ~rli~
KATHY MARTIN
Recording Secretary
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EXHIBIT A
ZONING ADMINISTRATOR ACTION 00-001
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 99-033
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans for
the project dated January 17, 2000 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 Departmentwithin thirty (30) days prior to expiration.
(1) 1.3 Approval of Conditional Use Permit 99-033 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 99-033 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
(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 prior to serving alcoholic beverages. A copy shall be provided to the
Community Development Department.
SOURCE CODES
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(1)
(2)
(3)
(4)
STANDARD CONDITION
CEQA MITIGATION
UNIFORM BUILDING CODE/S
DESIGN REVIEW
EXCEPTIONS
(5)
(6)
(7)
RESPONSIBLE AGENCY
REQUIREMENTS
LANDSCAPING GUIDELINES
PC/CC POLICY
...
ExhibitA
Zoning Administrator Action 00-001
January 17, 2000
Page 2
(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 shall not be served or consumed outside of the
restaurant, unless approval of the Department of Alcoholic Beverage Control is
obtained for the outdoor seating areas.
(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. Hours of
operation shall be limited to 10:00 a.m. to 11 :00 p.m. Friday and Saturday and
10:00 a.m. to 10:00 p.m. Sunday through Thursday.
(1) 3.5 Menu items 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) 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.
Exhibit A
Zoning Administrator Action 00-001
January 17, 2000
Page 3
(2) 3.13 A maximum number of eighty-nine (89) seats are allowed in conjunction with
the restaurant use unless the property owner demonstrates, through the
submittal of a parking demand study for Plaza Lafayette, 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 Business operations shall be conducted 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) 3.15 Ambient noise within outdoor seating area shall not exceed the standards of
the City of Tustin Noise Ordinance.
(2) 3.16 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.
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.