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RESOLUTION NO. 2709
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF TUSTIN, CALIFORNIA,
CONDITIONALLY APPROVING DESIGN REVIEW 89-
48 AND CONDITIONAL USE PERMIT 89-41
AUTHORIZING CONSTRUCTION OF A 3,148
SQUARE FOOT IN-N-OUT BURGER FAST FOOD
RESTAURANT WITH A DRIVE-THRU WINDOW AT
2992 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:
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That proper applications (Design Review 89-48 and
Conditional Use Permit 89-41) were filed on behalf
of In-N-Out Burger, Inc. requesting approval of a
3,148 square foot fast food restaurant with a
drive-thru window 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 November 27, 1989.
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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.
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Towers, chimneys, roof structures, flagpoles,
radio and television antennae.
·
Landscaping, parking area design and traffic
circulation.
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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 propose
structures to existing structures and possib2
future structures in the neighborhood ar
public thoroughfares.
13. Proposed signing.
14. Development Guidelines and criteria as adopted
by the City Council.
That the establishment, maintenance, and operation
of the drive-thru window will not, under the
circumstances of this case, be detrimental to the
health, safety, morals, comfort, or general welfare
of the persons resi~ing or working, in the
neighborhood of such proposed use, evidenced by the
following findings:
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The. use applied for is in conformance with the
East Tustin Specific Plan.
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The site is located in the Mixed Use Land U:3e
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 a=
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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The project satisfies the East Tustin Specific
Plan Parking Standards.
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Resolution No. 2709
Page 3
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On-site traffic concerns have been mitigated
through the location and design of the drive-
up windows and aisle.
E·
That the establishment, maintenance, and operation
of the use applied for 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, and should
be granted.
F·
Proposed development shall be in accordance with
the development policies adopted by the City
Council, Uniform Building Codes as administered by
the Building Official, Fire Code as administered by
the Orange County Fire Marshall and street
improvement 'requirements as administered by the
City Engineer. '
II. The Planning Commission hereby conditionally approves
Design Review 89-48 and Conditional Use Permit 89-41,
authorizing construction of a 3,148 square foot fast
food restaurant with a drive-thru window 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 27th day of November, 1989.
Secretary
vLkSLIE ANdrE PONTIOUS,
Chairman
EX~IBIT A
DESIGN REVIEW 89-48 AND CONDITIONAL USE PERMIT 89-41
CONDITIONS OF APPROVAL
RESOLUTION NO. 2?09
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped November 1,
1989 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) 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 and conditional dse permit 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.
(5) 1.4 Written approval of the.Orange County Health Department
approval is required prior to issuance of any 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.
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
Resolution No. 2709
Page 2
(2) B.
(3)
(2) C.
(3)
(2) D.
(3)
(2) E.
(5)
(5) l)
(5) 2)
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.
Final grading and specifications consistent with the
site plan and landscaping plans and prepared by a
registered civil engineer for approval of the
Community Development Department.
A precise soils engineering report provided by a
soils engineer within -the previous twelve (12)
months as determined by the Building Official.
Information to ensure compliance with all
requirements of the Orange County Fire Chief
including required fireflow and installation, where
required, of fire hydrants subject to approval of
the Fire Department, City of Tustin Public Works
Department and Irvine Ranch Water District and
compliance with all requirements pertaining to
construction as follows:
A hood and duct fire extinguishing system is
required over cooking areas in addition to required
fire sprinklers.
Prior to 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 shall be in place and operational to meet
fire-flow prior to commencing construction with
combustible materials.
2.2 Architectural plans shall not be submitted for plan check
unless accompanied by a letter approving proposed design
by the project architect.
Exhibit A
Resolution No. 2709
Page 3
SITE AND BUILDING CONDITIONS
3.1 The site plan shall be modified as follows:
(4) A.
(4) B.
(4) C.
Provide a parking tally noting 37 spaces required
for this use. Said tally shall address the entire
Tustin Market Place including all tenancies to date,
inclusive of the proposed In-N-Out Burger facility,
their floor area and required available parking.
The trash enclosure shall be constructed
simultaneously with the subject restaurant and shall
be completed prior to issuance of a Certificate of
Occupancy. Said enclosure-shall be built with solid
concrete block walls, have a stolit texture coat,
solid metal gates and be painted to match the
subject restaurant building. Said enclosure shall
be screened from E1 Cami~o Real via berming and.
landscaping.
"Yield" signs shall be incorporated into the exit
sign for the drive-thru lane. The design of all
directory signs shall be consistent and compatible
with the center's directional traffic signs.
3.2 Modify building elevations and proposed exterior
materials as follows:
ao
Provide exact details for exterior doors and window
types on construction plans. Door and windows shall
be consistent with design for Tustin Market Place.
B.
The base color for this building shall be either the
medium or dark tan, .numbers 2 or 3, as shown on the
Planning C~mmission approved "7-10-89 Color Board".
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The accent color for this building shall be the
originally approved, dark purple as shown on the "7-
10-89 Color Board".
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Provide 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
project lighting.
Exhibit A
Resolution No. 2709
Page 4
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Ail exposed metal flashing or trim shall be painted
to match the building.
(1) 3.3 Ail exterior colors to be used shall be subject to review
(4) and 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
indicate all colors and materials to be used. Building
shall have a stolit texture finish on all exposed wall
surfaces (building, canopy, walls, etc.)
(1) 3.4 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) 3.5 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
shall be an integral part of the building design, as
shown on plans dated 11/1/89, and shall screen all roof
mounted equipment.
(4) 3.6 Ail roof access shall be provided from the inside of the
building.
(4) 3.7 No exterior downspouts shall be permitted; all roof
drainage shall utilize interior piping, but may have
exterior outlets at base of building.
(4) 3.8 Gas and electric meters shall either be enclosing in the
building or boxed behind a screen wall designed
consistent with the main building.
(4) 3.9 The speaker box at the drive-thru lane shall not exceed
60 dB(a) measured at property lines. Provide
manufacturer specifications to verify compliance.
(4) 3.10 Outdoor storage shall be prohibited.
Exhibit A
Resolution No. 2709
Page 5
LANDSCAPING, GROUNDS ~ H~RDSCAPE 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 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
landscaping and irrigation materials is subject to field
inspection at project completion by the Department of
Community Development.
(7) 4.2 The submitted landscaping plans at plan check shall
reflect the following requirements:
ao
Shrubs shall be a minimum of 5 gallon size and shall
be spaced a minimum of 8 feet on center when
intended as screen planning.
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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.
Exhibit A
Resolution No. 2709
Page 6
(4)
(4)
(4)
(4)
Do
All'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.
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Provide additional trees on site to break-up blank
wall areas. Also incorporate greater variety in
tree palette, such as more than one type of palm.
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Shrubs shall be installed between 4' high light
bollards around perimeter of outside patio area
adjacent to landscaped areas and shall be designed
to be groomed as a minimum 30" h~gh hedge.
4.3 Provide samples for brick pavers to be used in the
outdoor patio. Such pavers shall be consistent in color
and material with the main building.
4.4 Provide details for all patio facilities including tables
(with benches) and trash receptacles. The design of
these facilities may include cast concrete or wire mesh,
and shall be consistent and compatible with the design
and materials of the main building and other Market Place
improvements.
SIGNAGE
5.1 Applicant shall submit detailed plans for business
identification signage, menu board, and entry/exit signs
for drive-thru lane, consistent with the size, copy and
location shown on the approved plans date stamped
11/1/89. Said plans shall address materials, colors,
illumination and mounting, and shall comply with all
applicable requirements of the Tustin Market Place Sign
Program, as revised.
5.2 Ail directional signs for this project shall be designed
consistent with such signage used elsewhere in the Tustin
Market Place, including entry, exit, yield and handicap
signs.
Exhibit A
Resolution No. 2709
Page 7
FEES
(6)
SR: kbc
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.
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. ~.c~ was duly passed and adopted at a .regular meeting of
the Tustin Planning Commission, held on the ~?~x_ day of ~_~x~~
.
~_~ ' ~~.
PENNI FOLEY
Recording Secretary