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HomeMy WebLinkAboutPC RES 25991 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2599 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA APPROVING USE PERMIT 89-14 AUTHORIZING THE CONSTRUCTION OF A DRIVE-UP WINDOW AT AN EXISTING 1,950 SQUARE FOOT FAST FOOD RESTAURANT LOCATED AT 14551 NEWPORT AVENUE. The Planning Commission of the City of Tustin does hereby resolve as fol lows: I. The Planning Commission finds and determines as follows: A. That a proper application, (Use Permit No. 89-14) has been filed on behalf of Omega #8 (Minos Xilikakis) to request authorization to construct a drive-up window at an existing 1,950 square foot fast food restaurant located at 14551 Newport Avenue. B. That a public hearing was duly called, noticed and held on said application on May 8, 1989. C. That establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the heal th, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, evidenced by the following findings: 1. The use applied for is in conformance with the Tustin General Plan. 2. The site is located in the C-1 District. 3. The use applied for is a conditionally permitted use in the C-1 District. e 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 residential properties. 5. The project satisfies the City's Parking and Landscaping Standards. 6. On-site traffic concerns have been mitigated through the location and design of the drive-up window and aisle. D. 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. 1 2 3 4 5 6 8 9 10 12' 13 15 IG 17 18 21 Resolution No. 2599 page two II. E · 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 Fi re Marshal and street improvement requirements as administered by the City Engineer. F. This project is Categorically Exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 e.1 (Class 1). The Planning Commission hereby approves Conditional Use Permit No. 89-14 to authorize the construction of a drive-up window at an existing 1,950 square foot fast food restaurant located at 14551 Newport Avenue subject to the conditions contained in the attached Exhi bi t A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 8th day of May, 1989. 23 EXHIBIT A CONDITIONS OF APPROVAL USE PERMIT 89-14 RESOLUTION NO. 2599 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 8, 1989 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. .iL1) 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 Use Permit approval shall become null and void unless building permits are issued within eighteen {18) months of the date on this Exhibit. * 1.4 No outdoor seating, storage or operations shall be permitted. (1) 1.5 Approval of Use Permit 89-14 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (3) 1.6 Parking shall be maintained at a ratio of 1 parking space per 3 seats. 1.7 The project's remote loudspeaker shall comply with the Tustin Noise Ordinance at all times. Maximum noise levels for the use shall not exceed 60 dB(A) at any time, pursuant to Section 4614(a) of the Tustin City Code. 1.8 The hours of operation of the drive-thru window shall be limited to 7:00 a.m. to 10:00 p.m. Saturday through Thursday and 7:00 a.m. to 11:00 p.m. on Friday. * 1.9 The applicant shall post a sign{s) adjacent to the drive-aisle instructing drivers not to idle their engines while in line. Said sign shall be reviewed and approved by the Community Development Department prior to installation. 5) 1.10 The applicant shall install a "Do Not Enter" sign at the project's exit driveway. 2. PLAN SUI31~ II-FAL 2.1 At building plan check submittal: (3) A. Construction plans, structural calculations, and Title 24 energy calculations. Requirements of the Unifonm Building Code, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. SOURCE CODES (1) STANDARD CONDITION (2) UNIFORM BUILDING CODE/S (3) DESIGN REVIEW * EXCEPTION (5) RESPONSIBLE AGENCY (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Page two (3) B. Preliminary technical detail and plans for utility installations including, telephone, gas, and/or 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. Undergrounding of all utilities is required. C. The project's remote loudspeaker shall be oriented so as not to impact the adjacent residential property, subject to the approval of the Community Development Department. De Information, plans and/or sper. ifications to ensure satisfaction of all Public Works Department requirements including but not limited to: 1. Construction or replacement of all missing or damaged public improvements adjacent to this development will be required and shall include but not be limited to the following: a) Curb and gutter b ) Si dewa 1 k c) Drive aprons 2. A separate 24" x 36" street improvement plan will be required with all new construction items referenced to the applicable City Standard Drawing Number. 3. The Engineering Division does not have a record of payment of the Sewer Fees for this development. Proof of previous payment shall be supplied to the Engineering Division or payment of the Orange County Sanitation District No. 7 Sewer Connection Fees will be required prior to issuance of a building permit. 4. The Monument Sign and Do Not Enter Sign shall be located 5 feet behind the right-of-way line. SITE AND BUILDING CONDITIONS (3) 3.1 The site plan shall be modified as follows: A. The landscaped planter area in front of the restaurant shall be expanded to include the area adjacent to the front of parking space #6. B. Landscaped planter fingers shall be located within the areas between parking spaces 13 and 14; and 15 and 16 so as to fill in unused space, discourage unauthorized parallel parking, and provide parking space boundaries. Exhibit A Resolution No. 2599 Page three LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (5) 4.1 Submit at plan check complete detailed landscaping and irrigation plans for .... all landscaping areas consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements. Provide summary table applying indexing identification to plant materials in their actual location. The plan and table must list botantical 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, pipe size, sprinkler type, spacing and coverage. Details for all equipment must 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 materials during plan check. Note on landscaping plan that coverage of landscaping irrigation materials is subject to fi eld inspection at project completion by the Department of Community Development. (5) 4.2 The submitted landscaping plans at plan check must reflect the following requirements: A. Turf is unacceptable for grades over 25%. A combination of planting materials must be used, ground cover on large areas alone is not acceptable. B. Provide a minimum of one 15 gallon size tree for every 30 feet of property line on the property perimeter and five 5 gallon shrubs. Ce Provide one 15 gallon tree for each 5 parking spaces within an open parking area. D. Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 5 feet on center when intended as screen planning. E. Ground cover shall be planted between 8 to 12 inches on center. Fe When I gallon plant sizes are used the spacing may vary according to materials used. Ge Up along fences and/or walls and equipment areas, provide landscaping screening with shrubs and/or vines and trees on plan check drawings. H. 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 triming, mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of diseased or dead plants. Exhibit A Resolution No. 2599 Page four (5) 4.3 A complete, detailed project sign program including design, location, sizes, colors, and materials shall be submitted for review and approval by the Department of Community Development. The sign program shall include project identification, addressing and directional signs to direct autos to proper access, parking and loading. The program shall al so provide for signage, to encourage drivers not to idle their engines while in line to the drive-up window. (5) 4.4 Indicate lighting scheme for project, note locations of all exterior lights and types of fixtures, lights to be installed on building shall be a decorative design. No lights shall be permitted which may create any glare or have a negative impact on adjoining properties. The location and types of lighting shall be subject to the approval of the Director of Community Development. EH:pef STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the _Plaffnjng Commission of the City of Tustin, California; that Resolution No. ~}~S~/ was duly passed add .adopted at a regular meeting of the Tustin Planning Commission, held on the d~ day of ~ . 198 .d~. Recordi OnLgE~ec ~~retary ~y ..