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HomeMy WebLinkAboutPC RES 2426 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 26 27 28 RESOLUTION NO. 2426 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING A BEER AND WINE LICENSE FOR ON-SITE SALES AT 13011 NEWPORT AVENUE. The Plannlng Commission of the City of Tusttn does hereby 'resolve as fo11 ows: I. The Planning Commission finds and determines as follows: A. That a proper application, Use Permit No.87-18 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 consumption at 13011 Newport Avenue. B. That a public hearing was dully 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, wine and distilled spirits is forl on-site consumption only. 2. That sale of beer and wine is limited to only when food is sold. 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. 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 Tusttn, 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 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 I. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 Resolution No. 2426 Page two 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. 87-18 to authorize on-site beer and wine sales in conjunction with a restaurant at 13011 Newport Avenue, subject to the following- conditions- 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. All alcoholic beverages shall be consumed on-site. C. Alcoholic beverages shall be sold only when kitchen is open and food is sold. De Authorization for an on-site 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. E. 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. Fo No pool tables or coin operated games are allowed at this 1 ocati on. G. No "bar" type seating is allowed. H. The menu of the restaurant shall consist of foods that are prepared on the premises. 24 25 ~ I I--~enni Foley 26 Secretary 27 28 PASSED AND ADOPTED at a regular~eeting of the Tustin Planning Commission, held on the 28th day of September, 1987. /- Kathy Wei 1 ~ 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. ~/~ was duly passed and adopted at a r,~gular meeting of the Tustin Planning Commission' held on the ~,q2~7~day of . 198_.7_.. '~ - . PENNI 'FOLEY Recording Secretary