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HomeMy WebLinkAbout05 CUP 07-014/DR 07-015ITEM #5 Report to the Planning commission DATE: JANUARY 22, 2008 SUBJECT: CONDITIONAL USE PERMIT 07-014 DESIGN REVIEW DR 07-015 APPLICANT: SUSAN SECOY SECOY ARCHITECTS 160 S. CYPRESS ST. ORANGE, CA 92866 PROPERTY OWNER: PAULA E. MEYER 730 EAST CHAPMAN AVENUE ORANGE, CA 92866 LOCATION: 170 EL CAMINO REAL ZONING: CENTRAL COMMERCIAL (C-2), WITH COMBINING PARKING (P) AND CULTURAL RESOURCES (CR) OVERLAY DISTRICTS GENERAL PLAN DESIGNATION: OLD TOWN COMMERCIAL ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15332, CLASS 32, "IN-FILL DEVELOPMENT PROJECTS." REQUEST: TO CONSTRUCT A 7,650 SQUARE-FOOT MIXED-USE DEVELOPMENT (OFFICE AND RESIDENTIAL) RECOMMENDATION That the Planning Commission adopt Resolution No. 4080, recommending that the City Council approve Design Review (DR) 07-015 and Conditional Use Permit (CUP) 07-014 to authorize the construction of a mixed-use development at 170 EI Camino Real within the Central Commercial (C-2) Zoning and the Combining Parking (P) and Cultural Resources (CR) Overlay Districts. Planning Commission Report CUP 07-014, DR 07-015 January 22, 2008 Page 2 BACKGROUND/ DISCUSSION This item was continued from the Planning Commission public hearing on January 8, 2008. Please refer to the January 8th staff report for project details (Attachment C). The item was continued to give the applicant time to address the concerns expressed by property owners at 150 EI Camino Real, the office building immediately north of the subject property. Mr. John Palazzo, one of the property owners for 150 EI Camino Real, stated that he did not receive adequate notice because the mailing notice was sent to an old address and was forwarded to his current address, causing a delay in his receipt of the notice. According to staff records, the mailing address is consistent with the latest equalized assessment roll utilized for addressing notices. Mr. Palazzo also expressed concerns about the lack of embellishment on the north elevation, azero- setback for the north elevation, and inadequate on-site parking. The applicant has recently indicated to staff that she has met with the property owners of 150 EI Camino Real on Monday, January 14th. The applicant indicated that there were discussions with regard to embellishing the north elevation to address the neighbor's concerns. To address this issue, staff has prepared a revised draft resolution to add Condition No. 4.5. Following the Planning Commission meeting of January 8, 2008, the property owners of 180 EI Camino Real (immediately south of 170 EI Camino Real), also expressed concerns for the project to staff. The applicant/property owner of the project has indicated to staff that she has contacted the property owner south of the property but was unsuccessful in scheduling a meeting with the owner to discuss their concerns prior to the Planning Commission meeting. On January 16, 2008, the City received a letter from the President of the Tustin Preservation Conservancy. The letter indicated that the Board of Directors of the Tustin Preservation Conservancy opposes the project and that the building design is unsuitable for the historic district (Attachment D). On January 17, 2008, staff met with two of the property owners of 150 EI Camino Real. During the meeting, the property owners reiterated their concerns pertaining to inadequate parking for the project, the mass of the building, and a zero setback on the north elevation. The owners of Acorn Naturalists, abook/gift store business located across the street at 155 EI Camino Real submitted a letter to the City on January 17, 2008. The owners expressed concerns regarding the modern architectural style of the building, that the proposal does not satisfy the City's ordinance passed by the City Council to establish retail on the first floor, and inadequate parking (Attachment E). Planning Commission Report CUP 07-014, DR 07-015 January 22, 2008 Page 3 Architectural Concerns One particular concern has been raised regarding the massing and architecture of the building. A photo simulation of the project has been prepared that shows the relationship of the proposed project to adjacent properties (Attachment F). Visually, the building would appear to transition (north to south) from athree-level building to a two-story and then to a single-story building. The north wall is not a single blank wall without relief in the elevations. The residential building on the third floor steps back from the second floor by four (4) feet. The applicant has submitted a preliminary revised north elevation drawing to depict the step-back (Attachment F). Also, there are several Eucalyptus trees planted on the adjacent property to the north that would screen the north wall. The view of the north elevation for motorists traveling south on EI Camino Real would be the brick portion of the building fronting EI Camino Real because the adjacent office building at 150 EI Camino Real would screen most of the north elevation. The south elevation further steps back to create softer transition since the property to the south is improved with a single story building. The applicant has provided a sample of her previous project (Attachment G) located in Old Town Orange in the City of Orange. Although the design is not identical, it provides a better understanding of the potential compatibility that a modern design can have in a historic setting, the quality of materials to be utilized, and is a good representation of the architect's previous work, which could be compared to this project. Zero-Setback Concerns Tustin City Code Section 9233b(5) allows azero-setback on the side property line for properties located in the C-2 Zoning District. Therefore, the applicant's proposal does comply with City requirements. However, the applicant would need to obtain permission from the adjacent property owner if the applicant desires to utilize the adjacent property for construction. Lack of authorization for entry may inhibit the type of construction and kind of architectural features and embellishments that can be provided. Parking Concerns The project complies with the Tustin City Code regarding the provision of required parking. The Code does not require the provision of all required parking on the property to be developed. Several options are available to developers in Old Town including 1) properties that lie within a Vehicle Parking Assessment District or Business Improvement Area are exempt from requirements for parking on-site accommodations, subject to the provision of the Parking or Improvement District Ordinance, 2) the applicant can secure a long term lease of private off-site parking accommodations within 300-feet of the business, and 3) the applicant can pay in-lieu fees. The developer is providing 11 spaces on-site and has chosen to pay in-lieu fees for the remaining required parking spaces. Staff is recommending that the City Council waive the Planning Commission Report CUP 07-014, DR 07-015 January 22, 2008 Page 4 payment of in-lieu fees because the mixed-use project is a development type encouraged for Old Town. The project proponent would be required to pay the in-lieu fees or comply with the code in the event the fee waiver is not supported by the City Council. There are several projects and developments that have enjoyed the benefit of being within the Parking Overlay District and the Cultural Resource District. These developments have realized a development benefit as a result of modified parking standard, a waiver of parking requirements, or a shared parking program. These include, but are not limited to: The Acorn Naturalist, The Thompson Building, Rengel Architects, McCharles House, Cox's Family Market (Phil Cox), Beach Pit BBQ (Tim DeCinces), James Town Plaza, Phillip Izak, Silverado Senior Living, Surfas Furrier, and EI Camino Plaza. Alice Tieu Elizabeth A. Binsack Associate Planner Director of Community Development Attachments: A. Location Map B. Revised Resolution No. 4080 C. Planning Commission Staff Report Dated January 8, 2008 D. Letter from the Tustin Preservation Conservancy dated January 15, 2008 E. Letter from the Acorn Naturalists dated January 16, 2008 F. Streetscape Photo Simulation on EI Camino Real and Revised Elevations G. Sample Project of the Mustard Cafe in Orange H. Submitted Plans S:\Cdd\PCREPORT\20071CUP 07-014 AND OR 07-O15.tloc Attachment A Location Map LOCATION MAP CONDITIONAL USE PERMIT 07-014 DESIGN REVIEW 07-015 -~~- ~~~ -~ ~~ --~ FIRST STREET S O~ ` J a 4 ~~q. moo ~ . . `'s ,A~, z w ~s a W U ~ ~--~ F- W PROJECT SITE U 170 EL CAMINO REAL SECOND STREET I i~ ~:~i~ 170 EL CAMINO REAL APN 401=571-05 Attachment B Revised Resolution No. 4080 RESOLUTION NO. 4080 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE DESIGN REVIEW 07-015, CONDITIONAL USE PERMIT 07-014, AND A WAIVER OF PARKING IN-LIEU FEES TO AUTHORIZE THE DEVELOPMENT OF A 7,650 SQUARE FOOT MIXED-USE PROJECT LOCATED 170 EL CAMINO REAL 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 07-014 and Design Review 07-015 was submitted by Susan Secoy, of Secoy Architects, representative for Paula Meyer, property owner, requesting authorization to construct amixed-use project (office and residential unit) at 170 EI Camino Real (APN 402-571-05); B. That a public hearing was duly called, noticed, and held for said application on January 22, 2008, by the Planning Commission; C. That the site is located in the Central Commercial District (C-2), Cultural Resources Overlay District (CR), and the combining Parking Overlay District (P); D. There is no substantial evidence that the project will have a significant effect on the environment. This project is categorically exempt from further environmental review pursuant to the California Environmental Quality Act (CEQA) and CEQA guidelines Section 15332, Class 32, "In-Fill Development Projects" that pertains to sites less than five acres in an urban area, and the following: 1) is consistent with applicable zoning and general plan designation and regulations, 2) has no value for endangered, rare, or threatened species, 3) the site can be adequately served by all required utility and public services, and 4) approval of the project would not result in any significant effects relating to traffic noise, air quality, or water quality. Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 2 II. The Planning Commission hereby makes the following findings pertaining to the recommendation that the City Council approve Design Review 07- 015: A. Pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission finds that 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. In making such findings, the Commission has considered at least 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. 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. III. The Planning Commission hereby makes the following findings pertaining to the recommendation that the City Council approve Conditional Use Permit 07-015: A. Pursuant to Section 9252j3 of the Tustin Municipal Code, requiring City Council approval for the mixed-use proposal: The proposed mixed-use would be a conditionally permitted use, subject to approval by the City Council, followed by a public hearing and recommendation from the Planning Commission. The Planning Commission finds that proposed use would support the purposes of the underlying zoning district and the General Plan. The proposed project is consistent with the City's General Plan which states that Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 3 the character of Old Town and First Street would be significantly enhanced by greater integration of residential uses with a unique pedestrian environment and diverse mix of goods, services, and uses. B. That the establishment, maintenance, and operation of the proposed use 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 in that: 1) The proposed use is a mixed-use development. The proposed office use of this mixed-use project is consistent with uses located- in the surrounding area. The operational characteristics of the proposed mixed-use unit are non- intensive and do not typically generate any noise, odor, or other environmental impacts, that would negatively affect surrounding land uses. 2) The proposed height complies with the maximum height limit allowable by code, which is 50 feet. 3) The proposed use satisfies all requirements of the underlying Zoning Districts and the Old Town Commercial General Plan Land Use Designation. 4) The office use is on the second floor; the office use will be complementary in terms of hours of operation, convenience, and parking demand with its companion residential use; and the mixed use will be beneficial, complementary and compatible. with surrounding neighborhood and adjacent uses. 5) The proposed mixed use supports the purpose of the Cultural Resources District because the new construction will be compatible with the character of the district, enhance property values and increase economic and financial benefits to the City and its inhabitants, and enhance the visual character and diversity of architectural styles in the area. IV. The Planning Commission hereby recommends that the City Council approve a waiver of parking in-lieu fees. Pursuant to Resolution 02-29, City Council Adoption of the Old Town Fee Waiver Policy, the Planning Commission finds that a waiver of parking in-lieu fees from the applicant is Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 4 appropriate and consistent with the intent and purposes of the Fee Waiver Policy in that: A. The City Council approved a fee waiver policy in 1996 to promote the commercial development and revitalization of the Old Town and Town Center commercial areas. The proposed project would promote other development in Old Town, which is consistent with the intent of the fee waiver policy to attract new businesses and promote commercial development in the Old Town area. B. The project site has been vacant. Due to the physical limitations of the lot (e.g. small lot size, narrow lot width, and narrow street frontage), it is difficult to develop on the property. Supporting development on the property, by waiver of fees, would allow development of a mixed-use project that is consistent with General Plan goals to encourage a mix of uses and revitalize Old Town. C. The City has initiated a parking study (not yet adopted) for Old Town Tustin to identify strategies to better utilize existing parking facilities and to recommend parking improvements to support economic redevelopment of Old Town Tustin. The study may show that the existing parking supply is generally adequate and not heavily utilized in many areas with the Parking Overlay District. The waiver of fees to support the proposed mixed-use development may be consistent with some of the general recommendations made in the study to encourage mixed-use developments in order to make better use of available parking for present and future uses and to promote activity level in Old Town. D. General Plan Policy 10 encourages pedestrian oriented development and a diverse mix of uses for Old Town. The proposed use is a mixed-use development, and the office spaces would generate new jobs and pedestrian activity in Old Town. E. The waiver of parking in-lieu fee would allow the owner to develop the site, reside in the residential unit, and utilize the second floor office business. The waiver of the parking in-lieu fee will serve both the residential and office use and Old Town Tustin as a whole. V. The development standards and fee waivers recommended for this project apply only to this project site. Subsequent projects within the CR Overlay District shall be considered on a case by case basis and shall be based on their own merit. Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 5 VI. The Planning Commission hereby recommends that the City Council approve Design Review 07-015, Conditional Use Permit 07-014, and a fee waiver for parking in-lieu fees for development of a mixed-used project on a 0.17-acre site located at 170 EI Camino Real, 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 22"d day of January, 2008. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4080 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of January, 2008. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 07-14 DESIGN REVIEW 07-15 RESOLUTION NO. 4080 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall conform with the Tustin City Code and Tustin Design Guidelines and standards and be consistent with submitted plans for the project date stamped January 22, 2008, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, 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. All time extensions may be considered if a written request is received within thirty (30) days prior to the expiration date. (1) 1.4 Approval of Conditional Use Permit 07-014 and Design Review 07-015 is contingent upon the applicant 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 prior to issuance of building permits. 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 Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 2 (1) 1.5 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) 1.6 Prior to the issuance of a building permit, the applicant shall seek approval from the Orange County Sanitation District for encroachment of the trash enclosure into the existing sewer easement. The applicant shall redesign plans to modify the trash enclosure as required by the City's Engineering Division and the Orange County Sanitation District. (1) 1.7 To satisfy the City's parking requirements, due to a deficiency of five (5) parking stalls, the applicant shall pay parking in-lieu fees unless waived by the Tustin City Council. The applicant shall deposit with the City an amount that is equal to four (4) times the assessed value as determined from the latest assessment roll of the County Assessor, of 200 square feet of land within the area, for each required parking space not otherwise provided. Staff has requested a fee waiver by the City Council. BUILDING PLAN SUBMITTAL (3) 2.1 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. • Three (3) copies of the soil reports. (3) 2.2 Define the building use on the plans and identify occupant load. (3) 2.3 Exterior walls are required to be one-hour fire resistive of construction where exterior walls are less than twenty (20) feet from property lines, 2001 California Building Code (Table 5-A). Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 3 (3) 2.4 A level floor or landing shall be provided at all doors (i.e. at the stairway). This area shall have a minimum length of 60 inches in the direction of the door swing and 48 inches in the opposite direction of the door swing. (3) 2.5 Provide area analysis for all buildings and show compliance with allowable floor areas based on 2007 UBC Code. (3) 2.6 Prior to issuance of grading permits, the applicant shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Control Board. Evidence that the NOI has been obtained shall be submitted to the Building Official. In addition, the applicant shall include notes on the grading plans indicating that the project will be implemented in compliance with the Statewide Permit for General Construction Activities. The following requirements shall be defined on permit plan cover sheets as either general or special notes and the project shall be implemented in accordance with the notes: • Construction sites shall be maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. • Discharges of material other than storm water are allowed only when necessary for performance and completion of construction practices and where they do not: cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution, contamination, or nuisance; or contain a hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302. • Potential pollutants include, but are not limited to: solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides, herbicides, wood preservatives, and solvents; asbestos fibers, paint flake or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or battery fluids; fertilizers, vehicle/equipment wash water and concrete wash water, concrete, detergent or floatable wastes; wastes from any engine equipment steam cleaning or chemical degreasing; and chlorinated potable water line flushings. During construction, disposal of such materials should occur in a specified and controlled temporary area on site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, State, and Federal requirements. Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 4 • Dewatering of contaminated groundwater or discharging contaminated soils via surface erosion is prohibited. Dewatering of non-contaminated groundwater requires a National Pollutant Discharge Elimination System Permit from the California State Regional Water Quality Control Board. (3) 2.7 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. PUBLIC WORKS/ ENGINEERING DIVISION (1) 3.1 Prior to issuance of a grading permit, 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. 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) Drive aprons d) Remove and installation of parking strips along EI Camino Real e) Domestic water facilities f) Sanitary sewer facilities g) Landscape/irrigation 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) 3.2 Prior to issuance of any permit, the applicant shall submit the following plans for review and approval: a) The developer shall submit on-site grading plans. The submittal package shall include, at the minimum, the following: 1) Three (3) copies of a recent soil report provided by a civil engineer (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. 2) All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 5 3) Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards. 4) Two (2) sets of Hydrology and Hydraulic Report. b) All sanitary sewer facilities shall be submitted as required by the City Engineer and local sewer agency, and c) Approval from the City's Water Services Division is required for permitting or construction of any new service connections, abandonment or relocation of existing services, or improvements that will affect City's water facilities. Water system improvements plan shall be designed by a licensed Civil Engineer in accordance with the requirements and standards of the City of Tustin Department of Public Works or American Water Work Association. A separate on-site water plan for improvements outside the street right of ways and within private property will be required for on-site improvements to be maintained by the City. Title block per Engineering Services Division's conditions is available from Engineering at (714) 573-3164. Any easements for construction of City's facilities within private property shall be recorded. Submittals of improvement plan and design specification digital (PDF) files in entirety to Water Services Engineer are needed. These items are mandatory requirements prior to sign-off by the Water Services Manager. (1) 3.3 Permission from property owners shall be required for any work located on adjacent properties. (1) 3.4 A grading 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 City for approval (1) 3.5 A Water Quality Management Plan (WQMP) shall be submitted and approved prior to issuance of grading permit. The WQMP shall be prepared using the City's WQMP Guidelines. The applicant shall submit a deposit of $2,700.00 for the estimated cost for reviewing WQMP to the City. The actual costs will 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 will be refunded to the applicant. (1) 3.6 Prior to issuance of grading permit, 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 Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 6 and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. (1) 3.7 Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. (1) 3.8 Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate- of Occupancy for the development. (1) 3.9 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. (1) 3.10 Prior to issuance of any permit, the applicant shall satisfy dedication and/or reservation requirements as applicable, including but not limited to dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer and other agencies. (1) 3.11 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive aprons and sidewalk. (1) 3.12 Prior to issuance of a building permit applicant, shall provide written approval from the Orange County Sanitation District. (1) 3.13 All final development plans including, but not limited to: 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. Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 7 (1) 3.14 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) 3.15 Recycling/Disposal of Construction Debris: A) The Contractor is required to salvage and recycle at least 50 percent of all construction related waste and shall submit a Waste Management Plan identifying the amount and types of waste created by the project and compliance with this diversion requirement. In addition, the contractor shall properly document in writing to the City the amounts and types of all construction waste actually salvaged, recycled and disposed, all in compliance with the diversion, planning and reporting requirements contained in the City Code Section 4327. B) The applicant/contractor is required to submit a Waste Management Plan to the Public Works Department in a form approved by the City and obtain approval from the Public Works prior to the issuance of a Notice to Proceed. The Waste Management Plan shall demonstrate recovery and recycling of at least 50 percent of the total waste generated by the project and shall consist of the following components: 1. An estimate of the total amount of waste to be generated for the entire duration of the project; 2. An estimate of the total amount of recyclable materials generated by the project, identified by recyclable material type; and, 3. Identification of recyclable material processing methods and facilities which will be utilized to achieve the 50 percent recycling requirements. (1) 3.16 Recycling -Pursuant to City Code Section 9275, the Applicant, Property Owner, and/or tenant(s) are required to participate in the City's recycling program. (1) 3.17 Improvement plans shall 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. (1) 3.18 Release/approval from the East Orange County Water District shall be obtained prior to receiving water service. Backflow prevention devices must be installed in accordance with applicable standards and codes and Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 8 shall be installed within an easement of suitable size to allow for unobstructed access, inspection, testing, and maintenance. The developer shall submit a water permit application to the East Orange County Water District and is responsible for all applicable and water connection fees. (1) 3.19 The location of fire hydrants shall be approved by the City of Tustin and the Orange County Fire Authority. (1) 3.20 Hydraulic analysis of the proposed water system and ability to meet OCFA fire flow demands and requirements shall be performed and certified by the developer. (1) 3.21 The applicant is responsible for all costs related to the relocation of existing fire hydrants and the installation of new fire hydrants if any. (1) 3.22 The applicant is responsible for all costs related to the abandonment, at the water main, of all existing potable water and fire service connections if any. (1) 3.23 The applicant shall be responsible for all costs related to the installation of new potable and fire related water services. (1) 3.24 Water Improvement Plan should show existing water mains on plan clearly dimensioned. (1) 3.25 Proposed water meter(s) shall be located within the public right-of-way. ARCHITECTURE (4) 4.1 All final exterior colors and textures shall be subject to review and approval of the Community Development Department and final inspection. Colors, materials, and textures shall be noted in construction plans. (4) 4.2 All mechanical and electrical fixtures and equipment shall be adequately screened subject to review and approval by the Community Development Department. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All electrical, mechanical, and electrical fixtures shall be depicted and noted on the construction drawings. (4) 4.3 All exterior on-site light fixtures shall consist of decorative fixtures compatible with the Old Town theme and architecture of the building. Colored cut-sheets shall be submitted for review and approval. All light fixtures shall be subject to review and approval of the Community Development Director. Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 9 (4) 4.4 The applicant shall obtain a permit for future installation of signs on the building. Any sign proposal shall conform to Section 9401 of the Tustin Sign Regulations. In addition, the location, placement, size, number, and sign details shall be subject to the discretion of and approval by the Community Development Director. (5) 4.5 Prior to the issuance of building permits, the applicant shall submit a revised plan for the north wall providing architectural relief and/or enhancements. Final design shall be subject to review and approval by the Community Development Department. LANDSCAPING/ HARDSCAPE (4) 5.1 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: ^ Installation of a 24" box tree to be planted in the proposed landscape planter located in the front yard. ^ The applicant shall submit a revised site plan as well as include in landscape drawings the installation of decorative pavers on the driveway entrance. The color and material shall be compatible and complementary to the building design and shall be subject to review and approval of the Community Development Director. ^ Include a summary table identifying plant materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. ^ Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. ^ The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. ^ Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. ^ Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. ^ All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 10 condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. (4) 5.2 On-site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments. The new block wall, proposed along the south property line, shall be constructed of decorative block compatible with building colors. USE RESTRICTIONS (***) 6.1 One residential unit shall be maintained. The studio located at the residential level shall be used as an integral part of the residential unit and shall be not be used or leased as a separate business or as a second residential unit. Prior to the issuance of building permits, the property owner shall execute and record a deed restriction in a form acceptable to the Community Development Department and City Attorney to ensure that the studio will function as an integral part of the residential use and no parts of the residence are leased as a second unit. This deed restriction shall be binding upon all future owners or interested parties of the subject property. (***) 6.2 In the event that the City implements programs and regulations to create parking or other assessment district(s), the property owner and all successors in interest shall not contest and must participate in the implementation of such programs and regulations. (1) 6.2 No outdoor storage is approved, except as approved by the Tustin Community Development Director. (4) 6.3 The applicant shall provide an authorization letter from the adjacent property owner prior to removing the existing block wall located along the north property line. ORANGE COUNTY FIRE AUTHORITY (5) 7.1 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 the structure. The applicant may contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." (5) 7.2 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 Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 11 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) 7.3 Prior to the issuance of a building permit, a note shall be placed on the fire master plan stating that if the structure exceeds 5,500 square feet (per amendment) or if the structure exceeds fire department access requirements, the building shall be protected with an automatic fire sprinkler system in a manner meeting the approval of the Fire Chief. If the structure is required to be fire sprinkled, the fire sprinkler plans can be a deferred submittal. (5) 7.4 Prior to the issuance of a building permit, plans for the fire alarm monitoring system (required if more than 100 sprinkler heads) shall be submitted to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guideline for New and Existing Fire Alarm Systems." This system shall be operational prior to the issuance of a certificate of occupancy. FEES (1)(5) 8.1 Prior to the issuance of any building permits, payment shall be made for all applicable fees, including but not limited to, those listed below. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a) Building plan check and permit fees to the Community Development Department. b) Orange County Fire Authority plan check and inspection fees to the Community Development Department. c) Private improvement plan check and permit fees to the Community Development Department. d) Written approval from the Orange County Sanitation District No. 7 for Sewer Connection Fees. e) New development tax to the Community Development Department based upon the most current schedule. f) 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. g) School facilities fee to Tustin Unified School District based upon the most current schedule. Proof of payment shall be provided to the Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 12 Community Development Department prior to issuance of building permits. h) Payment of the Major Thoroughfare and Bridge Fees in effect at the time of issuance of a building permit to the Tustin Public Works Department. i) Applicable parking in-lieu fees as required by TCC Section 9252J3 (d)(3)c. j) 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 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. Attachment C Planning Commission Staff Report Dated January 8, 2008 ITEM #3 Report to the ' Planning Commission DATE: JANUARY 8, 2008 SUBJECT: CONDITIONAL USE PERMIT 07-014 DESIGN REVIEW DR 07-015 APPLICANT: SUSAN SECOY SECOY ARCHITECTS 160 S. CYPRESS ST. ORANGE, CA 92866 PROPERTY OWNER: PAULA E. MEYER 730 EAST CHAPMAN AVENUE ORANGE, CA 92866 LOCATION: 170 EL CAMINO REAL ZONING: CENTRAL COMMERCIAL (C-2), WITH COMBINING PARKING (P) AND CULTURAL RESOURCES (CR) OVERLAY DISTRICTS GENERAL PLAN DESIGNATION: OLD TOWN COMMERCIAL ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT .-FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15332, CLASS 32, "IN-FILL DEVELOPMENT PROJECTS." REQUEST: TO CONSTRUCT A 7,650 SQUARE-FOOT MIXED-USE DEVELOPMENT (OFFICE AND RESIDENTIAL). RECOMMENDATION That the Planning Commission adopt Resolution No. 4080, recommending that the City Council approve Design Review (DR) 07-015 and Conditional Use Permit (CUP) 07-014, to authorize the construction of a mixed-use development at 170 EI Camino Real within the Central Commercial (C-2) Zoning and the Combining Parking (P) and Cultural Resources (CR) Overlay Districts. Planning Commission Report CUP 07-014, DR 07-015 January 8, 2008 Page 2 BACKGROUND Site and Surroundings The project site fronts on the west side of EI Camino Real on a commercial block approximately 100 feet north of Second Street. Site surroundings include commercial and office uses located in the C-2 Zoning District. To fhe north and west are three-level office complexes with ground level parking. To the south is an existing house currently used as a commercial business (LJ & Associates, Inc). To the east of the site are retail and service businesses. An alley at the rear of the property facing EI Camino Real once extended from Second Street to the middle of the block towards First Street. In 1980, a portion of this alley was abandoned. As a result, the public alley now extends from Second Street to the southern property line of the subject property. There is also a 10- foot wide sewer easement located at the rear of the subject property. Entitlements/Requests This project requires the following entitlements and requests to be considered by the City Council, following a recommendation by the Planning Commission: 1) Design Review - A Design Review is required to determine project compliance with the City's development standards and whether the building design is harmonious with the surrounding environment pursuant to Tustin City Code Section 9272. ~) Conditional Use Permit - A Conditional Use Permit is required to permit amixed- use development pursuant to Tustin City Code Section 9252j3. 3) Fee Waiver -This project requires that the applicant pay fees in lieu of providing five (5) parking spaces on-site. Staff is requesting that the fees be waived by the City Council After recommendation by the Planning Commission, the requested Conditional Use Permit and Design Review will be considered by the City Council. Project Description The applicant is requesting approval to construct a three level mixed-use development project. The ground floor will be the parking level comprised of a two-way driveway, podium parking with 11 parking stalls (including one disabled parking stall), and a lobby area for access to the elevator/staircase. The second floor is 4,635 square feet to be used for four office tenant spaces. The third floor will be a residential unit totaling 2,447 square feet. The residential unit will have a living room, kitchen, master bedroom and bathroom, a bathroom, and two other small bedrooms. In addition, also proposed is a studio with a restroom (no bath) to be used as a workout room. The owner of the property intends to reside in the residential unit and occupy a portion of the office space. Planning Commission Report CUP 07-014, DR 07-015 January 8, 2008 Page 3 The property is located within the Central Commercial (C-2) Zoning District and the Combining Parking (P) and Cultural Resources (CR) Overlay Districts. The General Plan designation is Old Town Commercial, which allows for retail, professional office, and service-oriented business activities to serve Old Town and surrounding areas. 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 on December 27, 2007. Property owners within 300 feet of the site were notified of the hearing by mail; a hearing sign is posted on the site; and, the hearing was posted at City Hall on December 27, 2007. DISCUSSION Design Review According to Tustin City Code Section 9272, the Planning Commission is authorized to review and act on Design Review applications. However, because the Conditional Use Permit requires City Council approval, the Planning Commission is being asked to provide recommendations to the City Council for Design Review 07-015 and Conditional Use Permit 07-014. In addition, according to Tustin City Code Sections 9252j1 and 9252j3, the City Council may establish design criteria and standards and authorize anon-listed use, on a case by case basis, for projects located within the Cultural Resources Overlay District. The design review will consider the overall site design and architecture and the Conditional Use Permit establishes the mixed use as a conditionally permitted use within the Overlay District. Building Architecture The proposed architectural style of the building is modern but incorporates the traditional brick material that characterizes Old Town architecture. The exterior finish schedule of the building consists of brick material that accents portions of the building, smooth trowelled stucco over the body of the building, clear glass windows, and dark bronze finishes for the canopy that covers the residential deck located on the third floor. Although the building architecture incorporates a contemporary design as opposed to a traditional architectural style, the design is in context with surrounding properties. The overall massing. of the building is also within the context and scale of the surrounding properties. The overall building height is 33 feet and 36.5 feet to the highest point of projecting tower elements; adjacent office buildings are approximately 40 feet in height. In addition, because an exterior deck surrounds the third floor on all three sides of the unit, the third floor is recessed from the second floor of the building which reduces the building mass. Overall, the building is articulated through varying wall planes, which further reduces the overall massing and scale of the building. Planning Commission Report CUP 07-014, DR 07-015 January 8, 2008 Page 4 Site Plan/Development Standards To access the property, a new drive approach will be created along EI Camino Real. This results in removing two angled public parking stalls and one street tree. Anew landscape planter is proposed within the five-foot setback area, and the applicant will install a new 24-inch box tree in this planter. In addition, a driveway with decorative brick pavers that are complementary to the design of the building would be required. Although the City Council can establish different development criteria for this project as a mixed-use development, this project complies with the development criteria of the underlying C-2 zoning and CR overlay districts. Table 1 below summarizes the development criteria for this proposal: Table 1: Development Standards Height Front Rear Yard Side Yard Lot FAR Setback Setback Setback Covera e Re uired 50' max None 15' None 100% 1:1 Proposed 36.5' S' 10' to pool. 0' (north) 74% 1:1 15' to building. 12'6" and 0' (south) For the rear yard setback, the Cultural Resources Overlay District requires 15 feet. However, the C-2 Zoning District has a 0-foot setback requirement. Because this portion of the building is unique in that it contains an aboveground pool at the 2"d level for the residential unit on the third floor and does not contain any floor area, this portion of the building could be considered as a recreational/private open space for the residential unit and thus is not considered as part of the building setback. All living and tenant portions of the building meets the required 15-foot setback. • Mixed-Use Provision Conditional Use Permit Mixed-use is not listed as a~ permitted use in the underlying zoning district. However, the CR District allows unlisted uses when approved by the City Council through conditioned use permit (TCC Section 9252j3)2. Therefore, this project would require City C-2 requires 0' setback, CR requires 15' setback 2 Professional and general office uses fronting on EI Camino Real and located in the Old Town Commercial General Plan land use designation are presumptively prohibited in the C-2 zone district when those uses are greater than fifty percent of the total building floor area. However, this property is located within the Cultural Resource District (CR) overlay which expressly allows a nonlisted use (such as the proposed mixed-use) to be approved as a conditional use when the proposed use supports the purpose of the CR district. (TCC Section 9252j3.) When the requirements of the underlying zone district conflict with the requirements of the Cultural Resouce District, the requirements of the CR District apply. (TCC Section 9252b3.) Planning Commission Report CUP 07-014, DR 07-015 January 8, 2008 Page 5 Council approval. The mixed-use proposal is appropriate for the Old Town area and is consistent with General Plan Goal 10 to improve and strengthen the Tustin Old Town/First Street area with a unique pedestrian environment and diverse mix of goods, services, and uses. Furthermore, the General Plan also specifically encourages a greater integration of residential uses above retail or office uses for the Old Town area. While this project does not require a conditional use permit for the second floor office, it still satisfies the criteria established for allowing office uses that front onto Main Street in that the office use is on the second floor; the office use will be complementary in terms of hours of operation, convenience, and parking demand with its companion residential use; and the mixed use will be beneficial, complementary and compatible with surrounding neighborhood and adjacent uses. • Studio The proposed floor plan for the residential unit includes a studio that will be used as a workout room. To ensure that the studio remains as an integral use of the residence, a condition of approval is included to restrict the studio room (detached) for the residential unit from being used as a secondary unit. In the future, if the property owner chooses to lease the studio as a business/office, additional parking will need to be provided and the request shall be subject to Community Development review and approval. • Conditional Use Permit Finding In determining whether to approve the conditional use permit for the proposed project, the City Council must determine whether or not the proposed use will 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, or to the general welfare of the City of Tustin. A decision to approve this request may be supported by the following findings: 1) The proposed use is a mixed-use development. The proposed office use of this mixed-use project is consistent with uses located in the surrounding area. The operational characteristics of the proposed mixed-use unit are non- intensive and do not typically generate any noise, odor, or other environmental impacts, that would negatively affect surrounding land uses. 2) The proposed height complies with the maximum height limit allowable by code, which is 50 feet. 3) The proposed use satisfies all requirements of the underlying Zoning Districts and the Old Town Commercial General Plan Land Use Designation. 4) The office use is on the second floor; the office use will be complementary in terms of hours of operation, convenience, and parking demand with its companion residential use; and the mixed use will be beneficial, complementary and compatible with surrounding neighborhood and adjacent uses. Planning Commission Report CUP 07-014, DR 07-015 January 8, 2008 Page 6 5) The proposed mixed use supports the purpose of the Cultural Resources District because the new construction will be compatible with the character of the district, enhance property values and increase economic and financial benefits to the City and its inhabitants, and enhance the visual character and diversity of architectural styles in the area. Parking and Fee Waiver Under the Cultural Resources Overlay District, the parking required for offices is one parking space per every 300 square feet of office area. The residential unit would require two parking spaces. Table 2 summarizes the parking required: Table 2: Parking Summary Table Re uired Parkin Proposed Parkin Office Use (1/300 14 s aces Residential Use 2 spaces 11 spaces Total 16 spaces Total Deficient 5 spaces Section 9252j3(d)(3) of the CR Overlay District offers modifications for parking requirements under several options, one of which is that all or a portion of the required number of parking spaces may be satisfied with in-lieu parking fees to be used for public parking accommodations. Therefore, the applicant would be required to pay this fee for the five (5) spaces for which the project is deficient. In 1996, the City Council approved a fee waiver policy to promote commercial development and revitalization of the Old Town and Town Center commercial areas. The City Council could waive the parking in-lieu fees according to the intent and provisions of the fee waiver policy. A fee waiver for parking in- lieu fee may be appropriate for this project, as it would satisfy the intent of the fee waiver policy to promote commercial development and attract new businesses in the Old Town area. Furthermore, the following provides a summary of the findings should the City Council decide to grant a fee waiver for this project: 1) The City Council approved a fee waiver policy in 1996 to promote the commercial development and revitalization of the Old Town and Town Center commercial areas. The proposed project would promote other development in Old Town, which is consistent with the intent of the fee waiver policy to attract new businesses and promote commercial development in the Old Town area. 2) The project site has been vacant. Due to the physical limitations of the lot (e.g. small lot size, narrow lot width, and narrow street frontage), it is difficult to develop on the property. Supporting development on the property, by waiver of Planning Commission Report CUP 07-014, DR 07-015 January 8, 2008 Page 7 fees, would allow development of a mixed-use project that is consistent with General Plan goals to encourage a mix of uses and revitalize Old Town. 3) The City has initiated a parking study (not yet adopted) for Old Town Tustin to identify strategies to better utilize existing parking facilities and to recommend parking improvements to support economic redevelopment of Old Town Tustin. The study may show that the existing parking supply is generally adequate and not heavily utilized in many areas with the Parking Overlay District. The waiver of fees to support the proposed mixed-use development may be consistent with some of the general recommendations made in the study to encourage mixed- use developments in order to make better use of available parking for present and future uses and to promote activity level in Old Town. 4) General Plan Policy 10 encourages pedestrian oriented development and a diverse mix of uses for Old Town. The proposed use is a mixed-use development, and the office spaces would generate new jobs and pedestrian activity in Old Town. 5) The waiver of parking in-lieu fee would allow the owner to develop the site, reside in the residential unit, and utilize the second floor office for business. The waiver of the parking in-lieu fee will serve both the residential and office use and Old Town Tustin as a whole. The fee waiver would need to be granted by the City Council. The Planning Commission may recommend that the City Council approve the fee waiver based on the findings stated above. Also, the development standards established by the City Council for this project, shall only apply to this project. Development standards for other projects within the area would need to be considered on a case by case basis. Alice Tieu Elizabeth A. Binsack Associate Planner Director of Communi Develo ment Attachments: A. Location Map B. Resolution No. 4080 C. Submitted Plans S:\Cdd\PCREPORll2007\CUP 07-Ot! AND OR 07-Ot5.0oc ATTACHMENT A Location Map LOCATION MAP CONDITIONAL USE PERMIT 07-014 DESIGN REVIEW 07-015 r FIRST STREET s o~ ( J 'Q~ ~o ,, a o~ O ,; s ~d ; Z W ~~ a W U ~ J F- W fn PROJECT SITE U 170 EL CAMINO REAL SECOND STREET 170 EL CAMINO REAL APN 401-571-05 ATTACHMENT B Resolution No. 4080 RESOLUTION NO. 4080 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE DESIGN REVIEW 07-015, CONDITIONAL USE PERMIT 07-014, AND A WAIVER OF PARKING IN-LIEU FEES TO AUTHORIZE THE DEVELOPMENT OF A 7,650 SQUARE FOOT MIXED-USE PROJECT LOCATED 170 EL CAMINO REAL 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 07-014 and Design Review 07-015 was submitted by Susan Secoy, of Secoy Architects, representative for Paula Meyer, property owner, requesting authorization to construct amixed-use project (office and residential unit) at 170 EI Camino Real (APN 402-571-05); B. That a public hearing was duly called, noticed, and held for said application on January 8, 2008, by the Planning Commission; C. That the site is located in the Central Commercial District (C-2), Cultural Resources Overlay District (CR), and the combining Parking Overlay District (P); D. There is no substantial evidence that the project will have a significant effect on the environment. This project is categorically exempt from further environmental review pursuant to the California Environmental Quality Act (CEQA) and CEQA guidelines Section 15332, Class 32, "In-Fill Development Projects" that pertains to sites less than five acres in an urban area, and the following: 1) is consistent with applicable zoning and general plan designation and regulations, 2) has no value for endangered, rare, or threatened species, 3) the site can be adequately served by all required utility and public services, and 4) approval of the project would not result in any significant effects relating to traffic noise, air quality, or water quality. Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 2 II. The Planning Commission hereby makes the following findings pertaining to the recommendation that the City Council approve Design Review 07- 015: A. Pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission finds that 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. In making such findings, the Commission has considered at least 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. 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. III. The Planning Commission hereby makes the following findings pertaining to the recommendation that the City Council approve Conditional Use Permit 07-015: A. Pursuant to Section 9252j3 of the Tustin Municipal Code, requiring City Council approval for the mixed-use proposal: The proposed mixed-use would be a conditionally permitted use, subject to approval by the City Council, followed by a public hearing and recommendation from the Planning Commission. The Planning Commission finds that proposed use would support the purposes of the underlying zoning district and the General Plan. The proposed project is consistent with the City's General Plan which states that Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 3 the character of Old Town and First Street would be significantly enhanced by greater integration of residential uses with a unique pedestrian environment and diverse mix of goods, services, and uses. B. That the establishment, maintenance, and operation of the proposed use 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 in that: 1) The proposed use is a mixed-use development. The proposed office use of this mixed-use project is consistent with uses located in the surrounding area. The operational characteristics of the proposed mixed-use unit are non- intensive and do not typically generate any noise, odor, or other environmental impacts, that would negatively affect surrounding land uses. 2) The proposed height complies with the maximum height limit allowable by code, which is 50 feet. 3) The proposed use satisfies all requirements of the underlying Zoning Districts and the Old Town Commercial General Plan Land Use Designation. 4) The office use is on the second floor; the office use will be complementary in terms of hours of operation, convenience, and parking demand with its companion residential use; and the mixed use will be beneficial, complementary and compatible with surrounding neighborhood and adjacent uses. 5) The proposed mixed use supports the purpose of the Cultural Resources District because the new construction will be compatible with the character of the district, enhance property values and increase economic and financial benefits to the City .and its inhabitants, and enhance the visual character and diversity of architectural styles in the area. IV. The Planning Commission hereby recommends that the City Council approve a waiver of parking in-lieu fees. Pursuant to Resolution 02-29, City Council Adoption of the Old Town Fee Waiver Policy, the Planning Commission finds that a waiver of parking in-lieu fees from the applicant is Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 4 appropriate and consistent with the intent and purposes of the Fee Waiver Policy in that: A. The City Council approved a fee waiver policy in 1996 to promote the commercial development and revitalization of the Old Town and Town Center commercial areas. The proposed project would promote other development in Old Town, which is consistent with the intent of the fee waiver policy to attract new businesses and promote commercial development in the Old Town area. B. The project site has been vacant. Due to the physical limitations of the lot (e.g. small lot size, narrow lot width, and narrow street frontage), it is difficult to develop on the property. Supporting development on the property, by waiver of fees, would allow development of a mixed-use project that is consistent with General Plan goals to encourage a mix of uses and revitalize Old Town. C. The City has initiated a parking study (not yet adopted) for Old Town Tustin to identify strategies to better utilize existing parking facilities and to recommend parking improvements to support economic redevelopment of Old Town Tustin. The study may show that the existing parking supply is generally adequate and not heavily utilized in many areas with the Parking Overlay District. The waiver of fees to support the proposed mixed-use development may be consistent with some of the general recommendations made in the study to encourage mixed-use developments in order to make better use of available parking for present and future uses and to promote activity level in Old Town. D. General Plan Policy 10 encourages pedestrian oriented development and a diverse mix of uses for Old Town. The proposed use is a mixed-use development, and the office spaces would generate new jobs and pedestrian activity in Old Town. E. The waiver of parking in-lieu fee would allow the owner to develop the site, reside in the residential unit, and utilize the second floor office business. The waiver of the parking in-lieu fee will serve both the residential and office use and Old Town Tustin as a whole. V. The development standards and fee waivers recommended for this project apply only to this project site. Subsequent projects within the CR Overlay District shall be considered on a case by case basis and shall be based on their own merit. Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 5 VI. The Planning Commission hereby recommends that the City Council approve Design Review 07-015, Conditional Use Permit 07-014, and a fee waiver for parking in-lieu fees for development of a mixed-used project on a 0.17-acre site located at 170 EI Camino Real, 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 8th day of January, 2008. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4080 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of January, 2008. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 07-14 DESIGN REVIEW 07-15 RESOLUTION NO. 4080 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall conform with the Tustin City Code and Tustin Design Guidelines and standards and be consistent with submitted plans for the project date stamped January 8, 2008, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, 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. All time extensions may be considered if a written request is received within thirty (30) days prior to the expiration date. (1) 1.4 Approval of Conditional Use Permit 07-014 and Design Review 07-015 is contingent upon the applicant 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 prior to issuance of building permits. 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 Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 2 (1) 1.5 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) 1.6 Prior to the issuance of a building permit, the applicant shall seek approval from the Orange County Sanitation District for encroachment of the trash enclosure into the existing sewer easement. The applicant shall redesign plans to modify the trash enclosure as required by the City's Engineering Division and the Orange County Sanitation District. (1) 1.7 To satisfy the City's parking requirements, due to a deficiency of five (5) parking stalls, the applicant shall pay parking in-lieu fees unless waived by the Tustin City Council. The applicant shall deposit with the City an amount that is equal to four (4) times the assessed value as determined from the latest assessment roll of the County Assessor, of 200 square feet of land. within the area, for each required parking space not otherwise provided. Staff has requested a fee waiver by the City Council. BUILDING PLAN SUBMITTAL (3) 2.1 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. • Three (3) copies of the soil reports. (3) 2.2 Define the building use on the plans and identify occupant load. (3) 2.3 Exterior walls are required to be one-hour fire resistive of construction where exterior walls are less than twenty (20) feet from property lines, 2001 California Building Code (Table 5-A). Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 3 (3) 2.4 A level floor or landing shall be provided at all doors (i.e. at the stairway). This area shall have a minimum length of 60 inches in the direction of the door swing and 48 inches in the opposite direction of the door swing. (3) 2.5 Provide area analysis for all buildings and show compliance with allowable floor areas based on 2007 UBC Code. (3) 2.6 Prior to issuance of grading permits, the applicant shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Control Board. Evidence that the NOI has been obtained shall be submitted to the Building Official. In addition, the applicant shall include notes on the grading plans indicating that the project will be implemented in compliance with the Statewide Permit for General Construction Activities. The following requirements shall be defined on permit plan cover sheets as either general or special notes and the project shall be implemented in accordance with the notes: • Construction sites shall be maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. • Discharges of material other than storm water are allowed only when necessary for performance and completion of construction practices and where they do not: cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution, contamination, or nuisance; or contain a hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302. • Potential pollutants include, but are not limited to: solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides,. herbicides, wood preservatives, and solvents; asbestos fibers, paint flake or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or battery fluids; fertilizers, vehicle/equipment wash water and concrete wash water, concrete, detergent or floatable wastes; wastes from any engine equipment steam cleaning or chemical degreasing; and chlorinated potable water line flushings. During construction, disposal of such materials should occur in a specified and controlled temporary area on site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, State, and Federal requirements. Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 4 • Dewatering of contaminated groundwater or discharging contaminated soils via surface erosion is prohibited. Dewatering of non-contaminated groundwater requires a National Pollutant Discharge Elimination System Permit from the California State Regional Water Quality Control Board. (3) 2.7 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. PUBLIC WORKS/ ENGINEERING DIVISION (1) 3.1 Prior to issuance of a grading permit, 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. 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) Drive aprons d) Remove and installation of parking strips along EI Camino Real e) Domestic water facilities f) Sanitary sewer facilities g) Landscape/irrigation 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) 3.2 Prior to issuance of any permit, the applicant shall submit the following plans for review and approval: a) The developer shall submit on-site grading plans. The submittal package shall include, at the minimum, the following: 1) Three (3) copies of a recent soil report provided by a civil engineer (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. 2) All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 5 3) Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards. 4) Two (2) sets of Hydrology and Hydraulic Report. b) All sanitary sewer facilities shall be submitted as required by the City Engineer and local sewer agency, and c) Approval from the City's Water Services Division is required for permitting or construction of any new service connections, abandonment or relocation of existing services, or improvements that will affect City's water facilities. Water system improvements plan shall be designed by a licensed Civil Engineer in accordance with the requirements and standards of the City of Tustin Department of Public Works or American Water Work Association. A separate on-site water plan for improvements outside the street right of ways and within private property will be required for on-site improvements to be maintained by the City. Title block per Engineering Services Division's conditions is available from Engineering at (714) 573-3164. Any easements for construction of City's facilities within private property shall be recorded. Submittals of improvement plan and design specification digital (PDF) files in entirety to Water Services Engineer are needed. These items are mandatory requirements prior to sign-off by the Water Services Manager. (1) 3.3 Permission from property owners shall be required for any work located on adjacent properties. (1) 3.4 A grading 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 City for approval. (1) 3.5 A Water Quality Management Plan (WQMP) shall be submitted and approved prior to issuance of grading permit. The WQMP shall be prepared using the City's WQMP Guidelines. The applicant shall submit a deposit of $2,700.00 for the estimated cost for reviewing WQMP to the City. The actual costs will 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 will be refunded to the applicant. (1) 3.6 Prior to issuance of grading permit, 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 Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 6 and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. (1) 3.7 Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. (1) 3.8 Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy for the development. (1) 3.9 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. (1) 3.10 Prior to issuance of any permit, the applicant shall satisfy dedication and/or reservation requirements as applicable, including but not limited to dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer and other agencies. (1) 3.11 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive aprons and sidewalk. (1) 3.12 Prior to issuance of a building permit applicant, shall provide written approval from the Orange County Sanitation District. (1) 3.13 All final development plans including, but not limited to: 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. Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 7 (1) 3.14 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) 3.15 Recycling/Disposal of Construction Debris: A) The Contractor is required to salvage and recycle at least 50 percent of all construction related waste and shall submit a Waste Management Plan identifying the amount and types of waste created by the project and compliance with this diversion requirement. In addition, the contractor shall properly document in writing to the City the amounts and types of all construction waste actually salvaged, recycled and disposed, all in compliance with the diversion, planning and reporting requirements contained in the City Code Section 4327. B) The applicant/contractor is required to submit a Waste Management Plan to the Public Works Department in a form approved by the City and obtain approval from the Public Works prior to the issuance of a Notice to Proceed. The Waste Management Plan shall demonstrate recovery and recycling of at least 50 percent of the total waste generated by the project and shall consist of the following components: 1. An estimate of the total amount of waste to be generated for the entire duration of the project; 2. An estimate of the total amount of recyclable materials generated by the project, identified by recyclable material type; and, 3. Identification of recyclable material processing methods and facilities which will be utilized to achieve the 50 percent recycling requirements. (1) 3.16 Recycling -Pursuant to City Code Section 9275, the Applicant, Property Owner, and/or tenant(s) are required to participate in the City's recycling program. (1) 3.17 Improvement plans shall 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. (1) 3.18 Release/approval from the East Orange County Water District shall be obtained prior to receiving water service. Backflow prevention devices must be installed in accordance with applicable standards and codes and Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 8 shall be installed within an easement of suitable size to allow for unobstructed access, inspection, testing, and maintenance. The developer shall submit a water permit application to the East Orange County Water District and is responsible for all applicable and water connection fees. (1) 3.19 The location of fire hydrants shall be approved by the City of Tustin and the Orange County Fire Authority. (1) 3.20 Hydraulic analysis of the proposed water system and ability to meet OCFA fire flow demands and requirements shall be performed and certified by the developer.. (1) 3.21 The applicant is responsible for all costs related to the relocation of existing fire hydrants and the installation of new fire hydrants if any. (1) 3.22 The applicant is responsible for all costs related to the abandonment, at the water main, of all existing potable water and fire service connections if any. (1) 3.23 The applicant shall be responsible for all costs related to the installation of new potable and fire related water services. (1) 3.24 Water Improvement Plan should show existing water mains on plan clearly dimensioned. (1) 3.25 Proposed water meter(s) shall be located within the public right-of-way. ARCHITECTURE (4) 4.1 All final exterior colors and textures shall be subject to review and approval of the Community Development Department and final inspection. Colors, materials, and textures shall be noted in construction plans. (4) 4.2 All mechanical and electrical fixtures and equipment shall be adequately screened subject to review and approval by the Community Development Department. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All electrical, mechanical, and electrical fixtures shall be depicted and noted on the construction drawings. (4) 4.3 All exterior on-site light fixtures shall consist of decorative fixtures compatible with the Old Town theme and architecture of the building. Colored cut-sheets shall be submitted for review and approval. All light fixtures shall be subject to review and approval of the Community Development Director. Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 9 (4) 4.4 The applicant shall obtain a permit for future installation of signs on the building. Any sign proposal shall conform to Section 9401 of the Tustin Sign Regulations. In addition, the location, placement, size, number, and sign details shall be subject to the discretion of and approval by the Community Development Director. LANDSCAPING/ HARDSCAPE (4) 5.1 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: ^ Installation of a 24" box tree to be planted in the proposed landscape planter located in the front yard. ^ The applicant shall submit a revised site plan as well as include in landscape drawings the installation of decorative pavers on the driveway entrance. The color and material shall be compatible and complementary to the building design and shall be subject to review and approval of the Community Development Director. ^ Include a summary table identifying plant materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. ^ Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. ^ The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. ^ Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. ^ Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. ^ All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 10 (4) 5.2 On-site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments. The new block wall, proposed along the south property line, shall be constructed of decorative block compatible with building colors. USE RESTRICTIONS (***) 6.1 One residential unit shall be maintained. The studio located at the residential level shall be used as an integral part of the residential unit and shall be not be used or leased as a separate business or as a second residential unit. Prior to the issuance of building permits, the property owner shall execute and record a deed restriction in a form acceptable to the Community Development Department and City Attorney to ensure that the studio will function as an integral part of the residential use and no parts of the residence are leased as a second unit. This deed restriction shall be binding upon all future owners or interested parties of the subject property. ('~**) 6.2 In the event that the City implements programs and regulations to create parking or other assessment district(s), the property owner and all successors in interest shall not contest and must participate in the implementation of such programs and regulations. (1) 6.2 No outdoor storage is approved, except as approved by the Tustin Community Development Director. (4) 6.3 The applicant shall provide an authorization letter from the adjacent property owner prior to removing the existing block wall located along the north property line. ORANGE COUNTY FIRE AUTHORITY (5) 7.1 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 the structure. The applicant may contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." (5) 7.2 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. Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 11 (5) 7.3 Prior to the issuance of a building permit, a note shall be placed on the fire master plan stating that if the structure exceeds 5,500 square feet (per amendment) or if the structure exceeds fire department access requirements, the building shall be protected with an automatic fire sprinkler system in a manner meeting the approval of the Fire Chief. If the structure is required to be fire sprinkled, the fire sprinkler plans can be a deferred submittal. (5) 7.4 Prior to the issuance of a building permit, plans for the fire alarm monitoring system (required if more than 100 sprinkler heads) shall be submitted to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guideline for New and Existing Fire Alarm Systems." This system shall be operational prior to the issuance of a certificate of occupancy. FEES (1)(5) 8.1 Prior to the issuance of any building permits, payment shall be made for all applicable fees, including but not limited to, those listed below. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a) Building plan check and permit fees to the Community Development Department. b) Orange County Fire Authority plan check and inspection fees to the Community Development Department. c) Private improvement plan check and permit fees to the Community Development Department. d) Written approval from the Orange County Sanitation District No. 7 for Sewer Connection Fees. e) New development tax to the Community Development Department based upon the most current schedule. f) 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. g) School facilities fee to Tustin Unified School District based upon the most current schedule. Proof of payment shall be provided to the Community Development Department prior to issuance of building permits. Resolution 4080 Conditional Use Permit 07-14, DR 07-15 Page 12 h) Payment of the Major Thoroughfare and Bridge Fees in effect at the time of issuance of a building permit to the Tustin Public Works Department. i) Applicable parking in-lieu fees as required by TCC Section 9252J3 (d)(3)c. j) 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 fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty- eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. ATTACHMENT C Submitted Plans ."p`er'"° - _ ue~d axis auosmu~ nmrr9um - - ..,,, ,..~ l99ZB~~`~ ptuYdf 7891 _- ""~.~a, ~ --- „~~~v 3 ~I~a ~ - s ~a i ~a~~o~as = - _ ..__ .~~.wFO, ~ ~~~ r=~~ ,- ~. ~ ~„ ~ a~~= 6uip~inq aa/aw aU~ ,,,o~ B ~ ~ ~ ~ CAS ~eai ouiweo ~a LAS x~ z ~ _ ----- __. o J - ~ -' ~ e~ E'~ ^.~ _~ ~~ - - -~ ~- - n #~ ~ , ~ ~ s t rT ~. e$ E s~ ;_ h E Y ~~ ~- a ~ u~ .-_._ .. 4~ ~ - - I i` 1 I 2__ --. c~ ____ -~ ~~ _~ _i I -) -0 I ~ ~ ~ ~' Ieeo 1 __ me~wo -. 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'~'"`~'"'°'~ __ __ ue~d ~ool~ puooas 'ue~d pool} ~s~y 0 uiruruiw ~sro•~ra7uw _ ~ Yn..,., 991ii ~NR~'~ '{~aulb spg{ _ _ u~a ~eined ~ _ M - - N S~~a~lu~) 0 aS _ 6uip~inq ~a~aw aye ~~~~ ~ ~ ~ ~ ~ ~w ~_ ~ ~ ~ ~ ~ ~ ~ ~ _. ~_ -T- , ~; a 0 0 ~~ ~~ ~«=I~ r-IN [d a 0 0 ~§ C ~ O m U N O N N (O ~~ ~ ~rZ .P.S~ -'~` °'°' ue d oo~ 'ue d goo I) I Il p~!Ul ~- t1L76E9'll!'®I L%'~i~91t!'N __ _ ~ "«.•". N9Zi~Id<~'~~ ytpolt't091 _. ___ _ ~W 3elmd g o U - 6wp~inq ~a~aw auk ~~ ~ (~ ~s„~, ~ qua ~t ~ ~ ~ ~ _~~__ -~. - i v,_ i i ___ ~ ~~ f l ~~- ,~ ~ ~ ~ ~~ r ~' - ~ i ~~' ~"- -- ------ i '~ ~K~ ;_ ~$ i ~LJ x ~r ~~ ~ J$ ~`) a ~ ~ ~ `-'' ~ ~ ~ i _.:::. V ~ ~ ~ ~ J - I ~ I i ~ N~~..-.._..-.._.. _.. _.. _.. _..~ C Q `o 0 > a ~ m ~~ r N ccs ~. ro a~ `o o~ NINc9 _~~ "" -~ ~- SUOI~B~2~21011a~Xa - - - .._.. !llu~llr~inn ~~~~o~i _ _ .~~~~, ,.W ~ u~amrou~w iero~mrouw 6UI Ifl ' s~~a~iu~a~ o~as - - - ~w~~~edo~ ~ - c~ ~- , ~- W~~ a~~ ~ .pl. 4 ~a~law aql ~~~ ~ ~ C~ ~ ~ ~ ~ ~ ~- ~_ ~ __ _ ~- i` ~ ~ ~ o ~ `~ `° ~ ~ ~G *~~ N ~e~ ,~ ~~ 3 ~ ~~o~€ ~e~ 0 v ri ~v r I~,~~ _ II~ ~~~. _ I ~ --~ _ _ II ~~I, FC ~{ m r ~ _ - m C m { ~ 4 ~] ¢J x "~ ~° m OC ~ b _ - i . ~ m N ~ m I '~. m h i m ~ .. ~~ 1 L~ _ I_i =-.-. i. I f C ~ O Y O m a~i § r ~ > ~ § ` ~ L~ N u - n L - a~ ~ ~ h ~ _ y ~ _ _ _ _ O O ...._ r ~ N M ~ i ~~ Attachment D Letter from the Tustin Preservation Conservancy dated January 15, 2008 Board of Directors Heidi Brown Markus Brown Brent A. Ferdig Robert Helm Scot Lewis Laura Siriani Ronda Ussery Tustin Preservation Conservancy 350 South B Street Llyn Smith Old Town Tustin, California 92780 carol T'nl`-F°" Elizabeth Binsack Community Development City of Tustin 300 Centennial Tustin, CA 92780 January 15, 2008 Dear Ms. Binsack, After reviewing the report to the Planning Commission recommending. approval of Design Review 07-015 and CUP 07-014 for constinaction at 170 El Camino Real, the Board of IJirectors of the Tustin Preservation Conservancy has the following.. concerns: The modern design of the proposed building does not fit into the historical context of the .Cultural. Resource Overlay District. Other recently constructed buildings such as the Acorn Naturalist Building, Armstrong Nursery, and the Helm. Chiropractic Oi~ce on El Camino Reai went through a rigorous design review process during which the design evolved into a result that worked with the historic urban fabric of our Old Town. The use of a small amount of brick on the front facade does not substitute for historic sensitivity. The claim that it is responding to neighboring content is flawed. The historical building to the south has been completely ignored and overwhelmed by the style and scale'of this proposal. The„ 1960's building to the north that this proposal: emulates is non-contributing and was built prior to the existence of the Overlay District. This is exactly the style and scale of building that was xo be prevented along El Camino Real by the creation of the Overlay District. The project has no retail element, contrary to the 2006 Ordinance passed by City Council requiring all ground floors facing Main. Street and El Camino Real: to have a retail use. These are standards other potential renters and or buyers are held to, yet they are not being applied here. The Tustin Preservation Conservancy supports the idea of a mixed use building in Old Town, as it is based upon a very historic pattern of development. The design, however, should also exhibit the same historic influence. Based on these two points, the Board of Directors of the Tustin Preservation Conservancy opposes granting the Design Review and the Conditional Use Permit. The proposed building design is unsuitable for the historic district and the potential precedence set must be recognized and avoided. Sincerely, Linda Jennings President Attachment E Letter from the Acorn Naturalists dated January 16, 2008 January 16, 2008 Elizabeth Blinsack Community Development City of`Tustin 300 Centennial Tustin, CA 92780 Members of the Planning Commission: Jeff R. Thompson Steve Kozak John Nielsen AI Murrary Charter "Chuck" Puckett.. Dear Ms. Binsack and Members of Planning Commission, We -have reviewed the. Planning Commisstor- documents. related. to Design Review 07- 015 and CUP 07-014 and-wish to convey our concerns regarding the. proposed project. Given the City`s stated commitment to restorir-g ahd maintaining the integrity of the historic district of Tustin, we are hard pressed to understar~ low the City Council or the. Planning Commission could recommend approval o~ a project seas this. Specifically, we have three areas of concern. Erosion of the historic integrity of the Old Tovvn Tustin We recall the rigorous. review process our building went through six years ago. With the architect, Lesson Pomeroy, we strove to recreate an architectural statement for OId Town in the form of a Greene & Greene-inspiredAmerican Craftsman building. The Planning Cornmission, the City, and Tustin Old Town Association all had a voice in every detail of the design, including the roof materials, number size and placement of the windows, complying with parking requirements, first floor retail ambiance and curb appeal; detailed plant palette, and historic architectural integrity. We initially thought we could build a structure similar to the one across the street (and similar to the one proposed at 170 El Camino Real but we were told on multiple occasions that the partitular structure (with first floor parking) could never be approved again. We had. to come back with a new design that reflected the historic flavor of the district. We were told in no uncertain terms that first floor office space and/or first floor parking, were a thing of the past along our stretch of El Camino Real. We are struck by the uninspiring and very modern architectural style of the proposed building for 170 EI Camino Real--in the core of the historic district. What happened in the review process to allow something so incongruous to the surrounding architectural styles to be approved? Resources for the Trail and Classroom 155 El Camino Rea}, Tustin; CA 92780 Phone (714) 838-4888 Faa (714) 838-58b9 www.acornnaturalists.com R~ PNnrr.1 .,n RvrvrlrA ParwK Failure to reinforce the City ordinance regarding retail on the first floor We also recall the ordnance passed by the City Council requiring all ground floors facing Main Street and El Camino Real to have retail use. We respected this requirement when the 'Acorn Naturalists' building was constructed-despite the major expense and adjustment to our business plan to accommodate a much larger retail operation than we had originally envisioned. We were told that we were the pioneer; at the "north end" of El Camino Real and that more retail would follow as the area developed. We have been in our location for five years, wailing for this to occur. Instead, the north-end now gets what appears to be a personal residence with some non-retail income streams attached to it for the owner's benefit. Exactty how does a first floor parking lot equate with the stated mission of encouraging more foot traffic and creating a pedestrian-friendly retail ambiance? Failure to enforce the City's parking regulatins: This project is significantly short on parking. The details indicate it is five parking spaces short which is deficient by 3o%, but in addition,there are two street parking places slated for removal. This makes for a deficit of actually seven spaces-about half of the parking required by the city's own guidelines. To make matters worse, for unknown reasons, City staff is recommending that the City Council waive the fees for this gross deficiency. How did this project ever get this far to begin with? It is beyond comprehension that staff would recommend approval of design Review and the conditional use permit. We remain confident, however, that the Planning Commission will step in and require that staff and the developer return to the "drawing board" and come back with a proposal that addresses the glaring flaws found in this proposal. Sincerely Jennifer Rigby Martin Rigby Owners, Acorn Naturalists Attachment F Streetscape Photo Simulation on EI Camino Real and Revised Elevations :~' :a ~`~.q~~~ ;~i .' i'i F ~~ ~ ~ ~ U ~ ~~ ~ . ~ ~ ~ L _ N c ~ U ~ o ~ .~. 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