HomeMy WebLinkAboutPC RES 2886 6
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RESOLUTION NO. 2886
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CONDITIONALLY APPROVING DESIGN
REVIEW 90-37 AND CONDITIONAL USE PERMIT 90-25
TO ALLOW CONSTRUCTION OF A 3,489-SQUARE FOOT
FAST-FOOT RESTAURANT WITH DRIVE-THRU SERVICE,
LOCATED AT 2992 EL CAMINO REAL.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
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The Planning Commission finds and determines as
follows:
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That proper applications, (Design Review 90-37
and Conditional Use Permit 90-25), were filed
on behalf of Carl Karcher Enterprises, Inc.
requesting approval of a 3,489-square foot
fast-food restaurant with drive-thru service
at 2992 E1 Camino Real, in the Tustin Market
Place.
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That a public hearing was duly called, noticed
and held on said application on March 11,
1991.
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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.
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Size and spacing of windows, doors and
other openings.
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Towers, chimneys, roof structures,
flagpoles, radio and television antennae.
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Landscaping, parking area design and
traffic circulation.
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Resolution No. 2886
Page 2
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8. Location, height and standards of
exterior illumination.
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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-thru 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:
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The proposed use is in conformance with
the East Tustin Specific Plan.
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The site is located in the Mixed Use land
use category of the East Tustin Specific
Plan.
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The use applied for is a conditionally-
permitted use in the Mixed Use District.
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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.
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Resolution No. 2886
Page 3
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The project satisfies the East Tustin
Specific Plan parking requirements.
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On-site traffic concer~;s have generally
been mitigated through the location and
design of the menu order board, drive-up
window and aisle.
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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 90-37 and Conditional Use Permit 90-25
allowing construction of a 3,489-square foot fast-
food restaurant with drive-thru service at 2992 E1
Camino Real in the Tustin Market Place, subject to
the conditions contained in Exhibit A, attached
hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 11th day of March, 1991.
DONALD LE JEUNE~
Chairman
KATHLEEN CLANCY
Secretary
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Resolution No. 2886
Page 4
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.
2886 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the llth day of
March, 1991.
Recording Secretary
EXHIBIT A
DESIGN REVIEW 90-37 AND CONDITIONAL USE PERMIT 90-25
CONDITIONS OF APPROVAL
RESOLUTION NO. 2886
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date-stamped March 11,
1991, 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.
(5) 1.3 The project shall comply with all applicable conditions
of approval of Tract No. 13556.
(1) 1.4 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) 1.5 The applicant shall sign and return an Agreement to
Conditions Imposed form prior to issuance of building
permits.
PLAN SUBMITTAL
2.1 At building plan check the following shall be submitted:
(3) A.
Construction plans, struc=ura! 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.
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
Resolution No. 2886
CUP 90-25 and DR 90-37
Page 2
(2)
(3)
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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)
(3)
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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)
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A precise soils engineering report provided by a
soils engineer within the previous twelve (12)
months as determined by the Building Official.
(4) Z.2 Architectural plans submitted for plan check shall bear
(5) the approval of the project architect for the Tustin
Market Place.
SITE AND BUILDING CONDITIONS
(4) 3.1 Prior to obtaining a Certificate of Occupancy for the
restaurant, the trash enclosure adjacent to the site
shall be installed.
(4) 3.2 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) 3.3 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) 3.4 Ail exterior accent colors to be used shall be subject to
review approval of the Director of the Community
Development Department. 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
Exhibit A
Resolution No. 2886
CUP 90-25 and DR 90-37
Page 3
textured acrylic finish on all exposed wall surfaces
(main building, screen, garden walls, and enclosures,
etc. ) .
(4) 3.5 Provide plans and details for all lighting fixtures.
Note locations on site plan and building elevations.
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) 3.6 Ail exposed metal flashing or trim shall be painted to
match the building.
(1) 3.7 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) 3.8 Exterior elevations of the building shall
(4) indicate any 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) 3.9 Ail roof access shall be provided from the inside of the
building.
3.~0 No exterior downspouts shall be permitted; all roof
drainage shall utilize interior piping, but may have
exterior outlets at base of building.
(4) 3.1~ 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) 3.12 Note on plans that outdoor storage shall be prohibited.
(4) 3.~3 Provide details of the patio/playground enclosure, which
shall consist of metal fencing spanning between
pilasters. The enclosure shall be similar to that used
Exhibit A
Resolution No. 2886
CUP 90-25 and DR 90-37
Page 4
for other outdoor storage areas at the Tustin Market
Place, such as the Home Depot storage area.
(4) 3.14 The site plan shall be revised to provide stacking area
for six (6) cars from the menu order board to the
beginning of the drive-thru lane, maintaining a minimum
parking lot drive aisle width of 25 feet.
A pneumatic tube pay system shall be installed, in lieu
of the pay window, in a location determined by the
Director of Community Development.
A minimum of nine (9) cars shall be accommodated in the
drive-thru lane from the site entrance to the food pick-
up window.
LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS
(1) 4.1 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. Said plans shall bear the
approval of the landscape architect (POD/Sasaki) 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 (located in inconspicuous area), 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. Adequacy of coverage of
landscaping and irrigation materials is subject to field
inspection at project completion by the Department of
Community Development.
Exhibit A
Resolution No. 2886
CUP 90-25 and DR 90-37
Page 5
(7) 4.2 The submitted landscaping plans at plan check shall
reflect the following requirements:
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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.
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Ground cover shall be planted between 8 to 12
inches on center.
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When 1 gallon plant sizes are used, the spacing may
vary according to materials used.
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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
limited to trimming, mowing, weeding, removal of
litter, fertilizing, regular watering, or
replacement of diseased or dead plants.
(4) 4.3 Provide details of all furnishings, light fixtures and
*** play equipment for the outdoor patio/playground including
tables, chairs, umbrellas, benches, trash receptacles,
and "bus" stations. The design of these facilities shall
include cast concrete tables and benches, and shall be
consistent and compatible with the exterior design and
materials of the restaurant and other fast-food
restaurants at the Tustin Market Place. The design and
materials of exterior light fixtures shall be compatible
with those throughout the center (white painted metal
mast with exposed-aggregate concrete base).
SIGNAGE
(4) 5.1 Applicant shall submit detailed plans for logos and
business identification signs. Said plans shall indicate
the sign area, materials, colors, illumination and
mounting, and shall comply with all of the applicable
Exhibit A
Resolution No. 2886
CUP 90-25 and DR 90-37
Page 6
requirements of the Tustin City Code and Tustin Market
Place Sign Program, as revised (October 8, 1990).
(4) 5.2 Business identification wall signs, including logos,
shall comply with the following standards:
Front Elevation - 25 percent of the wall area, not to
exceed 64-square feet
Side Elevations - 5 percent of wall area, not to exceed
25-square feet
Rear Elevation - 5 percent of wall area, not to exceed
25-square feet
(4) 5.3 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) 5.4 No sign component shall flash, blink or be otherwise
animated. Such animation is strictly prohibited.
FIRE DEPARTMENT
(5) 6.1 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) 6.2 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) 6.3 The building shall meet Uniform Building
requirements for A-3 occupancy.
Code
(5) 6.4 The building shall meet all requirements of the Uniform
Fire Code.
Exhibit A
Resolution No. 2886
CUP 90-25 and DR 90-37
Page 7
NOISE
7.1 Ail requirements of the City's Noise Ordinance (Chapter
6 of the Municipal Code) shall be met at all times.
(6)
FEES
8.1 Prior to issuance of any permits, the applicant shall pay
the following fees:
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Ail applicable plan check and permit fees
New development fees
School facilities fees to the Tustin Unified School
District.
Sewer and water fees to Irvine Ranch Water District
Major thoroughfare and bridge fees