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HomeMy WebLinkAboutZA 96-001/CUP 95-011, DR 95-025 1 ZONING ADMINISTRATOR ACTION 96-001 2 AMENDMENT TO CONDITIONAL USE PERMIT 95-011 AND DESIGN REVIEW 95-025 3 FEBRUARY 20, 1996 4 The Zoning Administrator of the City of Tustin does 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, to amend Condition No. 8.4 of Conditional Use Permit 95-011 and Design Review 95-025, was filed by Larry W. Gibson Architect & Associates to authorize an increase in the maximum number of allowable seats, f'rom 208 to 226, in conjunction with the establishment of a restaurant with outdoor seating at 1222 Irvine Boulevard. B. That a public hearing was duly called, noticed and held on said application on February 20, 1996 by the Zoning Administrator. C. That the proposed use is allowed within the C- 1, Retail Commercial Zoning District, with the approval of a Conditional Use Permit. D. Pursuant to Tustin . City Code section 9299b4 (d), the Zoning Administrator has the authority to amend Conditions of Approval established by the Planning Commission, provided that the amendments made do not alter the intent of the original land use approval. E. That an increase in the maximum number of allowable restaurant seats from 208 to 226 will not, under the circumstances of this case, alter the intent of the original land use approval, or 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 be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the city of Tustin, as evidenced by the following findings: 1. Findings in support of the original request for the establishment of outdoor seating, the on-site sale of beer, wine and distilled spirits, facade and site renovations and neon signs in conjunction Zoning Administrator Action 96-001 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 II. 22 23 24 25 26 27 28 with a restaurant at 1222 Irvine Boulevard have previously been made, as adopted under Planning Commission Resolution No. 3376, which determined that the establishment, maintenance, and operation of the use applied for would not 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 be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the city of Tustin. 2. A net increase of ten (10) parking spaces will be provided in conjunction with the increase of eighteen (18) seats for the restaurant use. Based on the Tustin city Code section 9232c(2) (f) requirement of one parking space for every three seats, only six (6) additional parking spaces are required to accommodate the proposed increase in seating. Therefore, the proposed increase in seating will have no impact on available parking. F. This project has been determined to be categorically exempt (Class 1) pursuant to section 15301 of the California Environmental Quality Act. G. That the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. The Zoning Administrator hereby amends Condition No. 8.4 of Conditional Use Permit 95-011 and Design Review 95-025 to authorize an increase in the maximum number of allowable seats, from 208 to 226, in conjunction with the establishment of a restaurant with outdoor seating at 1222 Irvine Boulevard. 1 Zoning Administrator Action 96-001 Page 3 2 3 PASSED AND ADOPTED by the Zoning Administrator of the city of Tustin at a regular meeting held on the 20th day of February, 1996. 4 6 R~LI RICK BROWN zoning Administrator 5 7 8,~~ 9 I BARBARA REYES' 10 Recording Secretary 11 STATE OF CALIFORNIA 12 COUNTY OF ORANGE CITY OF TUSTIN 13 14 I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator 15 of the City of Tustin, California; that Zoning Administrator Action No. 96-001 .was duly passed and 16 adopted at a regular meeting of the Tustin Zoning Administrator, held on the 20th day of February, 1996. 17 18 19 ~/~~ 20 BARBARA REYES - - . Recording Secretary 21 22 23 24 25 26 27 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 96-001 CONDITIONS OF APPROVAL AMENDMENT TO CONDZTZONAL USE.PERKZT 95-011 AND DESIGN REVIEW 95-025' GENERAL (1) 1.1 All Conditions of Approval as set forth in Exhibit A of Planning commission Resolution 3376 shall remain in effect, except that Condition No. 8.4 of said Exhibit is , hereby amended as follows: The number of outdoor seats is limited to sixty four (64) seats, and the number of tables is limited to eighteen. The applicant shall ensure that a .three (3) foot clear pedestrian aisle is maintained at all times. These sixty four (64 ) seats shall be accounted for in considering the total number of seats permitted for the subject restaurant. A maximum of 226 seats is permitted for the entire restaurant. For the purpose of calculating the number of seats, 24 inches of booth seating shall be calculated as one seat. (1) 1.2 The proposed project shall substantially conform with the submitted plans for the project date stamped February 20, 1996, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with .this Exhibi.t. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied w.ith prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (2 ) CEQA MITIGATION' (3) UNIFORM BUILDING CODE/S (4) DESIGN.REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREKENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A ZA Action 96-001 Amend. to CUP 95-011 & DR 95-025 Page. 2 (1) 1.4 The subject project approval shall become null and void unless permits for the proposed project are issued within eighteen (18) months of the date of original project approval (August 14, 1995) and substantial construction is underway. Time extensions may be granted if a written request is received by .the Community Development Department within thirty (30) days prior to expiration. The issuance of an ABC license prior to the commencement of substantial construction shall not vest approval of the subject project. (1) 1.5 Approval of this Amendment to Conditional Use Permit 95- 011 and Design Review 95-025 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.6 The applicant shall hold and defend the City of Tustin harmless from all claims and liabilities arising out of city's approvai of the entitlement process for this project. PLAN SUBMl:TTAL (3) 2.1 One (1) additional disabled access parking stall shall be required to accommodate the increased seating capacity. At building plan check, submit three (3) sets of revised construction and site improvement plans, showing the additional disabled access stall and delineating the path of travel from said stall to the entrance of the building. This requirement may be satisfied with no net reduction in total parking by modifying the parking lot striping plan adjacent to the entry plaza of the building. (1) 2.2' At building plan check, also submit three (3) sets of (3) floor plans showing the revised seating layout for a (5) maximum of 226 seats in compliance with ADA standards and applicable UBC and UFC regulations. USE RESTRICTIONS (1) 3.1 Prior to the issuance of a certificate of Occupancy (CO), striping for a minimum of eleven (11) new parking spaces, shall be installed in the location depicted on the approved plans. Exhibit A ZA Action 96-"001 Amend. to CUP 95-011 & DR 95-025 Page 3 FEES (1) 4.1 Prior to the issuance of building permits for any (5) revisions, including those ~ssociated with this approval, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees to the Community Development Department based on the most current schedule. B. New development fees in the amount of $ .10 per square foot of new floor area to the Community Development Department. Note: This fee applies only to the new floor area added to the existing building. c. Major thoroughfare and bridge fees in the amount of $2.84 per square foot of new building area to the Tustin Public Works Department. Note: This fee applies only to the new floor area added to the "existing building. D. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. (1) 4.2 within forty-eight (48) hours of approval of the subject (5) Amendment, 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.