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HomeMy WebLinkAboutPC RES 4318 RESOLUTION NO. 4318 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 2016-011 AUTHORIZING THE ESTABLISHMENT OF A 7,231 SQUARE FOOT OUTDOOR RESTAURANT SEATING AREA IN CONJUNCTION WITH AN EXISTING RESTAURANT LOCATED AT 2505 EL CAMINO REAL. The Planning Commission does hereby resolve as follows: i. The Planning Commission finds and determines as follows: A. A proper application was filed by Zahra Khalafi of Bublyz Cafe, requesting the establishment of a 7,231 square foot outdoor restaurant seating area in conjunction with an existing restaurant located at 2505 El Camino Real. B. The project site is located within the East Tustin Specific Plan (SP-8) and has a General Plan Land Use Designation of Planned Community Commercial/Business (PCCB) which provides for a variety of retail and service commercial uses including restaurant uses with outdoor restaurant seating. Pursuant to Section 9277 of the Tustin City Code (TCC), Design Review approval is required for outdoor restaurant seating areas. 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. C. The proposed outdoor restaurant seating area is located within a former outdoor garden sales area within a commercial shopping center where a variety of retail and restaurant uses are located. The characteristics of the proposed use and hours of operation would be similar to other restaurants in the vicinity. D. This project has been deferred from the Community Development Director to the Planning Commission due to code enforcement activity related to noise complaints, operation of the outdoor restaurant seating area without City approval, unpermitted modifications, and business hours past 11:00 p.m. E. That due to prior code enforcement violations and unpermitted modifications, a pre-citation notice is included herein. F. That a public meeting was duly called, noticed, and held for Design Review (DR) 2016-011 on August 23-, 2016, by the Planning Commission. G. That the location, size, architectural features and general appearance of the proposed project 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: Resolution No. 4318 Page 2 1. The design of the outdoor restaurant seating area, as conditioned, is compatible with the overall design of the building and enhances the pedestrian environment and the character of the shopping center. 2. The outdoor restaurant seating area is within a former outdoor garden sales area that was included in the original parking analysis for the shopping center. The required number of parking spaces for the entire shopping center is based on the square footage of the shopping center, including the former outdoor garden sales area and not on individual uses within the shopping center. Therefore, no additional parking spaces are required for the proposed outdoor restaurant seating area. 3. The outdoor restaurant seating area is located within a commercial shopping center that is bounded by Bryan Avenue, Tustin Ranch Road, EI Camino Real, and Myford Avenue where a variety of retail and restaurant uses are located. The hours of operation of the restaurant and the outdoor restaurant seating area are conditioned to remain open no later than the adjacent retail establishment, but in no event later than 11:00 PM, which is consistent with the characteristics and hours of operation of other restaurants in the vicinity and is in compliance with the TCC requirement that limits the hours of operation of an outdoor restaurant seating area to no later than 11:00 PM. 4. The Tustin Police Department has reviewed the application and has no immediate concerns if the business operates in compliance with the conditions of approval. H. This project is Categorically Exempt pursuant to Section 15303, Class 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 11. The Planning Commission hereby approves DR 2016-011 authorizing the establishment of a 7,231 square-foot outdoor restaurant seating area in conjunction with an existing restaurant located at 2505 EI Camino Real, 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 August, 2016. i AUSTIN LtJMBARD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4318 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4318 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23`' day of August, 2016. PLANNING COMMISSIONER AYES. Kozak, Lumbard, Mason, Thompson (4) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: 1 ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4318 DESIGN REVIEW 2016-011 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped August 23, 2016, on file with the Community Development Department, except 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 minor modifications during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (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 Design Review (DR) 2016-011 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 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 This condition shall serve as a pre-citation and to inform the responsible person(s) of the compliance requirements pursuant to the Tustin City Code (TCC) and/or other applicable codes, laws, and donditions. Failure to comply with the conditions of approval set forth herein may result in the issuance of an administrative citation pursuant to TCC 1162(a). Fines may be assessed by means of an administrative citation as follows: $100.00 for a first violation; $200.00 for.a second violation of the same ordinance or permit within one year of the first violation; or $500.00 for a third or any further violation of the same ordinance or permit within one year of the first violation. Building and Safety Code (TCC Sec. 8100 -- 8999) violations may be assessed at $100.00 for a first violation; $500.00 for a second violation of the same ordinance or permit within one year of the first violation; or $1,000.00 for a third or any further violation of the same ordinance or permit within one year of the first violation. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PCICC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4318 Page 2 The City may also take further legal action including issuing the responsible person(s) a criminal citation and/or abating the violation(s) with the cost of such abatement and/or prosecution assessed against the responsible person(s), the property owner(s), and/or the property as a lien. (1) 1.6 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. All enforcement costs incurred to date, in the amount of $867.13, shall be paid to the City within ten (10) calendar days of the Planning Commission's action. The approval shall not become effective unless said costs are paid. (1) 1.7 As a condition of approval of DR 2016-011 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 DR 2016-011 may be reviewed annually or more often, if deemed necessary by the Community Development Director, to ensure compatibility with the area and compliance with the conditions contained herein. The Community Development Director shall review the use to ascertain compliance with conditions of approval. 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 Design Review approval for the outdoor restaurant seating area. (1) 1.9 If on-site alcoholic beverage sales are proposed, the applicant shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales associated with a bona fide public eating place. If applicable, a copy of the license shall be provided to the City prior to final inspection. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or of the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the DR approval for the outdoor restaurant seating area, as provided for in the TCC. PLANNING (1) 2.1 The outdoor restaurant seating area shall operate in conjunction with, shall not operate independently from, and shall be ancillary to the existing indoor restaurant. The restaurant establishment shall have a maximum of 108 seats indoors and eighty- Exhibit A Resolution No. 4318 Page 3 four (84) seats outside, with a maximum of eighty-four (84) occupants outside. Any increase in the number of seats is subject to written approval from the Community Development Director. All outdoor furniture and fixtures must be of durable and sturdy construction and suitable for outdoor use. Furniture shall be in good condition without any visible dents, tears, rust, corrosion, or chipped or peeling paint and shall be in a clean condition at all times. Lounge chairs, sofas, cocktail tables, and other furniture that is not conducive to outdoor dining shall be prohibited. (1) 2.2 Intentionally left blank. (1) 2.3 If issued a license from the Department of Alcoholic Beverage Control, the proposed on-site consumption of alcoholic beverages must be consistent with the Department of Alcoholic Beverage Control requirements. Any changes and/or upgrades to any ABC License shall be reviewed and approved by the Community Development Director. The sale and consumption of alcoholic beverages in the outdoor restaurant seating area shall be restricted by and subject to any required State Alcoholic Beverage Control or other applicable license or permit governing the restaurant. Any outdoor restaurant seating area where alcoholic beverages are sold or consumed shall be enclosed by a border and shall be supervised at all times by an employee of the restaurant. No alcoholic beverages may be removed from the outdoor restaurant seating area, except to the interior of the restaurant. No alcoholic beverages may be served or consumed within any portion of the outdoor seating area when an approved ABC compliant barrier is not present (1) 2.4 If issued a license from the Department of Alcoholic Beverage Control, no off-site sale or consumption of alcohol is authorized, except partially consumed bottles of wine as authorized in Business and Professions Code Section 23396.5. (1) 2.5 The menu of the restaurant and its outdoor restaurant seating area shall consist of foods that are prepared on the premises. (1) 2.6 If applicable, all persons serving alcoholic beverages within a restaurant establishment must be 18 years of age or older and supervised by someone 21 years of age or older. The supervisor shall be present in the same area as point of sale. (1) 2.7 "No Loitering" signs shall be placed near the entrance on the outside of the premises or in other specified locations. (1) 2.8 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the TCC. (1) 2.9 The gross annual sales receipts shall be provided to the Community Development Department annually upon request. To verify that the gross annual sale of food exceeds the gross annual alcohol sales (if applicable), an audited financial statement shall be provided for review and approval by the Community Development Director upon request. If the audited financial statement demonstrates that the sale of alcohol Exhibit A Resolution No. 4318 Page 4 (if applicable) exceeds the sale of food, the sale of alcoholic beverages shall cease immediately. (1) 2.10 Business hours are limited to the following: Indoor Restaurant: 8:00 AM to closing time of adjacent retail establishment (Ansar Gallery), but in no event later than 11:00 PM Outdoor Restaurant Seating: 8:00 AM to closing time of adjacent retail establishment (Ansar Gallery), but in no event later than 11:00 PM If applicable, the hours of sales of alcoholic beverages shall be limited to the hours when food is available. Operation of the outdoor restaurant seating area shall be permitted only at such times as the indoor restaurant seating area and adjacent retail establishment (Ansar Gallery) are open to the public. For the purposes of this condition the phrase "closing time" shall mean all customers have left the premises. (1) 2.11 The applicant shall comply with all applicable federal, state, county and city laws and regulations concerning accessibility and nondiscrimination in the provision of services, and operation of the outdoor restaurant seating area shall not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. (1) 2.12 No outdoor keeping or storage of food or beverages to be served shall be permitted. No open keeping or storage of used dishes, utensils or food scraps shall be permitted. Self-closing outside trash containers shall be provided to the satisfaction of the Community Development Department. The outdoor restaurant seating area shall be cleaned on a continual daily basis. (1) 2.13 The outdoor restaurant seating area may have a menu board that does not exceed six (6) square feet in area. (1) 2.14 Doors from the indoor restaurant seating area to the outdoor restaurant seating area shall be self-closing. (1) 2.15 The outdoor restaurant seating area shall not obstruct any fire exit, fire escape, or other required ingress or egress to any structure or property. (1) 2.16 The outdoor restaurant seating area shall comply with the City's Noise Ordinance. (1) 2.97 No Live entertainment is permitted without a valid Live Entertainment Permit. No amplified noise or audio visual equipment, such as a television, is permitted within the outdoor restaurant seating area. 1 Exhibit A Resolution No. 4318 Page 5 (1) 2.18 Lighting shall be provided to illuminate the outdoor restaurant seating area. A minimum of one (1) footcandle of light is required at floor level. The design of the lighting shall be subject to the approval of the Community Development Director. (1) 2.19 The outdoor restaurant seating area must comply with the approved plans and regulations and requirements set forth in TCC Section 9277. Any significant modifications to the outdoor seating area or seating within must be approved by the Community Development Director. (1) 2.20 All on-site signs, including permanent and temporary signs/banners, shall comply with the City of Tustin Sign Code. (1) 2.21 Groundcover and/or shrubs shall be provided within the existing planter area located between the enclosure wall and the parking lot. Irrigation may need to be proposed if existing irrigation is inadequate or no longer functioning properly. Landscaping shall be subject to approval at plan check. (***)2.22 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed outdoor restaurant seating area, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. BUILDING (1) 3.1 A building permit is required for the proposed change of occupancy group. Plans submitted for the building permit shall be prepared by a California licensed architect or engineer. 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 Prior to issuance of a building permit, Orange County Environmental Health and Orange County Fire Authority approvals are required. (1) 3.3 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. (1) 3.4 All exits from the outdoor restaurant seating area shall be designed in accordance with the California Building Code with respect to exiting for abled and disabled customers (1) 3.5 An accessible path of travel that connects the sidewalk. and the bus stop to the primary entrance to the outdoor restaurant seating area shall be provided. Accessible parking spaces that will serve the outdoor restaurant seating area and an accessible path of travel from the parking spaces to the primary entrance to the Exhibit A Resolution No. 4318 Page 6 outdoor seating area shall be provided. An accessible path of egress from all of the exits from the outdoor restaurant seating area to the public way (sidewalks) or a minimum fifty (50) feet from the building and outdoor restaurant seating area shall be provided. An accessible path of travel shall also be provided from the interior seating area to the outdoor restaurant seating area. (1) 3.6 Occupancy group separations between the retail sales area, storage area and the outdoor restaurant seating area shall be designed in accordance with the California Building Code. (1) 3.7 The applicant shall submit plans showing the outdoor restaurant seating area substantially unenclosed (e.g. with low walls in combination with Lexan or low wrought iron fencing) for review and approval to the Community Development Director. The redesign of the existing enclosure shall be subject to approval by the Community Development Director. If the redesign is not satisfactory to the Community Development Director, the outdoor restaurant seating area shall be referred back to the Planning Commission for consideration. PUBLIC WORKS (1) 4.1 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 or the amount required by the California Green Building Standards Code. 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 in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $2,500, whichever is greater. In no event shall a deposit exceed $25,000. 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". (1) 4.2 Prior to issuance of a Building Permit, the applicant shall provide written approval from the Orange County Sanitation District for sewer connections and change in use. (1) 4.3 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy. Exhibit A Resolution No. 4398 Page 7 FEES (1) 5.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including, but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a) Building plan check and permit fees to the Community Development Department based on the most current schedule. (1,5)5.2 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.