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HomeMy WebLinkAboutZA ACTION 05-006 ZONING ADMINISTRATOR ACTION 05-006 CONDITIONAL USE PERMIT 05-003 1621 EDINGER AVENUE, SUITE B The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. A proper application, Conditional Use Permit 03-005, was filed by Starbucks Coffee, requesting authorization to provide 15 seats, five (5) tables, and three (3) umbrellas outside in front of a 1,300 square foot restaurant (coffee house) under construction at 1621 Edinger Avenue, Suite S, within the Planned Community Industrial (M) zoning district and Industrial General Plan land use designation. B. The proposed use is consistent with the requirements of the Industrial (M) zoning district in that a conditional use permit is required for restaurant uses and for outdoor dining. Conditional Use Permit (CUP 02-026) approved the restaurant (coffee shop) use and the subject application is appropriate for the outdoor seating component of the business. C. The proposed use is consistent with the policies of the Industrial General Plan land use designation which, as indicated in Land Use Element Table LU-2, provides for the establishment of light industrial and commercial uses. The project has been determined to be consistent with the Air Quality sub-element of the City of Tustin General Plan in that the project has no "Daily Thresholds of Potential Significance for Air Quality" as indicated in Table 6-2 of the South Coast Air Quality Management District's CEQA Air Quality Handbook. D. The proposed use is compliant with the conditions of approval contained in Conditional Use Permit (CUP 02-026) which approved uses for the center (including coffee shops), center architecture, and center parking. E. The outdoor seating area is consistent with Planning Commission Resolution No. 2490 that established policies and requirements for outdoor seating areas including the requirement for a conditional use permit in that: 1. Alcoholic beverages will not be sold at the business; 2. Parking spaces required for the coffee shop corresponds directly to the number of seats provided; 3. As conditioned, a waste receptacle shall be placed near the seating area and the area is required to be cleaned on a continual basis; 4. All outdoor furniture is placed out of the way of the required path of travel for persons with disabilities. 5. All outdoor furniture is compatible to the colors, materials, and design of the shopping center; 6. No signage is permitted in the outdoor seating area; Zoning Administrator Action 05-006 Page 2 7. The use is distanced away from any sensitive uses as defined in Resolution 2490; and, 8. Conditions of approval have been placed on the property to ensure the outdoor dining is compatible with the center. F. That the establishment, maintenance, and operation of the proposed use 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, 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 in that: 1 . The proposed use is consistent with the zoning and development standards for the property and will operate in accordance with policies and requirements of the Guidelines for Outdoor Seating as established by Planning Commission Resolution No. 2490. 2. As approved, Starbucks Coffee will have a maximum of 15 outdoor seats, five (5) tables, three (3) umbrellas, fourteen (14) indoor seats, and six (6) indoor tables. With 124 on-site parking spaces, Starbucks Coffee is authorized to provide a total of 29 seats which requires 9.66 on-site parking spaces. The proposed outdoor seating can be accommodated by the number of parking spaces provided in the center. 3. Consistent with the City of Tustin's Guidelines for Outdoor Seating, the outdoor seating area is not in close proximity to any residential, school, or religious worship use in that it is located in a large commercial center with a self storage facility to the east, an on-site retail building and Edinger Avenue to the south, Red Hill Avenue to the west, and railroad tracks to the north. 4. The proposed use will not have an effect upon the aesthetics of the area in that the proposed chairs, tables, and umbrellas are constructed of weather resistant materials and exhibit colors and design characteristics that complement the building. 5. Operational hours of 7:00 a.m. to 10:00 p.m. for the coffee house, and associated outdoor seating, are appropriate in that the hours coincide with those of a typical retail center coffee shop use. 6. As conditioned, no live entertainment or amplified noise is permitted. G. The application was reviewed by the Zoning Administrator on May 23, 2005. Zoning Administrator Action 05-006 Page 3 H. This project is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 23rd day of May, 2005. ~k Eloise Harris RECORDING SECRETARY ~~V~ Dana Ogdon ACTING ZONING DMINISTRATOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, 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. 05- 006 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 23rd day of May, 2005. ~d~ Eloise Harris RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 05-003 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 23, 2005, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 All conditions in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 05-003 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 As a condition of approval of Conditional Use Permit 05-003, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third-party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. (1) (2) (3) (4) ... SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODEtS DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Zoning Administrator Action 05-006 Page 2 The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE RESTRICTIONS (1) 2.1 A maximum of 15 outdoor seats, five (5) tables, and three (3) umbrellas is allowed outdoors directly in front of the tenant space in accordance with the approved plans. A maximum of 14 seats may occur inside the business. Any change to the maximurn number of indoor and/or outdoor seats requires written approval of the Community Development Department. (1) 2.2 The proposed outdoor trash receptacle shall be metal, stone, or wood and painted green or black to match the other outdoor furniture. No resin or plastic furniture shall be permitted. Any change to the approved design, material, or color of the outdoor furniture requires written approval of the Community Development Department. (1) 2.3 The outdoor seating area trash receptacle shall be cleaned on a continual and daily basis to ensure timely removal of litter and food items. (1) 2.4 No amplified noise or live entertainment is permitted unless authorized in writing by the Community Development Department. (1) 2.5 A minimum of one foot (1) footcandle lighting shall be provided in the outdoor seating area, consistent with the Tustin Security Code. FEES (2) 3.1 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 forty-three ($43.00) 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.