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HomeMy WebLinkAboutZA Action 07-005ZONING ADMINISTRATOR ACTION 07-005 CONDITIONAL USE PERMIT 07-007, DESIGN REVIEW 07-007 The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 07-007 and Design Review 07-007 were filed by Alfred Wong on behalf of A&K Management LLC, requesting authorization to construct a 1,414 square foot addition to an existing drive-thru restaurant, eliminating one drive-thru lane, and joint parking at 13982 Newport Avenue. B. On June 13, 1994, the Planning Commission approved Conditional Use Permit 94-003 and Design Review 94-005 for establishment of a retail center with a pet store and adrive-thru restaurant and adopted Resolution No. 3279. The proposed expansion and site modification to the drive-thru restaurant is authorized under Conditional Use Permit 94-003 and the new Arby's will operate in accordance with the previous conditions of approval. C. The applicant requested a joint parking request for a reduction of 8 parking spaces in the required number of parking to accommodate 30 additional seats. Requests for shared parking for parking areas serving structures less than 30,000 square feet in area are considered by the Zoning Administrator (Tustin City Code 9271 aa). D. That the proposed expansion to the drive-thru restaurant and the joint use parking is permitted in the Commercial General zoning district with approval of a conditional use permit and design review, and within the Community Commercial land use designation of the City of Tustin General Plan which provides for a variety of commercial uses including restaurants. In addition, the project has been determined to be consistent with the Air Quality Sub- element. E. The architecture, colors, materials, and overall design of the proposed expansion are appropriate for the building and complementary to the commercial center. F. That the proposed 1,414 square foot expansion, site modification and joint use parking for the new Arby's will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighbofiood, nor be injurious or detrimental to the property and improvements in the neighbofiood of the subject property, or to the general welfare of the City of Tustin, in that: Zoning Administrator Action 07-005 CUP 07-007, DR 07-007 Page 2 a. A parking study in accordance with Tustin City Code Section 9271 as was prepared by a licensed traffic engineer and submitted that demonstrated no substantial conflict exists in the peak hours of parking demand for the uses for which the joint-use parking is proposed; b. The parking areas are located so that they adequately serve various uses within the center; and, c. An existing recorded reciprocal covenant allows for reciprocal access, and parking between the two properties. G. In accordance with Tustin City Code (TCC) Section 9299(b)(4)(c), the Zoning Administrator is authorized to review Design Review applications within Redevelopment Project Areas; H. That the location, size, architectural features, and general appearance of the proposed addition will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole. In making such findings, the Zoning Administrator has considered the following items: 1. Height, bulk, and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors, and other openings. 6. Location, height, and standards of exterior illumination. 7. Landscaping, parking area design, and traffic circulation. 8. Location and method of refuse storage. 9. Proposed signing. 10. Physical relationship of proposed structures to existing structures in the neighborhood. 11. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 12. Development Guidelines and criteria as adopted by the City Council. The proposed project has been reviewed and determined to be consistent with the City's General Plan, the Zoning Code, and the City's Guidelines for Outdoor Seating Areas. Zoning Administrator Action 07-005 CUP 07-007, DR 07-007 Page 3 J. That a public hearing was duly called, noticed and held on said application on October 22, 2007, by the Zoning Administrator. K. This project is Categorically Exempt pursuant to Section 15301 e, Class 1, Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Zoning°Administrator hereby approves Conditional Use Permit No. 07-007 and Design Review 07-007 authorizing the construction of a 1,414 square foot addition, site modifications and joint use parking for establishment of a new Arby's restaurant at 13982 Newport Avenue, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 22nd day of October 2007. ~ii~t~a ELOISE HARRIS RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) ELIZABETH A. BINSACK ZONING ADMINISTRATOR I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, Califomia; that Zoning Administrator Action No. 07-005 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 22nd day of October, 2007. c ~.a ELOISE RIS RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 07-005 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 22, 2007, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. (1) 1.2 This approval shall become null and void unless a building permit is submitted for the subject addition 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 prior to the issuance of any building permits for this project or as specified, subject to review and approval of plans by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 07-007, and Design Review 07-007 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 07-007 and Design Review 07-007, 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. 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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS Zoning Administrator Action 07-005 Exhibit A CUP 07-007, DR 07-007 Page 2 (7) 1.6 A detailed landscape and imgation plan for the new landscape areas shall be included in the construction drawings and submitted for review and approval prior to issuance of a building permit. (1) 1.7 All signage shall meet the requirements of City of Tustin Section 9400 (i.e., one primary and two secondary signs), including location of wall signs that are limited to one sign per street or parking frontage. All signs are subject to separate review and permit. (7) 1.8 Any damaged landscaping as a result of construction shall be completely replaced to meet the City standards. Areas that would require new landscaping need to be landscaped according to the City's Landscape and Imgation Guidelines. (1) 1.9 Alighting and photometric plan showing the existing and proposed lighting shall be submitted with the construction drawings prior to issuance of a building permit. The parking area and path of travel need to meet the City's Security Code standard of a minimum one footcandle. PUBLIC WORKS DEPARTMENT (1) 2.1 Existing sewer, domestic water and storm drain service laterals shall be utilized whenever possible. (1) 2.2 Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy for the project. (1) 2.3 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 2.4 Project Recycling Requirement -The City of Tustin is required to comply with the recycling requirements contained in the California Integrated Waste Management Act of 1989. To facilitate the City's compliance with this law, the Project Applicant is required to comply with Section 4327 of the Tustin City Code which details requirements for developing and implementing a Waste Management Plan. (1) 2.5 Prior to issuance of a demolition, precise/rough grading, and/or building permit with valuation of $50,000 or greater, the applicant shall submit Construction & Demolition (C&D) debris collection, disposal, and diversion information on the City-prescribed forms for approval by the City of Tustin. At least 50 percent of the construction debris shall be diverted from the landfill to a recycling plant. A security deposit in the amount of $50 per ton (not to exceed $5,000 per project) for a C&D security deposit will Zoning Administrator Action 07-005 Exhibit A CUP 07-007, DR 07-007 Page 3 be collected prior to issuance of the permit. Prior to final inspection, the applicant shall submit to the City of Tustin documents (i.e. receipt from vendor) showing actual weight or volume of each material of C&D diverted to the recycling center (City Ordinance 1281). (1) 2.6 If the project exceeds three thousand (3,000) square foot of site work, the developer shall submit grading plans for review and approval. Six (6) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer may be required. If grading plans are required, the submittal package shall include the following: • Technical details and plans for all utility installations including telephone, gas, water, and electricity. Three (3) copies of a recent soil report provided by a civil engineer (less than one (1) year old). Expanded information regarding the levels of hydrocarbons and ground water contamination found on- site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. • All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. • Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards. • Two (2) copies of Hydrology & Hydraulic Report. • A surety/cash bond will be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of the grading, drainage, and erosion control shall be submitted to the Building Official for determination of the bond amount. (1) 2.7 Provide technical details and plans for all utility installations including telephone, gas, water, and electricity. (1) 2.8 Provide three (3) copies of a recent soils report provided by a civil engineer (less than one (1) year old). Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. (1) 2.9 All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. Zoning Administrator Action 07-005 Exhibit A CUP 07-007, DR 07-007 Page 4 (1) 2.10 Drainage, vegetation, sidewalks, and storm Improvement Standards. circulation, street sections, curbs, gutters, drains shall comply with the on-site Private (1) 2.11 Provide two (2) copies of Hydrology & Hydraulic Report for the project. (1) 2.12 A surety/cash bond will be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of the grading, drainage, and erosion control shall be submitted to the Building Official for determination of the bond amount. (1) 2.13 Commercial Recycling: ii. The Applicant, Property Owner and/or tenant (s) are required to participate in the Cites recycling program. iii. Prior to approval of the site plan, a solid waste recycling plan identifying planned source separation and recycling programs shall be submitted and approved by the City of Tustin Public Works Department. (1) 2.14 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State and Regional Water Quality Control Board rules and regulations. ORANGE COUNTY FIRE AUTHORITY (c) 3.1 Prior to the issuance of any building permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of the structure. The applicant may contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." (c) 3.2 Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal. Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. BUILDING DIVISION (1) 4.1 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2004 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2005 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations 2005 Edition. Zoning Administrator Action 07-005 Exhibit A CUP 07-007, DR 07-007 Page 5 (1) 4.2 Building plan check submittal shall include the following: Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. Two (2) copies of structural calculations. Two (2) copies of Title 24 energy calculations. • Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall-mounted fixtures shall be directed at a 90-degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot-candle of light coverage, in accordance with the City's Security Ordinance. A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1)foot-candle of light, and lighting shall not produce light, glare, or have a negative impact on adjacent properties." • Cross-section details showing the installation of the proposed rooftop equipment. Rooftop equipment shall be installed and maintained so as not to be visible from the public right-of-way. An elevation showing that rooftop equipment is installed below the height of the parapet is required. Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (1) 4.3 Engineer of record shall submit a final compaction report to the Building Division for review and approval prior'to the issuance of a building permit. (1) 4.4 Engineer of record shall submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. (1) 4.5 A surety/cash bond will be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of the grading, drainage, and erosion control shall be submitted to the Building Official for determination of the bond amount. (1) 4.6 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the building. The numerals shall be no less than six (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. Zoning Administrator Action 07-005 Exhibit A CUP 07-007, DR 07-007 Page 6 (1) 4.7 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. USE RESTRICTIONS (5) 5.1 The total number of interior seats shall not exceed 42 seats and the outdoor seats shall not exceed 16 seats for a total of 58 seats, unless the property owner demonstrates, through the submittal of a parking and land use summary, or as otherwise authorized by current provisions of the Tustin City Code, that an adequate number of on-site parking spaces are available to accommodate additional seating for the restaurant. (5) 5.2 The restaurant shall operate between the hours of 10:00 a.m. to 10:00 p.m. on daily basis. (5) 5.3 The restaurant shall operate within all applicable State, County, and Tustin City Code provisions, including the City of Tustin Noise Ordinance. (2) 5.4 All litter shall be removed from the exterior areas around the premises including adjacent public sidewalk areas and parking areas, no less frequently than once each day that the business is open. (7) 5.5 The applicant shall provide trash receptacles in the outdoor dining area and parking lot, and the dining areas and parking lot shall be cleaned on a continual, daily basis for removal of litter and food items. (1) 5.6 The proposed outdoor seating area shall be designed and constructed consistent with the submitted plans. The patio furniture shall be of quality material and in colors complementary to the main building and the center as a whole. (*) 5.7 The main and secondary entrance to the restaurant shall be enhance with decorative concrete finish or pavers subject to final approval of the Community Development Department. (7) 5.8 The outdoor seating area shall be defined with a green screen in form of permanent landscaping or a row of potted plants. Plans for the improvements shall be included in the landscape improvement plans and subject to final approval by the Community Development Department. The planting shall be kept in a healthy and vigorous condition at all times. POLICE (1) 6.1 The owner/manager shall provide the Police Department communication center supervisor with the appropriate emergency contact numbers for Zoning Administrator Action 07-005 Exhibit A CUP 07-007, DR 07-007 Page 7 business and non-business hours. That information can be e-mailed to lulrich~tustinca.org. FEES (1) 7.1 The following additional fees would apply to the project. Prior to the issuance of any building permits, payment shall be made for all applicable fees, including but not limited to, those listed below. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a. Building plan check 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. c. Private improvement plan check and permit fees to the Community Development Department based upon the most current schedule. d. Prior to issuance of the building permit, the developer shall provide written approval from the Orange County Sanitation District No. 7 for Sewer Connection Fees. e. New development tax to the Community Development Department based upon the most current schedule. f. Transportation System Improvement Program (TSIP), Benefit Area "B" fees in the amount of $3.31 per square foot of new or added gross square floor area of construction or improvements to the Community Development Department. g. School facilities fee to Tustin Unified School District based upon the most current schedule. Proof of payment shall be provided to the Community Development Department prior to issuance of building permits. h. Payment of the Major Thoroughfare and Bridge Fees in effect at the time of issuance of a building permit to the Tustin Public Works Department. (1)(5) 7.2 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 fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period Zoning Administrator Action 07-005 Exhibit A CUP 07-007, DR 07-007 Page 8 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.