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RESOLUTION NO. 2381
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, AUTHORIZING OUTDOOR,
LIVE, ENTERTAINMENT AT 13682 NEWPORT AVENUE
The Planning Commission of the City of Tustin does hereby resolve as
fol 1 ows'
I ·
The Planning Commission finds and determines as follows'
A. A proper application, (Use Permit 86-36) has been filed by Joe
Massimino, to request authorization to provide outdoor, live,
entertainment once a week at 13682 Newport Avenue.
B·
That a public hearing was duly called, noticed and held on said
application.
C. Establishment, maintenance and F. peration 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 use requested is permitted pursuant to Sections 3228
and Sections 9270 of the Municipal Code subject to approval
of a Constitutional Use Permit.
2. With appropriate conditions of approval imposed, the use
requested will not adversely impact the immediate vicinity
in terms of unusual volume or character of traffic or the
congregating of a large number of people or vehicles.
3. The proximity of the requested use to an arterial highway
precldes noise levels generated from the band from
adversely impacting the ambient noise level in the area.
4. The use requested is compatible with other commercial uses
in the vicinity and, therefore, is in conformance with the
Tustin Zoning Ordinance.
·
The use requested is in conformance with the Tustin Area
General Plan as it relates to commercial land uses.
D. 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.
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Resolution No. 2381
page two
II.
F,
Final development ,:lans shall require the reviI' and a?proval of
the Community Development Department.
The Planning Commission hereby approves Conditional L'se Permit No.
86-36 authorizing outdoor, live, entertainment at 13682 Newport
Avenue subject to the following conditions'
l ·
Formal agreements between the applicant and neighboring
property owners, of the applicants ci.oice, securing a
minimum of 20 on-site parking spaces shall be submitted to
the Director of Community D,~velopment. Said spaces shall
be available for attendees of weekly events from 12:00 -
4:00 p.m. each day a concert is scheduled.
2. The live entertainment authorized shall be limited to the
following days and times'
a) Sundays from 12-30 to 3'30 p.m.
Any revisions to this restriction must be reviewed and
approved by the Director of Community Development.
3. The band stage area shall be located in the rear of the
parking area shown on Exhibit "A" of the "Report to the
Planning Commission" dated December 22, 1986 concerning the
subject use permit.
4. The driveway to the parking area shall be closed and
properly signed in a manner acceptable to the Director of
Public Works, Chief of Police and the Orange County Fire
Department. At all times during any scheduled
performance one parking space, adjacent to Newport Avenue,
shall remain open and unobstructed during any scheduled
performance to accommodate emergency medical vehicles.
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Persons in attendance of any scheduled performance shall be
required to remain on private property and should be
confined to the parking lot area. At no time may any
public rights of way be obstructed by persons and/or
equipment in conjunction with scheduled programs even for a
limited period of time.
6. No devices advertising weekly performances including, but
not limited to banners, "A" frame signs, posters, or
handbills shall be permitted to be displayed at any time.
·
No fee or admission charged shall be collect,..J from persons
wishing to view scheduled performances.
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Resolution No. 2381
page three
No alcoholic beverages may be sold, distributed or consumed
outside of the market prior to, during, or after any
scheduled pe~'formnces.
e
Written verification from the property owner of the subjec"~
site indicating activities requested and otherwise approve~
herein are authorized shall be submitted to the Director of
Community Development.
10. Approval of Use Permit 86-36 is valid for a period of six
months and sh~ll expire on June 22, 1986 unless extended by
the Planning Commission. A request for extension must be
submitted by the applicant prior to expiration date and
said extension may only be granted following an advertised
public hearing. At the time of any such hearing additional
reviews or conditions may be required/imposed as deemed
appropriate by the Commission. Subsequent hearings shall
be conducted without expense to the applicant.
11.
Non-compliance with any of the conditions contained herein
is sufficient grounds for the Director of Community
Development or the Chief of Police to suspend activities
authorized pending formal review by the Planning
Commi ssi on.
12. All electrical equipment mused in conjunction with scheduled
events shall be installed and/or maintained in conformance
with applicable provisions of the Uniform Building Codes,
Uniform Electrical Codes and Uniform Fire Codes as adopted
by the City.
13. The applicant shall sign and return an Agreement to
Conditions Imposed form as required by the Directr. r of
Community Development.
PASSED AND ADOPTED by, the Planning Commission of th~City of
Tustin on this 22nd day of December, 1986
· ~CHARLES E. PUCKETi', Chairman
..~ONNA ORR, Rec~/~i~g~cret~)~y
JSD' jm'pef
STATE OF CALZFORN!A)
COUNTY OF ORANGE )
C':TY OF TUSTiN )
I, DONNA ORR, the undersigned, hereby cer%ify ~qa: i am :he Recording
Secret~ of :he Planning Commission of :he City of Tus:in,
California; that Re$olu:ion ,No. ~1 was duly passed and adom:ed a:
a r~gular mee:ing of :he Tu_~:in Planning Commission, held on -.>,e ._~1~_
day of
DONNA ORR /; '~ / / / - "--'"'
Recording S~cr~:ar~