HomeMy WebLinkAboutPC RES 25191
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RESOLUTION NO. 2519
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING USE PERMIT 88-13 AND
VARIANCE 88-8 FOR A 150 SEAT DINNER THEATRE WITH
ON-SITE CONSUMPTION OF BEER AND WINE (TYPE 41) HAVING
EIGHT PARKING SPACES LESS THAN THE ZONING CODE
REQUIREMENT IN THE C-1 DISTRICT AT 15732 TUSTIN
VILLAGE WAY, UNIT D.
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. Proper applications, Use Permit No. 88-13 and Variance 88-8,
have been filed on behalf of L.P. Repertory/William Durkin to
request approval of a 150 seat dinner theatre with on-site
consumption of beer and wine {Type 41) having eight parking
spaces less than the Zoning Code requirement at 15732 Tustin
Village Way, Unit D.
B. A public hearing was duly called, noticed and held for said
applications on August 8, 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
C-1, Retail Commercial District.
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3. The subject site is located a minimum of 350 feet from the
nearest residential site and a minimum of 1200 feet from
the nearest school and therefore, is not considered to have
an effect upon residents or school children based upon its
location.
4. Alcohol sold on the premises shall be for on-site
consumption only.
The establishment, maintenance, and operation of the use applied
for will not be injurious or detrimental to the property and
improvements in the neigborhood of the subject property, nor to
the general welfare of the City of Tustin, and should be
granted.
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Resolution No. 2519
Page two
E. A Variance from the parking requirements of the Zoning Code is
warranted due to the following required findings:
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That there are unusual or exceptional circumstances
applicable to the subject property which do not necessarily
apply to other shopping centers in the same zoning
district; and that the dinner theatre's need for additional
parking shall be at times that most businesses in the
center are not operating.
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That the requested Variance would not convey a special
privilege to the applicant or owner of the shopping center
that is not enjoyed by other businesses or property owners
in the same zone; in that the parking spaces expected to be
utilized shall be those within the subject center's private
property as is the intention of provided parking in all
typical cases.
3. That the granting of this Variance will not be detrimental
to the value of adjacent and surrounding properties; in
that existing on-site parking is expected to accommodate
the parking needs for this property.
4. That the granting of this Variance will not be contrary to
the City's General Plan.
F. A Negative Declaration in conformance with the California
Environmental Quality Act has been applied for and is hereby
approved.
II. The Planning Commission hereby approves Use Permit 88-13 and Variance
88-8 authorizing a dinner theatre with on-site consumption of beer
and wine {Type 41) having eight parking spaces less than the Zoning
Code requirements at 15~32 Tustin Village Way, Unit D, subject
conditionsI attached as Exhibit A.
PASSED AND ADOP~J~E.D~at a regular~keeting of the Tustin Planning Commission,
held on the 8th day of August, 1988.
t')kl' Baker
Penni Foley
Se cre ta ry
Chairman
EXHIBIT A
Resolution No. 2:519
Use Permit 88-13 and Yariance 88-8
Conditions of Approval
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The proposed project shall substantially conform with submitted plans on file
with the Community Development Department, as herein modified or as modified by
the Director of Community Development in accordance with this exhibit.
Unless otherwise specified, the conditions contained in this exhibit shall be
complied with prior to issuance of any occupancy permits for the project subject
to review and approval by the Community Development Department.
Tenant improvement plans shall be submitted for plan check. Requirements of the
Uniform Building Codes, Fi re Code, State Handicap and Energy Requirements shall
be c~mplied wi th.
Sign plans for the proposed use shall be submitted for design review and
approval by the Director of Community Development.
Primary hours of operation shall begin no earlier than 12:00 noon and end no
later than 12:00 midnight daily.
Use of the theatre shall be restricted to primarily theatrical productions, and
musical entertainment associated wi th a dinner theatre. Changes in the use of
the facility, for other than plays or stage shows, shall require the review of
the Community Development Director and possible amendment to the use permit.
Occupancy shall not exceed 126 patrons on weekdays and Saturdays before 6:00
p.m. nor shall it exceed 150 patrons at any other time, controlled by ticket
sales, or that number of persons determined to safely occupy premises by the
County Fire Department, but not to exceed 150.
Use shall conform to the City of Tustin Security Ordinance·
An alarm system and cash safe shall be installed to the satisfaction of City of
Tusti n Poll ce Department.
10. All alcoholic beverages shall be consumed on site.
11. Authorization for on-site sales of beer and wine is contingent upon the use of
the subject site remaining a dinner theatre. At such time as the dinner theatre
use is discontinued, the use permit shall become null and void.
12. All persons serving alcoholic beverages shall be eighteen years of age or older
and supervised by someone twenty-one years of age or older. Said supervisor
shall be present in same area as point of sale.
13. Hours of sale of alcoholic beverages shall be limited to the hours when food is
served.
Exhibit A
Resolution 2519
page two
14. There shall be no pool tables or coin operated games on the premises at any
ti me.
15. No outdoor seating is authorized at this location.
16. This Use Permit and Variance shall become null and void unless building permits
are issued and construction underway within 12 months of the date on this
exhibit. The sales of beer and wine shall commence within 12 months from the
date of approval of this Resolution or its authorization shall become null and
vol d.
17. The Use Permit shall be subject to re-review by the Community Development and
Police Departments at 3 month intervals over an 18 month period to assess any
adverse impacts to the area caused by the use.
18. Applicant shall obtain all necessary permits for signs, improvements and uses as
per City regulations.
19. Applicant shall sign and return to the City an Agreement to Conditions Imposed
form, stating agreement to comply with the conditions placed upon this Use
Permit.
20. Applicant shall at all times maintain legal agreements with neighboring tenants
{existing and future) to provide additional parking needed to meet the parking
requirement for any audiences larger than 126 patrons.
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. c~-/~ was duly passed an~,~adopted at a r~c~gula~_~ting of
the ~ustin Planning Commission, held on the xJxz~-~ day of _~~ ,
198 ~ . -
EY cretary~
Recording Se