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RESOLUTION NO. 2402
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, AUTHORIZING OFF-SITE GENERAL
LIQUOR SALES IN CONJUNCTION WITH A CONVENIENCE
MARKET USE AT 17102 MC FADDEN AVENUE
The Planning Commission of the City of Tustln does hereby resolve as
fo1 lows:
I. The Planning Commission finds and determines as follows:
A. That a proper application, Use Permit No. 87-9 has been filed on
behalf of Circle K Convenience' stores requesting authorization
for off-site general liquor sales in conjunction with a
convenience market use at 17102 Mc Fadden 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. This project is in conformance with the Tustin General
Plan.
2. The use requested is a conditionally permitted use in the
C-2 zone and is in conformance with the requirements of
Section 9233 of the Tustin Municipal Code.
3. The location is a minimum of 1900 feet from any church,
school, playground or hospital.
4. The hours of operation and liquor sales are in conformance
with the State Deaprtment of Alcoholic Beverage Control
requirements.
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.
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.
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281
Resolution No. 2402
Page two
II.
F. This project is categorically exempt from the requirements of
the Ca.lifornia Environmental Quality Act (Class 1).
The Planning Commission hereby approves Conditional Use Permit No.
87-9 to authorize off-site general liquor sales in conjunction with a
convenience market use at 17102 Mc Fadden Avenue subject to the
following conditions:
A®
Final development plans shall require the review and approval
of the Community Develop. ment Department.
Be
Refrigerated single-serving beverage containers shall be located
in an enclosed refrigeration unit no less than ten (10) feet
from the point of sale.
C. Two (2) "No Loitering" signs shall be posted at the entrance of
the business (Minimum size: 17" X 22").
D. No alc'oholic beverages shall be consumed on any property
adjacent to the' licensed premises under the control of the
- applicant.
E. Authorization for off-site sales of beer and wine/liquor is
contingent upon the use at the subject site remaining as a
convenience market. Should this use change or be discontinued,
authorization for this use permit is null and void.
F.. All persons selling alcoholic beverages shall be eighteen years
of age or older and shall be supervised by someone twenty-one
years of age or older at all times. Supervior shall be present
in same area as point of sale.
G. Hours of alcoholic beverage sales shall be limited to 6'00 a.m.
to 2:00 a.m. as required by the State Department of Alcoholic
Beverage Control.
H. Signs posted to advertise items shall be limited to cover no
more than 25~ of the window area.
I. The floor area devoted to sale, display and storage of alcoholic
beverage items shall be no more than 10~ of the total gross
fl oor area.
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Resolution No. 2402
Page three
J. 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
wi th any of the foregoing conditions shall be grounds for
suspension or revocation of the Use Permit.
a~r..me_eting of the Tustl n Planning Commission
PASSED AND ADOJ~TyE_~/at a regul ,
held on the 11th day of May, 1987.
Chairman
Y
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the P_lanning Commission of the City of Tustin, California; that
Resolution No. ~,~)~ was duly passed and.)~opted at ~. regular meeting of
the~Tusttn Planning Commission, held on the /'/'7~day of ~~.~j ,
198~7--' ' ' d~
OLEY ~//
Recording Secretary