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RESOLUTION NO. 3065A
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA GRANTING APPEAL OF
CONDITIONS OF APPROVAL 2.1, 2.2, 2.3, 2.4, AND
2.7 OF DESIGN REVIEW 92-024, WHICH WAS
APPROVED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT TO PERMIT THE EXTERIOR REMODELING
OF AN EXISTING RESTAURANT LOCATED AT 13102
NEWPORT AVENUE.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as
follows:
ae
That a proper application, Design Review 92-
024, was filed on behalf of the Breckenridge
Group to permit exterior remodeling of the
existing restaurant located at 13102 Newport
Avenue.
Be
That Design Review 92-024 was approved with
conditions by the Community Development
Department.
Co
That a proper appeal was filed by the
Breckenridge Group requesting appeal of
certain Conditions of Approval 2.1, 2.2', 2.3,
2.4, and 2.7 for Design Review 92-024.
De
Pursuant to Section 9272 of the Tustin
Municipal Code, the Commission finds that the
elimination of the existing river rock and
brick; the introduction of 1950's style
elements such as glass block, metal railings,
curved cement plaster parapets, round red logo
signs round metal light fixtures, and an art
deco door; and the introduction of a color
selection such as white, grey trim and red
highlights will not impair the orderly and
harmonious development of the area, since
stucco, the predominate material used at the
shopping center which the subject restaurant
is nearby, is utilized in the proposed
exterior remodeling. Further, the Commission
finds that the subject restaurant is not
structurally integrated with the adjoining
shopping center as it is on a stand alone pad.
Therefore, the subject restaurant need not
exhibit and identical color scheme and
detailing as the nearby shopping center. In
making such findings, the Commission has
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Resolution No. 3065A
Page 2
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. Size and spacing of windows, doors and
other openings.
6. Towers, chimneys, roof structures,
flagpoles, radio and television antennae.
7. Landscaping, parking area design and
traffic circulation.
8. Location, height and standards of
exterior illumination.
9. 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 signing.
14. Development Guidelines and criteria as
adopted by the City Council.
E. That the proposed project is categorically
exempt (Class 1) pursuant to the California
Environmental Quality Act 15301.
II. The Planning Commission hereby grants the appeal of
Conditions of Approval 2.1, 2.2, 2.3, 2.4, and 2.7
for Design Review 92-024 which was approved by the
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Resolution No. 3065A
Page 3
Community Development Department to permit the
remodeling of an existing restaurant located at
13102 Newport Avenue, subject to the conditions
contained in the attached Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 27th day of July, 1992.
c/Chairman
K~THLEE-N CLANCY
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.
3065A was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 27th day of
July, 1992.
KATHLEEN CLANCY- -
Recording Secretary
(i)
(i)
(i)
(i)
(5)
(i)
(5)
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ae
RESOLUTION 3065A
EXHIBIT A
CONDITIONS OF APPROVAL
DESIGN REVIEW 92-024
GENERAL
1.1 The proposed project shall substantially conform
with the submitted plans for the project date
stamped July 27, 1992 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.
1.2 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.
1.3 Design Review approval shall become null and void
unless building permits are issued within eighteen
(18) months of the date of this Exhibit.
1.4 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.
1.5 Ail construction shall be in accordance with the
1991 UBC, applicable City Codes and the City's
Security Code.
1.6 Approval of Design Review 92-024 is contingent upon
the applicant signing and returning an "Agreement
to Conditions Imposed" form, as established by the
Director of Community Development.
(i)
(5)
,
ARCHITECTURE
2.1 According to Community Development Department
records, the maximum number of seats permitted
inside the restaurant is 141 seats, which is based
on the amount of parking spaces available (47
spaces) to the restaurant.
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. 3065A
July 27, 1992
Page 2
(1)
(5)
(1)
(5)
2.2 Exterior elevations of the building shall indicate
any equipment to be located on the roof, equipment
height and type of screening. All parapets shall be
at least six inches above rooftop equipment for
purpose of screening or alternative screening shall
be provided, subject to the approval of the
Community Development Department. Provide a roof
plan identifying roof-mounted equipment, heights of
such equipment, heights of parapets and section
details, if necessary, to illustrate such
conformance.
2.3 Sign design is subject to the requirements of the
Tustin City Sign Code and to the Packer's Square
Sign Program. Sign permits are issued under a
separate permit process. Please delete all signs
from plan check submittal and submit sign plans
separately.
Sign criteria for the proposed project must conform
to the following criteria as per Tustin City Code
Section 9408C:
a ·
Primary Sign - One (1) single-face wall or
canopy sing, with a maximum of 75-square feet,
to be located below the roof eave.
b .
Secondary Sign - Two (2) secondary wall or
canopy signs, with a maximum of 25-square
feet, to be located below the roof eave. A
maximum of one (1) secondary sign is permitted
per building face.
C ·
The existing restaurant monument sign shall be
removed. Should a new monument sign be
installed, said monument sign shall be
consistent with the existing Tustin City Code
as follows: Monument Sign - One (1) sign of
32-square feet, with a maximum of six feet in
height, to be located in a landscaped area
adjacent to the street and subject to visual
clearance requirements. Permitted for
individual tenant located in a freestanding
building within a business center having a
minimum of 5,000-square feet of floor area.
Exhibit A - Conditions of Approval
Resolution No. 3065A
July 27, 1992
Page 3
(1)
(4)
(6)
(1)
There shall be a minimum of 100-lineal feet
separating each monument sign within a center.
Monument signs shall maintain a minimum 25
foot separation from side property lines or 50
foot separation from another pole or monument
sign on an adjacent site, whichever is less
restrictive. If the existing Faraday's
monument sign is non-conforming to this
existing Code requirement, a face change only
would be permitted.
do
Community Development Director has authority
to approve use of exterior exposed neon for
the building elevations pursuant to Tustin
City Code.
When submitting sign plans for design review,
submit three sets of plans with property owner's
signature. Any exposed neon tubing in signs will
require Planning Commission approval.
2.4 Awnings shall not be backlit.
2.5 Indicate all existing planting material to be
removed, temporarily or permanently, on plan check
submittal. All existing planting material removed
shall be replaced in-kind with planting materials
of similar size. All new landscaping shall comply
with the City's Landscape and Irrigation Standards.
2.6 Indicate all existing and proposed trash enclosures
on plan check submittal. Adequate size trash
enclosures with a solid metal, self closing, self
latching gates shall be provided. Said enclosures
shall be screened by a decorative wall of a minimum
height of six feet; and, if required, a dense type
of landscaping. The actual location of said
enclosures and types of screening shall be subject
to approval by the Community Development Director.
(5)
Ce
FIRE DEPARTMENT
3.1 Panic hardware shall be provided on exterior doors
in conformance with the Uniform Building Code.
Exhibit A - Conditions of Approval
Resolution No. 3065A
July 27, 1992
Page 4
D. FEES
4.1 Payment of but not limited to, building plan check
and permit fees to the Community Development
Department shall be made prior to issuance of any
building permits in accordance with the Tustin City
Code.