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HomeMy WebLinkAbout03 TEA SHOP_CAFE 330 EL CAMINO REAL • AGENDA REPORT ITEM 43 MEETING DATE: AUGUST 8, 2017 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2017-08 & DESIGN REVIEW 2017-006 APPLICANT: PROPERTY OWNER: MICHAEL FOX JOANNA BAKER FOXLIN ARCHITECTS EJM PROPERTIES 392 CAMINO DE ESTRELLA 11021 WINNERS CIRCLE, SUITE 200 SAN CLEMENTE, CA 92672 LOS ALAMITOS, CA LOCATION: 330 EL CAMINO REAL 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. .. ■ r • rvp. PC Report August 8, 2017 CUP 2017-08 and DR 2017-006 Page 2 REQUEST: A REQUEST TO REMODEL THE INTERIOR AND MODIFY THE EXTERIOR OF AN EXISTING 1-STORY COMMERCIAL BUILDING TO A RETAIL STORE/TEA SHOP & CAFE WITH OUTDOOR SEATING; TO ESTABLISH AN ALCOHOLIC BEVERAGE SALES ESTABLISHMENT IN CONJUNCTION WITH A BONA FIDE EATING ESTABLISHMENT AND. TO SATISFY REQUIRED ON-SITE PARKING (SIX (6) PARKING SPACES) THROUGH THE OLD TOWN PARKING EXCEPTION PROGRAM. RECOMMENDATION That the Planning Commission adopt Resolution No. 4346 approving Conditional Use Permit (CUP) 2017-08 and Design Review (DR) 2017-006-to authorize modification of ` an existing commercial building to a retail store/tea cafe with on-site beer and wine (ABC License Type 41), an outdoor restaurant seating area, and a parking exception of six (6) parking spaces for the property located at-330 EI Camino Real. APPROVAL AUTHORITY 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. Pursuant to TCC Section 9233b(1) and 9232b(2), the Central Commercial (C2) Zoning District permits on-site alcoholic beverage sales in conjunction with a restaurant subject to the approval of a CUP. Pursuant to TCC Sections 9272 and 9277, design review approval is required for changes to the exterior of existing structures and for outdoor restaurant seating, areas. BACKGROUND Site and Surrounding Properties The property is located within the C2 District and the Cultural Resource-(CR) Overlay District with the Combining Parking (P) Zoning District. The General Plan land use designation is Old Town Commercial which allows for a variety of retail, professional office, service commercial, and other uses which support the land use. The subject property is located on an approximately 4,792 square foot lot and improved with a 2,689 square foot, single-story building (Figure 1). J PC Report August 8, 2017 CUP 2017-08 and IDR 2017-006 Page 3 u Figure 1: Zoning Map and Aerial F- Q Z w , : �THIR�a SUBJECT PROPERTY r r� PC Report August 8, 2017 CUP 2017-08 and DR 2017-006 Page 4 All surrounding uses to the project are commercially zoned and also lie within the C2 District and the CR District with the Combining (P) Zoning District. DISCUSSION Project Summary The applicant is requesting authorization for on-site alcoholic beverage sales for beer and wine (ABC License Type "41") in conjunction with a combined retail store and tea shop & cafe located in an existing building of approximately 2,689 square-feet, as shown in the submitted plans (Attachment C). The proposed retail store and tea shop/cafe includes a retail sales area of 1,179 square-feet, an interior cafe dining area of 701 square feet with 38 seats and an outdoor cafe seating area of approximately 436 square feet with 26 seats. The portion of the building closest to the street will be the retail store and the tea shop/cafe will be located behind the retail store in the same building. Both uses will be.interconnected and will operate as one business under the name of"Morning Lavender". Building Addition and Modification The existing single story building was constructed in the early 1970's, which coincided with the establishment of Kelly's Cards and Gifts in 1971. Kelly's Cards and Gifts was located at the site from 1971-2015. 'Since 2015, the building has been unoccupied. The front facade of the existing building includes beige bricks, an orange Spanish tile parapet roof and large Spanish wrought-iron Ianterns that hang in front of wood framed arched glass windows at the front entry. The rear fagade has a flat roof with exposed roof top mechanical equipment, beige bricks and rectangular glass windows. The building abuts a public alley and existing landscape planters separate the building from the alleyway. The proposed project does not include any additional square footage. The applicant is proposing to remodel the existing interior floor area and modify the exterior facade of the building. The existing arched windows, front entry doors and portions of the brick wall on the front facade will be replaced with wider, rectangular wood framed windows and front entry. The existing Spanish tile parapet roof will be removed and replaced with a stone cap and block molding along the top perimeter of the building. New block veneers will be added to the front elevation to provide articulation and the existing bricks on the front, side and rear elevations will be painted white. A decorative awning and modern brass signage will be added to the front elevation. (Figures 2 and 3). PC Report August 8, 2017 CUP 2017-08 and DR 2017-006 Page 5 .77 JL --4 Ll ;Lj .1 01 7 0 VV ; w kL I- Figure 2: Site Plan —kFWAWMNG DOORS AND WINDOWS TO BE REPLACM BRASS SIGNAGE ISSF NEW BLOCK s1OIllING WRIT 'IC BACKUmin ay En M, -WMFACJNGU=VENEER ff3l -(II BLOCK TOBEPARTED MUM RNSEDPLAWERS F–a-2- 4- 17iF- ti ESI ME 1! Figure 3: Front Elevation One of the most significant proposed exterior changes is the removal of the existing Spanish tile parapet roof and the installation of the stone cap and block molding at the top of building. The conversion of the existing parking spaces behind the building and the establishment of an open courtyard with outdoor seating for the tea shop/caf6 are also proposed. Umbrellas are proposed over the outdoor seating area for shade and ambiance. PC Report August 8, 2017 CUP 2017-08 and DR 2017-006 Page 6 Alcoholic Beverage Sales The sale of beer and wine for on-site consumption can be authorized in conjunction with a "bona fide" restaurant use in conformance with the City's Alcohol Beverage Sales Establishment Guidelines (Guidelines) as amended by the Planning Commission and adopted by the City Council on May 21, 2001, and the applicable zoning code regulations. Pursuant to the Guidelines, a restaurant use is defined as: "A retail establishment that sells food and beverages prepared on the site, where customers are served for on-site consumption." At least 80 percent of the premise's seating shall be designed and used for food consumption and must possess the necessary utensils, table, service, and condiment dispensers with which to serve meals to the public. Also, the gross annual sales of food must exceed the sale of alcohol. According to the applicant, approximately 75 percent of sales are estimated to be from food and 25 percent from beer and wine. The sale and consumption of alcoholic beverages is proposed within the interior restaurant space and the outdoor patio area (Figure 4). Resolution No. 4346 contains conditions that are consistent with the Guidelines for on-site sale and consumption of beer and wine in conjunction with a restaurant. x IZ ---- -, 6 •Y j j �I (V/ n 4 EEJ mwF, e-o v.r Se•P I wm.•w I I Figure 4: Floor Plan PC Report August 8, 2017 CUP 2017-08 and DR 2017-006 Page 7 Outdoor Seating Use Outdoor seating is to be [ocated behind the proposed retail store and adjacent to the-tea shop/cafe in an area that was previously utilized for parking (Figure 4). The proposed outdoor seating area includes eleven (11) tables and twenty-six (26) seats. Landscaped planters are proposed around the perimeter of the seating area with entry/exit off of the alley. Resolution No. 4346 contains conditions that are consistent with TCC Section 9277 for Outdoor Restaurant Seating Areas. Hours of Operation The applicant is proposing retail store/tea shop & cafe hours of operation from 9:00 AM to 11:00 PM, Sunday through Thursday and from 9:00 AM — 12:00 midnight Friday and Saturday. The outdoor seating area would have the same hours of operation. These hours are consistent with the characteristics of other restaurants in the vicinity and would be consistent with outdoor restaurant seating requirements detailed in TCC Section 9277. PARKING To accommodate the proposed use for the existing building, five (5) parking spaces, located behind the building will be converted and reconfigured for outdoor seating. The property will provide one (1) ADA van-accessible parking space for the proposed restaurant. Per TCC Section 9263, no additional parking is required when a restaurant replaces retail, service or an office use on a property located within both the Central Commercial (C2) and the Old Town Commercial General Plan land use designation. Since no additional parking spaces could be provided on-site, the applicant has agreed to .enter into a Parking Exception Program agreement to accommodate the five (5) spaces that are removed. The current cost is sixty dollars ($60) per space, per year or $300 per year applicable to the project. Parking Exception On April 3, 2012, the City Council adopted Ordinance No. 1416 providing an additional parking exception for the commercial portion of the CR District. This Ordinance provided an exception to the on-site parking requirements by allowing an applicant to pay a fee to satisfy the number of required parking spaces not provided on site. 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. The Program is typically associated with new development within Old Town; however, the proposed project is changing the use of a property and meets the intent of the Program. PC Report August 8, 2017 CUP 2017-08 and DR 2017-006 Page 8 The applicant has opted to pay for five (5) parking stalls that are removed at sixty- dollars ($60) per space annually in lieu of providing parking spaces on-site. Participation in the_City's program will require an annual fee of $300 which reimburses the City for parking maintenance fees (as determined by City Council Resolution No. 12-27). The following list of required findings 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 business is located within an older building, constructed in approximately 1971, that has been utilized as a continuous retail use since its original construction. The Parking Exception Program agreement, which the applicant is requesting, would provide greater flexibility in use and would aid in the conversion of this building to a new retail storeltea shop & cafe use, which is anticipated to draw business to Old Town Tustin. Finding 2: That the proposed project is considered to be relatively small. Response: The project consists of an existing 2,689 square foot building on an approximately 4,792 square foot lot. This size is deemed to be relatively small in the realm of Southern California commercial real estate. Finding 3: That the proposed project has incorporated building or site design enhancements that make it an outstanding addition to Old Town Tustin. Response: The existing building is an older commercial building dating from the early 1970's with a mixture of design features that limits the building as a viable retail use. The proposed project includes the remodel of the existing interior floor area and modifications to the exterior fagade. The proposed exterior building modifications and the addition of outdoor seating will modernize and upgrade the building and will complement 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. Response: The property currently provides six (6) on-site parking spaces for the retail use, but five (5) of these parking spaces would be removed in conjunction with the proposed retail store/tea shop & cafe use. To accommodate the new use, the applicant has agreed to enter into a Parking Exception Agreement. A total of five (5) of the required spaces that are proposed to be removed would be satisfied through the Parking Exception Program agreement. Per TCC Section 9263, no additional parking is required when a restaurant replaces retail, service or office use on a property PC Report August 8, 2017 CUP 2017-08 and DR 2017-006 Page 9 located within both the Central Commercial (C2) and the Old Town Commercial General Plan land use designation. Finding 5: That the project applicant shall agree to pay an annual fee for each public space not provided on site. Response: The applicant is aware of the required annual fee of sixty dollars ($60) 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 customer-attracting commercial uses, replacing underutilized and vacant parcels, 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 five (5) parking stalls is appropriate for this proposal. FINDINGS In determining whether to approve the CUP for the on-site alcoholic beverage sales and an exception to the required parking, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin; and that the project meets the required findings for a parking exception as identified in Section 9352J3(d)(3)(d) of the TCC. In determining whether to approve the Design Review for outdoor seating, the Planning Commission must determine 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 proposed sale of on-site alcoholic beverages in conjunction with a new retail store/tea shop & cafe use is allowed within the C2 District with the approval of a CUP (TCC Section 9233(b)1 and 9232(b)2). PC Report August 8, 2017 CUP 2017-08 and DR 2017-006 Page 10 2. Pursuant to TCC Section 9271(dd), bona fide restaurants with on-site alcoholic beverage sales are exempt from distance separation requirements to residential uses, sensitive uses, and other alcoholic beverage sales establishments. 3. As conditioned, the proposed on-site consumption of beer and wine (Type 41) is consistent with the Guidelines as amended by, the Planning Commission and adopted by the City Council on May 21, 2001. 4. The existing and proposed on-site consumption of alcoholic beverages would be in conjunction with a tea shop & cafe use where food will be served at all times when alcoholic beverages are served. 5. The proposed remodel and modification to the building and the outdoor .restaurant seating area is compatible with andi will be an enhancement to the overall design of the building. 6. The outdoor restaurant seating area can be accommodated by a Parking Exception Program agreement. 7. The retail store/tea shop & cafe is located within a commercial building and a commercial corridor along EI Camino Real where a variety of retail, office, and restaurant uses are located. The allowed hours of operation of 9:00 AM to 11:00 PM, Sunday through Thursday and from 9:00 AM — 12:00 midnight Friday and Saturday are consistent with the characteristics of restaurant uses, and hours of operation of the restaurant would be similar to other restaurants in the vicinity. 8. The retail store/tea shop & cafe, as proposed, is compatible and. consistent with development within the commercial areas of Old Town Tustin. There are commercial buildings providing similar types of uses as proposed within the immediate vicinity of the project site. 9. 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. 10.The City previously prepared the Old Town Parking Study that concluded that there is a significant amount of available parking in the area. 11.The parking exception for this project is consistent with the City's goal of introducing customer-attracting commercial uses, replacing underutilized and vacant parcels, generating jobs, increasing the number of persons shopping and working in Old Town Tustin; and fostering economic development of the surrounding areas. ` 12.The City s Police Department has reviewed the application and has no concerns. PC Report August 8, 2017 CUP 2017-08 and DR 2017-006 Page 11 ! Gt[ Erica H. Demko icz, AICP Elizabeth A. Binsack Senior Planner Community Development Director Attachments: A. Location Map B. Land Use Application Fact Sheet C. Submitted Plans & Colored Elevation D. Resolution No. 4346 ATTACHMENT A Location Map 1 • 11 • 11 • Mill y i •5 r1v 1r.4,14 R • 1!! . '. 07 vok. As e _. aao � r a y .eli•S .G �r' � .� �� ��i' aL. MI n.:.halo$I v , (A y� v ' f l e^ VA anvil .+tom ly ATTACHMENT B Land Use Application Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): DR 2017-0061CUP 2017-08 2. LOCATION: REMODEL OF EXISTING BUILDING FOR NEW USE 3. ADDRESS: 330 EL CAMINO REAL 4. APN(S):401-573-02 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: UD 10-0003-HYDROPONICS & INDOOR GARDENING SUPPLY STORE (DENIED) BUSINESS LICENSE FOR KELLY'S CARDS &GIFTS- 1971 -2016 6. SURROUNDING LAND USES: NORTH: COMMERCIAL SOUTH: COMMERCIAL EAST: COMMERCIAL WEST: COMMERCIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: C2-CENTRAL COMM ERCIALICULTURAL RESOURCES (CR) DISTRICT &PARKING OVERLAY SOUTH: C2-CENTRAL COMM ERCIALICULTURAIL RESOURCES (CR) DISTRICT& PARKING OVERLAY WEST: C2-CENTRAL COMMERCIAL/CULTURAL RESOURCES(CR)DISTRICT& PARKING OVERLAY EAST: C2-CENTRAL COMMERCIAL/CULTURAL RESOURCES CR DISTRICT&PARKING OVERLAY 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: OTC-OLD TOWN COMMERCIAL SOUTH: OTC-OLD TOWN COMMERCIAL EAST: OTC-OLD TOWN COMMERCIAL WEST: OTC-OLD TOWN COMMERCIAL 9. SITE LAND USE: A. EXISTING: 1-STORY BUILDING B. PROPOSED: REMODEL OF EXISTING 1-STORY RETAIL COMMERCIAL BUILDING AND COVERSION OF EXISTING PARKING LOT INTO OUTDOOR PATIO FOR RETAIL STOREITEA SHOP. C. GENERAL PLAN: OTC-OLD TOWN COMMERCIAL PROPOSED GP: SAME D. ZONING: C2-CENTRAL COMM ERCIALICULTU RAL RESOURCES DISTRICT&PARKING OVERLAY L PROPOSED ZONING: SAME DEVELOPMENT FACTS: 10. LOT AREA: 4,792 SF APPROX.(BUILDING AREA: 2,689 SF) 11. PARKING: I STALL PROVIDED; REQUIRED PARKING: 6 EXISTING STALLS(5 TO BE REMOVED WILL BE SATISFIED THROUGH PARKING EXCEPTION PROGRAM) 12. TENANT IMPROVEMENTS: REMODEL OF EXISTING 1-STORY BUILDING AND CONVERSION OF THE OUTDOOR PATIO AREA FOR A NEW RETAIL STORE/TEA SHOP ATTACHMENT C Submitted Plans & Colored Elevation /I\ Al r-1.) F Q n ... 00 vot f OUo . F .; L "IM inri �ffi�3�g �� �_ ai��e, .7� Y x! �_�'��• Y 3 4�.' .- 63 k ; su•,a E� �"�. EEEiggF�.'$gS 76a '� 3Sg yiAee€ S p3o�n 55pqq�^ ny rrn5 f 'fir sg R- P ei m9g -- sim p7n :zP4HU adsg3 em- a i PHI y - d Sid ;y xmm E m n aga gg A m �e' � $ Via'"-]pl Ll9 3 n) 13 p�� RAP mF " g p z 9 m 5mK m mgr y, 12 GENERAL RO1EA Pl5!:.A ILDRAW1H(IS mF,R:NSKSNw GP+IFRN 2 M.1151MPNSII,,N3 ARE t0 0 0 0 0 0 o I o I o p i FACE aF3 KTUHE fFp81. 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BE BY THE UNFORESEEN comoRRINs Tc ARIREVIEWED PRIOR TO ENTRAL a PROCEEDING WITH CONSTRUCTION.CLOSURE 0,DRAWINGS REPRESENT DESIGN LNrENI cokmkcrmmsO=LE raRmEmsANDmI 6 ADA PARKING 7 7.9314. F{T7INO RM b 1p Ent 521132'L r-910 6 1'71 in 1? 0YfAae�No0 RETAIL STORAGE AN OMEN 3 RR V-siv -0lEA LOY IQ REGISTER 6 CA 4'.7 14'-9518' M-ft U-1— 3mac" OREAL TUSTINLCA9N2780 SERVICE COUNTER CUIDn 4-0' IDIMRaaHcuvcnoFx a- T �r%fl RAM 1 000 q pq .......... 4BI PROPOSED W-ll4' N ALL INDOOR WATER MMITIES MST INCORPORATE THE FixTURE FLOW • ALL DOORS AND WINDOWS DIMENS ION ED mmurAcTuRcDOOORSAND INDOWS PROVIDEWOODSLOCANGAS �WALLFRAMINGsRALLBE� RATES OFSECM N&30-SEE A�12FORI:ALGREEN NOTES TOCENTERLINEOPCLEAROPIENING.ALL SHALL BE CERTIFIED AND LABELED REWIRED AlALLWALL BASE Q ALZ�OC�6M NiI U.O.N. LEGEND KON-DIMENSIONEDWINDOWSTO BE INDICATED COMPLIANCE WITH THE INSTALLATIONS.REFER TO DETAIL M=DSHALLOE CENTERED I IN THE CLEAR OPEN ING.WHERE APPROPRATE INFILTRATION STANDARDS, aNEETsFaRwxuuASzUzTALS. WTMIMTYFEWU.O.N. WATER EFFECTIVE FLUSH VOLUME SHALL NOT sewn o LOCATION OF WNDOWSAND DOORS ARE CAULK PLUMBING AND ELECTRICAL PROVIUEADDIHONAL PLYWOOD ALL GYPSUM ANDIOR PLASTER C:= EXISTING WALL CLOSET: Excem128ux.LoNSPERFLUSH. NOT DIMENSIONED,THEY SHALL BE PLACED PENETRATIONS.ALL WINDOW DOOR SHEATHI NO ON ALL WALLS TO RECEIVE SURFACES SHALL BE SMOOTH, 3r FROM F.O.riNIiTwALLAS FRAMES,BETWEEN WAIL SOLIEPLATES AND PLYWOOD SHEAR.WALL SHEATHING TO comnNuouI r SHO�RHEAD SHALL HAVE A MAXIMUM FLOW RATE OF NOT CASEWORK FLOORS AND ALL OTHER OPENINGS IN THE COMPLETES)FLUSH OUT SI mpcRrECTIONS.AND WITH NO C=== 2"WALL MORE THAN 10 GALLONS P MINUTEALT&D • ALL CASEWORK DIMENSIONS To FACE OF ENVELOPE SURFACE(S)ADDITIONALSKEATHING 'A$ISLCJOImTS'Un'N. Ps AND ASHALL BE CERTIFIED TO THE RSENSE FINISH. ALL EXTERIOR OPENINGS(AND OPCMNGS a HALL EXACTLY MkTr H THE THICKNIFIRS SOUNDPROOF ALLAREAS OF PERFORMANCE OF THE U,&EPA WATE • ALL INSULATION mATERi�sKALL BE BETWEEN HEATED AND UNHrATEO OF THE SHEARVALL SHEATHINO NEW CONSTRUCTION,INCLUDING CMU WAIL SPECIRCATI NFORSHOWERHEADS, CERTIFZDsYTHzMAHuFACTuRERAS SFKLBE PROPERLYWFATHER-II REQUIRED,ADDAMI SHEAT ING ALL WALLS AND FLOORS COMPLYING RH THE CALIFORNIA CUALITY 0FRRFI ED AMID LAZELEDI VINYL SHALL CCWIMjE ALONG Wk.L U AFFECTEDSYRI SHALL HAVEA MAXIMUM FLOW RATE OF"I.5 • 1713 WITH LAVATORY GALLONS PER MINUTE ATGOPSI AND A STANDARDS FOR INSULATION MATERIAL BEAD TYPE WEATHER s PPiNaAT7HESE JUNCTION WITH A PERPENDICULAR PRovioEcI AAA FOR CEZZ4 SLUMP BLOCK WALL FAUCET. MINIMUM FLOW RATE OF 3A GAUjON3 PER DOORS WINDOWS BETWEEN EO DDCRSANDWNDOW5,ALLSI SOFTHE WALL OR END OF WALL,OR AS wA,reR H�TERWA 12'FOR M 240 CONDMION18oARDUNOMOTTION SPACE ODOR MUST BE WrATKERSTR'PVFD, DIRECTEDRY DESIGNER BOTTOM OF THE COMPARTMENT INUTEAT20PSI. 8 NAIL BE FULL wEATmER-8TRlPP,ED. INCLUDINGRACTHRESHOLD. SLOPE FRAMING OR PROWDEABS LIN ES TO BE PROVIDED FROM ALLcEcKSuRFACESSKALL BE ELOPEDA CAULK AND SEAL OPENING IN BUILDING OIECKINGAUBSTRI AS RE13URED TO SINKS.SHOWERS,LAUNDRY,AND -------- OVERHEAD KITCHEN SHALLHAVE A MAXIMUM FLOW RATE OF 2.2 711912017 lQ1347AM, Annimum OF 1/4'?FR FOOT,U Q� EXTERIOR ifr OR GREATER TO PREVENT PROVIDE SLOPES AS INDICATED AND TUBS TO 13REYWATWFR TANK.NO FAUCET: GALLONS PER MI NUTE AT 60 PSI • ' LADOORS ONLYMOPER NRINILTRATION. POSITIVE DRAINAGE TOWARDS BRAINS. KITCHENS AND BARS TO CRAINTO • w—I OUTWARDS IF EXTERIOR DOOR LANDING IS WHERE REou RED,PROVIDE MINI MUM STUCCO OVER WOOD SHEATHING GREYWATFR D.3. DDwN5POU7 NOT MORE THAN a SLOWER THAN THE INSULATION OF A-1 3 AT ExTEROR WALLS, SHALL INCLUDE TWO LAYERS OF GRACE R SHOW. AND R30 m ROOF AND CEILING AREAS- -D'SULDING PAPER- o!�mLrtn�FaluYB T.wo A-10 GENERAL NOTES t.DO NOT SCALE DRAWINOR DIMENSIONS DOVEWI. Z.ALL C IMENSIONS ARE TD FACE OF STRUCTUPE(F.O.S.1 uN1ESS CITHERNME NOTED. aALL DMENSION9 SHOULD BE VERIFIED ON SITE BEFORE PROCEEDING WITH THE WORN 4.AS$u1LT CONDRgN5 TO BF VERIFIED. OSSTNovNaFDTa aLRE1Ma4EC 3,ANY INCONSISTENCIES OR I UNFORESEEN CONDITN7N3 TO SE REVIEWEDBYTHE MCNITECTPRtORTO PROCEEMNOWITH �1 �.. .. y� .t,.. •',,�, - �5,�. .,� ,+.� .F �y,y� ..�y� ,;�-J�, k 1 r ,r n,rY,r E� CONSTRUCTION. l.gy ( y_•,-• 'Sx- c,{. '{' 7r•,C.`+eC "V' : YiS'.�!]hl V YJ�rrt .�' '�` �S'�Y`/'>V'. 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E.DRAININOS REPRESENT DESIGN INTENT ONLY. I 00MIRACTOR RESPONSIBLE FORMEANL9 AND IVERIOOS. I +r-rrne•�....ms.P . I HVAC I I OX I I 1^1 • I I � 1 I I �Hutn•`I' M•me10IV� N]R MJ•b 1 I 1'•or�nrn..�,d 4r�l� I Lw NOTE;EXISTING ROOF TD BE +I ROORNGSYSTEM-NOUB 0 L I I f2OfB LI I wr 4 � I Z I I I AO Et CAMINO REAL MTIN,CA92750 CUIDG I �IMANDIA'/L�Ot• I - HVAC I I InrAc Nvac I Ir•r I PROPERTYLINE A9 IhdrA•NOR" cPR•1PP:BaR I I I I m Reef Rnn , 1u••ra- N LEGENC C D 1.ALL ROOFlNG MAMMA=ZFbkLL MEET OR EXCEED RNIP y4�b MASSA-RECIUMEMENT& 1RUI. C=== EXISBNG WAIL 2.ALL ROOF SURFACES SHALL BE SLOPED MM MUM OF 104•PER FOOT,UNLESS OTHERWISE ROOT Plan NOTED. C=== 2X4 WALL 3.PROVIDE S%YUGHT CURBS AND SUPPORTAS REDUIREO BY MANUFACTUFtFft INCLUDING MN" EMU WALL SLOPE NEOUWEMENTS. 1713 4.SLOPE FRAMING OR PROVIDE " 24X31 ® SLUMP BLOCK WALL DECRINWUBSTRATE AS REOWRED TO PROVIDE SLOPES AS INLIICATEDAND POSITIVE DM NAGE TOWARDS DRAINS. 711912017 49:131.19 AM ________ OVERHEAD • 2Avl FIrP 0'a oowNSPGu1 n.Ra1 Nd. � • A-]0i GENRRALNOTES 15 I3 1,DO NOT SCALE DRAWINGS. DIMENSIONSGOVERN. NEW AWNING I 2.ALL DIMENSIONS ARE TO [e}DOOKS AND WINDOWS TO BE REPLACED BRASS SIG NAG E!IS SF NEW BLGCK MWLDING PACE OF STRIIGTLRE WIT"BA=GHnNG I IINLES90THERWISE NOTED. P� 3.ALLDIMENSIONSSHOMD B �_ _ RearP- E VERIFIED CN SITE BEFDPE 7�7 - I fa-B' PROCEEDING WITH THE WORM t he .rte s� CAS-BLILTCONOITKINSTO61 VERIFIED. FACING BLDCK VENEER 6,ANYINOONSISTEN O F3 1JNFORESEEN CONDITIONS IONST TO BE REVIEWED BY THE A AROEOT PRIOR TD 1 PROCEEDNOWTH OONSTRIICTION. a' ()BLOCKTOBEPANTEDWWTE 6.DRAWINGS REPRESENIT I OE CN INTE ONLY, yr.•s- ESPONSIBLE S 1 ��•{7�,'+IiAI5E0 PIANTEFRL9 CONTRACTOR R r� FOR MEANS AND METHODS. Graed yy y� � Easl€bwfion f�/l �1 1�� 3� _ _ _ _ (ej BRICK TO BE PAINWH TED ITE {eJ BRICK TO BE PANT1 ------------.1 _—_—_—_—_—_ __ ____ _ _ED WHITE —VF DMBRELLAS P 1 NEWSLOCKMOLDINO l.I DOORS AND WINDOWS TO BE REPLACED BRASS SIGNAGE:IDSF NEW OPERABLE FACADE s'.1' adn qu pMP -—- - _ -—- -—- —WIT"BACKLIGHTNG- _ rwfafoei onaa. row fam 7T f'r�'. 'Y_. I I III li EIII 1 I cA , s i i I IIT II I, ►-ft LweMW v�uB}61 mo EL cAMINO REAL ID$DN,CA MAO � Sa+N EHNallon 411'e 1'-0' CLIENT fppn�� KWn�04VWGR ..i_ .--_—_---_—_-----_--(a)CN11TOBEPAINTEDWHITE �_--{—_-----_------ - -T- IAT encYt-M -Mellor _-----------------------------� O Wast FI-d- - 7 NEW STONECAP 1{ 1A'a 1'-0• ! I� NEW BLOCS MOLDING — -- —- _—_—_—_—_—_—_—_—_—_—-—_—_—-—_—_—_—_—_— I _ uwi. na-a+aswmna )Q.RI TO9E PAINTED WHFF� I - - - -tomL � ..T T ..,,.��rT -7—. Hevalfons �z -�` rte, T Yr�Y ir� 64M1w x„Ee 7f7./1c171:1225 PM T—;_^� ------------------------------------------------ 1 Nm El.— A-201 1f6'•1'-0' rneuAE NDrze i'l SA:MLE 0. INf{9 41pMfi �.I.vfil'IYEkN Al I DIMENSIONS ME TO I A:.E OF 9gm,XT IF P9). l m,s OT,� WISE ROTED ,I ALI.DIMENSIONSSMOMO 6E V M;C)ON SrtE SEFOM PROGEEOINl.RN THE Wn&k - Y GON II STO& { uC. SNIZIIT1n1E5 OR til'A[l N CE( .11N5 T( F WED NY TT WlIII �. -i� nI1 M1 .:� RGf RE Sf NT E VT ONI.v WA--O ICTIVOCS ox n erg: F ie. Halla- A-90 GENERAL ROTES f1CUS MYGAOfAMPA.ORM OEM E1¢TIXG SIOEWALX SEDUM RLPESTRE ANGELIWIGO NOT SCM.E t~'NGS YRllk. ME MIME C—THM wESTgrNa;M iquili:.OSA'MLINO' WE9TRINOU FRlRIC09A LIVIdIT ESSTTXO LANDSCAPE AREA J ALL UIMFNSION MF TO —.. _ ...._ .___..... ... _..__—.. PROPOSFO FACE OF$TRLM:TLIRE[F O S Y. —' .. .. PR INMNA LE39OTNERwLvq NOTED vELWVSECAROL.N 3. ALl UIMtNgI[w5 S+�KM11n TER HE VERIFIEOpN TN€F AS BUOL- --ter ����•� ��_ REMOVABLE P1.AMTERS 4AS#EIX PROPERTY LM �« --- I` a RiFIFOICONLFIIVfN15 TO BE y VF'RIFIED ------•- -- $A.WSEV1ERtA rRKA9l;UTA TAVRENTII' S LVf:*NCON515TF W.;IES OR EWISTING PAYTNO RN REIE.F.fil Il['IiC N5 TD Pgt4`F R I' ..,..... RE RE W EWER BY IFIE PROPOSED 3E PILAWER ARCFIITFET PNIOP iO - i . r PR(K:EEDIN(3 WITH � ��I 40N5TRIX:rIfiN L ,I EMSTPIO SOPTSG T- 1 B UMWINTE NFVNP SFXI DESIGN INTENT dAY PROPOSED lm b _ COXTRAErpR REST'ON5191E PLANTER WIN _ fOR MEAhISNO METFNxk TREEESTRyD 9TIRET TREE PF'O'OSEP I i ONEP fF It V/� � . ECHCVERIA'AfTEROLIT x in�s I Ef49TNW PwWNO I 1 t y 11 0 Y ii'TI/ AIS I CMT..P.. ASPARAGUS OEXSElORLS TMYER3' FVRGRAEAFDETIOA'I.CIXO PICTA' Sf wlA HAWIIRATTEIJUATA'Y1IE FLAAC wllH SEIXIII ADOLPFaI'FLiE$FORM" /.l LIMKAOA Plm OWI—1PYFi 9 l`J tM••rOr RFtr _ COVRTVMROP,Mnk0PA rlP IFl — I lwandr I .e.Pr A.I t J311N anF'Y. ASI'AHAOuS UEMSIFlORIRi IMIER8' I CUM fIL1.IR MPRCIf'.AFIPA'EiREEN 6ErIPRfsP<rN FG '^ _.. PERMANENT PIAwr(q Proposed Landscape Area �E�r ""I lar ASERTA -__... PRC1POf EP ® �?SF Wf:STWSKIA FRIlTICASA TAIwVOIr REMDVAML.E cLMTERS NEW HARDSCIIPE � ° ec11EVERIA'AfTERTxsw ■NEW PLANTERS 304 SF NEW SOFTSCAPE ALMVE sXwwn awrTEXVArA'eLME FIAME' 81 SF MUMvARRtNp eAAp.wciT+vYCAN 'Nmtl� REHABILITATED TidOPERTY SOFTSCAPE 147 SF SEOLM AOOLPFSI II.TOIiYT A•,P I I g I � PROMS CARIXANIANA I U MPIANAM A �. I ® FVRCRAFA1MED1 ..POET1D40 PIOTA' CtiiAPAN({RROLMM:O I F(;tR ADA ACCFSSIIIfLTTY I ® f.T18TRq PAW NO I � � 3EDUMRUPCSTRE'ANGELINA' I , I { w_EwA4TwpSOtrAGwt F1WMT PLAMTIER PLAIFTWO PALETTE _ ArwiM ■ PRIMA/8[NHMI.INtANA •'+ ^ n^^LUfI j I,Glutr`i'lan EuSTIMT.fitNEF T L SANSf WIFRIA TRIFAS(:IATA'I AUR�NNI ti •, r .. r 1. ..i'I i 1.1 . 1I.A. E-CTiEVERN'AFTERiA.OW' I L-1 ATTACHMENT D Resolution No. 4346 RESOLUTION NO. 4346 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 2017-08 AND DESIGN REVIEW 2017-006 TO REMODEL AND MODIFY THE EXTERIOR OF AN EXISTING COMMERCIAL BUILDING TO A RETAIL STORE/TEA SHOP & CAFE WITH OUTSIDE SEATING AND AUTHORIZE ON-SITE ALCOHOLIC BEVERAGE SALES FOR BEER AND WINE (ABC LICENSE TYPE "41") AND TO SATISFY REQUIRED ON-SITE PARKING THROUGH THE OLD TOWN PARKING EXCEPTION PROGRAM AT 330 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 Michael Fox of Foxlin Architects, requesting to remodel the existing interior floor area and modify the exterior facade of a commercial building for a retail store/tea shop & cafe and to authorize on-site alcoholic beverage sales for beer and wine (ABC License Type "41") in conjunction with a bona fide restaurant located in a 2,689 square foot building and the establishment of an approximately 436 square foot outdoor seating.area and a parking exception of five (5) parking spaces for the property located at 330 EI Camino Real. 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 TCC Sections 9233b(1) and 9232b(2), alcoholic beverage sales establishments are conditionally permitted in the C2 Zoning District. Pursuant to Sections 9272 and 9277 of the TCC, Design Review (DR) approval is required for changes to the exterior of existing structures and outdoor restaurant 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 retail store/tea shop & cafe use is located in a commercial building and 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 restaurants in the vicinity. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit (CUP) 2017-08 and Design Review (DR) 2017-006 on August 8, 2017, by the Planning Commission. Resolution No. 4346 Page 2 E. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare; 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 proposed sale of on-site alcoholic beverages in conjunction with an existing restaurant use is allowed within the C2 Zoning District with the approval of a CUP (TCC Section 9233(b)1 and 9232(b)2). 2. Pursuant to TCC Section 9271(dd), bona fide restaurants with on-site alcoholic beverage sales are exempt from distance separation requirements to residential uses, sensitive uses, and other alcoholic beverage sales establishments. 3. As conditioned, the proposed on-site consumption of beer and wine is consistent with the Alcoholic Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001. 4. The existing and proposed on-site consumption of alcoholic beverages would be in conjunction with a restaurant use where food will be served at all times when alcoholic beverages are served. 5. The design for the building expansion and the outdoor restaurant seating area is compatible with the overall design of the building. 6. The outdoor restaurant seating area for the restaurant use can be accommodated by the Parking Exception Program. 7. The retail store/tea shop & cafe is located within a commercial building and a commercial corridor along EI Camino Real where a variety of retail, office, and restaurant uses are located. The allowed restaurant hours of 9:00 AM to 11:00 PM, Sunday through Thursday and from 9:00 AM — 12:00 midnight Friday and Saturday are consistent with the characteristics of restaurant uses and hours of operation of the restaurant would be similar to other restaurants in the vicinity. 8. The retail store/tea shop & cafe, as proposed, is compatible and consistent with development within the commercial areas of Old Town Tustin. There are commercial buildings providing the same type of use as proposed within the immediate vicinity of the project site. Resolution No. 4346 Page 3 5 9. 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. 10.The City previously prepared the Old Town Parking Study that concluded that there is a significant amount of available parking in the area. 11.The parking exception for this project is consistent with the City's goal of introducing customer-attracting commercial uses, replacing underutilized and vacant parcels, generating jobs, increasing the number of persons shopping and working a in Old Town Tustin, and fostering economic development of the surrounding areas. 12.The City's Police Department has reviewed the application and has no immediate concerns. F. The proposed project has been found to be consistent with Ordinance No. 1416 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 business would be located within an existing commercial building, constructed in approximately 1971, that has been utilized for a retail use. The Parking Exception Program agreement, which the applicant is requesting, would provide greater flexibility in uses and would.aid in the conversion of this building to a new retail store/tea shop & cafe use, which is anticipated to draw business to Old Town Tustin 2. The proposed project is considered to be relatively small. The project consists of an existing 2,689 square foot building on an approximately 4,792 square foot lot. ,This size is deemed to be relatively small in the realm of Southern California commercial real estate. 3. The proposed project has incorporated building or site design enhancements that make it an outstanding addition to Old Town Tustin. The existing building is an older commercial building dating from the early 1970's with a mixture of design features that limits the building as a viable retail use. The proposed project includes the remodel of the existing interior floor area and modifications to the exterior facade. The proposed exterior building modifications and the addition of outdoor seating will modernize and upgrade the building and will complement Old Town Tustin's design and character, and enhances the pedestrian environment. Resolution No. 4346 Page 4 4. The i2roposed proiect provides some onsite parking, but is aestheticall superior to one that provided all required parking on site. The property currently provides six (6) on-site parking spaces for the existing retail building, but five (5) of these parking spaces would be removed in conjunction with the proposed retail store/tea shop & cafe use. Per TCC Section 9263, no additional parking is required when a restaurant replaces retail, service or office uses on a property located within both the Central Commercial (C2) and the Old Town Commercial General Plan land use designation. To accommodate the new use, the applicant has agreed to enter into a Parking Exception Agreement for the five (5) removed parking spaces. 5. The promect 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 sixty dollars ($60) 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. G. 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 of$300 for five (5) spaces not provided on-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). II. The Planning Commission hereby approves CUP 201708 and DR 2017-006 authorizing the interior remodel and exterior modification of an existing commercial building to a retail store/tea shop & cafe with on-site beer and wine sales (ABC License Type 41) and an outdoor restaurant seating area and a parking exception of five (5) parking spaces for the property located at 330 El 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 8th day of August, 2017. RYDER TODD SMITH Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4346 Page 5 STATE OF CALIFORNIA } COUNTY OF ORANGE ) CITY OF TUSTIN } I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4346 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of August, 2017. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4346 CONDITIONAL USE PERMIT 2017-08 DESIGN REVIEW 2017-006 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped August 8, 2017, 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 subsequent minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code(TCC) and other applicable codes. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty(30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit (CUP) 2017-08 and Design Review (DR) 2017-006 is contingent upon the applicant 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 Cleric-Recorder a notarized "Notice of Discretionary Pemnit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). '(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. 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 s Exhibit A Resolution No. 4346 Page 2 (1) 1.7 As a condition of approval of CUP 2017-08 and DR 2017-006 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 CUP 2017-081DR 2017-006 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area•and compliance with the conditions contained herein. If the use is not operated in accordance with the conditions of approval or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP 2017-081DR 2017-006. (1) 1.9 Prior to the issuance of a building permit, the applicant shall comply with Ordinance No. 1416 by executing and recording an Old Town Parking Exception Agreement requiring the payment of an annual fee per space not provided on site (total of 5 parking spaces) that would compensate the City for the project's proportional use of public street and lot parking spaces. The cost is currently sixty dollars ($60) per space per year. OUTDOOR SEATING DESIGN & USE (1) 2.1 This approval authorizes a Type 41 ABC License (on-site sales of beer and wine) in conjunction with a bona fide public eating place. The proposed on-site consumption of beer and wine must be consistent with the Department of Alcoholic Beverage Control requirements. Any changes to the ABC License shall be reviewed and approved by the Community Development Director. (1) 2.2 The applicant shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site (Type 41). A copy 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 subject Conditional Use Permit, as provided for in the TCC. Exhibit A Resolution No. 4346 Page 3 (1) 2.3 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 tea shop/cafe. No alcoholic beverages may be removed from the outdoor seating area, except to the interior of the tea shop/cafe and/or attached retail store in accordance with the approved floor plan. (1) 2.4 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 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) 2.6 The proposed 436 square-foot outdoor seat courtyard area, located to the rear of the retail store and adjacent to the tea shop/cafe, includes tables and seating for tea shop/cafe patrons. The outdoor 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 must be approved by the Community Development Director. *** 2.7 The business establishment shall have a maximum of twenty-six (26) outdoor seats, all located in the rear courtyard 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. (1) 2.8 Any proposed live entertainment shall comply with the TCC and the City's Noise Ordinance. 2.9 The outdoor seating area for the tea shop/cafe shall be available for use only during the following business hours in conjunction with the retail store: Sunday--Thursday—9:00 AM— 11:00 PM Friday& Saturday--9:00 AM-- 12:00 MIDNIGHT 2.10 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. Exhibit A Resolution No. 4346 Page 4 (1) 2.11 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) 2.12 All litter shall be removed from the exterior areas around the premises including public sidewalk areas, alleys and parking areas, no less frequently than once each day that the business is open. (1) 2.13 An outdoor seating area may have a menu board that does not exceed six (6) square feet in area. (1) 2,14 Doors from the tea shop/cafe to the outdoor seating area shall be self- closing. elfclosing. (1) 2,15 The outdoor seating area shall not obstruct any fire exit, fire escape, or other required ingress or egress to any structure or property. (1) 2.16 All outdoor seating use shall comply with the City's Noise Ordinance. (1) 2.17 Adequate lighting shall be provided to illuminate the outdoor seating area, subject to Community Development Department review and approval. (1) 2.18 All on-site signs, including permanent and temporary signs/banners, shall comply with the City's Sign Code. (1) 2.19 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 currently at $60.00 per space per year. Five (5) of which will be removed are provided through the payment of the requisite annual fee. 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. 2.20 All final exterior colors and materials shall be subject to review and approval of the Community Development Department and final field inspection by the Planning Division. Colors, materials and textures shall be noted on the construction plans. 2.21 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 Exhibit A Resolution No. 4346 Page 5 there is inadequate parking, the applicant shall be required to provide immediate interim and permanent measures to be reviewed and approved by the Community Development Department and the Public Works Department. (1) 2.22 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 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. 3.2 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. *** 3.3 Prior to the installation of the awning in the public right-of-way, the applicant shall enter into a Projecting Awning Revocable License Agreement with the City of Tustin. *** 3.4 Current Federal American with Disability Act (ADA) requirements shall be met at sidewalk adjacent to the site. A minimum of four (4) foot clearance shall be provided at all times. (1) 3.5 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Non- Priority Water Quality Management Plan (WQMP). (1) 3.6 Prior to submittal of a non-priority Water Quality Management Plan (WQMP), the applicant shall submit a deposit of two-thousand ($2,000.00) to the Public Works Department for the estimated cost of reviewing the WQMP. (1) 3.7 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding O & M Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification", with the County Clerk-Recorder. These documents shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. Exhibit A Resolution No. 4346 Page.6 (1) 3.8 Prior to issuance of a Building Permit, the applicant shall provide written approval of sanitary sewer and domestic water service connections from the East Orange County Water District (EOCWD). (1) 3.9 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 65% 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 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) 3.10 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) 3.11 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. (1) 3.12 The applicant shall submit to the Public Works Department, for review and approval, construction details for any proposed outdoor fencing and/or furniture, or awnings within the public right-of-way. Permanent fencing and fumiture are not permitted in the public right-of-way. (1) 3.13 Color and material samples depicting the proposed outdoor tables, chairs, shade sails, storefront details, and other proposed furnishings shall be submitted at plan check for review and approval by the Community Development Department. " 3.14 A Certificate of Appropriateness, issued by the Director of Community Development, shall be required at the time of building permit issuance. (1) 3.15 Prior to issuance of building permit, Orange County Environmental Health and Orange County Fire Authority approvals may be required. Exhibit A Resolution No. 4346 Page 7 (5) 3.16 The applicant or responsible party shall submit proposed construction plans to the Orange County Fire Authority for review. Approval shall be obtained on each plan prior to construction. FEES (1) 4.1 Prior to the 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 exception 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.