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RESOLUTION NO. 3158
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 93-015
AUTHORIZING AN OUTDOOR SEATING AREA IN CONJUNCTION
WITH THE RESTAURANT LOCATED AT 13041 NEWPORT
AVENUE.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follcws:
ne
That a proper application, Conditional Use Per?...it
93-015, has been filed by Wayne Sorensen requesting
authorization to establish an outdoor seating area
in conjunction with the restaurant located at 13341
Newport Avenue.
B .
A public hearing was duly noticed, called and held
for said application on July, 26, 1993 by ~he
Planning Commission.
Ce
That the establishment, maintenance, and operation
of the use applied for will not, under ~he
circumstances of this case, be detrimental to nhe
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 ~he
general welfare of the City of Tustin as evidenced
by the following:
The application is in compliance with =he
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.
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Resolution No. 3158
Page 2
o
The project does not include the sale or
consumption of a!coholi- beverages.
D .
This project has been determined to be a minor
alteration to an existing facility and is therefore
Categorically Exempt (Class i) pursuant to Section
1S301 of the California Environmental Quality Act.
II. The Planning Commission hereby approves Conditional Use
Permit 93-015 authorizing an outdoor seating area in
conjunction with the restaurant lccated at 13041 Newport
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 26th day of July, 1993.
· 4a~3/6~ KaSa~~ ~
Chairpe~rson /
KATHLEEN CLANCY
Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY, the undersi_~rned, hereby certify that I am
the Recording Secretary of the Planning Commission of the City
of Tustin, California; that Resolution No. 3158 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 26th day of July, 1993.
EXHIBIT A
CONDITIONAL USE PERMIT 93-015
CONDITIONS OF APPROVAL
RESOLUTION NO. 3158
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped July 26,
1993, 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.
(1) 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.
(1) 1.3 Ail conditions of approval for Conditional Use Permit 93-
015 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 93-015.
(1) 1.4 Approval of Conditional Use Permit 93-015 is contingent
upon the applicant signing and returning an "Agreement to
Conditions Imposed" form, as established by the Director
of Community Development.
(1) 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 the 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 a conditional use permit for alcoholic
beverages and all necessary ABC licenses are obtained.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTION
Exhibit A - CUP 93-015
Conditions of Approval
Resolution No. 3158
Page 2
(7) 2.3 Authorization for outdoor seating shall be reviewed after
one year. At such time, the Community Development
Department shall inspect the site to determine if any
adverse impacts have resulted from the use. If a
determination is favorable, the conditional use permit
authorization shall be considered permanent.
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. A lighting plan shall be submitted to the
Community Development Department for review and approval.
(7) 3.2 The number of outdoor seats is limited to twenty-two (22)
and the number of tables is limited to eight (8), and the
applicant shall ensure that a three (3) foot clear
pedestrian aisle is maintained at all times. These
twenty-two (22) seats shall be accounted for in
considering the total number of seats permitted for the
subject tenant space. A maximum of 89 seats is permitted
for the entire tenant space.
(7) 3.3 The outdoor seating area shall contain trash receptacles
for use by the public and restaurant employees and shall
be cleaned on a continual, daily basis for removal of
litter and food items which constitute a public nuisance.
The design of the trash receptacles 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.
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