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HomeMy WebLinkAboutZA 94-005/CUP 94-013 1 ZONZNG ADMZNZSTRATOR ACTZON 94-005 CONDITIONAL USE PERMIT 94-013 JULY 5, 1994 2 3 The Zoning Administrator of the ci ty of Tustin does 4 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, Conditional Use Permit 94-013, was filed by Peppino's Inc. to permit the location of an outdoor seating area in conjunction with the restaurant located at 651 East First street. B. A public hearing was duly called, noticed and held for said application on July 5, 1994 by the Zoning Administrator. C. 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, nor to the general welfare of the City of Tustin as evidenced by the following findings: 1. The sale of alcoholic beverages in the outdoor seating area would occur within an area designed to meet the standards of the state Department of Alcoholic Beverage Control. The patio area will be clearly defined by physical boundaries, and will be accessible from the inside of the restaurant. Furthermore, the outdoor seating area will be supervised by a restaurant employee to ensure conformance with all laws regarding consumption of alcoholic beverages while on the restaurant premises. 2. The outdoor seating area will have adequate clean up facilities, to ensure that outdoor eating areas do not become littered. Zoning Administrator Action 94-005 Page 2 The Zoning Administrator hereby approves Conditional Use Permit 94-013 authorizing an outdoor seating area in conjunction with the restaurant located at 651 East First street, 16 subject to the conditions contained in Exhibit A, attached hereto. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 II. 15 3 . The applicant does not propose to have dancing, amplified music or live entertainment at this time. Should the applicant wish to provide dancing or amplified music in the future, a noise analysis would be required to ensure that noise levels would not exceed those specified in the City of Tustin Ordinance in compliance wi th the City's outdoor seating guidelines. Furthermore, a separate conditional use permit would be required for live entertainment. 4. The proposed hours of operation are compatible with other uses in the surrounding commercial area, including a SaY-On pharmacy, a Coco's restaurant, and several grocery stores, all which are open past 10:30 p.m. nightly. D. That the proposed project is categorically exempt (Class 1) pursuant to the California Environmental Quality Act 15301. 17 PASSED AND ADOPTED at a regular meeting of the Tustin 18 Zoning Administrator, held on the 5th day of July, 1994. 19 20 ~~ RITA WESTFIE Zoning Administrato Designee 21 22 23 /l :J 24 / C/#~V~ BARBARA REcrES 25 Recording Secretary 26 27 28 Zoning Administrator Action 94-005 Page 3 1 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 3 CITY OF TUSTIN ) 4 I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of 5 the City of Tustin, California; that Zoning Administrator Action No. 94-005 was duly passed and adopted at a 6 regular meeting of the Tustin Zoning Administrator, held on the 5th day of July, 1994. 7 8 /4~ ~a/J 9 /BARBARA REYES Recording Secretary 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 94-005 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 94-013 JULY 5, 1994 GENERAL (1) 1.1 The proposed project shall substantially cOnform with the submitted plans dated stamped July 5, 1994 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 Community Development Department Director may make minor modifications to the plan if such modifications are consistent with applicable Code provisions. (1) 1.2 Unless otherwise specified, the conditions contained in the Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Conditional Use Permit approval shall become null and void unless all building permits are issued within twelve (12) months of the date of this Exhibit. (1) 1.4 The applicant shall sign and return an Agreement to Conditions Imposed form prior to issuance of building permits. (1) 1.5 The applicant and property owner shall hold harmless and defend the City of Tustin for all claims and liabilities arising out of the City's approval of the entitlement process for this project. (1) 1.6 Final design of the proposed outdoor seating area including railing and canopy details shall be subject to the review and approval of the Communi ty Development Department during plan check. All proposed improvements shall be compatible with the centerwide improvements proposed by the property owner. SOURCE CODES (1) STANDARD CONDITION (3) UNIFORM BUILDING CODE/S (5) RESPONSIBLE AGENCY (7) PC/CC POLICY *** EXCEPTION (2) CEQA MITIGATION (4) DESIGN REVIEW (6) LANDSCAPING GUIDELINES Exhibit A - Zoning Administrator Action 94-005 Conditional Use Permit 94-013 Page 2 PLAN SUBMITTAL 2.1 At building plan check submittal: (3) (3) B. Three (3) sets of complete architectural plans, and two (2) sets of structural calculations. Preliminary technical detail and plans for all utility installations including water and electricity. 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. Requirements of the Uniform Building Plumbing, Mechanical and Electrical Codes shall be complied with as approved by the Building Official. A. (7) 2.2 Lighting shall be provided to illuminate the dining area as required by the Tustin Security Code. (1) 2.3 Provide a copy of approved plans for the outdoor seating area from the Department of Alcoholic Beverage Control. SITE AND BUILDING CONDITIONS (1) 3.1 The sale of alcoholic beverages shall comply with all requirements of conditional use permit 93-032 relating to consumption of alcohol in the outdoor seating area. (1) 3.2 The outdoor seating area shall contain trash receptacles for use by the public or restaurant employees wi th details of such receptacles to be approved by the Director of Community Development. (1) 3.3 The outdoor seating area shall be cleaned on a continual, daily basis for removal of litter and food items which constitute a public nuisance. (1) 3.4 Public addresses and outdoor speakers shall not be audible on adjacent properties. (1) 3.5 Should the applicant wish to have dancing or amplified music in the future, a noise analysis should be provided to the Community Development Department, prior to the implementation of dancing or amplified music which guarantees that noise levels will not exceed those specified in the Tustin Noise Ordinance. (1) 3.6 Should the applicant desire to provide live entertainment at the subject location a conditional use permit would be required. Exhibit A - Zoning Administrator Action 94-005 Conditional Use Permit 94-013 Page 3 FEES (1) 4.1 All building permit and plan check issuance fees shall be paid to the Community Development Department prior to building permit issuance. (1) 4.2 Within 48 hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashiers check payable to the COUNTY CLERK, in the amount of $25.00 to enable the City to file with the County Clerk, the appropriate environmental documentation pursuant to the California Environmental Quality Act. If within such 48 hours period, the applicant has not delivered to the Community Development Department the above noted check, the approval for the project granted herein shall be considered automatically null and void.