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HomeMy WebLinkAboutCUP 05-003 3 DATE: MAY 23, 2005 ~ Inter-Com. TO: FROM: ZONING ADMINISTRATOR COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 05-003 APPLICANT: MCG ARCHITECTURE ATTN: ABBEY SAHLE 18201 VON KARMAN AVE., SUITE 250 IRVINE, CA 92612 PROPERTY OWNER: DAVID SPIEGEL 13369 VENTURA BLVD. SHERMAN OAKS, CA 91423 LOCATION: 1621 EDINGER AVENUE, UNIT B ZONING: INDUSTRIAL ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: AUTHORIZATION TO PROVIDE 15 OUTDOOR SEATS, FIVE (5) TABLES, AND THREE (3) UMBRELLAS FOR A COFFEE HOUSE RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 05-006 approving Conditional Use Permit 05-003. BACKGROUND On May 12, 2003, the Planning Commission approved Design Review 02-032 and Conditional Use Permit (CUP 02-026) for the construction of a 22,208 square foot retail center and a 75,491 square foot self-storage facility with a caretaker unit on the subject 5.164-acre site. The center is restricted to a maximum of 123 seats for all combined restaurant uses. Construction of the center is currently underway. Zoning Administrator Report CUP 05-003 May 23, 2005 Page 2 ( The site is located in the Industrial (M) zoning district and Industrial General Plan land use designation. Section 9242b of the Tustin City Code requires a Conditional Use Permit for retail and restaurant uses in the Industrial zoning district and all retail and restaurant uses in the center were pre-approved under CUP 02-026. A Conditional Use Permit is required for the proposed outdoor seating in accordance with the City's Policy, as indicated in the Guidelines for Outdoor Seating approved under Planning Commission Resolution 2490, and as required by Condition 5.7 of CUP 02-026. Pursuant to Tustin City Code Section 9299b(3)(e), the Zoning Administrator has authority to consider the request. Site and Surrounding Properties The site is an elongated triangular shaped property with the smallest angle pointing east. Red Hill Avenue is to the west, Edinger Avenue is to the south and east, and the OCTA/SCRRA railroad right-of-way is to the north of the site. The commercial buildings are being constructed on the west half of the site and the self-storage facility is under construction on the east half of the site. The proposed outdoor seating would occur at the northwesterly end of the building adjacent to Red Hill Avenue. (Attachment A - Location Map). DISCUSSION / Project Description The applicant is requesting authorization for outdoor seating for a Starbucks Coffee. The proposed exterior seating area would be 165 square feet and would contain 15 seats, five (5) tables, and three (3) umbrellas placed in front of the tenant space which is separated from the parking lot with a raised concrete pad that has a potted plant barrier at the south perimeter (Attachment B - Submitted Plans). As confirmed by the Building and Safety Division, a path of travel that is compliant with the Americans with Disabilities Act is provided between the outdoor seating and the storefront entrance. The interior tenant space will be 1,300 square feet with 14 seats and eight (8) tables. The total combined number of seats for the proposed use is 29 which, when considering that the center is limited to a total of 123 seats for restaurant uses, will leave the center with 94 seats to distribute between three (3) other restaurant uses (Quiznos, Frescas, and Sushi.l) that currently have applications in processing. No surplus seats are expected to result after all food use applications are complete. The City of Tustin's Guidelines for Outdoor Seating note that outdoor dining areas should be designed to be compatible with surrounding uses with regards to proximity to sensitive uses (I.e., schools, residential, church), exterior noise, hours of operation, and aesthetics, and create a pedestrian-oriented atmosphere with adequate access and landscaping. The proposed 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 ~, Zoning Administrator Report CUP 05-003 May 23, 2005 Page 3 Avenue to the west, and railroad tracks to the north. Given the uses location next to two (2) major arterial roadways (Red Hill and Edinger Avenues) and an active railroad track, the outdoor seating is not expected to increase the ambient noise of the area. Pursuant to Condition 5.3 for CUP 02-026 Starbucks Coffee may be open daily from 7:00 a.m. to 10:00 p.m. To extend the hours of operation, the applicant may submit a revised noise analysis to identify potential noise impacts. If the analysis shows that no impacts would occur, the Community Development Department is authorized to administratively modify the hours of operation. The proposed number of seats, location, furniture type, and landscaping are consistent with the policies and requirements of Resolution No. 2490 and the proposed colors and materials of the outdoor furniture would be compatible with the center's colors and materials. The chairs would consist of a metal frame painted black or green with laminated wood slats for the seat and backrest (Attachment B - submitted plans). The tables would be 28 inches in diameter and consist of rust resistant metal painted black or green. The umbrellas would be slightly over eight (8) feet tall, five (5) feet wide, and would consist of wood posts and green canvas. Required parking for the site was pre-approved under CUP 02-026. As part of the approval, restaurant seating was considered. A total of 124 parking spaces will be available to accommodate the proposed use, all other commercial uses, and a self- storage facility as shown in the table below: Use Area (Square Feet) Parking Ratio Parking Parking Sauare feet Reauired Provided Retaii 9,808 1/200 49 49 Office 4,500 1/250 18 18 Food 7,900 1 per 3 seats 31.3 31.3 (94 seats . Starbucks 1,300 1 per 3 seats 9.6 9.6 (29 seats) Total 22,208 108 108 Caretaker Unit None NIA Self-Storage 75,491 Office - 4 spaces 12 16 1/10,000 of gross floor area of storaoe use TOTAL 120 124 Standard Condition 1.1 requires the applicant and property owner to comply with the approved plans that staff has reviewed and determined to be in compliance with Resolution No. 2490 (Outdoor Seating Areas). In addition, Conditions 2.1 through 2.5 are included to require continuous clean-up of the outdoor area to ensure timely removal of litter and food items, to require that the outdoor trash receptacle will not be plastic and Zoning Administrator Report CUP 05-003 May 23, 2005 Page 4 r will be painted back or green, to prohibit amplified noise or live entertainment unless authorized in writing by the Community Development Department, and to require a minimum of one foot (1) footcandle lighting to be provided in the outdoor seating area, consistent with the Tustin Security Code. Conditions were not placed on this project prohibiting outdoor vending machines, outdoor pay telephones, outdoor storage, public announcement or sound amplification systems because they already exist in CUP 02- 026, which is the underlying entitlement for the subject property. CUP 02-026 also contains conditions pertaining to truck deliveries, trash pick up, closure of business doors and, hours of business operation. ANALYSIS A decision to approve the project may be based upon the findings and conditions of approval contained in Zoning Administrator Action No. 05-006. / , Attachments: A - Location Map B - Submitted Plans C - Zoning Administrator Action No. 05-006 S:\Cdd\ZAREPORT\2005\CUP05-003.doc ~ ATTACHMENT A Location Map CONDITIONAL USE PERMIT 05-003 1621 EDINGER AVENUE, SUITE B TUSTIN CITY MAP / ~- l~' ,( LEGEND ..._... 1usn~cnn"'TS _.._..~ crrvU''''TSIO~-Ilm) ~ ATTACHMENT B Submitted Plans =ill AAAe" :5~ ~--"~-~7 ~:..-r=p:-~7 ~:"-~-~7 ~i I "Y~ / ',y // "V / ;!iiI~ '1/ V ~~~ ,1/ "' / ,1/ -~~ '" Il-~*-'-~I '" ilnt ' , "I~ : I ~ i i r--l I @ , '" .I. 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U~ ~ ffi ILl:! e: & ~~ ~~i~ " ~ ~ ~~::~ ~hP .EB ;; . ~ . ~8 a Q~ ill 1.1, lUll lIfh,! Iff !lllh 175345 I TAGS F605 DESCRIPT1ON: Outdoor chair - Bijou Page 2 of2 - I TAGS F609 175346 "DEsCRIPTION: Photo's Table Outdoor 28" BIJou /- /~ ,,---... ROUP 185540 I TAG F601 DESCRIPTION: UMBRELLA BASE WISECURITY PIN -uPATnSON I 8TARBUCKS 8ASE SKU#18554<l _J LJMBRELLA BASE WITH SECURITY PIN I FOR STARBUCKS COFFEE i STARBUCKS BASE S....my iii. hill. stt2"-lridhil&,down (tom-top 14 112" overall height 1.:.Size & Shape: "24- Oi..melel; 75lbli,Rou nd 2. Base COnstruction:C....llro. 3. New Color: New l:ilem~>ht. BroRze 4..Specs:OveraIlIUbe hsiQht-14 1/2''. B...s1ubs incl.udes.. dr..in..ge hole. ,aecuritvpinhole is ..pprox5 112" from1op ofhaselUbl:L5foo1pads are secur9d10 botto""Of b....e which aHoWS for Isveling ofground.surf..ce. 5. Powd.,COllt: a..se h...heen powder coated 10 prevent rU$t. _~TARBUCI{S SECURITY ..}I\J__. 1. BalieSilcUrityPillwith Clasp: Aftor bottorn pols i. secured in1pl''',so,!he security pin should be inserted intO ifUgned holes of b,e.",llndbottom pole, pss.ing lht<)ugh to the opposite ond of bese tUbe. 2..5ecurity pin hOle is loc..ted ..pprol<. 5 l/2-from lop of b..setubo. r'-'----~--_.~-----.-\ i INSTRUCTIONS ~ --.-..---,' Ins~rt8ecuritypin. passing throughbaee tube holsto opposite snd of bass tubs. Seeuro :clasp_on bracket fo-r.a secure fit. 4. Steal 80tts Pin; 2 518" length " C - 7';)='=' . .-". ~ ~ Bracket 2" diamotor 11"Chiiin ,I!" THE PATTISON GROUP Oli 1/2004 I 185297 I TAG F602 DESCRIPTION: UMBRELLA ~PA'TT.SON I STARBUCKS UMBRElLA SKUi/185297 ~ MARKET UMBRELLASPECIFICATIONS FOR STARBUCKS COFFEE Ai.i": 6112." Logo !tplhholU fat' ,..anopy s:ectJrement SPECIFICATIONS j ~Br'8sG'plated$(;rew on'OOI1nector 1. Size and Shllpe: 5'x5' Sq u~rs;-ehipplng weight . "pprox: 181bs. 2. Frame Construction: Kemp~s Hardwood fn.me, 11/2"j1iameter +-- BOttom pole pole, str~ight ~ouplfng with sectionoJ.bottom pole. 1001/2" over~1I height, 4 ribs. Includes bottom polewith b~"'88curity pin. Manual lift with'3 pin positions. Pin p08'ition'8:may be inserted in either of 3 pin holes for coveracljustment from tight 10 loo.er fit. NOTE: Cover will stretch easier in Warmweather and fltiighter in colder weather. 3. Fllbric: Glen Raven Mills, Sunbrell~ HemlockTweed, Firesist #8605, F~bric i.Solution-dyed mod~cr~lic, Approx. 9.25 oz. 1* 8q.. \I~rd. Mildew resist.nt,Wovenf.bric m.de'l00%!>EF/FFself.eltlingu'i.hing fibers. 4. Canopv: pooket ~ornaretriple.""inforcad witheXlra material stitched over main fobric panels. 5. AirVent: Custom ,de.ign,,,quare(fpr oir f1owl. Ven!.i. eecWed tp main pa.nele with fabri~.tie.which ere screwed, into. frame. A grommet-hole is_.appliedto center of vent to allow;for,c:enter positioning Qf u mbreJla cover. Refer to wind cOllditionson w~rrenfy pege. 6. Valance Size: 6112" With .creen print of Starbuck4logo in white on each flap. 7. Bottom pole connector: Bre... plete i. at t>ottc;itn end of pole for protectipn from besetubs. 8. Connector: Bra.splaled .~rew on into upper pole. r' M_____. , I STARBUCKS SECURITY PIN '- Pin: 2-Sl8-1ength \ . '\. L~~~' 1. Base Security Pin with Clasp: After bottom pole is secured into beset the security pin should be in.erted mto aligned hole.ofb..e and bottom pole, 8 ... ,. di 'h hh . d fb be ra""o'. amoter p....mg I rougto t eoppoolteenp ass tu . 2. Security pin hole is loc.ted approx. 5 1/2" from top of b~8. lubs. 1'" Chain / In.ert s"curity pin, pa.sing through ba.etube hole to oppo.iteend of b..e tube. Seeu re cla.p on bracket for a secure fit. -+ INSTRUCTIONS THE PA ITISON GROUP 2/11/2004 SKl.. 185297 I TAGS F602 DESCRIPTION: ROUP UMBRELLA Page 2 of 2 l,IMBRELLA SIW#'$52S7 i MARKET UMBRELLA SPECIFICATIONS ---; FOR STARBUCKS COFFEE f o 61/2" --- .e. ~ @ Overall Height -100" @ Short Rib Length = 2P 1/2" @ Long Rib Length =43" @ Valance Height =6 1/2" @ Flap Width = 60" ~ STP,rmUCKS COFFEE @1()Q" 84" 2/1 1/2004 Warranty MARKET UMBRELLA & BASE ~ LIMITED WARRANTY: UMBRELLA FRAME: Umbrella frame is warranted for a period of 1 year from the original date of receipt of goods. Manufacturer warrants that the product shall be free from defects in workmanship and materials under normal and reasonable use and proper assembly. Warping, splitting, rotting of wood frame poles and rusting or discoloring of metal parts is included in coverage. What is not covered: Damage caused as a result of wind, storms, mistreatment, abusive storage or umbrella falling over due to frame not secured properly in base is not covered. Damage indicative of wind are broken rib assemblies. WIND CONDITIONS: Umbrella should not be open in wind speeds of 25 mph or more. Failure to do so can cause pole breakage and/or fabric tears. UMBRELLA COVER: There is a 5-year warranty on the Sunbrella Firesist@ fabric due to loss of color or strength from normal exposure conditions including sunlight, mildew, rot and atmospheric chemicals. Tears or wearing in fabric due to the umbr~a falling over, chafing against a building or other mistreatment, shall not be recognized as a condition of warranty. "Replacement of warranty items will be determined upon factory discretion. BASE: Base is warranted for a period of 1 year from the original date of receipt of goods. Manufacturer warrants that the product shall be free from defects in workmanship and materials on all bases which also cover rust and breakage of the tube. ^ "\ , f"SU1b~lr~ IreSISl \I SunbreUa Firesist (FR) fabric cover INHERENTLY FLAME RETARDENT FABRIC: Retardent additives are incorporated into the solution-dyed formula prtor to fiber formation, making fire protection an inherent part of the fabnc. Fabric does not melt drip and is inherently flame retardant passing the following FR requirements: ~GROUP . California State Fire Marshall's Test Procedure #801. Title 19. Reg. #F368.01 . NFPA 701. . ASTM E-84-84 - Values for flame spread and smoke density is Class A or Class I building materia!. . F.A.A. 25.853(b) interior aircraft textiles and furnishings. . FMVSS302: Auto, bus, train . CP AOI-84: Tent walls and roof. . New York Board of Standards 294-40-SR . UF AC: Upholstered furniture. . NFP A 1975 - Fireman '5 station uniform (FTMS 5903-191) and institutional blankets. . UL 214 Certification (U.S.) . CAN/UL S109 Certification (Canada) RETAINS COLOR & STRENGTH: Fabrtc contains 100% solution-dyed fibers that resist fading and cracking from exposure to the sun, chlortne, atmosphertc chemicals and moisture. WATER RESISTANT: Sunbrella Firesist@ tabrtc has a water-repellent finish applied before manufacturtng. Water beads will run off the fabric cover. STARBUCKS MARKET UMBRELLA INSTALLATION & HANDLING INSTRUCTION INSTALLATION INSTRUCTIONS: 1. Place umbrella base at desired location. 2. Open umbrella carton. FIG. A 3. Remove umbrella frame and bottom pole contents. 4. Remove all plastic and Styrofoam packaging. FIG. B 5. Screw on the bottom pole to the main frame by inserting the bottom pole into sleeve at end of main frame. FIG. C 6. Insert umbrella into umbrella base, aligning holes in bottom pale to match with hole in base tube. FIG. 0 7. Attach security pin, located on the bottom pole, through the base security pin hole. FIG. E The pin should enter hole in bottom pole and pass through opposite end of the base tube. 8. Umbrella is now ready for opening, by manually grasping runner hub. FIG. F 9. Pin position may be inserted in any of the 3 pin holes for cover adjustment from tight to looser fit. Cover will stretch easier in warmer weather and fit tighter in colder climate. 10. Insert frame pin to complete installation. Handling: ~ Removing Cover: The cover can easily be removed and replaced by removing screw at top of umbrella frame and 4 screws located towards the upper part of each rib. To remover cover, pull the 4 pocket sleeves away from frame. Wind Conditions: Umbrella should not be open in wind speeds of 25 mph or more. Failure to do so can cause pole breakage and/or fabric tears. U c!JA B l:) ]) E. F ,KU 175345 I TAG F605 DESCRIPTION: OUTDOOR CHAIR - 8110u MNlUFAI;lUIIIIII I"""'~ EMU BronzWWood SeIIl ~ - ,~- Bijou Stacking Armchair with WOod seat Size:W20$"x020 %"XH33", seat height 17 %" Design: A. Ciabatti Supplier Ref.: #267 Frame: Tubular Steel Seat: Teak WOod Slats Back: Steel Slat Pattem Finish:e-c:oafpretreatment with textured bronze c:olorpowdercoatfinish Feet: Plastic Footcaps Weight Each: 13.7Lbs Units per Box: 4 Box Dlmentions: 25"x37WX21" Box Volume: 11.4 Cubic Fl /,..------., ,(U 175346 I TAG F6G9 DESCRIPTION; OUTDOOR TABLE - Sllou -~ 11lU;lIIL.- EMU Bn:lnu 28 Round - Bijou Tilt Table Design:A. Clabattl size: Diam.2S" x H30" Supplier Ref: #850 Base: Square Tubular Steel Top: Flat Steel Finish: e-coat pretreatment with textured bronze color powdercoat finish Feet: with 1 Adjustable Foot Weignt Each: 24.3 Lbs Units per Box: 1 Box Dimentions: 5"x2S"x30. Box Volume: 2.5 Cubic Ft. ,r- - ATTACHMENT C Zoning Administrator Action No. 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 B, 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. Dana Ogdon ACTING ZONING ADMINISTRATOR Eloise Harris RECORDING SECRETARY 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. 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. SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY (1) (2) (3) (4) ... 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 (1 ) 2.2 (1 ) 2.3 (1 ) 2.4 (1 ) 2.5 FEES 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 maximum number of indoor and/or outdoor seats requires written approval of the Community Development Department. - 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. The outdoor seating area trash receptacle shall be cleaned on a continual and daily basis to ensure timely removal of litter and food items. No amplified noise or live entertainment is permitted unless authorized in writing by the Community Development Department. A minimum of one foot (1) footcandle lighting shall be provided in the outdoor seating area, consistent with the Tustin Security Code. (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.