HomeMy WebLinkAboutPC RES 2843 6
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RESOLUTION NO. 2843
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 90-27, AUTHORIZING ON-SITE SALES AND
CONSUMPTION OF BEER AND WINE ONLY (TYPE 41 ABC
LICENSE) IN CONJUNCTION WITH A RESTAURANT USE
AT 17602 SEVENTEENTH STREET, SUITE 104, 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, Use Permit 90-27 has
been filed on behalf of Lenny's Pasta and
Pizza requesting authorization for on-site
sales and consumption of Beer and Wine (Type
41 ABC License) in conjunction with a
restaurant use located at 17602 Seventeenth
Street, Suite 104, Tustin.
Be
A public hearing was duly called, noticed and
held for said application on October 22, 1990.
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/or 9233
(c) (v)), and the adopted guidelines for
alcoholic beverage sales establishments.
·
The use applied for is a conditionally
permitted use in both the Retail
Commercial (C-i) and the Central
Commercial (C-2) Districts.
·
Alcohol sold on the premises shall be for
on-site consumption only.
·
The use applied for is immediately
surrounded by commercial properties and
is physically separated from residential
uses.
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Resolution No. 2843
Page 2
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:
·
The use applied for will not require any
alterations to the interior or exterior
at the subject location.
·
The use applied for is in compliance with
the adopted guidelines for alcoholic
beverage sales establishments.
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 90-27 authorizing on-site sales of beer
and wine only (Type 41 ABC License) in conjunction
with a restaurant use located at 17602 Seventeenth
Street, Suite 104, subject to the conditions
contained within Exhibit A attached hereto.
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Resolution No. 2843
Page 3
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 22nd day of October,
1990.
Chairman
'- - ~ITZ~TR-I CK
Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN FITZPATRICK, the undersigned, hereby certify
that I am the Recording Secretary of the Planning
Commission of the City of Tustin, California; that
Resolution No. ~3 was duly passed and adopted at a
regular meeting of the~Tustin Planning Commission, held
on the 2~A~d day of ~ , 1990.
K~]{LEEN FITZP~RICK
Recording Secretary
EXHIBIT A
RESOLUTION NO. 2843
CONDITIONS OF APPROVAL
USE PERMIT 90-27
GENERAL
(1) 1.1 The proposed project shall substantially conform to
submitted plans date stamped October 22, 1990 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 90-27 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 alcoholic beverages shall be limited to
the hours when food is available (11:30 a.m. to 9:00 p.m.
Monday through Thursday and 11:30 a.m. to 10:00 p.m.
Friday and Saturday).
(2) 2.3 The menu of the restaurant shall consist of foods that
are prepared on the premises.
(2) 2.4 Alcoholic beverages shall be consumed within the
restaurant premises. No outdoor seating is authorized at
this location.
SOURCE CODES
(1) STANDARD CONDITIONS
(Z) PLANNING COMMISSION POLICY
(3) MUNICIPAL CODE
Exhibit A
Resolution No. 2843
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 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).
(2) 2.9 No alcoholic beverages shall be consumed on any property
adjacent to the licensed premises under the control of
the applicant.
(3) 2.10 The dining area is restricted to maintain a maximum of
sixteen (16) seats as evidenced on the submitted plans
date stamped October 22, 1990.