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HomeMy WebLinkAboutZAA 15-012ZONING ADMINISTRATOR ACTION 15-012 CONDITIONAL USE PERMIT 2015-31 2452 BRYAN AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: 1. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2015-31 was filed by Kevin McAuley of McDonald's Corporation, requesting authorization to amend conditions of approval for CUP 94-023 and DR 94- 030 to allow the remodel of an existing single -lane drive-through into a double -lane (SBS) drive -,through at 2452 Bryan Avenue, and to revise Condition 3.1 and 3.5 of City Council Resolution No. 95-21 to modify hours of operation. B. That the proposed land use is consistent with the Tustin City Code and General Plan. The site is zoned Planned Community Mixed Use (PCMU) and is established as a restaurant with drive-through service. The land use is designated by the General Plan as Planned Community Commercial/Business (PCCB), which allows for a mix of commercial uses. The project is consistent with the Air Quality Sub -element of the City of Tustin General Plan. C. Section 9299b(4)(d) of the Tustin City Code authorizes the Zoning Administrator to consider requests for amendments to conditions of approval established by the Planning Commission or City Council. The proposed project meets all criteria to merit Zoning Administrator review of Conditional Use Permit 2015-31. D. That a public hearing was duly called, noticed, and held for CUP 2015-31 on January 25, 2016, by the Zoning Administrator. 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: 1) Pursuant to Section 9299b4(d) of the Tustin City Code, the Zoning Administrator may approve an amendment to conditions of approval established by Planning Commission or City Council if it can be determined by the Community Development Director that the amendment to be minor in nature and will not alter the original intent of the project or site. Zoning Administrator Action 15-012 Conditional Use Permit 2015-31 Page 2 2) The revision of Condition 3.1 and 3.5 of Resolution No. 95-21 and remodel of the existing drive-through lane are similar to other fast-food business operations. 3) The restaurant building and capacity will remain the same. Therefore, no additional parking stalls are required. In addition, parking for the proposed use can be accommodated as there is a surplus of 27 parking stalls within the project site. 4) The proposed hours of operation are consistent with other fast-food restaurant uses within the Market Place shopping center. 5) As conditioned, CUP 201.5-31 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with CUP 2015-31 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts, including reverting modified hours back to those of the original approval, or may initiate proceedings to revoke the CUP. F. This project is Categorically Exempt pursuant .to Section 15301 (Class 1 -- Existing Facilities) of Title 14, Chapter 3 of the Guidelines for the California Environmental Quality Act. ll. The Zoning Administrator hereby approves Conditional Use Permit 2015-31 to amend conditions of approval for CUP 94-023 and DR 94-030 to allow the remodel of an existing single -lane drive-through into a double -lane (SBS) drive- through and revise hours of operation at 2452 Bryan Avenue, subject to conditions attached hereto. Zoning Administrator Action 15-012 Condftionai Use Permit 2015-31 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a reigul meeting held on the 2�5 1h day �f January, 2016. 1 ELIZABETH A. BIN SACK ZONING ADMINISTRATOR I WONEK01 Sol 10H 09MIX01 001:0 Ifn In M STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Vera Tiscareno, the undersigned, hereby certify that I am the Zoning Administratrm Secretary of the City of Tustin, California; that Zoning Administrator Action 15-012 w d'u,ly passed and adopted at a regular meeting of the Tustin Zoning Administrator, hel on the 25iday of January, 2016. 1 VERXtiARffqb�"- RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2015-31 2452 BRYAN AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 25, 2016, 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 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) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted 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 2015-31 are 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 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). (1) 1.6 As a condition of approval of Conditional Use Permit 2015-31, 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 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 Zoning Administrator Action 15-012 Conditional Use Permit 2015-31 Exhibit A Page 2 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 the defense of any such action under this condition. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 Conditional Use Permit 2015-31 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with the conditions of approval or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. PLANNING DIVISION (1) 2.1 Unless revised by ZAA 15-012, all conditions of approval for CUP 94-24 and DR 94-30 shall remain valid. (1) 2.2 At plan check, project shall demonstrate compliance with the Water Efficient Landscape Ordinance. (1) 2.3 Landscape hedges shall be provided along the west side of the drive- through aisle adjacent to Tustin Ranch Road to provide adequate screening above elevation of the drive-through lane as previously conditioned by CUP 94-024 and DR 94-030. (1) 2.4 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) 2.6 All signs shall comply with the Tustin City Code. (1) 2.6 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- through lane. Zoning Administrator Action 15-012 Conditional Use Permit 2015-31 Exhibit A Page 3 (1) 2.7 Cash booth shall ;be utilized during peak hours to avoid overflow of vehicles into parking area. (1) 2.8 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. Read back order menu screen shall be installed to minimize noise impact. (1) 2.9 Condition 3.1 and 3.5 of City Council Resolution No. 95-21 are hereby amended to reflect revised hours of operation, unless revised by ZAA 15- 012. Business hours are limited to the following: Indoor Dining: Monday — Saturday 5:00 AM to 11:00 PM Sunday - 6:00 AM to 11:00 PM Drive-Thru: Open 24 Hours Daily Outdoor Playland: 6:00 AM to 11:00 PM Daily Proposed modification to the hours shall be amended as long as there are no negative impacts. on the site or surrounding properties. If negative impacts occur, upon due notification to the owner/applicaht, said hours shall revert back to those detailed in the original .approval as follows: Indoor Dining and Drive-Thru: Sunday — Thursday 6:00 AM to 11:00 PM Friday — Saturday 8:00 AM to 1.2:00 midnight Outdoor Playland: Sunday — Thursday 8:00 AM to 9:00 PM Friday —Saturday 8:00 AM to 10:00 PM Operation of Playland and outdoor restaurant seating area shall be permitted only at such times as the main restaurant use is open. (1) 2.10 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) 2.11 No outdoor storage shall be permitted except as approved by the Community Development Director. (1) 2.12 At plan check, parking spaces shall have a minimum dimension of 9 feet by 18 feet. These spaces may have a 2 foot overhang onto landscape or hardscape area provided that an adequate access path can be Zoning Administrator Action 15-012 Conditional Use Permit 2015-31 Exhibit A Page 4 accommodated. BUILDING DIVISION (1) 3.1 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. (1) 3.2 If applicable, apply for a grading permit through the City of Tustin Building Division. Include alterations to hardscape, landscape and outdoor accessibility updates. PUBLIC WORKS (1) 4.1 If a grading permit is required at plan check, a non-priority WQMP shall be required. (1) 4.2 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). 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". FEES (1,6) 5.1 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.