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HomeMy WebLinkAboutZA 94-017/CUP 94-026, DR 94-026 1 2 ZONING ADMINISTRATOR ACTION 94-017 CONDITIONAL USE PERMIT 94-018, DESIGN REVIEW 94-026 NOVEMBER 7, 1994 3 4 The Zoning Administrator of the City of Tustin does hereby resolve as follows: 5 I. 6 7 8 9 10 11 12 13 14 C. 15 16 D. 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 94-018, and Design Review 94-026 was filed by MVA Architects on behalf of the RREEF Funds to authorize a common outdoor seating area in front of the tenant spaces located at 1102 -1108 Irvine Boulevard in the Tustin Heights Shopping Center. B. That the project is located within the Town Center Redevelopment Project Area. Pursuant to City Code Section 9299(b) (3) (c), the Zoning Administrator has the authority to approve Design Review applications within the City's Redevelopment Areas. 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. Zoning Administrator Action 94-017 November 7, 1994 Page 2 II. The Zoning Administrator hereby approves Conditional Use Permit No. 94-018 to authorize the establishment of a common outdoor seating area with 32 seats in front of the tenant spaces located at 1102 - 1108 Irvine Boulevard; and Design Review 94- 026 to authorize parking lot modifications in Tustin Heights Shopping Center subject to the conditions attached hereto and identified as Exhibit A, and incorporated herein by reference. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 G. 18 19 20 21 H. 22 23 24 25 26 27 28 E. That the establishment, maintenance, and ?p~ra~ion of the use applied for will not be lnJurlous or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin for the reasons stated in Section D above. F. Pursuant to Section 9272 of the Tustin Municipal Code, the Zoning Administrator finds that the architectural features, materials and colors 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 Zoning Administrator has considered at least the following items: 1. Setbacks and site planning. 2. Landscaping, parking area design and traffic circulation. 3 . Physical relationship of proposed structures to existing structures in the neighborhood. 4. Development Guidelines and criteria as adopted by the city Council. Proposed development shall be in accordance with the development policies adopted by the City Council, Uniform Building Codes as admini$tered by the Building Official, Fire Code as administered by the Orange County Fire Marshal and street improvement requirements as administered by the City Engineer. It has been determined that this project is a minor alteration to an existing facil.ity and is, therefore, Categorically Exempt (Class 1) from the California Environmental Quality Act. 1 Zoning Administrator Action 94-017 November 7, 1994 Page 3 2 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 7th day of November, 1994. 4 5 CHRISTINE A. S Zoning Adminis 6 7 8 :Jud~A-y- ~r ,:/ BARBARA REYES Recording Secretary 9 10 11 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 12 13 14 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. 94-017 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 7th day of November, 1994. 15 16 17 18 / ~A~7<~ /I? ~.. BARBARA REYE~ Recording Secretary 19 20 21 22 23 24 25 26 27 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 94-017 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 94-018 DESIGN REVIEW 94-018 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 Communi ty 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 minimum 48" wide sidewalk around the seating area free and clear of chairs, tables or trash receptacles. Specification details of the tables and chairs shall be approved by the Zoning Administrator prior to installation. (8) 2.2 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. 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 Conditions of Approval CUP 94-018, DR 94-026 Page 2 (8) 2.3 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) 2.4 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) 2.5 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 Tustin Heights Shopping Center. All necessary permits shall be obtained for any such signs. (8) 2.6 The outdoor seating area shall be "seating in common" and shall be available for public use. (8) 2.7 The outdoor seating area shall be limited to a maximum of eight tables and 32 chairs. (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 outdoor seating area as required by the Tustin Security Code. (4) 2.10 All umbrellas utilized in the outdoor seating area shall be made of canvas material to match the existing awning material. No copy of any kind shall be visible on the umbrellas. Final details shall include the use of wood poles and shall be approved by the Zoning Administrator prior to installation. (4) 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 CUP 94-018, DR 94-026 Page 3 PARKING LOT MODIFICATIONS (4) 3.1 The property owner shall upgrade and repair existing concrete and asphalt within the 60-foot wide easement over the southeasterly 60-feet of the southeasterly 516.40 feet of the subject lot, in the vicinity of the eleven proposed parking spaces. (4) 3.2 The fence and gates around the outdoor garden center of the eastern most tenant space of the shopping center shall be repaired, maintained and kept closed. (1) 3.3 Submit at plan check complete detailed (4) landscaping and irrigation plans for all new (7) landscaping areas consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements. Provide summary table applying indexing identification to plant materials in their actual location. The plant table shall list botanical and common names, sizes, spacing, actual location and quanti ty of the plant materials proposed. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices if applicable (screened from view from right-of- way and on-site by shrubs), pipe size, sprinkler type, spacing and coverage. Details for all equipment shall be provided. Show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas, and wall locations where applicable. The Department of Community Development may request minor substitutions of plant materials or request additional sizing or quantity. Note on plans that adequacy of coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Department of Community Development. (1) 3.4 The submitted landscaping plans at plan check (4) shall reflect the following requirements: (7) a. One (1) 15 gallon tree for each five (5) parking stall shall be planted within the landscape planter and five (5) - 5 gallon shrubs shall be planted per 25 lineal feet of planter area. b. A combination of planting materials shall be used in all landscape areas. Exhibit A Conditions of Approval CUP 94-018, DR 94-026 Page 4 c. Ground covers shall be planted between eight (8) and twelve (12) inches on center. d. All plant materials shall be installed in a healthy vigorous condition typical to the species and landscaping must be maintained in a neat and healthy condition. This will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of diseased or dead plants. PLAN SUBMITTAL (1) 4.1 At building plan check submit construction plans, and structural calculations information. Requirements of the Uniform Building Codes, state Handicap and Energy Requirements shall be complied with as approved by the Building Official. Additionally, a note on plans shall be included stating that no field changes shall be made wi thout corrections submi tted to and approved by the Building Official. (4) 4.2 Include an updated parking summary for Tustin Heights Shopping Center indicating the addition of the proposed parking spaces on the si te plan. According to the Community Development Department records, the shopping center currently has 593 parking spaces. FEES (1) 5.1 Payment of but not limited to, building plan check and permit fees to the Community Development Department shall be made prior to issuance of any building permits in accordance with the Tustin City Code. (1) 5.2 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.