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RESOLUTION NO. 2391
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, AUTHORIZING A BEER AND WINE
LICENSE FOR ON--SITE SALES AT 13741 NEWPORT AVENUE
The Planning Commission of the City of Tustin does hereby resolve as
follows-
I. The Planning Commission finds and determines as follows'
A. That a proper application (Use Permit 87-4) has been filed by
Mr. D.~rson Jac:~son on behalf of Spoon's Restaurant requesting
authorization i,,~:- an ABC license (type 47) to sell beer, wine
and distilled spirits for on-site consumption at 13741 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 health, safet.v., morals, comfort, or general
welfare of the persons residing ~r working in the neighborhood
of such proposed use, evidenced by the following findings:
·
The sale of beer, wine and distilled spirits is on-site
consumption only.
·
That sale of beer, wine and distilled spirits is limited to
hours of operation between 11-00 a.m. and 1'00 a.m. and
only when food concurrently sold.
·
The closest school is 800 feet across a major arterial,
therefore, proposed facility is not considered to have
adverse impact on high school students.
4. The use applied for is ~n conformance with the Tustin
General Plan.
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The use applied for is an allowed use in the C-1 Retail
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 Tustin, and
should be granted.
Proposed development shall be '~n accordance with the development
policies adopted by the City Council, Uniform Building Codes as
a~ministered by the Building Official, Fire Code as administered
by the Orange County Fi re Marshall, and street improvement
requirements a£ administered by the City Engineer.
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Resolution No. 2391
page two
F. That this project is categorically exempt from the requirements
of the California Environmental Quality Act, Class I.
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Final development plans shall require the review and approval of
the Community, Development Department.
II. The Planning Commission hereby approves Conditional Use Permit No.
87-4 to authorize the issuance of an on-site beer, wine and distilled
spirits license at 13741 Newport Avenue subject to the following
conditions:
A. All alcoholic beverages shall be consumed on-site.
B ·
Alcoholic beverages shall be sold during the I~ours of 11'00
a.m. and 1'00 a.m. and only when food is concurrently sold.
C. Authorization for an on-site beer, wine and distilled spirits
license is contingent upon the use remaining as a restaurant.
At such tiu~e that the restaurant use is discontinued,
authorization for the license will be null ,;i ,d void.
D.
All persons selling or serving only alcoholic beverages shall be
twenty-one years of age or older.
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.
F ·
The applicant shall complete and return an "Agreement to
Conditions Imposed" form as required by the Director of
Community Development.
PAS~, D, dayAND of ADOPTED on the 9th day of March, 1987.
~O~N'A~ORI~,- R6coffdi ng Secretary
CHARLES E. PUCKETT, Chairman
.rOR.tiA)
STATE OF C,tLTM ~
COUNTY OF ORANGF. )
CITh' OF TUST;N )
DONNA ORR, ~he undersigned, hereby cer-.if:' that Z am the ,Recording
Secret~ry of :,he ?1anning Commission cf :he Ci~ of Tu_:in,
regt:lar_me~eting ($f 'the Tus~in .mlannino Commission held on the
Recor~i ng Secretary