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RESOLUTION NO. 2539
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, AUTHORIZING USE PERMIT 88-22 FOR ON-SITE
SALES OF GENERAL LIQUOR (TYPE 47) IN CONJUNCTION WITH
A RESTAURANT USE AT 13102 NEWPORT AVENUE
The Planning Commission of the City of Tustin does hereby resolve as
fol 1 ow s-
I. The Planning Commission finds and determines as follows'
A. A proper application, Use Permit No. 88-22, has been filed on
behalf of Dimitri's Restaurant, Inc. to request authorization
for on-site sales of general liquor (Type 47) in conjunction
with a restaurant use at 13102 Newport Avenue.
B. A public hearing was duly called, noticed and held for said
application on Monday, November 14, 1988.
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 as 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 Commercial Zoning District.
3,
The subject site is located a minimum of 180 feet from the
nearest residential site and a minimum of 1000 feet from
the nearest school and therefore, is not considered to have
a negative impact upon residents or school children based
upon its location.
4. 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.
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Resolution No. 2539
Page two
II. The Planning Commission hereby approves Conditional Use Permit No.
88-22 to authorize on-site sales of general liquor (type 47) in
conjunction with a restaurant use at 13102 Newport Avenue 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 timc 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 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 foods 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
unless all required parking for bar areas is approved in writing
by the Director of Community Development.
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 ADOPT~E~D.. at a reg~a'm meetiog of the Tustin ~anning Commission,
held on the 14th day of November, 1988.
Chairman
Penni Foley
Secretary
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.~regula~r meeting of
the Tustin Planning Commission, held on the /~'--~ day of /x~l~...~..~.~.,~y~L/
?. '
PENNI FOLEY
Recording Secretary