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RESOLUTION NO. 3208
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 93-032, AUTHORIZING ON-SITE SALES AND
CONSUMPTION OF BEER AND WINE ABC LICENSE
(TYPE "41") AND BEER, WINE AND DISTILLED
SPIRITS (ABC LICENSE TYPE "47") IN CONJUNCTION
WITH A RESTAURANT USE AT 651 EAST FIRST
STREET, 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
93-032 has been filed by Peppino's, Inc.
requesting authorization to have the option to
obtain a license for on-site sales of beer and
wine ABC License (Type "41") and beer, wine
and distilled spirits (ABC License Type "47")
in conjunction with a restaurant use located
at 651 East First Street, Tustin.
B·
A public hearing was duly called, noticed and
held for said application on December 13,
1993.
C·
The subject premise is located in the First
Street Specific Plan District. The use
applied for is a conditionally permitted use
in the First Street Specific Plan.
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 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.
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Resolution No. 3208
Page 2
·
The sale of beer, wine and distilled
spirits would be for on-site consumption
only.
·
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 9:30 p.m. Sunday
through Thursday and 11:00 a.m. to 10t30
p.m. Friday and Saturday 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
oi 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 93-032 authorizing on-site sales of beer
and wine (ABC License Type "41") and beer, wine and
distilled spirits (ABC License Type "47") in
conjunction with a restaurant use located at 651 E.
First Street, 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 13th day of December,
1993.
c c (O
Secretary
Chairperson
]
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Resolution No. 3208
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.
3208 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 13th day of
December, 1993.
EXHIBIT A
RESOLUTION NO. 3208
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 93-032
GENERAL
(1) 1.1 The proposed project shall substantially conform to
submitted plans date stamped December 13, 1993 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 93-032 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 93-032 authorizes ABC License Type
"41" for the on-site sale of beer and wine and ABC
License Type "47" for the on-site sale of beer, wine and
distilled spirits.
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 9:30 p.m. Sunday through Thursday and 11:00 a.m.
to 10:30 p.m. Friday and Saturday). Menu items shall be
available in the second story lounge area of 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
Exhibit A
Resolution No. 3208
Page 2
(2) 2.5 No outdoor seating shall be permitted unless the Planning
Commission approves a conditional use permit to allow
outdoor seating.
(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" 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) 2.8 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) 2.11 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 and second
story lounge area shall not exceed 157 seats.
(4) 2.13 Applicant shall obtain a Type "41" permit from the
Department of Alcoholic Beverage Control prior to the
sale of on-site beer and wine on the premises and shall
obtain a Type "47" permit from the Department prior to
the sale of on-site beer, wine and distilled spirits.
(4) 2.14 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.
eCS: kbc\3208, bcs