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Home My WebLink AboutPC RES 332110 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3321 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DESIGN REVIEW 94- 029 AUTHORIZING A FACADE REMODEL WITH EXPOSED NEON AT THE EXISTING RESTAURANT ON THE PROPERTY LOCATED AT 17401 SEVENTEENTH STREET. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A, That a proper application, Design Review 94-029, has been filed by Foodmaker, Inc. requesting authorization for a facade remodel with exposed neon at the existing restaurant on the property located at 17401 Seventeenth Street. B · Pursuant to the City Code Section 9404(c) (2), the Planning Commission shall review all requests for exposed neon. C. Pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the architectural features and general appearance of the proposed facade remodel and exposed neon 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 Planning Commission has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Towers, roof structures, doors and windows. 6. Landscaping, parking area design and traffic circulation. 7. Location, height and standards of exterior illumination. 8. Relationship of proposed structures to existing adjacent uses. 9. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood. 10. Development guidelines and criteria as adopted by the City Council. D . That this project has been determined to be Categorically Exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3321 Page 2 II. The Planning Commission hereby approves Design Review No. 94-029 authorizing a facade remodel with exposed neon at the existing restaurant on the property located at 17401 Seventeenth Street, subject to all 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 January, 1995. Secretary , - ', :/ _ .__;J CA'. L. BAKER" Chairperson 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. 3321 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of January, 1995. Recording Secretary EXHIBIT A CONDITIONS OF APPROVAL RESOLUTION NO. 3321 JANUARY 9, 1995 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 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. (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 approval shall become null and void unless building permits are issued within eighteen (18) months of the date of this Exhibit. (1) 1.4 Any public improvements damaged by the applicant adjacent to this property shall be repaired and/or replaced as determined by the Engineering Division and shall include, but not be limited to, curb and gutter, street paving and drive apron. (1) 1.5 All construction shall be in accordance with the UBC and applicable City Codes. (1) 1.6 Approval of Design Review 94-029 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form, as established by the Director of Community Development. (1) 1.7 The applicant and property owner shall hold harmless and defend the City of Tustin 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 REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A - Conditions of Approval Resolution No. 3321 Page 2 PLAN SUBMITTAL (1) 2.1 At building permit plan check, submit three (3) complete sets of construction plans and two (2) sets of calculations. Requirements of the Uniform Building Code and state handicap requirements shall be complied with as approved by the Building Official. Ail construction shall be in accordance with the 1991 UBC, applicable City Codes and the City's Security Code. No field changes shall be made without corrections submitted to and approved by the Community Development Department. (4) 2.2 Two (2) sets of plans for the proposed sign face changes shall be submitted to the Community Development Department for separate sign design review approval prior to sign permit issuance. USE RESTRICTIONS (5) 3.1 The restaurant seating shall at no time exceed 69 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. (5) 3.2 NO outdoor seating shall be permitted unless specifically approved by a Conditional Use Permit by the Planning Commission. SITE CONDITIONS (4) 4.1 Ail exterior lighting and exposed neon shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall mounted fixtures shall be directed at a 90 degree angle directly toward the ground. FEES (1) 5.1 Prior to the issuance of applicable permits, payment shall be made of all applicable building plan check, sign design review ($65.00) and permit fees to the Community Development Department. (1) 5.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the County Clerk, in the amount of $25.00 (twenty five dollars) to enable the City to file with the County Clerk, the Exhibit A - Conditions of Approval Resolution No. 3321 Page 3 appropriate environmental documentation pursuant to the California Environmental Quality Act. If within such forty eight (48) hour period, the 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. 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) hours of notification, a cashier's check payable to the County Clerk in the amount of $850 (eight hundred fifty dollars) if an EIR was prepared or $1,250 (twelve hundred fifty dollars) if a Negative Declaration was prepared. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid.