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HomeMy WebLinkAboutPC RES 345410 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3454 A RESOLUTION-'OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 92-006 AND DESIGN REVIEW 92-015, AUTHORIZING OUTDOOR SEATING IN CONJUNCTION WITH A RESTAURANT AT 14982 RED HILL AVENUE. The Planning Commission does hereby resolve as follows: I o The Planning Commission finds and determines as follows: no That a proper application for Conditional Use Permit 92-006 and Design Review 92-015 was filed by Mike Gravitt to request establishment of outdoor seating and site modifications in conjunction with a restaurant at 14982 Red Hill Avenue. B , That the proposed use is allowed within the M, Industrial Zoning District, with the approval of a Conditional Use Permit. C , That a public hearing was duly called, noticed and held on said application on June 24, 1996 by the Planning Commission. D , That establishment, maintenance, and operation of outdoor seating in conjunction with a restaurant use, as conditioned, will not 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: The application is in compliance with the City's adopted guidelines for outdoor seating in conjunction with restaurant uses, which have been established and considered to ensure compatibility with surrounding uses. . The serving of alcohol in the outdoor seating areas shall be consistent with Department of Alcoholic Beverage Control standards in that barriers shall be constructed along the boundaries of the seating areas. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3454 Page 2 , Adequate parking will be provided for the ou%door seating areas pursuant to Section 9232c(2) (f) of the Tustin City Code. · The outdoor seating areas 'will be architecturally integrated into the overall design of the restaurant through the use of common design elements. o The nearest residential uses are separated from the proposed outdoor dining areas by a minimum distance of 260 feet, which exceeds the minimum distance of 200 feet recommended by the City's adopted guidelines for outdoor seating areas· m o Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 92-015 will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole, tn making such findings, the Commission has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site planning. Landscaping, parking area design and traffic circulation. . Location, height and exterior illumination. standards of . · Location and method of refuse storage. Physical relationship of proposed improvements to existing structures in the neighborhood. o Appearance and design relationship of proposed improvements to existing structures and possible future structures in the neighborhood and public thoroughfares. , Development Guidelines and criteria as adopted by the City Council· 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3454 Page 3 F o This project has been determined to be categorically exempt (ClAss 1) pursuant to Section 15301 of the California Environmental Quality Act. G o That the project has been reviewed for consistency with the Air Quality Sub-element of the. City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. II. The Planning Commission hereby approves Conditional Use Permit No. 92-006 and Design Review 92-015 to authorize establishment of outdoor seating and related site improvements in conjunction with a restaurant at 14982 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 regular meeting on the 24th day of June, 1996. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3454 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of June, 1996. EXHIBIT A CONDITIONAL USE PERMIT 92-006 AND DESIGN REVIEW 92-015 CONDITIONS OF APPROVAL RESOLUTION NO. 3454 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped June 24, 1996, 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 to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code. (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 within eighteen (18) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. The issuance of an amended ABC license prior to the commencement of substantial construction shall not vest approval of the subject project. (5) 1.4 A separate application shall be filed with the Department' of Alcoholic Beverage Control to expand the premises and serve alcoholic beverages outdoors. No alcohol may be served outdoors until the City has issued a Conditional Use Permit and ABC has issued an amended license for such. (1) 1.5 Approval of Conditional Use Permit 92-006 and Design Review 92-015 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. SOURCE CODES (1) STA1N-DARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Resolution No. 3454 Page 2 (1) 1.6 The applicant shall hold and defend t'he City of Tustin harmless for all claims and liabilities arising out of City's approval of the entitlement process for this project. PLAN SUBMITTAL (1).. 2.1 At building plan check, submit three (3) sets of construction and site improvement plans in accordance with applicable Building and Fire Codes. Compliance with approved plans shall be inspected by the Community Development Department during construction and prior to final inspection. (1). 2.2 The project notes shall correctly identify the name and address of the property owner. (1) 2.3 The site plan and/or floor plans shall be revised on the final construction drawings to be in compliance with the Zoning Code parking requirements, as described below: A, Dining areas - 1 space per 3 seats; Dance Floor Area - 1 space per 7 square feet; Pool Table Area - 1 space per 100 square feet. For. the purpose of ca'lculating these parking requirements, every 24 inches of bench seating shall be counted as one seat. *** 2.4 To eliminate potential circulation conflicts' within the parking lot,. the site plan shall be revised on the final construction drawings so that access to the new drive aisle is taken from the north end of the parking lot. The south access point to the new drive aisle shall be eliminated. (1) 2.5 The proposed outdoor patio and second-story deck shall comply in all respects with the Building Code, other related codes, City Ordinances, and State and Federal Laws and regulations. (1) 2.6 Health Department approval is required prior to issuance of a building permit. (3) 2.7 Provide dimensions between tables, chairs, and walls. All seating areas must meet all UBC requirements, including American Disability Act (ADA) requirements. Exhibit A Resolution No. 3454 Page 3 .- (7) 2.8 Provide manufacturer's specifications and details or catalog information regarding outdoor tables, seats, and trash receptacles. No alterations to the approved colors or fabrics of the tables, seats, structural elements, umbrellas, furniture, covers, trash receptacles, or other physical elements-which are visible to the public right- of-way shall be made without prior written approval from the Community Development Department. (3) 2.9 A minimum of six (6) parking spaces, the primary entrance and path of travel to the building, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. (3) 2.10 The height of the guardrail of the proposed second-story deck shall be a minimum of 42 inches above the floor. (3) 2.11 Emergency exit gates in the outdoor dining areas shall comply with UBC Sections 3303 and 3304 and the Disabled Access Regulations. (4) 2.12 The outside corners of all new curb areas must be rounded to minimize safety hazards and damage. (4) 2o13 Paved breaks shall be provided within the raised landscaped planter separating the proposed new drive aisle from the existing parking area to facilitate pedestrian travel. *** 2.14 At the time of Plan check submittal, an arborist report prepared by an I.S.A. Certified California Arborist, shall be submitted which assesses the areas affected by grading and construction activities for the outdoor seating areas. Final grading design shall follow the recommendations of the arborist report to ensure that any grading, slabs or slab footings will not harm the tree roots or drip lines during and following construction. During and after grading operations, adequate measures must be taken to protect and ensure the viability of the existing trees. Exhibit A Resolution No. 3454 Page 4 (6) 2.15 Prior to the issuahce of any building or grading permits, submit at Plan Check complete detailed landscaping and irrigation plans for all landscape areas proposed on the site consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements. Provide summary table applying indexing identification to plant materials in their actual-location. The plant table shall list botanical and common names, sizes, spacing, 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, pipe size, sprinkler type, spacing and coverage. Details for all equipment must be provided. Show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during Plan Check. Note on landscaping plan that coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Community Development DePartment. (6) 2.16 The submitted landscape and irrigation plans at Plan Check shall be in substantial conformance with the conceptual landscape plans and shall reflect the following requirements, either incorporated into the design and/or construction or included as notes: a . Shrubs shall be a minimum five gallon size and shall be spaced a minimum of eight feet on center when intended as screen planting. bo Groundcover shall be planted between eight to twelve inches on center. C o When one 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 must be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. e . Buffer driveway and parking areas with landscaping berms when possible. Exhibit A Resolution No. 3454 Page 5 f o Six (6) inch' raised concrete curbs shall be placed on-site adjacent to all landscape planting areas. (1) 2.17 An adequate size trash enclosure with solid metal, self- closing, self-latching gates shall be provided. Said enclosure shall be screened by a solid decorative wall and be of a minimum height of six feet. The location of the enclosure and types of screening and details of the enclosure shall be submitted at Building Plan Check and are subject to approval by the Community Development Department. Details shall include gate attachment, architecture, color and materials. The location of bins, sizes and quantities shall be reviewed and accepted by Great West'ern Reclamation. 2.18 The undeveloped easterly portion of the subject property shall be hydroseeded and maintained by an automatic irrigation system adequate to serve the entire hydroseeded area. Landscaping and irrigation plans for said area shall be submitted in accordance with Condition 2.15 above. NOISE (1) 3.1 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, unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired, subject to application being made at the time the permit for the work is awarded or during progress of the work. No Sunday or holiday construction shall be permitted. (1) 3.2 Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are prohibited. PUBLIC WORKS (1) 4.1 Show sight lines on ~he landscape plan at the drive entrance per OCEMA Standard No. 1117. (6) 4.2 The landscape materials shall not conflict with the visual requirements of the property's driveway approaches. Exhibit A Resolution No. 3454 Page 6 (4) 4.3 The City of Tustin'has a Capital Improvement Project for the future widening of Edinger Avenue from State Route 55 easterly to Harvard Avenue. At this time, it is anticipated that the future widening along Edinger Avenue adjacent to this development will require an additional 17 feet of right-of-way near the intersection of Red Hill Avenue, and tapering down to 5 feet of additional right- of-way near the existing driveway. Final construction plans for the proposed outdoor seating area facing Edinger Avenue shall be designed to ensure that no future modifications will be necessary to accommodate the proposed street widening. Failure to do so shall require any such modifications to be performed at the property owner's and/or applicant's sole expense. Plans and specifications for the applicable street sections are available from the Public Works Department at (714) 573-3175. (1) 4.4 At the time the street widening is constructed, the City will require a right-of-entry to make minor on-site grade adjustments to provide a smooth transition between the on-site improvements and the new street improvements. All on-site adjustments will be at City expense. POLICE DEPARTMENT (5) 5.1 Management and staff shall continuously monitor the exterior balcony/deck area to ensure that disorderly conduct (i.e. a "Mardi Gras" or "fraternity row" type behavior) does not occur. .(5) 5.2 Any furniture not permanently affixed to the ground shall be removed and properly stored after hours to prevent theft or loitering. FIRE AUTHORITY (5) 6.1 The following notes shall be provided on the construction plans: a. Fire Authority Final Inspection required. Schedule inspection 2 days in advance. Phone (714) 832-1011 B · Locations and classification of extinguishes to be determined by the fire inspector. Exhibit A Resolution No. 3454 Page 7 C o Storage, dispensing or use of any flammable and combustible liquids, flammable and compressed gases and other hazardous materials shall comply with Uniform Fire Code Regulations. (3) 6.2 Emergency exit doors/gates shall be provided from the patio areas. For occupants exiting from the patio areas, and from the restaurant into the patio areas, a method of exiting from the patio areas shall be provided. Exit doors/gates shall conform with UBC Chapter 33. 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 Authority at (714) 742-6623 for a copy of the "Guidelines for Fire Authority Emergency Access." (3) 6.3 The door swing on second-story deck shall comply with UBC Chapter 33. (5) 6.4 "No Parking" signs and/or red curbing shall be provided along the parking areas adjacent to the patios. ARCHITECTURE (1) 7.1 Ail mechanical and electrical fixtures and equipment (4) shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall blend with the architectural design of the building. Ail telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the project maintaining sufficient distance to minimize visual impacts from Red Hill Avenue and Edinger Avenue. (4) 7~2 The walls of latticework mechanical equipment screen structures shall be solid. If needed for ventilation purposes, the side of each screen structure that is least visible from the public right-of-way may incorporate open latticework. (1) 7.3 Mechanical equipment such'as, but not limited to heater (4) and filter units, pump units, air conditioning condensers and similar devices shall be screened from street view. Exhibit A Resolution No. 3454 Page 8 (1) 7.4 Exterior elevatiohs of the building shall indicate any (4) fixtures or equipment to be located on the'roof of the building, equipment heights and type of screening. Ail roof mounted equipment, vents, exhausts or other roof penetrations shall be located a minimum of 6 inches below the top of parapets. (1) 7.5 Provide exact d~tails of all new exterior door and window types, including but not limited to such information as frame color and glass tint. (1) 7.6 "No Loitering" signs shall be posted on the site, with sign details and locations to be approved by the Community Development Department. (1)t 7.7 Ail exposed metal flashing or trim shall be painted to match the building. -. (1) 7.8 Ail On-site pavement within the delineated project boundaries, including pedestrian walkways, shall be replaced or repaired such that they are free of significant cracks or other damage. Existing curbing shall also be replaced or repaired. Color and materials of curbing are subject to review and approval by the Community Development Department. (1) 7.9 Three (3) inch.striping detail shall be shown for all parking spaces. Handicapped marking shall be provided on the designated accessible parking space. (1) 7.10 The 6verall lighting for the project shall comply with the City of Tustin Security Ordinance and shall provide a minimum of one (1) footcandle of lighting illumination throughout the site. All exterior lighting shall be arranged as not to direct light or glare onto adjacent properties or streets. USE RESTRICTIONS - PROPERTY MAINTENANCE (1) 8.1 The applicant and/or property 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. Exhibit A Resolution No. 3454 Page 9 (4) 8.2 To prevent loitering, no exterior public phones are to be allowed on the subject site. (4) 8.3 Any violations of the Tustin City Codes or Conditions of Approval of this CUP shall be grounds for initiation of revocation proceedings of the Conditional Use Permit. (1) 8.4 The subject property shall be maintained in a safe, clean and sanitary condition at all times. USE RESTRICTIONS - OUTDOOR SEATING (7) 9.1 No alcoholic beverages will be permitted to be served in the outdoor seating area, unless an approved ABC barrier is provided and all applicable ABC licenses are obtained. *** 9.2 The area designated UBuffet and BBQ Area" shall be limited to the stated use and shall be used for seating. (7) 9.3 No outdoor entertainment shall be permitted, unless a separate Conditional Use Permit for such entertainment is obtained from the City of Tustin. (7) 9.4 Authorization for outdoor seating is contingent upon the use of the subject site remaining a restaurant. At such time that the restaurant use is converted to a different use, this use permit becomes null and void. (7) 9.5 The outdoor seating area shall be cleaned on a continual, daily basis for removal of litter and food items which constitute a public nuisance. The design of any trash receptacles to be placed within the outdoor seating area shall be compatible with the other elements of the outdoor seating area, as determined by the Community Development Department. (7) 9.6 Ail personsselling alcoholic beverages shall be 18 years of age or older and shall be supervised by someone 21 years of age or older. A supervisor shall be present in same area as point of sale. *** 9.7 Outdoor seating and dining service in the north patio area shall cease operations at 8:00 p.m. Operating hours in the south patio and deck area shall be limited to the operating hours of the restaurant. Exhibit A Resolution No. 3454 Page 10 FEES (1) 10.1 Prior to issuance of any building permits, payment shall (5) 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. o New development fees in the amount of $.10 per square foot of new floor area to the Community Development Department. Note: This fee applies pnl¥ -- to the new floor area added to the existing building. C o Major thoroughfare and bridge fees in the amount of $2.84 per square foot of new building area to the Tustin Public Works Department. Note: This fee applies only to the new floor area added to the existing building. D . School facilities fee to the Tustin Unified School District, if applicable, subject to any agreement reached and executed between the District and the applicant. (1) 10.2 Within forty-eight (48) hours of approval of the subject (5) 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.