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HomeMy WebLinkAbout02 Res 3942 CUP 04-026 ITEM #2 RESOLUTION NO. 3942 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 04-026, AUTHORIZING CONSTRUCTION OF A DRIVE-THROUGH LANE IN CONJUNCTION WITH AN EXISTING 2,983 SQUARE FOOT FAST-FOOD RESTAURANT AT THE PROPERTY LOCATED AT 171 E. FIRST STREET. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit 04-026, was filed by Kenny Dewan, to construct a drive-through lane in conjunction with an existing 2,983 square foot fast-food restaurant, on the northwest corner of Prospect Avenue and First Street. The property is located at 171 E. First Street and can be further described as Assessor Parcel Number 401-532- 36. B. That the Planned Community Commercial/Business land use designation of the General Plan provides opportunities for a mix of retail and commercial services. 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 consistent with the Air Quality Sub-element. C. That the proposed use is allowed within the "Commercial" designation of the First Street Specific Plan with the approval of a Conditional Use Permit. D. That the Planning Commission previously considered Conditional Use Permit 02-018 and Design Review 02-018 on June 9, 2003, authorizing the construction of a 2,983 square foot restaurant, with an outdoor dining area, and denying the drive-through lane at 171 E. First Street. That the Planning Commission considered this item on December 13, 2004, and did not adopt draft Resolution No. 3940 that reaffirmed denial of Conditional Use Permit 04-026 and requested future consideration of a resolution recommending approval of the drive-through lane. E. F. That the Planning Commission considered this item on January 10, 2005. G. In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood, or whether it will be Resolution No. 3942 Exhibit A Page 2 injurious or detrimental to property or improvements in the vicinity, or to the welfare of the City. A decision to approve the project may be supported by the following findings: 1) As proposed, no traffic impacts are anticipated since this project would generate 1,480 vehicle trips per day (ADT), the maximum vehicle capacity of First Street is 37,500 vehicles per day, and its current volume is 18,300 vehicles per day. The maximum vehicle capacity of Prospect Avenue is 25,000 vehicles per day and its current volume is 9,700 vehicles per day. 2) The City's traffic engineer has determined that the proposed six (6) vehicle drive-through lane is adequate for the proposed restaurant as identified by the submitted queuing analysis, and additional design elements have been proposed and integrated into the site plan or conditions of approval to ensure as follows: . The north curb of the drive-through lane entrance will be curved to a point and will have a permanent feature, such as a light bollard, to encourage access only to vehicles using the First Street entrance; A sign will be provided near the Prospect Avenue entrance directing southbound traffic on Prospect Avenue to use the First Street entrance for customers intending to use the drive- through; and, The Prospect Avenue entrance will maintain a minimum forty (40) foot driveway "throat" length from the Prospect Avenue right -of-way. The proposed project, as conditioned, will comply with the Tustin Noise Ordinance and is not anticipated to create a significant noise impact on the surrounding area by: . Ensuring the speaker board will be equipped with a limiter; . Ensuring the speaker board will maintain a minimum distance of eight-two (82) feet to the north property line; Ensuring a thick, ten (10) foot landscape buffer and a seven (7) foot high wall will be maintained along the northern property line to buffer residences; and, The applicant will be responsible for any necessary future monitoring and implementation of mitigation measures. . . 3) . . Resolution No. 3942 Exhibit A Page 3 H. 4) As conditioned, the proposed operating hours will be compatible with the surrounding properties and consistent with sensitive time periods established in the Noise Ordinance and General Plan Noise Element. 5) That the City of Tustin's permitted construction hours are from 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturdays. As a result of a previous code enforcement violation related to construction hours, construction related to the project will be limited to 8:00 a.m. to 5:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturdays. 6) As conditioned, the applicant will be required to remove the drive- through lane in the event the Farmer Boys use ceases and another drive-through user cannot adequately demonstrate it be accommodated on-site to the satisfaction of the Community Development and Public Works Departments. This project is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Planning Commission hereby approves Conditional Use Permit 04-026 to construct a drive-through lane in conjunction with an existing 2,983 square foot fast-food restaurant at 171 E. First Street, subject to the conditions contained within Exhibit A attached hereto. II. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 10th day of January, 2005 JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3942 Exhibit A .~ Page 4 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. 3942 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of January, 2005. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 04-026 CONDITIONS OF APPROVAL RESOLUTION NO. 3942 GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 The proposed use shall substantially conform with the submitted plans for the project date stamped January 10, 2005, 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 minor modifications to plans during plan check if such modifications are consistent with the provisions of the Tustin City Code and other applicable codes. 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. The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) 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. Approval of Conditional Use Permit 04-026 is contingent upon the applicant and property owner 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 "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. All applicable conditions of approval of Resolution No. 3870 shall continue to apply. SOURCE CODES (1) STANDARD CONDITION (5) (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEIS (6) (4) DESIGN REVIEW (7) *** EXCEPTION RESPONSIBLE AGENCY REQUI REMENTS LANDSCAPING GUIDELINES PC/CC POLICY Resolution No. 3942 Exhibit A Page 2 (1 ) (***) (1 ) (1 ) 1.6 1.7 1.8 1.9 BUILDING (C) (C) 2.1 2.2 As a condition of approval, 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. Conditional Use Permit 04-026 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 deemed necessary, additional conditions or site improvements may be required. Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. Building plan check submittal shall include the following: . Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical; . Two (2) copies of structural calculations; . Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off- site where applicable; and, Resolution No. 3942 Exhibit A Page 3 (C) 2.3 (C) 2.4 (C) 2.5 *** 2.6 *** 2.7 *** 2.8 ENGINEERING (C) 3.1 . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. All new glass doors and windows in or adjacent to doors shall be tempered per 2001 California Building Code Section 2406.4. Prior to permit issuance, clearances from the Orange County Health Department and Orange County Fire Authority are required. No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. The north curb of the drive-through lane entrance shall be curved to a point to encourage access only to vehicles using the First Street entrance. In addition, the tapered curb shall have a permanent feature, such as a light bollard, to further discourage entering the lane from Prospect Avenue. The applicant shall install a speed hump within the drive-through lane between the pick-up window and pedestrian crossing at the northwest corner of the building. The permitted construction hours shall be limited from 8:00 a.m. to 5:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturdays. A sign shall be installed south of the Prospect Avenue driveway, outside the limited use area, outside of the public right-of-way, facing southbound Prospect Avenue traffic, directing drive-through patrons to the First Street driveway. The sign must be visible to drivers as they approach the Prospect Avenue driveway prior to entering. USE RESTRICTIONS *** 4.1 *** 4.2 *** 4.3 The applicant shall install a menu board with a lighted read-back display, either integrated as a single or two (2) separate units, or other alternative as a result of changes in technology to the satisfaction of the Community Development Director. The menu board shall be orientated away from the residential properties along the north property line and shall be located a minimum of eighty-two (82) feet to be consistent with the noise study dated April 10, 2003, on file with the City. During peak hours of operation, the applicant may position an employee at the menu board with a wireless microphone and headset to take orders Resolution No. 3942 Exhibit A Page 4 *** 4.4 *** 4.5 *** 4.6 *** 4.7 *** 4.8 NOISE (5) 5.1 from vehicles in the drive-through lane. Employees with or without wireless headsets may not take orders from any vehicle not in the drive- through lane. A row of dense, evergreen shrubs or trees (Le. Italian Cypress) shall be planted opposite of the drive-through pick-up window, between the drive- through lane and parking area, at a minimum height of five (5) feet and maintained at a height of six (6) to seven (7) feet to create solid landscaping to minimize noise impacts toward the northern properties. Any tree affected by the installation of the drive-through lane shall be relocated to another location on-site. A landscaping plan shall be provided at plan check. If a traffic problem results from the proposed project or operational changes within the development, the applicant shall submit a traffic study prepared by a professional traffic engineer and perform or install interim and permanent mitigation measures as a result. The operating hours shall be as follows: Indoor dining area: Sunday-Thursday Friday & Saturday Daily Daily 6:00 a.m. to 10:00 p.m. 6:00 a.m. to 12:00 a.m. 7:00 a.m. to 10:00 p.m. 7:00 a.m. to 10:00 p.m. Outdoor patio: Drive-through lane: The operating hours shall be posted in the restaurant and the outdoor dining area and shall be enforced by employees of the restaurant. Any modifications to the hours of operation shall be approved in writing by the Director of Community Development. The project may be reviewed annually, or more often if deemed necessary, by the Director of Community Development to ensure compliance with the Conditions of Approval established herein. The Director may recommend to the Planning Commission additional conditions or modifications to the existing conditions or facilities, which may include elimination of the drive- through lane, closure of the Prospect Avenue driveway, or other mitigation measures deemed necessary. The applicant shall remove the drive-through lane in the event the Farmer Boys use ceases and another drive-through user cannot adequately demonstrate it be accommodated on-site to the satisfaction of the Community Development and Public Works Departments. The speaker board shall be equipped with a limiter such that the maximum output with any input level will not exceed ninety (90) decibels at a distance of one (1) meter (3.3 feet), or the equivalent, or any other distance. Resolution No. 3942 Exhibit A Page 5 (5) 5.2 If a noise problem results from the proposed project or operational changes within the development as determined by a Code Enforcement Officer, the applicant shall submit a noise study prepared by a professional acoustical engineer and perform or install interim and permanent mitigation measures as a result. FEES (C) 6.1 Prior to issuance of any permits, the applicant shall pay the following fees. Payments will be required based upon the rate in effect at the time of permit issuance and are subject to change. A. All applicable Building plan check and permit fees shall be paid to the Community Development Department. B. All applicable Grading plan check and permit fees shall be paid to the Community Development Department. C. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. D. Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CASHIER1S CHECK payable to the County Clerk in the amount of forty-three dollars ($43.00) 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.