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RESOLUTION NO. 2443
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, AUTHORIZING USE PERMIT 87-21 FOR ON-SITE
SALES OF GENERAL LIQUOR (TYPE 47) IN CONJUNCTION WITH
A RESTAURANT USE AT 13572 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. A proper application, Use Permit No. 87-21 has been filed on
behalf of Davios Restaurant to request authorization for on-site
sales of general liquor (Type 47) in conjunction with a
restaurant use at 13572 Newport Avenue.
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 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:
·
The use as applied for is in conformance with the General
Plan, Tustin Zoning Code and the adopted guidelines for
alchohlic beverage sales establishments.
·
The use applied for is a conditionally permitted use in the
PC' Planned Community Commercial District.
·
The subject site is located a minimum of 300 feet from the
nearest residential site and a minimum of 1800 feet from
the nearest school and therefore is not considered to have
an effect upon residents or school children based upon its
location.
·
Alcohol sold on the premises shall be for consumtion
on-site 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. 2443
Page two
II. The Planntng Commission hereby approves Conditional Use Permit No.
87-21 to authorize on-site sales of general liquor (type 47) in
conjunction with a restaurant use at 13572 Newport Avenue subject to
the following conditions:
1. All alcholoic beverages shall be consumed on site.
2. Authorization for on-site sales of beer and wine/liquor 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.
3. 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.
4. Hours of operation are limited to the hours of 11:00 a.m. to
12:00 a.m. Food must be served during these hours.
5. The menu of the restaurant shall consist of foods that are
prepared on the premises.
6. No "bar" type seating is allowed.
7. There shall be no pool tables or coin operated games on the
premises at any time.
8. No outside seating shall be permitted without future plans being
reviewed and approved by the Planning Commission as an amendment
to this Use Permit.
PASSED AND ADOPTE~ at a regula_cr meeting of the Tustin Planning Commission,
held on the 26th day of October, 1987.
-Penni Foley
Secretary
Klathy
~W~f 1
Chairmaln
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. ~Y~/~ was duly passed and q~.dopted at a~.,regular meeting of
the Tustin Planning Commission, held on the ~. day of ~~~
198_~._. '
PENNI FOLEY--
Recording Secretary