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HomeMy WebLinkAboutCC RES 15-63 RESOLUTION NO. 15-63 A RESOLUTION OF THE TUSTIN CITY COUNCIL APPROVING CONDITIONAL USE PERMIT 2015-15 ALLOWING THE ESTABLISHMENT OF A RESTAURANT WITH DRIVE-THRU USE LOCATED AT 15040 KENSINGTON PARK DRIVE (ALTERNATIVE OPTION - BUILDING I) IN ASSOCIATION WITH THE VILLAGE AT TUSTIN LEGACY DEVELOPMENT The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That proper application has been submitted by 1C Tustin Legacy LLC (Regency Centers) for the development of a 248,292 square foot commercial center on approximately 22.7-acre site currently owned by the City of Tustin within Planning Area 7 of the MCAS Tustin Specific plan. B. That the development application includes a request to establish a restaurant with drive-thru use in a proposed 4,500 square-foot commercial building located on Parcel 7 of TPM 2015-127, with a future address of 15040 Kensington Park Drive. C. That the site is zoned as MCAS Tustin Specific Plan (SP-1) within Planning Area 7 of Neighborhood B; and designated as MCAS Tustin Specific Plan by the Tustin General Plan. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub- element. D. Pursuant to MCAS Tustin Specific Plan Section 3.4.4A, the proposed restaurant with drive-thru use is a conditionally permitted use within the MCAS Tustin Specific Plan Planning Area 7. E. That a public hearing was duly called, noticed, and held on said application on August 25, 2015, by the Planning Commission. Following the public hearing, the Planning Commission adopted Planning Commission Resolution Nos. 4285 and 4290 recommending that the City Council approve the proposed project. F. That a public hearing was duly called, noticed, and held on said application on September 15, 2015, by the City Council and that the City Council continued the item to October 20, 2015. Resolution No. 15-63 Page 1 of 8 G. That the proposed use is consistent with the Tustin General Plan Land Use Element including the following City goals and policies for the long- term growth, development, and revitalization of Tustin, including the MCAS Tustin Specific Plan area: 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Promote economic expansion and diversification. 4. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master-planned development. H. 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; 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, the occupancy thereof, or the community as a whole of the City of Tustin in that: 1. The proposed use is conditionally permitted within MCAS Tustin Specific Plan Planning Area 7. 2. As conditioned, intercom speaker boxes for the drive-thru lanes has been required to be oriented away from residential uses to the greatest extent possible and be equipped with a volume limiter/adjuster so that it will not exceed the Tustin Noise Ordinance. 3. As proposed, wayfinding signage will be strategically placed within the parking lot area to provide ease of navigation to the drive-thru. 4. As conditioned, the drive-thru lane provides queuing capacity for approximately ten (10) vehicles whereas the minimum requirement of the Tustin City Code is seven (7) vehicles. 5. Adequate number of parking spaces will be provided to accommodate various uses within the center. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the Resolution No. 15-63 Page 2 of 8 City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin An Environmental Checklist (Resolution No. 15-57) has been prepared and concluded that these actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. II. The City Council hereby approves Conditional Use Permit 2015-15 approving the establishment of a commercial drive-thru use subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 20th day of October, 2015. CHARLES E. PUCKETT, Mayor ATTEST: ERICA N. RABE, City Clerk Resolution No. 15-63 Page 3 of 8 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Rabe, 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 is five; that the above and foregoing Resolution No. 15-63 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 20th day of October 2015 by the following vote: COUNCILPERSONS AYES: Puckett, Murray, Bernstein (3) COUNCILPERSONS NOES: None (0) COUNCILPERSONS ABSTAINED: Gomez, Nielsen (2) COUNCILPERSONS ABSENT: None (0) I ERICA N. RABE, City Clerk Resolution No. 15-63 Page 4 of 8 C 0 EXHIBIT A RESOLUTION NO. 15-63 CONDITIONAL USE PERMIT 2015-15 COMMERCIAL DRIVE-THRU ALTERNATIVE OPTION - BUILDING 1, PARCEL 7 OF TPM 2015-127 15190 KENSINGTON PARK DRIVE CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 20, 2015, 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) years of the date of this Exhibit unless a longer period is authorized by Development Agreement 2015-001. 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 specked, 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 CUP 2015-15 is contingent upon the applicant 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 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). SOURCE CODES (1) STANDARD CONDITION (2) CEOA MITIGATION (3) BUILDING CODE (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY REG (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY * EXCEPTION (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 As a condition of approval of CUP 2015-15, 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) 1.8 CUP 2015-15 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 with CUP 2015-15, 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. *** 1.9 Building design and site layout shall comply with the requirements of Resolution No. 15-58. Any modification to the building design or site layout shall be reviewed and approved by the Community Development Director. USE RESTRICTIONS *** 2.1 The approved use shall be limited to a restaurant with drive-thru. Any change to the use shall be reviewed and approved by the Community Development Director. *** 2.2 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 0 2.3 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) 2.4 Intercom speaker boxes for the drive-thru lanes shall meet the requirements of the Noise Ordinance. The speaker board shall be oriented away from residential uses to the greatest extent possible and should be equipped with a volume limiter/adjuster so that it will not exceed the Tustin Noise Ordinance. (1) 2.5 The applicant shall obtain appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site. The sale of alcoholic beverages within the restaurant shall be limited to the hours when food is available. Purchase of alcoholic beverages via the drive-thru window is not allowed. (1) 2.6 The restaurant business shall close by 11:00 p.m., Monday through Thursday, and by 12:00 a.m. (midnight), Friday through Sunday. The restaurant hours of operation shall be conducted in a manner that does not create a public or private nuisance and shall be consistent with other uses within the center. Any nuisance shall be abated immediately upon notice by the City of Tustin. Restaurant business hours shall be reviewed and approved by the Community Development Director. (1) 2.7 Adequate landscaping shall be installed to adequately screen the drive- thru lane to minimize the visual impact of vehicles in the drive-thru queue. (1) 2.8 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. FEES (1) 3.1 Within forty-eight (48) hours of final approval of the 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 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. C 0