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RESOLUTION NO. 2504
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, AUTHORIZING USE PERMIT 88-10 FOR ON-SITE
SALES OF BEER AND WINE (TYPE 41) IN CONJUNCTION WITH
A RESTAURANT USE WITH AN OUTDOOR SEATING AREA AT 3002
DOW AVENUE, SUITE 534
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. 88-10 has been filed on
behalf of Richard Matics to request authorization for on-site
sales of beer and wine (Type 41) in conjunction with a
restaurant use with an outdoor seating area at 3002 Dow Avenue,
Suite 534.
B. A public hearing was duly called, noticed and held on said
application.
C. Establishment, maintenance, and operation of the use applied for
will not, under the circumstances of this case, be detrimental
to the heal th, 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 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
M-Industrial zoning district.
e
The subject site is located a minimum of 3,400 feet from
the nearest residential site and a minimum of 5,200 feet
from the nearest school and therefore, is not considered to
have an effect upon residents or school children based upon
its location.
e
Alcohol sold on the premises shall be for on-si
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. 2504
Page two
II. The Planning Commission hereby approves Conditional Use Permit No.
88-10 to authorize on-site sales of beer and wine (type 41) in
conjunction with a restaurant use with an outdoor seating area at
3002 Dow Avenue, Suite 534 subject to the conditions in Exhibit A
attached hereto.
hePASSED1 d on ANDthe ADOPTED on the 13th day of June, 1988.
Kathy Wei
Chairman
Penni Foley //
Secretary
EXHIBIT A
RESOLUTION NO. 2504
USE PERMIT 88-10
I. Alcoholic Beverage Sales Requirements:
A. All alcoholic beverages shall be consumed on site.
B. Authorization for on-site sales of beer and wine sales is contingent upon
the use of the subject site remaining a restaurant. At such time the
restaurant use is discontinued, the Use Permit becomes null and void.
C. All persons serving alcoholic beverages must 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.
D. Hours of operation are limited to the hours of 8:00 a.m. to 5:00 p.m.
Food must be served during these hours.
E. The menu of the restaurant shall consist of foods that are prepared on
the premises.
F. No "bar" type seating is allowed.
G. The applicant shall sign and return an Agreement to Conditions Imposed
form which states that the applicant agrees to all conditions imposed,
the conditions shall be included on the State issued Alcoholic Beverage
license, and failure to comply with any of the foregoing conditions shall
be grounds for suspension or revocation of the license.
II. Outdoor Seating Area Requirements:
A. If alcoholic beverages are served in the outdoor seating areas, access
into and out of this area shall be through the restaurant only. All
proposed gates shall be marked as "emergency exit" only.
B. The outdoor seating area shall be fully enclosed with a minimum 3'0" high
wall or fence.
C. The outdoor seating area shall be supervised by restaurant staff.
D. The applicant shall provide proof of the property owners agreement to
reserve 14 parking spaces for this restaurant.
E. A maximum of 42 seats are allowed in the restaurant (including outdoor
seating).
F. A minimum of one trash receptacle shall be kept in the outdoor seating
area.
G. At all times, the outdoor seating area and restaurant surroundings shall
be kept free of litter.
Exhibit A
Resolution 2504
Page two
H. All signs shall conform with the Tustin Sign Code. No specific product
advertisements are allowed in areas visible from the public right-of-way.
I. Any amplified music or entertainment shall be maintained in the interior
of the restaurant. Should valid noise related complaints be filed
against this facility, all source operations of noise shall be
discontinued until proper sound attenuation devices are installed.
LCP: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 Planni?g Commission of the City of Tustin, California; that
Resolution No. ,.-~).~-C!~-/ was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the ./L~?~ day of L [L~x_~ ,
198.2~_-
Recording Secretary