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HomeMy WebLinkAboutPC RES 3279-- 6 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3279 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 94-003 AUTHORIZING THE ESTABLISHMENT OF A DRIVE-THRU RESTAURANT INCLUDING OUTDOOR SEATING, PET STORE, AND A MASTER SIGN PLAN, AND APPROVING DESIGN REVIEW 94-005 FOR AN APPROXIMATE 18,000 SQUARE FOOT RETAIL CENTER LOCATED AT 1011 EL CAMINO REAL 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, Conditional Use Permit 94-003 and Design Review 94-005, were filed by Donely-Bennett Architects to authorize the establishment of a drive-thru restaurant including outdoor seating pursuant to City Code Section 9235c(m), a pet store pursuant to City Code Section 9235c(u), and a Master Sign Plan which deviates from the specific standards for business identification pursuant to City Code Section 9403h2(e), and requesting approval of an approximate 18,000 square foot retail shopping center located at 1011 E1 Camino Real. Be That a public hearing was duly called, noticed and held on said applications on June 13, 1994, by the Planning Commission. Ce That establishment, maintenance and operation of the use applied for will not, under the circumstances of this case, be detrimental to he health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following: · On-site traffic concerns related to the drive- thru restaurant have been mitigated through the separation of the drive-thru aisle from the on-site parking. · The potential for pedestrian/vehicular conflicts with the drive-thru lane have been mitigated through the requirement for the installation of "Pedestrian Crossing" signs and crosswalks denoting the pedestrian traffic across the drive-thru lanes. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3279 Page 2 · The use would not create a noise nuisance as the proposed loudspeakers shall conform to the Tustin Noise Ordinance and shall be designed so as not to impact adjacent commercial properties. · The use of outdoo~ seating is in general compliance with the intent of the Planning Commission adopted guidelines related to outdoor seating and has been conditioned to include items such as "No Loitering" signs, trash receptacles, lighting, pedestrian access and parking to accommodate the number of seats provided. · The pet store activities would be limited to within the enclosed building thereby eliminating potential impacts on adjacent properties. · The pet store operator is required to obtain appropriate approvals and maintain compliance with the requirements of the County of Orange Animal Control Division which is responsible for inspecting and licensing pet stores where animals are sold to ensue safe and sanitary conditions. · Conditions have been included related to the handling and disposal of animal waste and remains to ensure that such disposal would not negatively impact surrounding residents. · The Master Sign Plan would be generally consistent with the intent of the Sign Code to provide adequate business identification, would not produce a nuisance or be offensive to surrounding properties. De The subject property is located within the Town Center Redevelopment Project Area. Pursuant to City Code Section 9299b, the Zoning Administrator has forwarded action on Design Review 94-005 to the Planning Commission. E· Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of the proposed development 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: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3279 Page 3 1. Height, bulk and area of buildings. 2. Setbacks and ~ite planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. · 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. · Location, height and standards of exterior illumination. · Location and appearance of equipment located outside of an enclosed structure. 10. Physical relationship of proposed structures to existing structures in the neighborhood. 11. Appearance and design relationship of proposed structure to existing structures and possible feature structures in the neighborhood and public thoroughfares. 12. Development Guidelines and criteria as adopted by the City Council. F, The proposed project has been reviewed for conformity with the provisions of the Orange County Congestion Management Program, and the Planning Commission has determined that the additional traffic generated by the proposed project onto the CMP Highway System does not cause the system to exceed established level of service standards. Ge The proposed 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3279 Page 4 II. The Planning Commission hereby approves Conditional Use Permit 94-003 authorizing the establishment of a drive- thru restaurant including outdoor seating pursuant to City Code Section 9235c(m), a pet store pursuant to City Code Section 9235c(u), and a Master Sign Plan which deviates from the specific standards for business identification pursuant to City Code Section 9403h2(e), and approves Design Review 94-005 authorizing the construction of an approximate'iS,000 square foot retail shopping center located at 1011 E1 Camino Real, 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 13th day of June, 1994. Recording Secretary KATHY W~IL 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. 3279 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of June, 1994. I BARBARA REYES~ Recording Secretary 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 EXHIBIT A RESOLUTION NO. 3279 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 94-003 ~ DESIGN REVIEW 94-005 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans date stamped Jun9 13, 1994 on file with the Community Development Department 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 subsequent minor modifications to plans during plan check if such modifications are to be consistent with provisions of the Tustin Municipal Code. Sheet iA has been eliminated from the approved set of plans. (1) 1.2 Unless otherwise specified, the conditions contained in the 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 all building permits are issued within twenty four (24) months of the date of this Exhibit. (1) 1.4 The applicant shall sign and return an Agreement to Conditions Imposed form prior to issuance of building permits. (1) 1.5 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. *** 1.6 Final Map 14914 shall be recorded on the property prior to issuance of a certificate of use and occupancy for any building on the subject property. ~OORCE 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 CUP 94-003/DR 94-005 Resolution No. 3279 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. (2) B. (3) Preliminary technical detail and plans for all utility installations including cable TV, telephone, gas waster 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) (3) Ce Final grading and specification consistent with the site plan and landscaping plans and prepared by a registered civil engineer for approval by the Community Development Department. Subject grading submittal shall comply with all requirements of Conditions 4.1 and 4.2 contained in Exhibit A of Planning Commission Resolution No. 3280. (2) (3) Do Information, plans and/or specifications to ensure satisfaction of Conditions 1.1 through 1.14 of Exhibit A of Planning Commission Resolution No. 3280. (2) E. (3) Information, plans and/or specifications to ensure compliance with Conditions 5.1 through 5.8 of Exhibit A of Planning Commission Resolution No. 3280. (2) F. (3) Information, plans and/or specifications to ensure compliance with Conditions 6.1 and 6.2 of Exhibit A of Planning Commission Resolution No. 3280. (1) 2.2 Applicant shall be permitted to obtain grading permits and building permit for construction prior to approval of Final Map 14914 provided all Uniform Building Code, Public Works, Fire Department and Community Development requirements have been met and approvals granted. Exhibit A- Conditions of Approval CUP 94-003/DR 94-005 Resolution No. 3279 Page 3. (1) Z.3 Submitted construction drawings shall reflect all dimensions consistently between vesting tentative tract map, site plan, landscape plans and architectural plans. (1) Z.4 Identify the locations of any excavations within the (2) subdivision or within 200 feet of any portion of the subdivision, the location of' any existing wells, cesspools, sewers, culverts, storm drains, and underground structures within the subdivision, and a statement noting whether or not such uses are to be abandoned, to be removed, or to remain. There are also a number of wells and excavations which should be identifies related to old underground gasoline storage tanks on the property and the soil remediation program which is in progress on the property. (2) Z.5 An addendum to the corrective action plan for soil (5) remediation on this site that describes and justifies all modifications to the current remediation system on-site shall be submitted to and approved by the Community Development Department and Orange County Health Care Agency (OCHCA). This report must indicate: a) the locations of monitoring and extraction wells currently at the site; b) which wells will be abandoned; and c) where replacement wells will be located after site construction is complete. Replacement well shall be specifically identified on the site plan and located to not obstruct site access, building locations or parking required spaces. (2) Z.6 A vapor risk assessment that evaluates the potential (5) health risks, to the occupants of the proposed buildings, posed by any residual subsurface contamination at the subject site shall be submitted to and approved by the OCHCA, with approved copies of such assessment provided to the Community Development Department. The Agency requires a vapor risk assessment for any contaminated sites where the land use will change from automotive repair or fueling station to any other commercial or residential use. (2) Z.7 A workplan for all modifications to the remediation (5) system at the subject site must be submitted to and approved by the OCHCA, with approved copies of such workplan provided to the Community Development Department. £xhibit A- Conditions of Approval CUP 94-003/DR 94-005 Resolution No. 3279 Page 4 (2) 2.8 The applicant shall provide to OCHCA a report on the (5) findings of the most recent soil samples collected. These findings will allow OCHCA to evaluate the effectiveness of the remediation ~ystem to date, and will be used to determine what future activities will be required. (2) 2.9 The applicant should consult with the various utility companies which will provide service to the development to incorporate energy conserving systems and design features into the project. SITE AND BUILDING CONDITIONS (1) 3.1 Provide exact details of all exterior door and window (4) types, including but not limited to such information as frame color and glass tint. (1) 3.2 Ail exterior colors to be used shall be subject to review (4) and approval of the Director of the Community Development Department. All exterior treatments shall be coordinated with regard to color, materials and detailing and noted on submitted construction plans and elevations shall indicate all colors and materials to be used. (1) 3.3 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) 3.4 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. 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 Newport Avenue and E1 Camino Real. (1) 3.5 Mechanical Equipment such as, but not limited to heater and filter units, pump units, air conditioning condensers and similar devices shall be screened from street view. ( ~ Exhibit A- Conditions of Approval CUP 94-003/DR 94-005 Resolution No. 3279 Page 5 (1) 3.6 Exterior elevations of the buildings shall indicate any (4) fixtures or equipnent 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) 3.7 On-site subdivision walls shall be constructed by subdivider including property line fencing along the easterly property line. Provide drawings indicating wall materials, cap and other decorative treatments and color. Property line walls shall be consistent with main building treatments. Retaining walls shall have exterior treatments consistent with other subdivision walls. Provide wall/fence legend on site plan including retaining walls, if any. (1) 3.8 Parking for the development shall be provided based upon gross floor area and/or restaurant seats provided as required by the Municipal Code. Final parking calculations showing compliance with the amount of required parking shall be provided on the working drawings. (1) 3.9 The property owners of the center shall be responsible (2) for the daily maintenance and up-keep of the subject center, 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. (1) 3.10 "No Loitering" signs shall be posted in the center, (2) including the patio area for Building C, with sign details and locations to be approved by the Community Development Department. (1) 3.1~ Ail exposed metal flashing or trim shall be painted to match the building. Exhibit A- Conditions of Approval CUP 94-003/DR 94-005 Resolution No. 3279 Page 6 (1) 3.12 Note on final plans that a six foot high chain link 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) 3.13 Ail roof access shall be provided' from the inside of the ( 4 ) buildings. (1) 3.14 No exterior down spouts shall be permitted. Ail roof (4) drains shall utilize interior piping, but may have exterior outlets at base of buildings. *** 3.15 A pedestrian crosswalk shall be provided across the drive-thru lane on the north side of Building C between the proposed curb ramps for the patio area east of the proposed menu board. Additional crosswalks shall be provided across the drive-thru lane on the south and west sides of Building C as an extension of the pedestrian sidewalk from Newport Avenue and E1 Camino Real to the walk-up order window area. Said crosswalks shall be of decorative paving consistent with other decorative pavement treatments for the center, subject to approval of the Community Development Department. (1) 3.16 Ail patio tables and other furniture shall be decorative (4) in design consistent with the architectural character of the project, subject to approval of the Community Development Department. USE RESTRICTIONS (1) 4.1 Outdoor patio seating for Building C shall be limited to a maximum of 30 seats. For purposes of calculating maximum seating, each 18 inches of bench length shall constitute one seat. (1) 4.2 Outside address speakers, telephone bells, buzzers, menu (2) order boards and similar devices which are audible from adjoining properties shall be prohibited. (2) 4.3 The operator of the pet store shall obtain all (5) appropriate approvals and permits from the Orange County Animal Control Division and maintain compliance with such approvals and permits at all times. Exhibit A- Conditions of Approval CUP 94-003/DR 94-005 Resolution No. 3279 Page 7 (1) 4.4 Except for the patio area designated for Building C, or as otherwise may be approved in conjunction with a special event consistent with current City policy, all business activity, sales, displays or other business activities within the center shall be conducted entirely within the buildings. . (2) 4.5 Ail animal waste and/or remains shall be disposed of in air tight bags prior to placement in the trash bins for the center. 4.6 If within twelve (12) months of issuance of a Certificate of Occupancy the Community Development Department or Public Works Department receives complaints or observes continuous traffic operation concerns related to the drive thru, the applicant shall identify and implement mitigation measures, subject to the approval of the City Traffic Engineer. LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (1) 5.1 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. Provide summary table identifying plant materials. The plant table shall list botanical and common names, sizes, spacing, location and quantity of the plant materials proposed. Show planting and beaming 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 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. (7) 5.2 The submitted landscaping plans at plan check shall reflect the following requirements: ao Turf is unacceptable for grades over 25%. A combination of planting materials must be used, ground cover on large areas alone is not acceptable. Exhibit A- Conditions of Approval CUP 94-003/DR 94-005 Resolution No. 3279 Page 8 Be Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 5 feet on center. Co Do Ground cover shall be planted between 8 to 12 inches on center. Fences, walls and equipment areas, shall be screened with shrubs and/or vines and trees. Ee 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, moving, weeding, removal of litter, fertilizing, regular watering and replacement of diseased or dead plants. Fe Buffer driveway and parking areas with landscaping berms when possible. Ge A thickly planted landscape shall be installed along the edge of the project. Use natural landscaping and other architectural detailing to soften their visual appearance. He Major points of entry to the project, courtyards and pedestrian internal circulation routes shall receive specimen trees to create an identification theme. I · Landscape adjacent to the right-of-way shall be coordinated with parkway landscaping. Perimeter walls should be treated with vines in order to relieve large expanse of walls with greenery and color. Vine should be informally grouped with training devices installed. (1) 5.3 Screening adjacent to roadways, whenever possible, shall (7) compliment the architecture, color and construction (4) materials of primary buildings on the site. (1) 5.4 Ail walls, fences or landscaping adjacent to streets (7) should be designed to provide adequate sight distance for (4) vehicles exiting the tract via the private streets. Exhibit A- Conditions of Approval CUP 94-003/DR 94-005 Resolution No. 3279 Page 9 (1) 5.5 Provide details, colors and materials for all exterior (4) walkways, stairs and walls. Design interior walkways to create a pedestrian corridor with accessory landscaping treatment. (1) 5.6 Entryway to the project site should be focal points. In (4) addition to larger tree treatment~ these areas should be provided with a variety of color and treatment of landscaping as well as an incorporation of special decorative signage or pavement treatment (i.e., walls, gates, lighting, etc.) (1) 5.7 Indicate lighting scheme for project, note locations of (2) all exterior lights and types of fixtures, and in conformance with the City's Security Code. Lights to be installed on buildings shall be a decorative design. No lights shall be permitted which may create any glare of have a negative impact on adjoining properties. The location and types of lighting, including light bases, shall be subject to the approval of the Community Development. (5) 5.8 Final mailbox design, location and orientation, including methods to ensure security provisions with locking devices shall be subject to the review and approval of the Community Development Director. SIGNS (1) 6.1 Ail signs shall be in conformance with the approved Master Sign Plan. In the event the Master Sign Plan is silent on a particular sign type or standard, the City's Sign Code shall apply. (4) 6.Z Ail freestanding signs, including drive-thru menu boards, and directional signs, shall include base and exterior finish materials consistent with the architectural treatment for the center, subject to approval of the Community Development Department. *** 6.3 An internally illuminated "Pedestrian Crossing" sign shall be located in the west landscape planter in view of a vehicle at the pick-up window on the south side of Building C. A second "Pedestrian Crossing" sign shall be located east of the proposed pedestrian ramps in the drive-thru lane on the north side of Building C. Letters on the sign shall be a minimum of six inches in height and limited to six square feet in area. Details of the sign shall be architecturally consistent with the design of the center, including base and exterior finish material, subject to approval of the Community Development Department. Exhibit A- Conditions of Approval CUP 94 -003/DR 94-005 Resolution No. 3279 Page 10 *** 6.4 The menu boards shall not exceed six (6) feet in overall height. FEES (1) 7.1 Payment of all fees is required in accordance with Condition 8.1 and 8.2 of Exhibit ~ of Planning Commission Resolution No. 3280.