HomeMy WebLinkAboutZA 94-008/CUP 94-017
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I.
ZONING ADMINISTRATOR ACTION NO. 94-008
CONDITIONAL USE PERMIT 94-017
FINDINGS AND CONDITIONS OF APPROVAL
The Zoning Administrator finds and determines as follows:
A.
That a proper application, Conditional Use Permit
94-017, has been filed by Mr. Jon Safer requesting
authorization to obtain a license for off-site
sales of beer and wine (ABC License Type "20") in
conjunction with a gift store located at 17300
Seventeenth Street, suite M, Tustin.
B.
That a public hearing was duly called, noticed and
held for said application on September 6, 1994 by
the Zoning Administrator.
C.
That the subject premises is located in the Planned
Community-Commercial (PC-COMM) Zoning District.
Pursuant to the provisions of the Tustin city Code
section 9232b(p), a Conditional Use Permit is
required for off-site alcoholic beverage sales
establishments within the Commercial Zoning
Districts.
D.
That the 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 nor be a
detriment to the property and improvements in the
neighborhood of the subject property, nor to the
general welfare of the City of Tustin as evidenced
by the following findings:
1.
The proposed project would substantially
comply with adopted guidelines for alcoholic
beverage sales establishments which have been
established and considered to mitigate
potential impacts associated with the sale of
alcohol.
2 .
The sale of beer and wine would be for off-
site consumption only.
3 .
The sale of alcohol would only be authorized
in conjunction with a gift store use. Hours
of sales of beer and wine will be limited to
9:00 a.m. to 10:00 p.m. on Monday through
Sunday.
Zoning Administrator Action 94-008
Conditional Use Permit 94-017
1 Page 2
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4.
No billiard tables, coin operated games,
dancing or entertainment is proposed on the
gift store premises.
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5.
All persons selling alcoholic beverages shall
be eighteen ( 18) years of age or older and
supervised by someone twenty-one (21) years of
age or older. The supervisor shall be present
in the same area as point of sale.
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E.
That this project is Categorically Exempt from the
requirements of the California Environmental
Quality Act, pursuant to section 15303 (Class 3).
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F.
That this project has been found to be in
conformance with the General Plan.
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II. The Zoning Administrator hereby approves Conditional Use
Permit 94-017 authorizing the off-site sale of beer and
wine (ABC License Type "20") in conjunction with a gift
store use located at 17300 Seventeenth Street, Suite M,
subj ect to the condi tions contained wi thin Exhibi t A
attached hereto.
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PASSED AND ADOPTED at a regular meeting of the Tustin Zoning
Administrator held on the 6th day of September, 1994.
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BARBARA REY S
Secretary
CHRISTINE A.
Zoning Admini
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
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I, BARBARA REYES, the undersigned, hereby certify that I am
the Recording Secretary of the Zoning Administrator of the
City of Tustin, California and that Zoning Administrator
Action No. 94-008 was duly passed and adopted at a regular
meeting of the Tustin Zoning Administrator, held on the 6th
day of September, 1994.
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BARBARA REY
Recording Secretary
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EXHIBIT A
ZONING ADMINISTRATOR ACTION 94-008
CONDITIONAL USE PERMIT 94-017
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans date stamped September 6, 1994, on file
wi th the Communi ty Development Department, as herein
modified, or as modified by the Director of Community
Development Department in accordance with this Exhibit.
(1) 1.2 Conditional Use Permit approval shall become null and
void unless an Alcoholic Beverage Control License Type
"20" is obtained from ABC and the sale of beer and wine
commences within twelve (12) months of the date of this
exhibit. Time extensions may be granted by the Planning
Commission if a written request is received by the
Community Development Department within thirty (30) days
prior to expiration.
(1) 1.3 Approval of Use Permit 94-017 is contingent upon the
applicant signing and returning an "Agreement to
Conditions Imposed" form as established by the Director
of Community Development.
(1) 1.4 Conditional Use Permit 94-017 authorizes ABC License Type
"20" for the off-site sale of beer and wine.
(1) 1.5 The applicant shall hold harmless and defend the City of
Tustin from all claims and liabilities arising out of the
Ci ty , s approval of the enti tlement process for this
project.
USE RESTRICTIONS
(3) 2.1 No on-site consumption of alcohol for any type of ABC
license is authorized. All alcoholic beverages shall be
consumed off-site.
SOURCE CODES
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(1)
(2 )
(3)
(4)
STANDARD CONDITION
(5) RESPONSIBLE AGENCY
REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
*** EXCEPTION
CEQA MITIGATION
UNIFORM BUILDING CODE/S
DESIGN REVIEW
Exhibit A
Zoning Administrator Action 94-008
Conditional Use Permit 94-017
Conditions of Approval
Page 2
(2) 2.2 Hours of sales of beer and wine shall be limited to the
hours when other gift items are offered for sale and
shall not extend beyond 9:00 a.m. to 10:00 p.m. on Monday
through Sunday. Any extension of these hours shall
require approval of an Amendment to this Conditional Use
Permit by the Zoning Administrator.
(2) 2.3 The floor area devoted to the sales, display and storage
of alcoholic beverages or items containing alcoholic
beverages shall be limited to no more than ten (10)
percent of the total gross floor area of the subject
tenant space.
(2) 2.4 Authorization for the off-site sales of beer and wine
(ABC License Type "20") is contingent upon the use of the
subject site remaining as a gift store. Should this use
change or be discontinued, authorization for this use
permit is null and void. Alcoholic beverages shall be
offered for sale in conjunction with the sale of other
gift items.
(2) 2.5 There shall be no pool tables or coin operated games on
the premises at any time.
(2) 2.6 All persons selling alcoholic beverages shall be 18 years
of age or older and shall be supervised by someone 21
years of age or older. A supervisor shall be present in
same area as point of sale. '
(2) 2.7 Signs posted on the windows to advertise items shall be
limited to cover no more than 25% of the window area.
(4) 2.8 All building locking devices added to the premises shall
meet those requirements as set forth in the Building
Security Code.
(4) 2.9' Applicant shall obtain all necessary permits from the
Building Department prior to construction of any
improvements that require a permit pursuant to the
Uniform Building 'Code and Tustin Municipal Code.
(5) 2.10 Any Health Code or other violations, as determined by the
County of Orange Health Care Agency, may be grounds for
revocation of this Conditional Use Permit.
(5) 2.11 The subject property shall be maintained in a safe, clean
and sanitary condition at all times.
Exhibit A
Zoning Administrator Action 94-008
Conditional Use Permit 94-017
Conditions of Approval
Page 3
(5) 2.12 Opaque materials and signage shall not cover more than 25
percent of the aggregate area of all windows and doors of
the gift store.
(5) 2.13 All signs, including any change of copy, require review
and approval by the Communi ty Development Department
prior to installation.
FEES
(1) 3.1 Prior to the issuance of any building or sign permits,
payment shall be made of all applicable building plan
check and permit fees to the Community Development
Department.
(1) 3.2 Within forty-eight (48) hours of approval of the subject
project, the applicant shall deliver to the Community
Development Department, a cashier's check payable to the
County Clerk, in the amount of $25.00 (twenty five
dollars) to enable the City to file with the County
Clerk, the appropriate environmental documentation
pursuant to the California Environmental Quality Act. If
within such forty-eight (48) hours period, the applicant
has not delivered to the Communi ty Development Department
the above noted check, the approval for the project
granted herein shall be considered automatically null and
void.
In addition, should the Department of Fish and Game
reject the Certificate of Fee Exemption filed with the
Notice of Determination and require payment of fees, the
applicant shall delver to the Community Development
Department within forty-eight (48) hours of notification,
a cashier's check payable to the County Clerk in the
amount of eight hundred fifty dollars ($850) if an EIR
was prepared or twelve hundred fifty dollars ($1,250) if
a Negative Declaration was prepared. If this fee is
imposed, the subject project shall not be operative,
vested or final unless and until the fee is paid.