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HomeMy WebLinkAboutZA 94-008/CUP 94-017 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2 3 4. No billiard tables, coin operated games, dancing or entertainment is proposed on the gift store premises. 4 5 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. 6 7 8 E. That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to section 15303 (Class 3). 9 10 F. That this project has been found to be in conformance with the General Plan. 11 12 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. 13 14 15 PASSED AND ADOPTED at a regular meeting of the Tustin Zoning Administrator held on the 6th day of September, 1994. 16 18 ~--~ BARBARA REY S Secretary CHRISTINE A. Zoning Admini 17 19 20 21 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 22 23 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. ~~ BARBARA REY Recording Secretary 24 25 26 27 28 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 ------------------------------------------------------------- (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.