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2~~ RESOLUTION NO. 4009
3 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE
4 PERMIT 92-043, AUTHORIZING ON-SITE SALES AND
CONSUMPTION OF BEER AND WINE ONLY (TYPE 41 ABC
5 LICENSE) IN CONJUNCTION WITH A RESTAURANT USE
ON THE PROPERTY LOCATED AT 17582 SEVENTEENTH
6 STREET, SUITE 104.
7 The Planning Commission of the City of Tustin does hereby
resolve as follows:
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I. The Planning Commission finds and determines as
9 fol lows:
1 0 A. A proper application, Conditional Use Permit
92-043, has been filed by Viva Burrito of
1 1 Tustin, Inc. requesting authorization for on-
site sales and consumption of Beer and Wine
1 2 (Type 41 ABC License) in conjunction with a
13 restaurant use on the property located at
17582 Seventeenth Street, Suite 104.
14 B. A public hearing was duly noticed, called and
15 held for said application on November 23,
1992.
1G C. The subject premise is located in a Planned
1~ Community Commercial (PC-C) District. The use
applied for is a conditionally permitted use
in all of the Commercial Districts within the
18 Tustin City Code.
19 D. That the establishment, maintenance, and
20 operation of the use applied for will not,
under the circumstances of this case, be
21 detrimental to the health, safety, morals,
comfort, or general welfare of the persons
22 residing or working in the neighborhood of
such proposed use nor be a detriment to the
23 property and improvements in the neighborhood
of the subject property,_nor to the general
24 welfare of the City of Tustin as evidenced by
the following findings:
25 1. The proposed project has complied with
2G adopted guidelines for alcoholic beverage
sales establishments which have been
27 established to mitigate potential impacts
associated with the sale of alcohol.
28 2. The sale of beer and wine will be for on-
site consumption only. Beer and wine
Resolution No. 4009
Page 2
shall be consumed within the restaurant
premises. No outdoor seating shall be
provided.
3. The sale of alcohol will only be
authorized in conjunction with a
restaurant use. Hours of alcoholic sales
of will be limited to the hours food is
available. Food provided will be
prepared on the premises.
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4. No billiard tables, coin operated games,
dancing or entertainment is proposed on
the restaurant premises.
5. 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. This project is Categorically Exempt from the
requirements of the California Environmental
Quality Act, pursuant to section 15303. (Class
3) .
II. The Planning Commission hereby approves Conditional
Use Permit 92-043 authorizing on-site sales of beer
and wine only (Type 41 ABC License) in conjunction
with a restaurant use on the property located at
17582 Seventeenth Street, Suite 104, subject to the
conditions contained within Exhibit A attached
hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 23rd day of November,
1992.
R KASA
Chairp son
~J
KATHLEEN CLANCY
Secretary
Resolution No. 4009
Page 3
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY, the undersigned, hereby certify that
I am the Recording Secretary of the Planning Commission
of the City of Tustin, California; that Resolution No.
4009 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 23rd day of
November, 1992.
pro _ (~'
KATHLEEN CLANCY
Recording Secretary
E%HIBIT A
RESOLIITION NO. 4009
CONDITIONS OF APPROVAL
CONDITIONAL IISE PERMIT 92-043
GENERAL
(1) 1.1 The proposed project shall substantially conform to
submitted plans date stamped November 23, 1992, on file
with the Community Development Department.
(1) 1.2 Conditional Use Permit approval shall become null and
void unless an alcoholic beverage license is obtained
from ABC and the sale of beer and wine commences within
12 months of the date of this exhibit. Time extensions
may be granted by the Planning Commission if a written
request is received by the Community Development
Department within thirty (30) days prior to expiration.
(1) 1.3 Approval of Use Permit 92-043 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 The applicant shall hold and defend the City of Tustin
harmless for all claims and liabilities arising out of
City's approval of the entitlement process for this
project.
USE RESTRICTIONS
(3) 2.1 No off-site alcohol sales for any type of ABC license is
authorized.
(2) 2.2 Hours of sales of beer and wine shall be limited to the
hours when food is available.
(2) 2.3 The menu of the restaurant shall consist of foods that
are prepared on the premises.
(2) 2.4 Beer and wine shall be consumed within the restaurant
premises. No outdoor seating is authorized at this
location.
SOURCE CODES
(1) STANDARD CONDITIONS
(2) PLANNING COMMISSION POLICY
(3) MUNICIPAL CODE
Exhibit A - Conditions of Approval
CUP 92-043
Resolution No. 4009
Page 2
(2) 2.5 There shall be no pool tables or coin operated games on
the premises at any time.
(2) 2.6 Authorization for on-site sale of beer and wine is
contingent upon the use of the subject premises remaining
a restaurant. At such time the restaurant use is
discontinued the Conditional Use Permit shall become null
and void.
(2) 2.7 All persons serving alcoholic beverages shall be 18 years
of age or older and shall be supervised by someone 21
years of age or older. A supervisor shall be present in
the same area as point of sale.