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RESOLUTION NO. 3228
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 93-039, AUTHORIZING THE ON-SITE SALES
AND CONSUMPTION OF BEER AND WINE (ABC LICENSE
TYPE "41") IN CONJUNCTION WITH A RESTAURANT
USE AT 14201 RED HILL AVENUE, TUSTIN
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
A·
A proper application, Conditional Use Permit
93-039 has been filed by Julius L. Bognar Jr.
requesting authorization to obtain a license
for on-site sales of beer and wine (ABC
License Type "41") in conjunction with a pizza
restaurant located at 14201 Red Hill Avenue,
Tustin.
B ,
A public hearing was duly called, noticed and
held for said application on January 24, 1994
by the Planning Commission.
C .
The subject premise is located in the Retail-
Commercial (C-I) Zoning District. The use
applied for is a conditionally permitted use
in the C-1 District regulations.
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 geDeral
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, wine and distilled
spirits would be for on-site consumption
only.
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Resolution No. 3228
Page 2
·
The sale of alcohol would only be
authorized in conjunction with a
restaurant use. Hours of sales of beer,
wine and distilled spirits will be
limited to 11:00 a.m. to 10:00 p.m. on
Monday through Saturday, and between the
hours of 12:00 p.m. and 9:00 p.m. on
Sunday when food is available. Food
provided would be prepared on the
premises.
·
No billiard tables, dancing or
entertainment is proposed on the
restaurant premises. The number of coin
operated games would be restricted to
two.
·
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 93-039 authorizing on-site sales of beer
and wine (ABC License Type "41") in conjunction
with a restaurant use located at 14201 Red Hill
Avenue, 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 24th day of January,
1994.
KATHLEEN CLAN~2Y ~
Secretary
Chairperson
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Resolution No. 3228
Page 3
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.
3228 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 24th day of
January, 1994.
Recording Secretary
EXHIBIT A
RESOLUTION NO. 3228
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 93-039
GENERAL
(1) 1.1 The proposed project shall substantially conform to
submitted plans date stamped January 24, 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 93-039 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 93-039 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, wine and distilled spirits shall
be limited to the hours when food is available (11:00
a.m. to 10:00 p.m. on Monday through Saturday, and
between the hours of 12:00 p.m. and 9:00 p.m. on 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. 3228
CUP 93-039
January 24, 1994
Page 2
(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 pool tables on the premises at any
time.
(***)2.7 No more than two coin operated games shall be on the
premises at any time.
(2) 2.8 Authorization for ABC License Type "41" and Type "47" 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) 2.9 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) 2.10 "No Loitering" signs shall be posted on the wall inside
of the restaurant, next to the open side of the front
door.
(2) 2.~1 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.~2 The total number of seats in the restaurant shall not
exceed 33 seats, or as may be authorized by current
provisions of the Tustin City Code related to parking for
the entire shopping center.
(4) 2.~3 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.
BCS: kbc \~228. bcs