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HomeMy WebLinkAboutPC RES 29171 2 3 4 J ., 8 9 10, 11 12I 13 14 r 1 ~~ 1(.il l; 18 19 20 21 '! 22 23 24! 25 2f 27 28 RESOLUTION N0. 2917 A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT~c' OF TUSTIN, CALIFORNIA, APPROVING THE CONDITIONAL USE PERMIT 91-09, AUTHORIZING THE ON-SITE SALES AND CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS ONLY (TYPE 47 ABC LICENSE) IN CONJUNCTION WITH A RESTAURANT USE AT 17320 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 91-09 has been filed on behalf of General Mills Restaurants, Inc. requesting authorization of on-site sales and consumption of beer, wine and distilled spirits (Type 47, ABC License) in conjunction with a restaurant use located at 17320 Seventeenth Street, Tustin. B. A public hearing was duly called, noticed and held for said application on July 8, 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 genera 1 welfare o f the persons residing or working in the neighborhood of such proposed use, nor be a detriment to the propert~• and improvements ir. the neighborhood of the subject property, nor to the general welfare of the Cit~• 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 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 use. 1 2 3 4 5 6 7 8 9 10 11 12' 13 14 15 1(-~ lil' II~ I 18 i ly i I 20 21~: 22 :, 23 24 2J 2f 27 28 Resolution No. 2917 Page 2 2. The sale of beer, wine and distilled spirits is for on-site consumption only. No sale of beer and wine for consumption off premises will be allowed. Alcohol will be consumed inside the restaurant premises and no outdoor seating shall be provided. 3. The sale of beer, wine and distilled spirits is authorized in conjunction with a restaurant use. Hours of sales of alcohol are limited to the restaurants hours of operation. Food provided will be prepared on the premises. 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, wine and distilled spirits will be eighteen (18) years of 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 91-09 authorizing on-site sale and consumption of beer, wine and distilled spirits only (Type 47 , ABC License) in conjunction with a restaurant use at 17320 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 8th day of July, 1991. _-~ ~~~L~~ ~,. ~ ~ ,. ,, KATHLEEN CLANCY Recording Secretar ~~ ~ ~' i ~, ~~~~: ~~ D ' LE JEUNE / Chairman ~ ~~ 1 2 3 4 J .. 8 9 10 11 12, 13 14 1i~1 ,~ 1G~~ ,~ ;~ Ii!` I~ IR ' 1 ~' . ~~ ~: 2C) ;; li 21" ~. :~ 23 ,; 24 ~I 2~1' ~i i 2G 27 Resolution No. 2917 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. 2917 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of July, 1991. >I ' ' .. KATHLEEN CLANCY Recording Secretary 28 EXHIBIT A RESOLUTION NO. 2917 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 91-09 GENERAL (1) 1.1 The proposed project shall substantially conform to submitted plans date stamped July 8, 1991 on file with the Community Development Department. (1) 1.2 Unless otherwise specified, conditions in this exhibit shall be complied with prior to issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Conditional Use Permit approval shall become null and void unless an alcoholic beverage license is obtained from ABC and the sale of beer, wine and distilled spirits 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) 1.4 Approval of Use Permit 91-09 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 of restaurant operation (11:00 a.m. to 10:30 p.m. Sunday through Thursday and 11:00 a.m. to 11:00 p.m. Friday and Saturday). (2 ) 2 . 3 The menu of the restaurant sha 1 ~ consist of f oods that are prepared on the premises. (2) 2.4 Beer, wine and distilled spirits shall be consumed within the restaurant premises. No outdoor seating is authorized at this location. SOURCE CODES (1) STANDARD CONDITIONS (2) PLANNING COMMISSION POLICY (3) MUNICIPAL CODE Exhibit A - Conditions of Approval CUP 91-09 Page 2 (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 a restaurant. At such time the restaurant use 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 249 seats. Plans submitted for plancheck must reflect this condition. BCS:nm