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HomeMy WebLinkAboutZA 00-011/CUP 00-016 2 3 4 I. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ZONING ADMINISTRATOR ACTION 00-011 CONDITIONAL USE PERMIT 00-016 The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administratorfinds and determines as follows: A. That a proper application for Conditional Use Permit 00-016 was filed by Jason Jeralds of the Tustin Brewing Company requesting authorization to obtain a license for the on-site sale and consumption of beer, wine and distilled spirits (ABC License Type "47") in conjunction with an existing restaurant located at 13011 Newport Avenue, #100. 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 called, noticed and held on said application on July 24, 2000 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 proposed use is in conjunction with a restaurant where food will be served at all times when alcoholic beverages are served. As conditioned, no ancillary bar use would be able to be established at the subject location. b. The use is located in a commercial corridor along Newport Avenue where a variety of retail, office, and restaurant uses are located. c. The restaurant would comply with the current parking requirements in that prior City approvals allowed a maximum of 143 seats and there are no modifications proposed to the current seating configuration. Zoning Administrator Action 00-011 July 24, 2000 Page 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 II. 20 21 22 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 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 June 19, 2000. 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. 00-016 authorizing the on-site sale and consumption of beer, wine and distilled spirits (ABC License Type "47") in conjunction with an existing restaurant located at 13011 Newport Avenue, #100, subject to the conditions contained within Exhibit A, attached hereto. 23 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 24th day of July 2000. . 24 27 ~~.L ~-"k- IZABETH A. BINSACK ZONING ADMINISTRATOR 25 26 28 29 Zoning Administrator Action 00-011 July 24, 2000 Page 3 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 3 4 5 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. 00-011 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 24111 day of July 2000. 6 7 8 9 ELOISE HARRIS 10 Recording Secretary 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 GENERAL (1 ) (1 ) (1 ) (1 ) *** (1 ) 1.1 1.2 1.3 1.4 1.5 1.6 EXHIBIT A ZONING ADMINISTRATOR ACTION 00-011 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 00-016 The proposed project shall substantially conform with the submitted plans for the project dated July 24, 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. Conditional Use Permit approval shall become null and void unless an Alcoholic Beverage Control License Type "47" is obtained from ABC and the sale and consumption of beer, wine and distilled spirits 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. Approval of Conditional Use Permit 00-016 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. Conditional Use Permit 00-016 authorizes ABC License Type "47" for the on- site sale and consumption of beer, wine and distilled spirits only. 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. All other conditions of approval in Planning Commission Resolution Nos. 3413 and 3570 shall remain in effect unless herein modified. SOURCE CODES -----------------..--..------------------------..-----------------------....----------------------....------------------_....- (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 Exhibit A Zoning Administrator Action 00-016 July 24, 2000 Page 2 (1) 1.7 This Conditional Use Permit may be reviewed by the Director of Community Development within six (6) months after the date of this approval and at six (6) month intervals thereafter, or more frequently if necessary, to determine if the operations are conducted in accordance with this approval. If the Director of Community Development determines that the method of operation is inconsistent with any of the conditions of this approval or other applicable regulations, the applicant shall, within five (5) business days of the date of written notice from the City to do so, cease all violations. The Director of Community Development may also impose additional conditions or modifications to the existing conditions or facilities as part of such review to protect the public health, safety and general welfare. (1) 1.8 Any violation of any of the conditions imposed by this Resolution is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.9 The applicant shall be responsible for costs associated with any necessary code enforcement action. USE RESTRICTIONS (3) 2.1 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. (3) 2.2 No off-site sale or consumption of alcohol 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) 2.3 To verify that gross annual sales of food exceed the gross annual sales of alcoholic beverages, an audited financial statement shall be provided for review and approved by the Community Development Director quarterly. If the audited financial statement demonstrates that the sales of alcoholic beverages exceeds the sales of food, then the sale of alcoholic beverages shall cease immediately until it can be determined whether the use is operating as a restaurant or a club that would be subject to distance separation requirements. (5) 2.4 Hours of sales of beer, wine and distilled spirits 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 11 :30 a.m. through 12:00 midnight, Monday through Friday, 9:00 a.m. and 2:30 a.m. on Saturday, and 9:00 a.m. through 12:00 midnight on Sunday. The outdoor seating area shall close at 11 :00 p.m. each day. Any extension of these hours shall require Exhibit A Zoning Administrator Action 00-016 July 24, 2000 Page 3 approval of an amendment of Conditional Use Permit 00-016 by the Zoning Administrator. (1) 2.5 Menu items 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, 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. (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 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) 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 A maximum number of 143 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) 2.14 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. Exhibit A Zoning Administrator Action 00-016 July 24, 2000 Page 4 (3) 2.15 Ambient noise within outdoor seating area shall not exceed the standards of the City of Tustin Noise Ordinance. (2) 2.16 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) 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 $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.