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HomeMy WebLinkAboutZA Action 08-012ZONING ADMINISTRATOR ACTION 08-012 DESIGN REVIEW 07-022 200 EL CAMINO REAL The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Community Development Department finds and determines as follows: A. A proper application, Design Review 07-022, was filed by Nancy F. Feinstein, requesting authorization to construct a 4,922 square foot two story commercial building with ground floor retail use and second floor office use on a vacant lot located at 200 EI Camino Real also known as Assessor's Parcel Number401-572-01. B. The site is designated as "Old Town Commercial" by the City of Tustin General Plan and is located within the Central Commercial Parking Overlay (C2 P) zoning district as well as in the Cultural Resources (CR) overlay zoning district. The proposed project is consistent with the commercial development standards set forth in the General Plan and the City of Tustin Zoning Code. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the General Plan and has been determined to be consistent with the Air Quality sub-element. C. That a Certificate of Appropriateness is required prior to the issuance of building permits. D. That none of the proposed parking spaces at 200 EI Camino Real are dedicated to the adjacent uses and building located at 220 EI Camino Real. City records indicate that in-lieu parking fees were paid for twenty-six (26) parking spaces required for the building located at 220 EI Camino Real prior to building permit issuance in 1977. E. That the City of Tustin Redevelopment Agency has reviewed and approved the proposed project. F. That pursuant to Section 9272(c) of the Tustin City Code, the Community Development Department finds that the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Community Development Department has considered at least the following items cited on the following page. Height, bulk, and area of buildings: The proposed commercial building is consistent with other commercial structures in the neighborhood in regards to height and massing. The majority of surrounding properties in the vicinity are also two story buildings of a similar scale. Zoning Administrator Action 08-012 Design Review 07-022 December 8, 2008 Page 2 2. Setbacks and site planning: The proposed project meets all of the development standards set forth in the Central Commercial Parking Overlay (C2 P) and Cultural Resources Overlay (CR) zoning districts. 3. Exterior material and colors: The proposed materials and colors are consistent with other commercial structures in Old Town Tustin. 4. Type and pitch of roofs: The parapet roof is consistent throughout the structure and commonly seen on existing commercial buildings within Old Town Tustin. 5. Size and spacing of windows, doors and other openings: The building fenestrations are consistent in sizing and compatible throughout the building. There is significant storefront glazing provided for retail activities on the ground floor. 6. Landscaping and parking area design and traffic circulation: The landscaped area complies with the development standards and will conform to the City of Tustin Landscaping Design Guidelines. The parking area complies with the City's Parking Design Guidelines. 7. Physical relationship of proposed structure to existing structures: The massing and height of the proposed structure is consistent with existing commercial structures within Old Town Tustin. There are numerous two story commercial buildings of similar materials in the immediate vicinity. 8. Roof structures: The pop-outs and roof structure designs are consistent with the style of the structure. 9. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares: The proposed commercial building is consistent in appearance and design to surrounding properties in Old Town Tustin. The proposed building will provide a substantial upgrade to the existing vacant parcel. 10. Development guidelines and criteria as adopted by the City Council: The project is in conformance with all applicable zoning, development standards, and guidelines of the City. G. That this project is Categorically Exempt pursuant to Section 15332, Class 32 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Zoning Administrator Action 08-012 Design Review 07-022 December 8, 2008 Page 3 II. The Zoning Administrator hereby conditionally approves Design Review 07-022 authorizing the construction of a 4,922 square foot two story commercial building with ground floor retail use and second floor office use on a vacant lot located at 200 EI Camino Real also known as Assessor's Parcel Number 401-572-01. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 8th day of December, 2008. Qit/Z.c~..1 ELOISE HA IS RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) V ~~-L_ DANA OGDON ACTING ZONING ADMINISTRATOR I, Eloise Harris, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 08-012 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 8th day of December, 2008. Q~~ ELOISE H RIS RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 08-012 DESIGN REVIEW 07-022 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 8, 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 eighteen (18) months of the date of this Exhibit. If the applicant does not submit plans and obtain permits in a timely manner, the Community Development Department may revoke this design review approval. 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 07-022 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) CALIFORNIA BUILDING CODES (7) PC/CC POLICY (4) DESIGN REVIEW **" EXCEPTIONS Exhibit A Zoning Administrator Action 08-012 Page 2 (1) 1.5 As a condition of approval of Design Review 07-022, 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. PLANNING DIVISION (4) 2.1 All colors, materials, and features shall be installed and maintained as shown on the approved plans. No changes to the exterior building colors, materials, textures, or features shall be permitted unless approved by the Community Development Director. (4) 2.2 The property owner shall be responsible for resolving any issues that may arise pertaining to the three doors located on the north side of the existing building located at 220 EL Camino Real that encroach into the parcel located at 200 EI Camino Real. Any necessary easements or access agreements are the responsibility of the property owner. (4) 2.3 The use of the ground floor shall be restricted to retail use. Retail uses shall constitute more than fifty percent (50%) of the total building floor area. (1) 2.4 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: a. 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. b. Planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. c. All property lines on the landscaping and irrigation plans, public right- of-way areas, sidewalk widths, parkway areas, and wall locations. d. A note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. Exhibit A Zoning Administrator Action 08-012 Page 3 e. Fences, wall, and equipment areas shall be screened with plant materials. f. A note to indicate that 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. (1) 2.5 All landscaping shall be installed prior to issuance of a Certificate of Occupancy or final inspection and shall be maintained in good condition at all times. (1) 2.6 All utilities shall be located underground. (1) 2.7 All exposed metal flashing or trim shall be painted to match the building. (1) 2.8 No exterior down spouts or roof scuppers shall be permitted. All roof drains shall utilize interior piping, but may have exterior outlets at the base of buildings. Drainage shall be oriented to not spill onto the public right-of- way. (1) 2.9 All wall and ground-mounted mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. (1) 2.10 Details on paving materials for all vehicular and pedestrian circulation areas as well as any special pavement treatment within the public right-of- way shall be submitted for review and approved by the Community Development and Public Works Departments. (1) 2.11 A six (6) inch raised concrete continuous curb shall be installed around parking lot landscaping areas. (1) 2.12 All lighting shall be designed and located to confine direct rays and glare to the boundaries of the project. No lighting shall blink, flash, move, or be of unusually high intensity or brightness. Security lighting shall be provided as required per the Uniform Security Code. (1) 2.13 Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building and all exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall- Exhibit A Zoning Administrator Action 08-012 Page 4 mounted fixtures shall be directed at a 90-degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot- candle of light coverage, in accordance with the City's Security Ordinance. A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1) foot-candle of light, and lighting shall not produce light, glare, or have a negative impact on adjacent properties." (1) 2.14 Cross-section details showing the installation of the proposed rooftop equipment. Rooftop equipment shall be installed and maintained at the height six (6) inches below the parapet so as not to be visible from the public right-of-way. An elevation showing rooftop equipment installation related to the height of the parapet and proposed equipment must be identified at plan check submittal subject to the approval of Community Development Department Director. (1) 2.15 The location of any utility vents or other equipment shall be provided on the roof plan and the location of any wall or ground-mounted equipment shall be shown on the site plan; aboveground utility boxes shall not interfere with line of sight for parking lot traffic circulation. BUILDING DIVISION (1) 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, 2005 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations 2005 Edition. (1) 3.2 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2007 California Plumbing Code Chapter 4, Table 4-1 as per type of group occupancy, or as approved by the Building Official. (1) 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. (1) 3.4 Vehicle parking, the 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. (1) 3.5 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) Exhibit A Zoning Administrator Action 08-012 Page 5 accessible space shall be van accessible served by a minimum 96 inch wide loading area. (1) 3.6 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) 3.7 Pursuant to the City of Tustin's. Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the building. The numerals shall be no less than six (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness.height for commercial. (1) 3.8 No outdoor storage shall be permitted except as approved by the City of Tustin Community Development Director. (1) 3.9 An adequate size trash enclosure with solid metal, self-closing, self-latching gates is required to be located on the property and maintained to avoid health issues for neighboring commercial and residential areas. Said enclosure shall be screened by a solid decorative wall consistent with the adjacent building's material and finish and be of a minimum height of six (6) feet. The actual location of the enclosure and types of screening and details of the enclosure shall be submitted at building plan check and are subject to approval by the Community Development Department. The location of the bin, size, and quantity shall be reviewed and accepted in writing by the Public Works Department. (1) 3.10 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. PUBLIC WORKS DEPARTMENT (1) 4.1 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 seq.) to recycle 50 percent 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 Exhibit A Zoning Administrator Action 08-012 Page 6 Department in an amount not to exceed five (5) percent of the project's valuation. Prior to issuance of this permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin." (1) 4.2 Prior to issuance of a Grading Permit, a final grading plan consistent with the approved site and landscaping plans as prepared by a registered civil engineer shall be submitted and approved. (1) 4.3 A grading bond will be required prior to permit issuance. The engineer's estimated which covers the cost of the grading, drainage, and erosion control shall be submitted to the City for approval. (1) 4.4 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify: the implementation of BMPs, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.), and reference to the location(s) of structural BMPs. The applicant shall be responsible to address any on-site changes as the result of the WQMP review. (1) 4.5 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700.00 to the Public Works Department for the estimated cost for reviewing the WQMP. (1) 4.6 Prior to issuance of any permits, the property owner(s) shall record a "Covenant and Agreement Regarding O & M Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification" with the County Clerk Recorder. This declaration binds current and future owner(s) of the property regarding implementation and maintenance of the structural and non structural BMPs as specified in the approved WQMP. This form can be obtained from the Community Development Department (1) 4.7 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 Quality Control Board. (1) 4.8 Prior to issuance of any permit, the applicant shall submit 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. The construction of these improvements shall be completed to the Exhibit A Zoning Administrator Action 08-012 Page 7 satisfaction of the City Engineer before issuance of Certificate of Occupancy. Construction and/or replacement of any missing or damaged public improvements shall be required adjacent to this development, include but not limited to the following: . a. Remove and replace all sidewalk adjacent to project boundary on Second Street; b. Remove and replace the curb and gutter adjacent to the tree on Second Street; c. Remove and stump grind the tree near the sewer manhole and the water meter on Second Street; d. The applicant shall contact and coordinate the adjustment of the existing sewer manholes on Second Street to grade with the Orange County Sanitation District (OCSD); e. Remove and replace the water meter box on Second Street; Remove and replace six (6) concrete sidewalk panels and one (1) paver sidewalk panel along project frontage on EI Camino Real; and, g. Remove and replace the concrete band around the curb return adjacent to property at EI Camino Real and Second Street. 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) 4.9 Per the City of Tustin Municipal Code and the California Streets and Highways Code, the property owner or other person in control of the property is responsible for maintenance of the adjacent parkways and sidewalk. All landscaping shall be maintained in a healthy condition free of dead, decayed, overgrown or discarded plant material. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. (1) 4.10 A domestic water system shall be designed and installed to the standards of the City of Tustin Water Services Division. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of the water system design and the distribution of fire hydrants shall 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. Exhibit A Zoning Administrator Action 08-012 Page 8 (1) 4.11 Existing sanitary sewer, domestic water, and storm drain service laterals shall be utilized whenever possible. (1) 4.12 Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy. (1) 4.13 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) 4.14 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive ways and sidewalk. (1) 4.15 Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department shall be required at the time a building permit is issued. (1) 4.16 The applicant shall contact the Orange County Sanitation District (OCSD) for sanitary sewer requirements and standards. Prior to issuance of a building permit, applicant shall provide written approval from OCSD. (1) 4.17 In addition to the normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, 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 2007 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 2007. Drawings created in AutoCAD Release 2004 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. (1) 4.18 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. Exhibit A Zoning Administrator Action 08-012 Page 9 POLICE DEPARTMENT (4) 5.1 The second floor restrooms shall be self closing and self locking and require a key to access from the outside. These features will restrict access by unauthorized persons. ORANGE COUNTY FIRE AUTHORITY (1) 6.1 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." (1) 6.2 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. FEES (1) 7.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building Plan Check and Permit Fees • Grading Plan Check and Permit Fees • Transportation System Improvement Program Fees • School Fees • Orange County Fire Authority Fees (1) 7.2 Within forty-eight (48) hours of final approval of the 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.