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HomeMy WebLinkAboutPC RES 362920 24 "9 RESOLUTION NO. 3629 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 97-028 AND DESIGN REVIEW 97-036, AUTHORIZING THE CONVERSION OF A VACANT BANK BUILDING INTO A FAST FOOD RESTAURANT WITH DRIVE-THRU SERVICE WITHIN AN EXISTING COMMERCIAL CENTER AT 14601 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 97-028 and Design Review 97-036 was filed by Masroor Batla of the Batla Food Group on behalf of the property owners to request authorization for the conversion of a vacant 4,400 square foot bank building into a 4,000 square foot fast food restaurant with drive-thru service within an existing commercial center located at 14601 Red Hill Avenue, more specifically described as Assessor's Parcel No. 432-171-10. Bo That the proposed use is allowed within the C-2 Central Commercial District, with the approval of a Conditional Use Permit (TCC Section 9233(0)(g)). Co That a public hearing was duly called, noticed and held on said application on November 9, 1998 by the Planning Commission. Do 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 separation of the' drive-thru aisle from on-site parking, the exit from the drive-thru aisle which directs traffic away from the southernmost driveway, and the use of informational/directionalsigns. 2) The location of the project site within the center is set back from the primary public access drives and would not impact the off-site circulation system. 3) Light, glare and noise from the drive-thru facility would be minimized through the height modification to the existing masonry wall along the southern property line, the installation of a masonry wall along the drive-thru aisle, and ]0 ]7 ]8 ]9 20 21 2') Resolution No. 3629 Page 2 landscaping improvements. With these improvements, noise levels are not projected to exceed 45 dB(A) at the nearest residential property line. 4) The applicant will complete a noise study evaluating the drive-thru operations and compliance with the City's Noise Ordinance prior to issuance of a Certificate of Occupancy. Within thirty (30) days of issuance of a Certificate of Occupancy, a qualified noise consultant will prepare a noise analysis to demonstrate that the noise levels do not exceed the maximum noise levels allowed by the City's Noise Ordinance. If noise levels exceed the maximum allowable levels, the applicant will be required to implement mitigation measures to bring the restaurant operations into compliance with the City's Noise Ordinance. 5) The use of BACT-Certified emission control devices on all cooking and exhaust equipment would minimize smoke and odor generation from the restaurant. 6) The hours of operation would be limited to 6:00 a.m. to 11:00 p.m., Sunday to Thursday and 6:00 a.m. to 12:00 a.m., Friday and Saturday. 7) The accumulation of litter on site would be controlled by the placement of trash receptacles inside of each building exit and by' the requirement for employees to collect litter from around the restaurant site after each peak meal period. E, Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 97-036, 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. ]4 20 24 2'/ Resolution No. 3629 Page 3 . Towers, chimneys, roof structures, flagpoles, radio and television antennae. o o Landscaping, parking area design and traffic circulation. Location', height and standards of exterior illumination. , 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. Fi A Negative Declaration has been prepared and recommended for certification for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). Go 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. Ho 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. ]0 ]4 20 22 2.6 2? Resolution No. 3629 Page 4 II. The Planning Commission hereby recommends that the City Council approve Conditional Use Permit 97-028 and Design Review 97-036 to authorize the conversion of a vacant bank building into a 4,000 square foot fast food restaurant with drive-thru service within an existing commercial center located at 14601 Red Hill Avenue, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a 9th day of November, 1998. LESLIE A. PO'NTIOUS ~LIZABE'I'~H A. B'INS,~C'-K" Planning Commission Secretary 20 24 2? Resolution No. 3629 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. 3629 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of November, 1998. E~ ~B ETH- A.-B I N'SAC"-~ Planning Commission Secretary EXHIBITA CONDITIONAL USE PERMIT 97-028 AND DESIGN REVIEW 97-036 CONDITIONS OF APPROVAL RESOLUTION NO. 3629 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 9, 1998, 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 97-028 and DR 97-036 is contingent upon the applicant and property owners signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities aris!ng out of a challenge of the City's approval of this project. PLAN SUBMITTAL (1)(2) 2.1 At building plan check, submit four (4) sets of plans, two sets of soils reports, structural and energy calculations, specifications and acoustical report. Electrical, mechanical and plumbing plans shall be included. Grading plans, signage plans, and a Drainage Area Management Plan shall be submitted separately. (1)(2) 2.2 All grading, drainage, vegetation and circulation shall comply with the City of Tustin Grading Manual. All street sections, curbs, gutters, sidewalks, lighting and storm drains shall comply with on-site improvement standards. Any deviations shall be brought to the attention of the Building Official and request for approval shall be submitted in writing prior to any approval. (1)(2) 2.3 The building shall comply in all respects with the Building Code, other related codes, City Ordinances, and state and federal laws and regulations, including Title 24 energy conservation requirements. (3) 2.4 Mechanical ventilation shall be provided based on the number of occupants. SOURCE CODES (1) STANDARD CONDITION ($) (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (6) (4) DESIGN REVIEW (7) RESPONSIBLE AGENCY EQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY ExhibitA Resolution No. 3629 Page 2 *** EXCEPTIONS (4)(2) 2.5 (4)(2) 2.6 (3) 2.7 (2) 2.8 (4)(2) 2.9 (4)(2) 2.10 The applicant shall construct a minimum four (4) foot wide sidewalk behind the drive apron. The maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron shall be ten percent. This will require dedication of additional right-of-way to accommodate the sidewalk construction. A legal description and sketch of the dedication area, prepared by a California Registered Civil Engineer and/or California Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval. The configuration of the new drive aprons should be shown on the plot plan and landscape plan as this will have an impact on the planter areas adjacent to the drive aprons. 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. Construction or replacement of all missing or ~lamaged public improvements adjacent to this development will be required. A separate 24"x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required. Said plan shall show all existing public improvements along with all new construction to include but not be limited to the following: a). b) c) d) e) Curb and gutter Sidewalk/curb ramps Drive aprons (meeting current Federal ADA requirements) Underground utility connections Signing and striping In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a Califomia Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. Provide complete details for accessible paths of travel throughout the site, including pedestrian circulation from public right-of-way to the buildings and throughout the new structures. The tenant space, parking spaces, entrances to the building, path of travel from the parking area to the building, and sanitary facilities shall be accessible to persons with disabilities. The applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (VVQMP) 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 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. The site will be designed so that all parking area surface run-off is directed to and picked up by the storm drain system. The applicant shall make use of water conserving plumbing fixtures throughout the building in conformance with the California Health and Safety Code Section · 17921.3. ExhibitA Resolution No. 3629 Page 3 (5) 2.11 Prior to submittal to Building plan check, the plans shall be designed to provide that all drive approaches meet current federal ADA requirements. (5)(2) 2.12 Complete the hazardous material questionnaire and the air quality questionnaire and submit to Building Division and the proper agencies. If the answer to any of the questions is "yes", clearances from the Hazardous Material Disclosure Office and from the Air Quality Management District shall be submitted to the Building Division prior to approval. (5)(2) 2.13 All hazardous materials shall be handled and disposed of in accordance with all Orange County Health Care Agency - Environmental Health Division, and Orange County Fire Authority requirements. (5) 2.14 Trash enclosures shall comply with Great Western Reclamation and City of Tustin standards. (4) 2.15 Trash receptacles shall be placed inside every exit from the dining area and the play area. (3) 2.16 All building locking devices added to the premises shall meet those requirements as set forth in the Building Security Code. 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 sign plans shall include dimensions, materials, colors, and method of illumination. The design, size, location, installation and maintenance of said signs shall be in compliance with the Tustin Sign Code. SITE AND BUILDING CONDITIONS (4) 4.1 Provide exact details for exterior doors and window types on construction plans. (2)(5) 4.2 The applicant will be required to install Best Available Control Technology (BACT) - certified emission control devices on all cooking and exhaust equipment that complies with Southern California Air Quality Management District standards for smoke, odor and particulate generation. In particular, the applicant shall install Fast Food Broiler Smoke Elimination Catalysts on all cooking and exhaust equipment. (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 clearly noted on submitted construction plans and elevations. Exhibit A Resolution No. 3629 Page.4 (4)(2) 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 upward or downward. Parking area lights shall be on a 19 foot tall pole and project light directly downward, similar to the single fixture over the handicapped parking stalls in front of the Ralphs. All lighting shall be developed to provide a minimum of one (1) footcandle of light coverage, in accordance with the City's Security 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. 4.8 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 shal! 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) 4.9 All roof access shall be provided from the inside of the building. (4) 4.10 No extedor 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 Indicate the location of all exterior mechanical equipment. 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) 4.13 A grading plan will be required based on the Orange County Surveyor's bench mark datum. (4)(2) 4.14 The drive-thru lane shall be limited to left turn only. The planter island and landscaping south of the drive-thru lane shall be extended eastward approximately 25 feet, maintaining the 12 foot drive aisle width, terminating in a radius tip to direct drive-thru customers north away from the southernmost drive entrance. Said extension shall be designed to the satisfaction of the City Engineer. (4)(2) 4.15 A preview board shall be installed approximately twenty feet prior to the menu board/speaker. The menu board may have a read back feature if the noise study required by Conditions 6.2 or 6.3 warrant its inclusion as a mitigation measure. Details of the menu board system shall be subject to final approval of the Community Development Director during plan check. ExhibitA Resolution No. 3629 Page 5 LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (1)(2) 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. Said plans shall be consistent with the existing landscaping within the center. 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 right-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 5 gallon size and shall be spaced a minimum of 8 feet on center when intended as screen planting. B. Ground cover shall be planted between 8 to 12 inches on center. C. VVhen 1 gallon plant sizes are used, the spacing may vary according to materials used. D, 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. (s)(2) 5.3 Applicant shall restripe the parking lot(s) for the center in substantial conformance with the approved plans dated November 9, 1998. The entire parking surface for the center' shall be slurry sealed and restriped to the satisfaction of the Community Development Department. A minimum of three (3) diamond-shaped planter islands shall be installed in the center of the double-row of parking immediately north of the building. The planters shall be fully irrigated and shall be planted with Italian Cypress or other similar trees. (4)(2) 5.4 The planter island adjacent to the drive-thru aisle shall be planted with Italian Cypress planted five feet on center, or other similar trees as approved by the Community Development Department. A six (6) foot high masonry sound wall shall be constructed in the planter island from the southwestern corner of the drive- thru aisle to the pickup window. An earthen berm shall be constructed at the Exhibit A Resolution No. 3629 Page 6 eastern end of the sound wall. The berm shall be thirty-six inches in height and shall taper down to meet the existing landscaping adjacent to Red Hill Avenue. (4) 5.5 Six (6) inch continuous concrete curbing shall be used through the parking lot, landscaped areas and adjacent to sidewalks, except where required to satisfy handicap access requirements. (4)(2) 5.6 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. (4)(2) 5.7 Sight distances at each access driveway shall be reviewed for compliance with Orange County EMA Standard Plan 1117, when landscaping and improvement plans are prepared, including the existing perimeter block wall. NOISE (5)(2) (5)(2) 6.1 6,2 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 Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. 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 the adjacent residential development. A final noise analysis shall be prepared based on the final working drawings to determine compliance with the City's Noise Ordinance. Said noise analysis shall be reviewed and approved by the Community Development Department prior to the issuance of building permits. The height of the sound walls shall be reviewed and evaluated as part of the noise analysis, and raised to the maximum height feasible to achieve noise mitigation. (2) 6.3 Prior to issuance of a Certificate of Occupancy, the applicant shall submit a $2,500 deposit with the City for the completion of a noise study evaluating the drive-thru operations and compliance with the City's Noise Ordinance. Within thirty (30) days of issuance of a Certificate of Occupancy, the Community Development Director shall select a qualified noise consultant to prepare a noise analysis to demonstrate that the noise levels do not exceed the maximum noise levels allowed by the City's Noise Ordinance. The applicant shall be responsible for all costs associated with the preparation of the study, and implementation of any mitigation measures to comply with the City's Noise Ordinance. (5) 6.4 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. (2) 6.5 All exterior mechanical equipment, including air conditioners, ice makers, exhaust fans, refrigeration, condensers, etc. shall have a Sound Rating of 50 dBA at 50 feet or less. · Exhibit A Resolution No. 3629 Page 7 FIRE AUTHORITY (5)(2) 7.1 Prior to the approval of a site development/use permit, or the issuance of any building permits, the applicant shall submit plans for 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. (5) 7.2 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 ***(2) 8.1 Hours of operation of the restaurant and drive thru lane shall be limited to 6:00 a.m. to 11:00 p.m., Sunday through Thursday, and 6:00 a.m. to 12:00 a.m. on Friday and Saturday. (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. ***(2) 8.3 Deliveries to the restaurant shall be limited to between the hours of 7:00 a.m. to 7:00 p.m. ***(2) 8.4 Employees shall be required to collect and appropriately dispose of trash, litter, and debris accumulated around the site at regular intervals and after each peak meal period. *** 8.5 No exterior phones shall be installed at the project site. FEES (1)(2) 9.1 (5) Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees to the Community Development Department based on the most current schedule. S. 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 additional building area over the square footage of the existing bank building. Co Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. ExhibitA Resolution No. 3629 Page 8 Do Transportation System Improvement Program (TSIP), Benefit Area "B" fees in the amount of $3.31 per square foot of additional building area over the square footage of the existing bank building. Eo Major thoroughfare and bridge fees in the amount of $2.96 per square foot of additional building area over the square footage of the existing bank building. (1) 9.2 (5) 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.