HomeMy WebLinkAboutZA Action Agenda 11-24-08ZONING 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 Pallo 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.
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Eloise Harri
RECORDING SECRETARY
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
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Dana Ogdon
ACTING ZONIN ADMINISTRATOR
I, ELOISE HARRIS, the undersigned, hereby certify that
the Zoning Administrator of the City of Tustin, California;
No. 08-011 was passed and adopted at a regular
Administrator, held n the 24th day of November, 2008.
C..~~
Eloise Harris
RECORDING SECRETARY
I am the Recording Secretary of
that Zoning Administrator Action
meeting of the Tustin Zoning
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 sale 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 staff's 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.
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