HomeMy WebLinkAboutPC RES 2447r,
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RESOLUTION NO. 2447
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, AUTHORIZING A BEER AND WINE
LICENSE FOR ON-SITE AND OFF-SITE (TYPE 41)
SALES AT 13011 NEWPORT AVENUE.
The Planning Commission of the City of Tustin does hereby resolve as
fol lows:
I. The Planning Commission finds and determines as follows:
A. That a proper application, Use Permit No. 87-23 has been filed
on behalf of Gyro King requesting authorization for an alcoholic
beverage control license (type 41) to sell beer and wine for
on-site and off-site consumption at 13011 Newport Avenue.
B. 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 heal th, 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. That sale of beer and wine is limited to only when food is
sold.
2. The use applied for is in conformance with the Land Use
Element of the Tustin General Plan.
3. The use applied for is an allowed use in the C-2 Central
Commercial Zone subject to approval of a Conditional Use
Permit.
4. The subject site is more than 300 feet from the nearest
off-site sales establishment; 600 feet from any church,
hospital, school or playground; 100 feet from any
residential property.
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.
E ·
Proposed development shall be in accordance with 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 exemRt from the_requirements
of the California Environmental Quality Act, Class I.
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Resolution No'. 2447
Page two
Go
Final development plans shall require the review and approval of
the Community Development Department.
The Planning Commission hereby approves Conditional Use Permit No.
87-23 to authorize on-site beer and wine sales in conjunction with a
restaurant at 13011 Newport Avenue, subject to the following
condi ti ons'
A. 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 conditions shall be grounds for suspension or
revocation of the license.
B. Alcoholic beverages shall be sold only when kitchen is open and
food is sold.
C. Authorization for an on-site/off-site {type 41) beer and wine
license is contingent upon the use remaining as a restaurant.
At such time that the restaurant use is discontinued,
authorization for the license will be null and void.
D. All persons serving or selling alcoholic beverages and food
shall be 18 years of age or older and shall be supervised by
someone twenty-one years of age or older.
E. No pool tables or coin operated games are allowed at this
1 ocati on.
F. No "bar" type seating is allowed.
G. The menu of the restaurant shall consist of foods that are
prepared on the premises.
PASSED AND ADOPTED at a regula~r~m_eet, ing of the Tustin Planning Commission,
held on the 26th day of October, 1987..
Secretary
Kathy Well 0
Chai rma n
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. ~'/(/7_ was duly passed and adopted at a~regular meeting of
the Tustin Planning Commission, held on the ~k day of ~7~_~C~ ,
7. "'
Recording Secretary