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HomeMy WebLinkAboutPC RES 368120 2! 22 24 25 26 2'7 28 RESOLUTION NO. 3681 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 99- 002(A), DESIGN REVIEW 99-001 AND SIGN CODE EXCEPTION 99-001(A), AUTHORIZING THE CONSTRUCTION OF A FAST FOOD RESTAURANT WITH DRIVE-THRU SERVICE AND FOUR (4) WALL SIGNS TOTALLING 121 SQUARE FEET OF AREA ON A VACANT PARCEL LOCATED AT 13922 RED HILL AVENUE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: Ao That a proper application for Conditional Use Permit 99-002(A), Design Review 99-001 and Sign Code Exception 99-001(A) was filed by Kent Bickell of Consolidated Restaurants of Califomia on behalf of the property owners to request authorization for construction of a 3,322 square foot fast food restaurant with drive- thru service, and installation of four (4) wall on a vacant parcel located at 13922 Red Hill Avenue, more specifically described as Assessor's Parcel Nos. 500-021-02 and 500-021-04. S. That the proposed use is allowed within the C-2 Central Commercial District, with the approval of a Conditional Use Permit (TCC Section 9233(C)(g)) and a Sign Code Exception (TCC Section 9405(C)). Co That a public hearing was duly called, noticed and held on said application on July 12, 1999 by the Planning Commission. D. That the establishment, maintenance and operation of the uses applied for 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, as evidenced by the following findings: 1) On-site traffic concerns would be mitigated through the implementation of the improvements identified in the applicant's traffic study and recommended by the City's Traffic Engineer. 2) As conditioned, light/glare and noise from the drive-thru facility would be screened through the use of proposed site and landscaping improvements. 3) The hours of operation would be limited to 6:00 a.m. to 1:00 a.m., daily. ]0 20 24 25 Resolution No. 3681 Page 2 4) All operations, including the drive-thru and menu board shall comply with the City of Tustin Noise Ordinance. Eo Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 99-001, as conditioned, 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. 5. Size and spacing of windows, doors and other openings. . Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. 9~ Location and appearance of equipment located outside of an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signage. 14.. Development Guidelines and criteria as adopted by the City Council. ]0 ]2 ]3 ]4 ]7 ]8 20 22 23 24 25 26 27 Resolution No. 3681 Page 3 Fo Pursuant to Sign Code Section 9405c, the request to install the four (4) wall signs can be supported by the following findings: lJ Sign size and placement restrictions of the Sign Code shall be closely followed as practicable. The total area of the four (4) proposed wall signs is less than the total allowable area for a primary and two secondary signs by approximately four (4) square feet. The increased area for the three (3) secondary signs consistent with the pdmary sign in size and design. All signs would be installed on walls or parapets of the same size complementing the design of the restaurant building. 1 The intent and purpose of the sign regulations of the land use zone in which the sign is to be located shall be followed as closely as practicable. The proposed wall signs will appear in scale with the project and are compatible with the project's color palette. . There are special circumstances unique to the property to justify the exception. The project site is roughly triangular in shape, and is bounded on two sides by public street rights-of-way and on the third side by a freeway off-ramp and overpass. Consistent with the purpose of the Sign Code, the proposed wall signs would create better visibility given the project's proximity to three (3) separate rights-of-way. . Granting of the wall sign exception will not have a negative impact on surrounding properties. The proposed wall signs will not be detrimental .to, or have a negative effect on, surrounding properties in that the signs are compatible with uses in the surrounding area in location, size, and fabrication. The proposed wall signs complement the architecture of the center and are directed away from adjacent residential properties. Se The sign application promotes the public health, safety, welfare and aesthetics of the community and that the granting of the exception meets the findings and intent of the Sign Code. The proposed sign would improve the aesthetics of the subject property in that the signs are designed to be an integral component of the building architecture. ]4 20 22 24 -.*5 Resolution No. 3681 Page 4 S. A Negative Declaration has been prepared and certified for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). Ho 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. That the project has been reviewed for compliance with the Americans with Disabilities Act of 1990 and it has been determined that dedications of right-of-way at the drive apron and all radius type driveways are necessary for compliance with the requirements of ADA. II. The Planning Commission hereby takes the following actions: . Conditional Use Permit 99-002(A) and Design Review 99-001 to authorize the construction of a 3,300 square foot fast food restaurant with drive-thru service on two vacant parcels located at 13922 Red Hill Avenue, is approved subject to the conditions contained in Exhibit A, attached hereto. . Sign Code Exception 99-001(A) regarding the installation of four (4) wall signs totaling approximately 121 square feet in area at the subject property, is approved subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 12th day of July, 1999. NTIOUS Chairperson ELIZABETH A. BINSAC~I:~ Planning Commission Secretary 14 20 25 26 _"7 Resolution No. 3681 Page 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3681 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of July, 1999. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL EXHIBIT A CUP 99-002(A), DR 99-001 AND SCE 99-001(A) 13922 RED HILL AVENUE CONDITIONS OF APPROVAL RESOLUTION NO. 3681 (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped July 12, 1999 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 also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be' complied with 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 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 99-002(A), DR 99-001 and SCE 99-001(A) is contingent upon the applicant and property owners signing and retuming an "Agreement to Conditions Imposed" form as established by the Community Development Department. (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 approyal of this project. PLAN SUBMITTAL (1) 2.1 At building plan check submittal the following shall be provided: Ao Construction plans, structural calculations, and Title 24 energy calculations. Requirements of the most recently adopted Uniform Building Code, State Disabled Access and Energy Requirements shall be complied with as required by the Building Official. B. Preliminary technical details and plans for all utility installations including telephone, gas, water and electricity. Additionally, there shall be a note on the plans stating that no field changes shall be made without corrections submitted to and approved by the Building Official. SOURCE CODES (1) (z) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN RENEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY EQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3681 Page 2 C. Final grading and specifications consistent with the site plan and landscaping plans and prepared by a registered civil engineer for approval by the Community Development Department. D, A precise soils engineering report provided by a civil engineer within the previous twelve (12) months. (3) 2.2 A surety/cash bond will be required to assure work is completed in accordance with approved plans. Bonds will be based upon the estimated cost of the grading, drainage, and erosion control prior to the issuance of a grading permit. (3) 2.3 Two (2) disabled accessible parking spaces shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the' building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. (4) 2.4 At Building Plan Check, manufacturer's details of all lighting fixtures and a lighting plan which identifies the location, type of fixture, and intensity of all exterior building mounted and free-standing lighting shall be provided. A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one footcandle of light, and lighting shall not produce light or glare or have a negative impact on adjacent properties." Provide a photometric study verifying compliance with this requirement. All light fixtures shall be architecturally compatible with the proposed and existing structures. (1) 2.5 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 · 1996 National Electrical Code with California Amendments · City of Tustin Grading and Security Ordinance · City of Tustin Landscaping and Irrigation Guidelines · City of Tustin Private Improvements Standards (1) 2.6 Submit seven (7) sets of building plans to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.7' Submit seven (7) sets of excavating/grading plans and two preliminary soils reports to the Building Division for review and approval prior to the issuance of a grading permit. (1) 2.8 The engineer of record must submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.9 The engineer of record must submit a letter of pad certification to the Building Division for review and approval prior to the issuance of a building permit. Exhibit A Resolution No. 3681 Page 3 (1) 2.10 Drainage, vegetation, circulation, street/driveway sections, curbs, gutters, sidewalks, and storm drains shall comply with the City of Tustin Private Improvement Standards. (3) 2.11 A parcel map consolidating all affected parcels into one legal parcel will be required prior to issuance of grading or building permits. (5) 2.12 Prior to permit issuance, clearance from the Orange County Health Department is required. SIGNS (4) 3.1 Prior to issuance of a Certificate of Occupancy, complete sign plans shall be submitted which address all proposed wall, directional, and address signs. The existing pylon sign structure shall be removed. The sign plans shall include dimensions, materials, colors, and method of illumination. SITE AND BUILDING CONDITIONS (4) 4.1 Provide exact details for exterior doors and window types on construction plans. (2)(5) 4.2 All cooking and exhaust equipment shall utilize Best Available Control Techniques in accordance with Air Quality Management District standards to minimize smoke, odor and particulate .emissions. (4) 4.3 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 design (1) 4.4 All final colors and materials to be used shall be subject to review and approval by the Community Development Department. All exterior treatments shall be coordinated with regard to color, materials and detailing and cleady noted on submitted construction plans and elevations. (4) 4.5 Provide plans and details of all proposed lighting fixtures and a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures. The fixtures proposed shall be modified to be decorative in design and consistent with the architecture of the building. Wall mounted fixtures shall be directed at a 90 degree angle directly downward. Parking area lights shall project light directly downward. All lighting shall be developed to provide a minimum of one (1) footcandle of light coverage, in accordance with the City's Secudty Code. (4) 4.6 All exposed metal flashing or trim shall be painted to match the building. (1) 4.7 Note on final plans that a six-foot-high chain link 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. Exhibit A Resolution No. 3681 Page 4 (1) 4.8 Exterior elevations of the building shall indicate any fixtures or equipment to be located on the roof or exterior of the building, and the associated equipment heights and dimensions. 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. All exterior equipment, including gas and electric meters, shall either be enclosed within the building or boxed behind a screen wall designed to be consistent with the main building. · (4) 4.9 All roof access shall be provided from the inside of the building. (4) 4.10 No exterior downspouts shall be permitted; all roof drainage shall utilize interior piping, but may have exterior outlets at base of building. (4) 4.11 Roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. (4) 4.12 (4) 4.13 The landscape screening and architectural design of the trash enclosure shall be subject to approval by the 'Community Development Department. A grading plan will be required based on the Orange County Surveyor's bench mark datum. (4) 4.14 Drive aisle marking/striping shall reflect one-way travel around the building. In addition to the directional striping on the plans, a right-turn only exit sign shall be installed at the end of the drive-thru aisle subject to review and approval by the Community Development Department and the City's Traffic Engineer. (4) 4.15 The property owner shall dedicate a parcel twelve (12) feet of additional street right-of-way along El Camino Real from the existing end curb return (ECR) at the southeast corner of Red Hill Avenue and El Camino Real to the easterly boundary of the subject property, plus an additional parcel for the appropriate corner cut-off from the existing begin curb return (BCR) to the existing ECR at the southeast corner of Red Hill Avenue and El Camino Real for future street widening. Provide legal descriptions and sketches as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. These legal descriptions and sketches are to be submitted to the Engineering Division for review and approval prior to issuance of building permits. All dedications and/or offers of dedication shall also state that the City of Tustin shall be permitted to obtain, at no cost, a right-of-entry for all on-site joins when the ultimate street improvements are constructed. The right-of-entry shall terminate on the date that the Notice of Completion of Public Improvements is recorded at the Orange County Recorder's Office. (4) 4.16 The project site should provide two access driveways onto El Camino Real. The eastern driveway should provide full access with one lane in and two lanes out, and shall incorporate striping and signage to reflect this. The western ddveway shall be restricted to right turn in/right turn out only with signing and striping and provide one lane in and one lane out. Exhibit A Resolution No. 3681 Page 5 LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (1) 5.1 The applicant shall submit for 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. The applicant shall provide a 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 fight-of-way and on-site by shrubs), pipe size, sprinkler type, spacing and coverage. Details for all equipment shall be provided. The plans shall 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. (7) 5.2 The submitted landscaping plans at plan check shall reflect the following requirements: A. Shrubs shall be a minimum of five (5) gallon size and shall be spaced a minimum of eight (8) feet on center when intended as screen planting. Be Ground cover shall be planted between eight (8) to twelve (12) inches on center. C. When I gallon plant sizes are used, the spacing may vary according to materials used. b. All 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. (1) 5.3 A separate 24" X 36" street improvement plan, as prepared by a Califomia Registered Civil Engineer, will be required for all construction within the public right--of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not limited to the following: a. Curb and gutter Sidewalk, including curb ramps for the physically disabled Drive aprons Signing/striping plan Domestic water facilities Underground utility connections Exhibit A Resolution No. 3681 Page 6 g. Traffic signal plan In addition, a 24" X 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. (1) (1) (4) (1) (1) NOISE (5) 5.4 5.5 5.6 5.7 5.8 5.9 6.1 Preparation and submittal of a final grading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: a. c. Final street elevations at key locations. Final pad/finished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevations as defined by FEMA. All flood hazards of record. Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. All vehicle headlight glare shall be adequately screened from view. Plans and sections shall be provided to demonstrate adequate screening, subject to review and approval of the Community Development Department during building plan check. Both horizontal and vertical intersection sight lines will need to b'e checked per County of Orange Public Facilities and Resources Department Standard No. 1117 for all affected streets. The site lines need to be shown on the grading plan and landscape plan. All landscaping within the limited use area will need to comply with County of Orange Public Facilities and Resources Department Standard No. 1117. 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. The applicant shall satisfy dedication and/or reservation requirements as applicable, including but not limited to dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific locations by the City Engineer and other agencies. All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Fdday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. Exhibit A Resolution No. 3681 Page 7 (5) 6.2 All uses and operations on the site shall comply with the City's Noise Ordinance. Speakers used in conjunction with the menu board shall be oriented so as to project sound away from residential properties. (2) 6.3 Should the noise produced by restaurant operations become a nuisance, the applicant shall be required to prepare a noise study to ascertain compliance with the City of Tustin Noise Ordinance, and implement mitigation measures identified by the noise study. (5) 6.4 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. FIRE AUTHORITY (5) 7.1 Obtain wdtten approval from the Fire Chief of all fire protection easements and submit to the Community Development Department in conjunction with the next submittal. Fire protection easements shall be dedicated to the County/City. The approval of the Fire Chief is required for any modifications such as speed bumps, control gates or other changes within said easement(s). Roadways must extend to within 150 feet of all portions of the exterior of any structure and must meet specified criteria such as width, pavement characteristics, roadway gradient, turning radius, etc. (5) 7.2 Obtain written approval from the Fire Chief for street improvement plans with fire lanes shown and submit to the Community Development Department in conjunction with the next submittal. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering, and the contrasting background color shall be submitted to and approved by the Fire Chief. (5) 7.3 Prior to the issuance of a certificate of use and occupancy, the approved fire lane- marking plan shall be installed. The plans shall include a fire lane map and provisions prohibiting parking in the fire lanes..A method of enforcement shall be included. (5) 7.4 Prior to the issuance of any building permits, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to the issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner approved by the Fire Chief. (5) 7.5 Prior to the issuance of a building permit, the applicant shall submit plans for the review and approval of the Fire Chief. The applicant shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744-0403 for the Fire Safety/Architectural Notes to be placed on the plans. Exhibit A Resolution No. 3681 Page 8 (5) 7.6 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 review and approval. USE RESTRICTIONS Hours of operation of the restaurant and drive thru lane shall be limited to 6:00 a.m. to 1:00 a.m. daily. (1) 8.2 The owners shall be respOnsible for the daily maintenance and up-keep of the facility, including but not limited to trash removal, painting, graffiti removal and maintenance of improvements to ensure that the facilities are maintained in a neat and attractive manner. All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structures and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. FEES (1) (5) 9.1 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. Ac Building plan check and permit fees to the Community Development Department based on the most current schedule. Bo Sewer connection fees to the Orange County Sanitation District. The current fee is $472 per 1,000 square feet (minimum $2,360). This fee will apply to any new construction. Co Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. Do Transportation System Improvement Program (TSIP), Benefit Area "B" fees in the amount of $3.31 per square foot of new building area. E, Major thoroughfare and bridge fees in the amount of $2.96 per square foot of new building area. (1) (5) 9.2 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.