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HomeMy WebLinkAboutZA 96-008/CUP 96-010 1 ZONING ADMINISTRATOR ACTION 96-008 CONDITIONAL USE PERMIT 96-010 AND DESIGN REVIEW 96-032 JULY 22, 1996 2 3 4 The Zoning Administrator of the City of Tustin does hereby resolve as follows: 5 6 I . 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 96-010 and Design Review 96-032, was filed by. Rodney Bechtel to authorize an expansion of outdoor seating at an existing restaurant located at 765 El Camino Real. B. That the proposed use is allowed within the C- 2P, Central Commercial/Parking Overlay District, with the approval of a Conditional Use Permit. C. That a public hearing was duly called, noticed and held on said application on July 22, 1996 by the Zoning Administrator. D. That establishment, maintenance, and operation of outdoor seating in conjunction with a ~ restaurant use, as conditioned, will not be detrimental to the heal th, 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. The application is in compliance with the City's adopted guidelines for outdoor seating in conjunction with restaurant uses, which have been established and considered to ensure compatibility with surrounding uses. 2 . Adequate parking will be provided for the outdoor seating areas pursuant to Section 9232c(2) (f) of the Tustin City Code. Zoning Administrator Action 96-008 Page 2 1 2 3 4 5 6 7 8 9 E. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 . The design, color and materials of the outdoor furnishings, as conditioned, are consistent with design goals of .the City's adopted guidelines for outdoor seating in conjunction with restaurant uses. 4. The nearest residential uses are separated from the proposed outdoor dining areas by a minimum distance of 200 feet, which is consistent with the minimum distance of 200 feet recommended by the City's adopted guidelines for outdoor seating areas. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 96 - 032 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 Commission has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site planning. 3. Landscaping, parking area design and traffic circulation. 4 . Location, height and exterior illumination. of standards 5. Location and method of refuse storage. 6 . Physical relationship improvements to existing the neighborhood. of proposed structures in 7. Appearance and design relationship of proposed improvements to existing structures and possible future structures in the neighborhQod and public thoroughfares. 8. Development Guidelines and criteria as adopted by the City Council. Zoning Administrator Action 96-008 Page 3 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. II. The Zoning Administrator hereby approves Conditional Use Permit No. 96-010 and Design Review 96-032 to authorize an expansion of outdoor seating at an existing restaurant located at 765 EI Camino Real. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 22nd day of July, 1996. a~x.:/L73~ Elizabeth Binsack Zoning Administrator ~!:?J BARBARA REYES Recording Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 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. 96-008 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 22nd day of July, 1996. ~~ Recording. Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 96-008 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 96-010 AND DESIGN REVIEW 96-032 GENERAL (1) 1.1 The proposed proj ect shall substantially conform with the submitted plans for the project date stamped July 22, 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 Exhibit. 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) 1.2 Compliance with approved plans shall be inspected by the Community Development Department prior to the installation of the tables and chairs. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the establishment of the new outdoor seating area, subject to review and approval by the Community Development Department. (1) 1.4 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) 1.5 The applicant and property owner shall sign and return an "Agreement to Conditions Imposed" form prior to establishment of the additional outdoor seats. PLAN SUBMITTAL (1) 2.1 Submit three (3) sets of site improvement plans to the Building Division for the inclusion of at least one (1) van-accessible disabled access parking space prior to the installation of additional seating. The parking space must be located so that disabled users are not required to pass behind parking spaces other than their own. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTION (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Zoning Administrator Action 96-008 Page 3 USE RESTRICTIONS (4) 3.1 The size and shape of the planters shall be consistent with the specifications identified on the site plan subject to final approval by the Director of Community Development. (4) 3 .2 The proposed umbrellas shall be maintained in good condition. No sign copy or names of any kind shall be visible on the umbrellas. (1) 3.3 Solid metal, or wood with solid metal framing, self closing, self latching gates shall be installed onto the existing trash enclosure north of the restaurant building prior to the installation of the tables and chairs. The color of the gates shall be almond or brown. (1) 3.4 Authorization for outdoor seating is contingent upon the use of the subject site remaining a restaurant or other eating establishment. At such time that a restaurant use is discontinued, the use permit becomes null and void. *** 3.5 The number of outdoor seats shall be limited to forty (40), which includes the sixteen (16) fixed seats existing prior to the approval of this Conditional Use Permit. (1) 3.6 The outdoor seating areas shall be used only in conjunction with operation of the restaurant. During operating hours, all outdoor seating and related fixtures shall be confined to the locations depicted on the approved si te plan. Any furni ture not permanently affixed to the ground shall be removed and properly stored after business hours to prevent theft or loitering. (7) 3. 7 The outdoor seating area shall be cleaned on a continual, daily basis for removal of litter and food items which constitute a public nuisance. The design of" any trash receptacles to be placed within the outdoor seating area shall be compatible with the other elements of the outdoor seating area, as determined by the Community Development Department. (7) 3.8 The applicant and/or property owners shall be responsible for the daily maintenance and up-keep of the facility, including but not limited to trash removal, painting, graffiti removal and maintenance of improvements to ensure that the facilities are maintained in a neat and attractive manner. All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structures and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. Exhibit A Zoning Administrator Action 96-008 Page 3 . (1) 3'.9 Opaque materials and signage shall not cover more than 25 percent of the aggregate area of all windows and doors of the restaurant. Existing, unauthorized window signs shall be removed. (7) 3.10 Outside public address speakers, telephone bells, buzzers and simi.lar devices which are audible to adj oining properties are prohibited. (7) 3.11 Lighting shall be maintained to illuminate the outdoor seating area as required by the Tustin Security Code. (1) 3.12 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 approved. (1) 3.13 Any violations of the Tustin City Codes or Conditions of Approval of this Conditional Use Permit shall be grounds for initiation of revocation proceedings of the Conditional Use Permit. FEES (1) 4.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following: A. Building plan check and permit fees, if applicable, to the Communi ty Development Department based on the most current schedule. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. (1) 4.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight 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.