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Home My WebLink AboutDR 08-010Inter-Com DATE: NOVEMBER 24, 2008 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: DESIGN REVIEW 08-010 APPLICANT: EL POLLO LOCO, INC 3535 HARBOR BLVD, SUITE 100 COSTA MESA, CA 92626 PROPERTY KIMCO REALTY CORPORATION OWNER: LOCATION: 13421 NEWPORT AVENUE TUSTIN, CA 92780 GENERAL PLAN: PC COMMERCIAL BUSINESS ZONING: FIRST STEEET SPECIFIC PLAN ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1 J PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: A REQUEST TO REMODEL AN EXISTING 3,172 SQUARE-FOOT RESTAURANT. RECOMMENDATION Staff recommends that the Zoning Administrator adopt Zoning Administrator Action 08-011, approving Design Review (DR) 08-010 to permit the remodel of an existing restaurant building located at 13421 Newport Avenue. BACKGROUND Location The project site is located within the First Street Specific Plan within the Larwin Square Shopping Center (Attachment A - Location Map). Surrounding properties are Zoning Administrator November 24, 2008 DR 08-010 Page 2 commercial and office uses located within the commercial zoning districts and the First Street Specific Plan. Since the property is located within the South Central Redevelopment Project Area, the project requires Zoning Administrator approval. Design Review Minor design reviews within the redevelopment project areas, which include modifications to existing structures and/or existing facade or site modifications that constitute a change in three (3) or less major design elements that do not result in a completed facade upgrade, may be permitted through the Zoning Administrator. The Zoning Administrator has the authority to approve, conditionally approve, or deny the request pursuant to Section 9299b(4)(c). PROJECT DESCRIPTION The subject building was originally constructed in 1977 and was occupied by the Burger King restaurant. Burger King has recently terminated their lease on the building and EI Pollo Loco desires to locate to this building. With the proposed interior improvements, the building will accommodate a total 78 seats. EI Pollo Loco also proposes to improve the site with the following exterior modifications: 1) Repaint the building and construct new tower elements on the east and south elevation of the building. 2) Improve the site by installing new landscaping around the perimeter of the site and improve the parking areas by re-striping and repair/slurry the existing pavement. 3) Replace the existing the roof. As existing, the 3,172 square-foot structure meets all of the development standards as set forth in Section IIID1 of the First. Street Specific Plan for commercial uses and buildings. The proposed structural enhancements will alter the building exterior but will not alter it in such a way as to bring it out of compliance with the development standards. The overall building foot-print will largely remain unchanged (except for the addition of the tower elements). The installation of the proposed tower elements will increase the height of the building structures; however, the proposed tower elements will be 17 feet 11 inches and comply with the 18 foot height limit. Design Review The exterior finish schedule is comprised of an "Arizona White" building color, a "Desert Gray" base color that will match the Vons tower element, and the two tower elements in "honeysweet" and "goldstone" colors. A variety of new plant material is also proposed to enhance the entire site. In addition, the applicant is proposing to install a new the roof on the building to match the Vons (located in Larwin Square) roof color. However, the material and color of the new roof was not provided as part of the last submittal. Condition 2.2 requires that the applicant provide a sample material of the roof and revised color elevations for staff review and approval to change the roof tiles. Zoning Administrator November 24, 2008 DR 08-010 Page 3 The overall design will significantly enhance the aesthetics and appearance of the site. The building will be painted to be compatible with the primary subtle earth tone color scheme of the surrounding buildings within the Larwin Square shopping center and required by the First Street Specific Plan. The only design features that will deviate from the existing center's colors are the proposed "honeysweet" color of the tower element. However, the tower element is an accent feature that will create visual interest to the building and will be compatible with the surrounding area. Since the project is located within the Redevelopment project area, the project was forwarded to the Redevelopment Agency for review and approval. The Redevelopment Agency has approved the architectural design. FINDINGS Pursuant to Section 9272(c) of the Tustin City Code, the Zoning Administrator may approve the project if it can be found that the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Zoning Administrator should consider at least the following items: Height, bulk, and area of buildings: The maximum height limit for commercial properties within the First Street Specific plan is 18 feet. The applicant is not proposing to alter the height of the building except for the proposed tower elements. The maximum height of the tower elements will be 17 feet 11 inches, which is below the maximum height requirement of 18 feet. 2. Setbacks and site planning: The existing building is in compliance with all current development standards. The project proposal does not include any modifications to the existing setbacks or building footprint (except for the minor addition of the tower elements). 3. Overall Site Configuration: The project proposal will not alter the existing site configuration. The existing development provides adequate circulation and drive-aisles for the proposed use. 4. Exterior materials and colors: The primary building colors are earth tone colors which are consistent with the primary colors existing at Larwin Square shopping center the First Street Specific Plan. The proposed color for two of the tower elements will be "honeysweet." However, the tower element is an accent feature that will create visual interest to the building and will be compatible with the surrounding area. The type of materials used for the building will largely remain unchanged. 5. Type and pitch of roofs: The building currently has a mansard roof and parapet walls to screen the roof-top equipment. The applicant is proposing to replace the roof design. Condition 2.2 will require that the Zoning Administrator November 24, 2008 DR 08-010 Page 4 roof material be approved by staff at plan check to ensure the roof is compatible with the building and the shopping center as a whole. In addition, the proposed tower elements are consistent with the scale of the building (only a proposed increase of approximately two (2) feet from the existing parapet) and will positively contribute to the architectural aesthetic design of the project. 6. Size and spacing of windows, doors, and other openings: There will be no significant modifications to the existing windows and doors of the building. To accommodate the tower element, several windows along .the front elevation entranceway will be removed; however, the modifications will be minimal, and the overall design of the building will be enhanced. 7. The physical appearance and design relationship of the proposed structures to existing structures and possible future structures in the vicinity and public thoroughfares: The proposed project incorporates massing and features consistent with other commercial buildings in the area. The building is a one-story building, which is consistent with the adjacent commercial buildings constructed within Larwin Square and neighboring properties. The design of the project complies with all setback and height requirements specified in the First Street Specific Plan and maintains a harmonious appearance along the streetscape to existing and future structures. 8. Development guidelines and criteria as adopted by the City Council: The project is consistent with all applicable zoning, development standards, and guidelines of the City. Staff recommends that the Zoning Administrator adopt Zoning Administrator Action No. 08-011, approving Design Review 08-010 to permit the proposed EI Pollo Loco site and building improvements to the property located at 13421 Newport Avenue. F ---_~ Alice ieu Associate Planner Attachments: A. Location Map B. Submitted Plans C. Zoning Administrator Action No. 08-011 \\Cot-second\cdd-rda\Cdd\ZAREPORT12008\ZA report DR 08-010.doc ATTACHMENT A LOCATION MAP 13421 Newport Avenue x 5t~t7,LfZt \, `. f/~~' ~ `. t ! ~f. ,f . 500' Radius_ ~ ~, ~~_~ `. _ ~~ `-. :~~ .~` ~t ,~,~ ~,,~T~rJV~• ~°` '` ~ ~,s --__~,_.. ~' ~~,~ ~ a?' ~, .; ~ r ~ f ~,,~ r` ~• <.~ i ~~~--... ~~ ... ? rcr ^ ~ ~;~ ~ ~, g ~s (C~ 2002 rwrv.QeoP4i~.N@T ~~,~ ~ ~ - t~l 50'~EPf[ i ~ ~__ .J..-- --~-~ ~ "~ 1' ~ C ATTACHMENT B SUBMITTED PLANS 9 ~ ~ E ~~~ lo~~~`d~ ~l ~E e. ~ ~~ ~~ ~~~ ~t~~"~~gl ~ ~ ~~ :;. 6 od~ `, , !~ „~ ~ a 5 , ~~~ ~ ~ ~ ~ ~ t o ~ ~ ~~` z 4y ' ~ ~ ~ ~~ ~ \ ~~b a ~ x ' ~~ ~ ~ ~~ ~ ~ .~ ~ o ~ ~ ~ ~ \ ~~_' ~ ~ o ~~~~~~ ~ i o Z _~, _d ~ \ °b s ~ / ~ ~ ~ \ 4 ~ s ' Y 8 \ ~ ~ R ~4 I ® ` \\~`rar s \ ~ ~ ~ N ~£' \ 1 ~ \ ~ ~ ~\ ~~ j ~ ~ Z i S \ \ a I ® I j --~-- ~o > ~~ ~ j ~ ~ ~ Y a y $$ ~ ~ d~ ~ ~ ~ ~ ~'~ ~ ~~ ~ ~y_ ~~ i g ~ N I € _ ,`v \\~/~ ~. ~ / / ~ ~`,~ ~ ~ ~! ~ ' E i I I I- ~~ / ~ ,F ! v ~ (L a L 5- ~ ~ J ,~ ~ ,.. ,~ . oe a v ~~~ , r., ~~ l ~ Z T ~ ~r, i ; ~ m ~ ~ na _ ~f I I I ~ 9 ' P1 ~ ,~ V z 9. ~ J mn ~ 1 ~ ~ . ___ I- 1 ~~ I- ~ P \.~ O O \ f ri ~~ ~ ~ ~ I a W9~~ - 3 yS S I I N m z ~ i5 3 ' ~ `~ ~ ' 1 I " m e I ,' \ ~ --- ~ ~~r .~~ o ` S -- I ~ ua,~ i ,~ ~~ ~ o. ~ ~ a Noo ~ ~ ,~ ° o ~ G I,i ~ ~~ .~ G ~ o .~« ~ ~~ e ~ ~~ ~ ~ E ' R -i_-J ~ ro R fl __~__.~.~. 8 I~ ~ /~ ~ 00'OL M 04 50 00 N ~_ , „ , . 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I- LLZ UQ wa a~ mQ U as x ~Q w~ ~r a~ w~ ~ U y~ ~ W O~ Uz a~ ~~ ~ ~ +~ ~XI T]lY~)OSSYa'131Jtl fIJ S9NIN XA9 _- ~ ~, ~ g ~~ ~\ ~4h \~ ® ~ . • ~, ~-; • ~: ~ ~~ ~~~~ ~ ~ ~ ~ ~ - ~ ~ ~ 5 ~~ ~ ~ ~ ~. ~ ~ _ a ~ _ ~ ~~a ~~ 3I ~ ~ ~ 8 ~ b ~ 'E ~ B ~ 8 ~ q5 ~ ~ ~ ~ ~ ~~~~~ s ~ ~ ~ ~ 3 a ~ ~ ~ ~ ~ ~ ~ ~ ~ o o c~ ~ ~ fix: ~~~ ATTACHMENT C ZONING ADMINISTRATOR ACTION NO. 08-011 ZONING ADMINISTRATOR ACTION 08-011 DESIGN REVIEW 08-010 13421 NEWPORT AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That a proper application for Design Review (DR 08-010) was filed by EI Pollo Loco, Inc., requesting authorization to locate a new restaurant with renovations that include a facade upgrade, parking lot improvement, and landscaping improvement at an existing 3,172 square foot building within the Larwin Square Shopping Center. B. That the site is designated as Planned Community Commercial Business (PCCB) by the City of Tustin General Plan and is zoned First Street Specific Plan. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That the Redevelopment Project Agency considered the site renovations and building enhancements and approved of the design. D. That a meeting on November 24, 2008 to consider Design Review 08-010 was called for by the Zoning Administrator. E. That the Zoning Administrator has the authority to approve, conditionally approve or deny the request for the design review improvements pursuant to Section 9299b(4)(c) of the Tustin City Code when a project is located within a redevelopment project area. F. That the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, in accordance with section Section 9272(c) of the Tustin City Code, in that: 1. Height, bulk, and area of buildings: The maximum height limit for commercial properties within the First Street Specific Plan is 18 feet. The applicant is not proposing to alter the height of the building except for the proposed tower elements. The maximum height of the tower elements will be 17 feet 11 inches, which is below the maximum height requirement of 18 feet. 2. Setbacks and site planning: The existing building is in compliance with all current development standards. The project proposal does not include any modifications to the existing setbacks or building footprint (except for the minor addition of the tower elements). Zoning Administrator Action 08-011 DR 08-010 Page 2 3. Overall Site Configuration: The project proposal will not alter the existing site configuration. The existing development provides adequate circulation and drive-aisles for the proposed use. 4. Exterior materials and colors: The primary building colors are earth tone colors which is consistent with the primary colors existing at Larwin Square shopping center. Therefore, the primary color scheme is consistent with the shopping center colors and the First Street Specific Plan. The proposed color for two of the tower elements will be "honeysweet." However, the tower element is an accent feature that will create visual interest to the building and will be compatible with the surrounding area. The type of materials used for the building will largely remain unchanged. 5. Type and pitch of roofs: The building currently has a mansard roof and parapet walls to screen the roof-top equipment. The applicant is proposing to replace the roof design. Condition 2.2 will require that the roof material be approved by staff at plan check to ensure the roof is compatible with the building and the shopping center as a whole. In addition, the proposed tower elements are consistent with the scale of the building (only a proposed increase of approximately two (2) feet from the existing parapet) and will positively contribute to the architectural aesthetic design of the project. 6. Size and spacing of windows, doors, and other openings: There will be no significant modifications to the existing windows and doors of the building. To accommodate the tower element, several windows along the front elevation entranceway will be removed; however, the modifications will be minimal, and the overall design of the building will be enhanced. 7. The physical appearance and design relationship of the proposed structures to existing structures in the vicinity and possible future structures in the vicinity and public thoroughfares: The proposed project incorporates massing and features consistent with other commercial buildings in the area. The building is a one-story building, which is consistent with the adjacent commercial buildings constructed within Larwin Square and neighboring properties. The design of the project complies with all setback and height requirements specified in the First Street Specific Plan and maintains a harmonious appearance along the streetscape to existing and future structures. 8. Development guidelines and criteria as adopted by the City Council: The project is consistent with the applicable zoning, development standards, and guidelines of the City. Zoning Administrator Action 08-011 DR 08-010 Page 3 G. That this project is Categorically Exempt pursuant to Section 15301, Class 1, Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Design Review 08-010 to authorize the proposed EI Pollo Loco building and site renovations for an existing 3,172 square- foot building, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 24th day of November, 2008. Dana Ogdon ACTING ZONING ADMINISTRATOR Eloise Harris RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 08-011 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 24th day of November, 2008. Eloise Harris RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 08-011 DESIGN REVIEW 08-010 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 24, 2008, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with 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 of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Design Review 08-010 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODES (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Exhibit A ZA Action 08-011 Page 2 (1) 1.5 As a condition of approval of Design Review 08-010, 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. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.6 No outdoor storage is permitted during construction except as approved by the Tustin Community Development Director. (1) 1.7 All utilities must be placed underground, and all pipes, vents, mechanical equipments, etc. must be completely screened from public view. DESIGN REVIEW (4) 2.1 Prior to the issuance of a building permit, the applicant must submit revised elevations to depict and verify that all proposed roof-top equipment will be installed a minimum of six (6) inches below the parapet. (4) 2.2 Prior to the issuance of a building permit, the applicant shall submit a sample material of the proposed roof tiles and a revised colored elevation for review and approval. The proposed roof material and color shall match the new the roofs used within Larwin Square and the design standards of the First Street Specific Plan. (4) 2.3 Prior to the issuance of a building permit, the applicant shall submit separate landscape and irrigation plans to the Building Division. The applicant must also revise the landscape plans to reflect the following: a) Provide additional flowering plants or shrubs to include yellow plant material as an accent color to compliment and highlight the "honeysweet" towering element and EI Pollo Loco's trademark color. b) Clearly label on the landscape plans existing planters and proposed planters. The site plan indicates "existing trees and planter to remain and proposed new landscape" on several of the landscape planters. However, the landscape plan indicates for these landscaped areas the plant material currently exists and nothing will be replaced. Ensure that the site plan and landscape plan are consistent. c) Ground covers shall be planted between eight (8) and twelve (12) inches on center. Exhibit A ZA Action 08-011 Page 3 (4) 2.4 Note on plans that all deteriorating landscape planters must be replaced. Upon staffs inspection of the site and prior to a building final for occupancy, if any existing landscaped area is deficient or deteriorated as determined by staff, the business owner/property owner shall provide additional landscape material. (4) 2.5 All plant materials shall be installed in a healthy vigorous condition typical to the species and landscaping must be maintained in a neat and healthy condition. This will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, regular watering or replacement of diseased or dead plants. (4) 2.6 The trash enclosure must be painted to match the building and the base of the enclosure must be "Desert Gray" to match the building colors. Upon submittal of plans for building plan check, submit revised plans to provide details of the trash enclosure with requested changes. In addition, the trash enclosure must incorporate a solid covering that matches the color and materials of the building (e.g. brown aluminum covering with wood- like finish). (4) 2.7 Repair and slurry all damaged pavement around the subject building including the parking aisles, drive-aisles, and drive-thru. Submit a revised and expanded site plan to show all the drive-aisles and parking area within the vicinity of the building. (1) 2.9 The installation of future building signs shall require a separate plan review and building permit. A business license must be obtained before a sign permit is issued. (1) 2.10 Prior to the issuance of a building permit, the applicant must submit photometric plans with the construction document to ensure that the site area around the building has adequate lighting. A minimum 1-foot candle illumination is required. Final details of the exterior light fixtures shall be subject to review and approval by the Planning Division. Adequate on-site lighting must be provided. BUILDING DIVISION (3) 3.1 At the time of building permit application, the plans shall comply with the 2007 California Building Code (CBC), 2007 California Mechanical Code (CMC), 2007 California Plumbing Codes (CPC), 2007 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2007 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. (3) 3.2 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Exhibit A ZA Action 08-011 Page 4 Plumbing fixture units are required Plumbing Code Chapter 4, Table 4-1 approved by the Building Official. to comply with the 2007 California as per type of group occupancy, or as (5) 3.3 Prior to permit issuance, clearances may be required from the Orange County Health Department, Orange County Fire Authority, South Coast Air Quality Management District, and the State Department of Occupational Safety and Health. (3) 3.4 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountains, and public telephones shall be accessible to persons with disabilities and shall be shown on the plans. Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. (1) 3.5 A note shall be provided on the final plans that a six (6) foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles (1) 3.6 The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. ENGINEERING (1) 4.1 Any damage done to existing public street improvements and utilities shall be repaired to the satisfaction of the City Engineer. (1) 4.2 The applicant/contractor is required to submit a Construction and Demolition Waste Recycling and Reduction Plan (WRRP) to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle 50% of the project waste material. The applicant will be required to submit a $50.00 application fee and a cash deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed 5% of the project's valuation. Prior to the issuance of this permit, the applicant shall post the required security deposit in the form of cash, cashier's check, personal check, or money made payable to the "City of Tustin." Exhibit A ZA Action 08-011 Page 5 ORANGE COUNTY FIRE AUTHORITY (4) 5.1 Upon submittal of the construction documents for plan check, the applicant shall submit architectural plans to the Orange County Fire Authority for review and approval. (5) 5.2 Commercial Cooking Hood Service Code: PR 335 Prior to the issuance of a certificate of occupancy, the applicant shall submit plans for the commercial cooking hood extinguishing system. FEES (1) 6.1 Prior to the issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. 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 based on the most current schedule. b. Orange County Fire Authority Fees c. Public Work Fees d. 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 that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. \\Cot-second\cdd-rda\Cdd\ZAACTION\2008\ZA Action DR 08-010.doc