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RESOLUTION NO 2713
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 89-36, AUTHORIZING ON-SITE SALES AND
CONSUMPTION OF BEER AND WINE (TYPE 41 ABC
LICENSE) IN CONJUNCTION WITH A RESTAURANT USE
AT 17582 SEVENTEENTH STREET, 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 89-36 has
been filed on behalf of Ruby's Diner
requesting authorization for on-site sales and
consumption of Beer and Wine (Type 41 ABC
License) in conjunction with a restaurant use
located at 17582 E. Seventeenth Street,
Tustin.
B·
A public hearing was duly called, noticed and
held for said application on November 27,
1989.
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, Tustin Zoning Code
and the adopted guidelines for alcoholic
beverage sales establishments.
·
The use applied for is a conditionally
permitted use in the Planned Community
Commercial (PC-C).
·
The subject site is located a minimum of
300 feet from the nearest residential
site and a minimum of 600 feet from the
nearest school and therefore, is not
considered to have a negative impact upon
residents or school children based upon
its location.
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Resolution No. 2713
Page two
·
Alcohol sold on the premises shall be for
on-site consumption only.
Do
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 15301 (Class
1).
II~.. The Planning Commission hereby approves Conditional
Use Permit 89-36 authorizing on-site sales of beer
and wine (Type 41 ABC License) in conjunction with
a restaurant use located at 175682 E. Seventeenth
Street 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 27th day of November,
1989.
Leslie A Pontlous
Chairman
Secretary
EXHTBIT A
RESOLUTTON NO. 2713
COND'rTTONS OF APPROVAL
USE PERMIT 89-34
GENERAL
(1) 1.1 The proposed project shall substantially
conform to submitted plans date stamped
November 27, 1989 on file with the Community
Development Department including the maximum
seating area of 142 spaces.
(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 a Type 41 alcoholic
beverage license is obtained from ABC and the
sale of liquor commences within 12 months of
the date of this exhibit.
(2) 1.4 Hours of sales of alcoholic beverages shall be
limited to the hours when food is served(il:00
a.m. to 10:00 p.m. daily).
(2) 1.5 No outdoor or bar seating is authorized at
this location.
(2) 1.6 Alcoholic beverages shall be consumed within
the restaurant premises.
(2) 1.7 Authorization for on-site sales of beer and
wine is contingent upon the use of the subject
suite remaining a restaurant. At such time
the restaurant use is discontinued the
Conditional Use Permit shall become null and
void.
(2) 1.8 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.
Exhibit A
Resolution No. 2713
Page two
(2) 1.9 The menu of the restaurant shall consist of
foods that are prepared on premises.
(1) 1.10 Approval of Use Permit 89-36 is contingent
upon the applicant signing and returning an
"Agreement to Conditions Imposed" form as
established by the Director of Community
Development.
SOURCE CODES
(1) Standard Conditions
(2) Planning Commission Policy
EH:pef
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the Planning Commission of the City of Tusttn, California; that
Resolution No. ~'713 was duly passed ~.nd adopted at-la, regular meeting of
the~Tustin Planning Commission, held on the~~ day of /K/~>~ ,
1987 ·