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HomeMy WebLinkAboutPC RES 3570I RESOLUTION NO. 3570 18 20 25 26 27 28 29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 97-013 AUTHORIZING AN OUTDOOR SEATING AREA IN CONJUNCTION WITH THE RESTAURANT LOCATED AT 13011 NEWPORT AVENUE, SUITE #100. The Planning Commission finds and determines as follows:' Ao That a proper application, Conditional Use Permit 97-013, has been filed by Jason Jeralds requesting authorization to establish an outdoor seating area in conjunction with the restaurant located at 13011 Newport Avenue, Suite #100, establish live entertainment, and modify hours of operation. Bo A public hearing was duly noticed, called and held for said application on January 12, 1998, by the Planning Commission. C. 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 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 as evidenced by the following: 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 property owners in-that no additional parking is required because existing indoor seating will be relocated to the' outdoor seating area so that the total number of restaurant seats does not exceed 143. Do This project has been determined to be a minor alteration to an existing facility and is, therefore, Categorically Exempt (Class 1) pursuant to Section 1501 of the California Environmental Quality Act. 20 21 22 23 24 25 26 27 28 29 Resolution No. 3570 Page 2 II. The Planning Commission hereby approves Conditional Use Permit 97-013 authorizing an outdoor seating area in conjunction with the restaurant located'at 13011 Newport Avenue and a modification in hours of operation, subject to all conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, on the 12th day of January, 1998. H6W,~(I~ A.~TZMAN Chairman · Planning Commission Secretary held STATE OF CALIFORNIA ) COUNTY OF 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. 3570 was duly passed .and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of January, 1998. Planning Commission Secretary GENERAL 0) L3 (1) 1.4 (1) 1.5 (1) 1.6 EXHIBIT A CONDITIONAL USE PERMIT 97-013 CONDITIONS OF APPROVAL RESOLUTION NO. 3570 The proposed project shall substantially conform with the submitted plans for the project date stamped January 12, 1998, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance vdth this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval of the Community Development Department. The subject project approval shall become null and void unless permits for the proposed project are issued within eighteen (18) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Approval of Conditional Use Permit 97-013 is contingent upon the applicant and property owner 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 of the City's approval for this project. This Conditional Use Permit may be reviewed by the Director of Community Development within six (6) months after the date of this approval and at six (6) month intervals thereafter, or more frequently if SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BU]I,DING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6)LANDSCAPING GUIDEIiNES (7) PC/CC POLICY Exhibit A Conditions of Approval Resolution No. 3570 Page 2 necessary, to determine if the operations are conducted in accordance with this approval. If the Director of Community Development determines that the method of operation is inconsistent with any of the conditions of this approval or other applicable regulations, the applicant shall, within five (5) business days of the date of written notice from the City to do so, cease all violations. The Director of Community Development may also impose additional conditions or modifications to the existing conditions or facilities as part of such review to protect the public health, safety and general welfare. (1) 1.7 Any violation of any of the conditions imposed by this Resolution is subject to the imposition of' a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action. (1) 2.1 At building permit plan check, the applicant shall submit three (3) complete sets of architectural, electrical and mechanical plans with the necessary structural calculations, soils reports, specifications and details complying 'with the Uniform Building Code, other related Codes, City Ordinances and state and federal laws and regulations. The soils report, structural calculations and specifications shall be prepared by a California registered civil or structural engineer. The engineer's license number and license expiration date shall be indicated on the report. USE RESTRICTIONS 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. 3.2 Evidence that all necessary approvals from the State Department of Alcoholic Beverage Control have been obtained shall be provided to the Director of Community Development. Exhibit A Conditions of Approval Resolution No. 3 $70 Page 3 (1) 3.3 No more than 36 seats shall be located in the outdoor seating area with a maximum of 143 seats for the restaurant use. The number of seats located outdoors shall result in a corresponding reduction in the number of seats indoors at a one to one ratio. (1) 3.4 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. 3.5 Ail of the seating in the outdoor seating area must match in terms of style, materials, and color. Any additional tables and chairs which are relocated fi-om indoors to outdoors on a daily or seasonal basis must match the cast aluminum frame and fiberglass top garden sets that are proposed to be located within the outdoor seating area. No alterations to the approved materials and colors of the structural elements including fencing, seating or other elements that are visible to the public right-of-way shall be made without prior written approval from the Director of Community Development. (1) 3.6 The door from the restaurant to the outdoor seating area shall be kept dosed, except for normal ingress and egress, during business hours to minimize potential noise impacts to surrounding properties. 3.7 Live entertainment shall be located entirely within the interior of the restaurant during normal business hours. No live entertainment may be located in the outdoor seating area and no adult entertainment shall be offered anywhere on the premises. (1) 3.8 Hours of sales of beer, wine, and distilled spirits shall be limited to the hours when the food is available between the hours of 11:30 a.m. and 12:00 midnight, Monday through Friday, 9:00 a.m. and 2:00 a.m. on Saturday,/nd 9:00 a.m. and 12:00 midnight on Sunday. The outdoor seating area shall close at 12:00 a.m. (midnight) each day. No patron may sit, stand, congregate, or be served food or beverages in the outdoor seating area after 12:00 a.m. (midnight) daily. Menu items shall be available in th~ restaurant during business hours. Any extension of these hours shall require approval of an amendment of Conditional Use Permit 97-013 by the Zoning Administrator. (1) 3.9 The existing bench seat within the outdoor seating area shall be removed. Exhibit A Conditions of Approval Resolution No. 3570 Page 4 (1) 3.10 Accessible paths of travel shall be provided throughout the tenant spaces, including pedestrian sidewalks, ramps, doors, and door landings. NOISE 4.1 The operation of the outdoor seating area shall conform to the Tustin Noise Ordinance. (1) 4.2 Within thirty (30) days of the final inspection for the outdoor seating area, the Director of Community Development shall select a consultant to prepare a noise analysis to demonstrate that noise levels associated with the outdoor seating area and/or live entertainment do not exceed the maximum noise levels allowed by the Tustin Noise OrdNance. The applicant shall be responsible for all costs associated with preparation of the noise analysis. FEES 0) (5) 5.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. Building plan check and permit fees to the Community Development Department based on the most current schedule. Bo Orange County Fire Authority fees to the Community Development Department Co 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 $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that 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 California Environmental Quality Act could be significantly lengthened.