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HomeMy WebLinkAboutPC RES 2456 1 3 4 6 7 8 9 10 11 13 14 15 16 17 18 19 ~3 ~5 27 RESOLUTION NO. 2456 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING A BEER AND WINE LICENSE FOR ON-SITE SALES AT 450 EAST FIRST STREET, TUSTIN. 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. That a proper application, Use Permit No.87-26 has been filed on behalf of Jalapeno's requesting authorization for an alcoholic beverage control license (type 41) to sell beer and wine for on-site consumption at 450 East First Street, Tusttn. Be That a public hearing was duly called, noticed and held on said application. C. That 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, evidenced by the following findings' 1. The sale of beer and wine is for on-site consumption only. 2. That sale of beer and wine is limited to only when food is sold. e The use applied for is in conformance with the Land Use Element of the Tustin General Plan. e The use applied for ts an allowed use in the Commercial, as a primary use section of the First Street Specific Plan subject to a Conditional Use Permit. . That the site for the requested use is, within 300 feet of an existing establishment which has authorization to sell alcoholic beverages for off-site consumption. Therefore, pursuant to Ordinance 981, the subject site will not be permitted to sell alcoholic beverages for off-site consumpti on. D. That 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. 1 2 3 4 5 6 ! 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 2456 Page t~o E. Proposed development shall be tn accordance wi th the development policies adopted by the City Council, Uniform Building Codes as administered by the Building Official, Fire Code as administered by the Orange County Fire Marshal and street improvement requirements as administered'by the City Engineer. F. That this project is categorically exempt from the requirements of the California Environmental Quality Act, Class 1. G. Final development plans shall require the review and approval of the Community Development Department. II. The Planning Commission hereby approves Conditional Use Permit No. 87-26 to authorize on-site beer and wine sales in conjunction with a restaurant at 13832 Red Hill Avenue, subject to the following condi ti ons' 1. The sale of beer and wine is for on-site consumption only. 2. Only 15 seats for customers are permitted in the restaurant to pursuant to the parking availability on the site. 3. The restaurant shall consist of foods that are primarily prepared on-si re. 4. Alcoholic beverages may only be served during hours when food is sold. These hours are from 8:00 a.m. to 9'00 p.m. weekdays and 9'00 p.m. to 8'00 p.m. on Saturdays and Sundays. e Authoriza'tion for this on-site beer and wine license is contingent upon the use remaining as a restaurant. If the restaurant use is ever discontinued, then the beer and wine license will be rescinded. e All persons serving or selling alcoholic beverages shall be 18 years of age or older and shall be supervised by someone twenty-one years of age or older. PASSED AND ADOPTED. at a regul,ar meeting of the Tustin Planning Commission held on the 23rd day of November, 1987. Penni Foley m~m Secretary 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. c~9<F/~-~m was duly passed and adopted at_q regular meeting[ of the Tustin Planning Commission, held on the ~2~.~? day of 198._~__.. ' PENNI FOLEY Recording Secretary