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HomeMy WebLinkAboutPC RES 4425 DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 RESOLUTION NO. 4425 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2021-0001, CONDITIONAL USE PERMIT 2021-0006, AND DESIGN REVIEW 2021-0004, A REQUEST TO AUTHORIZE LIVE MARIACHI ENTERTAINMENT, TO APPROVE PAINTED GRAPHIC MURALS, AND THE REMODEL OF THE EXTERIOR FACADES AND OUTDOOR DINING AREA, IN CONJUNCTION WITH A RESTAURANT AT 2497 PARK AVENUE The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2021-0001, CUP 2021-0006, and Design Review (DR) 2021-0004 were filed by Jose and Teresa Hernandez requesting authorization to establish live Mariachi entertainment, add painted graphic murals and remodel the exterior facades and outdoor dining area in conjunction with a restaurant (Sol De Mexico, Inc.) at 2497 Park Avenue. B. That the proposed use is consistent with the Tustin Legacy Specific Plan (SP-1) zoning district, which provides for the establishment of a variety of commercial uses. In addition, 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 pursuant to Sections 9270a(e) and 3231 of the Tustin City Code (TCC), a CUP for live entertainment and approval of a live entertainment permit are required prior to the presentation of live entertainment. D. That pursuant to Section 9404b.4 of the TCC, a CUP is required for murals or graphics which do not promote a product or business, but which depict a scene or image and pursuant to Section 9272 of the TCC, DR is required for signs (includes murals or graphics). E. That a public hearing was duly called, noticed, and held for CUP 2021-0001, CUP 2021-0006, and DR 2020-0004 on April 27, 2021, by the Planning Commission. F. That the establishment, maintenance, and operation of live entertainment will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of the proposed use, 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 in that: DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Resolution No. 4425 Page 2 1) The live entertainment use will operate in conjunction with a restaurant, which is permitted within the SP-1 zoning district. 2) That the proposed restaurant establishment hours (11:00 a.m. to 11:00 p.m., Tuesday-Sunday) are similar and compatible with other businesses and restaurant in the vicinity. 3) That operation of the live entertainment shall not occur after 11:00 p.m. 4) Noise impacts are anticipated to be minimal as all live entertainment would be conducted entirely within the building and outdoor dining area and no amplified music will occur in the outdoor dining area. 5) That the ambient noise levels resulting from the live entertainment shall not exceed the standards of the City's Noise Ordinance. 6) As conditioned, the proposed live entertainment would be compatible with the surrounding uses and the TCC in that the proposed live entertainment would be ancillary to the restaurant use, the Mariachi band is a type of restaurant entertainment that customers can enjoy while they have a meal and drinks, and that the subject restaurant establishment is located in a pedestrian-oriented lifestyle center with no residential areas in the vicinity. 7) That the City's Police Department has reviewed and supports the proposed use, as conditioned. 8) As conditioned, CUP 2021-0001 for live entertainment may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with CUP 2020-0001 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. G. That the enhancement of the exterior fagade with artistic mural graphics 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- 1) hat:1) That pursuant to Section 9404b.4 of the TCC, proposed painted graphic murals are considered painted wall signs and is allowed when depicting a scene or image not promoting a product or business, subject to an approved CUP. 2) That, as conditioned, the proposed artistic graphic murals will not promote a product or business and will be subject to City review. DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Resolution No. 4425 Page 3 3) That, as conditioned, all graphic murals shall be weather and rain resistant, abrasive resistant, peel resistant, and non-yellowing so as not to degrade in adverse weather conditions. 4) That, the maintenance and removal of any future graphic art murals for the site is adequately addressed in the conditions of approval. 5) Pursuant to Section 9272c of the TCC, the Community Development Department finds that the location, size, architectural features, and general appearance of the proposed project 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 Community Development Department has considered at least the following items: a. Height, bulk and area of buildings. The height and bulk of the existing building is compatible with surrounding buildings. No changes to height or bulk are proposed in conjunction with this project. b. Setbacks and site planning. All existing building setbacks will remain unchanged. c. Size and spacing of windows, doors and other openings. Windows will be removed to shield the stage from view and the front entry door will be relocated to a waiting area. The proposed changes will be an enhancement for the restaurant and exterior facade. d. Exterior materials and colors. The proposed combination of painted graphic murals along the exterior of the existing building walls increase the structure's visual interest from the public right- of-way. The proposed exterior materials and colors are compatible with the building and overall contemporary design. e. Landscaping, parking area design and traffic circulation. The existing parking lot is in compliance with current development standards. No landscaping or parking area improvements are proposed in conjunction with this project. f. Location and appearance of equipment located outside of an enclosed structure. All equipment is fully screened from view and will remain unchanged. g. Proposed signing. As conditioned, building signage shall comply with applicable regulations and shall be submitted to the Community Development Department for review and approval. DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Resolution No. 4425 Page 4 h. The proposed project is consistent with the development Guidelines and criteria as adopted by the City Council. The proposed project, as conditioned, complies with development standards, and provides an updated look to the existing contemporary building that enhance the appearance of every elevation of the building with a clear and defined style and curated color scheme. H. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves CUP 2021-0001, CUP 2021-0006, and DR 2021-0004 and for exterior modifications to the existing commercial building and authorizing the establishment of live Mariachi entertainment and painted graphics in conjunction with a restaurant establishment located at 2497 Park Avenue, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 27th day of April, 2021. D/o/pc_u-Signedby: D3273B6DS9SA43D._. AMY MASON Chairperson DocuSigned by: -4. O�� ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Resolution No. 4425 Page 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, JUSTINA L. WILLKOM, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4425 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of April, 2021. PLANNING COMMISSIONER AYES: Chu, Higuchi, Kozak, Mason, Mello (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Docusigned by: -4. O�� ED45DA2623&54A5... JUSTINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 EXHIBIT A DR 2021-0004, CUP 2021-0001 & CUP 2021-0006 CONDITIONS OF APPROVAL 2497 PARK AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped April 27, 2021, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Design Review (DR) 2021-0004, Conditional Use Permit (CUP) 2021-0001 & CUP 2021-0006 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 notarized "Notice of Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Community Development Director, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.6 CUP 2021-0001 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 CUP 2021-0001, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development 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 DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Resolution No. 4425 Exhibit A Page 2 Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.7 As a condition of approval of CUP 2021-0001, 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 the defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. DESIGN AND SIGNAGE (4) 2.1 Project materials shall substantially comply with those identified in the approved plans. Additional color and material samples may be requested by City staff at the time of plan check. Substitutions to the approved materials may occur subject to the approval of the Community Development Director. Enhancements to the architectural detailing may be required at the time of plan check based on the proposed materials. (***) 2.2 The design of the covered contemporary, metal canopy over the outdoor dining area would be subject to Community Development Department review. (1) 2.3 A sign permit shall be applied for and obtained from the Community Development Department prior to constructing, erecting, altering, replacing, moving, or painting any sign, except for signs exempt from a permit according to the Tustin Sign Code (TSC). Permit applications shall be accompanied by information as required for a standard sign plan or master sign plan, pursuant to the TSC. (***) 2.4 All signs/painted graphics shall conform to the approved plans and revert to the TSC for any signage not addressed in this application. Minor changes could be made if signs meet the spirit and intent of this approval and are approved by the Community Development Department. DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Resolution No. 4425 Exhibit A Page 3 (***) 2.5 All maintenance and repairs to signs/murals shall be at least equal in quality and design to the original signs. (***) 2.6 All areas where wall signs/murals are removed and background discoloration or holes remain shall be appropriately patched and painted to match the building surface within thirty(30)days of removal of said sign. (***) 2.7 All signs/painted graphics shall be weather and rain resistant, abrasive resistant, peel resistant, non-yellowing and constructed of a non-corrosive, rust-resistant finish so as not to degrade in adverse weather conditions. (***) 2.8 The proposed graphics are limited to a scene or image and shall not promote a product or business. USE RESTRICTIONS (1)(4) 3.1 Operation of the outdoor restaurant seating area shall be permitted only at such times as the main place of business is open, and in no event before 6:00 a.m. and after 11:00 p.m. (1) 3.2 Authorization to provide "Live Entertainment" shall not include Adult Entertainment, sexually oriented business, burlesque shows, and lewd or indecent acts. Sexually oriented businesses shall obtain special permits pursuant to TCC Section 3900 et seq. (1) 3.3 Operation of live entertainment is contingent upon the use of the premises remaining a restaurant use. Should the use of the premises change from a restaurant use, this CUP shall be null and void. (1) 3.4 A Live Entertainment Permit shall be obtained through the Finance Department prior to establishing, conducting, or carrying on any live entertainment. The Live Entertainment Permit shall be non-transferable to any person(s). (1) 3.5 No business operating with a valid Live Entertainment Permit shall employ any person who has been convicted of illegal drug usage, drug dealing, or prostitution within the last five (5) years. DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Resolution No. 4425 Exhibit A Page 4 (1) 3.6 If in the future the City's Community Development Director, Police Chief and/or Public Works Department determine that a parking, traffic, or noise problems exists on the site or in the vicinity as a result of the presentation of live entertainment, the Community Development Director, Police Chief, and/or Public Works Department may require the applicants to prepare a parking demand analysis, traffic study, or a noise study, the applicants shall be required to provide measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said measures may include, but are not limited to, the following: A. Adjust hours of operation. B. Eliminate live entertainment. C. Reduce the number/frequency of performers. D. Require additional on-site security personnel. E. Provide additional parking. (1) 3.7 The live entertainment 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. (1) 3.8 The ambient noise levels resulting from the live entertainment and business operations shall not exceed the standards of the City's Noise Ordinance. Outside address speakers, telephone bells, buzzers, and other similar devices, which are audible from adjoining properties, shall be prohibited. (***) 3.9 No amplified music shall occur in the outdoor dining area. (1) 3.10 The proposed stage shall not be open to view from outside the premises. (1) 3.11 Fire and Police access and passage shall be permitted at all times. (1) 3.12 No outdoor storage shall be permitted except as approved by the City's Community Development Director. (1) 3.13 There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (1) 3.14 There shall be an individual assigned during all open business hours in charge of occupancy. This individual shall assure the occupancy limits established by the City are within compliance. (1) 3.15 Persons who appear intoxicated shall not be admitted into the establishment. DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Resolution No. 4425 Exhibit A Page 5 PLAN SUBMITTAL (1) 4.1 All construction shall comply with 2019 California Building Code, California Mechanical Code, California Electrical Code, California Plumbing Code, California Green Code and California Energy Code. (1) 4.2 The applicant/contractor is required to submit a Waste Reduction and Recycling Plan (WRRP) to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (TCC Section 4351, et al) to recycle at least sixty-five (65) percent of the project waste material or the amount required by the California Green Building Standards Code. A. The applicant will be required to submit a fifty-dollar ($50.00) application fee and a cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount will be collected in accordance with the TCC. B. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". FEES (1) 5.1 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 OC CLERK-RECORDER in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.