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HomeMy WebLinkAboutCC RES 87-060(A)· · i, o RESOLUTION NO. 87-60A · A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ~ REVERSING THE PLANNING COMMISSION DENIAL OF USE PERMIT 87-6 FOR OFF-SITE BEER AND WINE SALES IN CONJUNCTION z~ WITH A MINI-MARKET AND GAS STATION USE AT 14082 RED HILL AVENUE · The City Council of the City of Tustin does hereby resolve as follows- I. The City Council finds and determines as follows- A. That a proper application, Use Permit 87-6 has been filed' on 8 behalf of Exxon Corporation to request authorization for , off-site beer and wine sales in conjunction with a mini'market 9 and gas station use at 14082 Red Hill Avenue.- 10 B. That a public hearing by the Planning Commission was duly called on April 13, 1987, noticed and held on said application and the 11 appl i cati on was denied. 1~ C. That an appeal of the Planning Commission denial was filed by the applicant on April 20, 1987. o . D. That a public hearing by the City Council was duly called, held !~ and noticed on said appl i cati on. · i 15 E. That establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be ~0 detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood 17 of such proposed use, evidenced by the following findings' 18 1. That the use applied for is in conformance with the Tustin ~ General P1 an. 19 2. The project is located in the C-1 Retail Commercial Zone. 20 3. The applicant' has .agreed to install a retail use in 21 con. junction wi th a gas station use t n addition to providing a complete renovation of the site to bring the property 22 into conformance with the Service Station Guidelines. 22 4. The applicant has provided an irrevocable offer of dedication of ten (10) feet along Red Hill Avenue. 2~ 5. Applicant has agreed to implement strict guidelines which .are designed to discourage improper or excessi ye 25 consumption of alcoholic beverages. · 2~ .... F. That the establishment, maintenance, and operation of the use 27 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 28 granted. · :;,~.'~m~-'..~:i~.~Zi,~: .... ,-.'~,..,:;~;,r~gS~' ~,- '~.~ .,-,~ ........ ...- .... ~" .~ '."...-~ [~'~'-~".-' .... .~ .... ~ .... . ..... :* ~.,.~¢~ '~ ,., ':'., ~.~`:.~2~.~::~:!.``.:~.:.~.:~.~.~i~;`~`.:~.~`~...:.¢~.`~i~..!.~:~.y:~.~.;~`...~;::¢.~'.¢ :.:.x'5'~:.'..'-:.;¢~.¥::"-¢:.. 8 10 1] 12 15 10 18 19 2O 21 22 23 25 27 Reso 1 u tton No. Page two 87-60A Ii. Ge Proposed development shall be tn accordance wi th the development poltcies adopted by the City Council, Uniform Building Codes as admi ntstered by the Bui ldi ng Off1 cta 1, Fi re Code as admi n1 stered by the Orange County Fire Marshal and street improvement requirements as administered by the Ct ty Engineer. . He The project Is catagortcally exempt from the requirements of the Ca 11lorn1 a Environmental Quall ty Act. The City Council hereby approves conditional Use Permit No. 87-6 reversing the Planning Commission denial of authorization for off-site beer and wine sales at 14082 Red Hill Avenue subject to the fo11 owt ng condi ti on s' Re Authorization for off-stte contingent upon the use at statton and mini-market. discontinued, author1 zatt on votd. sales of beer and ~ine/11quor ts the subject st te remaining as a gas Should this use change or be for thts use permit ts null an~l Be All persons se111ng 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. The supervisor shall be in the same area as the point of sale. C e Hours of operation are 11mtted to the hours of 6-00 a.m. a.m. to 2'00 De Two (2) "No Loitering" stgns shall the busfness. be posted at the entrance of E e No pool tables or coin operated games are allowed .at this location. F® Signs posted at the subject property shall be in wi th the approved sign plan and the Tustin Sign Code. conformance Gl No alcoholic adjacent to appl I cant. beverages shall be consumed on any property the licensed premtses under the control of the H · Refrigerated single-serving beverage containers shall in an enclosed refrigeration unit no less than ten from the point of sale. be located (10) feet 4 10 11 12 14 15 16 17 18 19 2O 21 22 25 26 27 Resolution No. 87-60A Page three 1. The. applicant shall sign and return an "Agreement to Conditions Imposed" form as required by the Director of Community Devel opmen t ' PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 1st day of June, 1987. Mary E., e~nn ~" City Cl STATE OF CALIFORNIA ) COUNTY OF ORANGE ) § CITY OF TUSTIN ' ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 87-60A was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 1St clay of dune, 1987, by the fol 1 owl ng vote' AYES · NOES · · ABSENT COUNCILPERSONS- COUNCILPERSONS' COUNC I LPERSONS · Edgar, Kelly, Prescott Hoesterey, Kennedy None ~ ~~ ~ ~) ~ ~ m MAR Y -E. WY~N$~ ~-~-C-itY C1T~rk ...... City of Tu~;in, Calif6rnia