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HomeMy WebLinkAboutPC RES 340010 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3400 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING CONDITIONAL USE PERMIT 95-015 AND DESIGN REVIEW 95-030 TO ALLOW CONSTRUCTION OF A FAST- FOOD RESTAURANT WITH DRIVE-THRU SERVICE AND OUTDOOR SEATING LOCATED AT 13221 JAMBOREE ROAD. The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: ae That proper applications for Conditional Use Permit 95-015 and Design Review 95-030 were filed on behalf of Sanderson J. Ray Development Company requesting approval of a Burger King fast-food restaurant with drive- thru service and outdoor seating at 13221 Jamboree Road. Be That a public hearing was duly called, noticed and held on said applications on October 9, 1995 by the Planning Commission. Ce Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 95,030 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. Se Size and spacing of windows, doors and other openings. · Towers, chimneys, roof structures, flagpoles, radio and television antennae. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Resolution NOo 3400 Page 2 De · Landscaping, parking area design and traffic circulation. 8. 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. That establishment, maintenance, and operation of drive-thru service and outdoor seating 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: i · There would be adequate stacking'capacity of the drive-thru lane to mitigate traffic concerns by separating the drive- thru .lane from on-site parking. · The proposed location of the drive-thru lane would be well removed from any public access drives thereby mitigating any impacts to the public street system. · As proposed and conditioned, the drive- thru lane would be screened by a 3 foot high masonry wall and earthen berms. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3400 Page 3 Ge He · Se The intercom ordering system would comply with the City's Noise Ordinance. The proposed outdoor seating would be located within the playland area enclosed by a six foot high decorative fence. The seating will enhance the pedestrian environment, as well as provide opportunity for supervision of children in the playland area. That the establishment, maintenance and operation of the proposed use will not be injurious or detrimental to the property and improvements in the neighbo'rhood of the subject property, nor to the general welfare of the City of Tustin as stated above. The proposed project has been reviewed for conformity with the provisions of the Orange County Congestion Management Program and the approval body has determined that the additional traffic generated by the proposed project onto the CMP Highway System does not cause the system to exceed the established Level of Service standards. The project has been determined to be exempt from the provisions of Measure "M" in that the additional traffic generated by the proposed project onto the Arterial Highway System does not cause the roadway system to exceed established level of service standards. 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 the Air Quality Sub-Element. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3400 Page 4 II. The Planning Commission hereby approves Conditional Use Permit 95-015 and Design Review 95-030 allowing construction of a Burger King fast-food restaurant with drive-thru service and outdoor seating at 13221 Jamboree Road, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 9th day of October, 1995. Recording Secretary Chairp~son ' / 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. 3400 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of October,-1995. Recording Secretary EXHIBIT A - CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 95-015 AND DESIGN REVIEW 95-030 RESOLUTION NO. 3400 GENERAL (1) 1.1 The'proposed project shall substantially conform with the submitted plans for the project date stamped October 9, 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 of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be 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 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 w~thin thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 95-015 and. Design Review 95-030 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. (1) 1.5 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of City's approval of the entitlement process for this project. soURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS Exhibit A - Conditions of Approval CUP 95-015 & DR 95-030 Resolution No. 3400 Page 2 PLAN SUBMITTAL (3) 2.1 At building plan check, the following items shall be submitted: (3) A. 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. All buildings shall comply with 1991 edition of UBC, UMC, UPC and 1990 edition of NEC. (2) B. (3) Technical detail and plans for all 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. (2) C. (3) Precise grading plans and specifications consistent with the site plan and landscaping plans and prepared by a registered civil engineer based on Orange County Surveyor's Bench Mark Datum for approval by the Community Development Department. Subject grading submittal shall comply with all requirements of the City's Gra~ing Ordinance and Manual and the following: i · A detailed soil engineering report shall be submitted to and approved by the Building Official conforming to the requirements of the Uniform Building Code, City Grading Requirements, and all other applicable State and local laws, regulations and requirements. · Preparation of a sedimentation and erosion control plan for all construction work related to the subject project including a method of control to prevent dust and windblown earth problems. Exhibit A - Conditions of Approval CUP 95-015 & DR 95-030 Resolution No. 3400 Page 3 (4) 2.2 Details of the outdoor seating and trash receptacle shall be submitted to the Community Development Department for approval which shall be consistent with the previously approved tables and receptacles for the Center approved by Conditional Use Permit 95-021 on October 2, 1995 by the Zoning Administrator. (1) 2.3 Architectural plans shall not be submitted for plan check unless accompanied by a letter approving proposed design by the Irvine Company. OPERATIONAL STANDARDS (5) 3.1 The hours of operation for the restaurant and drive-thru service shall be limited to 6:00 a.m. to 12:00 midnight, Sunday through Thursday, and 6:00 a.m. to 1:00 a.m., Friday and Saturday. (5) 3.2 Ail loading vehicles shall be parked in designated areas and loading shall be completed during non-peak hours. *** 3.3 The outdoor seating is limited to a maximum of 12 seats and located within the playland area. Additional seating may be authorized within designated areas provided a specific seating plan is approved by the Community Development Department prior to establishment of the additional seating. The seating plan shall contain a current parking summary for the entire Center,. including the amount of parking required for the additional seating, and details of the tables, chairs and trash receptacles. Details of any additional outdoor seating and trash receptacles shall be submitted to the Community Development Department for approval which' shall be consistent with the previously approved tables and receptacles for the Center approved by Conditional Use Permit 95-021 on October 2, 1995 by the Zoning Administrator. (1) 3.4 The property owner of the s~bject property shall remove all graffiti on the subject property site, building or improvements 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 - Conditions of Approval CUP 95-015 & DR 95-030 Resolution No. 3400 Page 4 SITE AND BUILDING CONDITIONS (1) 4.1 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. (1) 4.2 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 buildings. Electrical transformers shall be located toward the interior of the project maintaining a sufficient distance to minimize visual impacts on entry points along Jamboree Road. (1) 4.3 Exterior elevations of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, equipment heights and type of screening. All roof mounted equipment, roof penetrations, and vents shall be located a minimum of 6" below the top of' parapet. (1) 4.4 Indicate lighting scheme for project, note locations of (4) all exterior lights and types of fixtures on the elevations. Lights to be installed on buildings and in the parking lot shall be a'decorative design. No lights shall be permitted which may create any glare or have a negative impact on adjoining properties. The locations and types of light fixtures shall be subject to the approval of the Community Development Department during plan check. (5) 4.5 Numerical addresses shall be painted on rear doors of respective businesses to aid in location and identification for emergency personnel in addition to numerical addressing required by the Uniform Building Code on storefronts." (4) 4.6 The color of the canvas shade element on the playland structure shall be modified to be a maroon or teal to be compatible with the'architectural color scheme for the Center. Final color samples shall be approved by the Community Development Department during plan check. Exhibit A - Conditions of Approval CUP 95-015 & DR 95-030 Resolution No. 3400 Page 5 NOISE (1) 5.1 Ail construction operations including engine warm up 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. until 5:00 p.m. of 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. (4) 5.2 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. LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (1) 6.1 Submit at plan check complete detailed landscaping and (7) irrigation plans for all landscaping areas, consistent with adopted City of Tustin Landscaping and Irrigation Guidelines. Landscaping plans shall be approved by the Co~unity DeveIopment Department prior to issuance of any building permits. Provide summary table identifying plant materials. Landscaping plans must be approved prior to issuance of any building permits. 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 Department of Community. Development may request minor substitutions of plant materials or request additional sizing or quantity 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 Department of Community Development. Exhibit A - Conditions of Approval CUP 95-015 & DR 95-030 Resolution No. 3400 Page 6 (7) 6.2 The submitted landscaping plans at plan check shall reflect the following requirements: ae Provide a minimum of one 15-gallon size tree and five 5-gallon size shrubs for every 30 feet of property line on the perimeter of the project. Bo Shrubs shall be spaced a minimum of 5 feet on center. 'C. Ground cover shall be planted between 8 to 12 inches on center. De 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. (1) 6.3 Ail existing landscaping shall be protected in place and shall remain. The applicant shall be responsible for the repair and replacement of any damaged or missing landscaping around the perimeter of the site. SIGNS (1) 7.1 Ail signs require separate permits and shall comply with the.approved Master Sign Plan for Tustin Ranch Plaza or City's Sign Code. (4) 7.2 Business identification wall signs, including logos, shall comply with the following standards, unless a Sign Code Exception is granted: ae One primary sign totaling '15% of the wall area up to a maximum of 75 square feet; 0 Two secondary signs totaling 5% of the wall area up to 25 square feet each. Exhibit A - Conditions of Approval CUP 95-015 & DR 95-030 Resolution No. 3400 Page 7 (4) 7.3 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, including a decorative base or column detail, subject to review and approval by the Community Development and Public Works Departments. (4) 7.4 No sign component shall flash, blink or be otherwise animated. Such animation is strictly prohibited. (4) 7.5 An internally illuminated "Pedestrian Crossing" sign shall be installed adjacent to the drive-thru adjacent to the textured pedestrian walkway. WATER QUALITY MANAGEMENT PLAN (5) 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 shalI 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. FIRE AUTHORITY (5) 9.1 Prior to the issuance of permits, water improvement plans shall be submitted to and approved by the Fire Chief to ensure adequate fire protection and financial security is posted for the installation. The water system design, location of valves, and the distribution for the fire hydrants will be evaluated and approved by the Chief. (5) 9.2 Prior to the issuance of any building permits for combustible construction, a letter and plan from the developer shall be submitted to and approved by the Fire Chief. This letter and plan shall state that water for fire fighting purposes and an all weather fire access road shall be in place before any combustible materials are placed on the site. Exhibit A - Conditions of Approval CUP 95-015 & DR 95-030 Resolution No. 3400 Page 8 (5) 9.3 Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Authority Standard. On private property these markers are to be maintained in good condition by the property owner. (5) 9.4 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. (5) 9.5 Prior to the issuance of any 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. (5) 9.6 Provide architectural plans with information regarding exiting from the structure. Information should include exit signs, doors and hardware from all areas, including the playland. (5) 9.7 The following notes shall be provided on the site plan: ae Fire Authority Final Inspection required. Schedule inspection 2 days in advance. Phone (714) 832-1011 Be Locations and'classification of extinguishes to be determined by the fire inspector. TRANSPORTATION DEMAND MANAGEMENT (5) 10.1 The applicant shall comply with all requirements of the Trip Reduction/Transportation Demand Management (TR/TDM) Program approved for Tustin Ranch Plaza. (5) 10.2 The applicant shall distribute to all new employees the information package approved as part of the TR/TDM Program for Tustin Ranch Plaza which identifies public transit, car pooling, ride sharing and other incentives to reduce vehicle trips for employees. Exhibit A - CUP 95-015 Resolution Page 9 FEES Conditions of Approval & DR 95-030 No. 3400 (1) 11.1 Prior to issuance of any building permits, payment shall (5) be made of alI 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. B. New development fees in the amount of $.10 per square foot of floor area to the Community Development Department. C. Major thoroughfare and bridge fees in the amount of $2.84 per square foot of building area to the Tustin Public Works Department. D. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. E. Water and sewer connection fees to the Irvine Ranch Water District. (1) 11.2 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 $25.00 (twenty-five 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.