HomeMy WebLinkAboutZA 98-002/CUP 98-006
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ZONING ADMINISTRATOR ACTION 98-002
CONDITIONAL USE PERMIT 98-006
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The Zoning Administrator of the City of Tustin does hereby resolve
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The Zoning Administrator finds and determines as follows:
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That a proper application for Conditional Use Permit 98-
006, was filed by Al Phillips, requesting authorization
to obtain a license for the on-site and off-site sales
and consumption of beer and wine (ABC License Type "41")
in conjunction with an existing restaurant located at
13662 #B Newport Avenue, Tustin.
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That the proposed use is allowed within the Planned
Community Commercial (PC-C) Zoning District, with the
approval of a Conditional Use Permit.
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That a public hearing was duly called, noticed and held
on said application on April 6, 1998 by the Zoning
Administrator.
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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, as conditioned, complies with
adopted Planning Commission guidelines for
alcoholic beverage sales establishments which have
been established and considered to mitigate
potential impacts associated with the sale of
alcohol in conjunction with restaurants.
2 .
As conditioned, the sale of beer and wine would be
limited to on-site consumption only, inside the
restaurant. The site is less than 300' from
residentially zoned properties, therefore,
prohibiting the sale of alcohol for off-site
consumption.
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The sale of alcohol would only be authorized in
conjunction with a restaurant use. Sales of beer
and wine will be permitted only when food is
available. Food provided will be prepared on the
premises.
1 Zoning Administrator Action 98-002
Page 2
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II .
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4.
No billiard tables,
entertainment are
premises.
coin operated games, dancing or
proposed on the restaurant
5. All persons serving beer and wine will be eighteen
(18) years of age or older and supervised by
someone twenty-one (21) years of age or older. The
supervisor will be present in the same area as
point of sale.
That this project is Categorically Exempt from the
requirements of the California Environmental Quality Act,
pursuant to Section 15301 (Class 1) .
That the project has been reviewed for consistency with
the Air Quality Sub-element of the City of Tustin General
Plan and has been determined to be consistent with the
Air Quality Sub-element.
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The Zoning Administrator hereby approves Conditional Use
Permit No. 98-006 authorizing the on-site sale and consumption
of beer and wine (ABC License Type "41") in conjunction with
an existing restaurant located at 13662 #B Newport Avenue,
subject to the conditions contained within Exhibit A, attached
hereto.
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PASSED AND ADOPTED by the Zoning Administrator of the City of
Tustin at a regular meeting held on the 6th day of April, 1998.
a~h-d~~
ELIZABETH A. BINSACK
Zoning Administrator
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22 STATE OF CALIFORNIA
COUNTY OF ORANGE
23 CITY OF TUSTIN
24 I, KATHY MARTIN, the undersigned, hereby certify that I am the
Recording Secretary of the Zoning Administrator of the City of
25 Tustin, California; that Zoning Administrator Action No. 98-002
passed and adopted at a regular meeting of the Tustin Zoning
26 Administrator, held on the 6th day of April, 1998.
27 ~~ Y::t1IL /
KATHY;I\1ARTIN
28 Recording Secretary