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HomeMy WebLinkAboutPC RES 3128 6 8 9 10 11 13 14 15 16 17 18 19 ~0 2~ 23 28 RESOLUTION NO. 3128 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING DESIGN REVIEW 92-053 AND CONDITIONAL USE PERMIT 92- 047 TO ALLOW CONSTRUCTION OF A 2,643-SQUARE FOOT FAST-FOOT RESTAIrRANT WITH DRIVE-THROUGH SERVICE, LOCATED AT 3010 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, (Design Review 92- 053 and Conditional U~e Permit 92-047), were filed on behalf of Taco Bell requesting approval of a 2,643-square foot fast-food restaurant with drive-through service at 3010 E1 Camino Real, in the Tustin Market Place. Be That a public hearing was duly called, noticed and held on said application on March 22, 1993 by the Planning Commission. Ce Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of the amendment to Design Review 87-37 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. 1 2' 18 19 '2_1 0_3 ~5 Resolution No. 3128 Page 2 De 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. 14. Development Guidelines and criteria as adopted by the City Council. That establishment, maintenance, and operation of drive-through 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-through aisle from the on-site parking. e The potential for pedestrian/vehicle conflicts has been mitigated through the construction of two internally illuminated signs reading, "pedestrian crossing" at the crosswalk on the west side of the restaurant. Further, the slightly raised, interlocking pavers proposed for the crosswalk surface will visually and texturally alert drivers to the crosswalk. 6 7 8 9 19 11 13 15 16 17 18 19 ~0 ~3 ~4 ~5 28 Resolution No. 3128 Page 3 . 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 window, drive-up window, and inclusion of a roving customer's service employee. The location of two. signs which would read, "no stopping - do'not block drive aisle," would also keep the drive aisle from being blocked by waiting vehicles. e 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. · The fast food restaurant would be open from 10:00 a.m. to 1:00 a.m., consistent with other fast food restaurant in the Market Place. E· That the establishment, maintenance and operation of the proposed 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. II. The Planning Commission hereby approves Design Review 92-053 and Conditional Use Permit 92-047 allowing construction of a 2,643-square foot fast- food restaurant with drive-through service at 3010 E1 Camino Real in the Tust~n Market Place, subject to the conditions contained in Exhibit A, attached hereto. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3128 Page 4 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 22nd day of March, 1993. KATHLEEN C~ Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) Cha ~r~u~n -- ~ 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. 3128 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of March, 1993. Recording Secretary EXHIBIT A DESIGN REVIEW 92-053 AND CONDITIONAL USE PERMIT 92-04? CONDITIONS OF APPROVAL RESOLUTION NO. 3128 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date-stamped March 22, 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 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. mmmmmmmmmmmmmmmmmmmmmmmmemmmmmmmmNmmmmmmmmmmmmmmmmmNmmmmmmmmmm SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (?) PC/CC POLICY *** EXCEPTIONS PLAN SUBMITTAL Exhibit A CUP 92-047 and DR 92-053 Conditions of Approval Resolution No. 3128 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) (3) Be 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) . (3) De 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 (5) 3.1 This development is being constructed on Parcel 2 and a small rectangular portion of Parcel 1 of Lot Line Adjustment No. 91-1 in the City of Tustin, County of Orange, State of California, per Instrument No. 91-124708 of Office Records of said County, Recorded March 19, 1991. A lot line adjustment shall be processed to provide for all construction to occur on Parcel 2 of Lot Line Adjustment No. 91-1 prior to the issuance of all grading permits. (5) 3.2 A roving customer service employee shall provide ordering service to customers waiting in the drive-through lane during the hours of 11:30 a.m. to 1:30 p.m. Exhibit A CUP 92--047 and DR 92-053 Conditions of Approval ResolutJ. on No, 3128 Page 3 SITE AND BUILDING CONDITIONS (5) 4.1 Exterior walls within 20-feet of any property lines shall have a one-hour fire-resistance. For the purpose of this requirement, the center line of an adjoining public way shall, be considered an adjacent property line. (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 and drive- through aisle is required. Fixtures on building shall be of a decorative design. Freestanding fixtures shall be white with a sandblasted, exposed aggregate base to match existing fixtures in the Tustin Market Place. (4) 4.6 Ail exposed metal flashing or trim shall be painted to match the building. (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 Exhibit A CUP 92-047 and DR 92-053 .Conditions of Approval Resolution No. 3128 Page 4 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 p~rmitted; 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) 4.1Z 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 Ail loading shall be performed on the site prior to 10:00 a.m.. (4) 4.15 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, and if required, a dense type of landscaping. The trash enclosure shall be consistent with other trash enclosures in the Market Place. The location of said enclosure and types of screening shall be subject to the approval of the Community Development Department Director. (4) 4.16 Intercom speaker boxes on drive through facilities shall be located and equipment 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. LANDSCAPING,~ GROUNDS AND KARDSCAPE 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 Exhibit A CUP 92--047 and DR 92-053 Conditions of Approval Resolution No. 3128 Page 5 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, spaciDg, 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 controlI 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: ae 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. Ground cover shall be planted between 8 to 12 inches on center. Ce When 1 gallon plant sizes are used, the spacing nay vary according to materials used. D. E. Indicate plant materials for the outdoor waiting area. Provide detailed planting and irrigation details. 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 CUP 92-047 and DR 92-053 Conditions of Approval Resolution No. 3128 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 logos, shall comply with the following'standards: a · Tenant identification shall be limited to a maximum of 139 square feet aggregate copy area allocated as desired among up to four building elevations. be Menu boards and directional signs are considered secondary site signs and shall not be visible from the public-right-of-way. All secondary site signs shall be designed as a family of signs. Typestyle, layout, form, detail, colors and materials shall remain consistent with the Market Place Master Sign Plan. Maximum copy area for secondary site ~igns such as directional signs shall be limited to six square feet, except for menu boards which may be up to 50 square feet in area. (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. *** 6.4 (5) A "No Stopping - Do Not Block Drive" signs shall be placed in the two landscape planters on the south side of the drive aisle near the entrance to the drive-through lane. Letters on the sign shall be a minimum of six inches in height. Details of the sign shall be approved by the Directors of Public Works and Community Development. The signs shall be limited to six square feet in area. Exhibit A CUP 92-.047 and DR 92-~053 Conditions of Approval Resolution No. 3128 Page 7 *** 6..$ An internally illuminated "Pedestrian Crossing" sign shall be located in the west landscape planter in view of a vehicle at the pick-up window of the drive-through lane. A second "Pedestrian Crossing" sign shall be located in the west landscape planter north of the crosswalk. Letters on the sJ.gn shall be a minimum of six inches in height. Details of the sign shall be approved by the Directors of Public Works and Community Development. Signs shall be limited to six square feet in area. 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 co]m~encing 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-3 occupancy. (5) 7~4 The building shall meet all requirements of the Uniform Fire Code. 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, Exhibit A CUP 92-047 and DR 92-053 Conditions of Approval Resolution No. 3128 Page 8 B. New development fees, Ce De School facilities fees to the Tustin Unified School District, Sewer and water fees to Irvine Ranch Water District, E. Major thoroughfare and bridge fees. *** 9.Z Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall d~liver 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.