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RESOLUTION NO. 2446
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, AUTHORIZING A BEER AND WINE
LICENSE FOR ON-SITE SALES AT 13832 RED HILL
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.87-26 has been filed on
behalf of Suburban Subs requesting authorization for an
alcoholic beverage control license (type 41) to sell beer and
wine for on-site consumption at 13832 Red Hill Avenue.
B ·
That a public hearing was duly called, noticed and held on said
appl i cation.
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 6f such proposed use, evidenced by the following
findings:
1. The sale of beer, wine and distilled spirits is for on-site
consumption only.
2. That sale of beer and wine is limited to only when food is
sol d.
3. The use applied for is in conformance with the Land Use
Element of the Tustin General Plan.
4. The use applied for is an allowed use in the C-2 Central
Commercial Zone.
5. That the site for the requested use is, within 300 feet of
an existing establishment which has authorization to sell
al coholic beverages for off-site consumption and within 600
feet of a church and school use. Therefore, pursuant to
Ordinance 981, the subject site will not be permitted to
sell alcoholic beverages for off-site consumption.
De
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.
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Resolution No. 2446
Page two
Ee
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 Fi re 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 on s:
1. The sale of beer and wine is for on-site consumption only.
o
Eleven of the excess 20 seats presently in the unit may be
retained if and when an agreement to allocate three of the
additional 58 spaces to Suburban Subs is signed by the manager
of the shopping center. Otherwise, only five additional seats
will be allowed from the original floor plan.
3. The restaurant shall consist of foods that are primarily
prepared on-site.
®
Alcoholic beverages may only be served during the hours which
food is sold. These hours are from 10'00 a.m. to 8'00 p.m.
Monday through Saturday and 12'00 p.m. to 4'00 p.m. on Sunday.
Authorization 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 wi ne
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 ADpt~ at a re~u~5~ul meeting of the Tustin Planning Commission,
held on the 9th day of November, 1987.
Kathy Wei 1 ~/ '
Chairman
Penni Foley
Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certtfy that I am the Recording
Secretary of the Plannlng Commission of the City of Tusttn, California; that
Resolution No. ~/~/~ was duly passed aj~d.~dopted at, a/xFegular ~neettng of
the _7~ustin Planning Coinmission, held on the ~. day of ~cY~x~ ,
198
/-
, ,
.~ENNI FOLEY
ecordi ng Secretary