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HomeMy WebLinkAboutPC RES 32351 RESOLUTION NO. 3235 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, APPROVING CONDITIONAL USE PERMIT 93-040 AUTHORIZING AN OUTDOOR SEATING AREA IN CONJUNCTION WITH THE RESTAURANT LOCATED AT 1481 EDINGER AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: ae That a proper application, Conditional Use Permit 93-040, has been filed by Steve Tsirtsis requesting authorization to establish an outdoor seating area in conjunction with the restaurant located at 1481 Edinger Avenue. Be A public hearing was duly noticed, called and held for said application on February 14, 1994 by the Planning Commission. Ce 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: · The application is in compliance with the City's established guidelines for reviewing applications for outdoor seating areas, related to alcoholic beverage sales, conformance to parking requirements, clean up facilities, design compatibility, and relative location to sensitive uses, ensuring protec- tion of the general welfare of the City. Additionally, conditions of approval have been included to ensure that the proposed use is not detrimental to the property and improvements in the neighborhood of the subject property. · The project will not require the alteration of surrounding properties or the construction of any off-site improvements that would impact surrounding properties. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3235 Page 2 De This project has been determined to be a minor alteration to an existing facility and is therefore Categorically Exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. II. The Planning Commission hereby approves Conditional Use Permit 93-040 authorizing an outdoor seating area in conjunction with the restaurant located at 1481 Edinger Avenue, subject to all conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 14th day of February, 1994. Secretary Kathy Weil ~ Chairperson STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3235 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of February, 1994. EXWIBIT A CONDITIONAL USE PERMIT 93-040 CONDITIONS OF APPROVAL RESOLUTION NO. 3235 GENERAL 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped February 14, 1994, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. (l) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the establishment of the outdoor seating area, subject to review and approval by the Community Development Department. ('m) 1.3 All conditions of approval for Conditional Use Permit 93- 040 and applicable requirements of the Tustin City Code shall be complied with at all times. Any violations thereof will be grounds for initiation of proceedings to consider revocation of Conditional Use Permit 93-040. (1) 1.4 Approval of Conditional Use Permit 93-040 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form, as established by the Director of Community Development. (l) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of the City's approval of the entitlement process for this project. USE RESTRICTIONS (7) 2.1 Authorization for outdoor seating is contingent upon the use of the subject site remaining a restaurant or other eating establishment. At such time that a restaurant use is discontinued, the use permit becomes null and void. (7) 2.2 No alcoholic beverages will be permitted to be served in the outdoor seating area, unless an approved ABC barrier is provided and all necessary ABC licenses are obtained. BOURCE CODES (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION Exhibit A - CUP 93-040 Conditions of Approval Resolution No. 3235 Page 2 SITE AND BUILDING CONDITIONS (7) 3.1 Lighting shall be provided to illuminate the outdoor seating area as required by the Tustin Security Code. In addition, all lighting fixtures shall be architecturally compatible, subject to review and approval by the Community Development Department~ (7) 3.2 The number of outdoor seats is limited to twenty (20) and the number of tables is limited to five (5), and the applicant shall ensure that a three (3) foot clear pedestrian aisle is maintained at all times. These twenty (20) seats shall be accounted for in considering the total number of seats permitted for the subject restaurant. A maximum of 240 seats is permitted for the entire restaurant. (7) 3.3 The outdoor seating area shall be cleaned on a continual, daily basis for removal of litter and food items which constitute a public nuisance. The design of any trash receptacles to be placed within the outdoor seating area shall be compatible with the other elements of the outdoor seating area, as determined by the Community Development Department. (3) 3.4 A 36 inch wide aisle shall be maintained for serving seating only on one side of the aisle. (7) 3.5 No outdoor entertainment shall be permitted, unless a conditional use permit for such entertainment is obtained from the City of Tustin. (3) 3.6 The outdoor seating must meet all Uniform Building Code requirements, including American Disability Act (ADA) requirements. (4) 3.7 No alterations to the approved colors or fabrics of the structural elements, umbrellas, furniture, covers, trash receptacles, or other physical elements which are visible to the public right-of-way shall be made without prior written approval from the Community Development Department. (4) 3.8 Parking lot light fixtures oriented toward the north elevation roof shall be eliminated as the light rays are not confined to the property and produce nuisance light glare on Redhill Avenue and Edinger Avenue. Exhibit A - CUP 93-040 Conditions of Approval Resolution No. 3235 Page 3 (5) (5) (5) (1) SC:br 3.~ Existing exits from the restaurant shall not be obstructed. PLAN SUBMITTAL 4.1 Three (3) sets of construction plans showing foundation details and two (2) sets of structural calculations shall be submitted for the free-standing light fixtures, which require a building permit. An electrical permit is required for all light fixtures. Also include dimensions of enclosed seating area and number of seats, and detail of fence or other structures. Requirements of the Uniform Building Code shall be complied with as approved by the Building Official. No field changes shall be made without corrections submitted to and approved by the Community Development Department. 4.9_ Accessible path of travel and exiting shall be provided according to California Building Code (T-24). FEES 5.1 Prior to the issuance of any building permits, payment shall be made of all applicable building plan check and permit fees to the Community Development Department.