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HomeMy WebLinkAboutPC RES 2388 1 2 3 4 5 6 t 8 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTIO? NO. 2388 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING A BEER AND WINE LICEi4SE FOR ON-SITE SALES AT 14430 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. Tha a proper a .~lication (Use Permit 87-1) has been filed by Mr. Candivi and iqr. Fogli requesting authorization for an ABC license (type 41) to sell beer and wine for on-site consumption at 14430 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, 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 and wine is on-site consumption only. 2. That sale of beer and wine is limited to hours of operation between 10'00 a.m. and 10'00 p.m. and only when food concurrently sold. e The closest school is over three-quarters of a mile away, therfore, scY. ool children are not affected. 4. The use applied for is in conformance with the Tustin General Plan. 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 tb -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 · 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 Fire Marshall, 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 10 11 12 13 14 17 18 21 22 23 _.4 25 27 Resolution No. 2388 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. 87-1 to aut!~orize the issuance of an on-site beer and wi ne license at 14430 Newport Avenue subject to the following conditions' A. All alcoholilC beverages shall be consumed on--site. B . Alcoholic beverages shall be sold during the hours of 11'00 a.m. and 11'00 p.m. and only when food is concurrently sold. C. The restaurant menu shall consist primarily of foods that are prepared on-site. D. No "bar" type seating is authorized at this location. E. 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 beer and wi ne license will be null and void. F. All persons selling or serving alcoholic beverages shall be eighteen years of age or older and shall be supervised by someone twenty-one years of age or older while the restaurant remains open. G. The applicant shall complete and return an "Agreement to Conditions Imposed" form as required by the Director of Community Development. PyEDday AND of ADO~ g Commission of the City of Tustin on this' ~)Ol~N~O R-R, _R_e co r~a ry , 1987.. ARLES E. P C , Chairman LCP 'pef 9th day of February, 1987. STATE OF CA_iF:$2:tIA) C.S",t~"Y OF ORANGE CITY OF TUSTiN I, DONNA ORR, the undersigned, hereby certify that Z am the ,Recording Sec:-etary of the Planning Commis,~on of~the City of Tustin, California; that Resolution No. ~.'~was duly passed and adopted~t adayregUlof"l~.,.~ ~r'ar~ttI~' _.~' ,~~ 19ng of the Tustin ..~~.~;~nning Commission, held on the .~v/ DONNA ORR Recording Secretary