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HomeMy WebLinkAboutPC RES 2909 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 2909 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 91-05, AUTHORIZING ON-SITE SALES AND CONSUMPTION OF BEER AND WINE ONLY (TYPE 41 ABC LICENSE) IN CONJUNCTION WITH A RESTAURANT USE AT 13662 NEWPORT AVENUE, #B10, TUSTIN The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: ae A proper application, Conditional Use Permit 91-05 has been filed on behalf of Pasta Presto, Inc. requesting authorization for on- site sales and consumption of Beer and Wine (Type 41 ABC License) in conjunction with a restaurant use located at 13662 Newport Avenue, #Bi0, Tustin. Bo A public hearing was duly called, noticed and held for said application on May 13, 1991. Ce Conditional Use Permit 89-21, previously approved by Planning Commission Resolution No. 2635, established that the uses to be considered in this Planned Community- Commercial development would be those uses found in the Central Commercial (C-2) District. The use applied for is a conditionally permitted use in the C-2 District. 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 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. 1 2 3 4 5 6 7' 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Resolution No. 2909 Page 2 · Due to close proximity to adjacent residential uses, the sale of beer and wine would 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 would only be authorized in conjunction with a restaurant use. Hours of sales of beer and wine will be limited to the hours when food is available. Food provided will be prepared on the premises. In addition, there will be no pool tables or coin operated games on the premises at any time. · 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 91-05 authorizing on-site sales of beer and wine only (Type 41 ABC License) in conjunction with a restaurant use located at 13662 Newport Avenue, #Bi0, subject to the conditions contained within Exhibit A attached hereto. 23 24 25 27 28 7 9 10 11 13 14 18 19 ~3 ~4 25 ~6 28 Resolution No. 2909 Page 3 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 13th day of May, 1991. I~ATHLE~N- CLANCY 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. 2909 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of May, 1991. KATHLEEN CLANCY Recording Secretary EXHIBIT A RESOLUTION NO. 2909 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 91-05 GENERAL (1) 1.1 The proposed project shall substantially conform to submitted plans date stamped May 13, 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 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) 1.4 Approval of Use Permit 91-05 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 9:00 p.m. Monday through Saturday and 4:00 p.m. to 9:00 p.m. Sunday). (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. SOURCE CODES (1) STANDARD CONDITIONS (2) PLANNING COMMISSION POLICY (3) MUNICIPAL CODE Exhibit A - Conditions of Approval CUP 91-05 Page 2 (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 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 dining area is restricted to maintain a maximum of eighteen (18) seats. Plans submitted for plancheck must reflect this condition.