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HomeMy WebLinkAboutPC RES 3174 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 RESOLUTION NO. 3174 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING DESIGN REVIEW 93-005 TO ALLOW CONSTRUCTION OF A 10,285-SQUARE FOOT RESTAURANT AND LOUNGE LOCATED AT 3030 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: A,' That proper applications for Design Review 93- 005 was filed on behalf of American Restaurant Group/Stewart Anderson's Black Angus requesting approval of a 10,285-square foot restaurant and lounge at 3030 E1 Camino Real, in the Tustin Market Place. B , Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 93-005 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. · 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 exterior illumination. standards of · Location and appearance of equipment located outside of an enclosed structure. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3174 Page 2 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. II. The Planning Commission hereby approves Design Review 93-005 allowing construction of a 10,285- square foot restaurant and lounge at 3030 E1 Camino Real in the Tustin Market Place, subject to the conditions contained in Exhibit A and B, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 13th day of September, 1993. Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3174 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of September, 1993/% Recording Secretary EXHIBIT A DESIGN REVIEW 93-005 CONDITIONS OF APPROVAL RESOLUTION NO. 3174 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date-stamped September 13, 1993, 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 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 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. (2) 1.6 Prior to issuance of a building permit, the property owner shall enter into an agreement with the City and post bonds for the completion of on-site and off-site improvements as outlined in Exhibit B, Required Traffic Circulation Improvements, attached hereto and incorporated herein by reference. 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 Design Review 93-005 Conditions of Approval Resolution No. 3174 Page 2 PLAN SUBMITTAL 2.1 kt 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, 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) 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. (2) D. (3) A precise soils engineering report provided by a soils engineer within the previous twelve (12) months as determined by the Building Official. (4) 2.2 Architectural plans submitted for plan check shall bear (5) the approval of the project architect for the Tustin Market Place. USE RESTRICTIONS (4) 3.1 The hours of operation for the restaurant and lounge shall be limited to 10:00 a.m. to 2:00 a.m. (4) 3.2 Ail loading vehicles shall be parked in designated areas and loading shall be completed prior to 10:00 a.m. (4) 3.3 Prior to operation of the dance floor or any other live entertainment, the applicant shall receive all necessary approvals from the License and Permit Board and shall satisfy any conditions associated with said approval. Exhibit A Design Review 93-005 Conditions of Approval Resolution No. 3174 Page 3 (4) 3.4 Hot food items prepared on-site shall be available to lounge customers continually during the hours of operation of the lounge. SITE AND BUILDING CONDITIONS 4.1 Black Angus shall provide for restaurant delivery trucks to park within designated parking spaces. Approximately 10-12 spaces along the eastern edge of the property shall be used for semi-trailer trucks and 4-6 parking spaces located near the delivery door shall be needed for regular and small size trucks. Loading time is restricted to the hours of 6:00 a.m. to 10:00 a.m. These spaces should be signed "Loading Only 6-10 AM", as per California Standard Codes. (4) 4.2 Provide exact details for exterior doors, including roll- up doors, and window types on construction plans. Door and windows shall be consistent with design for Tustin Market Place. (4) 4.3 The base colors for this building shall be the medium and dark tans shown on the Planning Commission approved "7- 10-89 Color Board." Those colors are: Frazee #4353-M and Frazee #4354-D. (1) 4.4 Ail exterior accent colors to be used shall be subject to review approval of the Director of the Community Development Department and shall be consistent with samples provided on the color board. All exterior treatments shall be coordinated with regard to color, materials and detailing and clearly noted on submitted construction plans and elevations. The building shall have a ."Stolit"-type textured acrylic finish including a similar finish on all exposed wall surfaces, all screen and garden walls, trash enclosures, etc.). (4) 4.5 Provide plans and details for all lighting fixtures. Note locations on site plan and building elevations. One footcandle of light throughout the parking lot. Fixtures on building shall be of a decorative design. (4) 4.6 Ail exposed metal flashing or trim shall be painted to match the building. Exhibit A Design Review 93-005 Conditions of Approval Resolution No. 3174 Page 4 (1) 4.7 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) 4.8 Exterior elevations of the building shall indicate any (4) 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. (4) 4.9 Ail roof access shall be provided from the inside of the building. (4) 4.10 No exterior downspouts shall be permitted; all roof drainage shall utilize interior piping, but may have exterior outlets at base of building. (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. (4) 4.14 An adequate size trash enclosure with sold metal, self closing, self latching gates shall be provided. Details for gate attachments shall be provided. Said enclosure shall be screened by a decorative wall of a minimum height of six feet. The trash enclosure shall be consistent with other trash enclosures in the Market Place. (4) 4.15 Any outdoor speaker boxes and equipment shall be located to be consistent with noise ordinances to the satisfaction of the Community Development Department staff so that no noise is directed toward adjoining businesses and properties. Exhibit A Design Review 93-005 Conditions of Approval Resolution No. 3174 Page 5 LANDSCAPING, GROUNDS AND ~tARDSCAPE ELEMENTS (1) 5.1 Submit at plan check complete detailed landscaping and (7) irrigation plans for all landscaping areas consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements and consistent with the landscaping concept plan. Said plans shall be consistent with the existing landscape palette for the Tustin Market Place. 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, and wall locations. The Department of Community Development 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 Department of Community Development. (7) 5.2 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 8 feet on center when intended as screen planting. B , Ground cover shall be planted between 8 to 12 inches on center. C . When 1 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 landscaping must be maintained in a neat and healthy condition. This will include but not be Exhibit A Design Review 93-005 Conditions of Approval Resolution No. 3174 Page 6 limited to trimming, mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of diseased or dead plants. (5) 5.3 Ail landscaping should be kept below the window areas to maintain visibility. SIGNS (4) 6.1 Business identification wall signs, including shall comply with the requirements of the Tustin Market Place Master Sign Plan, as approved by the Planning Commission. (4) 6.2 Ail incidental signs for this project including entry, exit, yield and handicap signs, shall be designed consistent with such signage used elsewhere in the Tustin Market Place, subject to review and approval by the Community Development and Public Works Departments. (4) 6.3 No sign component shall flash, blink or be otherwise animated. Such animation is strictly prohibited. FIRE DEPARTMENT (5) 7.1 Prior to the issuance of any building permits for combustible construction, evidence that a water supply for fire protection is available shall be submitted to and approved by the Fire Chief. Fire hydrants and access roads shall be in place and operational to meet requirements and fire-flow prior to commencing combustible materials. (5) 7.2 Prior to the issuance of any Certificate of Use and Occupancy, all drives 28 feet or less shall be posted "No Parking - Fire Lanes" as per 1988 Uniform Fire Code Section 10.207 in a manner meeting the approval of the County Fire Chief. (5) 7.3 The building shall meet Uniform Building Code requirements for A-2.1 occupancy. (5) 7.4 The building shall meet all requirements of the Uniform Fire Code. Exhibit A Design Review 93-005 Conditions of Approval Resolution No. 3174 Page 7 NOISE (1) 8.1 Ail requirements of the City's Noise Ordinance (Chapter 6 of the Municipal Code) shall be met at all times. FEES (6) 9.1 Prior to issuance of any permits, the applicant shall pay the following fees: A. Ail applicable plan check and permit fees, B. New development fees, C . School facilities fees to the Tustin Unified School District, D . Sewer and water fees to Irvine Ranch Water District, E. Major thoroughfare and bridge fees. *** 9.2 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) 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. 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. EXHIBIT B REQUIRED TRAFFIC CIRCULATION IMPROVEMENTS DESIGN REVIEW 93-005 CONDITIONS OF APPROVAL RESOLUTION NO. 3174 1.1 PLAN SUBMITTAL The necessary site improvement plans and traffic signal plan modifications shall be submitted to the Community Development Department and Public Works Department for their review and approval prior to commencement of work. 1.2 CIRCULATION IMPROVEMENTS Prior to the issuance of a building permit for Black Angus, the property owner shall enter into an agreement with the City of Tustin and post the necessary bonds for the completion of the following on-site and off-site improvements. A® Prior to issuance of Certificate of Occupancy for Black Angus, the property owner shall provide an additional signal head' for a free right-turn arrow for traffic turning right onto E1 Camino Real from East Drive and traveling toward Jamboree Road. Be Prior to issuance of Certificate of Occupancy for Black Angus, the property owner shall provide lane striping (as per standards laid out in Caltrans Traffic Manual) along East Drive to reflect a separate right turn lane and a shared through-left turn lane on the south approach of East Drive at the E1 Camino Real and East Drive intersection. Advance signage indicating the above should also be provided. The property owner shall also provide a plan for additional pavement markings directing vehicles to exit locations on East Drive and West Drive, subject to approval of the Community Development Department and the Traffic Engineer. Ce Prior to issuance of Certificate of Occupancy for Black Angus, the property owner shall close the first drive aisle on the east side of East Drive south of E1 Camino Real. Signage for Taco Bell and In-N-Out Burger access should lead traffic to the second drive aisle and then to the individual pads, subject to the approval of the Community Development Department. De The property owner shall widen East Drive south of E1 Camino Real to provide two travel lanes southbound from E1 Camino Real to the second drive aisle. At the intersection of East Drive and the second drive aisle, the southbound approach of East Drive should be striped Exhibit B Required Traffic Circulation Improvements DR 93-005 Resolution No. 3174 Page 2 (as per Caltrans Traffic Manual standards) to reflect right turn only for the right lane. These improvements shall be completed in conjunction with one of the following three thresholds, whichever occurs first: 1. Future pad development south of E1 Camino Real;or · Any future expansion of the center south of E1 Camino Real; or · Within 6 months from the date of issuance of the Certificate of Occupancy for Black Angus, the Public Works Department will require the property owner to conduct a traffic analysis, at their cost, of the intersection of East Drive, south of E1 Camino Real and the second drive aisle to determine if East Drive should be widened at this location. Said analysis and report shall be subject to review and approval by the Public Works Department. If the Public Work's approved analysis indicates the improvements are necessary for efficient on-site circulation, then the property owner shall be required to construct the improvements within 90 days. E· Improve stacking provisions and circulation at E1 Camino Real and West Drive intersection. This can be achieved by the staged-implementation of the following improvements in the order detailed below: Prior to issuance of the Certificate of Occupancy for Black Angus, the property owner shall restripe the drive aisle into Beacon Bay Auto Wash to one- way westbound only. This would help alleviate the conflicts occurring at the drive aisle along West Drive. · Prior to issuance of the Certificate of Occupancy for Black Angus, the property owner shall close the first drive aisle to the parking area at West Drive south of E1 Camino Real using bollards. This will help determine the level of improvement achieved by closing the first driveway. After ensuring proper functioning of this, the next mitigation measure should be implemented. Exhibit B Required Traffic Circulation Improvements DR 93-005 Resolution No. 3174 Page 3 \3174exB. sp · Within 6 months from the date of issuance of the Certificate of Occupancy for Black Angus, the Public Works Department will require the property owner to conduct a traffic analysis, at their cost, of West Drive, south of E1 Camino Real to determine the effectiveness of E1 and E2, above and to evaluate the need for the following permanent improvements: Close the first drive aisle to the parking area at West Drive south of E1 Camino Real using a permanent concrete curb. The Parking spaces in the parking area south of E1 Camino Real and east of West Drive should be reconfigured. In addition, to improve stacking provisions and hence the circulation, an additional lane shall be provided along West Drive at E1 Camino Real by widening and restripping West Drive to have two outbound lanes at the approach until the second drive aisle. In addition, in order to minimize conflicts, the traffic analysis shall also include a review of on-site circulation directly in front of Home Depot, including loading congestion, pedestrian safety and alternative methods of loading and on-site circulation. Said analysis and report shall be subject to review and approval by the Public Works Department. If the approved report indicates the improvements are necessary, then the property owner shall be required to construct the improvements within 90 days after direction to do so and upon issuance by the City of all necessary permits.