Loading...
HomeMy WebLinkAboutPC RES 3720 i RESOLUTION NO. 3720 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 TUSTIN APPROVING CONDITIONAL USE PERMIT 00-002 MODIFYING THE SHARED PARKING PROGRAM FOR TUSTIN PLAZA TO ALLOW 4 THE ESTABLISHMENT OF A FIFTY (50) SEAT RESTAURANT IN AN s 1,134 SQUARE FOOT TENANT SPACE LOCATED AT 13771 NEWPORT AVENUE #12. 6 The Planning Commission does hereby resolve as follows: ? s I. The Planning Commission finds and determines as follows: 9 A. That a proper application for Conditional Use Permit 00-002 was filed by ~0 Tustin Plaza, LP to request authorization to modify the shared parking program to allow the establishment of a fifty (50) seat restaurant in 11 conjunction with the Honeybaked Ham retail outlet at 13771 Newport Avenue #12, more specifically. described as Assessor's Parcel No. 401-611- ]2 06. B. That the proposed use is consistent with the Planned Community- z4 Commercial (PC-Comm) zoning district which allows restaurants as 15 permitted uses and the City's General Plan "Old Town Commercial" land use designation which. allows development of service commercial, office, 16 retail and restaurant uses. l? C. That a shared parking program was established on March 9, 1987, and was ~s most recently amended on November 12, 1996. 19 D. That a public hearing was duly called, noticed and held on said application 20 on March 27, 2000 by the Planning Commission. 21 E. That the establishment, maintenance and operation of the contractor's office will not, under the circumstances of this case, be detrimental to the 22 health, safety, morals, comfort, or general welfare of the persons residing or 23 working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the 24 subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: 25 26 1) The proposed use, as conditioned, will not be detrimental to the health, safety, morals, comfort and general welfare of persons 27 residing or working in the neighborhood in that: a) The parking study was prepared by a licensed traffic engineer :9 and demonstrates that no substantial conflict will exist in the peak hours of parking demand for the center; Resolution No. 3720 March 27, 2000 Page 2 b) The number of spaces credited against the requirements for the proposed restaurant does not exceed the number of spaces anticipated 'to be available during different hours of operation; and, c) Parking spaces designated for joint-use are located such that they will adequately serve the uses for which they are intended. 2) The proposed use, as conditioned, will not be detrimental to nor have a negative effect on surrounding property owners in that the shared parking program ensures that the parking demand can be accommodated on-site. F. That this project is Categorically Exempt pursuant to Section 15301 (Class 1 ) of the California Environmental Quality Act. G. 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 consistent with the Air Quality Sub-Element. II. The Planning Commission hereby approves Conditional Use Permit 00-002 to modify the shared parking program to allow the establishment of a fifty (50) seat restaurant in conjunction with the Honeybaked Ham retail outlet at 13771 Newport Avenue #12, subject to the conditions contained in Exhibit A attached hereto. 20 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular 21 meeting on the 27th day of March, 2000. 22 v. 25 Chairperson ELIZABETH A. BINSACK 2s Planning Commission Secretary 29 1 Resolution No. 3720 27, 2000 2 Page 3 3 STATE OF CALIFORNIA ) 4 COUNTY OF ORANGE ) CITY OF TUSTIN ) 5 6 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning ? Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3720 was duly passed and adopted at a regular meeting of the Tustin 8 Planning Commission, held on the 27th day of March, 2000. I] F=LIZAB. ETH A. BINSACK ~2 F~lanning Commission Secretary 14 19 20 21 22 23 24 25 26 27 28 29 EXHIBIT A CONDITIONAL USE PERMIT 00-002 CONDITIONS OF APPROVAL RESOLUTION NO. 3720 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for- the project date stamped March 27, 2000 on file with the Ccmmunity Development Department, except as herein modified, or as modified by the Director of Community. Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or 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 are issued within twelve (12) months of the date of this Exhibit and substantial tenant improvements are underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 00-002 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (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 for this project. *** 1.6 Condition 1.5 of Planning Commission Resolution No. 3494 shall be amended to read as follows: "The maximum floor area for restaurants and/or food related uses (including outdoor seating areas) shall not exceed tenant commitments and/or proposed tenant plans of the property owner as of March 27, 2000." 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 Exhibit A Resolution No. 3720 March 27, 2000 PLAN SUBMITTAL (3) 2.1 Submit seven (7) sets of building plans to the Building Division for review and approval prior to the issuance of building permits. Include plans pertaining to the proposed new ceiling beam in the tenant space. All plan sheets submitted into plancheck for building permit review shall be stamped and signed by a licensed, registered Architect or Engineer. (1)(3) 2.2 Indicate on the title sheet the applicable codes, City, state and federal laws and regulations to include: · 1997 Uniform Building Code with Cali~=orn.ia Amendments; · 1997 Uniform Mechanical and Plumbing Codes with California Amendments; · 1996 National Electrical Code with California Amendments; · City of Tustin Grading and Security Ordinance; · City of Tustin Landscaping and Irrigation Guidelines; and, · City of Tustin Private Improvements Standards. *** 2.3 The plans shall identify the location and number of seats or seating positions at each table or booth location. The dimensions of the booth or table units shall also be included. *** 2.4 In accordance with the Uniform Building Code, access to two exits from the suite is required for any area with occupant loads of fifty (50) persons or more. Post the maximum suite occupancy in the building and on the plans. Show the exits on the plans. (3) 2.5 All exit doors shall swing in the path of travel and be equipped with State Fire Marshal approved panic hardware. Identify these on the plans. (3) 2.6 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall all be accessible to persons with disabilities. Show these, including any existing or proposed handicapped-accessible parking stalls and the path of travel from the stalls to the building entrance on the plans. (5) 2.7 Prior to permit issuance, clearances from the following shall be required: Orange County Health Department and Orange County Fire Authority. (3) 2.8 The plans submitted into plan check shall show restroom facilities for both sexes and shall indicate that toilet facilities in the restrooms shall be accessible to persons with disabilities. Exhibit A Resolution No. 3720 March 27, 2000 USE RESTRICTIONS (2) 3ol The total number of seats within the restaurant shall be limited to a maximum of fifty (50). No increase in the number of seats shall occur without approval from the Community Development Director. (7) 3.2 No outdoor seating shall be permitted unless a separate Conditional Use Permit is approved consistent with the then current provisions of the Tustin City Code. (7) 3°3 The sale of alcoholic beverages at the project location shall not be permitted unless a separate Conditional Use Permit is approved consistent with the current provisions of the Tustin City Code. (1) 3.4 No live entertainment may be provided in the restaurant or outdoor seating area without approval of a Live Entertainment Permit in accordance with Tustin City Code Section 3222. *** 3°5 Hours of operation shall be limited to 6:00 a.m. to 11:00 p.m. Alterations to the hours of operation shall not occur without prior written approval of the Community Development Director. *** 3.6 Prior to the issuance of a Certificate of Occupancy for the restaurant use, the applicant shall notify their employees that all employees shall use the parking area to the west of the 13771 Newport Avenue building for vehicle parking. The owner shall submit a copy of such notification to the Community Development Department and shall enforce this restriction. *** 3.7 If in the future the City becomes aware that a parking problem exists on the site or in the vicinity as a result of the restaurant use, then the Director of Community Development may require the applicant/property owner to prepare a parking demand analysis. If said study indicates that there is inadequate parking, the applicant/property owner shall be required to provide mitigation measures to be reviewed and approved by the Planning Commission. Said mitigation measures may include, but are not limited to, the following: a) Establish alternate hours of operation. b) Restrict the maximum number of restaurant seats. c) Secure off-site parking from adjacent property owners. *** 3.8 Deliveries to the restaurant shall be limited to between the hours of 7:00 a.m. to 7:00 p.m. Exhibit A Resolution No. 3720 March 27, 2000 SIGNS (1) 4.1 All signage shall be addressed under separate permits and shall comply with the requirements of the Tustin Sign Code and the Master Sign Program for the Tustin Plaza Center. FEES (1)(5) 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 check and permit fees, including any applicable permit penalties to the Community Development Department based on the most current schedule. B. Orange County Fire Authority plan check inspection fees to the Community Development Department based upon the most current schedule. (1) 5.2 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 $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.