Loading...
HomeMy WebLinkAbout07 CUP 94-023 DR 94-030 10-2-95.ATE: OCTOBER 2, 1995 NO. 7 10-2-95 Inter-Corn TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: AMENDMENT TO CONDITIONAL USE PERMIT 94-023 AND ..i' DESIGN REVIEW 94-030 (McDONALD' S) RECOMMENDATION It is recommended that the City Council take the following actions: 1. Approve the Environmental Determination for the project by adopting Resolution No. 95-84; and · Amend Conditional Use Permit 94-023 & Design Review 94-030 by adopting Resolution No. 95-85. FISCAL IMPACT There are no fiscal impacts associated with this project, as this is an owner initiated project. The applicant has paid application fees to recover the cost of processing this application. BACKGROUND/DISCUSSION On September 18, 1995, the City Council reviewed a proposal modifying the conditions of approval related to the height of the screen-wall and earthen berm for the McDonald's restaurant. After holding a public hearing and discussing the issue, the City Council indicated that they would approve the modifications and directed staff to prepare the necessary resolutions. Based upon this direction, attached are two required resolutions needed to authorize the modifications to the wall and berm heights. A condition of approval has been included requiring the landscaping plan for the project to be modified to accurately reflect the height of the berm, the location of the turf and the additional three trees along Tustin Ranch Road side of the drive-thru lane which the applicant indicated would be planted based .upon the original landscape plan. City Council Report Amendment to CUP 94-023 and DR 94-030 October 2, 1995 Page 2 CONCLUSION The attached resolutions confirm the City Council's direction o.f September 18, 1995, to approve th~ proposed amendment to the conditions of approval related to the height of the screen wall and earthen berm for the McDonald's restaurant. It would therefore be appropriate to adopt Resolution Nos. 95-84 and 95-85 approving such modifications. Sara J~ Pasha~ides Associate Planner Attachments: Resolution Nos. 95-84 and 95-85 RESOLUTION NO. 95-84 6 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS- THE PROGRAM EIR. FOR AMENDMENT TO CONDITIONAL USE PERMIT 94-023 AND DESIGN REVIEW 94-030 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED' AS REQUIRED BY THE CALIFORNIA- ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tustin does hereby resolve as follows: I · The City Council finds and determines as follows: A® That amendment to ConditionaI Use Permit 94- 023 and Design Review 94-030 are considered "projects"- pursuant to the terms of the California Environmental Quality Act; and Be That the projects are covered by a previously- certified Final Environmental Impact Report for the East Tustin Specific Plan which serves as a Program EIR for the proposed project. II. The East Tustin Specific Plan Final Environmental Impact RePort (85-2) previously certified on March 17, 1986, and modified by subsequently adopted supplements'and addenda, was considered prior to approval of this project. The City council hereby finds: this project is within the scope of the East Tustin Specific Plan previously approved; the effects of this project, relating to grading, drainage, circulation, public services and utilities, were examined in the Program EIR. All feasible mitigation measures and alternatives developed in the Program EIR are incorporated into this project. The Final EIR is, therefore, determined to be adequate to serve as a Program EIR for this project and satisfies all requirements of the California Environmental Quality Act. Applicable mitigation measures identified in the Final EIR have been incorporated into this project which mitigates any potential significant environmental effects thereof. The mitigation measures are identified as Conditions of Approval on Exhibit A of City Council Resolution No. 95-85 approving Conditional Use Permit 94-023 and Design Review 94-030. 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Resolution No. 95-84. Page 2 pASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 2nd day of October, 1995. PAMELA STOKER CITY CLERK JIM POTTS MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS I, Pamela Stoker, City Clerk and ex-officio clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing ReSolution No. 95-84 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of October, 1995 by the following vote: ' COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK 28 1 RESOLUTION NO. 95-85 6 10 11 13 - 14 16 17 18 19 20 21 22 23 24 25 26 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 94-023 AND DESIGN REVIEW 94-030 MODIFYING THE HEIGHT OF THE SCREEN WALLS AND EARTHEN BERMS AROUND THE DRIVE-THRU FACILITY ON THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF TUSTIN RANCH ROAD AND BRYAN AVENUE ON LOT 1 OF TRACT 14610. The City Council of the City of Tustin does hereby resolve as follows: Ie 'The City Council finds and determines as follows: A® That proper applications for an amendment to Conditional Use Permit 94-023 and Design Review 94-030 were filed on behalf of McDonald's Corporation requesting to modify the height of the screen walls and earthen berms around the drive-thru facility on the property located at the southeast corner of Tustin Ranch Road and Bryan Avenue on Lot 1 of Tract 14610. Be That a public hearing was duly called, noticed and held on said applications on~vSeptember 18, 1995 by the City Council. Ce Pursuant to SeCtion 9272 of the Tustin Municipal Code, the Council finds that the location, size, architectural features and general appearance of the amendment to Design Review 94-030 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: ® · · Height, bulk and area of buildings. Setbacks and site planning. Exterior materials and colors. · Landscaping, Parking area design and traffic circulation. · Location, height and standards exterior illumination. of 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2¸4 25 26 27 28 Resolution No. 95-85 Page 2 6· · · Physical relationship of proposed structures to existing structures in the neighborhood. Appearance and design relationship of proposed structures to existing structures and possible fUture structures in the neighborhood and public thoroughfares. Development Guidelines and criteria as adopted by the City Council. De That establishment, maintenance, and operation of the amendment to the drive-thru facility 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, evidenced by the-following findings: E· F· ® On-site traffic concerns have generally been mitigated through the separation of the drive-through aisle from the on-site parking. · The project, as conditioned, would provide adequate screening around the drive-thru aisle through the use of earthen berms and masonry walls to ensure~ that vehicle movements and headlights do not visually impact the adjacent streets or surrounding properties. That the establishment, maintenance and operation of the amendment to the drive-thru facility 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 as stated above. That the project has been reviewed for consistency iwith the Air Quality Sub-Element of the City of Tustin General Plan and has been determined to be consistent or has been conditioned to be consistent with the Air Quality Sub-Element. 6 10 11 13 - 14 15 16 17 18 19 20 21 22 23 24 25 26 28 Resolution No. 95-85 Page 3 II. The City Council hereby approves amendment ,to Conditional Use Permit 94-023 and Design Reviews94- 030 modifying the height of the screen walls and earthen berms around the drive-thru facility on the property located at the southeast corner of Tustin Ranch Road and Bryan Avenue on Lot 1 of Tract 14610, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 2nd day of October, 1995. PAMELA STOKER CITY CLERK JIM POTTS MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is~five; that the above and foregoing Resolution No. 95-85 was dul~ passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of October, 1995, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Pamela Stoker City Clerk EXHIBIT A - CONDITIONS OF APPROVAL AMENDMENT TO CONDITIONAL USE PERMIT 94-023 AND DESIGN REVIEW 94-030 RESOLUTION NO. 95-85 GENERAL (1) 1.1 The perimeter screening for the project shall substantially conform with the submitted plans, for the project date-stamped October 2, 1995, on file with the Community Development Department, as herein modified., or as modified by the Director of Community DeveIopment 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. *** 1.3 The applicant shall submit all revised plans to the Community Development Department within 15 days of the date of this Exhibit and construction shall be completed within 15 days of 'approval of revised plans. (1) 1.4 Approval of Amendment to Conditional Use Permit 94-023 and Design Review 94-030 is contingent.upon the applicant and property owner'signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of the City's approval of the entitlement process for this project. (1) 1.6 ConditiOns 6.4 D, E, F and G in City Council Resolution 95-21 shall be eliminated in their entirety. Ail other conditions of approval of City Council Resolution No. 95- 21 shall remain in full force and effect unless modified by this action. 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. 95-85 Amendment to CUP 94-023 and DR 94-030 Page 2 PLAN SUBMITTAL (1) 2.1 The applicant shall submit three (3) sets of revised *** construction and landscaping plans to the Bu_ilding Division accurately showing the revisions to the screen wall, earthen berms and plantings as shown on the approved revised plans referenced in Condition 1.1 above and shall include the following: a. The addition of a matching wall cap along the entire length of screen wall existing on-site as of October 2, 1995. FEEs Ail trees along Tustin Ranch Road and Bryan Avenue shall be planted consistent with the original approved landscaping plans for the project. No modifications to the number, location or size of trees shall be approved as part of this amendment. The revised landscape plans, shall be modified to identify two (15 gallon) additional eucalyptus trees and one 24-inch box canary island pine tree along Tustin Ranch Road as approved on the original landscape plans for the project. (1) 3.1 Prior to ~issuance of any permits, payment shall be made of all applicable plan check and permit fees to the Community Development Department, based on the most current schedule, as may be amended prior to permit issuance. (1) 3.2 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $25..00 (twenty-five dollars) to enable the City to file the appropriate -environmental documentation for the project. If within such forty-eight (48) hour period that 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.