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RESOLUTION NO. 3376
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 95-011 AND DESIGN REVIEW 95-025,
AUTHORIZING OUTDOOR SEATING, THE ON-SITE SALE
OF BEER, WINE AND DISTILLED SPIRITS, FACADE
AND SITE RENOVATIONS AND NEON SIGNS IN
CONJUNCTION WITH A RESTAIIRANT AT 1222 IRVINE
BOULEVARD. ~
The Planning Commission does hereby resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
ae
That a proper application for Conditional Use
Permit 95-011 and Design Review 95-025 was
filed by Steven Langford Architects to request
establishment of outdoor seating, the on-site
sale of beer, wine and distilled spirits,
facade and site renovations and neon signs in
conjunction with a restaurant at 1222 Irvine
Boulevard.
Bo
That the proposed use is allowed within the C-
1, Retail Commercial Zoning District, with the
approval of a Conditional Use Permit.
Ce
That a public hearing was duly called, noticed
and held on said application on August 14,
1995 by the Planning Commission.
De
That establishment, maintenance, and operation
of on-site alcoholic beverage sales 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:
·
The application is in substantial
compliance with the City's adopted
guidelines for alcoholic beverage sales
establishments, which have been
established and considered to mitigate
potential impacts associated with the
sale of alcohol.
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Resolution No. 3376
Page 2
·
The sale of beer, wine and distilled
spirits will be for on-site consumption
only.
Hours of sales of beer, wine and
distilled spirits shall be limited to the
hours when food is available. Menu items
shall be available in the restaurant
during business hours.
·
Ail persons serving beer, wine and
distilled spirits shall be eighteen (18)
years of age or older and supervised by
someone twenty-one (21) years of age or
older. The supervisor will be present in
the same area as point of sale.
·
Proposed video games are ancillary to the
restaurant use, and will not attract
customers who would come to the
restaurant for the sole purpose of
playing video games. Conditions of
Approval require the game area to be
supervised to ensure that no loitering
will be allowed and that only dining
patrons and employees will be permitted
access to the video games.
E·
That establishment, maintenance, and operation
of outdoor seating in conjunction with a
restaurant use, 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:
·
The application is in substantial
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.
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Resolution No. 3376
Page 3
F·
®
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, allowing access from the
inside of the restaurant only.
·
Adequate parking is proposed for the
outdoor 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.
·
The nearest sensitive uses, a church and
residences, are separated from the
proposed use by Irvine Boulevard, a high-
volume major arterial which provides no
direct access between the north side and
the south side of the street. The
overall right-of-way width separating the
proposed use from the existing sensitive
uses is 100 feet.
Pursuant to Section 9272 of the Tustin
Municipal Code, the Commission finds that the
location, size, architectural features and
general appearance of Design Review 95-025,
including the proposed neon signs, 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.
Landscaping, parking area design and
traffic circulation.
4. Location, height and standards of
exterior illumination.
5. Location and method of refuse storage.
·
Physical relationship of proposed
improvements to existing structures in
the neighborhood.
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Resolution No. 3376
Page 4
·
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.
G ·
This project has been determined to be
categorically exempt (Class 1) pursuant to
Section 15301 of the California Environmental
Quality Act.
He
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. 95-011 and Design Review 95-025 to
authorize establishment of outdoor seating, the on-
site sale of beer, wine and distilled spirits,
facade and site renovations and neon signs in
conjunction with a restaurant at 1222 Irvine
Boulevard, 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 14th day of
August, 1995.
Recording Secretary
.
chairperson/
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Resolution No. 3376
Page 5
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. 3376 was duly passed and adopted at
a regular meeting of the Tustin Planning
Commission, held on the 14th day of August, 1995.
Recording Secretary
EXHIBIT A
CONDITIONAL USE PERMIT 95-011 AND
DESIGN REVIEW 95-025
CONDITIONS OF APPROVAL
RESOLUTION NO. 3376
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped August 14,
1995, 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 ~ubject 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 ABC license
prior to the commencement of substantial construction
shall not vest approval of the subject project.
(1) 1.4 Approval of Conditional Use Permit 95-011 and Design
Review 95-025 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
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
*** EXCEPTIONS
(5) RESPONSIBLE AGENCY
REQUIRF~MENT$
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
Exhibit A
Resolution No. 3376
Page 2
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 building shall comply in all respects with the
Building Code, other related codes, City Ordinances, and
State and Federal Laws and regulations.
(1) 2.3 Health Department approval is required prior to issuance
of a building permit.
(3) 2.4 Provide dimensions between tables, chairs, and walls.
All seating areas must meet all UBC requirements,
including American Disability Act (ADA) requirements.
(7) 2.5 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) 2.6 A parking space, primary entrance to the building, the
primary path of travel, sanitary facilities, drinking
fountain, and public telephones shall be accessible to
persons with disabilities.
(6) 2.7 Prior to the issuance 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, s~aking, 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
widnhs, parkway areas, and wall locations. The Community
Development Department may reauest minor substitutions of
plant materials or request addit~ona! sizing or quantity
Exhibit A
Resolution No. 3376
Page 3
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) 2.8 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.
b,
Groundcover shall be planted between eight to
twelve inches on center.
Co
When one gallon plant sizes are used the spacing
may vary according to materials used.
d~
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.
f ·
Six (6) inch raised concrete curbs shall be placed
on-site adjacent to all landscape planting areas.
(1) 2.9 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 t~pes 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 Western Reclamation.
Exhibit A
Resolution No. 3376
Page 4
NOIBE
(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 the 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.
FIRE AUTHORITY
(5) 5.1 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.
(5) 5.2 Prior to the issuance of any building permits, an Orange
County Fire Authority Water Availability Form shall be
submitted to and approved by the Engineering Section of
the Orange County Fire Authority. If sufficient water to
meet fire flow requirements is not available, an
automatic fire extinguishing system shall be installed in
each structure.
Exhibit A
Resolution No. 3376
Page 5
(5) 5.3 Prior to the issuance of any building permits, plans for
the automatic fire sprinkler system shall be submitted to
and approved by the Fire Chief prior to installation.
This system shall be operational prior to the issuance of
a Certificate of Use and Occupancy.
(5) 5.4 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) 5.5 Prior to the issuance of building permits, plans for the
fire alarm system shall be submitted to and approved by
the Fire Chief prior to installation. This system shall
be operational prior to the issuance of a Certificate of
Use and Occupancy.
(5) 5.6 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) 744-6623 for a
copy of the "Guidelines for Fire Authority Emergency
Access."
(5) 5.7 Prior to the issuance of any building permits, contact
the Orange County Fire Authority Hazardous Materials
Disclosure Office at (714) 744-0463 to obtain a
"Hazardous Materials Business Information and Chemical
Inventory Packet". This shall be completed and submitted
to the Fire Chief before the issuance of any building
permits.
(5) 5.8 The following notes shall be provided on the Site plan:
a.
Be
C,
Fire Authority Final Inspection required. Schedule
inspection 2 days in advance. Phone (714) 832-1011
Locations and classification of extinguishes to be
determined by the fire inspector.
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.
Exhibit A
Resolution No. 3376
Page 6
De
Ze
Building(s) not approved for high piled combustible
storage. Materials in closely packed piles shall
not exceed 15 feet in height, 12 feet on pallets or
in racks and 6 feet for tires, plastics and some
flammable liquids if high stock piling, shall
comply with UFC, Art. 81 and NFPA Std. 231, 231C
and 231D.
Plans of modifications to or new fire protection,
detector or alarm system(s) shall be approved by
the Fire Authority prior to installation.
ARCHITECTURE
(1) 6.~ 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. All 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 McFadden Avenue and Tustin Village
Way.
(1) 6.2 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.
(1) 6.3 Exterior elevations 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. All
roof mounted equipment, vents, exhausts or other roof
penetrations shall be located a minimum of 6 inches below
the top of parapets.
(1) 6.4 "No Loitering" signs shall be posted on the site, with
sign details and locations to be approved by the
Community Development Department.
(1) 6.5 Ail exposed metal flashing or trim shall be painted to
match the building.
(1) 6.6 No exterior down spouts shall be permitted. Ail roof
(4) drains shall utilize interior piping, but may have
exterior outlets at base of buildings.
Exhibit A
Resolution No. 3376
Page 7
(1) 6.7 Ail on-site pavement within the delineated project
boundaries as shown on the site plan shall be completely
resurfaced and sealed. 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) 6.S Three (3) inch striping detail shall be shown for all
parking spaces. Handicapped marking shall be provided on
the designated accessible parking space.
(1) 6.9 The overall 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.
(1) 6.10 Provide exact details of all exterior door and window
types, including but not limited to such information as
frame color and glass tint.
USE RESTRICTIONS - PROPERTY MAINTENANCE
(1) 7.1 The property owners of the restaurant 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. The
applicant is required to coat and protect all wall
surfaces with a graffiti resistant finish and/or
material.
(4) 7.2 To prevent loitering, no e×terior public phones are to be
allowed on the subject site.
(4) 7.3 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) 7.4 The subject property shall be maintained in a safe, clean
and sanitary condition at all times.
Exhibit A
Resolution No. 3376
Page 8
USE RESTRICTIONS - OUTDOOR SEATING
(7) 8.1 No alcoholic beverages will be permitted to be served in
the outdoor seating area, unless an approved ABC barrier
is provided and all necessary ABC licenses are obtained.
(7) 8.2 No outdoor entertainment shall be permitted, unless a
Conditional Use Permit for such entertainment is obtained
from the City of Tustin.
(7) 8.3 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) 8.4 The number of outdoor seats is limited to sixty four (64)
seats, and the number of tables is limited to eighteen
tables. The applicant shall ensure that a three (3) foot
clear pedestrian aisle is maintained at all times. These
sixty four (64) seats shall be accounted for in
considering the total number of seats permitted for the
subject restaurant. A maximum of 208 seats is permitted
for the entire restaurant. For the purpose of
calculating the number of seats, 24 inches of booth
seating shall be calculated as one seat.
(7) 8.5 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.
(1) 8.6 Pursuant to Tustin City Code Section 2523d(5), a Business
License shall be required for each proposed video game
and other coin-operated machines. The fee for said
machines shall be based upon gross receipts in accordance
with the Business License schedule in effect during
annual licensing periods
USE RESTRICTIONS - ALCOHOLIC BEVERAGE SALES
(7) 9.1 No off-site consumption of alcohol for any type of ABC
license is authorized. All alcoholic beverages shall be
consumed on-site.
Exhibit A
Resolution No. 3376
Page 9
(4) 9.2 Hours of sales of beer, wine and distilled spirits shall
be limited to the hours when food is available between
the hours of 11:00 a.m. and 1:00 a.m., Monday through
Sunday. Menu items shall be available in the restaurant
during business hours. Any extension of these hours
shall require approval of an Amendment to this
Conditional Use Permit by the Zoning Administrator.
(7) 9.3 The menu of the restaurant shall consist of foods that
are prepared on the premises.
(1) 9.4 Authorization for the on-site sales of beer, wine and
distilled spirits (ABC License Type "47") is contingent
upon the use of the subject premises remaining a
restaurant. Should this use change, authorization for
this use permit is null and void.
(7) 9.5 There shall be no billiard tables, dancing or live
entertainment on the premises at any time, unless
approval of a Conditional Use Permit is obtained for
these activities.
(7) 9.6 Ail persons selling alcoholic beverages shall be IS 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.
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.
ne
Building plan check and permit fees to the
Community Development Department based on the most
current schedule.
·
New development fees in the amount of $.10 per
square foot of new floor area to the Community
Development Department. Note: This fee applies only
to the new floor area added to the existing
building.
Ce
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.
Exhibit A
Resolution No. 3376
Page 10
De
School facilities fee to the Tustin Unified School'
District subject to any agreement reached and
executed between the District and the applicant.
(1) ~0.2 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 approval for the project granted
herein shall be considered automatically null and void.