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HomeMy WebLinkAboutZA ACTION 06-008 ZONING ADMINISTRATOR ACTION 06-008 CONDITIONAL USE PERMIT 06-009 AND DESIGN REVIEW 06-014 560 EL CAMINO REAL The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. A proper application was filed by Tim DeCinces of Home Plate Development requesting authorization to establish a 102-seat restaurant with on-site sale of beer and wine, located at 560 EI Camino Real. B. The site is designated as Old Town Commercial by the City General Plan and is zoned Central Commercial District within the Combining Parking Overlay District (C2-P), which provides for retail uses including restaurant establishments. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. The site is currently improved with an industrial style building, known as the Tustin Garage, which is a 'C' rated structure per the Historical Resources Survey Report. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 06-009 on October 30, 2006, by the Zoning Administrator. E. The proposed use is allowed within the Central Commercial (C2) zoning district, with the approval of a Conditional Use Permit, and consistent with the Old Town Commercial land use designation of the City of Tustin General Plan, which provides for a variety of commercial uses. F. The use is located in a commerciai area on EI Camino Real, which is a commercial corridor for Old Town Tustin where a variety of retail, office, and restaurant uses are located. The characteristics of the use and hours of operation would be similar to other restaurants in the vicinity. G. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the hea~h, 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, orlo the general welfare of the City of Tustin in Ihat: a) As conditioned, the approval is contingent on the restaurant remaining as a bona fide eating eslablishmenl; Zoning Administrator Action 06-00B CUP06-009&DROB..()14 Page 2 b) As conditioned, the bar will be an ancillary part of the restaurant and serve only 18 of the proposed 102 seats; c) The proposed daily hours of operation of 11:00 A.M. to 10:00 P.M. are compatiblo with other commercial uses within Old Town Tustin. d) As conditioned, the proposed use will meet all the requirements of the Alcoholic Beverage Sales Establishment Guidelines adopted by the Planning Commission and amended on May 14, 2001. H. That pursuant to Section 9272(c) of the Tustin City Code. the Zoning Administrator finds that the location, size, architectural features, and general appearance of the proposal 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 Zoning Administrator finds that the mass and appearance of the project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole and has considered at least the following items: 1. Height, bulk,andareaofbuildings; 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, flag poles, radio and television antennae; 7. Physical relationship of proposed structures to existing structures in the neighborhood; 8. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares; and, 9. Development guidelines and criteria as adopted by the City Council. Items 1 through 9 have been considered in that, as conditioned, the exterior modifications would be compatible with a mission style architecture that would accentuate the use of the building as a restauranl. I. As conditioned, the applicant is required to comply with the parking requirement by securing 10 parking spaces with the Tustin Redevelopment Agency and providing additional joint use parking with neighboring properties prior to obtaining building permits for the proposed modifications. Zoning Administretor Action 06-008 GUP06-o09&DR06-014 Page 3 J. 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 Zoning Administrator hereby approves Conditional Use Permit 06-009 and Design Review 06-014 authorizing a restaurant establishment with on-site alcoholic beverage saies located at 560 EI Camino Real, subject to the conditions contained within Exhibit A, attached hereto, PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin. at a regular meeting on the 30th day of October, 2006. ~d-<MW ELOISE HARRIS RECORDING SECRETARY '>;;:";'0d ~':'-Ak ELIZABETH A. BINSACK ZONING ADMINISTRATOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Eloise Harris, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 06-008 as duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 30th day of October, 2006. ~~ ELOISE RIS RECORDING SECRETARY EXHIBIT A. ZONING ADMINISTRATOR ACTION 06-008 CONDITIONAL USE PERMIT 06-009 & DESIGN REVIEW 06-014 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 30, 2006, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 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 expirali.on. (1) 1.3 Approval of Conditional Use Pennit 06-009 and Design Review 06-014 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 Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.4 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. (1) 1.5 Conditional Use Permit 06-009 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 Conditional Use Permit 06-009, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts. or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.6 As a condition of approval of Conditional Use Permit 06-009 and DR 06- 014, the applicant shall agree, at its sole cost and expense, to defend, SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEtS (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PCICC POLICY ... EXCEPTION ExhibilA CondilionsofApproval CUP06-009&DR06-o14 Page 2 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 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) 1.8 The applicant shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site (Type 41). A copy shall be provided to the City prior to issuance of a business license. (1) 1.9 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 Pennit, as provided for the Tustin City Code. (*) 1.10 The wall sign design and placement shall be processed under a separate sign penni!. The applicant shall submit a sign pennit application including elevations, and installation details for a sign compatible with the building color and material for review and approval of the Community Development Department. (') 1.11 A landscape plan in accordance with the requirements of the City's Landscape and Irrigation Guidelines shall be submitted as part of the buildingpennitapplication. USE RESTRICTIONS (1) 2.1 The restaurant establishment shall have a maximum 102 indoor and patio seats. Any increase in the number of seats is subject to approval from the Community Development Director. (1) 2.2 Based on a standard of one parking space for every three seats and 102 proposed seats, the project requires 34 parking spaces. Nine spaces are Exhibit A Cond~ionsofApproval CUP06-009&DR06-014 Page 3 provided on-site. The remaining 25 spaces shall be provided by the applicant by way of the following, and sufficient documentation shall be provided prior to issuance of a building permit: a. Enter into an agreement with the Community Redevelopment Agency (CRA) to lease 10 parking spaces at the City's parking structure. b. Collaborate with other property owners to obtain parking spaces per Section 9252.j.3{d)(3)b and provide an executed and recorded long- term parking agreement. c. Enter into an agreement as per Section 9252.j.3(d)(3}a or pay in lieu parking fees per Section 9252.j.3(d)(3)c. (1) 2.3 The project site parking lot is partially located on a separate parcel (APN 401-622-16) addressed as 135 W. Sixth Street. The applicant shall record a deed restriction for the property located at 135 W. 6111 Street requiring that it remain a parking lot serving the project site at 560 EI Camino Real for the life of the project or until a parcel merger or lot line adjustment is approved. (1) 2.4 The angled on-street parking along Sixth Street is not permitted and shall be removed from the Building Permit submittal. On-street parking shall not be counted towards meeting the required parking. (1) 2.5 Large concrete or metal planters shall be placed along the EI Camino Real driveway to create a more aesthetically pleasing streetscape and serve as a vehicle barrier. The design and placement of the planters shall be subject to approval from the Community Development Department. (1) 2.6 If in the Mura the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Departmenl. (1) 2.7 The project site is located within the Cultural Resources District. A Certificate of Appropriateness is required prior to issuance of a building permit. (1) 2.8 Any live entertainment provided at the project site shall comply with TCC Section 3231 et seq. regarding Live Entertainment. Exhibit A Conditions of Appro vat CUP 06-009 & DR06-014 Page 4 (1) 2.9 There shall be a maximum of four (4) video game machines at the project site. (1) 2.10 Any outdoor dining shall require review and approval by the Community Development Department. (1) 2.11 All persons serving alcoholic beverages within a restaurant establishment must be 18 years of age or older and supervised by someone 21 years of age or older. The supervisor shall be present in the same area as point of sale. (1) 2.12 The sale of alcoholic beverages within a restaurant establishment shall be limited to the hours when food is available. Service offood menu items shall be during all business hours. Any cocktail lounge or bar area within a restaurant shall function as a food and beverage service bar. (1) 2.13 The gross annual sales receipts shall be provided to the community Development Department annually. To verify that the gross annual sales of food exceeds the gross annual sales of alcohol in an area devoted to an ancillary use, an audited financial statement shall be provided for review and approved by the Community Development director quarterly and/or annually on October 30th, as deemed necessary upon obtaining a business license. If the audited financial statement demonstrates that the sale of alcohol exceeds the sale of food in the area devoted to the ancillary use, the ancillary use(s) shall cease immediately. (1) 2.14 "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) 2.15 All litter shall be removed from the exterior areas around the premises including public sidewalk areas and parking areas, no less frequently than once each day that the business is open. (1) 2,16 Public telephones inside and adjacent to the establishment shall be modifIed to prevent incoming calls. (1) 2.17 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. (1) 2.18 Ambient noise of the on-site sales facility shall not exceed the standards of the City of Tustin Noise Ordinance. BUILDING (1) 3.1 Due to change in the building occupancy classification, the following provisions would need to be satisfied Exhibit A Conditions of Approval CUP06_009&DR06-Q14 PageS a. The building shall be equipped with an automatic fire sprinkler system. b. The existing structure will be required to be evaluated for horizontal and vertical loads. (*) 3.2 The plans submitted shall indicate that restrooms are handicap accessible 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. (*) 3.3 The grease interceptor shall be relocated and not be installed within courtyard seating areas. (*) 3.4 Controlled access gates are subject to the Orange County Fire Authority (OCFA) requirements. (*) 3.5 The applicant shall repair and maintain a six-foot eight-inch high fence along the west property line. (*) 3.6 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. (1) 3.7 At the tirnes 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 Code (CEC), California Title 24 Accessibility Regulations, 2005 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations 2005 Edition. (1) 3.8 Building plan check submittal shall include the following: a. Seven sets of construction plans, including drawings for mechanical,plumbing,andelectrical. b. Two copies of structural calculations. c. Two copies of Title 24 energy calculations. d. Roofing material shall be fire rated class "B' or better. e. The location of any utility vents or other equipment shall be provided on the roof plan. f. 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 fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed ExhilJitA CondijionsofApproval CUP06-009&DR06-014 Page 6 an arranged as not to direct light or glare onto adjacent properties, including the adjacent street. 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 foot-candle of light coverage, in accordance with the City's Security Ordinance. g. A note shall be provided on the pians that "All parking areas shall be illuminated with a minimum of one foot-candle, and lighting shall not produce light, or have a negative impact on adjacent properties." h. Cross-section details showing the installation of the proposed rooftop equipment Rooftop equipment shall be installed and maintained so as not to be visible from the public right-of-way. An elevation showing that rooftop equipment is installed below the height of the parapet is required. i. Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (1) 3,9 Prior to permit issuance, clearances from the following will be required: Orange County Health Department and Orange County Fire Authority. (1) 3,10 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 and shall be shown on the plans. (1) 3.11 The building permit application shall include information to ensure compliance with the requirements of Orange County Sanitation District No. 7 in the clouding FOG (Food, Oil, and Grease) permit. (1) 3.12 Parking spaces designed for use by persons with disabilities shall comply with California Title 24 Regulations. (1) 3.13 Prior to issuance of a 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 on the City-prescribed forms. At least 50 percent of the construction debris shall be diverted from landfill to the recycling plants. A security deposit in the amount of $50 per ton (not to exceed $5,000 per project) for a C&D security deposit will be collected prior to issuance of the permit. Prior to final inspection, the applicant shall submit to the City of Tustin documents (Le. 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 Andrew Hoang at (714) 573-3133. (City Ordinance 1281). ExhibdA Conditions of Approval CUP 06_009 & DR06-014 Page 7 (1) 3.14 A note shall be provided on final plans that a six fool 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) 3.15 The applicant shall provide to the Orange County Health Department a report on the findings of the most recent soil samples collected. These findings will allow the Orange County Health Department to evaluated the levels of hydrocarbons and ground water contamination found on the site. (1) 3.16 A vapor risk assessment that evaluates the potential health risks to the occupants of the proposed building posed by any residual subsurface contamination at the subject site shall be submitted to and approved by the Orange County Health Department. Prior to issuance of a building permit, approved copies of such assessment shall be provided to the Community Development Department. The Orange County Health Department requires a vapor risk assessment for any contaminated sites where the land use will change from any automotive repair or fueling station to any other commercial or residential use. ENGINEERING (1) 4.1 The Applicant shall remove and replace damaged sidewalk to the satisfaction of the City Engineer. (1) 4.2 A separate 24" x 36" street improvement plan, as prepared by a Califomia Registered Civil Engineer, will 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: a) Curb and gutter b) Sidewalk, including curb ramps for the physically disabled c) Driveaprons d) Domestic water facilities e) Sanitary sewer facilities f} Underground utility connections g) Landscape/irrigation h) Signing (1) 4.3 A 24" x 36" reproducible construction area traffic control plan, as prepared by a Califomia Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation may be required. Exhibit A Conditions of Approval CUP06-f109&DRI){i_014 PageS (1) 4.4 Preparation of plans for and construction of: a) All sanitary sewer facilities shall be submitted to the Orange County Sanitation District for review and approval. b) A domestic water system shall be designed and installed to the standards of the City of Tustin Water Operations. 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 will 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) 4.5 Prior to issuance of any building permit. the applicant shail submit a request to the Public Works Department to revise the restriction for on- street parking on Sixth Street. (1) 4.6 The applicant must remove the easterly driveway on Sixth Street and design and construct curb and gutter, sidewalk, landscape. and irrigation to the satisfaction of the City Engineer. (1) 4.7 Existing sewer, domestic water, and storm drain service laterals shali be utilized whenever possible. (1) 4.8 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. Encroachment permits shall be obtained from the Public Works Department for approval of the exterior light fixtures and the proposed door on the south elevation. (1) 4.9 Any damage done to existing street improvements and utilities shall be repaired before issuance of Occupancy. (1) 4.10 Current Federal American with Disabilities Act (ADA) requirements shall be met at the drive aprons and sidewalk. (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 Pian. Exhib~A Conditions of Approval CUP 06-009 & DR 06-014 Page 9 (1) 4.12 Commercial Recycling: a) The applicant, property owner, andfor tenant(s) are required to participate in the City's recycling program. b) Prior 10 issuance of a building permit. a solid waste recycling plan identifying planned source separation and recycling programs shall be submitted and approved by the City of Tustin Public Works Department. FEES (1) 5.1 Prior to issuance of any permits, the applicant shall pay all applicable Building plan check and license permit fees to the Community Development Department. (1,5) 5.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Deveiopment 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 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.