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HomeMy WebLinkAboutPC RES 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 114111) 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) Genera[ 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 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 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 pro8ect 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 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. Resolution No, 4346 Page 4 4. The proposed project provides some onsite parking, but is aestheticall superior to one that provided all required parkinqi 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 & caf6 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 intoe a Parking Exception Agreement for the five (5) removed parking spaces. 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 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 Counciil 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), 11, The Planning Commission hereby approves, CUP 2017-08 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 411) 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. RDER T SMITH Chairperson w. ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4346 Page 5 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 Resollution 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: Kozak, Lumbar d, Mason, Smith (4) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: Thompson PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINISACK 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 Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 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 CODE/S (7) PCICC POLICY (4) DESIGN REVIEW *** EXCEPTION 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 2017-08/DR 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) 2.6 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 shoplcafe to the outdoor seating area shall be self- closing. (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 (VVQMP), 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 furniture 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.