The URL can be used to link to this page

Home My WebLink AboutPC RES 2894 ] 3 4 5 6 1 8 9 1() 11 12 13 14 15 16 17 ~8 i9 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2894 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 90-30, AUTHORIZING ON-SITE SALES AND CONSUMPTION OF BEER AND WINE ONLY (TYPE 41 ABC LICENSE) AND AUTHORIZING OUTDOOR SEATING IN CONJUNCTION WITH A RESTAURANT USE AT 17292 MCFADDEN AVENUE, #A, 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 90-30 has been filed on behalf of Mr. Daljit Singh requesting authorization for on-site sales and consumption of Beer and Wine (Type 41 ABC License) and requesting authorization for outdoor seating in conjunction with a restaurant use located at 17292 McFadden Avenue, #A, Tustin. B· A public hearing was duly called, noticed and held for said application on April 8, 1991. C· 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, as evidenced by the following findings: · The use applied for is in conformance with the General Plan, the Tustin Zoning Code [Sections 9232 (b) (p) and 9232 (a) (2)], the adopted guidelines for alcoholic beverage sales establishments and the adopted guidelines for outdoor seating areas. · On-site sales and consumption of beer and wine (Type 41 ABC) is a conditionally permitted use in the Retail Commercial (C-l) District. · The outdoor seating area meets the standards of the State Department of Alcoholic Beverage Control. 1 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 i9 20 21 22 23 24 25 26 27 28 Resolution No. 2894 Page 2 · The surrounding properties are predominately commercial. Residential properties within 200 feet of the outdoor dining area are surrounded by an approximately 5-foot-high blockwall which allows no direct access to the subject site. De The establishment, maintenance, and operation of the use applied for will not be injurious or detrimental 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: i · The use applied for will not require any alterations to the interior or exterior at the subject location, since the outdoor seating area is currently existing. · The use applied for is in compliance with the adopted guidelines for alcoholic beverage sales establishments and the adopted outdoor seating guidelines. 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 90-30 authorizing on-site sales of beer and wine only (Type 41 ABC License) and authorizing outdoor seating in conjunction with a restaurant use located at 17292 McFadden Avenue, #A, Tustin, subject to the conditions contained within Exhibit A attached hereto and incorporated herein by reference. 7 8 9 10 11 13 14 15 16 17 18 i9 20 Resolution No. 2894 Page 3 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 8th day of April, 1991. KATHLEEN 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. 2894 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of April, 1991. / KATHLEEN CLANCY Recording Secretary 92 9.3 24 9.5 9.6 9.7 EXHIBIT A RESOLUTION NO. 2894 CONDITIONS OF APPROVAL USE PERMIT 90-30 GENERAL (1) 1.1 The project shall substantially conform to submitted plans date stamped April 8, 1991 on file with the Community Development Department. (1) 1.2 Unless otherwise specified, conditions contained 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 Use Permit approval shall become null and void unless all necessary building permits are issued within twelve months of the date on 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 The applicants and property owners shall sign and return an Agreement to Conditions Imposed form prior to the issuance of any building permits and or business license. (3) 1.5 Building permits for the patio area shall be applied for and issued previous to its use for outdoor seating. (2) 1.6 Lighting shall be provided to illuminate the dining area as required by the Tustin Security Code. (2) 1.7 Outdoor seating, whether permanent or seasonal, is subject to the parking requirements specified in the Tustin City Code, which allows a maximum of 18 seats at 17292 McFadden Avenue #A; including indoor and outdoor seating. (2) 1.8 Trash receptacles shall be provided in the outside dining area. USE RESTRICTIONS (3) 2.1 No off-site alcohol sales for any type of ABC license is authorized. SOURCE CODES (1) STANDARD CONDITIONS (2) PLANNING COMMISSION POLICY (3) MUNICIPAL CODE (4) UNIFORM BUILDING CODE (5) RESPONSIBLE AGENCY REQUIREMENT Exhibit A Resolution No. 2894 Page 2 (2) 2.2 Hours of sales of alcoholic beverages shall be limited to the hours when food is available (11:30 a.m. to 2:30 p.m. and 5:00 p.m. to 10:00 p.m. Sunday through Saturday). (2) 2.3 The menu of the restaurant shall consist of foods that are prepared on the premises. (2) 2.4 Ail alcoholic beverages shall be consumed on-site. (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 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 bar-type seating is allowed. (2) 2.9 If at any time music, entertainment or dancing is provided on the premises, a noise analysis must be conducted which guarantees that noise levels will not exceed those specified in the Tustin Noise Ordinance. (2) 2.10 Seating for the entire restaurant shall not exceed 18 seats. This includes all outdoor seating and indoor seating. (2) 2.11 Alcoholic beverage consumption in the outdoor dining area shall be supervised by a restaurant employee to ensure conformance with all laws regarding consumption of alcoholic beverages. (5) 2.12 No amplified music shall be allowed in the outdoor seating area at any time. PLAN SUBMITTAL (4) 3.1 At plan check, submit three (3) sets of construction plans, two (2) sets of structural calculations and Title 24 energy calculations. Requirements of the Uniform Building Code shall be complied with as approved by the Building Official. Exhibit A Resolution No. 2894 Page 3 (4) 3.2 Technical details and plans for all utility installations, including cable TV, telephone, gas, water, and electricity shall be required as applicable. No field changes shall be made without corrections submitted to and approved by the Building Official. FEES (1) 4.1 Payment of the following fees shall be made prior to the issuance of any building permits in accordance with the Tustin City Code: a · Building plan check and permit fees to the Community Development Department. be School District fees to the Tustin Unified School District, if applicable. C, Transportation System Improvement Development (TSIP) fee for Area B, which is $2.60 per square foot for commercial/office developments.