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HomeMy WebLinkAboutZA Action 09-013ZONING ADMINISTRATOR ACTION 09-013 CONDITIONAL USE PERMIT 09-018 552 EAST FIRST STREET The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 09-018 was filed by Keith Glassman of Glassman Planning Associates, Inc., on behalf of Starbucks, requesting authorization of an outdoor seating area at an existing Starbucks Coffee store at 552 East First Street. B. That the proposed land use is consistent with the Tustin City Code and General Plan. The site is zoned First Street Specific Plan (FSSP), Commercial as Primary. Outdoor seating areas are conditionally permitted in commercial areas. The land use is designated by the General Plan as Planned Community Commercial/Business, which allows for a mix of commercial and office uses. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That pursuant to Tustin City Code (TCC) Section 9299b(3)(e), the Zoning Administrator is authorized to consider requests for minor conditional use permits for existing development where there would be no change of occupancy or primary use, no expansion of floor area, and the request does not alter the original intent of the projectlsite. The proposed project meets all criteria to merit Zoning Administrator review of Conditional Use Permit 09-018. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 09-018 on December 14, 2009, by the Zoning Administrator. E. That the establishment, maintenance, and operation of the proposed use 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 injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1) Outdoor seating areas are permitted in commercial districts subject to approval of a conditional use permit. 2) The additional three (3) required parking space generated by the increase of eight (8) seats can be accommodated by existing 142 surplus parking spaces on-site; 3) As conditioned, the outdoor seating area shall contain trash receptacles and cleaned on a continual, daily basis; Zoning Administrator Action 09-013 CUP 09-018 December 14, 2009 Page 2 4) The proposed hours of operation are compatible with other commercial uses within Larwin Square and the First Street Specific Plan area; 5) The project site location meets the distance separation from certain uses identified in the outdoor seating guidelines; 6) There are no exterior or structural modifications proposed to accommodate the outdoor seating area, with the exception of the addition of outdoor furniture. F. This project is Categorically Exempt pursuant to Section 15301 (Class 1 - Existing Facilities) of Title 14, Chapter 3 of the Guidelines for the Califomia Environmental Quality Act. II. The Zoning Administrator hereby approves Conditional Use Permit 09-018 granting authorization of an outdoor seating area at an existing Starbucks Coffee store at 552 East First Street, subject to conditions attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 14th day of December, 2009. DANA L. OGDON ACTING ZONING ADMINISTRATOR d~4,~.vY ELOISE HA S RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, Califomia; that Zoning Administrator Action No. 09-013 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 14"' day of December, 2009. Q~~~ ELOISE RRIS RECORDING SECRETARY EXHIBIT A -ZONING ADMINISTRATOR ACTION 09-013 CONDITIONAL USE PERMIT 09-018 552 E FIRST STREET CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 14, 2009, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 09-018 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.6 Conditional Use Permit 09-018 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 09-018, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighbofiood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODES (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Exhibit A ZA Action 09-013 CUP 09-018 Page 2 (1) 1.7 As a condition of approval of Conditional Use Permit 09-018, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE RESTRICTIONS (1) 2.1 Operations of the outdoor seating use shall comply with the City of Tustin Noise Ordinance (Tustin City Code Section 4611 et seq.). *** 2.2 No alcoholic beverages shall be served. (1) 2.3 All outdoor dining or seating areas shall contain trash receptacles for use by the public or employees. (1) 2.4 All outdoor dining or seating areas shall be cleaned on a continual daily basis for removal of litter and food items which constitute a public nuisance (1) 2.5 All signs and advertisement materials placed in an outdoor dining or seating area shall be in conformance with the Sign Code as well as the Larwin Square Sign Program. *** 2.6 The restaurant shall be limited to a maximum of thirty-four (34) total seats (interior and exterior). Any request to modify the maximum number of seats may be approved by the Community Development Director if it is determined that sufficient parking is provided on-site and no impact to the surrounding tenants or properties will occur. *** 2.7 In order to accommodate the parking required by the increase of eight (8) seats, the Starbucks Coffee store shall be assigned three (3) of the surplus parking spaces in the Larwin Square Shopping Center. (1) 2.8 If, at any time in the future, the City is made aware and concurs that a parking problem exists at the subject site as a result of insufficient on-site parking availability, the Community Development and Public Works Exhibit A ZA Action 09-013 CUP 09-018 Page 3 Departments may require the property owner to submit a parking demand analysis prepared by a Califomia licensed traffic engineer and/or a civil engineer experienced in preparation of these documents, at no expense to the City within the time schedule stipulated by the City. If said study indicates that there is inadequate parking, the applicant may be required to reduce the demand for parking. FEES (1, 5) 3.1 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 fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the Califomia Environmental Quality Act could be significantly lengthened.