HomeMy WebLinkAboutZA 94-017/CUP 94-026, DR 94-026
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ZONING ADMINISTRATOR ACTION 94-017
CONDITIONAL USE PERMIT 94-018, DESIGN REVIEW 94-026
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.
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C.
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D.
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The Zoning Administrator finds and determines as
follows:
A.
That a proper application , Conditional Use
Permit 94-018, and Design Review 94-026 was
filed by MVA Architects on behalf of the RREEF
Funds to authorize a common outdoor seating
area in front of the tenant spaces located at
1102 -1108 Irvine Boulevard in the Tustin
Heights Shopping Center.
B.
That the project is located within the Town
Center Redevelopment Project Area. Pursuant
to City Code Section 9299(b) (3) (c), the Zoning
Administrator has the authority to approve
Design Review applications within the City's
Redevelopment Areas.
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.
Zoning Administrator Action 94-017
November 7, 1994
Page 2
II. The Zoning Administrator hereby approves
Conditional Use Permit No. 94-018 to authorize the
establishment of a common outdoor seating area with
32 seats in front of the tenant spaces located at
1102 - 1108 Irvine Boulevard; and Design Review 94-
026 to authorize parking lot modifications in
Tustin Heights Shopping Center subject to the
conditions attached hereto and identified as
Exhibit A, and incorporated herein by reference.
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G.
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H.
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E.
That the establishment, maintenance, and
?p~ra~ion of the use applied for will not be
lnJurlous or detrimental to the property and
improvements in the neighborhood of the
subject property, nor to the general welfare
of the City of Tustin for the reasons stated
in Section D above.
F.
Pursuant to Section 9272 of the Tustin
Municipal Code, the Zoning Administrator finds
that the architectural features, materials and
colors will not impair the orderly and
harmonious development of the area, the
present or future development therein, or the
occupancy as a whole. In making such
findings, the Zoning Administrator has
considered at least the following items:
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Setbacks and site planning.
2.
Landscaping, parking area design and
traffic circulation.
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Physical relationship of proposed
structures to existing structures in the
neighborhood.
4.
Development Guidelines and criteria as
adopted by the city Council.
Proposed development shall be in accordance
with the development policies adopted by the
City Council, Uniform Building Codes as
admini$tered by the Building Official, Fire
Code as administered by the Orange County Fire
Marshal and street improvement requirements as
administered by the City Engineer.
It has been determined that this project is a
minor alteration to an existing facil.ity and
is, therefore, Categorically Exempt (Class 1)
from the California Environmental Quality Act.
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Zoning Administrator Action 94-017
November 7, 1994
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PASSED AND ADOPTED by the Zoning Administrator of the
City of Tustin at a regular meeting held on the 7th day
of November, 1994.
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CHRISTINE A. S
Zoning Adminis
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:Jud~A-y- ~r
,:/ BARBARA REYES
Recording Secretary
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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. 94-017 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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/ ~A~7<~ /I? ~..
BARBARA REYE~
Recording Secretary
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EXHIBIT A
ZONING ADMINISTRATOR ACTION 94-017
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 94-018
DESIGN REVIEW 94-018
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 Communi ty 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 minimum 48" wide sidewalk
around the seating area free and clear of chairs, tables
or trash receptacles. Specification details of the
tables and chairs shall be approved by the Zoning
Administrator prior to installation.
(8) 2.2 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.
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
Conditions of Approval
CUP 94-018, DR 94-026
Page 2
(8) 2.3 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) 2.4 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) 2.5 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 Tustin
Heights Shopping Center. All necessary permits shall be
obtained for any such signs.
(8) 2.6 The outdoor seating area shall be "seating in common" and
shall be available for public use.
(8) 2.7 The outdoor seating area shall be limited to a maximum of
eight tables and 32 chairs.
(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 outdoor
seating area as required by the Tustin Security Code.
(4) 2.10 All umbrellas utilized in the outdoor seating area shall
be made of canvas material to match the existing awning
material. No copy of any kind shall be visible on the
umbrellas. Final details shall include the use of wood
poles and shall be approved by the Zoning Administrator
prior to installation.
(4) 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
CUP 94-018, DR 94-026
Page 3
PARKING LOT MODIFICATIONS
(4) 3.1 The property owner shall upgrade and repair existing
concrete and asphalt within the 60-foot wide easement
over the southeasterly 60-feet of the southeasterly
516.40 feet of the subject lot, in the vicinity of the
eleven proposed parking spaces.
(4) 3.2 The fence and gates around the outdoor garden center of
the eastern most tenant space of the shopping center
shall be repaired, maintained and kept closed.
(1) 3.3 Submit at plan check complete detailed
(4) landscaping and irrigation plans for all new
(7) landscaping areas consistent with adopted City of Tustin
Landscaping and Irrigation Submittal Requirements.
Provide summary table applying indexing identification to
plant materials in their actual location. The plant
table shall list botanical and common names, sizes,
spacing, actual location and quanti ty of the plant
materials proposed. Show planting and berming details,
soil preparation, staking, etc. The irrigation plan
shall show location and control of backflow prevention
devices if applicable (screened from view from right-of-
way and on-site by shrubs), pipe size, sprinkler type,
spacing and coverage. Details for all equipment shall be
provided. Show all property lines on the landscaping and
irrigation plan, public right-of-way areas, sidewalk
widths, parkway areas, and wall locations where
applicable. The Department of Community Development may
request minor substitutions of plant materials or request
additional sizing or quantity. Note on plans that
adequacy of coverage of landscaping and irrigation
materials is subject to field inspection at project
completion by the Department of Community Development.
(1) 3.4 The submitted landscaping plans at plan check
(4) shall reflect the following requirements:
(7)
a. One (1) 15 gallon tree for each five (5) parking
stall shall be planted within the landscape planter
and five (5) - 5 gallon shrubs shall be planted per
25 lineal feet of planter area.
b. A combination of planting materials shall be used
in all landscape areas.
Exhibit A
Conditions of Approval
CUP 94-018, DR 94-026
Page 4
c. Ground covers shall be planted between eight (8)
and twelve (12) inches on center.
d. All plant materials shall be installed in a healthy
vigorous condition typical to the species and
landscaping must be maintained in a neat and
healthy condition. This will include but not be
limited to trimming, mowing, weeding, removal of
litter, fertilizing, regular watering, or
replacement of diseased or dead plants.
PLAN SUBMITTAL
(1) 4.1 At building plan check submit construction plans, and
structural calculations information. Requirements of the
Uniform Building Codes, state Handicap and Energy
Requirements shall be complied with as approved by the
Building Official. Additionally, a note on plans shall
be included stating that no field changes shall be made
wi thout corrections submi tted to and approved by the
Building Official.
(4) 4.2 Include an updated parking summary for Tustin Heights
Shopping Center indicating the addition of the proposed
parking spaces on the si te plan. According to the
Community Development Department records, the shopping
center currently has 593 parking spaces.
FEES
(1) 5.1 Payment of but not limited to, building plan check and
permit fees to the Community Development Department shall
be made prior to issuance of any building permits in
accordance with the Tustin City Code.
(1) 5.2 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.