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HomeMy WebLinkAboutCC RES 95-21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 95-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING CONDITIONAL USE PERMIT 94-023 AND DESIGN REVIEW 94-030 TO ALLOW CONSTRUCTION OF A 2, 871 -SQUARE FOOT FAST-FOOD RESTAURANT WITH DRIVE-THRU SERVICE LOCATED AT THE SOUTHEAST CORNER OF TUSTIN RANCH ROAD AND BRYAN AVENUE ON LOT 1 OF TRACT 14610. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: no That proper applications for conditional Use Permit 94-023 and Design Review 94-030 were filed on behalf of McDonald's Corporation requesting approval of a 2,871-square foot fast-food restaurant with drive-thru service at the southeast corner of Tustin Ranch Road and Bryan Avenue on Lot 1 of Tract 14610. Bo That a public hearing was duly called, noticed and held on said applications on January 23, 1995 by the Planning Commission, and on February 21, 1995 by the City Council. Pursuant to Section 9272 of the Tustin Municipal Code, the Council finds that the location, size, architectural features and general appearance of Design Review 93-005 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 Commission 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. Size and spacing of windows, doors and other openings. o Towers, chimneys, roof structures, flagpoles, radio and television antennae. ] 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 95-21 Page 2 Do 7 o 8 o 10. 11. 12. 13. 14. Landscaping, parking area design and traffic circulation. Location, height and exterior illumination. standards of Location and appearance of equipment located outside of an enclosed structure. Location and method of refuse storage. Physical relationship of proposed structures to existing structures in the neighborhood. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. Proposed signage. Development Guidelines and criteria as adopted by the City Council. That establishment, maintenance, and operation of drive-through service 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, evidenced by the following findings: o On-site traffic concerns have generally been mitigated through the separation of the drive-through aisle from the on-site parking. The potential for pedestrian/vehicle conflicts has been mitigated through the construction of two internally illuminated signs reading, "pedestrian crossing" at the crosswalk on the west side of the restaurant. Further, the textured brick pavers proposed for the crosswalk surface will visually and textually alert drivers to the crosswalk. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 95-21 Page 3 4 o o Zo Off-site traffic concerns caused by the number of vehicles waiting in the drive aisle to enter the queuing aisle during peak hours have generally been mitigated through the proposed speed of service, aided by the location and design of the menu order window, pay window, pick-up window, and length of drive-thru lane. The use will not create a noise nuisance as the proposed loudspeaker will be used infrequently and shall conform to the Tustin Noise Ordinance and shall be designed so as not to impact adjacent commercial properties. The fast food restaurant would be open from 6:00 a.m. to 11:00 p.m., Sunday through Thursday, 6:00 a.m. to 12 midnight, Friday and Saturday, compatible with other uses in the center. o The project, as conditioned, would provide adequate screening around the drive-thru aisle through the use of earthen berms and masonry walls to ensure that vehicle movements and headlights do not visually impact the adjacent streets or surrounding properties. The project, as conditioned, would ensure that there would be continuous screening at the corner of Tustin Ranch Road and Bryan Avenue, by relocating the pedestrian path approximately 15 feet to the south. o The use would not create offensive odors as the proposed operation does not utilize a char-broiler method for cooking. That the establishment, maintenance and operation of the proposed use will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as stated above. 5 6 7 8 9 10 11 12' 13 14 15' 16 17 18 19 2O 21 22 23~ 24 25 26 27 28 Resolution No. 95-21 Page 4 Fo 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 or has been conditioned to be consistent with ~he Air Quality Sub-Element. II. The City Council hereby approves Conditional Use Permit 94-023 and Design Review 94-030 allowing construction of a 2,871-square foot fast-food restaurant with drive-thru service at the southeast corner of Tustin Ranch Road and Bryan Avenue on Lot 1 of Tract 14610, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 21st day of February, 1995. ry E. Wynn, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) THOMAS R. ~A~IgiRELLI MAYOR MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 95-21 was duly passed and adopted at a regular meeting of the Tustin city Council, held on the 21st day of February, 1995, by the following vote: COUNCILMEMBER AYES: SALTARELLI, POTTS, DOYLE, THOMAS, WORLEY COUNCILMEMBER NOES: NONE COUNCILMEMBER ABSTAINED: NONE N~E. Wynn, City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A CONDITIONAL USE PERMIT 94-023 AND DESIGN REVIEW 94-030 CONDITIONS OF APPROVAL RESOLUTION NO. 95-21 GENERAL (1) The proposed project shall substantially conform with the submitted plans for the project date-stamped February 21, 1995, 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. The Director may also approve minor modifications to the plans if such modifications are determined to be consistent with the approved plans. (l) Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of an}' building permits for the project, subject to review and approval by the Community Development Department. (i) 1.3 Design Review and Conditional Use Permit approval shall become null and void unless all building permits are issued within eighteen (18) months of the date of this Exhibit and substantial construction is underway. (i) 1.4 The applicant and property owner shall sign and return an Agreement to Conditions Imposed form prior to issuance of building permits. (i) i.s The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of the City's approval of the entitlement process for this project. SOURCE CODES (i) (2) (3) (4) STD~NDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Resolution No. 95-21 CUP 94-023 and DR 94-030 Page 2 (3) (2) (2) (2) (4) (2) (5) PLAN SUBMITTAL 2.1 At building plan check the following shall be submitted: no Construction plans, structural calculations, and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. Preliminary technical detail and plans for all (3) utility installations including cable TV, telephone, gas, water and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. Final grading and specifications consistent with the (3) site plan and landscaping plans, prepared by a registered civil engineer for approval of the Community Development Department and based on the Orange County Surveyor's bench mark datum. A precise soils engineering report provided by a (3) soils engineer within the previous twelve (12) months as determined by the Building Official. 2.2 Architectural plans submitted for plan check shall bear the approval of the project architect for the center. 2.3 Prior to issuance of any building permits, all requirements of the TR/TDM Program for the Center shall be satisfied, subject to review and approval of the Public Works/Engineering Division. OPERATIONAL STANDARDS 3.1 The hours of operation for the restaurant and drive-thru service shall be limited to 6:00 a.m. to 11:00 p.m., Sunday through Thursday, and 6:00 a.m. to 12 midnight, Friday and Saturday. 3.2 Ail loading vehicles shall be parked in designated areas and loading shall be completed during non-peak hours. Exhibit A Resolution No. 95-21 CUP 94-023 and DR 94-030 Page 3 (4) (4) (4) (4) (4) (4) 3.3 3.4 3.5 3.6 3.7 3.8 The use of the trash compactor shall be limited to those hours between 8:00 a.m. to 9:00 p.m. No Loitering signs shall be installed on the subject property with details and locations of said signs to be approved by the Community Development Department prior to issuance of building permits. The hours of operation of the outdoor Playland shall be limited to between 8:00 a.m. to 9:00 p.m., Sunday through Thursday, and 8:00 a.m. to 10:00 p.m., Friday and Saturday. All exterior building illumination on the west and north elevations of the restaurant shall be installed on a timer so that the illumination is turned off at the closing time of the establishment. Decorative type trash receptacles shall be permanently located on the site: adjacent to restaurant entrance/exits, in the playland and parking areas. The design and location shall be indicated on the construction plans and subject to review and approval of the Community Development Department. In the event the applicant wishes to install a speaker order board, said order board shall be located on the east side of the proposed building, subject to the approval by the Community Development Department as to the exact location and completion of a noise study prior to any speaker box installation. Said noise study must validate that there will be no negative decibel level impacts on residential property across Tustin Ranch Road to the west and across Bryan Avenue to the north. The applicant shall deposit the full cost of said noise study and said consultant shall be selected at the sole discretion of the City of Tustin. (4) (4) SITE AND BUILDING CONDITIONS 4.1 Provide exact details for exterior doors and window types on construction plans. Door and windows shall be consistent with design for the center. 4.2 Ail mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The Exhibit A Resolution No. 95-21 CUP 94-023 and DR 94-030 Page 4 (i) (4) (4) (i) (i) (4) (4) (4) 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 design. A dense type of landscaping could be utilized for screening. 4.3 Ail exterior accent colors to be used shall be subject to review approval of the Community Development Department and shall be consistent with samples provided on the color board. All exterior treatments shall be coordinated with regard to color, materials and detailing and clearly noted on submitted construction plans and elevations. 4.4 Provide plans and details for all lighting fixtures. Note locations on site plan and building elevations. One footcandle of light throughout the site, parking lot, drive-thru aisle and adjacent to the building, is required. Fixtures on building and in playland shall be of a decorative design. Freestanding fixtures in the parking area shall match existing fixtures in the Center. 4.5 Ail exposed metal flashing or trim shall be painted to match the building. 4.6 Note on final plans that a six-foot-high chain linked fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. 4.7 Exterior elevations of the building shall indicate any fixtures or equipment to be located on the roof of the building and equipment heights. The building parapet shall be an integral part of the building design, and shall screen all roof mounted equipment. All roof-mounted equipment and vents shall be a minimum of six inches below the top of the parapet. 4.8 Ail roof access shall be provided from the inside of the building. 4.9 No exterior downspouts shall be permitted. Ail roof drainage shall utilize interior piping, but may have exterior outlets at base of building. Exhibit A Resolution No. 95-21 CUP 94-023 and DR 94-030 Page 5 (4) (4) (4) (4) (4) (4) (4) (i) 4.10 Six (6) inch continuous concrete curbing shall be used through the parking lot, drive-thru aisle and adjacent to sidewalks, except where required to satisfy handicap access requirements. Roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. 4.12 Indicate the location of all exterior mechanical equipment. Gas and electric meters shall either be enclosing in the building or boxed behind a screen wall designed consistent with the main building. 4.13 Note on plans that outdoor storage shall be prohibited. 4.14 The pedestrian walkway and drive-thru crosswalk shall be relocated approximately 15 feet south of the proposed location, to be perpendicular to Tustin Ranch Road right- of-way in order to ensure adequate screening of the drive-thru lane at the intersection of Tustin Ranch Road and Bryan Avenue. The walkway shall be designed in compliance with ADA, handicap accessibility requirements. 4.15 The decorative columns on the south and east elevations of the building should be increased in depth 6 to 12 inches, to be consistent with design details of buildings within the Center, subject to final approval by the Community Development Department. 4.16 The building and drive-thru facility shall be shifted ten to fifteen feet to the east in order to provide additional berming and landscaping along the Tustin Ranch Road frontage, subject to the approval of the Community Development Department. NOISE 5.1 Ail construction operations, including engine warm-up, deliveries of materials and equipment, shall be subject to the provisions of the City of Tustin Noise Ordinance, as amended, and may take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday. Construction activities may be permitted outside of these limitations if the Building Official determines that said activity is of urgent necessity, or finds that the activity will not Exhibit A Resolution No. 95-21 CUtT 94-023 and DR 94-030 Page 6 (1) (4) 5.2 5.3 adversely impact adjacent properties or the health, safety and welfare of the community. No Sunday or Holiday construction shall be permitted. Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. Intercom speaker boxes and equipment for drive-thru facilities shall be subject to the provisions of the city of Tustin Noise Ordinance and shall be located to the satisfaction of the Community Development Department staff so that no noise is directed toward adjoining businesses and properties. (1) (7) LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS 6.1 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements and consistent with the landscaping concept plan. Said plans shall be consistent with the existing landscape palette for the center. Provide summary table applying indexing identification to plant materials in their actual location. The plant table shall list botanical and common names, sizes, spacing, actual location and quantity of the plant materials proposed. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices (screened from view from right-of-way and on-site by shrubs), pipe size, sprinkler type, spacing and coverage. Details for all equipment shall be provided. Show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas, existing landscaping and walls and proposed new wall locations. The Department of Community Development may request minor substitutions of plant materials or request additional sizing or quantity. Note on plans that adequacy of coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Department of Community Development. 6.2 The submitted landscaping plans at plan check shall reflect the following requirements: Exhibit A Resolution No. 95-21 CUP 94-023 and DR 94-030 Page 7 (4) 6.3 6.4 ae Be Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 8 feet on center when intended as screen planting. Ground cover shall be planted between 8 to 12 inches on center. When 1 gallon plant sizes are used, the spacing may vary according to materials used. Do Ail plant materials shall be installed in a healthy vigorous condition typical to the species and landscaping must be maintained in a neat and healthy condition. This will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of diseased or dead plants. Ail landscaping should be kept below the window areas to maintain visibility. The landscaping and site plans shall be modified where applicable, to include the following items: A row of 5 gallon dwarf oleanders or other alternative shrub shall be provided at the southeast corner of the building, between the turf area and the service sidewalk. Bo Boston Ivy proposed along the screen wall along the outside of the drive aisle shall be eliminated and replaced with creeping fig or other alternative vines consistent with the City's Landscape and Irrigation Guidelines and, where possible, bougainvillea or other alternative vine, shall be planted as accent landscaping along the screen wall adjacent to the drive-thru lane. Co Pursuant to Section 3.8.3I of the ETSP, an opaque screen of not less than 30 inches nor more than 42 inches shall be provided to screen the parking area located at the southwest corner of the subject site, adjacent to Tustin Ranch Road. The site plan indicates the 4 stalls are proposed to be at an elevation of 92 feet and the adjacent earthen berm is at an elevation of 93 feet. An additional opaque screen (wall or berm) shall be provided to Exhibit A Re.~o]ution No. 95-2] CUP 94-023 and DJ{ 94-030 Page 8 (i) 6.5 reach an elevation of 94.5 feet adjacent to the west side of the four proposed parking spaces. The existing masonry wall located north of the drive-thru lane along the Bryan Avenue frontage shall be relocated to be adjacent to the drive-thru aisle and increased in height, from the easternmost edge of the drive-thru lane to the western terminus of the wall, in order to provide a solid screen 4.5 feet above the finished grade of the drive-thru aisle. The screen wall proposed around the northwest corner of the subject site shall be relocated to be closer to the curb of the drive-thru lane in order to avoid the removal of the existing olive trees at this intersection. In addition, the height of this wall shall be increased to provide 4.5 feet of vertical screening above the elevation of the drive-thru lane. An earthen berm, screen wall, or combination thereof as determined necessary, shall be provided along the west side of the drive-thru aisle adjacent to Tustin Ranch Road (approximately 110 feet in length from the southern end of the proposed corner screen wall to the southern terminus of the drive-thru lane, which is north of the required screening noted in Condition 6.4.C.) to provide 4.5 feet of vertical screening above the elevation of the drive-thru lane. The final design and landscaping treatment of the berm shall be reviewed and approved by the Community Development Department. G · A landscaped earthen berm shall be provided adjacent to the 4.5 foot screen wall on the north side of the drive-thru lane on the street side. The final design and landscaping treatment of the berm shall be reviewed and approved by the Community Development Department. Ail landscaping shall be maintained in a healthy condition such that all plant materials are evenly cut, evenly edged, free of bare or brown spots, free of debris, weeds or dead vegetation. E×hibit A Resolution No. 9b-2] CUP 94-023 and DR 94-030 Page 9 (4) (n) (4) (4) (4) SIGNS 7.1 Business identification wall signs, including logos, shall comply with the following standards: a o Tenant identification shall be limited to a maximum of 240 square feet aggregate copy area allocated as desired among up to four building elevations. Any deviation in excess of that shall be approved by the Director of the Community Development Department. 7.2 Ail incidental signs for this project including entry, exit, yield and handicap signs, shall be designed consistent with such signage used elsewhere in the center, subject to review and approval by the Community Development and Public Works Departments. 7.3 No sign component shall flash, blink or be otherwise animated. Such animation is strictly prohibited. 7.4 Two internally illuminated "Pedestrian Crossing" signs shall be installed adjacent to the drive-thru: one on the north side of the building adjacent to the pick-up window and the other on the west side of the building, next to the textured pedestrian walkway. 7.5 Ail exterior illuminated signs shall be installed on a timer so that the illumination is turned off at the closing time of the establishment. 7.6 The sign copy on the proposed tower signs shall have an opaque background, except for the "M" logo. (5) WATER QUALITY M3%NAGEMENT PLAN 8.1 Prior to issuance of building permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on site to control predictable pollutant run-off. This WQMP shall identify: the structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to Exhibit A Resolution No. 9b--21 CUP 94-023 and DR 94-030 Page 10 (5) (5) (5) (5) the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. FIRE DEPARTMENT 9.1 Prior to installation, plans for an approved fire- suppression system for the protection of commercial-type cooking equipment shall be submitted to the Fire Chief for approval. 9.2 Prior to the issuance of any grading permit, street improvement plans with fire lanes shown shall be submitted to and approved by the Fire Chief. Indicate the locations of red curbing and signage. Provide a drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color. 9.3 Prior to the issuance of any building permits, construction details for any emergency access gate shall be submitted to and approved by the Fire Chief. Contact the Orange County Fire Department at (714) 744-6623 for a copy of the "Guidelines for Fire Department Emergency Access." 9.4 The following notes shall be provided on the site plan: no Fire Department Final Inspection Schedule inspection 2 days in advance. 832-1011. Required. Phone (714) Locations and classification of extinguisher to be determined by the fire inspector. Do Storage, dispensing or use of any flammable and combustible liquids, flammable and compressed gasses and other hazardous materials shall comply with Uniform Fire Code Regulations. Building(s) not approved for high piled combustible storage. Materials in closely packed piles shall not exceed 15 feet in height, 122 feet on pallets or in racks and 6 feet for tires, plastics and some flammable liquids if high stock piling, comply with UFC, Art. 81 and NFPAS Std. 231, 231C and 231D. Exhibit A Resolution No. 95-21 CUP 94-023 and DR 94-030 Page 11 Plans of modifications to or new fire protection, detector or alarm system(s) shall be approved by the Fire Department prior to installation. (i) FEES Prior to issuance of any permits, payment shall be made of all required fees, as may be in effect at the time of permit issuance, including, but not limited to: no Ail applicable plan check and permit fees to the Community Development Department, based on the most current schedule, as may be amended prior to permit issuance. Bo New development fees to the Community Development Department in the amount of $.10 per square foot or as may be amended prior to permit issuance. Co School facilities fees to the Tustin Unified School District, subject to any agreement reached and executed between the District and applicant. Do Sewer and water connection fees to the Irvine Ranch Water District, and Major thoroughfare and bridge fees to the Tustin Public Works Department in the amount of $2.84 per square foot of floor area, or as may be amended prior to permit issuance. 10.2 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 $25.00 (twenty five dollars) pursuant to AB 3158, Chapter 1706, Statues of 1990, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the approval for the project granted herein shall be considered automatically null and void. Exhibit A Resolution No. 95-21 CUP 94-023 and DR 94-030 Page 12 In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hour of notification, a cashier's check payable to the COUNTY CLERK in the amount of $1,250 (one thousand, two hundred fifty dollars) pursuant to AB 3158, Chapter 1706, Statues of 1990. If this fee is imposed, the subject project shall not be operative, vested or final un]ess and until the fee is paid.