HomeMy WebLinkAboutPC RES 3238I RESOLUTION NO. 3238
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 94-002, AUTHORIZING THE ON-SITE SALES
AND CONSUMPTION OF BEER AND WINE (ABC LICENSE
TYPE "41") IN CONJUNCTION WITH A RESTAURANT
USE AT 13771 NEWPORT AVENUE, #9, TUSTIN
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
ae
A proper application, Conditional Use Permit
94-002 has been filed by Giuseppe Galietta
requesting authorization to obtain a license
for on-site sales of beer and wine (ABC
License Type "41") in conjunction with an
Italian restaurant located at 13771 Newport
Avenue, #9, Tustin.
Be
A public hearing was duly called, noticed and
held for said application on March 14, 1994 by
the Planning Commission.
Ce
The subject premises is located in the Planned
Community-Commercial (PC-C) Zoning District.
The use applied for is a conditionally
permitted use in the Commercial General (C-G)
District, which applies to this Planned
Community District.
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.
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Resolution No. 3238
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 11:00 a.m. to
11:00 p.m. on Monday through Sunday when
food is available. Food provided would
be prepared on the premises.
·
No billiard tables, coin operated games,
dancing or entertainment is 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.
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 94-002 authorizing on-site sales of beer
and wine (ABC License Type "41") in conjunction
with a restaurant use located at 13771 Newport
Avenue, #9, 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 14~h day of March, 1994.
Chairperson
Secretary
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Resolution No. 3238
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. 3238
was duly passed and adopted at a regular meeting of the
Tustin Planning Commission, held on the 14th day of
March, 1994.
Recording Secretary
EXHIBIT A
RESOLUTION NO. 3238
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 94-002
GENERAL
(1) 1.1 The proposed project shall substantially conform to
submitted plans date stamped March 14, 1994 on file with
the Community Development Department.
(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 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 94-002 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 94-002 authorizes ABC License Type
"41" for the on-site sale of beer and wine.
(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 alcohol sales for any type of ABC license is
authorized.
(2) 2.2 Ail alcoholic beverages shall be consumed on-site.
(2) 2.3 Hours of sales of beer and wine shall be limited to the
hours when food is available (11:00 a.m. to 11:00 p.m. on
Monday through Sunday). Menu items shall be available in
the restaurant during business hours.
(2) 2.4 The menu of the restaurant shall consist of foods that
are prepared on the premises.
SOURCE CODES
(1) STANDARD CONDITIONS
(2) PLANNING COMMISSION POLICY
(3) MUNICIPAL CODE
(4) RESPONSIBLE AGENCY REQUIREMENT
(***) EXCEPTION
Exhibit A
Resolution No. 3238
CUP 94-002
March 14, 1994
Page 2
(2) 2.5 No outdoor seating shall be permitted unless a separate
conditional use permit is approved by the Planning
Commission pursuant to the current provisions of the
Tustin City Code.
(2) 2.6 There shall be no pool tables or coin operated games on
the premises at any time.
(2) 2.7 Authorization for ABC License Type "41" 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.S Ail 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
same area as point of sale.
(2) 2.9 "No Loitering" signs shall be posted on the wall inside
of the restaurant, next to the open side of the front
door.
(2) 2.10 Signs posted to advertise items shall be limited to cover
no more than 25% of the window area.
(4) 2.1~ Ail building locking devices added to the premises shall
meet those requirements as set forth in the Building
Security Code.
(4) 2.12 The total number of seats in the restaurant shall not
exceed 13 seats, or as may be authorized by current
provisions of the Tustin City Code related to parking for
the entire shopping center. No alcoholic beverages shall
be offered for sale at the subject restaurant until
compliance with this requirement is met.
(4) 2.13 Applicant shall obtain all necessary permits from the
Building Department prior to construction of improvements
that require a permit pursuant to the Uniform Building
Code and Tustin Municipal Code.
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