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HomeMy WebLinkAboutPC RES 4338 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 935213.(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. 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 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. 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. 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 project 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 promect 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. Resolution No. 4338 Page 3 3. The proposed voiect has incorporated building or site desi n enhancements that make it an outstanding 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 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_proj-ect 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 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 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. 77/ AUSTIN LUAA Chairperson ELIZABETH A. BfNSACK Planningi 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 C ) 11'w AYES: Kozak, Lumbard, Mason, Smith (4) PLANNING COMMISSIONER WE& PLANNING COMMISSIONER ABSTAINED- Thompson. PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary 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 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) 1.5 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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION 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. (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 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 property. (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. *** 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 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. *** 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 participate in a fair share contribution (for all public parking space allocation) 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 Exhibit A Resolution No. 4338 DR 2016-020 Page 5 Tustin. *** 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. (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. (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. 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.