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HomeMy WebLinkAboutZA 94-016/CUP 94-025 1 2 3 ZONING ADMINISTRATOR ACTION 94-016 CONDITIONAL USE PERMIT 94-025 NOVEMBER 7, 1994 4 The zoning Administrator of the city of Tustin does hereby resolve as follows: 5 I. The Zoning Administrator finds and determines as follows: 6 A. 7 8 9 B. 10 11 C. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 That a proper application, Conditional Use Permit 94-025, was filed by Tustin Associates to authorize a common outdoor seating area in front of the tenant space located at 14945 Holt Avenue in the Courtyard Shopping Center. That a public hearing was duly called, noticed and held on said application on November 7, 1994. 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, evidenced by the following findings: 1) The establishment of an outdoor seating area will enhance the pedestrian environment by providing seating and a human scale to the project. 2) There is adequate parking on site to accommodate the use. 3) The proposal is consistent with specific guidelines established by the Planning commission related to outdoor seating areas. D. That the establishment, maintenance, and operation of the use applied for will not be lnjurious or detrimental to the property and improvements in the neighborhood of the subject property, not to the general welfare of the city of Tustin for the reasons stated in section C above. 1 zoning Administrator Action 94-016 November 7, 1994 Page 2 2 E. Proposed development shall be in accordance with the development policies adopted by the city Council, Uniform Building Codes as administered by the Building Official, Fire Code as administered by the Orange County Fire Marshal and street improvement requirements as administered by the city Engineer. 3 4 5 6 F. It has been determined that this project is a minor alteration to an existing facility and is, therefore, Categorically Exempt (Class 1) from the California Environmental Quality Act. 7 8 9 II. The Planning Commission hereby approves Conditional Use Permit No. 94-025 to authorize the establishment of a common outdoor seating area with 24 seats in front of the tenant space located at 14945 Holt Avenue in the Courtyard Shopping Center, subject to the conditions attached hereto and identified as Exhibit A, and incorporated herein by reference. 10 11 12 13 15 PASSED AND ADOPTED by the Planning Commission of the city of Tustin at a regular meeting held on the 7th day of November, 1994. 14 20 '/ Il II) / qMAh-p..,(-4-/ ~AY~ BARBARA REYES () Recording Secretary CHRISTINE A. S zoning Admini 16 17 18 19 21 22 23 24 25 26 27 28 1 Zoning Administrator Action 94-016 November 7, 1994 Page 3 2 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 4 5 6 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. 94-016 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 7th day of November, 1994. 7 8 9 10 11 //(-J/lil<~ ~1ft/' BARBARA REYES u Recording Secretary 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 94-016 CONDXTXONS OF APPROVAL CONDITIONAL USE PERMIT 94-025 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for he project date stamped November 7 ,. 1994 on file with the Community Development Department, as herein modif ied or as modif ied by the Director of the Community Development Department in accordance with this Exhibit. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the establishment of the outdoor dining area, subject to review and approval by the Community Development Department. (1) 1.3 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) 1.4 The applicant and property owner shall sign and return the Agreement to Conditions Imposed form. USE RESTRICTIONS (3) 2.1 The applicant shall maintain a mlnlmum 48" wide sidewalk around the seating area free and clear of chairs, tables or trash receptacles. Final specification details of the tables and chairs shall be approved by the Zoning Administrator prior to installation. SOURCE CODES (1) STANDARD CONDITION (2) EIR MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTION (5) SPECIFIC PLAN (6) RESPONSIBLE AGENCY REQUIREMENT (7) LANDSCAPING GUIDELINES (8) PC/CC POLICY Exhibit A Zoning Administrator Action 94-016 November 7, 1994 Page 2 (8) 2.2 The applicant shall provide a trash receptacle adjacent to and visible from the seating area for use by the public or restaurant employees. (At all times that the tables and chairs are set-up). (8) 2.3 The outdoor seating area shall be cleaned on a continual daily basis for removal of litter and food items which constiture a public nuisuance. (8) 2.4 Any sign materials placed in the outdoor seating area shall be in conformance with the Sign Code and the requirements of the Master Sign Program for the Courtyard Shopping Center. (8) 2.5 The outdoor seating area shall be "seating in common" and shall be available for public use. (8) 2.6 The outdoor seating area shall be limited to a maximum of six tables and 24 chairs. (8) 2.7 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 requested. (8) 2.8 The use of outdoor speakers within the outdoor seating area is prohibited. (8) 2.9 Lighting shall be provided to illuminate the dining area as required by the Tustin Security Code. (4) 2.10 All umbrellas utilized in the outdoor seating area shall be made of a solid color canvas material. No copy of any kind shall be visible on the umbrellas. Final specification details shall include the use of wood poles and shall be approved by the Zoning Administrator prior to installation. 2.11 Umbrellas shall be maintained free of dust and grime. Torn or broken umbrellas shall be immediately repaired or replaced and shall be maintained by the property owner. Exhibit A Conditions of Approval Conditional Use Permit 94-025 Page 3 FEES (1) 3.1 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.