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HomeMy WebLinkAboutPC RES 3834RESOLUTION NO. 3834 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 02- 006 AUTHORIZING THE ESTABLISHMENT OF SIX (6) OUTDOOR SEATS AND THREE (3) TABLES FOR A 1,430 SQUARE FOOT RESTAURANT LOCATED AT 1450 EL CAMINO REAL, SUITE A The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A proper application, Conditional Use Permit 02-006, was filed by Starbucks Coffee, requesting authorization to provide six (6) outdoor seats and three (3) tables for a 1,430 square foot restaurant (coffee house) under construction at 1450 El Camino Real, Suite A, within the Retail Commemial (C-1) Zoning District and Community Commercial General Plan land use designation. The proposed use is consistent with the policies and requirements of the Retail Commercial (C-1) zoning district and Community Commercial General Plan land use designation. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. C The outdoor seating area is consistent with Planning Commission Resolution No. 2490 that established policies and requirements for outdoor seating areas. Outdoor seating areas are subject to approval of a conditional use permit. D. The Planning Commission reviewed the application on June 24, 2002. That the establishment, maintenance, and operation of the proposed market 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, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: The proposed use is consistent with the zoning and development standards for the property and will operate in accordance with policies and requirements of the Guidelines for Outdoor Seating as established by Planning Commission Resolution No. 2490. Resolution No. 3834 Page 2 = As conditioned, Starbucks Coffee will have a maximum of six (6) outdoor seats and three (3) tables and fifteen (15) indoor seats. With thirty (30) on-site parking spaces, Starbucks Coffee is authorized to provide a total of twenty-one (21) seats. The proposed outdoor seating can be accommodated by the existing number of parking spaces provided in the center. Consistent with the Guidelines for Outdoor Seating, the outdoor seating is more than 200 feet from the residential uses which are on the north side of El Camino Real, and more than 600 feet from Tustin High School. However, Condition No. 1.8 is included to provide for an annual review of the use to ensure continued compatibility with the area and compliance with the conditions of approval. The proposed use will not have an effect upon the aesthetics of the area in that the proposed metal chairs and seats are durable and designed for outdoor use, with a color and contemporary style to complement the building, in addition, five (5) twenty-four (24) inch diameter potted plants with fifteen (15) gallon plants would be provided to enhance the outdoor seating area. = Operational hours of 5:00 a.m. to 12:00 p.m. for the coffee house, and associated outdoor seating, are appropriate given the primarily commercial nature of the area and proximity to a freeway and major arterial roadway. As conditioned, vending machines, and public telephones are prohibited to be located outside the building. As conditioned, no alcoholic beverages would be served at the establishment. As conditioned, no live entertainment or amplified noise is permitted. This project is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 02-006 authorizing the establishment of an outdoor seating area for six (6) seats and three (3) tables for a 1,430 square foot restaurant located at 1450 El Camino Real, Suite A, subject to the conditions contained within Exhibit A attached hereto. Resolution No. 3834 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 24th day of June, 2002. Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3834 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of June, 2002. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 3834 CONDITIONAL USE PERMIT 02-006 CONDITIONS OF APPROVAL GENERAL (1) 1.1 (1) '1.2 (1) 1.3 (1) 1.4 '1.5 The proposed project shall substantially conform with the submitted plans for the project date stamped June 24, 2002, 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 consistent with provisions of the Tustin City Code. This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. All conditions in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. Approval of Conditional Use Permit 02-006 is contingent upon the applicant and property owner signing and retuming to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. As a condition of approval of Conditional Use Permit 02-006, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third-party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. (1) (2) (3) (4) SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (s) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POMCY I=xhibit A Resolution No. 3834 Page 2 The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.6 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. (1) 1,7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (*) 1.8 Conditional Use Permit 02-006 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. USE RESTRICTIONS (1 2.1 A maximum of six (6) outdoor seats and three (3) tables shall be provided in front of Suite A in accordance with the approved plans. There are thirty (30) on-site parking spaces. Starbucks Coffee is authorized to provide a total of twenty-one (21) indoor and outdoor seats. Any change to the maximum number of indoor and outdoor seats requires written approval of the Community Development Department. (1 2.2 All outdoor furniture including, seats, tables, and trash receptacles shall be metal and painted green or black to match. No resin or plastic furniture shall be permitted. Any change to the approved design, material, or color of the outdoor furniture requires written approval of the Community Development Department. (1 2.3 The outdoor seating area shall be setback a minimum of five (5) feet from the parking lot and the property line. The area shall be defined by five (5) twenty-four (24) inch diameter potted plants, subject to final approval and field inspection by the Community Development Department for location, material and type of planting material. Any change to design, number, location, and plant material requires written approval of the Community Development Department. The potted plants shall be maintained in a healthy and vigorous condition at all times. Unhealthy plants shall be replaced within seven (7) days of notification from the City. Exhibit A Resolution No. 3834 Page 3 (1)(3) 2.4 (1) 2.5 (1) 2.6 (1) 2.7 (1) 2.8 (1) 2.9 (1) 2.10 (1) 2.11 (1) 2.12 FEES (2) 3.1 Outdoor seats, tables, trash receptacles or potted plants shall not obstruct pedestrian and accessible access to the retail center. The on-site manager shall be responsible for ensuring that a forty-eight (48) inch path of travel remain clear and unobstructed at all times. The outdoor seating area shall contain trash receptacles and shall be cleaned on a continual and daily basis to ensure timely removal of litter and food items. No signs or advertisements shall be placed within the outdoor seating area. No coin-operated video, games, or vending items are permitted in the outdoor seating area. No exterior public pay telephones are permitted. No amplified noise or live entertainment is permitted unless authorized in writing by the Community Development Department. A minimum of one foot (1) footcandle lighting shall be provided in the outdoor seating area, consistent with the Tustin Security Code. Sales of alcoholic beverages in the premises including the outdoor seating area is prohibited. Prior to using the outdoor seating area and within five (5) days of the installation of approved improvements, the applicant shall request and pass a final inspection by the Community Development Department to ensure compliance with the approved plans and conditions of approval. 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 $43.00 (forty-three dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.