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RESOLUTION NO. 2929
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 91-13, AUTHORIZING ON-SITE SALES AND
CONSUMPTION OF BEER AND WINE ONLY (TYPE 41 ABC
LICENSE) IN CONJUNCTION WITH A RESTAURANT USE
AT 1061 EAST MAIN 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
91-13 has been filed on behalf of Anthony
Fistonich requesting authorization for on-site
sales and consumption of Beer and Wine (Type
41 ABC License) in conjunction with a
restaurant use located at 1061 East Main
Street, Tustin.
Be
A public hearing was duly called, noticed and
held for said application on August 12, 1991.
Ce
Conditional Use Permit 75-5 previously
approved by Planning Commission Resolution No.
1434, established that the uses to be
considered in this Planned Community-
Commercial development would be retail sales
and office which is primary commercial. The
use applied for is a conditionally permitted
use in all of the Commercial Districts within
the Tustin City Code.
D .
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 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.
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Resolution No. 2929
Page 2
·
Due to the proposed project's distance
from an existing off-site alcoholic
beverage sales establishment, which is
within the Zoning Code's 300-foot minimum
distance requirement for off-site sales
establishments, the sale of beer and wine
will be for on-site consumption only.
Beer and wine 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 11:00 a.m. to
10:00 p.m. Sunday through Thursday and
11:00 a.m. to 11:00 p.m. Friday and
Saturday 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.
Eo
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 91-13 authorizing on-site sales of beer
and wine only (Type 41 ABC License) in conjunction
with a restaurant use located at 1061 East Main
Street, subject to the conditions contained within
Exhibit A attached hereto.
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Resolution No. 2929
Page 3
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 12th day of August,
1991.
}~ATHLE~N- -CLAN CY
Secretary
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.
2929 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 12th day of
August, 1991.
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KATHLEEN CLANCY
Recording Secretary
EXHIBIT A
RESOLUTION NO. 2929
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 91-13
GENERAL
(1) 1.1 The proposed project shall substantially conform to
submitted plans date stamped August 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 91-13 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 (11:00 a.m. to 10:00 p.m.
Sunday through Thursday and 11:00 p.m. to 11:00 p.m.
Friday and Saturday).
(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
Exhibit A - Conditions of Approval
CUP 91-13
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 The maximum allowed seating upon the premises is
restricted to 38 seats.
BCS: nm
Community Development Department T T S T I t` T
November 5, 2013
Rita Ko
Koki's Food Services Group, Inc.
1061 E. Main Street
Tustin, CA 92780
BUILDING OUR FUTURE
HONORING OUR PAST
RE: KOKI'S RESTAURANT ALCOHOLIC BEVERAGE CONTROL LICENSE
Dear Ms. Ko:
Thank you for your letter, received on November 1, 2013, requesting a modification to the Alcoholic
Beverage Control (ABC) License for the Koki's restaurant located at 1061 E. Main Street. In your
letter you requested to change the current Type 41 License — On -Sale Beer and Wine for a Bona Fide
Public Eating Place to a Type 47 License — On -Sale General for a Bona Fide Public Eating Place.
This change of license would allow Koki's to sell distilled spirits in addition to beer and wine in its
restaurant.
On August 12, 1991, the City of Tustin Planning Commission adopted Resolution No. 2929 approving
Conditional Use Permit (CUP) 91 -13 for an ABC Type 41 License at the subject business. The City is
amenable to allowing the Koki's restaurant to upgrade its existing ABC Type 41 License to an ABC
Type 47 License. The proposed license upgrade is consistent with the intent of the Planning
Commission's original approval for alcoholic beverage sales at the subject restaurant. All references
contained within Resolution No. 2929 to a Type 41 License shall be inclusive of a Type 47 License for
the on -site sale and consumption of beer and wine (Type 41) and /or distilled spirits (Type 47) in
conjunction with a bona fide public eating place. Any references to beer and wine shall be interpreted
to read "alcoholic beverages" which is inclusive of distilled spirits.
Ail other conditions of approval contained within Resolution No. 2929 remain in effect. These
approvals are contingent upon the use of the premises operating as a restaurant. Prior to the
issuance of the Type 47 License and engaging in the sale of distilled spirits for on -site consumption in
conjunction with the restaurant, you will need to sign the attached Agreement to Conditions Imposed
Form and return it to the Community Development Department. Should you have any questions or
concerns regarding the project, please do not hesitate to contact Ryan Swiontek, Senior Planner at
(714) 573 -3123.
Sincerely, /
Elizabeth A. Binsack
Director of Community Development
Attachment: Resolution No. 2929 ,
Agreement to Conditions Imposed Form
cc: File: CUP 91 -13
300 Centennial Way, Tustin, CA 92780 • P:(714)573-3100 • F:(714)573-3113 • www.tustinca.org
AGREEMENT TO CONDITIONS IMPOSED
I, the undersigned, hereby agree to comply with all conditions imposed by the Community
Development Department and Planning Commission of the City of Tustin on approval of
Conditional Use Permit 91 -13 with conditions as stated in Exhibit A of Resolution No. 2929
attached to the letter dated November 5, 2013.
Rita Ko, Koki's ood Services Group, Inc.
Business Owner