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HomeMy WebLinkAboutPC RES 3410'3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3410 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 95-025, AUTHORIZING THE ON-SITE SALE OF BEER AND WINE IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 2512 WALNUT AVENUE, SUITE 5. The Planning Commission does hereby resolve as follows: I · The Planning Commission finds and determines as follows: a. That a proper application, Conditional Use Permit 95-025, has been filed by Oasis BBQ requesting authorization to obtain a license for the on-site sales and consumption of beer and wine (ABC License Type "41") in conjunction with a restaurant located at 2512 Walnut Avenue, Suite 5, Tustin. Be That the proposed use is allowed within the Planned Commu~ity-Commercial'District, Irvine Industrial Complex Planned Community, with the approval of a Conditional Use Permit. Ce That a public hearing was duly called, noticed and held for said application on December 11, 1995 by the Planning Commission. De 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: · The proposed project would substantially comply with adopted guidelines for alcoholic beverage sales establishments which have been established and considered to mitigate potential impacts associated with the sale of alcohol. · The sale of beer and wine would be for on-site consumption only. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3410 Page 2 · The sale of alcohol would only be authorized in conjunction with a restaurant use. Hours of sales of beer and wine will be limited to the hours of 11:30 a.m. to 10:00 p.m., Monday through Saturday, only when food is available. Food provided will be prepared on the premises. · No billiard tables, coin operated games, dancing or entertainment are proposed on the restaurant premises. · Ail 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. 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. II. The Planning Commission hereby approves Conditional Use Permit 95-025 authorizing the on-site sale of beer and wine (ABC License Type "41") in conjunction with a restaurant located at 2512 Walnut Avenue, Suite 5, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 11th day of December, 1995. Recording Secretary Chair~berson -- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3410 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3410 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the llth day of December, 1995. Recording Secretary EX~IBIT A CONDITIONAL USE PERMIT 95-025 CONDITIONS OF APPROVAL RESOLUTION NO. 3410 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans date stamped December 11, 1995, 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 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 95-025 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 95-025 authorizes ABC License Type "41" for the on-site sale 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 the City's approval of the entitlement process for this project. USE RESTRICTIONS (3) 2.1 No off-site consumption of alcohol for any type of ABC license is authorized. Ail alcoholic beverages shall be consumed on-site. (2) 2.2 Hours of sales of beer and wine shall be limited to the hours when food is available between the hours of 11:30 a.m. and 10:00 p.m., Monday through Saturday. Menu items · shall be available in the restaurant during business hours. Any extension of these hours shall require approval of an Amendment to this Conditional Use Permit by the Zoning Administrator. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES. (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 3410 Page 2 (2) Z.3 The menu of the restaurant shall consist of foods that are prepared on the premises. (2) 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. (2) 2.5 No outdoor seating shall be permitted unless a separate conditional use permit is approved pursuant to the current provisions of the Tustin City Code. (2) 2.6 There shall be no billiard tables, coin operated games, dancing or live entertainment on the premises at any time. (2) Z.7 Ail persons selling 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 same area as point of sale. (4) 2.S Ail building locking devices added to the premises shall meet those requirements as set forth in the Building Security Code. (4) 2.9 Applicant shall obtain all necessary permits from the Building Department prior to construction of any improvements that require a permit pursuant to the Uniform Building Code and Tustin Municipal Code. (5) 2.10 Any Health Code or other violations, as determined by the County of Orange Health Care Agency, may be grounds for revocation of this Conditional Use Permit. (5). 2.1~ The subject property shall be maintained in a safe, clean and sanitary condition at all times. (5) 2.~2 Opaque materials and signage shall not cover more than 25 percent of the aggregate area of all windows and doors of the restaurant. (5) 2.~3 Ail signs, including any change of copy, require review and approval by the Community Development Department prior to installation. (4) 2.~4 A maximum of 36 seats is authorized for the restaurant. The 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. Exhibit A Resolution No. 3410 Page 3 FEES (1) 3.2 Prior to the issuance of any building or sign permits, payment shall be made of all applicable building plan check and permit fees and sign design review fees to the Community Development Department. (1) 3.2 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier's check payable ~o the COUNTY CLERK in the amount of $25.00 (twenty-five 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.