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HomeMy WebLinkAboutPC RES 32831 RESOLUTION NO. 3283 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, CONDITIONALLY APPROVING A MODIFICATION TO CONDITION NO. 2j) OF PLANNING COMMISSION RESOLUTION NO.S 1409 AND 1634, TO REMOVE THE RESTRICTION OF THE AMOUNT OF RESTAURANT SEATING PERMITTED WITHIN ENDERLE CENTER, FOR CONDITIONAL USE PERMIT 94-010 AND USE PERMIT 74-9 FOR THE PROPERTY LOCATED AT 17240, 17260, 17300, 17320, 17350, 17390, 17420, 17440, '17460, & 17502 E. SEVENTEENTH STREET; 14081 YORBA STREET; AND 14032 ENDERLE CENTER DRIVE, TUSTIN, CALIFORNIA. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ae A proper application has been filed by Mr Craig Oka on behalf of EMS Development Company requesting modification of Condition No. 2j) of Planning Commission Resolution No.s 1409 and 1634 to remove the restriction of the amount of restaurant seating permitted within Enderle Center, for Conditional Use Permit 94-010 and Use Permit 74-9. Be A public hearing was duly noticed, called and held by the Planning Commission on June 27, 1994. Ce That establishment, maintenance and operation of the proposed modification 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 to the general welfare of the City of Tustin as evidenced by the following findings: le The required amount of parking for the tenant uses and restaurants will be determined by and monitored through the actual building square footage and restaurant seating, approved parking ratios, and method of calculating of total parking required. · That establishment, maintenance and operation of the proposed modification 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 to the general welfare of the City of Tustin in that the required amount of parking is provide on-site. 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 Resolution No. 3283 Page 2 · That establishment, maintenance and operation of the proposed modification 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 to the general welfare of the City of Tustin in that the 'Parking Summary, Uniform Building and Fire Codes provide a method i which to determine the allowable amount of restaurant seating permitted within individual restaurants as well as within the center as a whole. D. It has been determined that this project is Categorically Exempt (Class 1) pursuant to the provisions of Section 15301 of the California Environmental Quality Act. II. The Planning Commission hereby approves Conditional Use Permit 94-010, subject to the following conditions. A· Condition No. 2j) of Planning Commission Resolution No.s 1409 and 1634 are amended to read as follows: Bo "2j) Outdoor dining facilities are permitted within Enderle Center, subject to all parking requirements of Condition B below and the Outdoor Seating design criteria established by Planning Commission Resolution No. 2490." Condition No. 2k) is added to Planning Commission Resolution No. 1409 to read as follows: The parking ratios established for Enderle Center are as follows: USE RATIO Office 1 space/300 s.f. Retail 1 space/200 s.f. Restaurant 1 space/200 s.f. or 1 space/ 3 seats** ** - (indoor, outdoor, fixed, moveable, waiting, dining) The method for calculating the amount of parking spaces required for Enderle Center is as follows: Total Parking Required for entire center Multi-Use Parkinq Adjustment Factor of .85 Total Adjusted Parking Required 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3283 Page 3 C. Ail other conditions of Resolution No. 1409, originally approving the project, shall remain in full force and effect. PASSED AND ADOPTED at a regular Plann. ing Commission meeting on the 27th day of June, 1994. Chairperson BARBARA REYESu Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3283 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of June, 1994. Recording Secretary JL:br