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HomeMy WebLinkAboutZA 95-017 / CUP 95-021 1 ZONING ADMINISTRATOR ACTION 95-017 CONDITIONAL USE PERMIT 95-021 2 OCTOBER 2, 1995 3 The Zoning Administrator of the City of Tustin does hereby resolve as follows: 4 I. The Zoning Administrator finds and determines as follows: 5 6 That a proper application, Conditional Use Permit 95-021, was filed by Sanderson J. Ray Development Co. to authorize common outdoor seating areas within the front arcade in the Tustin Ranch Plaza. A. 7 8 9 That a public hearing was duly called, noticed and held on said application on October 2, 1995 by the Zoning Administrator. B. 10 11 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 fall-owing findings: C. 12 13 14 15 1) The establishment of outdoor seating areas will enhance the pedestrian environment by providing seating and a human scale to the project. 16 17 2) There is adequate parking on site to accommodate the use. 18 19 3) The proposal is consistent with specific guidelines established by the Planning Commission related to outdoor seating areas. 20 21 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. 22 23 24 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. 25 26 27 28 1 Zoning Administrator Action 95-017 October 2, 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. 95-021 to authorize the 6 establishment of common outdoor seating areas to include a total of 6 benches, 7 large tables and 7 13 small tables, with a total of 54 seats within the front arcade of Tustin Ranch Plaza, subject to 8 the conditions attached hereto and identified as Exhibit A, and incorporated herein by reference. 9 10 PASSED AND ADOPTED bY.the Zoning Administrator of the City'of Tustin at a regular meeting held on the 2nd day 11 of October, 1995. 12 13 //:/ ./(/~u ~ CHRISTINE SHINGL N Zoning Administrator 14 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. 95-017 was duly passed and 23 adopted at a regular meeting of the Tustin Zoning Administrator, held on the 2nd day of October, 1995. 24 25 :: ~RE!!r- Recording Secretary 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 95-017 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT' 95-021 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 2, 1995 on file with the Community Development Department, as herein modified or as modified by the Zoning Administrator 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 seating ar~a, subject to review and approval by the Zoning Administrator and 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 an "Agreement to Conditions Imposed" form prior to establishment of the additional outdoor seats. USE RESTRICTIONS (3) 2.1 The applicant shall maintain a m1n1mum 60" wide sidewalk around the seating area free and clear of chairs, tables, trash receptacles, potted plants or other objects. (8) 2 .2 The outdoor seating areas shall contain trash receptacles for use by the public or Center employees. Any new receptacles shall be of the same design and color as existing within the Center. (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. 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 95-021 Page 2 (1) 2.4 No alcoholic beverages shall be consumed in the outdoor seating area unless a Conditional Use Perm~ t 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 sha.ll 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 maintained to illuminate the outdoor seating area as required by the Tustin Security Code. (4) 2.9 The proposed umbrellas shall be a solid teal or burgundy color, Morgan or Marketplace style, and shall be maintained in good condition. No sign copy or names of any kind shall be visible on the umbrellas. (4) 2.10 The tables, chairs and benches shall be teal in color and match the existing furniture on the site. (4) 2.11 The large tables in front of Ralph's Market and the large tables in front of Subway and Boston Market shall be relocated to provide a minimum 5 foot clearance for pedestrians. Final placement of tables and benches is subject to approval of the Community Development Department prior to installation. (4) 2.12 Small tables at outer edge of walkway in front of pick Up stix shall maintain a five foot clearance for pedestrians. Final placement of tables and benches is subject to approval of the Community Development Department prior to installation. Exhibit A Conditions of Approval CUP 95-021 Page 3 PLAN SUBMITTAL (1) 3.1 Submit three (3) sets of seating plans to the Community Development Department for compliance with the requirements of the Uniform Building Codes and state Handicap Code as approved by the Building Off icial. 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. FEES (1) 4.1 within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $25.00 (twenty-five dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.