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HomeMy WebLinkAboutPC RES 33331 RESOLUTION NO. 3333 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26I' 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING CONDITIONAL USE PERMIT 94-016 AND DESIGN REVIEW 94-025 TO ALLOW CONSTRUCTION OF A 1,989 SQUARE FOOT FAST-FOOD RESTAURANT WITH DRIVE- THRU SERVICE LOCATED AT 14042 RED HILL AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: A· That proper applications for Conditional Use Permit 94-016 and Design Review 94-025 were filed by Fancher Development Services, Inc. requesting approval of a 1,989 square foot fast-food restaurant with drive-thru service and a freeway pole sign on the property located at 14042 Red Hill Avenue. · A drive-thru facility within the CG (Commercial General) zoning district would be allowed with the approval of a conditional use permit pursuant to City Code Section 9235m(c) and a freeway pole sign would be allowed on the subject property for the proposed use with the approval of a conditional use permit pursuant to City Code Section 940463. Ce That a public hearing was duly called, noticed and held on said applications on February 13, 1995 by the Planning Commission. D . Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 94z025 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3333 Page 2 . Size and spacing of windows, doors and other openings. · Towers, chimneys, roof structures, flagpoles, radio and television antennae. , 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, with the exception of the freeway pole sign. 14. Development Guidelines and criteria as adopted by the City Council. That establishment, maintenance, and operation of the drive-thru service 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: On-site traffic concerns have generally been mitigated through the separation of the drive-thru aisle from the on-site parking by requiring the three parking spaces located at the northeast corner of the site to be marked "employee parking". 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Resolution No. 3333 Page 3 · The potential for pedestrian/vehicle conflicts has been mitigated through the construction of an internally illuminated sign reading, "pedestrian crossing" at the crosswalk on the west side of the restaurant. Further, the decorative pavement treatment required for the crosswalk surface will visually and textually alert drivers to the crosswalk. · Off-site traffic concerns caused by the number of vehicles waiting in the drive aisle to enter the queuing aisle during peak hours have generally been mitigated through the proposed speed of service, aided by the location and design of the menu order board, pay/pick-up window and length of drive-thru lane. ~ The use will not create a noise nuisance as the proposed loudspeaker shall conform to the Tustin Noise Ordinance and shall be designed so as not to impact adjacent commercial properties. That the establishment, maintenance and operation of the proposed drive-thru use will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as stated above. G . 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. II. The Planning Commission hereby approves Conditional Use Permit 94-016 and Design Review 94-025 allowing construction of a 1,989 square foot fast-food restaurant with drive-thru service on the property located at 14042 Red Hill Avenue, subject to the conditions contained in Exhibit A, attached hereto. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Resolution No. 3333 Page 4 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 13th day of February, 1995. Secretary 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. 3333 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of February, 1995. BARBARA REY~ Recording Secretary EXHIBIT A CONDITIONAL USE PERMIT 94-016 AND DESIGN REVIEW 94-025 CONDITIONS OF APPROVAL RESOLUTION NO. 3333 GENERAL (1) 1.1 The proposed project shall substantially conform.with the submitted plans for the project date-stamped February 13, 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 may approve modifications to the plans to raise the building height and fascia consistent with the proposed architecture and/or that of the adjacent Auto Spa architecture. The Director may also approve minor modifications to the plans if such modifications are determined to be consistent with the approved plans. (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 Design Review and Conditional Use Permit approval shall become null and void unless all building permits are issued within eighteen (18) months of the date of this Exhibit and substantial construction is underway. (1) 1.4 The applicant and property owner shall sign and return an Agreement to Conditions Imposed form prior to issuance of building permits. (1) 1.5 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of the 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 Resolution No. 3333 CUP 94-016 and DR 94-025 Page 2 PLAN SUBMITTAL 2.1 At building plan check the following 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. (3) B. Preliminary 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. (3) c. Final grading and specifications consistent with the site plan and landscaping plans, prepared by a registered civil engineer for approval of the Community Development Department and based on the Orange County Surveyor's bench mark datum. (3) D. A precise soils engineering report provided by a soils engineer within the previous twelve (12) months as determined by the Building Official. (5) 2.2 Entrance and exit, path of travel, aisles, cashier space, sanitary facilities and public telephones serving the property shall be accessible to persons with disabilities. (5) 2.3 Prior to issuance of any building permits, the property owner and/or developer shall satisfy all requirements for the dedication of right-of-way along Red Hill Avenue and the preparation of street improvement plans as required by the executed and recorded Dedication and Reimbursement Agreement entered into between the property owner, developer and the City related to this property and project. Exhibit A - Conditions of Approval Resolution No. 3333 CUP 94-016 and DR 94-025 Page 3 (5) 2.4 Prior to issuance of a certificate of occupancy for the project, the developer shall complete the necessary' street improvements along Red Hill Avenue as required by the executed and recorded Dedication and Reimbursement Agreement entered into between the property owner, developer and the City related to this property and project. OPERATIONAL STANDARDS *** 3.1 The hours of operation for the restaurant dining room shall be limited to 6:00 a.m. to 12 midnight. The drive- thru lane may be permitted to operate 24 hours per day. *** 3.2 Ail loading vehicles shall be parked in designated areas and loading shall be completed during non-peak hours. (2) 3.3 The three (3) parking spaces located in the northeast corner of the site shall be labeled as "employee parking". *** 3.4 No Loitering signs shall be installed on the subject property with details and locations of said signs to be approved by the Community Development Department prior to issuance of building permits. (4) 3.5 The restaurant seating shall at no time exceed 71 seats, unless additional parking becomes available and said change is submitted to the Community Development Department for review. A seating plan shall be submitted at building plan check for review and approval by the Community Development Department. (7) 3.6 No outdoor seating shall be permitted unless specifically approved by a Conditional Use Permit. (5) 3.7 Ail graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structure and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. Exhibit A - Conditions of Approval Resolution No. 3333 CUP 94-016 and DR 94-025 Page 4 SITE AND BUILDING CONDITIONS (4) 4.1 Provide exact details for exterior doors and window types on construction plans. (4) 4.2 Ail 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. A dense type of landscaping could be utilized for screening. (1) 4.3 Ail exterior accent colors to be used shall be subject to review approval of the Community Development Department and shall be consistent with samples provided on the color board and consistent with the existing carwash property to the east. All exterior treatments shall be coordinated with regard to color, materials and detailing and clearly noted on submitted construction plans and elevations. (4) 4.4 Provide plans and details for all lighting fixtures. Note locations on site plan and building elevations. One footcandle of light throughout the parking lot and drive- thru aisle is required. Fixtures on the building shall be of a decorative design. Freestanding fixtures in the parking area may be mounted on concrete bases and shall be decorative fixtures subject to approval of the Community Development Department. (4) 4.5 Ail exposed metal flashing or trim shall be painted to match the building. (1) 4.6 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) 4.7 Exterior (4) indicate elevations of the building shall any fixtures or equipment to be located on the roof of the building and equipment heights. The building parapet shall be an integral part of the building design, and shall screen all roof mounted equipment. All roof-mounted equipment and vents shall be a minimum of six inches below the top of the parapet. Exhibit A - Conditions of Approval Resolution No. 3333 CUP 94-016 and DR 94-025 Page 5 (4) 4.8 Ail roof access shall be provided from the inside of the building. (4) 4.9 No exterior downspouts shall be permitted; all roof drainage shall utilize interior piping, but may have exterior outlets at base of building. (4) 4.10 Six (6) inch continuous concrete curbing shall be used through the parking lot, drive-thru aisle and adjacent to sidewalks, except where required to satisfy handicap access requirements. (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 enclosing in the building or boxed behind a screen wall designed consistent with the main building. (4) 4.13 Note on plans that outdoor storage shall be prohibited. (2) 4.14 The proposed crosswalk at the drive-thru lane exit on the west side of the building shall include the use of a decorative pavement treatment, with details of such treatment subject to the approval of the Community Development Department during building plan check. 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. (1) 5.2 Construction work hours shall be clearly posted on the construction site to the satisfaction of the Building Official. Exhibit A - Conditions of Approval Resolution No. 3333 CUP 94-016 and DR 94-025 Page 6 (4) 5.3 Intercom speaker boxes and equipment for dr-ive-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 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 landscape palette for the center. Provide 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. 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 Community Development Department 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 Community Development Department. (7) 6.2 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 S feet on center when intended as screen planting. . Ground cover shall be planted between 8 to 12 inches on center. Exhibit A - Conditions of Approval Resolution No. 3333 CUP 94-016 and DR 94-025 Page 7 Ce When 1 gallon plant sizes are used, the spacing may vary according to materials used. De Ail 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. (5) 6.3 Ail landscaping should be kept below the window areas to maintain visibility. (4) 6.4 The use of Heavenly Bamboo and Yellow Butterfly Iris shall be eliminated from the proposed plant palette. Alternate shrubs consistent with the Mediterranean-style landscaping theme may be added to the plant palette, subject to the approval of the Community Development Department. (1) 6.5 Ail landscaping shall be maintained in a healthy condition such that all plant materials are evenly cut, evenly edged, free of bare or brown spots, free of debris, weeds or dead vegetation. SIGNS (4) 7.1 Business identification wall signs, including logos, shall comply with the following standards: a · Primary Wall Sign - One (1) primary wall sign permitted per site. The maximum sign area may be 15% of the storefront area with a maximum of 75 square feet. . Secondary Wall Sign - Two (2) secondary wall signs permitted per site. The maximum sign area for each sign may be 5% of the storefront area with a maximum of 25 square feet. Exhibit A - Conditions of Approval Resolution No. 3333 CUP 94-016 and DR 94-025 Page 8 (4) 7.2 Ail incidental signs for this project including entry, exit, menu board and other directional signs shall be designed with a monument type base consistent with the proposed monument sign and architecturally consistent with the main building architecture, subject to review and approval by the Community Development Department. (4) 7.3 An internally illuminated "Pedestrian Crossing" sign shall be installed adjacent to the drive-thru lane on the west side of the building next to the decorative pedestrian walkway. (1) 7.4 Ail reference to the proposed freeway pole sign shall be removed from the plans. 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 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. FIRE DEPARTMENT (5) 9.1 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 site. Exhibit A - Conditions of Approval Resolution No. 3333 CUP 94-016 and DR 94-025 Page 9 (5) 9.2 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 Orange County Fire Department Standard. On private property these markers are to be maintained in good condition by the property owner. (5) 9.3 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) 9.4 Prior to the issuance of any grading permit, street improvement plans with fire lanes shown shall be submitted to and approved by the Fire Chief. Indicate the location 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) 9.5 The following notes shall be provided on the site plan: a . Fire Department Final Inspection Required. Schedule inspection 2 days in advance. Phone (714) 832-1011. . Locations and classification of extinguisher to be determined by the fire inspector. C · Storage, dispensing or use of any flammable and combustible liquids, flammable and compressed gasses and other hazardous materials shall comply with Uniform Fire Code Regulations. D · 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, comply with UFC, Art. 81 and NFPA Std. 231, 231C and 231D. E · Plans of modification to or new fire protection, detector or alarm system(s) shall be approved by the Fire Department prior to installation. Exhibit A - Conditions of Approval Resolution No. 3333 CUP 94-016 and DR 94-025 Page 10 FEES (5) 10.1 Prior to issuance of any building permits, payment shall be made of all required fees, including but not limited to those identified below. Payment will be required based upon those rates in effect at the time of payment and are subject to change: ae Ail applicable plan check and permit fees to the Community Development Department, based on the most current schedule, as may be amended prior to permit issuance. . New development fees to the Community Development Department in the amount of $.10 per square foot or as may be amended prior to permit issuance. C · School facilities fees to the Tustin Unified School District, subject to any agreement reached and executed between the District and applicant. D · Sewer and water connection fees to the Orange County Sanitation District No. 7. E · Transportation System Improvement Program, Benefit Area "B" fees to the Community Development in the amount of $3.31 per square foot, or as may be amended prior to permit issuance. Major thoroughfare and bridge fees to the Tustin Public Works Department in the amount of $2.84 per square foot of floor area, or as may be amended prior to permit issuance. *** 10.2 Within forty-eight (48) hours of approval of (5) 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 $25.00 (twenty five dollars) pursuant to AB 3158, Chapter 1706, Statues of 1990, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. 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. Exhibit A - Conditions of Approval Resolution No. 3333 CUP 94-016 and DR 94-025 Page 11 .. In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hour of notification, a cashier's check payable to the COUNTY CLERK in the amount of $1,250 (one thousand, two hundred fifty dollars) pursuant to AB 3158, Chapter 1706, Statues of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid.