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HomeMy WebLinkAboutPC RES 4220A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2013 -04 AUTHORIZING A RESTAURANT WITH DRIVE THROUGH AT 15121 NEWPORT AVENUE (R.D. OLSON DEVELOPMENT) WITHIN THE PACIFIC CENTER EAST SPECIFIC PLAN The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 2013 -04 was filed by R. D. Olson Development requesting approval to implement a restaurant with drive - through at 15121 Newport Avenue within the Pacific Center East Specific Plan. B. That the site is zoned as Planned Community Commercial (PC COM) and is within the Pacific Center East Specific Plan (SP 11); and designated as Planned Community Commercial /Business (PCCB) by the Tustin General Plan. C. That Pacific Center East Specific Plan Section 4.2.C.1.A authorizes the proposed restaurant with drive - through subject to Planning Commission consideration and approval of a Conditional Use Permit. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2013 -04 on April 23, 2013 before the Planning Commission. E. That the proposed project, as conditioned, is consistent with the Pacific Center East Specific Plan and Tustin City Code. F. That Conditional Use Permit 2013 -04 has been determined to satisfactorily comply with key Pacific Center East Specific Plan objectives, as identified in the April 23, 2013 staff report to the Planning Commission. G. That the establishment, maintenance or operation of Conditional Use Permit 2013 -04 (restaurant with drive - through) will not, under the circumstances of this particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of the proposed use, nor will the use be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City. H. That the project is Categorically Exempt pursuant to Section 15333 (Class Resolution No. 4220 Conditional Use Permit 2013-04 (Restaurant with Drive-Through) Page 2 32) and Section 15311 (Class 11) 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 2013-04 authorizing the implementation of a restaurant with drive through at 15121 Newport Avenue (R.D. Olson Development) within the Pacific Center East Specific Plan, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 23rd day of April, 2013. ,,,!§TEVCKOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Binsack, the undersigned, Commission Secretary of the City of Tustin, duly passed and adopted at a regular meeting on the 23rd day of April, 2013. ELIZABETH A. BINSACK Planning Commission Secretary hereby certify that I am the Planning California; that Resolution No. 4220 was of the Tustin Planning Commission, held (1) 1.1 The proposed project shall substantially conform to the submitted plans for the project date stamped April 23, 2013, provided as Attachment 1, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may approve subsequent minor modifications to all plans during plan check as well as any subsequent tenant - generated design improvements and modifications if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (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 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 2013 -04 is contingent upon the applicant and property owner signing and returning 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 revised, 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. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). EXHIBIT A RESOLUTION NO. 4220 CONDITIONAL USE PERMIT 2013 -04 STANDARD CONDITION RESTAURANT WITH DRIVE- THROUGH RESPONSIBLE AGENCY REQUIREMENT (R. D. OLSON DEVELOPMENT) (2) CONDITIONS OF APPROVAL (1) 1.1 The proposed project shall substantially conform to the submitted plans for the project date stamped April 23, 2013, provided as Attachment 1, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may approve subsequent minor modifications to all plans during plan check as well as any subsequent tenant - generated design improvements and modifications if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (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 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 2013 -04 is contingent upon the applicant and property owner signing and returning 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 revised, 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. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) CALIFORNIA BUILDING CODE /S (7) PC /CC POLICY (4) DESIGN REVIEW * ** EXCEPTION Exhibit A Resolution No. 4220 (Restaurant with Drive-Through) Page 2 (1) 1.6 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) 1.7 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. 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. CITY MANAGER'S OFFICE (1) 2.1 The proposed restaurant with drive-through use shall be consistent with the Disposition and Development Agreement (DDA) 2011-01, including the 1st and 2nd Amendments adopted by the Tustin City Council. COMMUNITY DEVELOPMENT (6) 3.1 Prior to permit issuance, the proposed landscape plans shall be revised to ensure the installation of dense landscaping along and in front of the proposed drive-aisle to ensure that waiting vehicles are mostly screened from view from the public right-of-way. (1) 3.2 The restaurant shall operate within all applicable State, County, and Tustin City Code provisions, including the City of Tustin Noise Ordinance. (1) 3.3 All litter shall be removed from the exterior areas around the premises including adjacent public sidewalk areas and parking areas, no less frequently than once each day that the business is open. (1) 3.4 If a traffic or queuing problem results from the proposed project or operational changes within the development, the applicant shall submit a new or revised traffic or queuing study prepared by a professional traffic engineer and perform or install interim and permanent mitigation measures as a result. This may include positioning an employee at the menu board, during peak hours or operation, with a wireless microphone and headset to take orders from vehicles in the drive-through lane. A new tenant utilizing the drive-through may be subject to providing a queuing study to verify the number of available drive-through queuing spaces is adequate for the new tenant. Exhibit A Resolution No. 4220 (Restaurant with Drive - Through) Page 3 (1) 3.5 Due to the commercial nature and use of the property, and the site's proximity to the SR -55 Freeway, the operating hours of the restaurant with drive - through shall not be limited. However, should complaints be received concerning late night or early morning noise associated with the restaurant or drive- through, the applicant shall be required to establish hours of operation that are acceptable to the Community Development Director. 1 :19114 !112 Los 91 LTJ 6111 • (1) 4.1 At the time of building permit application, the plans shall comply with the current edition of the codes (2010 California Building Standards Code, and 2011 Green Building Code), City Ordinances, State, Federal laws, and other regulations as adopted by the City Council of the City of Tustin. (1) 4.2 Prior to issuance of any permits, payment shall be made of all applicable fees. (1) 4.3 Within forty -eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a CASHIER'S MONOMER Nc4ycwIc w w1U vVUIILY v1CIR III ItIC dlllUU[IL UI Illty UU11afS (Zl)DV.UU) to enable the City to file the appropriate environmental documentation for the project. If within such forty -eight (48) hour period the 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. STREET IMPROVEMENT CONDITIONS (1) 5.1 The application shall comply with previously approved Design Review 2012- 001 and Conditional Use Permit 2012 -01 Conditions of Approval. (1) 5.2 All site drainage shall be retained on -site and shall not be permitted to drain onto the public right -of -way. (1) 5.3 The design and construction of onsite grading shall meet the requirements of the City of Tustin Grading Manual and the City of Tustin Department of Public Works Standard Drawing, including but, not limited to a 3:1 maximum slope for landscape from private property into public right -of -way. (1) 5.4 Prior to issuance of any permit, the applicant shall submit a revised Water Quality Management Plan (WQMP) reflecting the changes for review and approval. Exhibit A Resolution No. 4220 (Restaurant with Drive-Through) Page 4 (1) 5.5 The applicant shall submit revisions to the previously approved street improvement plan and precise grading plan reflecting the proposed changes including, but not limited to: radius of 35 feet curb ramps at the project entry and relocate the approved project entry median two (2) foot to the northeast. As part of the revision, the applicant shall submit a new legal description and plat reflecting the revised corner cutoffs dedication in fee title of the additional right-of-way to the City of Tustin, at no cost to the City. (1) 5.6 The applicant shall be responsible for one-third proportionate share of actual costs of design, installation, construction engineering, and inspection of a new traffic signal on Newport Avenue at the main entry to the R.D. Olson hotel project. The applicant's fair share contribution shall be submitted to the City of Tustin Public Works Department prior to issuance of Certificate of Occupancy. (1) 5.7 Prior to issuance of the first Tenant-improvement Permit, a traffic signal equipment and maintenance easement shall be dedicated to the City of Tustin, at no cost to the City, for maintenance of the traffic signal at the intersection of Newport Avenue and main entry to the R. D. Olson hotel project. The applicant shall submit legal descriptions and sketches of the easement area, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor, to the City of Tustin Public Works Department for review and approval. (1) 5.8 The applicant shall enter into a landscape maintenance agreement with the City of Tustin for maintenance of parkway improvements within public rights- of-way adjacent to the project site along Newport Avenue and Edinger Avenue (along the project frontage and the City of Tustin's property within Santa Ana between SR-55 Freeway and City of Tustin city boundary on Edinger Avenue) and the decorative pavers in the project entry. 6.1 Restaurant Drive-Through - Provide camera surveillance of the order board area for monitoring by employees. ORANGE COUNTY FIRE AUTHORITY 7.1 Please provide a PR 145 Fire Master Plan for the new building or a modified revision to the existing Fire Master Plan showing the new building configuration and its required details.