HomeMy WebLinkAboutCC RES 98-111 t RESOLUTION NO. 98-111
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
APPROVING CONDITIONAL USE PERMIT 97-028 AND DESIGN REVIEW 97-
3 036, AUTHORIZING THE CONVERSION OF A VACANT BANK BUILDING INTO
A FAST FOOD RESTAURANT WITH DRIVE-THRU SERVICE WITHIN AN
4 EXISTING COMMERCIAL CENTER AT 14601 RED HILL AVENUE.
5 The City Council does hereby resolve as follows:
6
I. The City Council finds and determines as follows:
A. That a proper application for Conditional Use Permit' 97,028 and Design Review
s 97-036 was filed by Masroor Batla of the Batla Food Group on behalf of the
property owners to request authorization for the conversion of a vacant 4,400
9 square foot bank building into a 4,000 square foot fast food restaurant with drive-
thru service within an existing commercial center located at 14601 Red Hill Avenue,
~0 more specifically described as Assessor's Parcel No. 432-171-10.
n B. That the proposed use is allowed within the C-2 Central Commercial District, with
.~:2 the approval of a Conditional Use Permit (TCC Section 9233(C)(g)).
C. That a public hearing was duly called, noticed and held on said application on
November 9, 1998, by the Planning Commission and on December 7, 1998,.by the
~4 City Council.
~5 D. That on November 9, 1998 the Planning Commission recommended that the City
·. Council approve the project.
E.' That the establishment, maintenance and operation of the uses applied for will not,
~7 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
~s 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
~9 of the City of Tustin, as evidenced by the following findings:
20
1 ) On-site traffic concems would be mitigated through the separation of the
2! drive-thru aisle from on-site parking, the exit from the drive-thru aisle which
directs traffic away from the southernmost driveway, and the use of
22 informational/directional signs.
23
2) The location of the project site within the center is set back from the primary
24 public access drives and would not impact the off-site circulation system.
25 3) Light, glare and noise from the ddVe-thru facility would be minimized
through the height modification to the existing masonry wall along the
26 southern property line, the installation of a masonry wall along the drive-thru
27 aisle, and landscaping improvements. With these improvements, noise
levels are not projected to exceed 45 dB(A) at the nearest residential
28 property line.
29
Resolution No. 98-111
Page 2
3
4) The applicant will complete a noise study evaluating the drive-thru
4 operations and compliance with the City's Noise Ordinance prior to
issuance of a Certificate of Occupancy. Within thirty (30) days of issuance
5 of a Certificate of Occupancy, a qualified noise consultant will prepare a
6 noise analysis to demonstrate that the noise levels do not exceed the
maximum noise levels allowed by the City's Noise Ordinance. If noise
? levels exceed the maximum allowable levels, the applicant will be
required to implement mitigation measures to bring the restaurant
s operations into compliance with the City's Noise Ordinance.
9 5) The use of BACT-Certified emission control devices on all cooking and
~0 exhaust equipment would minimize smoke and odor generation from the
restaurant.
ll
6) The hours of operation would be limited to 6:00 a.m, to 11:00 p.m., Sunday
~: to Thursday and 6:00 a.m. to 12:00 a.m., Friday and Saturday.
]3
7) The accumulation of litter on site would be controlled by the placement of
z4 trash receptacles inside of each building exit and by the requirement for
employees to collect litter from around the restaurant site after each peak
~5 meal pedod.
Pursuant to Section 9272 of the Tustin Municipal Code, the Council finds that the
location, size, architectural features and general appearance of Design Review 97-
036, as conditioned, will not impair the orderly and harmonious development of the
area, the present or future development therein, or the occupancy as a whole. In
making such findings, the Commission has considered at least the following items:
1. Height, bulk and area of buildings.
20
2. Setbacks and site planning.
2].
3. Exterior materials and colors.
22
4. Type and pitch of roofs.
23
5. Size and sparing of windows, doors and other openings.
24
6. Towers, chimneys, roof structures, flagpoles, radio and television antennae.
25
7. Landscaping, parking area design and traffic circulation.
26
27 8. Location, height and standards of extedor illumination.'
2s 9. Location and appearance of equipment located outside of an enclosed
structure.
10. Location-and method of refuse storage.
~ Resolution No. 98-1:11
Page 3
2
11. Physical relationship of proposed structures to existing structures in the
3 neighborhood.
4
12. Appearance and design relationship of proposed structures to existing
5 structures and possible future structures in the neighborhood and public
thoroughfares.
6
13. Proposed signage.
?
14. Development Guidelines and criteria as adopted by the City Council.
G. A Negative Declaration has been prepared and recommended for certification for
9 this project in accordance with the provisions of the California Environmental
Quality Act (CEQA):
10
H. That the project has been reviewed for consistency with the Air Quality Sub-
element of the City of Tustin General Plan and has been determined to be
~2 consistent with the Air Quality Sub-element.
is I. That the project has been reviewed for compliance with the Americans with
Disabilities Act of 1990 and it has been determined that dedications of right-of-way
~4 at the drive apron and all radius type driveways are necessary for compliance with
the requirements of ADA.
15
II. The City Council approves Conditional Use Permit 97-028 and Design Review 97-036 to
~6 authorize the conversion of a vacant bank building into a 4,000 square foot fast food
restaurant with drive-thru service within an existing commercial center located at 14601
~7 Red Hill Avenue, subject to the conditions contained in Exhibit A, attached hereto.
18
19 PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 7th
day of December, 1998.
20
:2]. ,~~ ~.~
22 THOMAS R. SALTARELLI
Mayor
24PAMELA STOKER
22 City-Clerk
27
28
EXHIBIT A
CUP 97-028 AND DESIGN REVIEW 97-036
CONDITIONS OF APPROVAL
RESOLUTION NO. 98-111
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans for the
project date stamped December 7, 1998, on file with the Community Development
Department, as herein modified, or unless otherwise indicated, 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 prior to the issuance of any building permits for the project, subject to
review and approval by the Community Development Department.
(1) 1.3 The subject project approval shall become null and void unless permits for the
proposed project are issued and substantial construction is underway within
eighteen (18) months of the date of this Exhibit. Time extensions may be
considered if a written request is received by the Community Development
Department within thirty (30) days prior to expiration.
(:1) 1.4 Approval of CUP 97-028 and DR 97-036 is contingent upon the applicant and
property owners signing and returning an "Agreement to Conditions Imposed" form
as established by the Community Development Department.
(1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and
liabilities adsing out of a challenge of the .City's approval of this project.
PLAN SUBMITTAL
(1)(2) 2.1 At building plan check, submit four (4) sets of plans, two sets of soils reports,
structural and energy calculations, specifications and acoustical report. Electrical,
mechanical and plumbing plans shall be included. Grading plans, signage plans,
and a Drainage Area Management Plan shall be submitted separately.
(1)(2) 2.2 All grading,, drainage, vegetation and circulation shall comply with the City of Tustin
Grading Manual. All street sections, curbs, gutters, sidewalks, lighting and storm
drains shall comply with on-site improvement standards. Any deviations shall be
brought to the attention of the Building Official and request for approval shall be
submitted in writing prior to any approval.
(1)(2) 2.3 The building shall comply in all respects with the Building Code, other related
codes, City. Ordinances, and state and federal laws and regulations, including Title
24 energy conservation requirements.
(3) 2.4 Mechanical ventilation shall be provided based on the number of occupants.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY
(2) CEQA MITIGATION REQUIREMENTS
(3) UNIFORM BUILDING CODFJS (6) LANDSCAPING GUIDELINES
(4) DESIGN REVIEW (7) PC/CC POLICY
*** EXCEPTIONS
Exhibit A
Resolution No. 98-111
Page 2
(4)(2) 2.5 The applicant shall construct a minimum four (4) foot wide sidewalk behind the
drive apron. The maximum cross slope of the sidewalk shall be two percent and
the maximum ramp slope of the drive apron shall be ten percent. This will require
dedication of additional right-of-way to accommodate the sidewalk construction. A
legal description and sketch of the dedication area, prepared by a California
Registered Civil Engineer and/or California Licensed Land Surveyor, shall be
submitted to the Engineering Division for review and approval. The configuration of
the new drive aprons should be shown on the plot plan and landscape plan as this
will have an impact on the planter areas adjacent to the drive aprons. Prior to any
work in the public right--of-way, an Encroachment Permit must be obtained from and
applicable fees paid to the Public Works Department.
(4)(2) 2.6 Construction or replacement of all missing or damaged public improvements
adjacent to this development will be required. A separate 24" x 36" street
improvement plan, as prepared by a Califomia Registered Civil Engineer, will be
required. Said plan shall show all existing public improvements along with all new
construction to include but not be limited to the following:
a) Curb and gutter
b) Sidewalk/curb ramps
c) Drive aprons (meeting current Federal ADA requirements)
d) Underground utility connections
e) Signing and striping
In addition, a 24" x 36" reproducible construction area traffic control plan, as
prepared by a Califomia Registered Traffic Engineer or Civil Engineer experienced
in this type of plan preparation will' be required.
(3) 2.7 Provide complete details for accessible paths of travel throughout the site, including
pedestrian drculation from public right-of-way to the buildings and throughout the
new structures. The tenant space, parking spaces, entrances to the building, path
of travel from the parking area to the building, and sanitary facilities shall be
accessible to persons with disabilities.
(2) 2.8 The applicant shall submit for approval by the Community Development and Public
Works Departments, a Water Quality Management Plan (WQMP) specifically
identifying Best Management Practices (BMPs) that will be used on-site to control
predictable pollutant run-off. This WQMP shall identify: the structural and
' non-structural measures spedfled detailing implementation of BMPs whenever they
are applicable to the project; the assignment of long-term maintenance
responsibilities (specifying the developer, parcel owner, maintenance association,
lessee, etc. ); and, reference to the location(s) of structural BMPs.
(4)(2) 2.9 The' site will be designed so that all parking area surface run-off is directed to and
picked up by the storm drain system.
(4)(2) 2.10 The applicant shall make use of water conserving. plumbing fixtures throughout the
building in conformance with the California Health and Safety Code Section
17921.3.
Exhibit A
Resolution No. 98-111
Page 3
(5) 2.11 Prior to submittal to Building plan check, the plans shall be designed to provide that
all drive approaches meet current federal ADA requirements.
(5)(2) 2.12 Complete the hazardous material questionnaire and the air quality questionnaire
and submit to Building Division and the proper agencies. If the answer to any of the
questions is "yes", clearances from the Hazardous Material Disclosure Office and
from the Air Quality Management District shall be submitted to the Building Division
pdor to approval.
(5)(2) 2.13 All hazardous materials shall be handled and disposed of in accordance with all
Orange County Health Care Agency - Environmental Health Division, and Orange
County Fire Authority requirements.
(5) 2.14 Trash enclosures shall comply with Great Western Reclamation and City of Tustin
standards.
(4) 2.15 Trash receptacles shall be placed inside every exit from the dining area and the
play area.
(3) 2.16 All building locking devices added to the premises shall meet those requirements
as set forth in the Building Security Code.
SIGNS
(4) 3.1 Prior to issuance of a Certificate of Occupancy, complete sign plans shall be
submitted which address all proposed wall, directional, and address signs. The
sign plans shall include dimensions, materials, colors, and method of illumination.
The design, size, location, installation and maintenance of said signs shall be in
compliance with the Tustin Sign Code.
SITE AND BUILDING CONDITIONS
(4) 4.1 Provide exact detailsfor extedor doors and window types on construction plans.
(2)(5) 4.2 The applicant will be required to install Best Available Control Technology (BACT) -
Certified emission control devices on all cooking and exhaust equipment that
complies with Southern California Air Quality Management Distdct standards for
smoke, odor and particulate generation. In particular, the applicant shall install Fast
Food Broiler Smoke Elimination Catalysts on all cooking and exhaust equipment.
(4) 4.3 All mechanical and electrical fixtures" and equipment shall be adequately and
decoratively screened. The screen shall be considered as an element of the
overall design of the project and shall either blend with the architectural design of
the building or be integrated into the landscape design
(1) 4.4 All final colors and materials to be used shall be subject to review and approval by
the Community Development Department. All extedor treatments shall be
coordinated with regard to color, materials and detailing and dearly noted on
submitted. construction plans and elevations.
Exhibit A
Resolution No. 98-111
Page 4
(4)(2) 4.5 Provide plans and details of all proposed lighting fixtures and a photometric study
showing the location and anticipated distribution pattern of light of all proposed
fixtures.' The fixtures proposed shall be modified to be decorative in design and
consistent with the architecture of the building. Wall mounted fixtures shall be
directed at a 90 degree angle directly upward or downward. Parking area lights
shall be on a 19 foot tall pole and project light directly downward, similar to the
single fixture over the handicapped parking stalls in front of the Ralphs. All lighting
shall be developed to provide a minimum of one (1) footcandle of light coverage, in
accordance with the City's Security Code.
(4) 4.6 All exposed metal flashing or trim shall be painted to match the building.
(1) 4.7 Note on final plans that a six-foot-high chain link fence shall be installed around the
site pdor to building construction stages. Gated entrances shall be permitted along
the perimeter of the site for construction vehicles.
(1) 4.8 Exterior elevations of the building shall indicate any fixtures or equipment to be
located on the .roof of the building and equipment heights. The building parapet
shall be an integral part of the building design, and shall screen all roof-mounted
equipment.' All roof-mounted equipment and vents shall be a minimum of six
inches below the top of the parapet.
(4) 4.9 All roof access shall be provided from the inside of the building.
(4) 4.10 No extedor downspouts shall be permitted; all roof drainage shall utilize interior
piping, but may have exterior outlets at base of building.
(4) 4.11 Roof scuppers shall be installed with a special lip device so that overflow drainage
will not stain the walls.
(4) 4.12 Indicate the location of all extedor mechanical equipment. Gas and electric meters.
shall either be enclosed within the building or boxed behind a screen wall designed
to be consistent with the main building.
(4) 4.13 A grading plan will be required based on the Orange County Surveyor's bench
mark datum.
(4)(2) 4.14 The drive-thru lane shall be limited to left turn only. The planter island and
landscaping south of the ddve-thru lane shall be extended eastward approximately
25 feet, maintaining the 12 foot drive aisle width, terminating in a radius tip to direct
ddve-thru customers north away from the southernmost drive entrance. Said
extension shall be designed to the satisfaction of the City Engineer.
(4)(2) 4.15 A preview board shall be installed approximately twenty feet prior to the menu
board/speaker. The menu board may have a read back feature if the noise study
required by Conditions 6.2 or 6.3 warrant its inclusion as a mitigation measure.
Details of the menu board system shall be subject to final approval of the
Community Development Director during plan check.
Exhibit A
Resolution No. 98-111
Page 5
LANDSCAPING, GROUNDS AND HARDSGAPE ELEMENTS
(1)(2) 5.1 The applicant shall submit for plan check complete detailed landscaping and
irrigation plans for all landscaping areas consistent with adopted City of Tustin
Landscaping and Irrigation Submittal Requirements and consistent with the
landscaping concept plan. Said plans shall be consistent with the existing
landscaping within the center.
The applicant shall provide a summary table applying indexing identification to plant
materials in their actual location. The plant table shall list botanical and common
names, sizes, spacing, actual location and quantity of the plant materials proposed.
Show planting and berming details, soil preparation, staking, etc. The irrigation
plan shall show location and control of backflow prevention devices (screened from
view from right-of-way and on-site by shrubs), pipe size, sprinkler type, spacing and
coverage. Details for all equipment shall be provided. The plans shall show all
property lines on the landscaping and irrigation plan, public right-of-way areas,
sidewalk widths, parkway areas, existing landscaping and walls and proposed new
wall locations; The Department of Community Development may request minor
substitutions of plant materials or request additional sizing or quantity. Note on
plans that adequacy of coverage of landscaping and irrigation materials is subject
to field inspection at project completion by the Department of Community
Development.
(7) 5.2 The submitted landscaping plans at plan check shall reflect the following
requirements:
A. Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum
of 8 feet on center when intended as screen planting.
B. Ground cover shall be planted between 8 to 12 inches on center.
C. When I gallon plant sizes are used, the spacing may vary according to
materials used.
D. All plant materials shall be installed in a healthy, vigorous condition typical
to the species and landscaping must be maintained in a neat and healthy
condition. This will include but not be limited to trimming, mowing, weeding,
removal of litter, fertilizing, regular watering, or replacement of diseased or
dead plants.
(6)(2) 5.3 ~,pplicant shall restripe the parking lot(s) for the center in substantial conformance
with the approved plans dated November 9, 1998. The entire parking surface for
the center shall be slurry sealed and restriped to the satisfaction of the Community
Development Department. A minimum of three (3) diamond-shaped planter islands
shall be installed in the center of the double-row of parking immediately north of the
building. The planters shall be fully irrigated and shall be planted with Italian
Cypress or other similar trees.
(4)(2) 5.4 The planter island adjacent to the drive-thru aisle shall be planted' with Italian
Cypress planted five feet on center, or other similar trees as approved by the
Community Development Department. A six (6) foot high masonry sound wall shall
be constructed in the planter island from the southwestern comer of the ddve-thru
aisle to the pickup window. An earthen berm shall be constructed at the eastern
Exhibit A
Resolution No. 98-111
Page 6
end of the sound wall. The berm shall be thirty-six inches in height and shall taper
down to meet the existing landscaping adjacent to Red Hill Avenue.
(4) 5.5 Six (6) inch continuous concrete curbing shall be used through the parking lot,
landscaped areas and adjacent to sidewalks, except where required to satisfy
handicap access requirements.
(4)(2) 5.6 All vehicle headlight glare shall be adequately screened from view. Plans and
sections,shall be provided to demonstrate adequate screening, subject to review
and approval of the Community Development Department during building plan
check.
(4)(2) 5.7 Sight distances at each access driveway shall be reviewed for compliance with
Orange County EMA Standard Plan 1117, when landscaping and improvement
plans are prepared, including the existing perimeter block wall.
NOISE
(5)(2) 6.1 All construction operations, including engine warm-up and deliveries of materials
and equipment, shall be subject to the provisions of the Tustin Noise Ordinance
and shall-take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday
through Fdday, and' between 9:00 a.m. and 5:00 p.m. on Saturday, unless
otherwise determined by the Building Official.
(5)(2) 6.2 All uses and operations on the site shall comply with the City's Noise Ordinance.
Speakers used in conjunction with the menu board shall be oriented so as to
project sound away from the adjacent residential development. A final noise
analysis shall be prepared based on the final working drawings to determine
compliance with the City's Noise Ordinance. Said no~se analysis shall be
reviewed and approved by the Community Development Department prior to the
issuance of building permits. The height of the sound walls shall be reviewed
and evaluated as part of the noise analysis, and raised to the maximum height
feasible to achieve noise mitigation.
(2) 6.3 Prior to issuance of a Certificate of Occupancy, the applicant shall submit a
$2,500 deposit with the City for the completion of a noise study evaluating the
ddve-thru operations and compliance with the City's Noise Ordinance. Within
thirty (30) days of issuance of a. Certificate of Occupancy, the Community
Development Director shall select a qualified noise consultant to prepare a noise
analysis to demonstrate that the noise levels do not exceed the maximum noise
levels allowed by the City's Noise Ordinance. The applicant shall be responsible
for all costs associated with .the preparation of the study, and implementation of
any mitigation measures to comply with the City's Noise Ordinance.
(5) 6.4 Construction hours shall be cleady posted on the project site to the satisfaction of
the Building Official.
(2) 6.5 All exterior mechanical equipment, including air conditioners, ice makers, exhaust
fans, refrigeration, condensers, etc. shall have a Sound Rating of 50 dBA at 50 feet
or less.
Exhibit A
Resolution No. 98-111
Page 7
FIRE AUTHORITY ' - '.
(5)(2) 7.1 Prior to the approval of a site development/use permit, or the issuance of any
building permits, the applicant shall submit plans for review and approval of the Fire
Chief. The applicant shall include information on the plans required by the Fire
Chief. Contact the Orange County Fire Authority Plans Review Section at (714)
744-0403 for the Fire Safety Architectural Notes to be placed on the plans,
(5) 7.2 Prior to installation, plans for an approved fire-suppression system for the
protection of commercial-type cooking equipment shall be submitted to the Fire
chief for review and approval.
USE RESTRICTIONS
***(2) 8.1 Hours of operation of the restaurant and drive thru lane shall be limited to 6:00 a.m.
to 11:00 p.m., Sunday through Thursday, and 6:00 a.m. to 12:00 a.m. on Friday
and Saturday.
(1) 8.2 The owners shall be responsible for the daily maintenance and up-keep of the
facility, including but not limited to trash removal, painting, graffiti removal and
maintenance of improvements to ensure that the facilities are maintained in a neat
and attractive manner. All graffiti shall be removed within 72 hours of a complaint
being transmitted by the City to the property owner. Failure to maintain said
structures and adjacent facilities will be grounds for City enforcement of its Property
Maintenance Ordinance, including nuisance abatement procedures.
***(2) 8.3 Deliveries to the restaurant shall be limited to between the hours of 7:00 a.m. to
7:00 p.m.
***(2) 8.4 Employees shall be required to collect and appropriately dispose of trash, litter, and
debris accumulated around the site at regular intervals and after each peak meal
pedod.
*** 8.5 No extedor phones shall be installed at the project site.
FEES
(1)(2) 9.1 Pdor to issuance of any building permits, payment shall be made of all applicable
(5) fees, including but not limited to the following. Payment shall be required based
upon those rates in effect at the time of payment and are subject to change.
A. Building plan check and permit fees to the Community Development
Department based on the most current schedule.
B. Sewer connection fees to the Orange County Sanitation District. The
current fee is $472 per 1,000 square feet (minimum $2,360). This fee will
apply to any additional building area over the square footage of the existing
bank building.
C. Orange County Fire Authority plan check and inspection fees to the
Community Development Department based upon the most current
schedule.
Exhibit A ......
Resolution No. 98-111
Page 8
D. Transportation System Improvement Program (TSIP), Benefit Area "B"
fees in the amount of $3.31 per square foot of additional building area over
the square footage of the existing bank building.
E. Major thoroughfare and bridge fees in the amount of $2.96 per square foot
of additional building area over the square footage of the existing bank
building.
(1) 9.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall
(5) deliver to the Community Development Department, a CASHIER'S CHECK
payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to
enable the City to file the appropriate environmental documentation for the project.
If within such forty-eight (48) hour period that 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.
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
RESOLUTION NO. 98-111
Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council is
five; that the above and foregoing resolution was passed and adopted at a regular meeting of
the City Council held on the 7th day of December, 1998, by the following vote:
COUNCILMEMBER AYES: Saltarelli, Worley, Thomas
COUNCILMEMBER NOES: Doyle, Potts
COUNCILMEMBER ABSTAINED None
COUNCILMEMBER ABSENT: None
Pamela Stoker, City Clerk