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HomeMy WebLinkAboutCUP 09-028/DR 09-030TUSTIN ~~ ~ ,_~ ~, Inter-Com ~~--- ~~ ~, ~~~~~ r= DATE: DECEMBER 7, 2009 ~ .- ~~ ".., BUIIDWG OUR FUTURE TO: ZONING ADMINISTRATOR HONORING ODR PAST FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CUP 09-028 AND DR 09-030 PROPERTY KIMCO REALTY -TUSTIN HEIGHTS SC, LP OWNER: 23 MAUCHLY, SUITE 1000 IRVINE, CA 92618 APPLICANT: CAFE RIO TERRY LOOCK 2825 E. COTTONWOOD PARKWAY, SUITE 360 SALT LAKE CITY, UT 94121 LOCATION: 1140 IRVINE BOULEVARD GENERAL PLAN: COMMUNITY COMMERCIAL ZONING: C-1 RETAIL COMMERCIAL ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: A REQUEST FOR OUTDOOR SEATING AND EXTERIOR MODIFICATIONS IN RELATION TO A NEW RESTAURANT AT 1140 IRVINE BLVD. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action No. 09-012 approving Conditional Use Permit 09-028 and Design Review 09-030, a request for outdoor seating and exterior modifications in relation to a new restaurant at 1140 Irvine Blvd. BACKGROUND On June 13, 1988, the Planning Commission adopted Resolution No. 2490 that established outdoor seating as a conditionally permitted use and guidelines for outdoor seating. The project site is the former location of the Hollywood Video store and is Zoning Administrator Report CUP 09-028 and DR 09-030 Page 2 currently a vacant building. The applicant proposes to partition the existing 7,180 square-foot building and occupy approximately 2,890 square feet on the west side, and an addition of 550 square feet of outdoor seating and dining area. On April 14, 2003, the Planning Commission adopted Resolution No. 3866 that approved and authorized a 6,940 square-foot addition to the existing Tustin Heights Shopping Center and approved shared parking (CUP 02-028) for the shopping center. Condition 6.1 of Resolution No. 3866 requires that any changes to the approved shared parking study be submitted to the City for review and approval. The project site is the former location of a Hollywood Video store and was shown on the shared parking study as retail space. The proposed project would convert part of the retail space to restaurant use and add an outdoor seating area, which would be included in the parking requirement calculations. Site and Surrounding Properties The project site is an existing shopping center located at 1140 Irvine Boulevard, in the Tustin Heights Shopping Center. The shopping center is located south of Irvine Boulevard, east of Newport Avenue, north of the Packer's Square commercial center and Village Homes residential neighborhood, and west of office and residential land uses. The project site is located east of the main driveway entrance to the shopping center. (See Attachment 2: Site Plan) DISCUSSION Project Description Outdoor Seating Use The applicant is proposing to operate a new restaurant with 550 square feet of outdoor seating area in the Tustin Heights Shopping Center. The new restaurant is a casual dining establishment serving Mexican food. The proposed business hours are as follows: Monda - Thursda Frida - Saturda Sunda 10:30 AM - 9:00 PM 10:30 AM - 11:00 PM 11:00 AM - 8:00 PM The outdoor seating area is designed as an attached covered patio with permanent railings that define the seating area boundary. The proposed outdoor seating area is located against the north and west building elevations, at the northwest corner of the freestanding building, and meets the minimum five (5) foot setback from the public right- of-way (Irvine Blvd.) and on-site parking lot (See Attachment 3: Floor Plan and Attachment 4: Elevations). Zoning Administrator Report CUP 09-028 and DR 09-030 Page 3 The outdoor seating guidelines outline that uses such as public schools, residential neighborhoods, churches, hospitals, and arcades should be considered when outdoor seating is proposed. The guidelines identify that outdoor seating areas within 600 feet of a public school should consider and mitigate for potential impacts to school children; the nearest public school is approximately 1,400 feet from the project site. The nearest residential use is a minimum 270 feet from the outdoor seating area, which meets the minimum 200-foot distance requirement between outdoor seating and residential uses. The nearest church use is across the street on Irvine Blvd., approximately 270 feet from the project site. The Tustin Lanes bowling alley, which has an arcade, is located on the other side of Irvine Blvd., approximately 170 feet from the project site. The new restaurant use is a casual dining establishment and no arcade, live entertainment use, or sales of alcoholic beverages are proposed with this project. The outdoor dining area will have speakers for background music but will comply with the Tustin Noise Ordinance. Considering that the project site is a standalone building adjacent to Irvine Blvd. and the outdoor seating area would primarily be used for dining, it is anticipated that the proposed outdoor dining use would have minimal impact to the surrounding area. Exterior Modifications The applicant proposes to partition the existing 7,180 square-foot, vacant, freestanding building and occupy approximately 2,890 square feet on the west side. The proposed construction includes a new 550 square-foot, covered outdoor seating area, tenant improvements, and modifications to the building exterior. The remaining 4,290 square feet of existing tenant space on the east part of the building is not part of this proposal. Interior tenant improvements include a new restaurant kitchen, restrooms, and dining area. The proposed outdoor seating area is located on the northwest corner of the building and wraps around the corner of the building (See Attachment 3: Floor Plan). The outdoor patio area is proposed to have direct access from the interior dining area. The proposed building exterior modifications have a rustic southwest style design and involve several architectural changes to the existing building. The proposed covered outdoor dining area would have a corrugated metal roof and be bounded by wooden railings and posts. The west building elevation is proposed to have three distinct exterior treatments (See Attachment 4: Elevations). The left third of the elevation would be comprised of part of the outdoor patio seating area, the middle third is proposed to have a new stone veneer wall "pop-out" around the restaurant entrance, and the right third would be the existing wall, painted according to the earth tone color scheme and conditioned to have additional architectural or landscape treatment to enhance the visual appearance of the elevation. The existing building parapets would also be extended to screen rooftop equipment and are designed with arched elements. Zoning Administrator Report CUP 09-028 and DR 09-030 Page 4 Parking Based on the 2003 parking study by Willdan in relation to CUP 02-028, the shopping center has 592 parking spaces. The parking study concluded, even at peak parking demand, there would be 317 surplus parking spaces available at the shopping center. The 2003 parking study also listed that the Hollywood Video tenant space required 36 spaces, based on the applicable parking ratio at that time, which was one (1) space for every 200 square feet of retail space. Planning Commission Resolution No. 2490 established that outdoor seating areas must be included in parking requirement calculations. Based on the current parking requirements, the proposed 3,440 square-foot restaurant use (2,890 square feet indoors, 550 square feet outdoors) requires thirty-four (35) parking spaces based on the restaurant parking ratio of one (1) space for every 100 square feet of gross floor area. The building's remaining 4,290 square feet of tenant space requires approximately seventeen (17) parking spaces based on the retail parking ratio of one (1) space for every 250 square feet of gross retail area. Figure 1 compares the required parking for the previous retail use to the proposed restaurant and retail use. Figure 1 Parkin S aces Re uired Tenant Area Previous Use Holl ood Video Proposed Use Restaurant, Retail Net Chan e Restaurant Indoor 2,890 SF ~ Outdoor 550 SF 14.5 N/A 28.9 5.5 +14.4 +5.5 Vacant 4,290 SF 21.5 17.2 -4.3 Total rounded 36 52 +16 The proposed use would require an additional sixteen (16) parking spaces. The additional 16 parking spaces can be accommodated by the existing on-site parking lot, based on the 2003 parking study that stated there were 317 surplus parking spaces. The proposed use would reduce the number of surplus parking spaces by sixteen (16), resulting in 301 surplus spaces. ANALYSIS In determining whether to approve Conditional Use Permit 09-028 and. Design Review 09-030, the Zoning Administrator must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: Zoning Administrator Report CUP 09-028 and DR 09-030 Page 5 1. The proposed use is allowed within the Retail Commercial (C-1) zoning district with the approval of a Conditional Use Permit, per Planning Commission Resolution No. 2490, and is consistent with the Community Commercial land use designation of the City of Tustin General Plan, which provides for a variety of commercial uses. 2. The use is located in an existing commercial shopping center on Irvine Blvd. The characteristics of the use and hours of operation would be similar to other restaurants in the vicinity. 3. That the establishment, maintenance, and operation of the proposed use 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 in that: a) The additional sixteen (16) required parking spaces generated by the new restaurant use can be accommodated by the existing 317 surplus parking spaces on-site; b) The outdoor seating area is included in the parking analysis for the restaurant use, which can be accommodated by the existing parking; c) As conditioned, the outdoor seating area shall contain trash receptacles and be cleaned on a continual, daily basis; d) The proposed hours of operation are compatible with other commercial uses within Old Town Tustin; e) The project site location meets the distance separation from certain uses identified in the outdoor seating guidelines and is buffered by Irvine Blvd. for the uses identified in the guidelines. f) The structural elements for the outdoor seating area are compatible with the proposed overall design of the building and the shopping center. 4. As conditioned, the exterior modifications would be compatible with the architectural style of the shopping center and would accentuate the use of the building as a restaurant. 5. That pursuant to Section 9272(c) of the Tustin City Code, the Zoning Administrator finds that the location, size, architectural features, and general appearance of the proposal 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 finds that the mass and appearance of the project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole and has considered at least the following items: Zoning Administrator Report CUP 09-028 and DR 09-030 Page 6 appearance of the proposal 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 finds that the mass and appearance of the project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole and has considered at least the following items: a) Height, bulk, and area of buildings; b) Setbacks and site planning; c) Exterior materials and colors; d) Type and pitch of roofs; e) Size and spacing of windows, doors, and other openings; f) Towers, chimneys, roof structures, flag poles, radio and television antennae; g) Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares; and, h) Development guidelines and criteria as adopted by the City Council. Items a) through h) have been considered in that, as conditioned, the exterior modifications would be compatible with the existing architecture style and would accentuate the use of the building as a restaurant. ~~~ E e ne V. Huffer Associate Planner Attachments: 1. Location Map 2. Site Plan 3. Floor Plan 4. Elevations 5. ZA Action 09-012 \\Cot-second\cdd-rda\Cdd\ZAREPORT\2009\CUP 09-028 DR 09-030 (Outdoor seating).doc ATTACHMENT LOCATION MAP LOCATION MAP CUP 09-028 and DR 09-030: 1140 Irvine Blvd. ii 'rte: ~~' _~.~>J:, _ ~ ~~~ ~. ~ ,y-~ J n~ _ CEPU1~.1'i:~k~ 3Hi'1P3+INC r- C£?dYEP ~{{ l ~~ __ ~~~ ~1BC2d rrw.GmPrwNEi ' / • u.~~ rr ~~.~~~~ ~~ ~.~ ~`.." ~ ,.I _ ~ f~ 3 ~ ~ ~ ~~ ~` ~ ~ ~ ~! . ~ ' ~ ~~ Jhd ~~ ~ ~ ~~a ~ 7 ~~' r '.r-'. - i ~ .~", xP ATTACHMENT 2 SITE PLAN p~ ~1~`ug~,L P^IEa~I04i1 A~~~ ~~~6 ~ ~~ J „~,.,,. ~~ ~ ~ ~~ ~ o ~~~ ~~ 71 liu2~~~ i~~~JO~JC~ ~~~~ ~~~ ~ ~ ~- 8g 4w~ ~ 5~~ •q~~Ny.~~e ~ tl ~L "SS VJ a ~ L~ r~~6~i~~~ I I ~ ~ ~ ~ ~~ 1 ~~ b qqq~ ~~ s - } - ~ ~ \ i\ ~ \ ~ ~ 1 t ~,~' III ; __ ~ _, _ - \ .,,.\ _ - ~ \~ ~ 'C- [ % - ~ a ~: ' ~ I /~ a / i 4 ¢¢ ~ .` S ~i P \ \ ~ ~' \~ ~ ~~ ~ ~ ~ ~ ht ( €. 1 "?,yn r 1 _ _ idk ~- ___ _ - _.._.,, ! 2 __ i ~ ~ ~°" i~4 r `.,ai ~ ~ !i ~ g ~ ~,r: ~ ~mI z~ ~ a ~~e $~ .. ~ ~~ .r ' E~ ~ ~ ~ ~ ~ t. i ~~ o~ _ i_I- ~ JI ..~ fig--.`-~. j -._~ ~ ~~ ~ „ Ft~ } ~ ~ -~ ~` ~.. 'T '. ~ ~~ A ~ ~ - A ~~ l ~ ~ i $B ~ t ~ ~ . u ~ ~ 8 E.-'-- ~-~-a- ~~-~-~ -1 ,. ~ ~ ~ '~ g~5 \'so ~~ ~ \ E . 4~ 6~~5 ~ g\ ~~ , ~ ~ ~ ~: ~~ F ~~$ ~ ~ ~ ~ s :, i 1 \ \ J ~ ~ ~ ~ \ O ~~ ~ F ~ y _ ~. a_ ~ _ ~. ~ ~. ° ~r e ~ v'' ~ ~.,. _ a n ~ ~ I s~ ~~ ,~ ~. C- ~~ i ~ ~~ 8~~ ~S ~ aa~ ~s~~~~~~ ,y e ,Y j ~' ,,~ ~ i ~I, ~ 4 ~ ~~ P O E t! ~ ~ ~~' g I x~' ~ ~R ~, C ~.~.~ ~~8~ ~~~~ i~~f~~~ yp{~ ~~F.~ fl;~g~4 m (i~ a~~~~ i~~$~# I ~~~ - --- ~ ~~ ~ _)= ~ ~~ ~~ - ~~ o` (I~ ~I I~~, ---;I ATTACHMENT 3 FLOOR PLAN d~'aUsny Pe(8atn,ul06I[ ,°9~ ~ ~~~ ~ 1.w6 ~l Il~~~ a~~~~3~~~ ~~~~ a ~~ ~ ~ ~ ~°~~ "U ~~ ~~~~~~ ~- a %~~a 9 ~~~~~~ ~ ~ ~ ~ ~p ~~ ~ ~ ~ ~ ~~ ~~a ~~~~ ~~~~~ ~~~~ ~~~ ~~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~~~ ~~~ ,~~ ~~ ! 34 3s kP h! y~ $~ ~ ~„ ~ § § ~~ $ ~/ ~~ b L 0~ ~ ~~ ~g ~ ~ ~~~~ ~~ ~ ~ ~ ~ s ~ ~ ;< ~ d ~~ i ~ g ~~ ~ g~ ~ o t a ~ ~ ~ 000 000 O ~ OHO 6 86~~0®~®®~® ~ ~~~C~~ O ~ ~ ~~ ~~ ~ Q I I I I~ ----~~- I ¢ ; ~ k3 -- - - - ~s ~~ I ~ ~I - -~ i ~ ~-- -_= I ~ ~~--_ ~~I 0 - - ~ ---C _ ~ I I i~ ~ ~ .. - I I I I - ' .. '_' ~~ ~/ I~ ~ iii ~ i ~ - .-__ ~~~r i ~ ~, f ~ _ _ _ ~.q- iii i ~~*~ ~ E•'~. ~z (1~~ ' --- ~° ,'.~/3~~ c ~ ~ _ ~ ~ __ . i i~ it ~ r-- I w a ~ ~ t _.. ~ ~ - 6-t L ©~@ _ 0 'E L `~I` ~_~ ~, I I - 1 1 1 m~ ` W/~ ~ 1 11 1 I It- k_ f I I q / I~ Iti fe 111 1 __ _ __ _ _ -~ ` I i ~ ~/Il ~j I q ~ I I I I L I I II I I _~ __ I ) ~ I I ~ I I I I I~ .la I rs _ - rK~ f I y (®i I iii i ---1~- - I - -~ ~ - i_ .1~__ ' -~ I -~- f-w f --I-- I 1 y7~ .li ~ I ~I 1 1 I I I .~ __J I ~.!_O I - ~ I I I 1 I I d ~. ~ _ ~~' ®~ -® ~ ~a i ~ I ~ ~ l L°,I ` ~ „ _ . F. iii ~--------'----' ~ ~ _. ~_..~~,.- -. I I I II I +~ I ~ ~ I I I I ~I ~- I I w 11 1 ' I ~~ 1 4 ®l ~ I t I I _ I I I ~ q 1 I II I ~I II\ ~. I 1. !. I ~ I - ~ I ~~ III +~_-y It'~~ .. ~_~~ _ JLL.. i I ~ __ I II I _________ - ~~ I I _ s I I I f l 1 I a.ra ~ b 11 1 ' ~ _ ~~ I r~ w 11 1 ® - ~_ w I 1 I I I ~ e y~ I --, : 1 I YID i ~® 1 J-1- - ~ _- JI I I I ~ - _________.~______________ - I I ti I I I 1 I b P ~ I _ I w< t- __________ ______________ J 1 x •oi ~ 3 I i' I 1 I I ~ ~ ®. - ~®' ~®I I L .lu ~ v,,i a.r u~~i o~ ia,!(pal ATTACHMENT 4 ELEVATIONS V~ `ugsn~ •pn~g aurn~ Otit [ ag~9~ ggn~ ~ n €W~ $ g® m _~ s S g S e ~C ° ~4~~ .~ w N u @ to E Q Y ~~~ ~~~ 'S ~ i U rtrt ~ L' y ~ d 4 0 ~ 4 ~' ~ ~ p 4 ~~~ ~ a ~ aa~ ~d~ ~~~~~~ & ~ ~ ~ ~ ~~ ~~ ~ ' ~~~~ ~~~a A V I ~ I I ~ I I ~ I I --_ n~ ~ ~ I 1 ~ I I ry t~ g -- ; ~ ~~; ~ ~ ,~R ~ ~~ ~ W ~ V __ z p ~ ~ _ ~~ b v \ ~------ - --- ao ==-- _-_ r,~ t~~ ~ ~~~ ~ ~ ~ ~~~£ ~~~ ~~ --- - __ a ~ ~ ~ ~ I I n< ' ~ /~ V'_- ~ - - O ~ _ ~ _ \ ne ~~. c\ ~ ~ ~ I ~ b 1 i ' ~ i _ - I I I I ~ I I ~I I I I I ~I . < I I ~I ~I 1 I 1' I I ~~ ~ 1 1 I I > b I I i I I qy I I ~ I ~ i r? ' ~ 1 ~ I ~R i ~ z~ -r- I I[ r~~ ~~~ i ii~ I ~- I _ - -~ ~ __, ~~ ~ ~ ~~ ~ ~ ~ __ . _ d-m ~ f 1 ~ ~ ~~ ~~ ~ ; ~ ~ II!I I ~, ~ I. I ~~ ~ I I r ,~ I ~ o-+- - I , I I , I ~ , I ~ I ~ I ; ~ i ke ~~ r, ~ ; I - ~ 1 I I L~ V 0 S W N y} y LL {( ~~ N 3 ~ ~ ~~ d RE ~ ~ N a F ~ ~A g' J g g i ~ ~ ~~ ~ ~~ ~ ~ ~ a ~ ~ ~ ge a ~ ~~ ~~ ~ ~~~ ~~ ~ ~ W o ~ ~~ mmmmmC~mmm ~ mmmm __ v ~ y~ `uils[i,~, 'P^l6 aU!^1(04I l a~9~ [~etl __ a e ~~ ~ ~`~ ~~10~12~ aba~~~~ ~~~~ ~~~ ~ ~~ ~ ~ . ~ N MM w ~'~ p ~Y~ ~ ~~~ 'm ~ ~ O ~~~ ~ a Qo ~ V~ ~~~~~~~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q e o S A I I _ ~ ~ I I i ~ I 1 .t ~ O-- 'r a ~~ - a, I W I; I ~ 0 I ~ '~ ~# 4 ~x ' ~ ~ ~ ¢< ~ ~ ~ o m- i ~ ? I ~ ~ _, a I A~`• ~ ~ ®-- - - - - -~ - ~ - F~ ;_- -;~~ -~ ~ ~ I ~ ~~ ~ ~ , ~ ~ --- w ~ I ~._ I . o---- ~ --- ~ ~ I' ' a ' ~ ~~ ~ - ~I r I ' ~-~ I ~ ' m ~~~ 1 --- I ~' < ' ~ as ~~ ~~~ ~ ~ ~ ~ ~ i ~ i i R ~ ~ ~~~'I - -- ----- - - ----~- ~ ~ I J ~ I I I I o-_ _ ~ __ 0 1 r ~. Z : a ~i it ~ I / `'' ~k _ I ~`I, ~ .o ~~ ~ ~~ ~o ~ I o-- I -- ~ ~ a ~ V ~\ p w r~, ~ u~ ~ e _ I ~ V 3?q '~- _ ~ V ~ ~ B~ 3 • o ~ I a. ~ ', ~~ t 3~,, ta., *. ~~`4 `, r, ,~ r.,; Y,,'r,~ r._, ~. ~~>r .;~~_ ,:., .y,: ~, ~~~~., _,~.,~ ~,. ~ ~ ~~ --~r~--.--Ka ~F,~ it ~~ ~,,~ ~_~~ ~ t ~~ 4 ~~'f' ~:: k i :: ATTACHMENT 5 ZONING ADMINISTRATOR ACTION 09-012 ZONING ADMINISTRATOR ACTION 09-012 CONDITIONAL USE PERMIT 09-028 AND DESIGN REVIEW 09-030 1140 IRVINE BLVD. The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. A proper application was filed by Patrick Conover, PCA, on behalf of Terry Loock of Cafe Rio, requesting approval for outdoor seating and exterior modifications in relation to a new restaurant at 1140 Irvine Blvd. B. The site is designated as Community Commercial by the City General Plan and is zoned Retail Commercial District (C-1 ), which provides for retail uses including restaurant establishments. Planning Commission Resolution No. 2490 established that outdoor seating areas are a conditionally permitted use. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. The site is currently improved with an existing standalone commercial building, within an approximately 12-acre shopping center with 138,000 square feet of commercial space, known as the Tustin Heights Shopping Center. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 09-028 and Design Review 09-030 on December 7, 2009, by the Zoning Administrator. E. The proposed use is allowed within the Retail Commercial (C-1) zoning district with the approval of a Conditional Use Permit, per Planning Commission Resolution No. 2490, and is consistent with the Community Commercial land use designation of the City of Tustin General Plan, which provides for a variety of commercial uses. F. The use is located in a commercial area on Irvine Blvd., which is a major thoroughfare where a variety of retail, office, and restaurant uses are located. The characteristics of the use and hours of operation would be similar to other restaurants in the vicinity. G. That the establishment, maintenance, and operation of the proposed use 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 in that: Zoning Administrator Action 09-012 CUP 09-028 & DR 09-030 Page 2 a) The additional sixteen (16) required parking spaces generated by the new restaurant use can be accommodated by the existing 317 surplus parking spaces on-site; b) The outdoor seating area is included in the parking analysis for the restaurant use, which can be accommodated by the existing parking; c) As conditioned, the outdoor seating area shall contain trash receptacles and be cleaned on a continual, daily basis; d) The proposed hours of operation are compatible with other commercial uses within Old Town Tustin; e) .The project site location meets the distance separation from certain uses identified in the outdoor seating guidelines and is buffered by Irvine Blvd. for the uses identified in the guidelines. f) The structural elements for the outdoor seating area are compatible with the proposed overall design of the building and the shopping center. H. As conditioned, the exterior modifications would be compatible with the architectural style of the shopping center and would accentuate the use of the building as a restaurant. That pursuant to Section 9272(c) of the Tustin City Code, the Zoning Administrator finds that the location, size, architectural features, and general appearance of the proposal 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 finds that the mass and appearance of the project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole and has considered at least 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. Towers, chimneys, roof structures, flag poles, radio and television antennae; 8. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares; and, 9. Development guidelines and criteria as adopted by the City Council. Zoning Administrator Action 09-012 CUP 09-028 & DR 09-030 Page 3 Items 1 through 9 have been considered in that, as conditioned, the exterior modifications would be compatible with a mission style architecture that would accentuate the use of the building as a restaurant. J. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit 09-028 and Design Review 09-030 authorizing outdoor seating and dining and exterior modifications to an existing building in relation to a new restaurant use. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 7th day of December, 2009. DANA OGDON ACTING ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Eloise Harris, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 09-012 as duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 7th day of December, 2009. ELOISE HARRIS RECORDING SECRETARY EXHIBIT A -ZONING ADMINISTRATOR ACTION 09-012 CONDITIONAL USE PERMIT 09-028 AND DESIGN REVIEW 09-030 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project on file with the Community 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 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, subject to review and approval by the Community Development Department. (1) 1.3 Approval of Conditional Use Permit 09-028 and Design Review 09-030 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 "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) 1.4 As a condition of approval of Conditional Use Permit 09-028 and Design Review 09-030, the applicant shall agree, at its sole cast 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 the defense of any such action under this condition. (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys fees, subject to the applicable SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Conditions of Approval CUP 09-028 & DR 09-030 Page 2 notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 Ambient noise of the restaurant outdoor seating use shall not exceed the standards of the City of Tustin Noise Ordinance. (1) 1.8 Compliance with requirements of the State Fire Marshal and the Orange County Fire Authority shall be obtained prior to commencing the proposed use. (1) 1.9 In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. If a prevention device is required, the device shall be located in a landscape area with adequate area to accommodate landscape screening. (1) 1.10 The applicant shall incorporate additional architectural detail and/or visual interest on south end of the building's west facade and reflect such detail on the building permit plans, subject to approval from the Community Development Department. (***) 1.11 Roof top equipment shall be screened from view by parapets and/or rooftop screens. (***) 1.12 The existing railing attached to the concrete planter seating, west of the building, shall be removed and the concrete shall be repaired and patched. Any new skate deterrents shall be reviewed and approved by the Community Development Department prior to installation. (***) 1.13 Lighting shall be provided to illuminate the dining area as required by the Tustin Security Code. (1) 1.14 The proposed use may be reviewed by the Community Development Director on an annual basis or more if deemed necessary. If in the future the Community Development Director determines that a public nuisance exists on the site or in the vicinity as a result of the restaurant outdoor seating, the Community Development Director may require the applicant to provide additional mitigation. The Director may modify the existing conditions of approval or imposed new conditions as part of such review to protect the public health, safety, community aesthetics, and general welfare. Failure to satisfy the above shall be grounds for revocation of CUP 09-028. (1) 1.15 This approval shall become null and void unless the use is established 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. Exhibit A Conditions of Approval CUP 09-028 & DR 09-030 Page 3 (*) 1.16 The wall sign design and placement shall be processed under a separate sign permit. The applicant shall submit a sign permit application including elevations, and installation details for a sign compatible with the building color and material for review and approval of the Community Development Department. USE RESTRICTIONS (1) 2.1 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. (1) 2.2 Trash receptacles shall be provided in the outdoor dining area. All litter shall be removed from the exterior areas around the premises including public sidewalk areas and parking areas, no less frequently than once each day that the business is open. (1) 2.3 Business operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. BUILDING (1) 3.1 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. (1) 3.2 Prior to issuance of building permit, Orange County Environmental Health and Orange County Fire Authority approval is required. PUBLIC WORKS DEPARTMENT (***) 4.1 In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. If a double check detector assembly (DCDA) is required, an easement for public utility access purposes must be dedicated to the City of Tustin. The easement shall start from the public right-of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. Any easements for construction and maintenance of public water facilities within private property shall be reviewed and approved by the Public Exhibit A Conditions of Approval CUP 09-028 & DR 09-030 Page 4 Works Department prior to recordation with the Orange County Clerk- Recorder. The applicant shall submit a legal description and sketch of the area to the Public Works Department for review and approval, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. (1) 4.2 The trash enclosure shall utilize the City's standard enclosure designed to accommodate a minimum of two (2) four-yard bins, with at least one (1) bin reserved for recyclable materials. (1) 4.3 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing City of Tustin public water facilities affected by the proposed project. (***) 4.4 A release/approval from the East Orange County Water District (EOCWD) shall be obtained prior to receiving water service from the City of Tustin. The applicant shall submit a water permit application to EOCWD, and is responsible for all application, connection and other EOCWD fees. (***) 4.5 The adequacy of a proposed water system plan for a proposed development project, including the number, size and distribution of fire hydrants, must be reviewed by the Orange County Fire Authority (OCFA). Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. (1) 4.6 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) 4.7 Prior to issuance of an Encroachment Permit, the applicant shall submit to the Public Works Department 24-inch by 36-inch reproducible water improvement plans, as prepared by a California Registered Civil Engineer, for approval. (1) 4.8 Prior to issuance of a Building Permit(s), the applicant shall provide written approval from the Orange County Sanitation District (OCSD) for the proposed grease interceptor and service connections. (1) 4.9 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50 percent of the project waste material. Exhibit A Conditions of Approval CUP 09-028 & DR 09-030 Page 5 b. The applicant will be required to submit afifty-dollar ($50.00) application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed 5 percent of the project's valuation. c. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the City of Tustin. (1) 4.10 CADD Requirements - In addition to the normal full-size map and plan submittal, all final maps and plans including, but not limited to, tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans shall be submitted to the Public Works Department in computer aided design and drafting (CADD) format to the satisfaction of the City Engineer. The standard file format is AutoCAD Release 2007, or latest version, having the extension "DWG". All layering and linotype conventions are AutoCAD-based (latest version available upon request from the Public Works Department). The CADD files shall be submitted to the City at the time plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City. (1) 4.11 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer. FEES (1,5) 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 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 the 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. (1,5) 5.2 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. Exhibit A Conditions of Approval CUP 09-028 & DR 09-030 Page 6 a. Building plan check, permit, and inspection fees to the Community Development Department based on the most current schedule. b. Public Works/Engineering plan check fees. c. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule.