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Home My WebLink AboutZA 98-007/CUP 98-020 (2) 2 3 4 I. 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ZONING ADMINISTRATOR ACTION 98-007 CONDITIONAL USE PERMIT 98-020 AUGUST 31,1998 The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 98-020, has been filed by Wilbur Bettis requesting authorization to establish an outdoor seating area in conjunction with the restaurant located at 13051 Newport Avenue. B. A public hearing was duly noticed, called and held for said application on August 31, 1998, by the Zoning Administrator. C. This project has been determined to be a minor alteration to an existing California Environmental Quality Act. D. That the 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 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 as evidenced by the following: 1) The proposed use, as conditioned, will not be detrimental to the health, safety, morals, comfort and general welfare of persons residing or working in the neighborhood in that the location of the proposed outdoor seating area is completely concealed from neighboring residential areas and will be able to comply with guidelines for outdoor seating as established by the Planning Commission. 2) The proposed use, as conditioned, will not be detrimental to nor have a negative effect on surrounding property owners in that no additional parking is required because existing indoor seating will be relocated to the outdoor seating area so that the total number of restaurant seats does not exceed 184 as currently approved for this restaurant as set forth in variance 95-011. 20 2 ZA-Action 98-007 Page 2 3 4 II. The Zoning Administrator hereby approves Conditional Use Permit 98-020 authorizing an outdoor seating area in conjunction with the restaurant located at 13051 Newport Avenue, subject to the conditions contained in Exhibit A, attached hereto. 5 6 7 PASSED AND ADOPTED at a regular meeting of the Tustin Zoning Administrator, held on the 31st day of August, 1998. 8 9 10 ~~AIF?L Zoning Administrator Designee II 12 13 14 ~~ mad;~1 KAli MARTIN 15 Recording Secretary 16 17 18 STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) 19 21 I, Kathy Martin, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator 22 Action No. 98-008 was duly passed and adopted at a regular meeting of the Tustin 23 Zoning Administrator, held on the 31st day of August, 1998. 24 25 26 27 ~~ /J?cd:. / KATHY ARTlN Recording Secretary 29 28 ZaactionlCUP98020-Nieuport EXHIBIT A ZA ACTION 98-007 CONDITIONAL USE PERMIT 98-020 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project. date stamped August 31, 1998 on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 Unless otherwise specified, the conditions contained in this 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 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within eighteen (18) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. PLAN SUBMITTAL (1) 2.1 At building permit plan check, the applicant shall submit three (3) complete sets of architectural, with necessary structural calculations and details complying with the uniform Building Code, other related codes, City Ordinances and state and federal laws and regulations. ------------------------------------------------------------------------------------------------------------------------- SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEtS (4) DESIGN REVIEW (5) (6) (7) *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION (1 ) (1 ) (1 ) (1 ) Exhibit A ZA Action 98-007 August 31, 1998 Page 2 (5) 2.2 Outdoor seating shall be provided with exits according to Uniform Building Code (UBC) Section 1001.6. ... 2.3 Submitted plans shall clearly depict the location of the outdoor seating in relation to the existing restaurant and the adjacent restaurant. USE RESTRICTIONS ... 3.1 Since the building currently occupied by the Nieuport 17 Restaurant is on a common pad with another restaurant (Pain du Monde), the applicant shall provide a written approval from the property owner indicating the allowable use of the common outdoor area for outdoor seating. (1 ) 3.2 Authorization for outdoor seating is contingent upon the use of the subject site remaining a restaurant or other eating establishment. As such time that a restaurant use is discontinued, the use permit becomes null and void and the property owner and tenant are responsible for removing all improvements related to the outdoor seating area. 3.3 Evidence that all necessary approvals from the State Department of Alcoholic Beverage Control have been obtained shall be provided to the Director of the Community Development prior to the sale of the alcoholic beverage in the patio area. 3.4 No more than 20 seats shall be located in the outdoor seating area with a maximum of 184 seats for the aggregate total number of indoor and outdoor restaurant seats. 3.5 The applicant shall provide trash and smoking receptacles for the outdoor seating area. The outdoor seating area shall be cleaned on a continual, daily basis for removal of litter, food items, and other debris which constitute a public nuisance. 3.6 All of the seating in the outdoor seating area must match in terms of style, materials, and color. No alterations to the approved materials and colors of the structural elements including fencing, seating or other elements shall be made without prior approval from the Director of Community Development. Exhibit A ZA Action 98-007 August 31, 1998 Page 3 (1) 3.7 Hours of sales of beer, wine, and distilled spirits shall be limited to the hours when the food is available between the hours of 11 :00 a.m. and 12:00 midnight, Monday though Friday, 11 :00 a.m. and 2:00 a.m. Saturday and Sunday. NOISE (1) 4.1 The operation of the outdoor seating area shall conform to the Tustin Noise Ordinance. FEES (1) 5.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building plan checks and permit fees to the Community Development Department based on the most current schedule. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. (5) 5.1 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 $38.00 (thirty-eight 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.