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HomeMy WebLinkAboutPC RES 2549 2 3 4 5 6 7 8 9 10i 11~ 12~ 13 14 15 17 18 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 2549 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING USE PERMIT 88-25 FOR ON-SITE SALES OF GENERAL LIQUOR (TYPE 47) IN CONJUNCTION WITH A RESTAURANT USE AT 158 WEST MAIN STREET. The Planning Commission of the City of Tustin does hereby resolve as fol 1 ows: I. The Planning Commission finds and determines as follows: A. A proper application, Use Permit No. 88-25, has been filed on behalf of Rutabegorz (Restaurant), Inc. to request authorization for on-site sales of general liquor {Type 47) in conjunction with an existing restaurant use located at 158 West Main Street. B, A public hearing was duly called, noticed and held for said application on Monday, January 9, 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: 1. The use applied for is in conformance with the General Plan, Tustin Zoning Code and the adopted guidelines for alcoholic beverage sales establishments. 2. The use applied for is a conditionally permitted use in the Planned C2 Central Commercial Zoning District. . The use applied for does not propose changing the existing building exterior and therefore, is not considered to have a negative impact on the Cultural Resources District. me The subject site is located a minimum of 200 feet from the nearest residential site and a minimum of 2000 feet from the nearest school and therefore, is not considered to have a negative impact upon residents or school children based upon its location. , Alcohol sold on the premises shall be for on-site consumption only. 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 (Class 1) from the California Environmental Quality Act. 1 3 4 5 6 8 9 10i 11! 12; 1(; 19 21 22 23 27 28 Resolution No. 2549 Pa ge two II. The Planning Commission hereby approves Conditional Use Permit No. 88-25 to authorize changing an existing license for on-site sales of beer and wine (type 41) in conjunction with an existing restaurant use to on-site sales of general liquor (type 47) in conjunction with said restaurant use located at 158 West Main Street subject to the following conditions: 1. All alcoholic beverages shall be consumed on site. 2. Authorization for on-site sales of beer and wine/liquor sales is contingent upon the use of the subject site remaining a restaurant. At such time the restaurant use is discontinued, this use permit shall become null and void. 3. 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. Supervisor shall be present in same area as point of sale. 4. Hours of sale of alcoholic beverages shall be limited to the hours when food is served. 5. The menu of the restaurant shall consist of foo~s that are prepared on the premises. 6. There shall be no pool tables or coin operated games on the premises at any time. 7. No outdoor seating is authorized at this location, 8. If the sales of general liquor do not commence within 12 months from the date of approval of this Resolution, this Use Permit shall become null and void. 9. No fixed bar or bar seating is authorized with this approval. 10. The applicant shall sign and return an Agreement to Conditions Imposed form stating agreement to comply with the conditions placed upon this use permit. PASSED AND ADO~I~TED at a regular~g of the Tustin Planning Commission, held on the 9th day of January, 1989. Penni Foley Secretary A: [.- S~keeP Chairman 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. .~/? was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the ~ day0 f ~~~ m ~ ~ ' 198 ~.. PENNI FOLEY Recording Secretary