HomeMy WebLinkAboutPC RES 2883 3
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RESOLUTION NO. 2883
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT 91-03 AUTHORIZING THE
ON-SITE SALE OF GENERAL LIQUOR (ABC LICENSE
TYPE 47) FOR CONSUMPTION ON THE PREMISES IN
CONJUNCTION WITH AN EXISTING RESTAURANT
LOCATED AT 1046 WALNUT AVENUE.
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
91-03 has been filed on behalf of Golden China
Restaurant to request authorization for the
on-site sale of general liquor (ABC Type 47)
for consumption on the premises in conjunction
with an existing restaurant located at 1046
Walnut Avenue.
Be
A public hearing was duly called, noticed and
held for the subject request on February 25,
1991.
Ce
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, as
evidenced by the following findings:
·
The use applied for is in conformance
with the General Plan, Tustin Zoning Code
and the adopted Guidelines for Alcoholic
Beverage Sales Establishments.
·
The use applied for is a conditionally
permitted use in the CG (Commercial
General) Zoning District.
.
The subject tenant space is located a
minimum distance of 275 feet from
residential properties, 500 feet from
other existing off-site alcohol sales
establishments and 350 feet from any
church, public or private school,
playground or hospital, consequently
alcohol sold on the premises shall be for
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Resolution No. 2883
Page 2
on-site consumption only and will occur
in conjunction with the operating hours
maintained by the restaurant for food
services.
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 the proposal does
not include any tenant improvements or
exterior modifications to the site.
Ee
This project has been determined to be
Categorically Exempt (Class 1) pursuant to the
Section 15301 of the California Environmental
Quality Act.
II. The Planning Commission hereby approves Conditional
Use Permit 91-03 authorizing the on-site sale of
general liquor (ABC License Type 47) for
consumption on the premises in conjunction with an
existing restaurant located at 1046 Walnut Avenue,
subject to the conditions contained in Exhibit A;
attached hereto.
PASSED AND ADOPTED by the Planning Commission of the city
of Tustin at a regular meeting held on the 25th day of
February, 1991.
DONALD LE JUENE ~ '~
Chairman
KATHLEEN CLANCY
Recording Secretary
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Resolution No. 2883
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.
2883 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 25th day of
February, 1991.
'KATHLEEN-~LAN~Y
Recording Secretary
EXHIBIT A
RESOLUTION NO. 2883
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 91-03
GENERAL
(1) 1.1 The proposed project shall substantially conform to
submitted plans date-stamped February 25, 1991, on file
with the Community Development Department.
(1) 1.2 Unless otherwise specified, conditions in this exhibit
shall be complied with prior to the issuance of any
permits for the project, subject to the 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 Type 47 is
obtained and the sale of liquor commences within 12
months of the date of this exhibit.
(1) 1.4 Approval of Conditional Use Permit 91-03 is contingent
upon the applicant signing and returning an "Agreement to
Conditions Imposed" form as established by the Director
of Community Development.
Operations
(7) 2.1 Hours for sales of alcoholic beverages shall be limited
to the hours between 11:00 a.m. and 10:00 p.m. on
weekdays and between 3:00 p.m. and 10:00 p.m. on weekends
when food is served.
(7) 2.2 No outdoor or bar eating is authorized at this location.
*** 2.3 Ail alcoholic beverages sold on the premises shall be
consumed within the restaurant premises.
(7) 2.4 Authorization for on-site sales of general liquor is
contingent upon the use of the subject tenant space
remaining a restaurant. At such time that the restaurant
use is discontinued, this conditional use permit shall
become null and void.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW
*** EXCEPTION
Exhibit A - Resolution No. 2883
Conditional Use Permit 91-03
Page 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
the same area as point of sale.
The restaurant seating is restricted to a maximum of 136
seats, as evidenced on the submitted plans date stamped
February 25, 1991.