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HomeMy WebLinkAboutRDA #7 8-03-87 Rubys Diner ~ ;~"~ ~ ~ ~ ~--~ REDEVELOPMENT AGENCY · Inter- Corn DATE: AUGUST 3, Z~87 TO: NILLIAI4 A. HUSTON, EXECUTIVE DIRECTOR FROM: COMMUNITY DEVELOPttENT DEPARTMENT SUBJECT: SITE PLAN/DESIGN REVIEW 87-7 RUBY'S DINER, 205 EL CAMINO REAL RECOI~ENDATION: It is recommended thit the Redevelopment Agency approve site plan and architectural design of a proposed remodel of Ruby's restaurant by the adoption of Resolution No. RDA 8740 subject to conditions of approval contained therein. BACKGROUND: The City Council at a regular meeting on November 18, 1985 approved Variance 85-5 reducing parking requirements to allow expansion of Ruby's restaurant from 65 to 95 seats. The applicant, however, did not proceed with the previously approved expansion, but instead submitted a revised project with a new site plan including an outdoor dining area. According to the current proposal, the existing structure will remain and be cosmetically upgraded. The revised proposal required a Variance to parking standards to allow a total of 103 seats and a Conditional Use Permit to authorize on-site consumption of beer and wine. Said requests were approved by the Planning Commission at their regular meeting of the Planning Commission on July 27, 1987 by adoption of Resolutions 2418 and 2419 attached. Ruby's property is located at the southeast corner of E1 Camtno Real and Second Street, within the E1 Camtno Real Specific Plan and the Town Center Redevelopment Area. As such, it requires Redevelopment Agency review and approval of site plans and architectural drawings. Ruby's is bounded on the east by the "Assistance League of Tusttn"; on the north "Right Nay Cleaners"; on the south "Tustin Plumbing Supplies"; and on the west, across E1 Cam/no Real, "Tusttn Meat Company". Site Plan: Submitted plans propose; a) interior and exterior cosmetic improvements; b) demolition and reconstruction of the rear portion of the building; c) installation of upgraded kitchen facilities, including heating and air conditioning systems; d) installation of an outdoor dining area with 38 seats; e) resurfactng and restriping of a rear parking lot; and f) new landscaping. The reconstructed parking lot would include eight {8) standard parking spaces and one (1) handicap space. Access is proposed from Second Street. The outdoor dining area was proposed by applicant to be surrounded by a new three {3) foot ptperail fence painted to match the restaurant color scheme. The Planning Commission however, has required that the screening of the outdoor dining area City Council Report Ruby's August 3, 1987 Page two with a solid material subject to the approval of the Director. of Community Development. The southerly property line has an existing chain link fence which will be maintained and screened with vines. Mechanical equipment on the roof will be screened by the roof parapet which is integrated into the design of the building. Trash will be enclosed in a concrete block structure plastered and painted to match building. Architectural Oest~n and Landscaping: __The proposed architectural design of the project will have the following features: - white plastered walls with red painted wood horizontal bands. (Refer to Materials Board.) - gray colored roof cornice, and buildtng base. - lighted horizontal canopy over a rear entrance. - new rounded glass block corner window. - plasttc laminated and metal brushed entrance doors. an existing business identification sign wtll be refurbished and will have white and red neon letters on gray background. A rear elevation sign wtll have stmtlar colors. Proposed landscaping wtll provide color and screening to the parking lot. Planttng materials wtll be water conserving. Carrotwood trees will be added wherever possible. An automatic irrigation system wtll also be installed. Staff considers that the proposed restaurant remodel is consistent with the E1 Camlno Real Specific Plan and the Town Center Redevelopment Plan. It is a project that will be an exciting addition to the Old Town Area, and it is likely to bring back the flavor of the original Ruby's. Planner Director of Communtty~eielopment PM:pef Attachments: Site Plan Floor Plan Elevations Resolution RDA 87-7 Resolution No. 2418 Resolution No. 2419 CommUnity Development Department · CI3$OdOMd ag$OdOl:ld RESOLUTION NO. RDA 87-10 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF 3 THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE REMODEL OF A RESTAURANT LOCATED AT 205 EL CAMINO REAL I. The Community Redevelopment Agency of the City of Tustin, California 5 hereby resolves as follows: 6 A. That pursuant to the Town Center Redevelopment Plan, the Community Redevelopment Agency shall approve all site plans and ? architectural design of projects proposed within the Redevelopment area. 8 B. That a proper project submittal has been transmitted to the 9 Agency on behalf of Ruby's for a proposed remodel of a 1,932 square foot restaurant at 205 E1Camino Real. 10 C. That the Agency has reviewed the proposed project and makes the 1] following findings: 12 1. The design of the building is co~atible with other structures in the immediate area. 2. The project will be a positive addition to the Old Town 14 Area, aesthetically as well as economically. 15 3. .The project is in conformance with the Town Center Redevelopment Plan. ]O D. That the project is categorically exempt from environmental review, in accordance with the California Environmental Quality l? Act, Class III. 18 E. Final development plans shall require the review and approval of the Community Development Department. II. The Community Redevelopment Agency of the City of Tusttn does hereby 20 approve the remodel of an existing restaurant located at 205 E1 Camtno Real subject to Conditions attached hereto as Exhibit "A". PASSED AND ADOPTED at a regular meeting of the Community Redevelopment 22 Agency at Tustin, California, held on the~day of , 1987. 25 Richard B. Edgar 26 Chairman Mary E. Wynn 27 City Clerk EXHIBIT "A" RESOLUTION NO. RDA 87- 10 SITE PLAN CONDITIONS A. The project shall substantially comply with submitted site plans and supplemental materials, date stamped and on file with the Community Development Department as herein modified or as modified by the Director of Community Development in accordance with this resolution. B. Unless otherwise specified, the following conditions shall be complied with subject to review and approval or the Director of Community Development prior to issuance of building permits for the proposed project: 1. Applicant shall provide details for architectural projections, such as horizontal bands, canopies, exterior lighting, windows, roof cornice and handicap ramp. 2. Final plans shall indicate all property lines so that projections can be verified. 3. Plans shall show 3" striping detail on parking spaces as well as details on marking or signing handicapped and compact spaces. 4. Materials and colors shown on the materials board submitted by the applicant shall be indicated on a schedule to be included in working drawings. C. That all conditions of approval listed in Exhibit "A" of Planning Commission Resolution No. 2419 shall be met. Planning Commission DATE: ,)ULY 13, 1987 SU&]ECT: USE PERNZT NO. 87-15 & YARIANCE NO. 87-03 APPLICANT: 30th STREET ARCHTTECTS ON BEHALF OF RUBY'S RESTAURANT ONNER: ,IOHN PRESCO'rr I~OCATTOII: RUBY' S RESTAUP. ANT 205 EL CARINO REAL - SE CORNER OF EL CAFIINO REAL AND SECOND ZONING: C-2: C[NTRAL COI~RCIAL DISTRICT ~STATUS: PROJECT IS CATEGORICAU*Y EXENPT FROg THE REQUIRERENTS OF THE CALIFORNIA ENYIRONI4ENTAL QUALITY ACT; CLASS III REQUEST: AUTHORIZATION FOR AN ON-SITE BEER AND NINE LICENSE, TYPE 41. PARKING YARIANCE TO PEP~tIT NINE *(9) INSTEAD OF THE REQUIRED 35 PARKING SPACES. REC01g4ENDATION: Approve Use Permtt Ho. 87-15 by the adoptton of Resolution No. 2418 and approve Yartance Ho. 87-3 by the adoptton of Resolution Ho. 2419.. Sllgt~Y: Applicant proposes to remodel and expand an extsttng restaurant at 205 E1 Camtno Real and ts requesting a Varfance of the Zontng Code related to parktng requirements tn the C-2 (Central Commercial) Dtst~tct and the Ctty's non-conforming use ordinance to permtt ntne (9) Instead of the requtred 35 parktng spaces. The requested Conditional Use Permtt ~ould authorize an Alcoholic Beverage Ltcense for on-stte consumption of beer and ~tne tn con~lunctton ~tth the proposed restaurant use. The subject property Is located at the southeast corner of E1 Camtno Real and _Second Street. The stte ts tn the C-2 Central Commercial Zontng District, the -',~1 Camtno Real $pectftc Plan Area and the To~n Center Redevelopment Pro~ect ~rea and fs bordered by the following uses: on the east "Assistance League of sTusttn; an the no~th "Rtght gay Cleaners";* on the south "Tustfn Plumbtng Uppltes"; and on the ~est,. across £1 Camtno Re~l, "Tusttn r4eat Company". , Commu~i~/ Development Depa~m~t Planntng Commission Report July 13, 1987 Use Permit 87-15/¥arlance 87-03 Page two V~RZJI~£ 87-03: The Ctty Counctl, at .a regular meettng on govembe~ 18, 1985 approved Varlance No. 85-5 to a11o~ for expansion of an exlsttng non-conforming restaurant from 65 to 95 seats. The non-conforming sectton of the Zontng Code states that a non-conforming structure can not be expanded wtthout complying wtth current provisions of the Zontng Code· ¥artance 85-5 requtred no parktng for the 65 extsttng seats tn the restaurant, I! on-stte parktng spaces were requtred to be provtded for an additional 30 seats tn the restaurant based on current parktng requirements In the Code· Applicant at thts ttme does not wtsh to proceed wtth the previously approved stte plan but ts tnstead proposing a revtsed stte plan wtth a new parktng lot destgn and outdoor dtntng area. The proposed remedel, however, w111 st111 also tnclude: a) tnterlor and extertor cosmettc Improvements; b) demolition and reconstruction of the rear portton of the building; c) Installation of upgraded kttchen facilities, Including heattng and' att conditioning systems; d) resurfactng and restrtptng of a rear parktng lot; and e) new landscaping. As revised the project would provtde !03 restaurant seats tO be servtced by ntne (g) parktng spaces at the rear of the building. Current parktng requirements of the Zontng Code would requtre 35 parktng spaces for all 103 seats. The prevtous Vartance 85-5 requtred no parktng for 65 seats tn the restaruant (the nbmber of seats tn the ortgtnal restaurant). Based on the precedent set by thts prevtous Ctty actton, staff would recommend that 65 of the restaurant seats for the revtsed project be authort'zed wtthout providing 22 requtred parktng spaces and that parktng be provtded for the additional 38 seats at current Ctty standards. For the balance of 38 restaurant seats, !3 parktng spaces would be required. Whtle stte constraints 11mtt the applicant's abtllty to provtde more than ntne (9) parktng spaces on the subject stte, the potential popularity of Ruby's Cafe would tndtcate that as much parktng as posstble should be provided. Staff would, therefore, suggest that at least four (4) additional parktng spaces tn addltton to the proposed ntne (9) on-stte spaces be provtded off-stte or that the applicant.reduce the number of addtttonalseats tn the restaurant ~o 27 for a total of 92 seats~ Authority for permitting off-stte parktng ts provtded by the E1 Camtno Real. Specific Plan whtch allows for: - Exemptions from requirements for on-stte parktng for etther exlsttng restaurant or new addttton tf prtvate off-stte spaces can be acqutred wtthtn 300 feet and proof ts supplled In the form of a long term · lease; and - Exemptions from requirements for on-stte parktng for etther extsttng restaurant or additions -tf property ts tncluded tn a "Parktng improvement District. Community DeveloPment Department Planntng Commission Report July 13, 1987 US~ Permit 87-1S/Variance 87-03 Page three The applicant has not been successful in establishing a long term lease with adjacent proper~y owners, but he is aware that payments can be made into the Parking Imrovemont District in order to lease the additional 'four (4) parking spaces requested by staff. While the applicant has tndtcated an unwillingness to lease such spaces from. the District, the costs for the lease of four (4) spaces would be relatively minor as shown below: Term Cost of Leastn9 4 Spaces First Year- $1,200.00/year Second Year $1,500.00/year Third Year $1,800.00/year Fourth Year $2,100.00/year Ftfth Year $2,400.O0/year Staff would recommend Variance 87-3 allowing 103 seats in the restaurant subject to applt. Cant and City Counctl approval of a contract for the lease of (4) additional parking spaces in the City parking structure or elsewhere within 300 feet of the site. Otherwise, a maximum of only 92 seats for the restaurant would be recommended. This recommendation is consistent with Variance 85-5 in , that parking for all seats beyond the previously existing 65 seats would be provided. USE PERMXT 87-15 Applicant has also applied for authorization to sell beer and wine in conjunction with the proposed restaurant remodel. Although the project location and its distance from the other outlets and sensitive uses is not a requirement for on-site alcoholic beverage consu~tion, the following distances fron sensitive uses are provided for information only: Distance Requirement Proposed Distance .100 feet from residential 150 feet 300 feet from other outlets 400 feet 600 feet from schools 1,600 feet churches 800 feet hospitals 2,640 feet Staff recommends that alcoholic beverage sales, establishment guidelines be incorporated into the conditions of approval for this application with two minor exceptions. Resolution No. 2396 of the Planning Commission, which set guidelines for review of alcoholic beverage establishments recommended that no outdoor seating or "bar type" seating be allowed. The outdoor dining area is proposed to be surrounded by a piperatl fence and will be isolated with a 6'0" high block wall along the adjacent property line, screened with planters and will co~ly with Alcoholic Beverage Control requirements. Staff would have no major issue with the outdoor dining area provt.ded more adequate solid enclosed screening is provided. Corn munit¥ Development Department Planning Commission Report July 13, 1987 .-~. Use Permit 87-15/Variance 87-03 'Page four The tntortor dtntng layout tndtcatos a bar type setttng area wMch, ts actuaTly not a bar but a dtntng counter and extension of thb d!ntng area. Beer and wtne wtll not be exclustveiy served at thts location.- ' Other standard conditions recommended in the attached r~solutton tnclude such 1toms as: 1. All alcoholic beverages shall be consumed on stte. 2. Authorization for ~n-stte sales of beer and wine/liquor sales is contingent upon the use of the subject site remelntng & restaurant. At such ttme the restaurant use is discontinued the use permtt becomes null and votd. 3. All persons serving alcoholic beverages must be eighteen years of age or older and supervised by someone t~enty-one years of age of older. Supervisor shall be present tn same area as potnt of sale, 4. Hours of operation are'limited to the hours of 6:00 a.m. to 10:00 p.m. (hours are Identified depending on the type of operation). Food must be served durtng these hours. 5. The menu of the restaUrant shall constst of f6ods that are prepared on the preMses. 6. There shall be no pool tables or coin operated games on the premises at any ttme. - 7. All persons selling alcoholic beverages shell be at least etg~toen years Of age or older and shall be supervised by someone t~enty-one years of age or older. The project compltes with the dt'stance requlrements established by Z°ntng Ordinance Amendment Ho. 87-1 and staff has Incorporated the alcoholic beverage sales establishment guidelines, with minor medtftcattons tnto the proposed resolution. Based upon the conformance wtth the dtstance requirements and the Incorporation of the alcoholic beverage sales guidelines staff recommends approval for thts request. ARCHITECTURAL DESIGN AND LANDSCAPING : The proposed architectural design of the project wtll have the following. features: - ghtte plastered walls wtth red patnted wood horizontal bands. Gray colored roof cornt'ce, and butldtng base. Lighted horizontal canopy over a rear entrance. New rounded glass block corner window. Plasttc laminated andmetal brushed entrance doors. An existing business identification sign will be refurbished and will have white and red neon letters On gray background. A rear elevation sign will have stmtlar colors; an outdoors dining area in the rear of reataurant. Communl:y DeveloPmen: Depa~ment Planning Commission Report 3uly 13, 1987 Use Permtt 87-15/Variance 87-03 Page ftve Proposed landscaping will provtde color and screening to the parking lo<. Planting materials wilt be water conserving. Carroteood trees will be added wherever possible. An. automatic irrigation system will- also be installed. : Staff considers that the restaurant, remodeled as proposed wtll be compatible wtth the Old To~n Area and tt ts ltkely to brtng back the flavor of the famous old Ruby's. Planner Director of Community ~velopment PM:per Attachments:. Resolution No. 2418 Resolution No. 2419 . Stte Plan Floor Plan Corn munity Development Department / 1 RESOLUTION NO. 2418 2 - A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF TUSTIN, AUTHORIZING A BEER AND WINE LICENSE FOR ON-SITE SALES AT 205 EL CAMINO 4 REAL § The Planning Commission of the City of Tusttn does 'hereby resolve as follows: I. The Planning Commission finds and determines as follows: ? A. That a proper application Use Permit 87-15 has been filed by 8 30th Street Architects on behalf of Ruby's Restaurant requesting authorization for an ABC license (type 41) to sell beer and wine g for on-site consumption at 205 E1 Camtno Real. 10 B. That a public hearing was duly called, noticed and held on said application. ]1 C. That establishment, maintenance and operation of the use applied 12 for wtll 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: 1. The sale of beer and wine is for on-site consumption only. 2. That sale of beer and wine is ltmtted to hours of operation 16 between' 6:00 a.m. and 10:00 p.m. and only when food concurrently sold. 17 3. The use applied for is in conformance with the Tustln 18 General Plan. lg 4. The use applied for is an allowed use in the C-2 Central Commercial Otstrict. 20 O. That the establishment, maintenance and operation of the use 21 applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject 9.2 property, nor to the general welfare of the City of Tusttn, and should be granted. 23 E. Proposed development shall be in accordance with the development 24 policies adopted by the City Council, Uniform Building Codes as administered by the Building Official, Fire Code as administered 25 by the Orange County Fire Marshal, and street improvement requirements as administered by the City Engineer. ! Resolut~on"~lo. 2418 2 Page two 4 F. That th~s project ts categorically exempt from the requirements of the California Environmental Quality Act, Cl.ass I. § $. Final development plans shall require the revtew and approval of the Community Oevelopment Department. II. The Planning Commission hereby approves Conditional Use Permit No. ? 87-15 to authorize the issuance of an on-site beer and wine license at 205 E1 Camtno Real subject to the following conditions: 8 A. All alcoholic beverages shall be consumed on-site. B. Alcoholic beverages shall be sold durtng the hours of 6:00 a.m. 10 and 10:00 p.m. and only when food is concurrently sold. ]! C. Authorization for an on-stte beer and w~ne 11cerise is contingent upon the use remetntng as a restaurant. At such time that the 12 restaurant use ~s discontinued, authorization for the l~cense will be null and void. O. All persons selling or servtng only alcoholic beverages shall be ]4 twenty-one years of age or older. ]5 E. All persons serving or selling alcoholic beverages and food shall be 18 years of age or older and shall be supervised by ]6 someone twenty-one years of age or older. 17 F. The menu of the restaurant shall consist of foods that are prepared on-site. 18 G. There shall be no pool tables or coin operated games on the 19 ' premises at any time. 20 H. The appltcan~t shall complete and return an "Agreement to Conditions Imposed" form as required by the Director of 21 Coa~,~nt ty Development. PASSED AND ADOPTED by the Planning Commission of the City of Tustin on th~s 13th day of July, 1987. 23 charles E. Puckett, Chatrman 2? Penn1 Foley 28 Recording Secretary RESOLUTION NO. 2419 2 A RESOLUTION'OF THE PLANNING COHMISSION OF THE 3 CITY OF TUSTIN APPROVING VARIANCE NO. 87-3, ALLOWING AN EXISTING NON-CONFORMING RESTAURANT 4 AT 205 EL CAMINO REAL TO VARY W[TH THE PARKING REQUIREMENTS IN THE C-2 ZONE § I. The Planning Commission finds and determines as follows: 6 A. That a proper application, Variance No. 87-3, was filed by 30th ? Street Architects on behal~ of Mr. Douglas Cavanaugh, requesting authorization to vary from the parking requirements of the C-2 $ zone for an existing non-conforming restaurant located at 205 E1 Camino Real. 9 B. That a public hearing was duly called, noticed and held on said 10 application. 11 C. That because of special circumstances applicable to the subject property, relative to size, shape, topography, location or surroundings, a strict application of the Zoning Ordinance is 12 found to deprive subject property of privileges enjoyed by other 13 properties in the vicinity and under identical zone classification, evidenced by the following findings: 14 1. The use is in accordance with the Specific Plan for the 15 area . 2. The project is in conformance with the Town Center 16 Redevelopment Plan. 17 3. The subject variance is in accordance with previously 18 granted Variance No. 85-5. 19 4. The applicant is supplying parking per the zoning code and E1Camtno Real Specific Plan for any additional seats over 20 existing non-conforming use. 21 5. E1 Camtno Real Specific Plan allows for exemptions for on-site parking requirements for restaurants and new additions if property is included in a "Parking 22 Improvement District" or show proof of a parking lease agreement with adjacent property owners within 300 feet of 23 property. 24 O. That the granting of a variance as herein provided will not constt'tUte a. grant of special privilege inconsistent with the 25 limitations upon other properties in the vicinity and distict in which the subject property is situated. 26 E. That this project is categorically exempt from the requirements 27 of the California Environmental Quality Act (Class III). 28 F. That the granting of the variance as herein provided will not be contrary to .the intent of the Zoning Ordinance or the public' safety, health and welfare, and said variance should be granted. Resolution ~1o. 2419 Page' t~o j, G. That pursuant to the. Town Center Redevelopment Plan, the stte. plan and architectural destgn of pro,lect which ts proposed 5 wtthtn the Redevelopment area shall De approved by the Redevelopment Agency. '. $ H. Ftnal development plans shall requtre the ~evtew and approval of ? the Community development Department $ I. Proposed development shall be tn accordance wtth the development poltctes adopted by the Ctty Counct1; Untform Butldtng Codes as 9 administered by the Butldlng Official; Ftre Codes as administered by the Orange County Ffre ~larshal; and street :10 Improvement requirements as admfntstered by the CJty Engineer. :1:] ]]. The Planntng Commission approves Vartance ~1o. 87-3 to permtt ntne (g) tnstead of the requtred 35 parktng spaces pursuant to Sectton 9232 C !2 from the parking requirements of C-2, subject to conditions attached hereto tn Exhtblt "A". PASSED AND ADOPTED by the Plannfng Commtston of the Ctty of Tusttn on thts 13th day of July, 1987. :15 17 :]8 Charles E. Puckett 19 ' Chatrman 20 Penn1 Foley Secretary 23 26 27 £xhtbtt A To Resolution No. 2419 1. The project shall Substantially comply wtth submitted stte plans and supplemental materials, date stamped July 7, 1987 and on file the Community Development Department as heretn modtfled or as modified by the Dtrecter of Community Developme,nt tn accordance thts Resolution. 2. Unless othewtse specified, conditions contained tn thts exhtbtt shall be complied with subject to review and approval or the Dtrector of Community Developmen~ prtor to Issuance of building permtts for the proposed project: 3. Applicant shall etther enter tnto a lease agreement with a property owner within 300 feet of the subject property for the provisions of an additional four (4) parktng spaces or enter Into an agreement wtth the Ctty's Parktng Zmprovement Dtstr~ct to ]ease four (4) parktng spaces to be located tn the Town Center Parktng Structure. 4. Should the applicant fall to comply wtth condition number 3 above, the number of proposed restaurants shall be reduced from 103 to 92 seats. 5. Ftnal construction worktng drawings requtre signature of Alcoholic Beverage Control for conformance of outdoor seating area requirements. 6. Ail extsttng overhead uttllty servtces shall be undergrounded. 7. Provtde detatled Information regarding colors, materials and textures of all extertor architectural elements whtch surround the outdoors dtntng area; such as b]ock wall, concrete paving, planters and treatment of tree we]]s. A]so tnc]ude pedestrian walkway, statrs and hand1 cap ramp. 8. Ail mechanical equipment, electrical fixtures and downspouts shall be adequately and decoratively screened. I~echantcal equipment shall not be seen 'from the outdoor dtntng area. 9. Indicate proposed exterior 11ghttng for the building, parktng lot and outdoor dtntng area. Note locations of 11ght poles and detat1 of fixtures. No 11ghts shall be perattted whtch may create any glare or have a negattve tmpact on adjoining properties. The locatton of ltghttng shall be subject to the approval of the Comeuntty Oevelopment Oepartment. 10. Provlde complete .landscaping and Irrigation plans for the project complying wtth all Co~unt ty Development Department landscaping/Irrigation standards and plan submittal requirements. 11. At butldtng plan check, construction plans, structural calculations, and tttle 24 energy calculation ;ust be submitted. Requtrementa of the Untfor~ Butldlng Codes, State Handtcap and Energy Requirements ;ust be complted wtth as approved by the Butldtng Official. Exhtbtt A Resolution go. 2419 Page two 12. At butldtng plan check, provtde technical detat1 and plans for all uttllty Installations Including cable TV,' telephone, gas, water and electricity. - 13. At butldlng plan check submittal of ftnal gradtng and specifications consistent wtth the stta plan and landscaping plans and prepared by a registered engtneer for approval of the Community 0evelopment 0epartment. 14. All requirements of the Orange County Ftre Oepartment shall be met. 15. The ftnal stte plan shall be standardized and reflect all appropriate Ctty standard drawtng numbers. The developer shall construct all mtsstng or damaged street Improvements to satd development per the Ctty of Tusttn "~tntmum OesJgn Standards of Publlc Works" and "Street Improvemant Standards". Thts work shall constst of, but not be 11mttad to, curbs and gttters, sidewalks, drtveway aprons and street Improvements. Pt4:pef ! RESOLUTZON NO. 2418 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF TUSTIN, AUTHORIZING A' BEER AND WINE LICENSE FOR ON-SITE SALES AT 205 EL CAMINO 4 REAL 5 The Ptannlng Commission of the C~ty of Tusttn does hereby resolve as follows: 6 The Planning Commission finds and determines as follows: 7 A. That a proper application Use Permit 87-15 has been filed by 8 30th Street Architects on behalf of Ruby's Restaurant requesting authorization for an ABC license (type 41) to sell beer and wine 9 for on-site consumption at 205 E1Camlno Real. 10 B. That a public hearing was duly called, noticed and held on said application. 11 C. That establishment, maintenance and operation of the use applied 12 for will not, under the circumstances -of this case, be detrimental to the health, safety, morals, comfort, or general 13 welfare of the persons residing or working in the neighborhood of such proposed use, evidenced by the following findings: 14 · 1. The sale of beer and wine is for on-site consumption only. 15 2. That sale of beer and wine is limited to hours of operation 10 between 6:00 a.m. and 10:00 p.m. and only when food concurrently sold. 3. The use applied for is in conformance with the Tustin 18 General Plan. 19 4. The use applied for is an allowed use in the C-2 Central Commercial District. 5. The project complies with guidelines for approval of 21 Alcoholic Beverage license contained in Planning Commission Resolution No. 2396. D. That the establishment, maintenance and operation of the use 23 applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject 24 property, nor to the general welfare of the City of Tustin, and should be granted. E. Proposed development shall be in accordance with the development 26 policies adopted by the City Council, Uniform Building Codes as administered by the Building Official, Fire Code as administered 27 by the Orange County Fire Marshal, and street improvement requirements as administered by the City Engineer. 28 ReSolution No. 2418 1 Page 'cwo 2 F. That this projec, t is categorically exempt from the requirements 3 of the California Environmental Quality Act, Class I. 4 G. Final, development plans shall require the review and approval of the Community Development Department. II. The Planning Commission hereby approves Conditional Use Permit No. 6 87-15 to authorize the issuance of an on-site beer and wine license at 205 E1 Camtno Real subject to the following conditions: ? A. All alcoholic beverages shall be consumed on-site. 8 ~ B. Alcoholic beverages shall be sold during the hours of 6:00 a.m. 9 and 10:00 p.m. and only when food is concurrently sold. lO C. Authorization for an on-site beer and wine license is contingent upon the use remaining as a restaurant. At such time that the 11 restaurant use is discontinued, authorization for the license will be null and void. D. All persons selling or serving only alcoholic beverages shall be 13 twenty-one years of age or older. 14 E. All persons serving or selling alcoholic beverages and food shall be 18 years of age or older and shall be supervised by 1§ someone twenty-one years of age or older. ]G F. The menu of the restaurant shall consist of foods that are prepared on-site. G. There shall be no pool tables or coin operated games on the 18 premises at any time. 19 H. The applicant shall complete and return an "Agreement to Conditions Imposed" form as required by the Director of 20 Communl ty Development. 21 I. Applicant to comply with all conditions of approval of Planning Commission Resolution No. 2419. 22 PASSED AND ADOPTED by the Planning Commission of the City of Tustln on this 28 j~l~h day of July, 1987. Chairman 28t STATE OF CAL%FORNIA ) COUNTY OF ORANGE ) crrY OF TIJSTIN ) I, PENNI 'FOLEY, the undersigned, hereby certtfy that I am the Recording Secretary of the PlanDtng Commission of the City of Tusttn, California; that Resolution No. ~/ff was duly passed and adopted at a regular meettng of the ~jjsttn Planntng Commission, held on the ~.?t~day of ~, · ' Record1 ng Secretary I RESOLUTION NO. 2419 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF TUSTIN APPROVING VARIANCE NO. 87-3, ALLOWING AN EXISTING NON-CONFORMING RESTAURANT 4 AT 205 EL CAMINO REAL TO VARY WITH THE PARKING REQUIREMENTS IN THE C-2 ZONE I. The Planning Commission finds and determines as follows: 6 A. That a proper application, Variance No. 87-3, was filed by 30t~ ? Street Architects on behalf of Mr. Douglas Cavanaugh, requesting authorization to vary from the parking requirements of the C-2 8 zone for an existing non-conforming restaurant located at 205 E1 Camino Real. 9 B. That a public hearing was duly called, noticed and held on said 10 application. 11 C. That because of special circumstances applicable to the subject property, relative to size, shape, topography, location or 12 surroundings, a strict application of the Zoning Ordinance is found to deprive subject property of privileges enjoyed by other 13 properties in the vicinity and under identical zone classification, evidenced by the following findings: 1. The use is in accordance with the Zoning Ordinance and the 15 Specific Plan for the area . 16 2. The project is in conformance with the Town Center Redevelopment Plan. 3. The subject variance' )s in accordance with previously 18 granted Variance No. 85-5 pertaining to the original 65 seats. 19 4. The applicant is supplying parking per the zoning code and 20 E1Camtno Real Specific Plan for any additional seats over existing non-conforming use. 5. E1 Camtno Real Specific Plan allows for exen~ttons for 22 on-site parking requirements for restaurants and new additions if property is included in a "Parking 23 Improvement District" or show proof of a parking lease . agreement with adjacent property owners within 300 feet of 24 property.. 25 D. That the granting of a variance as herein provided will not constitute a grant of special privilege inconsistent with the 26 limitations upon other properties in the vicinity and distict in which the subject property is situated. 27 E. That this project is categorically exempt from the requirements of the California Environmental Quality Act (Class III). .1 Resolution No. 2419 2 Page two 4 F. That pursuant to the Town Center Redevelopment Plan, the stte plan and architectural design of projedt whtch ts proposed 5 . wtthtn the Redevelopment area shall be approved by the Redevelopment Agency. G. Final development plans shall require the revte~ and approval ? the Community development Department 8 H. Proposed development shall be in accordance with the development policies adopted by the City Council; Uniform Building Codes as 9 administered by the Building Official; Fire Codes as administered by the Orange County Fire Marshal; and street 10 improvement requirements as administered by the City Engineer. 11 II. The Planning Commission approves Variance No. 87-3 to permit 13 (thirteen) instead of the required parking spaces pursuant to Section 12 9232 C from the parking requirements of C-2, subject to conditions attached hereto in Exhibit "A". PASSED AND ADOPTED by the Planning Commiston of the City of Tustin on this 27th day of July, 1987. 18 ~at Wei 1 19 Chairman 21 22 Secretary 26 Exhibit A To Resolution No. 2419 1. The project shall substantially comply with submitted site plans and supplemental materials, date stamped July 7, 1987 and on file with the Community Development Department as herein modified or as modified by the Director of Community Development in accordance with this Resolution. 2. Unless otherwise specified, conditions contained in this exhibit shall be complied with subject to review and approval or the Director of Community Development prior to Issuance of building permits for the proposed project: Applicant shall either enter into a lease agreement with a property owner within 300 feet of the subject property for the provisions of an additional four (4) parking spaces or enter Into an agreement with the City's Parking Improvement Dtstrict to lease four (4) parking spaces to be located in the Town Center Parking Structure. 4. Should the applicant fail to comply with condition number 3 above, the number of proposed restaurant seats shall be reduced from 103 to 92 seats. 5. Final construction working drawings require signature of Alcoholic Beverage Control for conformance of outdoor seating area requirements. 6. All existing overhead uttllty services shall be undergrounded. 7. Provide detailed information regarding colors, materials and textures of all exterior archttoctural elements which surround the outdoors dtning area; such as bl.ock wall, concrete paving, planters and treatment of tree wells. Said screening shall be of solid enclosed matertal not just pipe-rail proposed on preliminary plans subject to approval of Dtrector of Community Development. ^1so include pedestrian walkway, stairs and handicap ramp. 8. All mechanical equipment, electrical fixtures and downspouts shall be adequately and decoratively screened. Mechanical equipment shall not be seen from the outdoor dining area. g. Indicate proposed exterior lighting for the building, parking lot and outdoor dining area. Note locations of light poles and detail of fixtures. No lights shall be permitted which may create any glare or have a negative impact on adjoining properties. The location of lighting shall be subject to the approval of the Community Development Department. 10. Provide complete landscaping and irrigation plans for the project complying with all Community Development Department landscaping/irrigation standards and plan submittal requirements. 11. At building plan check, construction plans, structural calculations, and title 24 energy calculation must be submitted. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements must be complied with as approved by the Building Official. Exhibit A Resolution No. 2419 Page ~o 12. At building plan check, provide technical detail and plans for all utility installations including cable TV, telephone, gas~ water and electricity. 13. At building plan check submittal of final grading and specifications consistent with the site plan and landscaping plans and prepared by a registered engineer for approv&l of the Con~nuntty Development Department. 14. All requirements of the Orange County Fire Department shall be met. 15. The final site plan shall be standardized and reflect all appropriate City standard drawtng numbers. The developer shall construct missing or damaged street improvements to said development per the City of Tusttn "Minimum Design Standards of Publtc Works" and "Street Zmprovement Standards". This work shall consist of, but not be limited to, curbs and gttters, sidewalks, driveway aprons and street improvements. 16. Zn the event that applicant compltes with Condition number 3 instead of 4, the appropriate number of employees of the proposed restauran: shall be required to park in the proposed off-site parking spaces. 17. Slgnage shall also be provided on-site adjacent to parking lot and main butldtng indicating that additional parking is available at off-site locations. Said slgnage shall be subject to review and approval of the Otrector of Community Development. PM:per STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF.TUST[N ) [, PENNI FOLEY, the undersigned, hereby certtfy that ! am the Recording Secretary of the Plan91ng Commission of the Ctty of Tusttn, California; that Resolution No. ~2~//~ was duly passed and adopted at_regularmeettng of the Tusttn Planntng Commission, held on the~2_~day of~ , 1987· Recording Secretary