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HomeMy WebLinkAboutZA 95-011 / CUP 95-004 1 2 ZONING ADMINISTRATOR ACTION 95-011 CONDITIONAL USE PERMIT 95-004 JUNE 5, 1995 3 The Zoning Administrator of the City of Tustin does 4 hereby resolve as follows: 5 I. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Zoning Administrator finds and determines as follows: A. That a proper application, Conditional Use Permit 95-004 was filed by Sanderson J. Ray Development Co. to authorize a common outdoor seating area in front of the tenant spaces located at 13201 Jamboree Road in the Tustin Ranch Plaza. B. That a public hearing was duly called, noticed and held on said application on June 5, 1995 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, 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 si te to accommodate the use. 3) The proposal is consistent with specific guidelines established by the Planning Commission related to outdoor seating areas. 4) The design, color and materials of the tables and chairs are consistent with the style and character of the Center and other outdoor furniture existing within the Center D. That 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 for the reasons stated in Section C above. 1 Zoning Administrator Action 95-011 June 5, 1995 Page 2 2 E. 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. 3 4 5 II . The Zoning Administrator hereby approves Conditional Use Permit No. 95-004 to authorize the 6 establishment of a common outdoor seating area with 19 seats in front of the tenant space located at 7 13201 Jamboree Road subject to the conditions attached hereto and identified as Exhibit A, and 8 incorporated herein by reference. 9 PASSED AND ADOPTED by the Zoning Administrator of the 10 City of Tustin at a regular meeting held on the 5th day of June, 1995. 11 Zoning Designee 12 13 14 15' 16 ~~ ?/;J~? BARB REYES ~ Recording Secretary 17 18' STATE OF CALIFORNIA 19 COUNTY OF ORANGE CITY OF TUSTIN 20 21 I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator 22 of the City of Tustin, California; that Zoning Administrator Action No. 95-011 was duly passed and 23 adopted at a regular meeting of the Tustin Zoning Administrator, held on the 5th day of June, 1995. 24 25 26 ~1i' ~~ BARB REYES -r Recor ing Secretary 27 28 GENERAL (1) (1) (1) (1) ZONING ADMINISTRATOR ACTION 95-011 CONDITIONS OF APPROVAL COND~T~ONAL USE PERMZT 95-004 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped June 5, 1995 on file with the Community Development Department, as herein modif ied or as modif ied by the Zoning Administrator in accordance with this Exhibit. 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 Zoning Administrator and the Community Development Department. 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. 1.4 The applicant 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. Specific details of the tables and chairs shall be consistent with the concept plans and 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 Center employees with details of such receptacles to be approved by the Zoning Administrator. SOURCE CODES (1) STANDARD CONDITION (2) EIR MITIGATION (3) UNIFORM BUILDING CODEts (4) D~SIGN REVIEW *** EXCEPTION (5) SPECIFIC PLAN (6) RESPONSIBLE AGENCY REQUIREMENT (7) LANDSCAPING GUIDELINES (8) PC/CC POLICY Exhibit A Conditions of Approval CUP 95-001 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 Ranch Plaza. 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 use of outdoor speakers within the outdoor seating area is prohibited. (8) 2 · 8 Lighting shall be provided to illuminate the outdoor seating area as required by the Tustin Security Code. (4) 2.9 Any umbrellas utilized in the outdoor seating area shall be reviewed and approved by the Director of Community Development. No copy of any kind shall be visible on the umbrellas. PLAN SUBMITTAL (1) 3.1 At building plan check submit construction plans, and structural calculation information. Requirements of the Uniform Building Codes, and state Handicap Code 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. Exhibit A Conditions of Approval CUP 95-001 Page 3 FEES (1) 4.1 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. Payment shall be made based upon those rates in effect at the time of permit issuance and are subject to change.