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RESOLUTION NO. 2600
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CALIFORNIA AUTHORIZING USE PERMIT 89-10 FOR A
SANDWICH SHOP WITH TAKE-OUT SERVICE AND ON-SITE SALES
OF BEER AND WINE (TYPE 41 LICENSE) AND DENYING THE
REQUEST FOR AN OUTDOOR SEATING AREA AT 14272 FRANKLIN
AVENUE, SUITE 110
The Planning Commission of the City of Tustin does hereby resolve as
fol lows:
I. The Planning Commission finds and determines as follows'
A. That a proper application, Use Permit 89-10 has been filed on
behalf of Jean Haider {Morrison & Associates) to request
authorization for a sandwich shop with take-out service, on-site
sales of beer and wine (License Type 41) and an outdoor seating
area at 14272 Franklin Avenue, Suite 110.
B. That a public hearing was duly called, noticed and held on said
application on May 8, 1989.
C. That establishment, maintenance, and operation of a sandwich shop
with take-out service with on-site beer and wine sales 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, evidenced by the following findings:
1. The use is in conformance with the General Plan, Tustin
Zoning Code and the adopted guidelines for alcoholic
beverage sales establishments.
2. The use is a conditionally permitted use in the Planned
Community {PC-I} Industrial zoning district and Irvine
Industrial Complex regulations.
3. The subject site is located a minimum of 1,300 feet from the
nearest residential site and a minimum of 3,000 feet from
the nearest school and therefore, is not considered to have
an effect upon residents or school children based upon its
1 oca ti on.
4.
A1 cohol sol d on the premises shal 1 be for on-si te
consumpti on only.
D,
That the establishment, maintenance, and operation of the
sandwich shop with take-out service with on-site beer and wine
sales 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.
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Resolution No. 2600
Page two
E. That establishment, maintenance, and operation of the requested
outdoor seating area could, 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, evidenced by the following findings:
1. The use is not in conformance wi th the City's and Alcoholic
Beverage Control's guidelines for outdoor seating.
2. The use would allow the unlicensed transfer of alcoholic
beverages from the enclosed premises of the restaurant.
F. That the establishment, maintenance, and operation of the
requested outdoor seating area could be injurious or detrimental
to the property and improvements in the neighborhood of the
subject property, or to the general welfare of the City of
Tustin, and should be denied.
G. Proposed development shall be in accordance with the development
policies adopted by the City Council, Uniform Building Codes as
administered by the Building Official and Fire Code as
administered by the Orange County Fire Marshal.
H. This project is Categorically Exempt {Class 1) from the
California Environmental Quality Act.
26 Penni Foley
Secretary
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II. The Planning Commission hereby approves Conditional Use Permit No.
89-10 to authorize a sandwich shop wi th take-out service and on-site
sales of beer and wine {License Type 41) and denies the request for an
outdoor seating area at 14272 Franklin Avenue; Suite 110 subject to
the conditions contained in Exhibit A, attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,
held on the 8th day of May, 1989.
EXHIBIT A
RESOLUTION NO. 2600
CONDITIONS OF APPROVAL
USE PERMIT Bg-IO
GENERAL
le
The proposed project shall substantially conform to submitted plans date
stamped March 21, 1989 on file with the Community Development Department as
herein modified and with changes made to the plans as requested below.
2o
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.
0
Use Permit approval shall become null and void unless building permits are
obtained within 18 months of the date of this exhibit.
0
Approval of Use Permit 89-10 is contingent upon the applicant signing and
returning an "Agreement to Conditions Imposed" form as established by the
Director of Community Development.
5. At Bulding plan check submittal:
ae
Provide construction plans, structural calcuations and Title 24 energy
calculations required for approval of the Building Official.
0
Prior to issuance of any building permits, provide payment of all required
fees as applicable including:
a. Plan check and permit fees to Community Development Department.
All signs, including temporary signs, shall conform with the Master Sign
Program for 14272 Franklin Avenue, Suite 110, the Tustin Sign Code and
current Temporary Use Permit policy. All permits for permanent signage
shall be processed and issued prior to issuance of a Certificate of
Occupancy.
8. Outdoor seating shall not be included with the operation of the restaurant.
9. All alcoholic beverages shall be consumed within the premises of Suite 110.
10. Authorization for on-site sales of beer and wine sales is contingent upon
the use of the subject suite remaining a restaurant. At such time the
restaurant use is discontinued, the Use Permit shall become null and void.
11. All persons serving alcoholic beverages shall be eighteen years of age or
older and shall be supervised by someone twenty-one years of age or older.
A supervisor shall be present in same area as point of sale.
12. The menu of the restaurant shall consist of foods that are prepared on the
premises.
13. No "bar" type seating is allowed.
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 Tustin, California; that
Resolution No. r~.OO was duly passed an_d adopted at a reg. u_lar meeting of
the ]FJ~,stin Planning Commission, held on the ~77~X-~day of~-~~ ,
198~.
-PENNI FOLEY
Recording Secretary