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Home My WebLink AboutPC RES 2378Community Development Department March 24, 2011 Kevin I Song 2512 Walnut Avenue #1 Tustin, CA 92780 G ~_ U HIS70RY BUILDING OUR FUTURE HONORING OUR PAST RE: CONDITIONAL USE PERMIT 86-37 -AMENDMENT TO CONDITIONS Dear Mr. Song: Thank you for your letter, received on March 21, 2011, requesting that the approved hours of operation for the Myung dong Kal guk su restaurant located at 2512 Walnut Avenue #1 be extended to 10:00 p.m. weekdays and to 12:00 a.m. on Friday and Saturday. This project was originally approved as Conditional Use Permit (CUP) 86-37 by Planning Commission (PC) Resolution No. 2378. Pursuant to Condition II.F. of PC Resolution No. 2378, the sale of alcoholic beverages is limited to the hours of 11:00 a.m. to 9:00 p.m. daily. These hours may be extended with the approval of the Community Development Director. After reviewing your request, I am hereby administratively approving a modification to Condition II.F. of PC Resolution No. 2378 to allow for the sale of alcoholic beverages to be extended until 10:00 p.m. on weekdays and 12:00 a.m. on Friday and Saturday. As the new business owner you. will need to sign and notarize an Agreement to the Conditions of Approval form to operate in compliance with CUP 86-37 (see attached). Should you have any questions or concerns, please do not hesitate to contact Ryan Swiontek, Associate Planner, at (714) 573-3123 or via electronic mail at rswiontek C~ tustinca. org. Sincerely, G%~ Elizabeth A. Binsack Community Development Director Attachment: Resolution No. 2378 Agreement to Conditions of Approval Form Cc: Lt. Strain 300 Centennial Way, Tustin, CA 92780 • P: (714) 573-3100 • F: (714) 573-31 13 • www.tustinca.org TUSTIN AGREEMENT TO CONDITIONS IMPOSED I, the undersigned hereby agree to comply with all conditions imposed by the Community Development Department and/or Planning Commission of the City of Tustin on approval of Conditional Use Permit 86-37 with conditions as stated in Exhibit A of Resolution No. 2378, as amended by the letter dated March 24, 2011. r ~- ~ ~,; ~ - ~ ~ ~'~,~ ~ z z5's3~ Kevin I So , ~, Busin~ss CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUN'T'Y OF ~~~,~° ) On ~'~_j~ before me, Fr;~a ~'n b~ , DATE INSERT NAME, TITLE OF OFFICER - E.G.., "JANE DOE, NOTARY PUBLIC personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose names} is/are subscribed to the within instrument and acknowledged to me that he/she/thEy executed the same in his/hgr/their authorized capacity(i~s), and that by his/herftheir signature(} on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instalment. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. i ~ t . {.JFFk ~~ '~" ~~+~a Rases COMM. # 1887514 `° o NOTARY PUBLIC -CALIFORNIA COMM, EXP RFS APRIL 277 014 ~ (SEAL) ' " a NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT RF,QiJIIt®BY LAW BUT MAY BE BBNf?FICIAL TO PERSONS RELYING ON THIS N01'ARTZID DOCII1.fENT_ TTI'LE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNERS(S) OTHER THAN NAMED ABOVE SIGNER'S NAME SIGNER'S NAME RIGHT THUMBPRINT RIGHT THUMBPRINT To order supplies, please contact McGlone Insurance Services, Inc. at {916) 484 0804. 1 3 4 5 6 7 8 9 10 11 13 14 17 18 19 21 23 25 28 RESOLUTION NO. 2378 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN AUTHORIZING USE PERMIT NO. 86-37 TO ALLOW THE ON-SITE SALES OF BEER AND WINE IN CONJUNCTION WITH A RESTAURANT USE AT 2512 WALNUT AVENUE, UNIT 1. The Planning Commission of the City of Tustin does hereby resolve as fol 1 ows: I. The Planning Con,,,~ission finds and determines as fcilows: A. A proper application (Use Permit 86-37) has been filed by Mr. Jame Au Yeung on behalf of Al's Palace requesting authorization for on-site sales of beer and wine at 2512 Walnut Avenue, Unit 1. B. A public hearing was duly called, noticed and held on said application. Ce 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 other persons residing or working in the neighborhood of such proposed use, evidenced by the following findings: 1. The sale of beer and wine is for on-site consumption only. 0 No schools are located in the immediate area, therefore the use should not have any detrimental effect on children. (Closest school is approximately 4400 feet away.) 3. The use applied for is in conformance with the Tustin General Plan. 4. The project is located in the PC-Commercial zone. . The use applied for is an allowed use in the PC-Commercial zone. D. 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. 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 Marshal, and street improvement requirements as administered by the City Engineer. F. This project is categorically exempt from the requirements of the California Environmental Quality Act, Class 21. o! , 1 3 4 6 7 8 9 10 11 13 14 15 16 17 18 19 ~0 21 22 24 25 26 27 28 Resolution No. 2378 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. 86-37 to authorize the issuance of a beer and wine sales license in conjunction with a restaurant use at 2512 Walnut Avenue, Unit 1, subject to the following conditions: A. The authorization for an on-site beer and wine sales license is contingent upon the subject location (Unit 1) remaining a restaurant. At such time that the restaurant use is discontinued, any previous authorization for the beer and wine sales license shall become null and void. Be A menu will be maintained which consists primarily of foods that are prepared on the premises. C. No alcoholic beverages may be sold for consumption off the premises. D. No bar seating shall be allowed. E. The sale of alcoholic beverages shall be limited to the hours of 11'00 a.m. to 9'00 p.m. and is further restricted to a maximum of one hour after the kitchen is closed. These hours may be extended with the approval of Community Development Director. F. The applicant complete an "Agreement to Conditions Imposed" form prior to installation of beer and wine sales. PASSED AND ADOPTED at a regula meeting of the Tustin Planning C~mmission, held on the 22nd day of December, 1986 CHARLES E. PUCKETT, Chairman LCP'jd STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, DONNA ORR, the undersigned, hereby certify that I am the Recording Secretary of :he Planning Commission of the City of Tustin, California; that Resolution No ~L~ was duly passed and adopted at a regular meeting of the Tusti~ Pla'n~Fing Commission, held on the .$ZJ)- day of ~)Y~~4 ~.____, 19 Mm_. Recording Secretary 111A1~13cl sn - t o ,-,-' , I I I I I . 'I , !