HomeMy WebLinkAboutZA 94-005/CUP 94-013
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ZONZNG ADMZNZSTRATOR ACTZON 94-005
CONDITIONAL USE PERMIT 94-013
JULY 5, 1994
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The Zoning Administrator of the ci ty of Tustin does
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The Zoning Administrator finds and determines as
follows:
A. That a proper application, Conditional Use
Permit 94-013, was filed by Peppino's Inc. to
permit the location of an outdoor seating area
in conjunction with the restaurant located at
651 East First street.
B. A public hearing was duly called, noticed and
held for said application on July 5, 1994 by
the Zoning Administrator.
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, nor to the general welfare of the City of
Tustin as evidenced by the following findings:
1. The sale of alcoholic beverages in the
outdoor seating area would occur within
an area designed to meet the standards of
the state Department of Alcoholic
Beverage Control. The patio area will be
clearly defined by physical boundaries,
and will be accessible from the inside of
the restaurant. Furthermore, the outdoor
seating area will be supervised by a
restaurant employee to ensure conformance
with all laws regarding consumption of
alcoholic beverages while on the
restaurant premises.
2. The outdoor seating area will have
adequate clean up facilities, to ensure
that outdoor eating areas do not become
littered.
Zoning Administrator Action 94-005
Page 2
The Zoning Administrator hereby approves
Conditional Use Permit 94-013 authorizing an
outdoor seating area in conjunction with the
restaurant located at 651 East First street,
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attached hereto.
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3 . The applicant does not propose to have
dancing, amplified music or live
entertainment at this time. Should the
applicant wish to provide dancing or
amplified music in the future, a noise
analysis would be required to ensure that
noise levels would not exceed those
specified in the City of Tustin Ordinance
in compliance wi th the City's outdoor
seating guidelines. Furthermore, a
separate conditional use permit would be
required for live entertainment.
4. The proposed hours of operation are
compatible with other uses in the
surrounding commercial area, including a
SaY-On pharmacy, a Coco's restaurant, and
several grocery stores, all which are
open past 10:30 p.m. nightly.
D. That the proposed project is categorically
exempt (Class 1) pursuant to the California
Environmental Quality Act 15301.
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PASSED AND ADOPTED at a regular meeting of the Tustin
18 Zoning Administrator, held on the 5th day of July, 1994.
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RITA WESTFIE
Zoning Administrato
Designee
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BARBARA REcrES
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Zoning Administrator Action 94-005
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2 STATE OF CALIFORNIA )
COUNTY OF ORANGE )
3 CITY OF TUSTIN )
4 I, BARBARA REYES, the undersigned, hereby certify that I
am the Recording Secretary of the Zoning Administrator of
5 the City of Tustin, California; that Zoning Administrator
Action No. 94-005 was duly passed and adopted at a
6 regular meeting of the Tustin Zoning Administrator, held
on the 5th day of July, 1994.
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9 /BARBARA REYES
Recording Secretary
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EXHIBIT A
ZONING ADMINISTRATOR ACTION 94-005
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 94-013
JULY 5, 1994
GENERAL
(1) 1.1 The proposed project shall substantially cOnform with the
submitted plans dated stamped July 5, 1994 on file with
the Community Development Department as herein modified
or as modified by the Director of Community Development
in accordance with this Exhibit. The Community
Development Department Director may make minor
modifications to the plan if such modifications are
consistent with applicable Code provisions.
(1) 1.2 Unless otherwise specified, the conditions contained in
the Exhibit shall be complied with prior to the issuance
of any building permits for the project, subject to
review and approval by the Community Development
Department.
(1) 1.3 Conditional Use Permit approval shall become null and
void unless all building permits are issued within twelve
(12) months of the date of this Exhibit.
(1) 1.4 The applicant shall sign and return an Agreement to
Conditions Imposed form prior to issuance of building
permits.
(1) 1.5 The applicant and property owner shall hold harmless and
defend the City of Tustin for all claims and liabilities
arising out of the City's approval of the entitlement
process for this project.
(1) 1.6 Final design of the proposed outdoor seating area
including railing and canopy details shall be subject to
the review and approval of the Communi ty Development
Department during plan check. All proposed improvements
shall be compatible with the centerwide improvements
proposed by the property owner.
SOURCE CODES
(1) STANDARD CONDITION
(3) UNIFORM BUILDING CODE/S
(5) RESPONSIBLE AGENCY
(7) PC/CC POLICY
*** EXCEPTION
(2) CEQA MITIGATION
(4) DESIGN REVIEW
(6) LANDSCAPING GUIDELINES
Exhibit A - Zoning Administrator Action 94-005
Conditional Use Permit 94-013
Page 2
PLAN SUBMITTAL
2.1 At building plan check submittal:
(3)
(3)
B.
Three (3) sets of complete architectural plans, and
two (2) sets of structural calculations.
Preliminary technical detail and plans for all
utility installations including water and
electricity. Additionally, a note on plans shall
be included stating that no field changes shall be
made without corrections submitted to and approved
by the Building Official. Requirements of the
Uniform Building Plumbing, Mechanical and
Electrical Codes shall be complied with as approved
by the Building Official.
A.
(7) 2.2 Lighting shall be provided to illuminate the dining area
as required by the Tustin Security Code.
(1) 2.3 Provide a copy of approved plans for the outdoor seating
area from the Department of Alcoholic Beverage Control.
SITE AND BUILDING CONDITIONS
(1) 3.1 The sale of alcoholic beverages shall comply with all
requirements of conditional use permit 93-032 relating to
consumption of alcohol in the outdoor seating area.
(1) 3.2 The outdoor seating area shall contain trash receptacles
for use by the public or restaurant employees wi th
details of such receptacles to be approved by the
Director of Community Development.
(1) 3.3 The outdoor seating area shall be cleaned on a continual,
daily basis for removal of litter and food items which
constitute a public nuisance.
(1) 3.4 Public addresses and outdoor speakers shall not be
audible on adjacent properties.
(1) 3.5 Should the applicant wish to have dancing or amplified
music in the future, a noise analysis should be provided
to the Community Development Department, prior to the
implementation of dancing or amplified music which
guarantees that noise levels will not exceed those
specified in the Tustin Noise Ordinance.
(1) 3.6 Should the applicant desire to provide live entertainment
at the subject location a conditional use permit would be
required.
Exhibit A - Zoning Administrator Action 94-005
Conditional Use Permit 94-013
Page 3
FEES
(1) 4.1 All building permit and plan check issuance fees shall be
paid to the Community Development Department prior to
building permit issuance.
(1) 4.2 Within 48 hours of approval of the subject project, the
applicant shall deliver to the Community Development
Department, a cashiers check payable to the COUNTY CLERK,
in the amount of $25.00 to enable the City to file with
the County Clerk, the appropriate environmental
documentation pursuant to the California Environmental
Quality Act. If within such 48 hours period, the
applicant has not delivered to the Community Development
Department the above noted check, the approval for the
project granted herein shall be considered automatically
null and void.