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RESOLUTION NO. 2851
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, CONDITIONALLY
APPROVING DESIGN REVIEW 90-31 TO ALLOW
CONSTRUCTION OF A RESTAURANT AT 3025 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 a proper application (Design Review 90-
31) was filed on behalf of Pepper's requesting
approval of a full-service restaurant at 3025
E1 Camino Real, in the Tustin Market Place.
Bo
That an Environmental Impact Report (EIR 85-2
for the East Tustin Specific Plan) has been
certified, in conformance with the requirement
of the California Environmental' Quality
control Act, for the project area.
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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 proposed development
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
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Resolution No. 2851
Page 2
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
II. The Planning Commission hereby conditionally
approves Design Review 90-31 to allow construction
of a full-service restaurant located at 3025 E1
Camino Real in the Tustin Market Place subject to
the conditions contained in Exhibit A, attached
hereto.
PASSED AND ADOPTED by the Planning Commission of the City
of Tustin at a regular meeting held on the 13th day of
November, 1990.
K~THLEEN FITZ~TRI CK
Recording Secretary
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Resolution No. 2851
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN FITZPATRICK, the undersigned, hereby certify
that I am the Recording Secretary of the Planning
Commission of the City of Tustin, California; that
Resolution No. ~5/ was duly passed and adopted at a
regular meeting of the ~ustin Planning Commission, held
on the /~ day of ~~ , 1990 .
/-
K~THLEEN FITZPATRICK
Recording Secretary
EXHIBIT A
DESIGN REVIEW 90-31 CONDITIONS OF APPROVAL
RESOLUTION NO. 2851
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date-stamped November 13,
1990, 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. 13557.
(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, 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.
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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. 2851
Design Review 90-31
Page 2
(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)
(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)
De
A precise soils engineering report provided by a
soils engineer within the previous twelve (12)
months as determined by the Building Official.
(4) Z.Z Architectural plans submitted for plan check shall bear
(5) the approval of the project architect for the Tustin
Market Place.
SITE ]%ND BUILDING CONDITIONS
(4) 3.~ Prior to obtaining a Certificate of Occupancy for the
restaurant, the loading area adjacent, to the site shall
be installed.
(4) 3.Z 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 terra
cotta,medium and dark tans shown on the Planning
Commission approved "7-10-89 Color Board." Those colors
are: Number 2 (Color B - North Village Frazee #4353-M)
Number 3 (Color C -North Village Frazee #4354-D), and
Number 7 (Base Color - Jess's Brown).
(1) 3.4 Ail exterior 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 noted
on submitted construction plans and elevations shall
Exhibit A
Resolution No. 2851
Design Review 90-31
Page 3
indicate all colors and materials to be used. Building
shall have a "Stolit"-type textured acrylic finish on all
exposed wall surfaces (building, canopy, screen and
garden walls, 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.
(4) 3.9 Ail roof access shall be provided from the inside of the
building.
(4) 3.10 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.~2 Note on plans that outdoor storage shall be prohibited.
OPERATIONAL STANDARDS
(4) 4.1 A permit for on-site dancing and live musical
entertainment, as required by the Tustin City Code, shall
Exhibit A
Resolution No. 2851
Design Review 90-31
Page 4
be obtained from the License and Permit Board prior to
issuance of a Certificate of Occupancy by the Community
Development Department.
(4) 4.Z Authorization for the sale of alcoholic beverages
(5) is contingent upon the use of the subject premises
remaining a restaurant.
(4) 4.3 Ail persons serving alcoholic beverages shall be 18 years
(5) of age or older and shall be supervised by someone 21
years of age or older. A supervisor shall be present in
same area as point of sale.
(4) 4.4 Hours of sales of alcoholic beverages shall be
(5) limited to the hours when food is available.
(4) 4.5 The sales of alcoholic beverages for off-site
(5) consumption is prohibited, unless a Conditional Use
Permit authorizing such sales is approved by the Planning
Commission.
LANDSCAPING, GROUNDS AND HARDSCAPE 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. Said plans shall bear the
approval of the landscape architect for the Tustin Market
Place (POD).
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
Exhibit A
Resolution No. 2851
Design Review 90-31
Page 5
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.
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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) 5.3 Provide details for the outdoor dining area including
tables, chairs, umbrellas, benches, trash receptacles,
and "bus" stations. The design of these facilities may
include cast concrete, wood, or wire mesh, and shall be
consistent and compatible with the exterior design and
materials of the restaurant and other Market Place
improvements.
SIGNAGE
(4) 6.1 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
requirements of the Tustin City Code and Tustin Market
Place Sign Program, as revised (October 8, 1990).
Exhibit A
Resolution No. 2851
Design Review 90-31
Page 6
(4) 6.Z 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) 6.3 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.
6.4 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 building permits, all
underground piping for automatic fire extinguishing
systems shall be approved. Plans for an automatic fire
extinguishing system shall be approved by the Fire Chief.
These details shall include width, clear height, and
means of emergency vehicle over-ride.
7.3 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.
7.4 The building shall meet all requirements of the Uniform
Fire Code.
Exhibit A
Resolution No. 2851
Design Review 90-31
Page 7
(1)
(6)
NOISE
9.1 Ail requirements of the city's Noise Ordinance (Chapter
6 of the Municipal Code) shall be met at all times.
FEES
10.1 Prior to issuance of any permits, the applicant shall pay
the following fees:
A®
Be
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D,
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