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HomeMy WebLinkAbout02 CUP 05-026, DR 05-012ITEM #2 Report to the Planning Commission DATE: FEBRUARY 13, 2006 SUBJECT: CONDITIONAL USE PERMIT 05-026 DESIGN REVIEW 05-012 APPLICANT: JOHN VEZIRIAN CHIPOTLE MEXICAN GRILL 1543 WAZEE STREET DENVER, CO 80202 PROPERTY OWNER: JCM TOM COMPANY, LLC 1524 DORCAS STREET SAN DIEGO, CA 92110-1515 LOCATION: 13348 NEWPORT AVENUE ZONING: RETAIL COMMERCIAL (100, C-1, 10,000) Y : �rt> �UST1� ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: AUTHORIZATION TO DEMOLISH AN EXISTING 1,900 SQUARE FOOT DRIVE-THROUGH PHARMACY, CONSTRUCT A NEW 2,565 SQUARE FOOT RESTAURANT WITH OUTDOOR SEATING AREA AND PERMIT A TYPE 47 ABC LICENSE (ON -SALE GENERAL FOR BONA FIDE PUBLIC EATING PLACES) TO SELL BEER, WINE, AND DISTILLED SPIRITS. RECOMMENDATION That the Planning Commission adopt Resolution No. 4016 approving Conditional Use Permit 05-026 and Design Review 05-012 to demolish an existing 1,900 square foot drive- through pharmacy and construct a 2,565 square foot restaurant with an outdoor dining area and permit a Type 47 ABC License (On -sale General for Bona Fide Public Eating Places) to sell beer, wine, and distilled spirits at the southeast corner of Newport Avenue and First Street. The property is located at 13348 Newport Avenue and can be further described as Assessor's Parcel Number 500-062-01. Planning Commission Report CUP 05-026 and DR 05-012 February 13, 2006 Page 2 BACKGROUND The project site contains an existing 1,900 square foot drive-through pharmacy on the southeast corner of Newport Avenue and First Street at 13348 Newport Avenue (Attachment A - Location Map). Site and Surrounding Properties The site is located along a commercial corridor on Newport Avenue and is zoned Retail Commercial (100, C-1, 10,000), with a Community Commercial General Plan designation, and is within the Town Center Redevelopment Project Area. The site is bounded by a drive-through restaurant to the east, office uses to the south, retail uses across Newport Avenue to the west and northwest, and First Street to the north (Attachment A - Location Map). Access to the site is currently provided from one (1) existing driveway on First Street and one (1) driveway on Newport Avenue. Outdoor dining and alcoholic beverage sales are conditionally permitted pursuant to Planning Commission Resolution No. 2940 (Outdoor Seating Areas) and the City of Tustin Alcoholic Beverage Control Guidelines, respectively; Design Review is required for review of site layout and architectural design. Public Noticing A public hearing notice identifying the time, date, and location of the public hearing for the proposal was published in the Tustin News, property owners within 300 feet of the site were notified of the hearing by mail, and a notice was posted on the site and at City Hall on February 2, 2006. The applicant was informed of the availability of the agenda and staff report for this item. DISCUSSION The applicant proposes to construct a 2,565 square foot restaurant, with forty-six (46) indoor seats and twenty (20) seats within an outdoor dining patio, and to permit a Type 47 ABC License (On -sale General for Bona Fide Public Eating Places) to sell beer, wine, and distilled spirits on a property at 13348 Newport Avenue. A total of sixty-six (66) seats are proposed for the interior and exterior dining areas, and the proposed operating hours would be from 10:00 a.m. to 11:00 p.m., daily, which are consistent with other commercial uses along the Newport Avenue corridor and within the area. Site Plan The building would be set back four (4) feet from the right-of-way along First Street and thirty-one (31) feet from the right -of way along Newport Avenue (Attachment B - Submitted Plans). The main building entrance would be along the west building elevation along Newport Avenue, and the service entrance would be located along the east elevation facing the site interior. A proposed outdoor dining patio would be located between the Planning Commission Report CUP 05-026 and DR 05-012 February 13, 2006 Page 3 building and Newport Avenue with direct access to the restaurant. Parking would be located to the south and east of the building. Parking for restaurant uses is required at a ratio of one (1) space for every three (3) seats. Therefore, based upon a total number of sixty-six (66) seats, the proposed restaurant would require a minimum of twenty-two (22) spaces. The applicant is proposing to provide twenty-five (25) spaces; therefore, there would be a surplus of three (3) parking spaces. A minimum five (5) foot landscape planter would be maintained along the interior property lines, and a new trash enclosure would be constructed in the southeast corner of the property. Exterior lighting for the project would consist of light standards mounted in the parking lot. Condition 3.1 is included to ensure that the lighting is contained within the property and would not spill over to the adjacent properties, including the public right-of-way. The existing landscape berm along Newport Avenue would remain and be enhanced to complement new landscaping along First Street and adjacent to the building as identified on the landscape plan. Additional landscaping, including two (2) new Crape Myrtle trees to be planted in the site's interior, and various shrubs, vines, and groundcovers to be planted adjacent to the building and around the perimeter of the site. Conditions are included to ensure that the site landscaping is in compliance with the City's requirements and guidelines and maintained in a healthy condition. Access to the site would be provided by existing driveways along Newport Avenue and First Street. Both driveways and internal drive aisles would be a minimum of twenty-five (25) feet wide, which permit two-way traffic, and would be located as far from the intersection of Newport Avenue and First Street as possible. The First Street driveway would be widened towards Newport Avenue; however, as a result of the widening, the driveway would align with the back of the left -turn lane on First Street. As required by Condition 4.1, access at the First Street exit may need to be restricted to right -turn out only in the future if operational problems develop. Traffic The City's Traffic Engineer has reviewed the proposed project and identified that a traffic study is not currently required. Based upon Land Use and Trip Generation rates published in the Institute of Transportation Engineers, Trip Generation, this project would generate an additional 700 net daily trip ends; however, the net change in AM and PM peak hour generation over the existing use is anticipated to be a nominal amount and a reduction of five trip ends, respectively. Based upon the projected traffic and the adjacent street system, it has been determined there is sufficient capacity to accommodate the proposed project. Outdoor Dining The applicant is requesting authorization for an outdoor dining area, with twenty (20) seats, in conjunction with a new restaurant. The proposed outdoor dining area would be setback a minimum of five (5) feet from Newport Avenue and First Street and would be Planning Commission Report CUP 05-026 and DR 05-012 February 13, 2006 Page 4 completely enclosed by a three (3) foot high decorative metal enclosure consistent with the architecture of the building (Attachment B — Submitted Plans). The outdoor dining area would be located near the street corner to facilitate pedestrian access from Newport Avenue, while utilizing the exiting landscape berm to help buffer the outdoor dining area from vehicle activity within the public right-of-way to enhance the overall pedestrian experience. The City of Tustin's Guidelines for Outdoor Seating established by the Planning Commission through Resolution No. 2490 notes that outdoor dining areas should be designed to be compatible with surrounding uses particularly related to the proximity to sensitive uses (i.e., schools, residential, church), exterior noise, hours of operation, aesthetics, and that its design create a pedestrian -oriented atmosphere with adequate access and landscaping. The proposed outdoor seating area is not in close proximity to any sensitive uses in that it is located along a commercial corridor near other commercial uses. Given the proximity of outdoor seating area to a major intersection, within a commercial area, the outdoor seating is not expected to increase the ambient noise of the area. Alcoholic Beverage Sales Regulations and Guidelines The applicant is also requesting authorization to serve beer, wine, and distilled spirits for on-site consumption in conjunction with a restaurant use (ABC license Type "47"). The sale of beer and wine for on-site consumption can be authorized only in conjunction with a "bona fide" restaurant use in conformance with the City's Alcohol Beverage Sales Establishment 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 eighty (80) percent of the premises 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. Since the proposed sales of beer and wine for on-site consumption would be in conjunction with a restaurant, Section 9232(b)(p) of the Tustin City Code exempts the facility from meeting the minimum distance to sensitive uses (i.e. churches, residential, parks, playground, etc.). If approved, the project would be conditioned to ensure that the establishment remains a restaurant. Staff has included conditions pertaining to the City's Alcoholic Beverage Sales Establishment Guidelines in Resolution No. 4016 to mitigate concerns related to the on-site sale and consumption of beer, wine, and distilled spirits in conjunction with the restaurant. Architectural Design The modern architectural design of the project includes a combination of plaster, metal, and glass consistent with Chipotle's current design concept (Attachment B - Submitted Planning Commission Report CUP 05-026 and DR 05-012 February 13, 2006 Page 5 Plans). The stucco walls would be painted a tan color, "Wild Cattails," and would be accented with horizontal, recessed rows of glass block and a horizontal band near the roof parapet painted dark Chipotle Brown, and Black Bamboo would be planted adjacent to the east elevation. Structural steel around the glass storefront, facing Newport Avenue, would be painted Chipotle Red and the outdoor dining area would have railing, painted Chipotle Red, with pre -galvanized woven wire mesh between the railings. The building would be fourteen (14) feet, ten (10) inches tall, with an approximately three (3) foot corrugated metal mechanical screen located generally within the center of the building, which is consistent with the height of other buildings in the vicinity. A color and material board will be available for inspection at the Planning Commission meeting. The main entry would be accented with a twenty (20) foot tall pylon element with a double -sided "Chipotle" wall sign. Condition 2.20 would require the applicant to submit complete sign plans for the entire project that include all proposed monument signs, wall signs, secondary signs, and directional signs. FINDINGS A decision to approve this request may be supported by the findings that the establishment, maintenance, and operation of an outdoor dining area and the sales of beer and wine for on-site consumption in conjunction with a bona fide restaurant will not 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, in that: A. The proposed outdoor dining use is consistent with the zoning and development standards for the property and will operate in accordance with policies and requirements of the Guidelines for Outdoor Seating as established by Planning Commission Resolution No. 2490 in that: The outdoor patio area is physically and clearly defined; 2. Access to the outdoor seating area is through an interior door from the restaurant; 3. The outdoor seating area does not obstruct vehicular or pedestrian traffic flow; 4. As conditioned, the proposed patio enclosure for outdoor seating will be compatible with the design of the main structure; 5. The architecture of the proposed patio structure is compatible and consistent with the design of the center. Planning Commission Report CUP 05-026 and DR 05-012 February 13, 2006 Page 6 6. The proposed outdoor dining area is not in close proximity to any residential, school, or religious worship use in that it is located along a commercial corridor near other commercial uses. B. Outdoor dining and alcoholic beverage sales are conditionally permitted pursuant to Planning Commission Resolution No. 2490 (outdoor seating areas) and the City of Tustin Alcoholic Beverage Control Guidelines, respectively; Design Review is required for review of site layout and architectural design. C. 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. D. The on-site consumption of alcoholic beverages would be in conjunction with a restaurant where food will be served at all times when alcoholic beverages are served. As conditioned, no ancillary bar use would be able to be established at the subject location. E. The restaurant use is located along a commercial corridor on Newport Avenue where a variety of retail, office, and restaurant uses are located. The characteristics of the restaurant use, hours of operation of the restaurant, and outdoor dining area would be similar to other restaurants within the vicinity. F. As conditioned, the outdoor seating would be limited to a maximum of twenty (20) seats and the indoor dining to forty-six (46) seats for a total of sixty-six (66) seats. The proposed seating can be accommodated by the proposed twenty-five (25) parking spaces. G. The proposed hours of operation are from 10:00 a.m. to 11:00 p.m., daily, consistent with other commercial uses in the immediate area. H. Pursuant to the Section 9272 of the Tustin Municipal Code, 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, or the occupancy as a whole, including the consideration of the following items: 1. Height, bulk, and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors, and other openings. 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Location, height, and standards of exterior illumination. 8. Landscaping, parking area design, and traffic circulation. Planning Commission Report CUP 05-026 and DR 05-012 February 13, 2006 Page 7 9. Location and appearance of equipment located outside an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12.Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. Matt West Associate Planner Attachments: A. Location Map B. Submitted Plans C. Resolution No. 4016 SACdd\PCREPORT\2006\CUP 05-026 pereport (Chipotle).doc Dana Ogdon Ij Assistant Director ATTACHMENT A Location Map r LOCATION MAP 4 c PROJECT NO. / ADDRESS I CUP 05-026 DR 05 -012 - LOCATION: 13348 Newport Avenue REQUEST: " n h A request by John Vezinan o behalf Chipotle Mexican Grill requesting approval to construct a new 2,565 square foot restaurant with outdoor seating area, and permit a Type 47 ABC License to sell beer, wine, and distilled spirits at 13348 Newport Avenue. 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W ■ ■$§2 � \ . a F _ ■; � ® � 3 \ � � ct � m LL ■ ■ �_ y « � ■ r � \ z � / anN]zt|I60dm§N | � • §® 2 ■ > §| ■|||| °�'� � | | . |$ | |� | (� � |� §■ | § !§ |||||| 2 k ||§| `2!|2 �« }} q � ■ � a ! |2||||22||| _-_.,_...._ § ..,■.,�■■■. �§�• � � ATTACHMENT C Resolution No. 4016 RESOLUTION NO. 4016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN AUTHORIZING DEMOLITION OF AN EXISTING DRIVE-THROUGH PHARMACY, CONSTRUCTION A NEW 2,565 SQUARE FOOT RESTAURANT WITH OUTDOOR SEATING AREA, AND A TYPE 47 ABC LICENSE (ON -SALE GENERAL FOR BONA FIDE PUBLIC EATING PLACES) TO SELL BEER, WINE, AND DISTILLED SPIRITS AT 13348 NEWPORT AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 05-026 and Design Review 05-012 was submitted by John Vezirian on behalf of Chipotle Mexican Grill requesting approval to construct a new 2,565 square foot restaurant with outdoor seating area, and permit a Type 47 ABC License to sell beer, wine, and distilled spirits at 13348 Newport Avenue; B. That a public hearing was duly called, noticed, and held for said item on February 13, 2006, by the Planning Commission; C. The proposed outdoor dining use is consistent with the zoning and development standards for the property and will operate in accordance with policies and requirements of the Guidelines for Outdoor Seating as established by Planning Commission Resolution No. 2490 in that: 1. The outdoor patio area is physically and clearly defined; 2. Access to the outdoor seating area is through an interior door from the restaurant; 3. The outdoor seating area does not obstruct vehicular or pedestrian traffic flow; 4. As conditioned, the proposed patio enclosure for outdoor seating will be compatible with the design of the main structure; 5. The architecture of the proposed patio structure is compatible and consistent with the design of the center; and, 6. The proposed outdoor dining area is not in close proximity to any residential, school, or religious worship use in that it is located along a commercial corridor near other commercial uses. Resolution No. 4016 CUP 05-026 and DR 05-012 February 13, 2006 Page 2 D. Outdoor dining and alcoholic beverage sales are conditionally permitted pursuant to Planning Commission Resolution No. 2490 (outdoor seating areas) and the City of Tustin Alcoholic Beverage Control Guidelines, respectively; Design Review is required for review of site layout and architectural design. E. 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. F. The on-site consumption of alcoholic beverages would be in conjunction with a restaurant where food will be served at all times when alcoholic beverages are served. As conditioned, no ancillary bar use would be able to be established at the subject location. G. The restaurant use is located along a commercial corridor on Newport Avenue where a variety of retail, office, and restaurant uses are located. The characteristics of the restaurant use, hours of operation of the restaurant, and outdoor dining area would be similar to other restaurants within the vicinity. H. As conditioned, the outdoor seating would be limited to a maximum of twenty (20) seats and the indoor dining to forty-six (46) seats for a total of sixty-six (66) seats. The proposed seating can be accommodated by the proposed twenty-five (25) parking spaces. The proposed hours of operation are from 10:00 a.m. to 11:00 p.m., daily, consistent with other commercial uses in the immediate area. J. The project is Categorically Exempt pursuant to Section 15303, Class 3 of Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). K. Pursuant to the Section 9272 of the Tustin Municipal Code, 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, or the occupancy as a whole, including consideration of the following items: 1. Height, bulk, and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors, and other openings. Resolution No. 4016 CUP 05-026 and DR 05-012 February 13, 2006 Page 3 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Location, height, and standards of exterior illumination. 8. Landscaping, parking area design, and traffic circulation. 9. Location and appearance of equipment located outside an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. II. The Planning Commission hereby approves Conditional Use Permit 05-026 and Design Review 05-12 authorizing demolition of an existing drive-through pharmacy, construction of a new 2,565 square foot restaurant with outdoor seating area, and a Type 47 ABC license (on -sale general for bona fide public eating places) to sell beer, wine, and distilled spirits, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 13th day of February, 2006. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) Resolution No. 4016 CUP 05-026 and DR 05-012 February 13, 2006 Page 4 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4016 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of February, 2006. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 05-026 AND DESIGN REVIEW 05-012 CONDITIONS OF APPROVAL FEBRUARY 13, 2006 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped on January 12, 2006, the date of approval, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. (1) 1.2 Conditional Use Permit approval shall become null and void unless an Alcoholic Beverage Control License Type "47" is obtained from the State Department of Alcoholic Beverages Control and the sale and consumption of beer and wine commences within twelve (12) months of the date of this exhibit. Time extensions may be granted by the Community Development Department if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 All conditions in this Exhibit shall be complied with prior to the establishment of alcoholic beverage sales and/or outdoor dining or as specified, subject to review and approval of the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 05-026 and Design Review 05-012 are 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. Failure to comply with the conditions of approval shall be grounds for revocation of the conditional use permit. (1) 1.5 Conditional Use Permit 05-026 authorizes ABC License Type "47" for the on-site sale and consumption of beer, wine, and distilled spirits in conjunction with a bona fide eating place. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4016 CUP 05-026 and DR 05-012 Page 2 (1) 1.6 As a condition of approval of Conditional Use Permit 05-026 and Design Review 05-012, 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) 1.7 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 by ordinance. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement, action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. *** 1.9 Conditional Use Permit 05-026 and Design Review 05-012 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 05-026 and Design Review 05-012, or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.10 No alteration of the tenant space, except as approved as part of Conditional Use Permit 05-026 and Design Review 05-012, shall occur without prior approval of the Community Development Director. Modifications to the floor area including removal of fixed seats, services, and/or operation of the business may require consideration of a new Conditional Use Permit. USE RESTRICTIONS (3) 2.1 No off-site sale or consumption of alcohol for any type of ABC license is authorized. All alcoholic beverages shall be consumed on-site, with the exception of the provisions stated in the Business and Profession Code Section 23396.5 and 23401. Exhibit A Resolution No. 4016 CUP 05-026 and DR 05-012 Page 3 (5) 2.2 The total number of interior seats shall not exceed forty-six (46) seats and the outdoor seats shall not exceed twenty (20) seats for a total of sixty-six (66) seats, unless the property owner demonstrates, through the submittal of a parking and land use summary, or as otherwise authorized by current provisions of the Tustin City Code, that an adequate number of on-site parking spaces are available to accommodate additional seating for the restaurant. (5) 2.3 Hours of sales of beer and wine shall be limited to the hours when food is available. Menu items shall be available in the restaurant during business hours. Permitted hours of operation are 10:00 a.m. to 11:00 p.m., daily. The Community Development Director may administratively modify the hours operation after receiving a written request from the business owner. (1) 2.4 The menu of the restaurant shall consist of foods that are prepared on the premises. (5) 2.5 Authorization for the on-site sales of beer, wine, and distilled spirits (ABC License Type "47") is contingent upon the use of the subject premises remaining a restaurant. Should this use change or be discontinued, authorization for this use permit is null and void. (5) 2.6 The restaurant shall operate within all applicable State, County, and Tustin City Code provisions, including the City of Tustin Noise Ordinance. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or 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 by the Tustin City Code. (2) 2.7 "No Loitering" signs shall be placed near the entrance on the outside of the premises or in other specified locations where alcoholic beverages are sold. (2) 2.8 All litter shall be removed from the exterior areas around the premises including adjacent public sidewalk areas and parking areas, no less frequently than once each day that the business is open. (2) 2.9 An approved live entertainment permit is required prior to establishing any non-exempt live entertainment on the premises. (1) 2.10 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (5) 2.11 All persons selling alcoholic beverages shall be eighteen (18) years of age or older and shall be supervised by someone twenty-one (21) years of age Exhibit A Resolution No. 4016 CUP 05-026 and DR 05-012 Page 4 or older. A supervisor shall be present in the same area as the point of sale. (2) 2.12 Exterior public pay telephones shall be prohibited and interior public pay phones shall be programmed to prevent incoming calls. (2) 2.13 Business operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (5) 2.14 To verify that gross annual sales of food exceed the gross annual sales of alcoholic beverages, an audited financial statement shall be provided for review and approved by the Community Development Director annually. If the audited financial statement demonstrates that the sales of alcoholic beverages exceeds the sales of food, then the sale of alcoholic beverages shall cease immediately until it can be determined whether the use is operating as a restaurant or a club that would be subject to distance separation requirements. (7) 2.15 The applicant shall provide trash receptacles in the outdoor dining area and parking lot, and the dining areas and parking lot shall be cleaned on a continual, daily basis for removal of litter and food items. (7) 2.16 The proposed outdoor dining area shall be set back a minimum of five (5) feet from the parking lot. (7) 2.17 No outdoor music or public address system shall be permitted. (1) 2.18 The proposed patio enclosure for outdoor seating area shall be designed and constructed consistent with and complement the architecture of the main building. (1) 2.19 All exterior patio lighting shall be completely contained within the patio area. (1) 2.20 The applicant shall provide a conceptual sign plan for the project prior to issuance of sign permit. The drawings shall identify all project signs (i.e. monument sign, wall signs, secondary signs, and directional signs) and provide conceptual information regarding the overall size, location, material, massing, colors, and design of the proposed signs. BUILDING DIVISION (3) 3.1 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), 2004 California Electrical Exhibit A Resolution No. 4016 CUP 05-026 and DR 05-012 Page 5 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. • Two (2) copies of Title 24 energy calculations. • Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on site and off site where applicable. • Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. • Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall -mounted fixtures shall be directed at a 90 degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot-candle of light coverage, in accordance with the City's Security Ordinance. • A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1) foot-candle of light, and lighting shall not produce light, glare, or have a negative impact on adjacent properties." (3) 3.2 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. (1) 3.3 Prior to issuance of demolition, precise/rough grading, and or building permit with valuation of $50,000 or greater the applicant shall submit for approval by the City of Tustin, Construction & Demolition (C&D) debris collection, disposal, and diversion information in the city prescribe forms. Exhibit A Resolution No. 4016 CUP 05-026 and DR 05-012 Page 6 At least 50 percent of the construction debris shall be diverted from landfill to the recycling plants. A security deposit in amount of $50 per ton (not to exceed $5,000 per project) for C&D security deposit will be collected prior to issuance the permit. Prior to final inspection, applicant shall submit to the City of Tustin documents (i.e. receipt from vendor) showing actual weight or volume of each material of C&D diverted to the recycling center. For any questions or concerns, please contact Joe Meyers at (714) 573- 3173. (City Ordinance 1281) (1) 3.4 Four (4) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer shall be submitted and shall include the following: • Technical details and plans for all utility installations including telephone, gas, water, and electricity. • Three (3) copies of precise soil report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on- site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. • All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. • Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards. • Two (2) copies of Hydrology Report. (1) 3.5 A surety/cash bond will be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of the grading, drainage, and erosion control shall be submitted to the Building Official for determination of the bond amount. (1) 3.6 Prior to issuance of any permits, 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 specified 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. Exhibit A Resolution No. 4016 CUP 05-026 and DR 05-012 Page 7 (1) 3.7 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700.00 for the estimated cost of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for any additional review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. (1) 3.8 Prior to issuance of any permits, the property owner(s) shall record a declaration of restrictions with the County Clerk Recorder. This declaration binds 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. This form can be obtained from the Community Development Department The Community Development and Public Works Department shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. (1) 3.9 A note shall be provided on final plans that a six (6) foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 3.10 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the building. The numerals shall be no less than six (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. (1) 3.11 The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. PUBLIC WORKS/ENGINEERING (1) 4.1 The property owner shall not object to restricting access at the First Street exit to right -turn out only in the future if the Public Works Director determines operational problems develop. (1) 4.2 A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, shall be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements shall be required adjacent to this development. Said plan shall include, but not be limited to the following: Exhibit A Resolution No. 4016 CUP 05-026 and DR 05-012 Page 8 a) Curb and Gutter b) Sidewalk, including curb ramps for the physically disabled c) Drive aprons d) Street Lighting e) Landscape/irrigation f) Domestic water facilities g) Sanitary sewer facilities h) Underground utility connections In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation shall be required. (1) 4.3 Preparation of plans for and construction of: A. All sanitary sewer facilities shall be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per the standards of the Orange County Sanitation District No. 7. B. A domestic water system shall be designed and installed to the standards of the City of Tustin Water Services Division. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants shall be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Release/approval from East Orange County Water District shall be obtained prior to receiving water service. (1) 4.4 Adequate horizontal and vertical intersection sight line shall be provided. In general a 25' x 25' limited use area triangle provides adequate sight at typical driveways. Addition sight evaluation, however, could be required to satisfy City of Tustin Standard Drawings and Design Standards for Public Works Construction No. 510 for all affected streets. The sight lines would be shown on the grading plan and landscape plan. If detailed analyses are requested, all landscaping within the limited use area would need to comply with City of Tustin Standard Drawings and Design Standards for Public Works Construction No. 510. (1) 4.5 Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. (1) 4.6 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. Exhibit A Resolution No. 4016 CUP 05-026 and DR 05-012 Page 9 (1) 4.7 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive aprons. This will require construction of 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, as prepared by a California Registered Civil Engineer and/or California Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval. (1) 4.8 In addition to the normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required shall be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 2004 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD -based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings shall be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2004. Drawings created in AutoCAD Release 2000 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. (1) 4.9 Prior to issuance of any building permits, the applicant shall provide fire protection access easements and dedicate them to the City. The easements shall be located within unobstructed areas and clear access shall be provided at all time. (1) 4.10 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 4.11 Project Recycling Requirement — The City of Tustin is required to comply with the recycling requirements contained in the California Integrated Waste Management Act of 1989. To facilitate City compliance with this law, the Project Applicant is required to comply with Section 4327 of the Tustin City Code which details requirements for developing and implementing a Waste Management Plan. Exhibit A Resolution No. 4016 CUP 05-026 and DR 05-012 Page 10 (1) 4.12 Commercial and Multi -Family Recycling a. The Applicant, Property Owner, and/or tenant(s) are required to participate in the City's recycling program. b. Prior to issuance of a building permit, a solid waste recycling plan identifying planned source separate and recycling programs shall be submitted and approved by the City of Tustin Public Works Department. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 5.1 Prior to the issuance of any building permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on-site. The site plan shall indicate locations of existing fire hydrants nearest the property line. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." (5) 5.2 Prior to the issuance of any building permits, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available an automatic fire extinguishing system may be required in each structure affected. (5) 5.3 Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief. The applicant may contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. FEES (1) 6.1 Prior to issuance of any building permits, payment shall be made of all applicable fees based upon those rates in effect at the time of payment and are subject to change, including but not limited to, the following: a. Building plan check and permit fees to the Community Development Department based on the most current schedule. b. Engineering/Public Works plan check and permit fees to the Public Works Department based on the most current schedule. 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. 4016 CUP 05-026 and DR 05-012 Page 11 d. Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department shall be required at the time a building permit is issued. The current fee is $3.52/sg.ft. e. Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees shall be required at the time a building permit is issued. The current fee is $2,490/1,000 sq.ft. New development fees in the amount of $0.10/sq.ft. of new floor area to the Community Development Department. (1) 6.2 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 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.