HomeMy WebLinkAboutPC RES 3126.. . o
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RESOLUTION NO. 3126
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT 93-005 APPROVING THE
ESTABLISHMENT OF A COMMON OUTDOOR SEATING AREA
WITH SIXTEEN SEATS IN FRONT OF 642 E. FIRST
STREET.
The Planning Commission of the'City of Tustin does hereby
resolve as follows:
The Planning Commission finds and determines as
follows:
ae
That a proper application, (Use Permit No. 93-
005) has been filed on behalf of Ali Yazdani
to authorize a common outdoor seating area
with sixteen seats at 642 E. First Street.
B,
That a public hearing was duly called, noticed
and held on said.application on March 22, 1993
by the Planning Commission.
Ce
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 design of the seating area
will discourage overnight use and the
moveable nature of the furniture will
prevent vandalism at night.
2)
The establishment of an outdoor dining
area will enhance the pedestrian
environment by providing seating and-a
human scale to the project.
3)
There is adequate parking on site to
accommodate the use.
4)
The proposal is consistent with specific
guidelines established by the Planning
Commission related to outdoor seating
areas.
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Resolution No. 3126
Page 2
De
That the e~fiablishment, maintenance, and
operation of the use applied for will not be
injurious or detrimental to the property and
improvements ih the neighborhood of the
subject property, not to the general welfare
of the City of Tustin for the reasons stated
in Section C above.
Z.
It has been determined that this project is a
minor alteration to an existing facility and
is, therefore, Categorically Exempt (Class 1)
from the California Environmental Quality Act.
II. The Planning Commission hereby approves Conditional
Use Permit No. 93-005 to authorize the
establishment of a common outdoor seating area with
sixteen seats in front of 642 E. First Street,
subject to the conditions attached hereto and
identified as Exhibit A and incorporated herein by
reference.
PASSED AND ADOPTED by the Planning Commission of the City
of Tustin at a regular meeting held on the 22nd day of
March, 1993.
KATHLEEN C. 0
Recording Secretary
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.
3126 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 22nd day of
March, 1993.
Recording Secretary
EXHIBIT A
RESOLUTION NO. 3126
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT 93-005
GENERAL
(1) 1.1 The proposed project shall substantially
conform with the submitted plans for he
project date stamped March 22, 1993 on file
with the Community Development Department, as
herein modified or as modified by the Director
of the Community Development Department in
accordance with this Exhibit.
(1) 1.2 Unless otherwise spe'cified, the conditions
conta~.ned in this Exhibit shall be complied
with prior to the establishment of the outdoor
dining area, subject to review and approval by
the Community Development Department.
(1) 1.3 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.
. ~
(1) 1.4 The applicant and property owner shall sign
and return the Agreement to Conditions form.
(8) 1.5 This Conditional Use Permit shall be reviewed'
by the Community Development Department one
year from the date of approval to determine if
any adverse impacts have resulted from the
use.
(8) 1.6 Ail conditions of approval for Conditional Use
Permit 93-005 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
93-005.
SOURCE CODES
(1) STANDARD CONDITION (5) SPECIFIC PLAN
(2) EIR MITIGATION (6) RESPONSIBLE AGENCY REQUIREMENT
(3) UNIFORM BUILDING CODE/S (7) LANDSCAPING GUIDELINES
(4) DESIGN REVIEW (8) PC/CC POLICY
*** EXCEPTION
Exhibit A
Conditions of Approval
Conditional Use Permit 93-005
Page 2
USE RESTRICTIONS
(3)
The applicant shall maintain a minimum 48" wide
sidewalk around the seating area free and clear of
chairs, tables or trash receptacles.
(8) 2.2
The applicant shall provide a trash receptacle
adjacent to and visible from the seating area for
use by the public or restaurant employees (at all
times that the tables and chairs are set-up). The
design of the trash receptacle shall match those
existing in the center.
(1) 2.3
There shall be no additional business
identification or advertising signs established in
the outdoor seating area. Public information signs
are permitted in accordance with applicable
provisions of the Tustin City Code.
(8) z.4
The outdoor seating ~rea shall be specified as
"seating in common" and shall be available for
public use. No fencing may be placed around this
seating area. When the tables and chairs are not
in use outside, they shall be placed in storage and
may not be utilized as indoor seating.
(8) 2.5
The use of outdoor speakers within the outdoor
seating area is prohibited.
(4) 2.6
Solid colored umbrellas may be utilized in
conjunction with the outdoor seating provided that
no signage shall be permitted on the umbrellas;
they shall be maintained in good condition and they
shall be located only under the trellis structure.