HomeMy WebLinkAboutPC RES 3713 RESOLUTION NO. 3713
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, APPROVING CONDITIONAL USE PERMIT 99-035 AND
4 DESIGN REVIEW 99-043 AUTHORIZING THE ESTABLISHMENT OF AN
OUTDOOR SEATING AREA, INSTALLATION OF A PATIO COVER,
5 ENTRANCE PORTICO AND WAITING AREA, AND ADDITION OF
SEVENTY TWO (72) SEATS AT AN EXISTING RESTAURANT LOCATED
AT 17440 E. 17TH STREET (ZOV'S BISTRO)
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s Planning Commission does hereby resolve as follows:
9 . The Planning Commission finds and determines as follows:
z0 A. That a proper application for Conditional Use Permit 99-035 and Design
~ Review 99-043 was filed by Oliver Brych on behalf of Zov's Restaurant to
establish an outdoor seating area and install a patio cover, entrance portico
~: and a waiting area that would accommodate increasing the number of
indoor and outdoor dining seats by seventy-two (72) for an existing
restaurant located at 17440 E. 17th Street and more specifically described
~4 as Assessor's Parcel Nos. 401-252-10.
~5 B. That the proposed site is within the Planned Community (PC)
~6 Commercial/Business of the General Plan land Use designation that
provides for restaurant uses.
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C. Thatthe proposed site is within the Planned Community Commercial (PC-
COMM) zoning district where restaurant uses are permitted.
D. That a public hearing was duly called, noticed and held on said application
2o on February 14, 2000 by the Planning Commission.
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E. That the establishment, maintenance and operation of the use applied for
22 will not, under the circumstances of this case, be detrimental to the health,
safety, morals, comfort, or general welfare of the persons residing or
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working in the neighborhood of such proposed use, nor be injurious or
24 detrimental to the property and improvements in the neighborhood of the
subject property, or to the general welfare of the City of Tustin, as
25 evidenced by the following findings:
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1) The proposed outdoor seating use is conditionally permitted in
27 accordance with Planning Commission Resolution No. 2490 which
sets forth guidelines for outdoor seating areas.
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:9 2) The proposed outdoor seating is consistent with Planning
Commission Resolution No. 2490 which sets forth guidelines for
outdoor seating in that:
· The outdoor patio area is physically and clearly defined;
Resolution No. 3713
2 Page 2
3 · Access to the outdoor seating area is through the main entrance
4 to the restaurant;
· The outdoor seating area does not obstruct vehicular or
s pedestrian traffic flow; and
· The proposed patio cover for outdoor seating is compatible with
6 the design of the main structure.
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3) The additional seating would not impact the available parking on the
s site, since the center has excess parking and is in compliance with
9 the parking requirements of the Planned Community Commercial
(PC-COMM) district.
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~ 4) As conditioned,'the patio and proposed use will not have a negative
effect on the surrounding properties in that the restaurant location is
~2 within a retail center bounded by four streets and separated from
residential uses by more than 200 feet.
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~4 5) The proposed patio structure and proposed use, as conditioned, will
not be a detriment to the public health, safety, welfare and aesthetics
~5 of the retail center in that the architecture is compatible with the main
~6 buildings and eclectic design of the various restaurants in the center.
~? 6) The proposed outdoor seating will not be detrimental to the
surrounding properties in that that the hours of operation will be
is consistent with the hours of operation for other restaurant uses in the
~9 Enderie center.
20 F. Pursuant to Section 9272 of the Tustin Municipal COde, the Commission
finds that the location, size, architectural features and general appearance
:~ of Design Review 99-043, as conditioned, will not impair the orderly and
22 harmonious development of the area, the present or future development
therein, or the occupancy as a whole. In making such findings, the
23 Commission has considered at leasl~ the following items:
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1. Height, bulk and area of buildings.
25 2. Setbacks and site planning.
3. Exterior materials and colors.
26 4. Type and pitch of roofs.
27 5. Size and spacing of windows., doors and other openings.
6. Towers, chimneys, roof structures, flagpoles, radio and television
:s antennae.
7. Landscaping, parking area design and traffic circulation.
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8. Location, height and standards of exterior ilium ination.
9. Location and appearance of equipment located outside of an
enclosed structure.
10. Location and method of refuse storage.
~ Resolution No. 3713
: Page 3
s 11. Physical relationship of proposed structures to existing structures in
the neighborhood.
4 12. Appearance and design relationship of proposed structures to
existing structures and possible future structures in the neighborhood
5 and public thoroughfares.
6 13. Development Guidelines and criteria as adopted bythe City Council.
7 G. That this project is a categorically exempt pursuant to Section 15301 (Class
8 1 ) of the California Environmental Quality Act.
9 H. That the.project has been reviewed for consistency with the Air Quality Sub-
element of the City' of Tustin General Plan and has been determined .to be
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consistent with the Air Quality Sub-element.
II. The Planning Commission hereby approves Conditional Use Permit 99-035 and
~2 Design Review 99-043 authorizing the establishment of an outdoor seating area,
~3 installation of a patio cover, entrance portico and a covered waiting area and
addition of seventy two (72) seats at an existing restaurant located at 17440 E. 17th
14 Street and more specifically described as Assessor's Parcel Nos. 401-252-10,
~5 subject to the conditions contained in Exhibit A, attached hereto.
~6 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular
meeting on the 14th day of February 2000.
~8 /8'f' EN V. KOZAK
20 ELIZABETH A. ftF, ISA'¢I( '
21 Planning Commission Secretary
22 STATE OF CALIFORNIA )
23 COUNTY OF ORANGE .)
CITY OF TUSTIN )
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I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
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Commission Secretary of the City of Tustin, California; that Resolution No. 3713 was duly
26 passed and adopted at a regular meeting of the Tustin Planning Commission, held on the
14th day of February 2000.
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29 ELIZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
CUP 99-035 AND DR 99-043
CONDITIONS OF APPROVAL
RESOLUTION NO.. 3713
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped February 14, 2000 on file with the Community
Development Department, as herein modified, or unless otherwise
indicated, as modified by the Community Development Director in
accordance with this Exhibit. 'The Director may approve subsequent minor
modificationsto plans during plan check if such modifications are consistent
with provisions of the Tustin City Code or other applicable regulations.
(4) 1.2 Prior to the issuance of any building permits for the project, all conditions
contained in Resolution 3713 shall be complied with 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 CUP 99-035 and DR 99-043 is contingent upon the applicant
and property owners signing and returning an "Agreement to Conditions
Imposed" form as established by the Community Development Department.
(1) 1.6 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.
USE RESTRICTIONS
(1) 2.1 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 shall become null and void
and the property owner and tenant are responsible for removing all
improvements related to the outdoor seating area.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY
(2) CEQA MITIGATION REQUIREMENTS
(3) UNIFORM BUILDING CODE/S (6) LANDSCAPINGGUIDELINES
(4) DESIGN REVIEW (7) PC/CC POLICY
*** EXCEPTIONS
Exhibit A- Conditions of Approval
Resolution No. 3713
February 14, 2000
Page 2
(1) 2.2 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.
(1) 2.3 No live entertainment may be provided in the restaurant or outdoor seating
area without prior written approval of community Development Director.
(1) 2.4 Hours of outdoor seating shall be limited to the hours of operation for the
restaurant which is Monday through Thursday 5:00 to 9:00 p.m. and Friday
and Saturday 5;00 to 10:00 p.m. Menu items shall be available in the
restaurant during business hours. Any extension of these hours shall
require approval of an amendment of Conditional Use Permit 99-035 by the
Community Development Director.
(1) 2.5 A maximum of ninety (90) seats shall be located within the outdoor
enclosed area as designated on the plan. Expansion of the outdoorseating
area shall require an amendment to the conditional use permit. A maximum
of ninety-six (96) seats shall be permitted within the interior dining.
(1)(5) 2.6 Any necessary modification of the existing permit from the Department of
Alcoholic Beverage Control shall be obtained for serving alcoholic
beverages in the outdoor dining area and submitted to Community
Development Department.
*** 2.7 The applicant shall submit manufacture specifications and color for all
outdoor furniture including the accessories to the Community Development
Department for approval. All outdoor dining areas shall contain trash
receptacles that match the outdoor furniture in color and design.
PLAN SUBMITTAL
(1) 3.1 At building plan check, submit seven (7) sets of construction plans, two (2)
sets of structural calculations and Title 24 energy calculations prepared by a
licensed engineer/architect. No field changes shall be made without
corrections submitted to and approved by the Community Development
Department.
(1) 3.2 Indicate on the title sheet compliance with the following codes, City, state
and federal laws and regulations to include:
· 1997 Uniform Building Code with California Amendments;
· 1997 Uniform Mechanical and Plumbing Codes with California
Amendments;
Exhibit A- Conditions of Approval
Resolution No. 3713
February 14, 2000
Page 3
· 1997 Uniform Building Code with California Amendments;
· 1997 Uniform Mechanical and Plumbing Codes with California
Amendments;
· 1996 National Electrical Code with California Amendments;
· City of Tustin Grading and Security'Ordinance; and,
· City of Tustin Landscaping and Irrigation Guidelines.
(1) 3.3 Specifications at Building Permit plan check submittal shall reflect materials
call-outs on all elevations with applicable details and notes added,
(3) 3.4 A level floor or landing shall be provided at all provided doors. This area
shall have a minimum length of 60 inches in the direction of the door swing
and 60 inches in the opposite direction of the door swing.
(3) 3.1i Two exits shall be required from the outdoor dining area and all exit
doors/gates shall be equipped with State fire' Marshal approved panic
hardware.
(3) 3.6 An area analysis for building and show compliance with allowable floor
areas based on Uniform Building Code Table 5-B shall be provided.
(3) 3.7 Construction type for existing building and new patio cover shall be
specified.
(3) 3.8 "Maximum Occupant Load" determined by using Table 10-A of the
Uniform Building Code shall be posted in the dining area.
(3) 3.9 Approval of the Orange County Health Departmentshall be required prior to
issuance of a building permit.
(3) 3.10 Parking for disabled parking shall be required to be provided for the west
entrance to the restaurant. At least one (1) van accessible space served by
a minimum 96 inch wide loading area shall be provided.
(3) 3.11 At Building Permit plan check, a floor plan indicating toilets accessible to
persons with disabilities shall be submitted.
(1) 3.12 Specifications at Building Permit plan check submittal shall reflect materials
call-outs on all elevations with applicable details and notes added.
(4) 3.13 All mechanical and electrical fixtures and equipment shall be adequately
and decoratively screened. The screen shall be considered as an element
of the overall design of the project and shall either blend with the
architectural design of the building or be integrated into the landscape