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RESOLUTION NO. 2805
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, AMENDING THE DEVELOPMENT PLAN
APPROVED BY THE SECOND AMENDMENT TO USE PERMIT
85-9, AUTHORIZING AN OUTDOOR SEATING AREA OF
16 SEATS AT 13681 NEWPORT AVENUE.
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 (Amendment No. 2 to
Use Permit 85-9) has been filed by Martin
Diedrich on behalf of. Carver Development,
requesting authorization to amend the approved
development plan for Tustin Plaza to authorize
an outdoor seating area of 16 seats to be
located at 13681 Newport Avenue.
Be
That a public hearing was duly called, noticed
and held on said application on July 23, 1990.
Ce
This project is categorically exempt (Class 1)
pursuant to the California Environmental
Quality Act.
De
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, evidence by the following findings:
i ·
That a conditional use permit was
approved with a precise development plan
on June 10, 1985 and the subject
modifications are minor and will not
significantly alter the approval, as the
existing landscape removal to provide for
the outdoor seating area will provide a
pleasant outdoor area for customers of
the coffee shop and center to sit and
converse and thereby be a benefit to the
center by encouraging pedestrian usage of
space.
·
That outdoor seating area is consistent
with the Tustin Area General Plan land
use designation for commercial uses.
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Resolution No. 2805
Page 2
·
That outdoor seating area is consistent
with the Planned Community - Commercial
District zoning designations subject to
approval of a Conditional Use Permit
incorporating a precise development plan.
·
That the outdoor seating area is
consistent with Use Permit 85-9,
particularly the 1st amendment to Use
Permit related to shared parking.
E·
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, nor to the general welfare
of the City of Tustin, in that the peak hour
of Diedrich's Coffee Shop, whose customers
will primarily utilize the outdoor seating
area, is opposite that of the restaurant and
retail uses in the plaza and the shared
parking plan therefore is not compromised.
Therefore, as conditioned, the outdoor seating
area will not negatively impact the
surrounding area but will serve to isolate
outdoor seating.
II. The Planning Commission hereby approved Amendment
No. 2 to Conditional Use Permit No. 85-9 amending
the approved development plan for Tustin Plaza to
authorize an outdoor seating area of a maximum 16
seats, subject to conditions contained in Exhibit A
attached hereto.
PASSED AND ADOPTED at a regular meeting of the Planning
Commission held on the 23rd day of July, 1990.
KA~h'L~N -~ITZ/gA~RI CK
Secretary
D~ALD LE ~EU~E ~
Chairman
EXHIBIT A
AMENDMENT NO. 2 TO USE PERMIT 85-9
CONDITIONS OF APPROVAL
RESOLUTION NO. 2805
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped July 23,
1990 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, all conditions contained in
this Exhibit shall be complied with prior to the issuance
of any permits for the project, subject to review and
approval by the Community Development Department.
(7) 1.3 CUP's which are approved for outdoor dining areas are
subject to review after one year. At such time, staff
shall conduct a study to determine if any adverse impacts
have resulted from the use (i.e. trash, maintenance,
appearance). If not, then a permanent CUP may be
granted.
(7) 1.4 The center management/property owner shall cause a
"comprehensive" parking demand study to be prepared, at
the request and discretion of the Community Development
Department or Public Works Department if it is determined
that a parking problem exists on the site. If said
report indicates inadequate on-site parking, the owner at
the discretion of the City shall provide additional
mitigation to offset parking impacts by implementing one
of the following alternatives, with the determination of
the acceptable alternative subject to review and approval
by City staff:
ae
Secure additional off-site parking from
adjacent property owners, or increase joint
parking on office portion of Tustin Plaza
south of Sixth Street by modifying the already
recorded off-site parking agreement;
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
Resolution No. 2805
Page 2
be
Require reduction in restaurant seats or other
measures which would alter parking
requirements on site.
(1) 1.5 The applicant shall sign and return an Agreement to
Conditions Imposed form prior to the issuance of any
building permits and or business license.
(1) 1.6 Condition Number II.A of Resolution No. 2392 shall be
modified as follows:
II.A Maximum floor area for restaurants and/or
food related uses (including outdoor seating areas)
shall not exceed tenant commitments and/or proposed
tenant plans of Carver Development as of July 23,
1990.
Ail other conditions of Resolutions No. 2392 and 2229, as
applicable, and (incorporated herein by reference shall
remain as originally set forth.
SITE
(7) 2.1 Provide details on all structural and hardscape elements
(including umbrellas, furniture, awnings, etc.).
Pursuant to the guidelines, all physical elements which
are visible to the public right-of-way shall be
compatible with the overall design of the main
structures. Such details shall be subject to review and
approval by the Community Development Department prior to
issuance of any permits.
(7) 2.2 Pursuant to the adopted guidelines, provide locations of
trash receptacles for use by the public.
2.3 Any proposed umbrellas used in the outdoor seating area
shall not display any form of signage and shall be of
solid color.
(1) 2.4 Provide landscaping details on the plans to insure
compliance with the landscape and irrigation submittal
requirements which shall include the following:
ae
Shrubs shall be a minimum five (5) gallon size and
shall be spaced a maximum of five feet off center.
Exhibit A
Resolution No. 2805
Page 3
be
Ground covers shall be planted between eight (8)
and twelve (12) inches on center.
Ce
Landscaping shall be enclosed by a minimum six (6)
inch high concrete curb.
de
Ail plant materials shall be installed in a
healthy, vigorous condition typical to the species.
(7) Z.5 Lighting shall be provided to illuminate the area as
required by the Tustin Security Code.
(7) Z.6 Maximum exterior dining area capacity shall be subject to
the Uniform Building Code (UBC) regulations but in no
case exceed 8 tables and 16 chairs. Maximum interior
seating shall not exceed any combination of seating and
tables which will result in more than 14 seats.
(5) Z.7 The center management shall submit a parking restriction
plan which shall identify all spaces in the plaza with
parking restrictions.
(5) Z.8 Ail employees of Diedrich's Coffee shall park along the
western portion of Tustin Plaza behind the buildings.
(7) 2.9 No live entertainment or amplified music shall be
permitted.
(7) 2.~0 No alcoholic beverages shall be allowed to be served or
consumed in the outdoor seating area.
PLAN SUBMITTAL
3.~ At building plan check, submit three sets of construction
level plans as follows:
(3) A.
(3) B.
Plans shall specify all issues regarding occupancy
in accord with the Building and Safety Division.
The construction shall be in accordance with
applicable Building Codes. Said construction will
be inspected by the Community Development
Department during construction and prior to final.
Exhibit A
Resolution No. 2805
Page 4
FEES
4.~ Prior to the issuance of any building permits, payment
shall be made of all required fees including all
applicable plan check and building permit fees to the
Community Development Department.
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RESOLUTION NO. 2392
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, AMENDING THE DEVELOPMENT PLAN
APPROVED BY USE PERMIT 85-9 AUTHORIZING SHARED
PARKING FOR A FREESTANDING RESTAURANT AT 13741
NEWPORT AVENUE.
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 (Amendment No. I to Use Permit 85-9)
has been filed on behalf of Carver Development, requesting
authorization to amend the approved development plan for Tustin
Plaza to permit implementation of a shared parking program.
B. That a public hearing was duly called, noticed and held on said
application.
C. 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, evidence by the following findings:
1. That a conditional use permit was approved wi th a precise
development plan on June 10, 1985.
2. That retai 1 and offi ce uses and i n parti cul ar a
freestanding restaurant is consistent wi th the Tustin Area
General Plan land use designation for commercial uses.
3. 'That retail and office uses including freestanding
restaurant are consistent wi th the Planned Community
Commercial District zoning designations subject to approval
of a Conditional Use Permit incorporating a precise
development plan.
4. That the implementation of a shared parking program would
be consistent with Conditional Use Permit 85-9 subject to
modification of the precise development plan.
5.
Subject property is currently zoned Planned Community
Commercial, as such development standards are established
via an overall development plan. A modification of said
development plan is now justified for the following
reasons: a) 31% of the proposed project is an office whose
office use peak demand for parking is considerably less
than a conventional commercial development; b) the center
is without the traditional anchor tenant.
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Resolution No. 2392
'page two
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,
nor to the general welfare of the City of Tustin, and should be
granted.
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 Fi re Marshal and street improvement
requirements as administered by the City Engineer.
F. A Negative Declaration was previously approved for this Project.
G. Final development plans shall require the review and approval of
the Community Development Department.
II. The Planning Commission hereby approved Amendment No. 1 to
Conditional Use Permit No. 85-9 amending the approved development
plan for Tustin Plaza authorizing the implementation of a shared
parking program for the subject project subject to the following
conditions:
·
A. Maximum floor area for restaurants and/or food related uses
shall not exceed existing tenant commitments and/or proposed
tenant plans of Carver Development as of February 23, 1987
including plans for a freestanding restaurant.
B. Maximum office area shall be established by the Director of the
Department of Community Development consistent with ensuring
adequate shared parking conditions which accommodate peak
parking demands.
C ·
Existing restaurant, food service, and/or office spaces may be
converted to retail space without impacting parking demand.
D. Employees for the proposed freestanding restaurant pad will be
required during peak shifts {5:00 p.m. to 11:00 p.m.) to park on
the Carver office site adjacent to the retail center.
E. A monthly work schedule for the first six months of operation of
any restaurant user on the restaurant pad shall be submitt, ed to
the Community Development Department indicating the number of
personnel and shift times.
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Resolution No. 2392
page three
The Carver Development shall participate and coordinate with
Orange County Transit District to encourage that all tenants in
the Center and their employees are encouraged t.o utilize car
pools or alternative means of transportation to alleviate
parking demand.
PASSEDhe l d on ANDthe ADORED dayat aofre(~ 1 ~ r/~meeting~.~_ / ~)f the T,u s ti n1987. Planning Commission~
'DONNA ORR,
Recording Secretary
!
CHARLES E. PUCKETT,
Chairman
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RESOLUTION NO. 2229
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN
APPROVING USE PERMIT NO. 85-9 AUTHORIZING THE CONSTRUCTION OF
+ 91,000 SQUARE FOOT RETAIL SHOPPING CENTER AND THE
~ONSTRUCTION OF A + 46,000 SQUARE FOOT OFFICE COMPLEX ON THE
·
VACANT PROPERTIES ~RONTING ON THE WESTERLY SIDE OF NEWPORT
.AVENUE BETWEEN MAIN STREET AND EL CAMINO REAL.
The Planning Coimmission of the City of Tustin does hereby resolve as
fo 11 ows'
I. The Planning Commission finds and determines as follows-
Ae
That a proper application (Use Permit No. 85-9) has been filed
by Carver Development requesting authorization to develop a +
91,000 square foot retail shopping center and a + 46,000 square
foot office complex on the properties fronting on the westerly
side of Newport Avenue between Main Street and E1 Camino Real.
Be
That a public hearing was duly called, noticed and held on said
application.
·
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:
·
That retail and office uses are consistant with the Tustin
Area General Plan land use designation for commercial uses.
·
That retail and office uses are consistant with .the Planned
Community Commercial District zoning designations subject
to approval of a Conditional Use Permit incorporating a
precise development plan.
0
That a conditional use permit application with a precise
development plan has been submitted.
·
That an initial study addressing potential adverse
environmental impacts has be. en prepared and concludes that
the construction of the project as proposed will not
adversely impact the environment. A Negative Declaration
of Environmental Impact has been applied for.
De
That the established, maintenance, and operation of the use
applied for will not be injurious or detrimental to the property
and improvements in the neighbonhood of the subject property,
nor to the general welfare of the City of Tustin as evi·denced by
compliance with the City's Zoning and Development standards.
Resolution No. 2229
Page two
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II.
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 Fi re Marshal and street improvement
.requirements as administered by the City Engineer.
F.
A Negative Declaration of environmental impact is hereby
appreved in accordance with the California Environmental Ouality
Act.
The Planning Commission hereby approves ~se Permit Application No.
85-9 authorizing the development of a + 91,000 square foot retail
shopping center and a + 46,000 square foot office complex on the
properties fronting on the westerly side of Newport Avenue between
Main Street and E1 Camino Real subject to the following conditions"
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A.
The subject project is hereby approved subject to all of the
conditions contained in "Exhibit A, Conditions of Approval, Use
Permit 85-9, Resolution No. 2229" attached hereto.
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Recording Secretary
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JSD:pef
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PASSED AND ADOPTED at a regular meeting of. the Planning Commission held on
the lOth day of June, 1985.
., ., .,....;. ",._;
RONALD H. WHITE
Chairman
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Exhibit "A"
Conditions of Approval
Use Permit 85-9
Resol.ution 2229
1. All final building elevations shall be subject to review and approval of
the Planning Commission including elevations of buildings numbered I and 2.
In any event, all roof top equipment must be screened from view by parapet
walls.
2,
All finai details of corner plaza designs are subject to review and
approval of the Director of Community Development.
e
Along the westerly property lines of the project a 6'8" high, 6" wide block
wall shall be constructed. An opening in said wall shall be created for
pedestrian access from the senior citizen housing project located at 275
6th Street onto the retail portion of the project. Further, the applicant
shall grant to adjoining property owners the right to remove the wall at
such time their properties are redeveloped. This removal shall be subject
to approval by the Community Development Director. The expense of the wall
removal shall be borne by the adjoining property owner.
4. An agreement shall be executed and submitted to the City stating that the
owner of this project shall maintain all landscaping located within the
public right-of-way and along the bike trail.
e
The landscape area along Newport Avenue shall be at least 10 feet in width.
The developer shall provide a 30 foot wide easement at the Newport Avenue
ingress/egress point to the office project, continuing from the front
property line to the rear property line. The easement shall be granted in
favor of the city and assignable to adjoining property owners providing
access rights to Newport Avenue.
Be
The notation on the site plan for the office project stating "Owner
reserves the right to close off parking entry" shall be deleted , and
mutual access and parking rights maintained.
The final site plan shall be standardized and reflect all appropriate City
standard drawing numbers. The developer shall construct all missing or
damaged street improvements to said developmenmt per the City of Tustin
"Minimum Design Standards of Public Works" and "Street Improvement
Standards". This work shall consist of, but not limited to: curbs and
gutters, sidewalks, drive apron, street pavement, street trees and
marbvelite street lights with underground conduit.
Continuous 6" concrete curbs shall be provided along landscape planters
adjacent to parking spaces and drive aisles.
Resolution No. 2229
Exhibit "A"
Page two
10. An irrigation plan shall be submitted to the Community Development
Department for review and approval prior to installation of any irrigation
system. Said plan shall include location and descr)ption of the following:
ae
point of connection;
back flow prevention device{s);
location and types of valves
location and sizes of piping;
sprinkler head types, locations and manufacturer model;
automatic sprinkler controller location and specifications.
11. A grading plan based on the Drange County Surveyor's bench mark datum
shall be submitted for review and approval.
12. The size and location of the water service and sanitary sewer lateral shall
be shown on final site plan.
13. The proposed dJcorative pavement at all the driveway entrances and street
intersections should be designated. Embossed or stamped concrete types are
not acceptable within the areas of :public right-of-way. Interlocking
pavers constructed to city standards be utilized.
. ,
14. The bike trail/path along Newport Avenue shall be minimum width of 10.0
feet, as is the' current trail and that one located northerly of Main
Street. The bike trail/path must be built to city standards with
appropriate signing, striping and pavement markings. There shall be no
right angle offsets within the bike trail as shown on attached plan. Any
landscaping along the bike trail must be maintained so as not to exceed 30
inches in height from sidewalk level.
15. The bollards, as placed along Newport Avenue, could be a hazard for the
bicyclist. Therefore bollards must be relocated.
16. Whenever a five foot wide sidewalk is utilized adjacent to the curb, all
street lights, signs, fire hydrants and other above ground utilities must
be located behind the sidewalk area.
17. All on-site trees must be located so as not to interfere with the proposed
street light system.
18. Public improvements will be required along the Main Street, Newport Avenue
and 6th Street frontages and will include but not be limited to the
following:
a,
Street paving
Curb and gutter
Si dewal ks
Bike trail, paving, signing and striping
Traffic signal installation (50%) at 6th/Newport
',.
Resolution No. 2229
Exhibit "A"
Page three
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Driveway construction ..
Ma~rbelite street lights with underground conduit
· Domestic and fire service systems
,Connection of all structures to sanitary sewer system
Street trees as required
Storm drain extensions as required
19. Dedication of all required right-of-way for Main Street widening, Newport
Avenue widening and the Newport Avenue bike trail.
20. Enlargement of curb return radius at Newport/Main at southwesterly corner
is required. ·
21. Payment of following fees is required at the time the initial building
permit is issued:
ae
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County Sanitation District No. 7 sewer connection fee based upon
$50.00/1,000 square feet of building area and any front footage
fee for connection to a County Sanitation District Sewer (if
requi red ).
East Orange County Water District fee. Contact Earl Rowenhorst
of Tustin Water Service for fee amount's.
22. Prior to approval of the subject project, the developer shall enter into an
agreement with the City of Tustin for .participation in a fee prograph (if'
adopted by the Tustin City Council) for implementation of the
Eastern/Foothill Transportation Corridor. Said agreement shall provide
that:
ae
The fee shall not exceed that amount as established by the nine
participating agencies within the Area of Benefit.
b,
Subdivider's obligation to pay fee would only comlnence after the
city establishes a fee program but not prior to issuance of
building permits.
C,
Subdivider's obligation to pay fee would cease if the fee program
were 'not established within three years of the issuance of
building permits.
de
Subdivider shall furnish surety bond or money to assure payment
of said fees.
23. The area of land northerly of Sixth Street is comprised of three parcels
per the assessor's office maps and the area southerly of Sixth Street is
comprised of two parcels.
Either a Covenant and Agreement to hold all parcels of land as one must be
filed or a Parcel Map should .be filed on each area northerly and southerly
of Sixth Street.
Resolution No. 2229
Exhibit "A"
Page four
24. All utilities serving, the subject property shall be required to be
underground.
25. The final approved site plan, square footages, and public improvements are
hereby incorporated into the Development Plan for the subject property.
The final Resolution of Approval for Use Permit 85-9 shall adopt said plan
and shall include the following guidelines:
ae
All land uses located within the project shall comply with the
permitted uses established in Section 9235 et seq. of the Tustin
City Code.
be
One hundred percent (100%) of the square footage within buildings
11 and 12 shown on the approved site plan may be occupied by
office uses. However, the first floor may also be utilized by
retail users.
,Buildings 4 through 10 on :the approved site plan are to be
occupied by retail commercial businesses only. Buildings 2 and 3
shall be limited to single-tenant restaurant uses. Building 1 is
strongly encouraged to be a single tenant.
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A minimum of 75% of leaseable area in the retail portion of the
project shall be required to be occupied by retail users.
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A master sign plan shall be submitted for review and approval of
the Planning Commission.
26. Building permits for the office portion of the project may only be issued
subsequent to, or concurrently with, .building permits for the retail
portions of the project. This condition does not include that permits for
buildings 1 and 2 be issued prior to permit issuance for the office
buildings.
27. Benches or other seating areas shall be provided on the site plan and
situated in plaza areas.
JSD:pef
Appendix I
page two
· PARKING DEMAND ON A), HOURLY BASIS
BY LAND USE (% OF ALLOCATED PARKING REQUIRED/WEEKDAYS)
O~'~'ICE
6:00 a.m.
7: O0 ~,~
8:oo
g:O0
10: O0
O0%
m.
11:00
/~12:00 p.m.
1:00
2:00
3:00
4:00
5:00
6:00
7:00
8:00
9:00
10:00
11:00
12:00 a.m.
RETAIL
0
8%
18%
42%
68%
87%
97%
100%
97%
95%
87%
79%
82%
89%
87%
61%
32%
13%
0
RESTAURANT
0
2%
5%
10%
20%
30%
50%
70%
60%
60%
50%
70%
90%
100%
100%
100%
90%
7O%
50%
Source' "Shared Pa l'r)~mm, Urband Land Institute 1983
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.o
· RESOLUTION NO. 2490 .'
·
A RESOLUTION OF THE PLANNING C~MMISSION OF THE CITY OF i.' "
TUSTIN, CALIFORNIA, ESTABLISHING POLICY GUIDELINES TO ,. m' '~
BE FOLLOWED IN REVIEWING APPLICATIONS FOR OUTDOOR ,'
SEATING AREAS.
..
'.Li ...q ;
The Planning Commission',, of the City of Tustin does hereby resolve"d's
follows: . . ~.
· '" '.. ".... i ';.-~.'.'
........ ' .'";' ::q ': 'k' ,"~: '
I. The'Plan~iin'g Com~ii'ssion finds and determines as follows: ":.,....~.,.........
.....t.., .'~.;~. ', ·
A. That cer'taln guidelines shall be considel'ed by ,Community
Development staff and the Planning Commission when considering'
Conditional Use Permit applications for outdoor, dining areas."'.,.
:/ . ..,~.. ·
B. Outdoor dining areas are allowed wi th a CUP subject.to the
following design criteria: ..... ' ......... ' .... ,~.
1. Alcohol..tc Beverage Sales - Should the proposed establishment
~ish'to'sel'l a'lcoh61iE' beverages, any outdoor dining/area
shall be designed to meet the standards of the' .State
· Department of AJcoho'lic Beverage Control, Specifically, the
· outdoor dining ~rea must: .~- m'' ' ' '
~ Nmi m ~ ' m
a) the patio~rea shall be clearly/physically defined'.": :ItI 'i~'
m m ~ S t be clearly a .part of the restaurant it serves; . ~:m.
b) be accessible preferrably through 'the inside loft?the
restaurant, and '.'['mm ['[
::. ~.... <.'..~
,,
c) be supervised by a restau'rant employee to "'" '
· ~-ensure..,
co6formance ~tth all la~s regarding consumption" of
alcoholic beverages whtle, on the restaurant
premises. - '.*' '~ ..... ~'.'
: ,,.,~.,..2 ,~, ,~,
2. Conformance to Parkin~)..Requirements - Although in some
cases the outdoor .dining area may be seasonal..': in
na.ture, the number of sea ts provided or the area 'used
as a seating area should be considered in determining
the parking requirements for the restauraht ' as, :'I ' la:.i- i
whole. Therefore' ' ':mi ~'~' ~ ~] m m ~
a) depending on the location and. the parking
requirements for the property where the. restaurant,"
· is proposed, the outdoor seating area must:.:.fbe'..
considered as part of the restaurant and shall
conform to .the mandated parking requirements' and.
' ~ " ~.' ;.... ,
b) if outdoor seating areas are not part of. :.l'.the'"
restaurant and are specified as "seating.'
m i,n'
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Resolution No, '2490
Page two
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,.. '., ~ ' - ~..,, ~ , ~. :.': .,~'
.... co=on"" - ......:!"!' are.
, no speclflc pariclng r qut remen
applicable; however, these seating areas are flOt'.ito be' i
· reserved or intended for specific use by any particular'
restaurant or tenant tn the center and shall, be., '
available to public use. ~m ~ ~l m ~& lee:~'m''mam~
· , .' ~,; , )v . '
, '.. -'., .-. ~'.,;".:'::.-.";t',: .:"',,.
3, Clean up facilities - All outdoor s. eat~lng .;' arei$~'"{~.[~'be ..'.
they part of a restaurant 'or seating In common,,'.shou]d ' ·
have adequate clean up facilities Therefore: ' m ' m ' :' ' . '
a) all outdoor dining or seating areas shall 'Icontaln
trash receptacles for use' by the ~ m ~ public'? Or.'~.'
restaurant employees; and . I ~ ~ m m' I ~ ~'~ ~m ' ~ ...........
b) a ] ] outdoor dt nl ng or sea ti ng .' areas '.::. sba ] 3 :~'!:.:'.be. '
cleaned on a continual, datly basis 'for.'removal~,.of
litter and food 1rems' 'whlch constitute 'a'ti..pub].lc' .'i..
nuisance. · . ·'. ....,~...i.:...i. :~;: ._~...
· -- '. . :,~.. ..' .. .'~i-
~" , ' 't ' './~ ~ , .~. ' = · : -
· . 4. Design Compatibility - Since outdoor 'dtntng :~:areas F::-'are'!". · 'tYpt'cbl'lY Vis~b'le from "the' public street, :~' special
consi.deratton ~or design is essential.~ mThe.... current:i:"
Design Review ~rocess as established .by Sectton l ,O272,m'iOf ''i!.
the Municipal Code ~'ilows City Staff the lopportuntty"toI'''''
review and establish design elements for these .itype$. of=, .~:
projects. The following guidelines are necessa.r.y=,:.
encourage and reinforce compatible design elements:'~'l.i~l:l.~li:"l.J: ..:''
a) All outdoor dtnlng and seattng areas :'~.
designed so as to not. obstruct vehicular:""
pedestrian traffic flow and shall be destgned."m"in, a
fashion so that they do not necessitate removal.lI of
any existing pedestrian or vehicular movement
..
· 1' ., ~4.'
area, m ' mm
b) all structural elements, umbrellas, furniture, awnings,
covers lop other physical elements which are visible to
the public right-of-way shall be compatible with the
overall design of the main structures; and
· i .
c) all signs and advertisement materials placed ln llan
· outdoor dining or seating area shall : be.I .in
conformance with the Sign Code, as well "as any
adopted Sign Program for the building in which the
seating is to be located. '~..
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2 Re~olution No~ ~249'0
Page three
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5.' "Location to Sensitive Uses"- The use of outdoor dining and
s~eatf~g 'areas creates a pedestrian oriented ambtance.'"".Thls'
type of ambiance is particularly attractive and ;.usually'"".:'
encouraged where appropriate; however, some problems'may. ',~.
occur if outdoor dining/seating areas are located ...in direct..·
:?:.i. ?i.';,~::i: · .~,:.i; ~:" '.
proximity to sensitive uses. Therefore: '..,,.'. %.:,..,i;~..,;...,:..:v.;, .;,
~ . . ~ .';' ,:, .¢, ; '....~ ..
" ' ' ".' · ' ' ' ' ,'.". ~.?.r'~',,'.4..,'..:...,'.'.'.'~
a) any outdoor dining or seating area.'.'located ..... withi' ..... n"-':"::'600'""':~'"..'
feet of a public' school' ~hall · be: 'designed':~'":,,.w,ith '....:
particular consideration o ' school 'children.'.~,':.'"~nd.'""
access. Avoidance of. the use of video or ·coin' ope'~-ated
games and servlng of alcoholic beverages.'ln",,outdoor.""
. .'"1~ .. ,t '
seating areas should be considered' ,...':: ,...,..::...,:.,~:..:...,... :., '.
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b) should any restaurant have ''m ' dancl n ', mom r ' ~''''~'' m play. m '
amplified n~stc, the outdoor seating area .,. shall.'l.lbe
m mmml:
sealed off in a fashion so as 'to restrict'; noise'm:.·
from disturbing other businesses or residents, a d.],f '"';"
~ . . , :':.' :~'. ,. .~,
c) outdoor =eating and' dining, areas 'and~:;..thetr ·
.o'
relation ~,-to residential uses,., publlc ~ schools,
. churches, .~hospitals and arcades ..shallm 'be'l'reV, m.t. ewed
and proper mitigation measures applied ":'.for
...i problems related* ;co noise, light, glar~ and.:lo~tterl'og
shall be appl.ied to avoid l~nd use conflicts, i. i:.i' :.: ...
.
Incorporation of stand~rd conditions of approval is necessary tOI
ensure compatible and uniform design of all outdoor seating
areas. Typical conditions of approval may be appiied'l where
applicable. These standard conditions include: '
L. The outdoor dining area shall be .setback a minimum
{5) feet from the property line or parking lot 'with
appropriate landscaping in conformance wi th current
landscaping crl teria. · ....
.'.1 F: . ' ·
2. Llghtin_gj_shfill be..ipro'vided to illuminate the dining.area as
........
i'equlred by ~'he Tustln Security Code.
3. The outdoor dining area-shall be architecturally compatible
with the building in which the restaurant is located..
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Resolution No. "2490
Page ftve
4 £. The applicant shall sign and return an A
Imposed form which states that the applicant agrees ;.i to .'. all ...m .'
conditions imposed. Failure to comply with any of the.~foregoingl:',.'.l
~l-~cmc[m~, cO L, OnOltlb~'S :/
"~ ..... _conditlons---sltall be .... grounds t:or.:re'~;oc~t~on of any".. .r..,ove~.:..,
~ P ~ Il
Conditional Use Permit. · · '.,'..'...: .i',. ~..... .."
I PASSED'AHD 'ADOPTED a ' '. "'"" ' "" "''' ~::: ':.?F..:.,~,:.~..::, '.::'~,~":-."!.
h,ld ,. ,ho /~.b,~_~at, a re.gula,~r nmet.ino of the Tusttn Plann{n Commfs~'st0n".'.:~.i:
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Secretary · g/ ' '" ? "' " ' ' · '.".: ''':~' ..' :..' '.": J'- '';'~: '::,~,f..,':';..?.~:>.':.:::;; :': {'.'
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2R
Resolution No. 2490.
· Page four ....
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4. The dining rea shal physically relat d to the. build.i
rig.':,,,:..
that the restaurant s ,ensurtng that' the entrance ."to': the'
dining area is preferrably through 'the restaurant. ~[ [ ~ ~ ~[, ,,~.m ~m~ ~ ~. ~.m
· . : ¥,.-:~'.., ... ,,:.~.'.~ .:/
5. Maximum dining areas isbell be subjectI to Uniform Butldtngli,.'.,,:
Code ( UBC ) regu 1 a ti ons. ,.. . ..'
I . , '.l .~ 1...~1 ,.. ;...4i ·
6. Outdoor seating, whether permanent or ·seasonal, is subject:..:.·
to the parking requirements specified in
th e'..~.!, Tusti n?'?';<,'
Muntci pal Code. · m; ) I ~ m : ff :l~ tim: ~ ~m" ~ ' ~ m~ m Il I$ ~ ,.:~ . m mi ql m
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·
7. The use of awnings, umbrellas, plants, and other'.human:scale..l ·
elements is encouraged to enhance the pedestrian expeP.!ence..
8. Trash receptacles shall be provided in the outside ,dining "' '"
· " , '. ,:, .,". ,i .
I · '..~' "~'
'9, CUP's which are approved for outdoor dlnlng · areas :.;'are';:- ·
subject to review after one year. At such','tlme,-staff!ishalll~,l.'
... conduct a stud~to determine if any adverse impacts have
resulted from th~-use. If not,. then a permanent CUP mayl be .,.
granted.
. .i'. "'1:'; '. ','- .' .
· .. f ':,~;.. , ~ y , ·
lO. Outdoor dining areas '~fiall be a minimum.of. ~00 fe~t fro~ .'.-'
residential uses; ......
?...; .' , '~,
il. If entertainment or dancing ts provtdedl.On the premises,· a
noise analysis shall be provided which guarantees that:noise
· levels will not exceed those specified in the Tustin.',Noise
Ordinance. . m m
· ..
,. .
· t
·
,. ~......
That leach Conditional Use Permit application for an l'outdoorm m
dining area shall be reviewed, based upon location and type ofI
such. ' estabti-slhment, "-and consideration _.i Of the following
gui del I nes:
· c!
· · ~ r
A determinatipn- that hours of operation requested m are
appropriate to the use proposed and consideration .given to the
proposed use.'s relation to:
Residential areas;
Xrc'ades; .........
Public schools;
Rel.ation to live entertainment locations.
1,
2.
3.
4.
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..:. : :~ ~,, ', ,
· ': " .*~'! . b' '"~: ';.,,',~ .'.,
Resolution No."2490 . "i .<t: ;,.:¥.. . .,
" ' ':l ~. ' .".,
Page fi ve ' , ,'
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.. . : :. ,, ·., I . -,"
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;. .. . '.,.:, ~:, ," . .....
'" ' "i:' '.' ' "- ~" '
4 £. The applicant shall sign and. return an Agreement to Condlt'l'bffs
5 Imposed form which states that the applicant agrees ;.i to .'. al l l.';'
conditions imposed.. Failure to comply with any of theiforegoingl:?'
· '~ . - .... conditions--shall be .... grounds for'l.:.re'~c~'t~on of'any~:,.~ppr..,ove,
· ' P^ss£o "^,D'^OOPT[O a: a :re u r 'mee:in,
......... a -- ~ vi I, II, C /Uab/il r/illl~lrJg comm.lS~Slon
held on the" /,~7~--~day of c~- · ~' --^~- ", '.': .... :': ':' .' .~ '~.,.~' ,-~ ..,",."'~
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