HomeMy WebLinkAbout02 PC REPORT DR 2016-020 POZZUOLI WINERY OUTDOOR SEATING •
` AGENDA REPORT
ITEM #2
MEETING DATE: MARCH 14, 2017
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: DESIGN REVIEW 2016-020: OUTDOOR SEATING AND OLD TOWN
PARKING EXCEPTION
APPLICANT: PROPERTY OWNER:
ENRICO POZZUOLI PHIL COX
POZZUOLI WINERY, INC. COX'S MARKET PLAZA
15481 RED HILL AVE., SUITE C P.O. BOX 6069
TUSTIN, CA 92780 BROOKINGS, OR 97415
LOCATION: 140 E. MAIN STREET
GENERAL PLAN: OLD TOWN COMMERCIAL (OTC)
ZONING: CENTRAL COMMERCIAL (C2) & CULTURAL RESOURCE (CR)
DISTRICT WITH COMBINING PARKING (P) DISTRICT
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1)
PURSUANT TO SECTION 15301 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
� 1
x`
r Pt
PC Report
March 14, 2017
DR 2016-020
Page 2
REQUEST: A REQUEST TO ESTABLISH A NEW OUTDOOR SEATING AREA
AND ADD SEATING TO AN EXISTING OUTDOOR SEATING AREA
IN CONJUNCTION WITH AN EXISTING WINE TASTING
MICROBREWERY BUSINESS AT 140 E. MAIN STREET, AND TO
SATISFY REQUIRED ON-SITE PARKING (THREE (3) PARKING
STALLS) THROUGH THE OLD TOWN PARKING EXCEPTION
PROGRAM.
RECOMMENDATION
That the Planning Commission adopt Resolution No. 4338 (Attachment D) approving i
Design Review (DR) 2016-020 to authorize the new outdoor seating area, additional
seating and a parking exception of three (3) parking spaces for the property located at
140 E. Main Street.
i
APPROVAL AUTHORITY
i
Pursuant to Tustin City Code (TCC) Section 9352j3.(d)(3)d, the proposed project
requires approval from the Planning Commission to satisfy all or a portion of required
on-site parking spaces through an Old Town Parking Exception Program (Parking
Program) agreement. Pursuant to TCC Sections 9272 and 9277, Design Review
approval is required for outdoor restaurant seating areas.
i
BACKGROUND
Site and Surrounding Properties
The project site is located in the heart of Old Town Tustin, within an existing 10,466
square-foot historical shopping center known as Cox's Market Plaza. The shopping center
is bounded by Main Street to the north, a commercial and office building to the south, El
Camino Real to the west, and commercial and office buildings to the east. The proposed
outdoor seating use would be in conjunction with an existing wine tasting room and
ancillary microbrewery located at 140 E. Main Street. Other businesses in the center
include a florist and gift shop, restaurant, jewelry store, salon and clothing retail.
The properties to the east of the project site include a flooring retail showroom and two-
story office building. The property to the south of the Cox's Market Plaza is the Assistance
League office and thrift store location. These buildings and businesses are located on the
southeast block at EI Camino Real and Main Street.
PC Report
March 14, 2017
DR 2016-020
Page 3
d ter.[ WWPk
ov
EVarSt
St
I.J
I
r -
Project Site
if r s
Figure 1: Aerial
On May 20, 2014, the Zoning Administrator approved Conditional Use Permit (CUP
2014-02, allowing the establishment of an approximately 1,000 square feet wine tasting
roam, ancillary microbrewery and eatery at the subject location, including an indoor
dining area of 296 square feet and an outdoor dining area of 297 square feet at the rear
with a maximum of twelve (12) seats.
ir
fi
u`
' Additional
Seats
i
Figure 2: Rear outdoor dining area
PC Report
March 14, 2017
DR 2016-020
Page 4
Pursuant to TCC 9263g, the rear outdoor dining area was not required to provide
additional parking because the applicant was being restricted to a maximum of twelve
(12) seats.
DISCUSSION
Project Summary
The applicant is requesting to add a 100 square-foot outdoor seating area with eight (8)
seats at the front of their tenant space along Main Street, add twelve (12) seats at the
counter table in the existing 297 square-foot rear outdoor seating area (Figure 2) and
participate in the Old Town Parking Exemption Program to satisfy required onsite
parking requirements. The outdoor seating areas would include on-site consumption of
alcoholic beverages and requires physical barriers (e.g. railings and planters) to identify
where consumption is allowed.
E. AMAIN STREET
F�..OR15T
HAIR
{{ JC;W:C-;4.Cfi SALON
i
RUI AIL
L7 1
W
R�STALMANT
1 e i
i
i
f EJUsnNG PARKING LOT - I
jig — — —
Figure 3: Site Plan
PC Report
March 14, 2017
DR 2016-020
Page 5
The front outdoor seating area would extend approximately seven (7) feet into the public
right-of-way. The sidewalk width from the proposed outdoor seating barrier to the curb is
approximately five and one-half (5.5) feet in width, exceeding minimum walkway
requirements. As conditioned, the applicant is required to provide a minimum path of
travel that is four (4) feet wide for pedestrians. The proposed front outdoor seating area
includes two (2) tables, eight (8) seats and a counter area (Figure 4). The applicant has
proposed to use wood benches as well as chair seating among two (2) tables in the
front seating area. The custom made benches would also serve to support the
proposed wood railings in that the railings are attached to the backs of the benches.
yr
W=KASTER I ..
MX
AW
r irr wu Wtoc --- ---- ---�' _
-
To
_ '.}wcaa nEraaa�'', ca aaornk'�'
butdoot seating 100,0 sf r�rocn s
r tro"Fola Sa11s f
i
i
h rvxo ay.mu _
Figure 4. Front Outdoor Seating Plan & Elevation
The improvements for the rear outdoor seating area are existing and includes twelve
(12) seats, three (3) tables and a counter. The applicant is requesting to add seating to
the counter along the south side of the space (Figures 2 & 5).
PC Report
March 14, 2017
DR 2016-020
Page 6
i
L
,�]t I I I
IABLE_SEI}TI{IG{�q ,I I-. .—e r- - 1_ ! i I
I -
_Lt -_ 17
I
I I ex400-outdoor'seain :3 ;0
sJ
I I I 1 1 1 i t 1 g
i 1
14 - 1 4- .x J. 4-I L _ L 3.t
I'I
L 1 i - IF/ +1f - T S 1 J 1 --1
{L S J{ k. •L i
;•.ti':•b 1 w '{ ••Li 4 ..Y. Y V L 1 fi A7 4 }Y S1` Y tiY 1 AY Y 4 tr{ iY_ f41 f}t`5
..'G}C:., .:-C': �`-...-r. .=.;y; -.}-• ::477:•=::}-•5: r..T.. :'vl.., .�,:.,:.v
:w�:;:�:4;{•:=:;�:Y:rrr:;r:r:a^::r.'::.•,vw:r:;r;.;::.:r};y: �fvJa' :'h'1Z::�7 ��a{:;�?fr`}:>??}::':r;�'r is%r:�•q•.v:%
Figure 5: Rear Outdoor Seating Plan
Analysi's
The proposed outdoor seats can be accommodated by the new and existing seating
areas. The proposed new seating area and railings are designs with natural wood
materials to carry over the existing business's rustic industrial interior design, which
includes solid wood table tops, original brick walls and exposed ceilings.
Prior to permit issuance, the applicant would enter into an Outdoor Restaurant Seating
Area Revocable License Agreement with the City and the applicant would need to agree
that any barrier that will be located within the public right-of-way need to be removed
upon request by the City. Resolution No. 4338 contains conditions that are consistent
with TCC Section 9277 for Outdoor Restaurant Seating Areas.
As part of its Capital Improvement Program, the City is in the process of establishing
location and consistent design standards for parklets that will be installed within the
public right-of-way to accommodate outdoor seating areas along Main Street and EI
Camino Real in Old Town Tustin. A potential parklet may be located on Main Street in
front of the Cox Market Plaza. Should the applicant request the establishment of
outdoor seating within the future parklet adjacent to the subject site, Resolution No.
4338 would authorize the Director to have the discretion to approve amendments to the
Revocable License Agreement and the Parking Exception Agreement to accommodate
the additional outdoor restaurant seating within the parklet area.
Hours of Operation
The original approval of CUP 2014-02 for the existing wine tasting and microbrewery
establishment restricted the business hours to the following:
• Monday—Thursday: 11: 00 a.m. to 9:00 p.m.
• Friday--Saturday: 11:00 a.m. to 11:00 p.m.
• Sunday: 11:00 a.m. to 6:00 p.m.
PC Report
March 14, 2017
DR 2016-020
Page 7
These business hours are consistent with the characteristics of other businesses and
restaurants in the vicinity and consistent with outdoor restaurant seating requirements
detailed in TCC Section 9277. As conditioned, the business hours would apply to the
proposed outdoor seating use.
PARKING
The Cox Market Plaza currently provides forty-three (43) on-site parking spaces, and
eighteen (18) off-site parking spaces within the Stevens Square Parking Structure to
accommodate restaurant parking within the Plaza.
To accommodate the proposed additional seating for the wine tasting and microbrewery
establishment, the applicant has requested to enter into an Old Town Parking Exception
Program agreement to accommodate required parking for the outdoor seating area. The
current cost is $60 per space, per year, calculated at one (1) space per 100 square feet.
Table 4
Use Square Parking Ratio Parking Spaces
FootaRe_ ured
Outdoor Seating 148 No additional 0
(equivalent to 50% parking required
indoor dining area)
Outdoor Seating (less 249 11100 sq.ft.Ratio 3
50% indoor dining area
equivalent
Total 397 3
Table 1 shows the square footage breakdown of the outdoor seating area and the
required parking. The total outdoor seating area is 397 square feet. Pursuant to TCC
Section 9263g, only 249 square feet of the outdoor seating area is subject to the
parking requirements in that 148 square feet of the outdoor seating area, which is the
equivalent of 50 percent of the indoor dining area, is allowed without the need for
additional parking. Based upon the City's current Parking Ordinance, a total of three (3)
additional parking spaces are required for the proposed project.
Parking Exception
On April 3, 2012, the City Council adopted Ordinance No. 1416 approving a parking
exception program for the commercial portion of the CR Distract. TCC Section
9352j3.(d)(3)d implements the aforementioned parking exception for on-site parking
requirements for development proposed within both the C2 District and the Old Town
Commercial General Plan land use designation of the commercial portion of Old Town
Tustin. All, or a portion of, the required number of on-site parking spaces may be satisfied
through the payment of a fee, in an amount determined by Fee Resolution of the City
Council, upon a determination of the Planning Commission that the proposed project
meets specific findings.
PC Report
March 14, 2017
DR 2016-020
Page 8
The applicant has opted to pay for three (3) parking stalls at $60 per space annually in
lieu of providing parking spaces on-site. Participation in the City's Parking Program will
require an annual fee of $180.00 which reimburses the City for parking maintenance
fees (as determined by City Council Resolution No. 12-27). The proposed project can
be supported by the following required findings pursuant to TCC Section 9352j3,(d)(3)d
and responses have been provided.
Finding 1: The proposed project is an infill project located within the C2 District of Old
Town.
Response: The proposed outdoor seating use would be located in conjunction with an
existing wine tasting and microbrewery business, which was an infill
project that replaced a retail store in the Old Town area. The Old Town
Parking Exception Program agreement, which the applicant is requesting,
would expand the business's capacity but would not involve additional
building square footage.
I
Finding 2: That the proposed project is considered to be relatively small. i
i
Response: The project consists of adding a 100 square feet outdoor seating area
within the public right-of-way and adding seating in an existing rear
outdoor seating area. This size is deemed to be relatively small in that the
space is associated with an approximately 1,000 square-foot tenant
space, which is considered a small commercial space.
Finding 3: That the proposed project has incorporated building or site design
enhancements that make it an outstanding addition to Old Town Tustin.
i
Response: The existing building on the property is a unique contributor to the
commercial building portfolio in Old Town Tustin as it is a historical
building constructed in 1925 and is one of the early commercial structures
within the City of Tustin. The proposed outdoor seating area furnishings
and railings are compatible with the existing building, and the proposed }
r
outdoor restaurant seating complements Old Town Tustin's design and
character, and enhances the pedestrian environment.
Finding 4: That the proposed project provides some on-site parking, but is
aesthetically superior to one that provided all required parking on site.
1
Response: The property currently provides five (5) on-site parking spaces for the
tenant space. To accommodate the outdoor seating use, the applicant ,
has agreed to enter into an Old Town Parking Exception Agreement. A
total of three (3) parking spaces are required for the intended use of an
outdoor seating area.
PC Report
March 14, 2017
DR 2018-020
Page 9
Finding 5: That the project applicant shall agree to pay an annual fee for each
parking space not provided on site.
Response: The applicant is aware of the required annual fee of $60.00 per parking
space established by the City Council. In addition, the applicant is also
aware that the fee is subject to change as determined by the City Council.
The conditions of approval require payment of the annual fee.
Finding 6: Other findings that may be adopted from time to time by the City Council.
Response: The project would be required to comply with any other findings and
criteria adopted by the City Council.
The parking exception for this project is consistent with the City's goal of introducing and
encouraging commercial uses, generating jobs, increasing the number of persons
shopping and working in Old Town Tustin, and fostering economic development of the
surrounding areas. Furthermore, the City has prepared the Old Town Parking Study that
concluded that there is a significant amount of available parking in the area. Therefore, the
recommendation to allow the exception to the requirement of three (3) parking stalls is
appropriate for this proposal.
FINDINGS
In determining whether to approve the DR for the outdoor seating area and an exception
to the required parking, the Planning Commission must determine the project meets the
required findings for a parking exception as identified in TCC Section 9352j3.(d)(3)d and
whether it can be found that the location, size, architectural features, and general
appearance of the proposal will not impair the orderly and harmonious development of
the area, the present or future development therein, or the occupancy as a whole. A
decision to approve this request may be supported by the following findings:
1. The design for the outdoor restaurant area is compatible with the overall design
of the building.
2. The outdoor seating area is included in the parking analysis for the use, which
can be accommodated by an Old Town Parking Exception Program agreement.
3. The outdoor seating area in conjunction with a wine tasting room, as proposed, is
compatible and consistent with development within the commercial areas of Old
Town Tustin. There are commercial buildings providing similar type of outdoor
seating use as proposed within the immediate vicinity of the project site.
4. The proposed development meets the findings required within Section
9352j3.(d)(3)d of the TCC to allow for the granting of a parking exception.
PC Report
March 14, 2017
DR 2016-020
Page 10
5. The City previously prepared the Old Town Parking Study that concluded that
there is a significant amount of available parking in the area.
6. The parking exception for this project is consistent with the City's goal of
introducing customer-attracting commercial uses, generating jobs, increasing the
number of persons shopping and working in Old Town Tustin, and fostering
economic development of the surrounding areas.
7. The City's Police Department has reviewed the application and has no concerns.
Edmelynne . Hutter lizabeth A. Binsack
Senior Planner Community Development Director
Attachments:
A. Location Map
B. Land Use Application Fact Sheet
C. Submitted Plans
D. Resolution No. 4338
i
ATTACHMENT A
Location Map
i
i
i
LOCATION MAP
DR 2016-020
140 E. MAIN STREET
THIRU SI
rr
r,
�
PROJECT!
SITE
L 2NI
CE C4U
11-Street
of
�
VI rn
I
K
e
e
e
e W
e Ile
rl
1
• 1
'l
l
i
f
a
i
I
i
ATTACHMENT B
Land Use Application Fact Sheet
i
1
3
I
LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): DR 2016-020
2. LOCATION: 140 E, MAIN STREET
3. LOT: _ BLOCK: 18 TRACT: 689 4. APN(S): 401-623-01
5, PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: CUP 2014-02
6, SURROUNDING LAND USES:
NORTH: Commercial SOUTH: Commercial, Office EAST: Commercial, Office
WEST: Commercial, Office
7. SURROUNDING ZONING DESIGNATION:
NORTH: Central Commercial C2 Cultural Resources Overlay CR Parking Overlay P
SOUTH: Central Commercial C2 Cultural Resources Overlay Parking Overlay P
EAST: Central Commercial C2 Cultural Resources Overlay Parking Overlay P
WEST: Central Commercial C2 Cultural Resources Overlay CR Parking Overlay P
8. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH: Old Town Commercial SOUTH: Old Town Commercial
EAST: Old Town Commercial WEST: Old Town Commercial
9. SITE LAND USE:
EXISTING PROPOSED
Use: Commercial No Change
Zoning: Central Commercial Cultural Resources Overlay, No Change
Parking Overlay
General Plan: Old Town Commercial No Change
DEVELOPMENT FACTS:
10. LOT AREA: 30,056 S.F. or 0.69 ACRES
11. BUILDING LOT COVERAGE: 100% MAX. PERMITTED NIA PROPOSED
12. SITE LANDSCAPING: NIA REQUIRED NIA PROPOSED
i
13. OPEN SPACE: NIA REQUIRED NIA PROPOSED
14. PARKING:
Existing 61 spaces 61 spaces (43 on-site, 18 off-site) PROVIDED
Center REQUIRED
New Outdoor 3 spaces 3 spaces via Parking Exemption Agreement PROPOSED
Seating REQUIRED
1
15. BUILDING HEIGHT: 50 feet MAX. PERMITTED NIA PROPOSED
16. BUILDING SETBACKS: REQUIRED PROPOSED
FRONT: 0 feet NIA
SIDE: 0 feet NIA
REAR: 5 feet NIA
1
i
ATTACHMENT C
Submitted Plans
i
i
i
Let4_03
» x� � � c�O a�a ���a$ m g h3 Via€ � ➢ � n ��/ ] �
4 z a a zKsW
E rel
L gh
i -
I —
rc no
m m
nLjj
��y
LLJ \ \
'� I
j o i
z I
-IV38 0NIYYVO 13
I
i
� efi g {rr41
� ;
r
kill
BMI�'�'.,;t,Y
I f
$� X
f
t
f
i
i
i
ATTACHMENT D
Resolution No. 4338
►
i
RESOLUTION NO. 4338
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN APPROVING DESIGN REVIEW
2016-020 TO ESTABLISH A NEW OUTDOOR SEATING
AREA AND ADD SEATING TO AN EXISTING OUTDOOR
SEATING AREA IN CONJUNCTION WITH AN EXISTING
WINE TASTING AND MICROBREWERY BUSINESS AT
140 E. MAIN STREET, AND TO SATISFY REQUIRED ON-
SITE PARKING THROUGH THE OLD TOWN PARKING
EXCEPTION PROGRAM.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. A proper application was filed by Enrico Pozzuoli of Pozzuoli Winery, Inc.,
requesting to add a new outdoor seating area, add seating to an existing
outdoor seating area, and satisfy required on-site parking through the Old
Town Parking Exception Program a parking requirement of three (3) parking
spaces for the property located at 140 E. Main Street.
B. The project site is located within the Central Commercial (C2) Zoning
District, the Cultural Resource (CR) Overlay District, and the Combining
Parking (P) District and has a General Plan land use designation of Old
Town Commercial which provides for a variety of retail and service
commercial uses including restaurant uses. Pursuant to Tustin City Code
(TCC) Section 9352j3.(d)(3)d, the proposed project requires approval from
the Planning Commission in order to satisfy all or a portion of required on-
site parking spaces through an Old Town parking exception. Pursuant to
Sections 9272 and 9277 of the TCC, Design Review (DR) approval is
required for outdoor seating areas. In addition, the project has been
reviewed for consistency with the Air Quality Sub-element of the City of
Tustin's (the City) General Plan and has been determined to be consistent
with the Air Quality Sub-element.
C. The proposed outdoor seating use is located in association with a
commercial building, along commercial corridor 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 businesses and restaurants in
the vicinity.
D. That 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 in that:
1. The design for the outdoor restaurant area is compatible with the overall
design of the building.
E
Et
{
i
Resolution No. 4338
Page 2
2. The outdoor seating area is included in the parking analysis for the use,
which can be accommodated by a Parking Exception Program
agreement.
3. The outdoor seating area in conjunction with a wine tasting room, as
proposed, is compatible and consistent with development within the
commercial areas of Old Town Tustin. There are commercial buildings
providing similar type of outdoor seating use as proposed within the
immediate vicinity of the project site.
4. The proposed development meets the findings required within Section E
9352j3.(d)(3)d of the TCC to allow for the granting of a parking
exception.
5. The City previously prepared the Old Town Parking Study that
concluded that there is a significant amount of available parking in the
area.
8. The parking exception for this project is consistent with the City's goal of
introducing customer-attracting commercial uses, generating jobs,
increasing the number of persons shopping and working in Old Town
Tustin, and fostering economic development of the surrounding areas.
7. The City's Police Department has reviewed the application and has no
concerns.
E. The proposed project been found to be consistent with TCC Section
9352j3.(d)(3)d which allows all or a portion of a project's required on-site
parking spaces to be met through the payment of an annual fee intended to
compensate the City for the proportional use and maintenance of public
parking based upon the Planning Commission's determination that the
project meets the following findings:
1. The proposed project is an infill prosect located within the commercial
district of Old Town. The proposed outdoor seating use would be located
in conjunction with an existing wine tasting and microbrewery business,
which was an infill project that replaced a retail store in the Old Town
area. The Parking Exception Program agreement, which the applicant is
requesting, would expand the business's capacity but would not involve
additional building square footage.
2. The proposed project is considered to be relatively small. The project
consists of adding a 100 square feet outdoor seating area within the
public right-of-way and adding seating in an existing rear outdoor seating
area. This size is deemed to be relatively small in that the space is
associated with an approximately 1,000 square-foot tenant space, which
is considered a small commercial space.
f
i
Resolution No. 4338
Page 3
3. The proposed proiect has incorporated building or site design
enhancements that make it an outstandinq addition to Old Town Tustin.
The existing building on the property is a unique contributor to the
commercial building portfolio in Old Town Tustin as it is a historical
building constructed in 1925 and is one of the early commercial
structures within the City of Tustin. The proposed outdoor seating area
furnishings and railings are compatible with the existing building, and the
proposed outdoor restaurant seating complements Old Town Tustin's
design and character, and enhances the pedestrian environment.
4. The proposed project provides some onsite parking, but is aesthetically E
superior to one that provided all required parking on site. The property
currently provides five (5) on-site parking spaces for the tenant space.
To accommodate the outdoor seating use, the applicant has agreed to
enter into a Parking Exception Agreement. A total of three (3) parking
spaces are required for the intended use of an outdoor seating area.
5. The project applicant is conditioned to pay an annual fee for each public
space not _provided on site. The applicant is aware of the required
annual fee of $60.00 per parking space established by the City Council.
In addition, the applicant is also aware that the fee is subject to change
as determined by the City Council. The conditions of approval require
payment of the annual fee.
F. The Old Town Parking Exception Fee was established at sixty dollars
($60.00) per space through City Council Resolution No. 12-27 and the
applicant has requested parking exception and agreed to pay an annual fee
for of$180.00 for three (3) spaces not provided on-site.
G. As part of its Capital Improvement Program, the City is in the process of
establishing locations and consistent design standards for parklets that will
be installed within the public right-of-way to accommodate outdoor seating 1
areas along Main Street and EI Camino Real in Old Town Tustin. There
may be a potential location for a parklet on Main Street in front of Cox
Market Plaza. The Community Development Director is authorized to
approve amendments to the Revocable License Agreement and the Parking
Exception Agreement, if applicable, to accommodate additional outdoor
restaurant seating within a future parklet adjacent to the site.
H. This project is Categorically Exempt pursuant to Section 15301, Class 1 of
the California Code of Regulations (Guidelines for the California j
Environmental Quality Act).
2. The Planning Commission hereby approves DR 2016-020 authorizing a new
outdoor seating area, adding outdoor seating and a parking exception of three (3)
parking spaces for the property located at 140 E. Main Street, subject to the !
conditions contained within Exhibit A, attached hereto.
Resolution No. 4338
Page 4
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting on the 14th day of March, 2017.
AUSTIN LUMBARD
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
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. 4338 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission, held
on the 14th day of March, 2017.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
ELIZABETH A. BINSACK
Planning Commission Secretary
i
EXHIBIT A
RESOLUTION NO. 4338
DESIGN REVIEW 2016-020
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans '
I
for the project date stamped March 14, 2017, on file with the Community
Development Department, as herein modified, or as modified by the
Community Development Director in accordance with this Exhibit. The
Director may also approve subsequent minor modifications to plans
during plan check if such modifications are consistent with provisions of
the Tustin City Code or other applicable regulations.
(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 Approval of Design Review (DR) 2016-020 is associated with Conditional
Use Permit (CUP) 2014-02, which was approved under Zoning
Administrator Action 14-001. Conditions of Approval for DR 2016-020 in
this Exhibit shall supersede Condition of Approval 3.6 of Zoning
Administrator Action 14-001 regarding outdoor seating areas. All other
conditions of approval for CUP 2014-02 remain valid and in effect.
(1) 1.4 Approval of DR 2016-020 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 and associated fee are
received by the Community Development Department within thirty (30)
days prior to expiration.
(1) 1.6 Approval of DR 2016-020 is contingent upon the applicant 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.
E
SOURCE CODES
(1) STANDARD CONDITION (6) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY
(4) DESIGN REVIEW ** EXCEPTION I
Exhibit A
Resolution No. 4338
DR 2016-020
Page 2
(1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of
an Administrative Citation pursuant to Tustin City Code (TCC) Section
1162(a).
(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 As a condition of approval of DR 2016-020, 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 applicants 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. [
E
k
(1) 1.9 DR 2016-020 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 DR
2016-020, 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 DR 2016-020.
OUTDOOR SEATING DESIGN & USE
(1) 2.1 The sale and consumption of alcoholic beverages in the outdoor seating
area shall be restricted by and subject to any required State Alcoholic
Beverage Control (ABC) or other applicable license or permit governing
the business establishment. Any outdoor seating area where alcoholic
beverages are sold or consumed shall be enclosed by a physical barrier
and shall be supervised at all times by an employee of the restaurant. No
alcoholic beverages may be removed from the outdoor seating area,
except to the interior of the restaurant. The portion of the barrier within the
public right-of-way shall be removable.
(1) 2.2 The 397 square-foot outdoor seating area includes 100 square feet at the
front of the tenant space and 297 square feet at the rear of the tenant
space. The outdoor seating area must comply with the approved plans
and regulations and requirements set forth in TCC Section 9277. Any
Exhibit A
Resolution No. 4338
DR 2016-020
Page 3
I
significant modifications to the outdoor seating area must be approved by
the Community Development Director.
*** 2.3 The business establishment shall have a maximum of thirty-two (32) seats
outdoors, which includes eight (8) seats in the front seating area and
twenty-four (24) seats in the rear seating area. 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 that it be in a clean condition at all times.
*** 2.4 The outdoor seating area shall be available for use only during business
hours for the wine tasting and microbrewery establishment as specified
under Zoning Administrator Action 14-001 regarding CUP 2014-02.
(1) 2.5 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 seating area shall
not be detrimental to the health, safety, or welfare of persons residing or
working in the vicinity.
(1) 2.6 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.
All outdoor seating areas shall be cleaned on a continual daily basis.
(1) 2.7 All litter shall be removed from the exterior areas around the premises
including public sidewalk areas and parking areas, no less frequently than
once each day that the business is open.
(1) 2.8 An outdoor seating area may have a menu board that does not exceed six
(6) square feet in area.
(1) 2.9 Doors from the main restaurant to the outdoor seating area shall be self-
closing.
(1) 2.10 The outdoor seating area shall not obstruct any fire exit, fire escape, or
other required ingress or egress to any structure or properly.
(1) 2.11 All outdoor seating use shall comply with the City's Noise Ordinance.
(1) 2.12 Adequate lighting shall be provided to illuminate the outdoor seating area,
subject to Community Development Department review and approval.
Exhibit A
Resolution No. 4338
DR 2016-020
Page 4
*** 2.13 Permanent outdoor fencing and furniture shall not be permitted in the
public right-of-way. The applicant shall remove all furnishings and
obstructions to accommodate special events or maintenance of the
public right-of-way upon request by the City.
i
r
*** 2.14 Outdoor furnishings, umbrellas, etc. shall not encroach into the City's
right-of-way unless a license is obtained from the Public Works
Department.
(1) 2.15 All on-site signs, including permanent and temporary signs/banners, shall
comply with the City's Sign Code.
*** 2.16 Prior to issuance of a building or encroachment permit, the applicant shall
enter into the Old Town Parking Exception Program requiring the
payment of an annual fee per space not provided on site that would
compensate the City for the project's proportional use of public street
and lot parking spaces. The cost is $60.00 per space per year calculated
at 1 space per 100 square feet. Three (3) parking spaces are required for
the outdoor seating area of 248 square feet. The Community
Development Director is authorized to approve amendments to the
Parking Exception Agreement, if applicable, to accommodate additional
outdoor restaurant seating within a future parklet adjacent to the site.
*** 2.17 Exterior materials and colors shall be subject to final field inspection by
the Planning Division.
(1) 2.18 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 project, the Community
Development Director may require the applicant to prepare a parking
demand analysis and gear 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.
*** 2.19 In the event that the City implements programs and regulations to
create a parking assessment district(s), the property owner and all
successors in interest shall not contest and must participate in the
implementation of such programs and regulations.
PLANCHECK SUBMITTAL
(1) 3.1 At the time of building or encroachment 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.
i
Exhibit A
Resolution No. 4338
DR 2016-020
Page 5
I
*** 3.2 Prior to any permit issuance, the applicant shall enter into an Outdoor
Restaurant Seating Area Revocable License Agreement with the City's {
Public Works Department.
(1) 3.3 Prior to any work in the public right-of-way, an Encroachment Permit shall
be obtained from and applicable fees paid to the Public Works
Department. The applicant shall submit to the Public Works
Department, for review and approval, construction details for the
proposed outdoor fencing and furniture within the public right-of-way.
(1) 3.4 Current Federal Americans with Disabilities Act (ADA) requirements
shall be met at sidewalks adjacent to the site. A minimum of four (4)
feet of clearance shall be provided. The final wood railing and bench
locations within the public right-of-way shall be determined by the Public
Works Inspector in the field.
(1) 3.5 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 sixty-five (65) percent 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) 3.6 Any damage done to existing public right-of-way improvements and/or
utilities shall be repaired to the satisfaction of the City Engineer prior to
final permit inspection.
i
(1) 3.7 The applicant is responsible for all costs related to the installation,
upgrade, alteration, relocation or abandonment of all existing City of
Tustin public water facilities affected by the proposed project.
Exhibit A
Resolution No. 4338
DR 2016-020
Page 6
(1) 3.8 The applicant shall submit to the Public Works Department, for review and
approval, construction details for the proposed outdoor fencing and
furniture within the public right-of-way. Permanent fencing and furniture
are not permitted in the public right-of-way.
*** 3.9 Photographs and/or manufacturers' brochures depicting the proposed
outdoor tables, chairs, umbrellas, trash receptacles and other proposed
furnishings shall be submitted at plan check for review and approval by
the Community Development Department.
(1) 3.10 A Certificate of Appropriateness, issued by the Director of Community
Development, shall be required at the time of building permit issuance.
(1) 3.11 Prior to issuance of a Building Permit, the applicant shall provide written
approval from the East Orange County Water District (EOCWD) for
sewer connections for the additional seating.
(1) 3.12 Prior to issuance of building permit, Orange County Environmental Health
and Orange County Fire Authority approvals may be required.
i
FEES
(1) 4.1 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 and Public Works permit fees.
b) Applicable parking fees as required by Ordinance No 1416.
(1) 4.2 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.
I
i