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HomeMy WebLinkAboutPC RES 4267RESOLUTION NO. 4267 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2014 -06 AND DESIGN REVIEW 2014 -03 AUTHORIZING THE CONSTRUCTION AND OPERATION OF A 3,053 SQUARE TOOT RESTAURANT (MIGUEL'S JR.) WITH A DRIVE -THRU FACILITY AND ASSOCIATED DRIVE -THRU SIGNAGE LOCATED AT 2855 EL CAMINO REAL WITHIN THE TUSTIN MARKET PLACE SHOPPING CENTER. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 2014 -06 and Design Review 2014 -03 was filed by Pirzadeh & Associates, Inc. on behalf of Irvine Company Real Properties requesting authorization to construct and operate a 3,053 square foot restaurant (Miguel's Jr.) with a drive -thru facility and associated drive -thru signage located 2855 El Camino Real within the Tustin Market Place shopping center. B. That the property is zoned Planned Community Mixed (PC -MU) in the East Tustin Specific Plan (ETSP) and has a land use designation by the General Plan of Planned Community Commercial /Business which provides for a variety of retail and service commercial uses including restaurant uses. The project is consistent with the Air Quality Sub - element of the City of Tustin General Plan. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2014 -06 and Design Review 2014 -03 on September 23, 20141 by the Planning Commission. E. That the establishment, maintenance, and operation of the proposed use 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, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1. Pursuant to Sections 3.8.2.A. and 3.7.2.A.2.g. of the East Tustin Specific Plan, restaurants with drive -thru service are permitted subject to the approval of a conditional use permit. 2. As proposed, the drive -thru lane provides queuing capacity for approximately ten (10) vehicles whereas the minimum requirement of the Tustin City Code is seven (T) vehicles. 3. The parking lot area will be reconfigured to improve circulation for Resolution No. 4267 Page 2 3. The parking lot area will be reconfigured to improve circulation for the proposed restaurant with drive-thru facility. In addition, wayfinding signage will be strategically placed within the parking lot area to provide ease of navigation to the drive-thru. 4. No impact to neighboring residential uses is anticipated as the Tustin Market Place is a self-contained shopping center which does not provide storefronts or parking adjacent to residential uses. The proposed restaurant with drive-thru service is located centrally in the interior of the Tustin Market Place and away from existing nearby residential uses. 5. Parking for the proposed use can be accommodated as there is a surplus of 700 parking stalls in the Tustin Market Place shopping center. F. That the location, size, and general appearance of the proposed project as conditioned is compatible with the surrounding area in that the scale and massing of the proposed building is consistent with other pad tenants within the Tustin Market Place. In addition, the architectural design, features, and color palette are consistent with other buildings within the Market Place. The proposal 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 Planning Commission has considered at least the following items: 1. Height, bulk, and area of proposed structure. 2. Setbacks and site planning. 3. Exterior material and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. 6. Towers and roof structures. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. 9. Location and appearance of equipment located outside of an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structure to existing structures. 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. Resolution No. 4267 Page 3 G. This project is Categorically Exempt pursuant to Section 15303 (Class 3) 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 2014 -06 and Design Review 2014 -03 authorizing the construction and operation of a 3,053 square foot restaurant (Miguel's Jr.) with a drive -thru facility and associated signage located 2855 El Camino Real within the Tustin Market Place shopping center, 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 on the 23rd day of September, 2014. JE . TH MPSO Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4267 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of September, 2014. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary Altowaij i, Kozak., Lumbard, Smith, Thompson (5) EXHIBIT A RESOLUTION NO. 4267 CONDITIONAL USE PERMIT 2014-06 AND DESIGN REVIEW 2014-03 CONDITIONS OF APPROVAL LO 4 (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 23, 2014, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within one (1) year 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) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 2014-06 and Design Review 2014-03 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 t County Clerk-Recorder a 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 issuance of an administrative citation pursuant to TCC 1162(a). (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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW EXCEPTIONS Exhibit A Resolution No. 4267 Page 2 (1) 1.7 Conditional Use Permit 2014-06 and Design Review 2014-03 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance Conditional Use Permit 2014-06 and Design Review 2014-03, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.8 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis, traffic or queuing study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: (a) Adjust hours of operation. (b) Provide additional queuing space. (c) Adjust ordering procedures (d) Provide additional parking. (1) 1.9 As a condition of approval of Conditional Use Permit 2014-06 and Design Review 2014-03 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. ( * * *) 1.10 Conditional Use Permit 2014-06 and Design Review 2014-03 shall be invalid if Development Agreement (DA) 2014-001 to modify the East Tustin Development Agreement to convert up to 23,445 square feet of the former Edwards Movie Theater located at 2982-3030 El Camino Real to a Exhibit A Resolution No. 4267 Page 3 Community Facility and transfer development rights to other potential development within the Tustin Market Place is not approved by the Tustin City Council. No permits will be issued for the project prior to City Council approval of DA 2014-001. DESIGN REVIEW (1) 2.1 All roof access shall be provided from the inside of the building. (1) 2.2 No exterior downspouts shall be permitted. All roof drainage shall utilize interior piping and may have exterior outlets into landscaped areas at the base of the building. Any roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. (1) 2.3 All exposed metal flashing or trim shall be painted to match the building. (1) 2.4 All rooftop mounted equipment shall be installed at a minimum height of six (6) inches below the top of the parapet so as not to be visible from the public right-of-way. (1) 2.5 Utility meters located outside of the building shall be screened with landscaping to the greatest extent possible. (1) 2.6 All plant materials shall be installed in a healthy and vigorous condition typical to the species. Landscaping shall be maintained in a neat and healthy condition, which includes, but is not limited to trimming, mowing, weeding, litter removal, fertilizing, regular watering, and replacement of diseased or dead plants. (1) 2.7 Backflow devices and double detector checks shall be painted to match surrounding landscaping when in planters or painted to match the building when located adjacent to. Landscaping shall be utilized to screen the devices where possible. (4) 2.8 Menu board, order board, and directional signage shall be installed in accordance with the plans. Informational signage shall be designed and placed to facilitate ease of ordering and navigation of the parking lot area. Changes to the informational signage due to necessity, brand recognition, or technological advancements shall be approved by the Community Development Director. (1) 2.9 All utilities shall be installed underground. (1) 2.10 All signs shall comply with the Tustin Market Place master sign plan. Exhibit A Resolution No. 4267 Page 4 USE RESTRICTIONS * * *) 3.1 During peak hours of operation, the applicant may position an employee at the menu board with a wireless microphone and headset to take orders from vehicles in the drive-through lane. Employees with or without wireless headsets may not take orders from any vehicle not in the drive- thru lane. (1) 3.2 All activities shall comply with the City's Noise Ordinance. The speaker board shall be equipped with a volume limiter/adjuster so that it will not exceed the Tustin Noise Ordinance. (1) 3.3 No change or alteration of the tenant space shall occur without prior approval of the Community Development Director. Major modifications to the floor area, services, and/or operation of the business may require consideration of a new conditional use permit. (1) 3.4 No outdoor storage shall be permitted except as approved by the Community Development Director. (1) 4.1 Prior to issuance of any permits, the applicant shall record a ",Covenant and Agreement Regan rding 0 & M 'Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification", with the County Clerk-Recorder. These documents shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. (1) 4.2 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 4.3 Prior to issuance of a Building Permit(s), payment of the most current Major Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City of Tustin (through the Public Works Department) shall be required. The fee rate schedule automatically increases on July 1st of each year. (1) 4.4 Prior to issuance of a Building Permit(s), the applicant shall provide written approval of sanitary sewer, reclaimed water and/or domestic water service connections, as applicable, from Irvine Ranch Water District (IRWD). (1) 4.5 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). Exhibit A Resolution No. 4267 Page 5 A. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50% of the project waste material. B. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed 5% of the project's valuation. C. Prior to issuance of a permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". ORANGE COUNTY FIRE AUTHORITY (5) 5.1 Plan Submittal: The applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority for review. Approval shall be obtained on each plan prior to the event specified. • Fire Master Plan (service code PR145)- The Fire Master Plan has been submitted, reviewed and approved by OCFA. This plan approval is for access, hydrants and fire lanes only. It will be determined on the Architectural review if fire sprinklers will be required in this structure. Prior to issuance of a building permit: • Architectural (service codes PR200-PR2,85)- The architectural review will determine the maximum occupant load for the structure. If it is determined that 100 or more occupants can occupy the structure fire sprinklers will required throughout the structure. • Underground piping for private hydrants and fire sprinkler systems (service code PR470-PR475) if required • Fire sprinkler system (service codes PR400-PR465), if required by code or installed voluntarily Prior to concealing interior construction: • Sprinkler monitoring system (service code PR500) • Hood and duct extinguishing system (service code PR335) Exhibit A Resolution No. 4267 Page 6 FEES (2) 6.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) 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.