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HomeMy WebLinkAboutPC RES 3796tO. l! t2 '13 t4 ]7 t8 20 22 23 2.4 25 2? 28 29 RESOLUTION NO. 3796 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 99-035 AND DESIGN REVIEW 99-043 AUTHORIZING EXPANSION OF THE OUTDOOR AND INTERIOR DINING AREAS FOR A TOTAL OF '192 SEATS, AND A REDESIGNED PATIO COVER AND WAITING AREA AT THE SOUTHERN ENTRANCE OF THE RESTAURANT LOCATED AT 17440 E. 17TM STREET (ZOV'S BISTRO) he Planning Commission does hereby resolve as follows' The Planning Commission finds and determines as follows' A. That a proper application was filed by Gary and Zov Karamardian to amend Conditional Use Permit 99-035 and Design Review 99-043 authorizing expansion of the outdoor and interior dining areas .for a total of 192 seats, and a redesigned patio cover and waiting area at the southern entrance of the restaurant located at 17440 E. 17th street and more specifically described as Assessor's Parcel Nos. 401-252-10. B. That the proposed site is within the Planned Community (PC) Commercial/Business Land Use Designation of the General Plan that provides for restaurant uses. 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 consistent with the Air Quality Sub- element. That the proposed site is within the Planned Community Commercial (PC- COMM) zoning district where restaurant uses are permitted. D~ That a public hearing was duly called, noticed and held on said application on August 13, 2001 by the Planning Commission. E,, That .the establishment, maintenance and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: 1) The proposed outdoor seating is consistent with the City of Tustin's Guidelines for Outdoor Seating (Planning Commission Resolution 2490) in that: The outdoor patio area is physically and clearly defined; Access to the outdoor seating area is through a gated main entrance to the restaurant; Resolution No. 3796 Page 2 · The outdoor seating area does not obstruct vehicular or pedestrian traffic flow; and · The proposed patio cover for outdoor seating is compatible with the design of the main structure. 2) As conditioned, the project is consistent with Beverage Sales Establishme.nt Guidelines. the Alcoholic 3) The additional seating would not impact the available parking on the site, since the center has excess parking and is in compliance with the parking requirements of the Planned Community Commercial (PC-COMM) district. 4) As conditioned, the patio and proposed use will not have a negative effect on the surrounding properties in that the restaurant location is within a retail center bounded by four streets, and separated from residential uses by more than 200 feet. 5) The proposed patio structure and proposed use, as conditioned, will not be a detriment to the public health, safety, welfare and aesthetics of the retail center in that the architecture is compatible with the main buildings and eclectic design of the various restaurants in the center. 6) The proposed outdoor seating will not be detrimental to the surrounding properties in that that the hours of operation will be consistent with the hours of operation for other restaurant uses in the Enderle center. 7) As conditioned, the patio furniture, umbrellas, and the fabric patio cover would be maintained and replaced, when necessary, or upon notification by the City. F, Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of the redesigned patio cover and entryway, 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' , 2. 3. 4. 5. 6. Height, bulk and area of buildings. Setbacks and site planning. Exterior materials and colors. Type and pitch of roofs. Size and spacing of windows, doors and other openings. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 10 12 14 15 16 18 19 Resolution No. 3796 Page 3 ,, 10. 11. 12. 13. II. G, Landscaping, parking area design and traffic circulation. Location, height and standards of exterior illumination. Location and appearance of equipment located outside of an enclosed structure. Location and method of refuse storage. Physical relationship of proposed structures to existing structures in the neighborhood. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. Development Guidelines and criteria as adopted by the City Council. This project is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Planning Commission hereby approves amendment to Conditional Use Permit 99-035 and Design Review 99-043 authorizing expansion of the outdoor and interior dining areas for a total of 192 seats, and a redesigned patio cover and waiting area at the southern entrance of the restaurant located at 17440 E. 17th street, subject to the conditions contained in Exhibit A, attached hereto. ELIZABETH A. BINSACK 22 23 24 25 26 27 28 29 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 13th day of August, 2001. ~, L~_.sLIE A. PON:i'IOUS Chairperson Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that l am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3796 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of August, 2001. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL EXHIBIT A. AMENDMENT TO CUP 99-035 AND DR 99-043 CONDITIONS OF APPROVAL RESOLUTION NO. 3796 (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 13, 2001, 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 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. (4) 1.2 Prior to the issuance of any building permits for the project, all conditions contained in Resolution No. 3796 shall be complied with 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 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. (1) 1.4 Approval of the amendment to CUP 99-035 and DR 99-043 is contingent upon the applicant and property owners signing .and returning an "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. Tho forms shall bo established by the Director of Community Development, and evidence of recordation shall bo provided to tho Community Development Department. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project' (1) 1.6 As determined by a City Code Enforcement Officer, any violation of any of the conditions imposed by this Resolution is subject to thee imposition of a civil penalty of $100.00 for each violation and each day the violation exists. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A- Conditions of App, Resolution No. 3796 August 13, 2001 Page 2 The applicant shall be responsible for costs associated with any necessary code enforcement action. Approved uses shall operate within all applicable State, County and the Tustin City Code. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or of the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject Conditional Use Permit, as provided for in the Tustin City Code. USE RESTRICTIONS (1) 2.2 Authorization for outdoor seating 'is contingent upon the use of the subject site remaining a restaurant or other eating establishment. As such time that restaurant use is discontinued, the use permit shall become null and void and the property owner and tenant are responsible for. removing all improvements related to the outdoor seating area. The outdoor seating area shall be cleaned on a continual, daily basis for removal of litter, food items, and other debris which constitute a public nuisance. (1) 2.3 No live entertainment may be provided in the restaurant or outdoor seating area without prior written approval of community Development Director. 2.4 Hours of outdoor seating shall be limited to the hours of operation for the restaurant. Menu items shall be available in the restaurant during business hours. Any extension of these hours shall require approval of an' amendment of Conditional Use Permit 99-035 by the Community Development Director. 2.5 A maximum of eighty-six (86) seats shall be located within the outdoor enclosed area .as designated on the plan. Expansion of the outdoor seating area shall require an amendment to the conditional use permit. A maximum of one hundred and six (106) seats shall be permitted within the interior dining. (1)(5) 2.6 Any necessary modification of the existing permit from the Department of Alcoholic Beverage Control shall be obtained for serving alcoholic beverages in the outdoor dining area and submitted to Community Development Department. (4) 2,7 The applicant shall submit manufacturer specifications and color for all outdoor furniture to the Community Development Department for approval. All outdoor dining areas shall contain trash receptacles that match the outdoor furniture in color and design. Exhibit A- Conditions of App,. ~1 Resolution No. 3796 August 13, 2001 Page 3 (4) 2.8 The patio cover, outdoor furniture, umbrellas, and the canvas structure shall be maintained aesthetically .pleasing at all times free of tears, holes and color faded due to sun or rain damage. The restaurant owner shall replace the umbrellas or canvas structure as needed or within thirty (30) days if notified by the Community Development Department that they need to be replaced due to fading, rips or other similar reasons. . (4) 2.9 All landscaping at the perimeter of the outdoor dining area including the topiary columns shall be trimmed and maintained in a healthy condition at all times. (*) 2.'10 The canvas patio cover shall be constructed of fire-resistant materials as required by the Orange County Fire Authority. The structure shall be inspected and approved by the Orange County Fire Authority prior to occupancy. *** 2.11 The restaurant is entitled to two signs on the' south side of the restaurant. There are two (2) existing wall signs; one designed as part of the fountain structure and one at the upper fascia board of the building. In accordance with the Enderle Center Sign Program no additional signage .is permitted. Installation of any new sign would require removal of one of the existing signs. (1) 2.12 All signs, including any change of copy, require review and approval by the Community Development Department prior to installation. (1) 2.13 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. (1) 2.14 Business operations shall be in a manner which does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (1) 2.15 All alcohol shall be consumed on-site with the exception of the provisions stated in the Business and Professions Code Section 23396.5 and 23401. PLAN SUBMITTAL (1) 3.1 At the time of building permit application, the plans shall complY with the 1998 California Building Code (CBC), 1998 California Mechanical Code (CMC), 1998 California Plumbing Codes (CPC), 1998 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. Exhibit A- Conditions of Appru~al Resolution No. 3796 August 13, 2001 Page 4 (1) 3.2 (3) 3.3 (1) 3.4 (3) 3.5 (3) 3.6 (3) 3.7 (1) 3.8 Building plan check submittal shall include the following' · Seven (7)sets of construction plans, including mechanical, plumbing and electrical plans. o 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. o .Details for the proposed windows and doors. o Roofing material shall be fire rated class "B" or better. o Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. 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 1998 California Building Code Appendix Chapter 29, as per type of group occupancy, or' as approved by the Building Official. All new glass doors and windows, in or adjacent to doors, shall be tempered per1998 California Building Code Section 2406.4. Prior to permit issuance, approval from the Orange County Department and the Orange County Fire Authority is required. Health Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities,, drinking fountain, and public telephones shall be accessible to persons with disabilities. Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. Parking spaces designed for use by persons with disabilities shall comply with California Title 24 Regulations. 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. Exhibit A- Conditions of Appr~,ai Resolution No. 3796 August 13, 2001 Page 5 (1) 3.9 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 residence. The numerals shall be no less than (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) 4.1 The operation of the outdoor seating area shall conform to the Tustin Noise Ordinance. (1) 4.2 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 Friday, and between 9'00 a.m. and 5'00. p.m. on Saturday, unless otherwise determined by the .Building Official. (1) 4.3 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. FIRE AUTHORITY (5) Prior to approval of the building permit, the applicant shall submit plans for the review and approval of the Fire Chief per the "Orange County Fire Authority Plan Submittal Criteria Form". Please contact the Orange County Fire Authority at (714) 744-0499 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. (c) 6.1 Prior to issuance of any permits, the applicant shall pay the following fees. Payment will be required based upon the rate in effect at the time of permit issuance and are subject to change. a. Ail applicable Building plan check and permit fees shall be paid to the Community Development Department. b. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. C. New development tax in the amount of $0.10 per square foot of new gross floor area. 'i Exhibit A- Conditions of Appru,,~l Resolution No. 3796 August 13, 2001 Page 6 d. el Transportation System Improvement Program (TSIP), Benefit Area "A" fees in the amount of $5.53 per square foot of new or added gross square floor area of construction or improvements to the Community Development Department. The Orange County Sanitation District No. 7 sewer connection fees in effect at the time of building permit issuance. In case of existing structures connected to the District's system facilities that new structure is made to change or increase the category of the use, a Capital Facilities Capacity Charge shall' be calculated and paid based on the new use, less a credit amount for the prior category of use. The current fee is $1,820.40. Within forty-eight (48) hours of project approval, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CL£RK in the amount of forty-three (43) 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.