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HomeMy WebLinkAboutPC RES 3610RESOLUTION NO. 3610 "4 "6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN AUTHORIZING THE ESTABLISHMENT OF OUTDOOR SEATING IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 640-C WEST FIRST STREET. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: Ao That a proper application, Conditional Use Permit 98-019, was filed by Josephine Pina Gruner, to authorize the establishment of outdoor seating located in an existing restaurant at 640-C West First Street. Bo That a public hearing was duly called, noticed and held on said application on August 24, 1998 by the Planning Commission. C, That the proposed uses are allowed in Commercial zoning districts with a Conditional Use Permit pursuant to Planning Commission Resolution No. 2490. D. That the subject property is located within the First Street Specific Plan. E, That 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, evidenced by the following findings: 1) The proposed use, as conditioned, will not be detrimental to the health, safety, morals, comfort and general welfare of persons residing or working in the neighborhood in that the location of the proposed outdoor seating area is separated from neighboring residential areas by the existing restaurant structure, will close at a reasonable hour, and is consistent and compatible with other retail uses and outdoor seating areas located in the center. 2) The proposed use, as conditioned, will not be detrimental to nor have a negative effect on surrounding p'roperty owners in that through the use of shared parking, parking demand can be accommodated on-site. There are additional opportunities for on- street parking in the vicinity that can accommodate any fluctuation in parking demand that may occur from time to time. F. That the establishment, maintenance, and operation of the use applied for will not be injurious.or detrimental to the property and improvements in the · l0 24 Resolution No. 3610 Page 2 neighborhood of the subject property, nor to the general welfare of the City of Tustin for the reasons stated above. Go This project has been determined to be Categorically Exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. Ho 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. II. The Planning Commission hereby approves Conditional Use Permit 98-019 to authorize the establishment of outdoor seating at an existing restaurant located at 640-C West First Street, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a 'regular meeting on the 24th day of August, 1998. Plahning Commission Secretary Chairperson STATE OF CALIFORNIA ) COUNTYOF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3610 as duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of August, 1998. Planning Commission Secretary EXHIBIT A RESOLUTION NO. 3610 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 98-019 GENERAL (1) 1.1. (1) 1.2 (1) 1.4 The proposed project shall substantially conform 'with the submitted plans for the project date stamped August 24, 1998 on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with pdor to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Approval of Conditional Use Permit 98-019 is contingent upon the applicant signing and retuming an "Agreement to Conditions Imposed" form as established by the Director of Community Development. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge to. the City's approval of this project. (2) (3) (4) SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODEIS DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY I · Exhibit A - Resolution No. 3610 Conditions of Approval CUP 98-019 Page 2 USE RESTRICTIONS (1) 2.1 Authorization for outdoor seating is contingent upon the use of the subject site remaining a restaurant or other eating establishment. As such time that a restaurant use is discontinued, the use permit becomes null and void and the property owner and tenant are responsible for removing all improvements related to the outdoor seating area. 2.2 No more than 12 seats shall be located in the outdoor seating area with a maximum of 35 seats for the aggregate total of indoor and outdoor restaurant seats. '(1) 2'.3 Consumption of alcoholic beverages in the outdoor seating area is prohibited unless it is demonstrated that the outdoor seating area complies with Department of Alcoholic Beverage Control access and visibility standards. Any physical improvements such as walls, railings or structures proposed to accommodate the sale of alcoholic beverages on the patio shall be subject to approval by the Community Development Department. (1) 2.4 The outdoor seating area shall be cleaned on a continual, daily basis for removal of litter, food items, and other debris which constitute a public nuisance. (5) 2.5 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. (1) 2.6 Accessible paths of travel shall be provided throughout the tenant spaces, including pedestrian sidewalks, ramps, doors, and door landings. (1) 2.7 Design of chairs, tables and planters shall be reviewed by the Community Development Department. PARKING (1) 3.1 If, at any time in the future, it is determined that there is a parking or traffic problem within the center, the Community Development Department or Public Works Department may require the property owner to prepare a traffic study, at no expense to the City. If said study indicates that there is inadequate parking or a traffic problem, the property owner shall be · required to provide additional mitigation measures, including but not limited to adding additional parking spaces or reducing the seating count, to' eliminate any parking or traffic impacts. Exhibit A - Resolution No. 3610 Conditions of Approval CUP 98-019 Page 3 FEES (1) 4.1 (1) 4.2 Prior to the issuance of any building permits, payment shall be made of all applicable building plan check and permit fees and sign design review fees to the Community Development Department. Within 48 hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a CASHIERS CHECK payable to the COUNTY CLERK, in the amount of thirty-eight dollars ($38.00) to enable the City to file with the County Clerk, the appropriate environmental documentation pursuant to the California Environmental Quality Act. If within such 48 hours period, the applicant has not delivered to the Community Development Department the above noted check, the approval for the project granted herein shall be considered automatically null and void.