HomeMy WebLinkAboutCC 7 RES 86-41 04-21-86 · ~"'~ CONSENT
DATE APRIL 21, 1986
TO:
FROM:
S U BJ ECT:
WILLIAH A. HUSTON, CITY MANAGER
COllqUNZTY DEVELOPHENT DEPARTMENT
R£SOLUTION NO. 86-4I
RECQI~ENDED ACTION:
Approve Resolution No. 86-41 as adopted.
AIIALY$IS:
On March 17, 1986 the City Counctl upheld the Planntng Commission's denial of
Use Permtt 86-8 and directed staff to prepare a resolution of denial. Attached
to thts memorandom is a copy of the ftnal resolution.
LCP:pef
Attachment: Resolution No. 86-41
Director of Community Development
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RESOLUTION NO. 86-41
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, UPHOLDING THE PLANNING COMMISSION'S
DENIAL OF USE PERMIT 86-6 FOR AN OFF-SITE BEER
AND WINE SALES LICENSE AT 13842-A NEWPORT AVENUE
The City Council of the City of Tusttn does hereby resolve as follows:
The City Council finds and determines as follows:
Ae
That a proper application (Use Permit 86-6) has been filed by La
Mancha Development Company requesting authorization for an
off-site beer and wine sales license at 13842 Newport Avenue,
Suite A.
Be
That a public hearing was duly called, noticed and held by the
Planning Commission of the City of Tustin on February 24, 1986
on said application.
Ce
The Planning Commission denied Use Permit No. 86-6 by the
adoption of Resolution No. 2305 which denied the authorization
for an off-site beer and wine sales license at 13842-A Newport
Avenue based upon the following findings:
That the establishment, maintenance, and operation of the
use applied for will be injurious or detrimental to the
property and improvements in the neighborhood of the
subject property, and to the general welfare of the City of
Tustin as evidenced by compliance with the City's Zoning
and Oevelopment standards.
That an alcoholic beverage sales establishment is
inappropriate at this location due to its proximity to C.
C. Lambert Elementary School and Tustin High School (within
600');
e
That an alcoholic beverage sales establishment at this
location is inappropriate due to its proximity (less than
100') to residential properties because of increased noise,
light intensity and loitering caused by the proposed
applicant's use.
That on February 27, 1986 the applicant filed an appeal of the
Planning Commission denial of Use Permit 86-6 to the Tustin City
Council.
A public hearing before the City Council was duly called,
noticed, and heard on said appeal.
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Resolution No. 86-41
Page two
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The Ctty Council hereby upholds the Planning Commission dental of
Use Permft 86-6 based upon the findings:
That the establJshment, maintenance, and operation of the use
applied for wtll be Injurious or detrimental to the property and
~mprovements tn the neighborhood of the subject property, and to
the general welfare of the CJty of Tusttn as evidenced by
compliance wtth the Ctty's Zoning and Development standards.
Be
That an alcoholic beverage sales establishment fs tnapproprJate
at thts location due to its proximity to C. C. Lambert
Elementary School and Tusttn H~gh School (w~thin 600').
That an alcoholic beverage sales establishment at this loatton
~s Inappropriate due to ~ts proxtmJty (less than 100') to
residential properties because of Jncreased notse 11ght
Intensity and loitering caused by the proposed applicant's use.
PASSED AND ADOPTED at a regular meettng of the Tustln Ctty Council on the
day of 1986.
DONALD J. SALTARELLI, Mayor
MARY WYNN, City Clerk