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RESOLUTION NO. 2490
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CALIFORNIA, ESTABLISHING POLICY GUIDELINES TO
BE FOLLOWED IN REVIEWING APPLICATIONS FOR OUTDOOR
SEATING AREAS.
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows'
A. That certain gui delines shall be considered by Community
Development staff and the Planning Commission when considering
Conditional Use Permit applications for outdoor dining areas.
B. Outdoor dining areas are allowed with a CUP subject to the
following design criteria'
1. Alcoholic Beverage Sales - Should the proposed establishment
wish to sell alcoholic beverages, any outdoor dtning area
shall be designed to meet the standards of the State
Department of Alcoholic Beverage Control. Specifically, the
outdoor dining area mu st:
a) the patio area shall be clearly/physically defined. It
must be clearly a part of the restaurant it serves;
b) be accessible preferrably through the inside of the
restaurant; and
c) be supervised by a restaurant employee to ensure
conformance wi th all laws regarding consumption of
alcoholic beverages while on the restaurant
premises.
2. Conformance to ParkinO Requirements - A1 though in some
cases the outdoor dining area may be seasonal i n
nature, the number of seats provided or the area used
as a seating area should be considered in determining
the parking requirements for the restaurant as a
whole. Therefore'
a) depending on the location and the parking
requirements for the property where the restaurant
is proposed, the outdoor seating area must be
considered as part of the restaurant and shall
conform to the mandated parking requirements; and
b) if outdoor seating areas are not part of the
restaurant and are specified as "seating in
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Resolution No. 2490
Page two
common" no speci fi c parking requirements are
applicable; however, these seating areas are not to be
reserved or intended for specific use by any particular
restaurant or tenant in the center and shall be
available to public use.
3. Clean up. facilities - All outdoor seating areas, be
they part of a restaurant or seating in common, should
have adequate clean up facilities. Therefore:
a) all outdoor dining or seating areas shall contain
trash receptacles for use by the publ i c or
restaurant employees; and
b) all outdoor dining or seating areas shall be
cleaned on a continual, daily basis for removal of
litter and food items which constitute a public
nuisance.
4. Design Compat~.bilit¥ - Since outdoor dining areas are
typically visible from the public street, special
consideration for design is essential. The current
Design Review process as established by Section 9272 of
the Municipal Code allows City Staff the opportunity to
review and establish design elements for these types of
projects. The following guidelines are necessary to
encourage and reinforce compatible design elements:
a) All outdoor dining and seating areas shall be
designed so as to not obstruct vehicular or
pedestrian traffic flow and shall be designed in a
fashion so that they do not necessitate removal of
any existing pedestrian or vehicular movement
a rea;
b) all structural elements, umbrellas, furniture, awnings,
covers or other physical elements which are visible to
the public right-of-way shall be compatible with the
overall design of the main structures; and
c) all signs and advertisement materials placed in an
outdoor di ni ng or seating area shal 1 be i n
conformance wi th the Sign Code, as well as any
adopted Sign Program for the building in which the
seating is to be located.
Resolution No. 2490
Page three
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e
Location to Sensitive Uses - The use of outdoor dining and
seating areas creates a pedestrian oriented ambiance. This
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
proximity to sensitive uses. Therefore:
a) any outdoor dining or seating area located within 600
feet of a public school shall be designed with
particular consideration of school children and
access. Avoidance of the use of video or coin operated
games and serving of alcoholic beverages in outdoor
seating areas should be considered;
b) should any restaurant have dancing or play
amplified music, the outdoor seating area shall be
sealed off in a fashion so as to restrict noise
from disturbing other businesses or residents; and
c ) outdoor seating and di nt ng areas and their
relation to residential uses, public schools,
churches, hospitals and arcades shall be reviewed
and proper mitigation measures applied for
problems related to noise, light, glare and loitering
shall be applied to avoid land use conflicts.
Ce
Incorporation of standard conditions of approval is necessary to
ensure compatible and uniform design of all outdoor seating
areas. Typical conditions of approval may be applied where
applicable. These standard conditions include:
1. The outdoor dining area shall be setback a minimum of five
(5) feet from the property line or parking lot with
appropriate landscaping in conformance with current
landscaping criteria.
2. Lighting shall be provided to illuminate the dining area as
required by the Tustin 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 four
4. The dining area shall be physically related to the building
that the restaurant is in, ensuring that the entrance to the
dining area is preferrably through the restaurant.
5. Maximum dining areas shall be subject to Uniform Building
Code (UBC) regulations.
6. Outdoor seating, whether permanent or seasonal, is subject
to the parking requirements specified in the Tusttn
Municipal Code.
7. The use of awnings, umbrellas, plants, and other human scale
elements is encouraged to enhance the pedestrian experience.
8. Trash receptacles shall be provided in the outside dining
a rea.
9. 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. If not, then a permanent CUP may be
granted.
10. Outdoor dining areas shall be a minimum of 200 feet from
residential uses.
11. If entertainment or dancing is provided on the premises, a
noise analysis shall be provided which guarantees that noise
levels will not exceed those specified in the Tustin Noise
Ordinance.
D. That each Conditional Use Permit application for an outdoor
dining area shall be reviewed, based upon location and type of
such establishment, and consideration of the following
guidelines:
A determi nati on that hours of operati on requested are
appropriate to the use proposed and consideration given to the
proposed use's relation to'
1. Residential areas;
2. Arcades;
3. Public schools;
4. Relation to live entertainment locations.
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Resolution No. 2490
Page fi ve
E. The applicant shall sign and return an Agreement to Conditions
Imposed form which states that the applicant agrees to all
conditions imposed. Failure to comply with any of the foregoing
conditions shall be grounds for revocation of any approved
Conditional Use Permit.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,
held on the 13th day of June, 1988.
Kathy Wei lY
Chairman
'Penni Foley ~
Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No '.m~m.~/'~ was duly passed and.. adopted at a regular meet~tng of,
the Tustin Planning Commission, held on the /.-~/X-day of ' "~_z_,~.,:~ .' .
PENNI FOLEY
Recording Secretary