HomeMy WebLinkAboutZA 94-016/CUP 94-025
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ZONING ADMINISTRATOR ACTION 94-016
CONDITIONAL USE PERMIT 94-025
NOVEMBER 7, 1994
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The zoning Administrator of the city of Tustin does
hereby resolve as follows:
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I.
The Zoning Administrator finds and determines as
follows:
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A.
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B.
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C.
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That a proper application, Conditional Use
Permit 94-025, was filed by Tustin Associates
to authorize a common outdoor seating area in
front of the tenant space located at 14945
Holt Avenue in the Courtyard Shopping Center.
That a public hearing was duly called, noticed
and held on said application on November 7,
1994.
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 seating
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
lnjurious 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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zoning Administrator Action 94-016
November 7, 1994
Page 2
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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.
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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.
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II. The Planning Commission hereby approves Conditional
Use Permit No. 94-025 to authorize the
establishment of a common outdoor seating area with
24 seats in front of the tenant space located at
14945 Holt Avenue in the Courtyard Shopping Center,
subject to the conditions attached hereto and
identified as Exhibit A, and incorporated herein by
reference.
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PASSED AND ADOPTED by the Planning Commission of the city
of Tustin at a regular meeting held on the 7th day of
November, 1994.
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/ qMAh-p..,(-4-/ ~AY~
BARBARA REYES ()
Recording Secretary
CHRISTINE A. S
zoning Admini
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Zoning Administrator Action 94-016
November 7, 1994
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
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I, BARBARA REYES, the undersigned, hereby certify that
I am the Recording Secretary of the Zoning Administrator
of the City of Tustin, California; that Zoning
Administrator Action No. 94-016 was duly passed and
adopted at a regular meeting of the Tustin Zoning
Administrator, held on the 7th day of November, 1994.
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//(-J/lil<~ ~1ft/'
BARBARA REYES u
Recording Secretary
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EXHIBIT A
ZONING ADMINISTRATOR ACTION 94-016
CONDXTXONS OF APPROVAL
CONDITIONAL USE PERMIT 94-025
GENERAL
(1) 1.1 The proposed project shall substantially conform with
the submitted plans for he project date stamped November
7 ,. 1994 on file with the Community Development
Department, as herein modif ied or as modif ied 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) 1.4 The applicant and property owner shall sign and return
the Agreement to Conditions Imposed form.
USE RESTRICTIONS
(3) 2.1 The applicant shall maintain a mlnlmum 48" wide sidewalk
around the seating area free and clear of chairs, tables
or trash receptacles. Final specification details of the
tables and chairs shall be approved by the Zoning
Administrator prior to installation.
SOURCE CODES
(1) STANDARD CONDITION
(2) EIR MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
*** EXCEPTION
(5) SPECIFIC PLAN
(6) RESPONSIBLE AGENCY REQUIREMENT
(7) LANDSCAPING GUIDELINES
(8) PC/CC POLICY
Exhibit A
Zoning Administrator Action 94-016
November 7, 1994
Page 2
(8) 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).
(8) 2.3 The outdoor seating area shall be cleaned on a continual
daily basis for removal of litter and food items which
constiture a public nuisuance.
(8) 2.4 Any sign materials placed in the outdoor seating area
shall be in conformance with the Sign Code and the
requirements of the Master Sign Program for the Courtyard
Shopping Center.
(8) 2.5 The outdoor seating area shall be "seating in common" and
shall be available for public use.
(8) 2.6 The outdoor seating area shall be limited to a maximum of
six tables and 24 chairs.
(8) 2.7 No alcoholic beverages shall be consumed in .the outdoor
seating area unless a conditional use permit for the
consumption of alcoholic beverages in an outdoor seating
area is obtained. A fence or structure enclosing the
outdoor eating area would be required to comply with. the
Department of Alcoholic Beverage Control standards in the
event that a conditional use permit for consumption of
alcoholic beverages in the outdoor seating area is
requested.
(8) 2.8 The use of outdoor speakers within the outdoor seating
area is prohibited.
(8) 2.9 Lighting shall be provided to illuminate the dining area
as required by the Tustin Security Code.
(4) 2.10 All umbrellas utilized in the outdoor seating area shall
be made of a solid color canvas material. No copy of any
kind shall be visible on the umbrellas. Final
specification details shall include the use of wood poles
and shall be approved by the Zoning Administrator prior
to installation.
2.11 Umbrellas shall be maintained free of dust and grime.
Torn or broken umbrellas shall be immediately repaired or
replaced and shall be maintained by the property owner.
Exhibit A
Conditions of Approval
Conditional Use Permit 94-025
Page 3
FEES
(1) 3.1 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.