HomeMy WebLinkAboutPC RES 4180RESOLUTION NO. 4180
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, DENYING CONDITIONAL USE
PERMIT 2011-13, A REQUEST TO EXTEND THE
APPROVED HOURS FOR ON-SITE ALCOHOLIC
BEVERAGE SALES AND BUSINESS HOURS OF AN
EXISTING RESTAURANT USE AT 654 EL CAMINO REAL.
The Planning Commission does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. That a proper application for Conditional Use Permit 2011-13 was filed by
Chris Kim, of Baden Baden restaurant, to request an extension of the
approved hours for on-site alcoholic beverage sales and business hours, at
an existing restaurant located at 654 EI Camino Real, from 10:00 a.m. to
12:00 a.m. to 10:00 a.m. to 2:00 a.m.
B. That the Tustin City Code (TCC) Sections 9232b3. and 9233c1., require
approval of Conditional Use Permits for on-site alcoholic beverage sales
establishment.
C. That on April 23, 2001, the Planning Commission adopted Resolution No.
3776 approving Conditional Use Permit (CUP} 01-002 to sell beer and
wine (ABC Type 41 License} for on-site sale and consumption in
conjunction with a restaurant use. Condition 3.1$ of Resolution No. 3776
restricted the hours of operation and alcoholic beverage sales to 10:00
a.m. to 10:00 p.m.
D. That on February 13, 2006, the Zoning Administrator adopted Zoning
Administrator Action (ZAA) 06-002 approving CUP 05-046 and extended
the hours of operation of the restaurant from 10:00 a.m. to 12:00 midnight
E. That on May 10, 2011, the Planning Commission established a policy in
which requests to extend hours of operation for establishments involving the
sales of alcoholic beverage sales past 12:00 midnight would need to be
considered by the Planning Commission.
D. That the denial of a conditional use permit request to allow the extension of
hours for alcoholic beverage sales and business hours at an existing
restaurant to 2:00 a.m. can be supported by the following findings:
1. Typical restaurants or bona fide eating place do not open past
midnight. Changing the hours of operation of a restaurant business
to 2:00 a.m. would make the use more similar to a bar or night club.
Bars and/or night clubs require different license types and are
Resolution No. 4180
September 13, 2011
Page 2
subject to distance separation to sensitive uses in which the
establishment would not be able to comply.
2. The proposed hours extension is inconsistent and not compatible
with surrounding restaurants and businesses that serve alcoholic
beverages.
3. The subject business has had several disturbances requiring police
responses. Extending the hours past midnight may require
additional police service in the area.
4. Extending the business hours past midnight would have negative
impacts to the area and the general welfare of persons residing
and working in the neighborhood.
D. That this project is exempt pursuant to Sections 15301 and 15270 of the
California Environmental Quality Act.
II. The Planning Commission hereby denies Conditional Use Permit 2011-13 to
extend of the hours far alcoholic beverage sales and business hours for an existing
restaurant located at 654 EI Camino Real to 2:00 a.m.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular
meeting on the 13th day of September, 2011.
r
JEFF THQMPSOht
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution No. 4180
September 13, 2011
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 4180 was duly passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the 13th day of September, 2011.
;~
ELIZABETH A. BINSACK
Planning Commission Secretary