HomeMy WebLinkAboutPC RES 29231
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RESOLUTION NO. 2923
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT 91-12 TO ALLOW THE ON-
SITE SALE AND CONSUMPTION OF BEER AND WINE
ONLY (TYPE 41 ABC LICENSE) IN CONJUNCTION WITH
A RESTAURANT USE AT 17260 E. SEVENTEENTH
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
91-12 has been filed on behalf of Crab Cooker
of Newport, Inc. to allow the on-site sale and
consumption of beer and wine (Type 41, ABC
License) in conjunction with a restaurant use
located at 17260 E. Seventeenth Street,
Tustin.
B. A public hearing was duly called, noticed and
held for said application on July 22, 1991.
C. Alcoholic beverage sales establishments are
permitted in the zoning ordinance commercial
districts subject to the conditions of a
Conditional Use Permit.
D. That the establishment, maintenance and
operation of the use applied for will not be
detrimental to the health, welfare, 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:
1. The project conforms to the adopted
guidelines for Alcoholic Beverage Sales
Establishments, as adopted by the
Planning Commission related to on-site
alcoholic beverage sales in conjunction
with restaurants. The proposed lounge
area is considered accessory to the
restaurant and conditions of approval
will mitigate any potential impacts of
the secondary alcoholic beverage sales use.
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Resolution No. 2923
Page 2
2. The sale of beer and wine is for on-site
consumption only. No sale of beer and
wine for consumption off premises will be
allowed. Alcohol shall be consumed
inside the restaurant building and no
outdoor alcoholic beverage service shall
be provided.
3. The sale of beer and wine is authorized
in conjunction with a restaurant use.
Hours of sales of alcohol are limited to
the hours of operation of the restaurant .
Food items prepared on the premises will
be available in the lounge area during
all operation hours.
4. No billiard tables or coin operated games
are permitted on the restaurant premises.
No dancing or entertainment is proposed.
5. All persons serving beer and wine will be
eighteen (18) years or age or older, and
will be 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 91-12 to allow the on-site sale and
consumption of beer and wine only (Type 41, ABC
License) in conjunction with a restaurant use at
17260 E. Seventeenth Street, Tustin, subject to the
conditions contained within Exhibit A, attached
hereto.
PASSED AND ADOPTED by the Planning Commission of the City
of Tustin at a regular meeting held on the 22nd day of
July, 1991.
~~
DONALD LE JEUNE
Chairman
KATHLEEN CLANCY
Recording Secretar~~
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Resolution No. 2923
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.
2923 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 22nd day of
July, 1991.
K THLEEN CLANCY
Recording Secretary
EXHIBIT A
RESOLUTION NO. 2923
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 91-12
GENERAL
(1) 1.1 The proposed project shall substantially conform to
submitted plans date stamped July 22, 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 Conditional Use Permit 91-12 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 are
authorized.
(2) 2.2 Hours of sales of beer and wine shall be limited to the
hours of restaurant operation (10:00 a.m. to 10:00 p.m.
Monday through Sunday).
(2) 2.3 The menu of the restaurant and lounge area shall consist
of foods that are prepared on the premises.
(2) 2.4 Beer and wine shall be consumed within the restaurant
building. No outdoor alcoholic beverage service is
authorized at this location.
(2) 2.~ There shall be nc pocl ~ables c; ccir, operates games on
the premises at any time.
(2) 2.6 Authorization for on-site sale of beer and wine is
contingent upon the primary use of the subject premises
remaining a restaurant. At such time the restaurant use
SOURCE CODES
(1) STANDARD CONDITIONS
(2) PLANNING COMMISSION POLICY
(3) MUNICIPAL CODE
Exhibit A - Conditions of Approval
CUP 91-12
Page 2
is discontinued the Conditional Use Permit shall become
null and void.
(2) 2.7 All 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 175 seats. Plans submitted for building
permit plan check must reflect this condition.
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