HomeMy WebLinkAboutPC RES 2968 6
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RESOLUTION NO. 2968
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 91-26, AUTHORIZING ON-SITE SALES AND
CONSUMPTION OF BEER AND WINE ONLY (TYPE 41 ABC
LICENSE) IN CONJUNCTION WITH A RESTAURANT USE
AT 13681 NEWPORT AVENUE, SUITE 9, TUSTIN
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I .
The Planning Commission finds and determines as
follows:
no
A proper application, Conditional Use Permit
91-26 has been filed on behalf of Ms. Motoko
M. Myers requesting authorization for on-site
sales and consumption of Beer and Wine (Type
41 ABC License) in conjunction with a
restaurant use located at 13681 Newport
Avenue, Suite 9, Tustin.
Bo
A public hearing was duly called, noticed and
held for said application on November 12,
1991.
Ce
The subject premise is located in a Planned
Community Commercial (PC-C) District. The use
applied for is a conditionally permitted use
in all of the Commercial Districts within the
Tustin City Code.
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
proper~y 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 has complied 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 will be for on-
site consumption only. Beer and wine
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Resolution No. 2968
Page 2
shall be consumed within the restaurant
premises. No outdoor seating shall be
provided.
·
The sale of alcohol will only be
authorized in conjunction with a
restaurant use. Hours of sales of beer
and wine will be limited to 11:30 a.m. to
11:00 p.m. daily when food is available.
Food provided will 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 91-26 authorizing on-site sales of beer
and wine only (Type 41 ABC License) in conjunction
with a restaurant use located at 13681 Newport
Avenue, Suite 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 12th day of November,
1991·
/ ..,. , ! ~ ,.~,
Cha±rman
KATHLEEN CLANCY
Secretary
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Resolution No. 2968
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.
2968 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 12th day of
November, 1991.
KATHLEEN CLANCY
Recording Secretary
EXHIBIT A
RESOLUTION NO. 2968
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 91-26
GENERAL
(1) 1.1 The proposed project shall substantially conform to
submitted plans date stamped November 12, 1991 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 91-26 is contingent upon the
applicant signing and returning an "Agreement to
Conditions Imposed" form as established by the Director
of Community Development.
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 (11:30 a.m. to 11:00 p.m.
daily).
(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.
(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
SOURCE CODES
(1) STANDARD CONDITIONS
(2) PLANNING COMMISSION POLICY
(3) MUNICIPAL CODE
(4) RESPONSIBLE AGENCY REQUIREMENT
Exhibit A - Conditions of Approval
Conditional Use Permit 91-26
Page 2
a restaurant. At such time the restaurant use is
discontinued the Conditional Use Permit shall become null
and void.
(2) 2.7 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) 2.8 "No Loitering" signs shall be posted at the entrance of
the business or other specified location(s).
(3) 2.9 Based on the following formula (established by CUP 85-
09), the maximum allowed seating upon the premises is
restricted to twenty-one (21) seats.
(4) 2.10 Ail building locking devices added to the premises shall
meet those requirements as set forth in the Building
Security Code.
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