HomeMy WebLinkAboutPC RES 3101 1
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RESOLUTION NO. 3101
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT 92-034 APPROVING THE
ESTABLISHMENT OF A COMMON OUTDOOR SEATING AREA
WITH FOUR SEATS IN FRONT OF 17311 E. MCFADDEN,
SUITE B.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
A·
That a proper application, (Use Permit No. 92-
034) has been filed on behalf of Hoa Tu Ly to
authorize a common outdoor seating area with
four seats at 17311 E. McFadden, Suite B.
Be
That a public hearing was duly called, noticed
and held on said application on December 14,
1992.
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 establishment of an outdoor dining
area will enhance the pedestrian
environment by providing seating and a
human scale to the project.
2)
There is adequate parking on site to
accommodate the use.
3)
The proposal is consistent with specific
guidelines established by the Planning
Commission related to outdoor seating
areas.
D®
That the establishment, maintenance, and
operation of the use applied for will not be
injurious or detrimental to the property and
improvements in the neighborhood of the
subject property, not to the general welfare
of the City of Tustin for the reasons stated
in Section C above.
]
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Resolution No. 3101
Page 2
E®
Proposed development shall be in accordance
with the development policies adopted by the
City Council, Uniform Building Codes as
administered by the Building Official, Fire
Code as administered by the Orange County Fire
Marshal and street improvement requirements as
administered by the City Engineer.
F,
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. 92-034 to authorize the
establishment of a common outdoor seating area with
four seats in front of 17311 McFadden Street, Suite
B. 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 14th day of
December, 1992.
Recording Secretary
·
Chairperson
EXHIBIT A
RESOLUTION NO. 3101
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT 92-034
GENERAL
(1) 1.1 The proposed project shall substantially
conform with the submitted plans for he
project date stamped December 14, 1992 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 specified, the conditions
contained 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.~ 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.
1.6 Ail conditions of approval for Conditional Use
Permit 92-034 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
92-034.
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 92-034
Page 2
USE RESTRICTIONS
2.1 The applicant shall maintain a minimum 48" wide sidewalk
around the seating area free and clear of chairs, tables
or trash receptacles.
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).
2.3 There shall be no additional signage established in the
outdoor seating area.
2.4 The outdoor seating may only be conducted between the
hours of 11:00 AM and 1:00 PM.
2.5 The outdoor seating area shall be specified as "seating
in common" and shall be available for public use. When
the tables and chairs are not in use outside, they shall
be placed in storage and may not be utilized as indoor
seatiRg.
2.6 The outdoor seating area shall contain no more than two
tables and four chairs which are temporary tables that
can be moved inside the building when not in use.
2.7 The use of outdoor speakers within the outdoor seating
area is prohibited.
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Resolution No. 3101
Page 3
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.
3101 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 14th day of
December, 1992.
}~A~HI,EEN CLANCY ~
Recording Secretary