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RESOLUTION NO. 2774
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 90-12, AUTHORIZING ON-SITE SALES' AND
CONSUMPTION OF BEER AND WINE ONLY (TYPE 41 ABC
LICENSE) IN CONJUNCTION WITH A RESTAURANT USE
AT 13041 NEWPORT AVENUE, 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, Use Permit 90-12 has
been filed on behalf of Cafe Le Palmier
Restaurant requesting authorization for on-
site sales and consumption of Beer and Wine
(Type 41 ABC License) in conjunction with a
restaurant use located at 13041 Newport
Avenue, Tustin.
B·
A public hearing was duly called, noticed and
held for said application on May 29, 1990 and
continued to June 11, 1990.
Ce
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 (Section 9233(v)), and the adopted
guidelines for alcoholic beverage sales
establishments.
·
The use applied for is a conditionally
permitted use in the Central Commercial
(C-2) District.
·
The subject site is located a minimum of
300 feet from the nearest residential
site and a minimum of 1,700 feet from the
nearest public school (Sycamore
Elementary School at 12672 Elizabeth
Way), church (Hope Christian Church at
1372 Irvine Blvd.), playground (Sycamore
Elementary School), or hospital (Western
Neuro Care at 17291 Irvine Blvd.) and
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Resolution No. 2774
Page 2
therefore, is not considered to have a
negative impact upon residents or school
children based upon its location.
·
The subject location is within 300 feet
of another establishment with an off-
sale license and therefore can not be
authorized to provide off-sale beer or
wine pursuant to City Code Section
9233(v).
D~
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, and should be granted.
E.
This project is Categorically Exempt from the
requirements of the California Environmental
Quality Act, pursuant to section 15305 (Class
5).
II. The Planning Commission hereby approves Conditional
Use Permit 90-12 authorizing on-site sales of beer
and wine only (Type 41 ABC License) only in
conjunction with a restaurant use located at 13041
Newport Avenue, subject to the conditions contained
within Exhibit A attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 11th day of June, 1990.
Chairman
Secretary
EXHIBIT A
RESOLUTION NO. 2774
CONDITIONS OF APPROVAL
USE PERMIT 90-12
GENERAL
(1) 1.1 The proposed project shall substantially conform to
submitted plans date stamped June 11, 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 liquor 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 90-12 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 (7:00 a.m. to 10:00
p.m. Monday through Sunday.
(2) 2.3 The menu of the restaurant shall consist of foods that
are prepared on the premises and the applicant shall
submit a menu of the restaurant which shall consist of
foods that are prepared on premises during hours when
alcoholic beverages are being sold.
(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
(2) PLANNING COMMISSION POLICY
(3) MUNICIPAL CODE
Exhibit A
Resolution No. 2774
June 11, 1990
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.
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RESOLUTION NO. 2447
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, AUTHORIZING A BEER AND WINE
LICENSE FOR ON-SITE AND OFF-SITE (TYPE 41)
SALES AT 13011 NEWPORT AVENUE.
The Planning Commission of the City of Tustin does hereby resolve as
fol lows:
I. The Planning Commission finds and determines as f~llows'
A. That a proper application, Use Permit No. 87-23 has been filed
on behalf of Gyro King requesting authorization for an alcoholic
beverage control license (type 41) to sell beer and wine for
on-site and off-site consumption at 13011 Newport Avenue.
Be
That a public hearing was duly called, noticed and held on said
appl i cati on.
C. That establishment, maintenance, and operation of the use
applied for will not, under the circumstances of this case,
be detrimental to the heal th, safety, morals, comfort, or
general welfare of the persons residing or working in the
neighborhood of such proposed use, evidenced by the following
findings:
le
That sale of beer and wine is limited to only when food is
sold.
®
The use applied for is in conformance with the Land Use
Element of the Tustin General Plan.
3.
The use applied for is an allowed use in the C-2 Central
Commercial Zone subject to approval of a Conditional Use
Permit.
4. The subject site is more than 300 feet from the nearest
off-site sales establishment; 600 feet from any church,
hospital, school or playground; 100 feet from any
residential property.
Do That 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, and should be
granted.
E. Proposed development shall be in accordance with the development
policies adopted by the City Council, Uniform Building Codes as
administered by the Building Official, Fi re Code as administered
by the Orange County Fire Marshal and street improvement
requirements as administered by the City Engineer.
F. That this project is categoricalQluYa exempt from the requirements
of the California Environmental lity Act, Class I.
ATTACHMENT
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Resolution NO. 2447
Page two
G. Final development plans shall require the review and approval of
the Community Development Department.
II. The Planning Commission hereby approves Conditional Use Permit No.
87-23 to authorize on-site beer and wine sales in conjunction with a
restaurant at 13011 Newport Avenue, subject to the following
condi ti OhS:
A. The applicant shall sign and return an Agreement to Conditions
Imposed form which states that the applicant agrees to all
conditions imposed, the conditions shall be included on the
State issued Alcoholic Beverage license, and failure to comply
with any of the conditions shall be grounds for suspension or
revocation of the license.
B. Alcoholic beverages shall be sold only when kitchen is open and
food is sold.
C. Authorization for an on-site/off-site (type 41} beer and wine
license is contingent upon the use remaining as a restaurant.
At such time that the restaurant use is discontinued,
authorization for the license will be null and void.
D. All persons servlng or selling alcoholic beverages and food
shall be 18 years of age or older and shall be supervised by
someone twenty-one years of age or older.
No pool tables or coin operated games are allowed at this
1 ocati on.
F. No "bar" type seating is allowed.
G. The menu of the restaurant shall consist of foods that are
prepared on the premises.
PASSED AND ADOPTED at a re gula~meet, ing of the Tustin Planning Commission,
held'on the mv4~¢~' day of(~/~(gj~tr.4- , 198'?.
Penni Foley
Secretary
Kathy Weil 0
Chairman