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HomeMy WebLinkAbout04 DR 08-009ITEM #4 Report to the Planning Commission DATE: JUNE 9, 2009 SUBJECT: DESIGN REVIEW 08-009 APPLICANT: DR. ASHOK MEHTA 2379 SKYLINE DRIVE FULLERTON, CA 92831 PROPERTY OWNER: MEHTA FAMILY TRUST CIO ASHOK MEHTA 2379 SKYLINE DRIVE FULLERTON, CA 92831 LOCATION: 740 EL CAMINO REAL ASSESSOR PARCEL NUMBER: 401-641-01 TUST[N ZONING: CENTRAL COMMERCIAL WITH COMBINING PARKING OVERLAY DISTRICT (C-2 P) GENERAL PLAN: OLD TOWN COMMERCIAL ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15303, CLASS 3 OF THE CALIFORNIA CODE OF REGULATIONS (GUIDELINES FOR THE CALIFORNIA ENVIRONMENTAL QUALITY ACT). REQUEST: TO AUTHORIZE THE DEMOLITION OF AN EXISTING 1,757 SQUARE FOOT ONE-STORY COMMERCIAL BUILDING AND OTHER 51TE IMPROVEMENTS AND THE DEVELOPMENT OF A 5,331 SQUARE FOOT TWO-STORY COMMERCIAL BUILDING SUITABLE FOR RETAIL AND MEDICAL/DENTAL OFFICE USES, INCLUDING ASSOCIATED SITE IMPROVEMENTS, LOCATED AT 740 EL CAMINO REAL Planning Commission Report DR 08-009 740 EI Camino Real June 9, 2009 Page 2 That the Planning Commission adopt Resolution No. 4116 approving Design (DR) 08-009, authorizing the demolition of an existing one-story commercial building and construction of anew two-story commercial building located at 740 EI Camino Real. BACKGROUNDIDISCUSSION Conditional Use. Permit Pursuant to Tustin City Code (TCC) Section 9233c(y)(1), professional and general offices fronting onto Main Street or EI Camino Real and located within the Old Town Commercial General Plan land use designation are listed as a conditionally permitted use in the C-2 zoning district. Approval of a use permit is subject to certain use criteria for office development, finding that an office use would be more compatible with the existing and planned uses in the vicinity than a retail commercial use on the subject property. In November 2007, Dr. Ashok Mehta, DDS, filed an application for a conditional use permit (CUP 07-020) to establish a dental office in an existing 1,757 square foot building located at 740 EI Camino Real. On January 22, 2008, the Planning Commission adopted Resolution No. 4079, finding that the proposed project did not meet the finding requirements of TCC 9233c(y)(1), thus denying CUP 07-020. The property owner at the time, Dr. Sayed Mirrafati, appealed the decision of the Planning Commission to the City Council. On March 18, 2008, the Tustin City Council adopted Resolution No. 08-22 (Attachment D), reversing the Planning Commission decision and approving CUP 07-020, authorizing a dental office located at 740 EI Camino Real in the Central Commercial (C-2) zone and fronting onto EI Camino Real. Condition of approval 2.1 of CUP 07-020 imposed by the Council reads as follows: Prior to the establishment of a dental office, the applicant shall enhance the exterior of the building through the Design Review process, for review and approval by the Planning Commission. At a minimum, exterior improvements shall include high quality four-sided architectural improvements and parking lot and landscape improvements. Conditions of project approval including but not limited to appropriate conditions on the use as permitted by this CUP 07-020 shall be considered concurrent with the design review approval. The application for CUP 07-020 included interior tenant improvements. No exterior modifications were proposed at the time, though Dr. Mehta at that time did indicate that he was willing to make some exterior improvements. Subsequent to the approval of CUP 07- 020, Dr. Mehta proposed to redevelop the property with atwo-story commercial building, with his dental office at the second floor and a retail area at the ground floor. Thus, an application for a Major Design Review (DR 08-009) was filed and the project is being brought back to the Commission for consideration. Planning Commission Report DR 08-009 740 EI Camino Real June 9, 2009 Page 3 Site and Surrounding Properties The project site is a 10,860 square foot lot located at the Y-intersection of EI Camino Real and EI Camino Way, south of Sixth Street, north of the I-5 Freeway, and west of Newport Avenue. The property is zoned Central Commercial with Combining Parking Overlay District (C-2 P) and has a General Plan land use designation of Old Town Commercial. The site is also located within the Town Center Redevelopment Project Area and Center City Study Area. The site surroundings include a variety of commercial uses on all sides (See Figure 1). EI Camino Plaza (retail, restaurant, service, and office-related uses) is located at the west, Tustin Motor Lodge (motel) and Makena Square (retail strip center) are to the south, Galaxy Automotive (auto repair shop) to the north, and another retail strip center to the east. PROJECT DESCRIPTION The applicant is requesting to demolish the existing 1,757 one-story building (Figure 2) and construct a 5,331 square foot two-story commercial building (Figure 3). The existing 1,757 square foot one-story structure (which is currently vacant) will be demolished, save for one interior wall. Site improvements will be completely removed and the site will be graded and reconfigured in terms of building, parking, landscape, and hardscape areas. The second floor of the building is designed to accommodate 3,836 square feet of office space where the applicant, Dr. Mehta, proposes to operate a branch of his dental practice. The ground floor is designed to accommodate 1,495 square feet for a retail tenant. However, should the property owner wish to lease to an office use at the ground floor, CUP 07-020 allows the entire building to be used for office use. Figure 1. Surrounding Zoning Districts Planning Commission Report DR 08-009 740 EI Camino Real June 9, 2009 Page 4 Figure 3. Proposed Building Associated site improvements, such as parking lot redesign and repaving, new landscaping, and hardscaping are proposed as part of the project. Required off-site improvements such as driveway reconstruction, removal and replacement of street trees, and reconstruction of the curb are also part of the proposed project. Where architectural elements encroach over the public right-of-way, the applicant will be required to file an encroachment permit application and liability insurance with the Public Works Department. Figure 2. Existing Building Planning Commission Report DR 08-009 740 EI Camino Real June 9, 2009 Page 5 Site Design The project site is located at the Y-junction of EI Camino Real and EI Camino Way, which can be considered the gateway to Old Town Tustin (see Figure 4 -Proposed Site Plan). Due to the shape and location of the subject site, at the request of City departments, the proposed project has been designed to take advantage of the property's unique corner situation. The mass has been oriented to consider the street frontage along EI Camino Real and the curved corner. The building is situated essentially at the property line for the entire footprint along El Camino Real and EI Camino Way. This configuration creates an anchor at the curved corner as well as defines the street frontage along the main thoroughfare, EI Camino Real. The building frontage along EI Camino Real has been designed with a covered parking lot at the ground floor and office area above to continue the building massing and hold the street edge, as opposed to leaving a void in the streetscape by placing an open parking lot or other open space on this part of the lot. This allows the open parking lot, trash enclosure, walkways, and additional landscape areas to be located along the less- visible and less-traveled EI Camino Way. i /~ Figure 4. Proposed Site Plan Planning Commission Report DR 08-009 740 EI Camino Real June 9, 2009 Page 6 Architecture Enhanced banding -~ pieces The proposed building is a two-story commercial building traditionally designed for retail uses and at the ground level and offices at the second level. The total height proposed is thirty-eight (3$) feet to the top of the highest parapet, which is in conformance with the fifty (50) foot maximum height limit in the zoning district. The facade of the building is clad in alternating bays of brick and stucco. The facade also features architectural elements such as: ^ traditional cornice piece ^ enhanced banding pieces to delineate the two stories ^ ground floor storefront with large pedestrian windows ^ smaller, regularly spaced windows at the second floor offices ^ soldier course brick work at window and door openings ^ custom metal awnings at storefront windows ^ custom decorative wrought-iron railing at the front balcony and rear walkway ^ wall-mounted light fixtures (Style "Rustic" in "Antique Bronze") Since the building extends for such a long facade along EI Camino Real, there is a risk of the facade appearing flat and monotonous. Additional design measures applied to give more depth and movement to the facade include the following (See Figure 5): ^ Varied roofline with extended parapet walls ^ Alternating bays clad in brick and stucco ^ Color and texture-variegated brick material ^ Projecting brick coursework ^ Projecting brick piers within the brickwork ^ Projecting cornice and banding (up to 12 inches) ^ Recessed windows (2 inches) ^ Projecting awnings at storefront windows Alternating brick 8 stucco bays rra~rrt~~~ai nuuumccv yaiayc opening Varied roofline (~ ~ \. Extended parapet wall -- ~' Focal point at corner Decorative wrought iron railing Figure 5. EI Camino Real Elevation Planning Commission Report DR 08-009 740 EI Camino Real June 9, 2009 Page 7 The proposed brick is a veneer manufactured by Summit Brick and Tile in the color "Empire Gold." The proposed stucco is a 7/8" smooth plaster finish painted a sand color ("Adobe" by Olympic Paints). The proposed trim color for the bandings, doors, and windows is a sienna brown (Weathered Leather" by Dunn Edwards Paints). The proposed paint color for the railings and awnings is a deep brown ("Weathered Brown" by Dunn Edwards Paints) (see Attachment C -Submitted Plans). While the proposed property is located outside of the Cultural Resources Overlay District, it is located in very close proximity, is designated by the General Plan as Old Town Commercial, and serves as a transition into Old Town Tustin. Therefore, staff has insisted that the project architecture need not replicate a particular historic building or style, but does need to resemble that which is found on historic commercial buildings throughout Old Town and incorporate some historic architectural elements. The existing one-story and proposed two-story buildings are shown in Figures 2 and 3 respectively. Parking The project is a dental office and retail building located in the C-2 zoning district, as well as the Combining Parking Overlay (P) District. Current code parking requirements (TCC Section 9263G) for Medical/Dental Offices within the Combining Parking District is ane (1) space for each 300 square feet of gross floor area. Current code parking requirements for "retail stores, general merchandise" and "restaurants, delicatessens; take out only and includes ancillary uses" is one (1) space for each 250 square feet of gross floor area. The parking calculation for the roposed pro"ect is as follows: Use Square Footage Ratio Spaces Required Medical/dental office 3,836 SF 1 space / 300 SF 12.78 Retail or take-out restaurant 1,495 SF 1 space / 250 SF 5. 98 TOTAL PROVIDED 19 TOTAL REQUIRED 18.76 X19 Based on the total floor area of the building, nineteen (19) parking spaces are required. The proposed project features nineteen (19) on-site parking spaces, of which seven (7) are located in the covered garage and twelve (12) are located in the open parking lot. Therefore, the proposed project is in conformance with the minimum parking requirements of Tustin City Code Section 9263 (Off-Street Parking Required). ANALYSIS In determining whether to approve the Design Review, the Planning Commission must determine whether or not the location, size, architectural features, and general appearance of the proposed development will impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a Planning Commission Report DR 08-009 740 EI Camino Real June 9, 2009 Page 8 whole. In making such findings, the Commission has considered at least the following items: 1) The subject site is a unique corner location at the crossroads of EI Camino Real and EI Camino Way, which serves as a gateway to Old Town Tustin. The proposed building massing, orientation, and architecture will serve to enhance the subject site and augment the surrounding commercial districts. 2) The proposed structures and associated improvements enhance the site and are harmonious with the highest standards of improvements in the surrounding area and total community. 3) The Tustin Community Redevelopment Agency and the City's Public Works Department, Police Department, and Building Division have reviewed and concur with the proposed project, as conditioned. 4) 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. a) Height, bulk, and area of buildings: The proposed height of the two-story structure is within the maximum permitted height in the zoning district. The height and bulk of the building also hold the street edge well and help to create a well-defined streetscape along EI Camino Real. b) Setbacks and site planning: The site design capitalizes upon the corner and EI Camino Real street frontages by locating the building at the property line. The site is planned to locate uses such as the open parking lot, trash enclosure and exterior staircase along the less-visible and less-traveled EI Camino Way. c) Exterior materials and colors: The proposed materials (brick, stucco, metal, wrought iron, wood) are of a high quality, will serve to enhance the architecture of the building, and are compatible with the nearby commercial buildings in Old Town. The proposed color scheme (lighter base color with darker accent colors) will also accentuate the building's architecture and give a clean look to the facade. The proposed brick veneer features color and texture variation that will add dimension to the building faces. d) Type and pitch of roofs: The proposed flat roof with parapet and extended parapet walls is typical of traditional commercial buildings in the area and creates visual interest by breaking the monotony with a varied roofline. e) Size and spacing of windows, doors, and other openings: The proposed building has been designed to reflect a traditional commercial building with retail an the ground floor and offices above. The proposed storefront and windows are regularly shaped and spaced and reflect the uses of the interior spaces. The main pedestrian doorway is designed to emphasize the main entry and provide a focal point at the corner of the site. The garage openings minimize the impact of the void by employing an arched doorway with soldier course brick work and planting crawling vines about the opening. Planning Commission Report DR 08-009 740 EI Camino Real June 9, 2009 Page 9 f) Landscaping, parking area design, and traffic circulation: The proposed landscaping areas and quantities appear to meet the requirements of the Tustin City Code and will serve to enhance the aesthetics of the property. The site has reconstructed driveways at both EI Camino Real and EI Camino Way to meet current standards and allow for access to the site from two (2) streets; this will also allow for a flow of traffic through the site and help prevent aback-up situation on-site or in the right-of-way. Traffic safety mirrors and signs will be installed at the EI Camino Real garage entrance to increase visibility for both vehicles exiting the site and pedestrians walking across the driveway. g) Physical relationship of proposed structures to existing structures in the neighborhood: The proposed structure is a stand-alone building located at the entrance to Old Town Tustin, and its form will serve to clearly define that entry. h) Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares: The proposed structure adapts a modern commercial building to a historic commercial district by incorporating a variety of traditional architectural elements and forms. ENVIRONMENTAL ANALYSIS The project is determined to be categorically exempt from Section 15303, Class 3 - New Construction or Conversion of Small Structures, of the California Environmental Quality Act. The Class 3 exemption includes, in urbanized areas, up to four commercial buildings not exceeding 10,000 square feet in floor area an sites zoned for such use, if not involving significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. STAFF RECOMMENDATION The applicant/property owner, project architects, and City staff have all been working diligently and closely together to achieve a design that is functionally and visually pleasing for all concerned parties. Several other design renditions have been reviewed and staff feels that the current proposed plan is the most appropriate version and that sufficient findinJJg^s ennxist to support approval of the Design Review. ~l~' ~«1~ Reins Kapadia Elizabeth A. Binsack Associate Planner Director of Community Development Attachments: A. Location Map B. Land Ilse Application Fact Sheet C. Submitted Plans D. City Council Resolution No. 08-22 E. Resolution No. 4116 Attachment A Location Map LOCATION MAP i ADDRESS: 740 EL CAMINO REAL PROJECT NO.: DR 08-009 NEW TWO-STORY COMMERCIAL BUILDING 1 I ~ ~ , _ .,, . i_ _-I--- `'31%THSTREET ,~. ~~ ~ ~ ~i f~/ ~,~. _ '' _, . O n~. J~ Y, ti nr~ PROJEGY _ _ ~ 3 SITE ' ~~. _ { 300' , a~ o - - ~ I J ~_ Q ., ., ., Attachment B Land Use Application Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): Design Review (DR) 08-009 2. LOCATION: Y-intersection of EI Camino Real & EI Camino Way 3. ADDRESS: 740 EI Camino Real 4. TRACT: 689 5. APN(S):401-641-01 6. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: CUP 07-020 7. SURROUNDING LAND USES: NORTH: auto repair SOUTH: retail commercial EAST: retail commercial WEST: various commercial 8. SURROUNDING ZONING DESIGNATION: 9 10. NORTH: C-2P SOUTH: C-2P EAST: Planned Community (PC) WEST: C-2P SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Old Town Commercial SOUTH: Old Town Commercial EAST: Old Town Commercial WEST: Old Town Commercial SITE LAND USE: A. EXISTING: Commercial B. PROPOSED: Commercial C. GENERAL PLAN: Old Town Commercial D. ZONING: Central Commercial with Combining Parking District (C-2P) E. PROPOSED GP: no change F. PROPOSED ZONING: no change DEVELOPMENT FACTS: 11. LOT AREA: 10,860 S.F. 0.25 ACRES 12. BUILDING LOT COVERAGE: 100% less parking and landscaping requirements MAX, PERMITTED 42.4% PROPOSED 13. SITE LANDSCAPING: 5% of parking lot area REQUIRED 9% of site total PROPOSED 14. PARKING: 19 spaces REQUIRED 19 spaces PROPOSED 15. BUILDING HEIGHT: 50' MAX. PERMITTED 38' PROPOSED 16. BUILDING SETBACKS: REQUIRED PROPOSED FRONT: none 6 inches SIDE: none 6 inches REAR: none n/a 17. OTHER UNIQUE CONDITIONS ASSOC-ATED TO THE PROPERTY (I. E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) Redevelopment Project Area (Town Center), ULI Study Area (Center City] Attachment C Submitted Plans ~'~ ~~a ~~; Sl l'f. 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NI 533N1 .L~3lLL5 5f171d SNIl51X3 d9aY'1 (3J03H Wntj1Sn911 H11M NMOHS) 3NIi139Ntl1 ANIl Wna0d0l,W 31tla1S02jd 5N33S31nad 3NI81f18 ~I33`J8 Htllnd~ WfIIlD31112ltld WnaOdoAW 13~Iad ~WnN'd)(31. Wn~INOdtlf Wn211SnJil AIHnW 1SIW 1tlJ32i J.SIW 1tlJ32l, SlaVllldtla tlIJ2138N31HnW C~~ la?aLS woad Nmrz °1 ,9Y507.AL2 N6YNL dD 37Y2 NO 5411h'INIQJI 3~V5 NWnlntl IIJJ32iJ tlIAIWS 33x1 AMa38Mtl211S ~tlNRltlW~ SnlnBatl ~~~~ a a~7~~^ ~ I M N. -t r~i~",'~17'~1~~~'r;'~1~'~ i~~ .~,, Attachment D City Council Resolution No. 08-22 RESOLUTION NO. 08-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN REVERSING THE PLANNING COMMISSION DECISION DENYING CONDITIONAL USE PERMIT 07-020 AND APPROVING CONDITIONAL USE PERMIT 07-020 AUTHORIZING A DENTAL OFFICE LOCATED AT 740 EL CAMINO REAL IN THE CENTRAL COMMERCIAL (C-2) ZONE AND FRONTING ONTO EL CAMINO REAL The City Council of the City of Tustin does hereby resolve as follows: A. That a proper application, Conditional Use Permit 07-020, was filed by Dr, Ashok Mehta, requesting authorization to establish a dental office in an existing stand-alone building at 740 EI Camino Real. That the property is located in the Central Commercial (C-2} zoning district, and is designated as Old Town Commercial by the General Plan Land Use Policy Map; B. That a public hearing was duly called, noticed, and held for said application on December 11, 2007, by the Planning Commission; C. That at the December 11, 2007, public hearing, the applicant's legal counsel submitted correspondence and a Public Records Act request to the Planning Commission; D. That the Planning Commission continued the project to the January 8, 2008, meeting to allow the Planning Commission and City staff time to review and respond to correspondence and the Public Records Act request; E. That at the January 8, 2008, public hearing, the Planning Commission continued the project to the January 22, 2008 meeting, in order to conduct further research as to whether a conditional use permit was required; F. That at the January 22, 2008, public hearing, the Planning Commission adopted Resolution No. 4079, denying Conditional Use Permit 07-020; G. That on January 29, 2008, the property owner's legal counsel submitted a letter of appeal of the Planning Commission's denial of Conditional Use Permit 07-020; H. That a public hearing was duly called, noticed, and held for said application on March 4, 2008, by the City Council; I. That at the March 4, 2008, public hearing, the City Council continued the item to the March 18, 2008 meeting; Resolution No. 08-22 GUP 07-020 March 18, 2008 Page 2 J. That pursuant .to Tustin City Code Section 9233c(y), professional and general offices fronting onto Main Street or EI Camino Real and located within the Old Town Commercial General Plan land use designation are conditionally permitted, subject to certain use criteria; K. That the City Council determines that the property fronts onto EI Camino Real, is located within the Old Town Commercial General Plan land use designation, and is subject to Tustin City Gode Section 9233c(y). L. That the City Council has considered the matter and determined that if implemented consistent with the conditions of approval set forth in Exhibit A attached hereto, the proposed project meets finding requirements needed to support the conditional use permit, in that: Pursuant to Tustin City Code Section 9233c(y)(1), the proposed office use would be more compatible with the existing and planned uses in the vicinity than a retail commercial use on the subject property and that the office use would be more beneficial in implementing applicable land use policies such as the Tustin General Plan, Tustin City Code, and any Tustin Community Redevelopment Agency Project Area Redevelopment Plan than a retail commercial use on the subject property. 2. Pursuant to Tustin City Code Section 9233c(y)(2), approval of the professional office use meets the required criteria, as follows: b. That the proposed use is to be located in an existing building that because of its design and orientation is impractical to modify or alter to accommodate retail establishments. 3. The proposed project has been determined to be in conformance with the City's General Plan, which allows for a variety of retail, professional office, and service-oriented business activities to serve Old Town and surrounding areas, and 4. The Redevelopment Agency has reviewed the project and has indicated its support for the proposed use if architectural improvements are provided. M. That the project is categorically exempt pursuant to Section 15301 (Class 1) of the California Gode of Regulations (Guidelines for the California Environmental Quality Act). Resolution No. 08-22 CUP 07-020 March 18, 2008 Page 3 VI { Y I~LCKt\ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 08-22 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 18~' day of March, 2008 by the following vote: COUNCILMEMBER AYES: Amante, Davert, xawashima, Palmer (4) COUNCILMEMBER NOES: Bone (1) COUNCILMEMBER ABSTAINED: None (0) COUNCILMEMBER ABSENT; None (~) L. - . `~~'PAMELA STOKER U CITY CLERK II. The City Council hereby reverses the Planning Commission decision denying Conditional Use Permit 07-020, subject to the conditions of approval set forth in Exhibit A, and approves Conditional Use Permit 07-020 authorizing a dental office in an existing building at 740 EI Camino Real in the Central Commercial (C- 2) zoning district and Old Town Commercial General Plan designation. EXHIBIT A -RESOLUTION N0.08-22 CONDITIONAL USE PERMIT 07-020 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped on the date of approval, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Approval of Conditional Use Permit 07-020 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. ARCHITECTURE (***) 2.1 Prior to the establishment of a dental office, the applicant shall enhance the exterior of the building through the Design Review application process, for review and approval by the Planning Commission. At a minimum, exterior improvements shall include high quality four-sided architectural improvements and parking lot and landscape improvements. Conditions of project approval including but not limited to appropriate conditions on the use as permitted by this CUP 07-020 shall be considered concurrent with the design review approval. (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY RE4UIREMENTS (6) LANDSCAPING GUIDELINES (7) PCICC POLICY Exhibit A Resolution No. 08-22 CUP 07-020 March 18, 2008 Page 5 FEES (1,5) 3.1 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 Ct_ERK 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 E Resolution No. 4116 RESOLUTION NO. 4116 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 08-009 TO AUTHORIZE THE DEMOLITION OF AN EXISTING 1,757 SQUARE FOOT ONE-STORY COMMERCIAL BUILDING AND OTHER SITE IMPROVEMENTS AND THE DEVELOPMENT OF A 5,331 SQUARE FOOT TWO-STORY COMMERCIAL BUILDING SUITABLE FOR RETAIL AND MEDICAL/DENTAL OFFICE USES, INCLUDING ASSOCIATED SITE IMPROVEMENTS, LOCATED AT 740 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 Design Review (DR) 08-009 was submitted by Dr. Ashok Mehta, property owner, requesting authorization to demolish and redevelop the property at 740 EI Camino Real (also referred to as Assessor Parcel Number 401- 641-01)with a 5,331 square foot twa-story commercial building; B. That the subject property is located in the Central Commercial District with Combining Parking Overlay (C-2 P), has a General Plan land use designation of Old Town Commercial, and fronts onto EI Camino Real; C. That the proposed project is consistent with the policies of the General Plan "Old Town Commercial" designation which allows for retail, professional offices and service-oriented business activities. The project has been determined to be consistent with the Air Quality Sub-element; D. That the project is consistent with the development standards of the C-2 P zoning district; E. That pursuant to Tustin City Code (TCC) Section 9233c(y)(1 }, professional and general offices fronting onto Main Street or EI Camino Real and located within the Old Town Commercial General Plan land use designation are a conditionally permitted use in the C-2 zoning district; F. That on November 1, 2008, Dr. Ashok Mehta filed a Conditional Use Permit application (CUP 07-020) to establish a dental office in an existing building at 740 EI Camino Real; PC Resolution No. 4116 Design Review 08-009 June 9, 2009 Page 2 G. That on January 22, 2008, the Planning Commission adopted Resolution No. 4079, finding that the proposed project did not meet the finding requirements of TCC 9233c(y)(1), thus denying CUP 07- 020; H. That Dr. Sayed Mirrafati, property owner at the time, appealed the decision of the Planning Commission to the City Council; That on March 18, 2008, the Tustin City Council adopted Resolution No. 08-22, reversing the Planning Commission decision and approving CUP 07-020, authorizing a dental office located at 740 EI Camino Real in the Central Commercial (C-2) zone and fronting onto EI Camino Real; J. That Condition 2.1 of City Council Resolution No. 08-22 requires the applicant to enhance the exterior of the building through the Design Review application process, for review and approval by the Planning Commission; K. That the applicant has opted to redevelop the entire site rather than enhancing the exterior of the existing building, and thus filed application DR 08-009; L. That a public meeting was duly called, noticed, and held for said application on June 9, 2009, by the Planning Commission. Il. In determining whether to approve the Design Review, the Planning Commission must determine whether or not the location, size, architectural features, and general appearance of the proposed development will 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) The subject site is a unique corner location at the crossroads of EI Camino Real and EI Camino Way, which serves as a gateway to Old Town Tustin. The proposed building massing, orientation and architecture will serve to enhance the subject site and augment the surrounding commercial districts. 2) The proposed structures and associated improvements enhance the site and are harmonious with the highest standards of improvements in the surrounding area and total community. 3) The Tustin Community Redevelopment Agency and the City's Public Works Department, Police Department, and Building Division have reviewed and concur with the proposed project, as conditioned. PC Resolution No. 4116 Design Review 08-009 June 9, 2009 Page 3 4) 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. a) Height, bulk, and area of buildings: The proposed height of the two-story structure is within the maximum permitted height in the zoning district. The height and bulk of the building also hold the street edge well and help to create swell-defined streetscape along EI Camino Real. b) Setbacks and site planning: The site design capitalizes upon the corner and EI Camino Real street frontages by locating the building at the property line. The site is planned to locate uses such as the open parking lot, trash enclosure and exterior staircase to be located along the less-visible and less-traveled EI Camino Way. c) Exterior materials and colors: The proposed materials (brick, stucco, metal, wrought iron, wood) are of a high quality, will serve to enhance the architecture of the building, and are compatible with the nearby commercial buildings in Old Town. The proposed color scheme (lighter bases color with darker accent colors) will also accentuate the building's architecture and give a clean look to the facade. The proposed brick veneer features color and texture variation that will add dimension to the building faces. d) Type and pitch of roofs: The proposed flat roof with parapet and extended parapet walls is typical of traditional commercial buildings in the area and creates visual interest by breaking the monotony with a varied roofline. e) Size and spacing of windows, doors, and other openings: The proposed building has been designed to reflect a traditional commercial building with retail on the ground floor and offices above. The proposed storefront and windows are regularly shaped and spaced and reflect the uses of the interior spaces. The main pedestrian doorway is designed to emphasize the main entry and provide a focal point at the corner of the site. The garage openings minimize the impact of the void by employing an arched doorway with soldier course brick work and planting crawling vines about the opening. f) Landscaping, parking area design, and traffic circulation: The proposed landscaping areas and quantities meet the requirements of the Tustin City Code and will serve to enhance the aesthetics of the property. The site has reconstructed driveways at both EI Camino Real and EI Camino Way to meet current standards and allow for access to the site from two (2) streets; this will also allow for a flow of PC Resolution No. 4116 Design Review 08-009 June 9, 2009 Page 4 traffic through the site and help prevent aback-up situation on-site or in the right-of-way. Traffic safety mirrors and signs will be installed at the EI Camino Real garage entrance to increase visibility for both vehicles exiting the site and pedestrians walking across the driveway. g) Physical relationship of proposed structures to existing structures in the neighborhood: The proposed structure is a stand- alone building located at the entrance to Old Town Tustin, and its form will serve to clearly define that entry. h) Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares: The proposed structure adapts a modern commercial building to a historic commercial district by incorporating a variety of traditional architectural elements and forms. III. The project is determined to be categorically exempt from Section 15303, Class 3 -New Construction or Conversion of Small Structures, of the California Environmental Quality Act. The Class 3 exemption includes, in urbanized areas, up to four commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. IV. The Planning Commission hereby approves Design Review 08-009 authorizing the demolition of an existing 1,757 square foot one-story commercial building and other site improvements, and the development of a 5,331 square foot, two-story commercial building suitable for retail and medical/dental office uses, including associated on-site improvements, located at 740 EI Camino Real, subject to conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 9th day of June, 2009. CHARLES E. PUCKETT Chairperson ELIZABETH A. BINSACK Planning Commission Secretary PC Resolution No. 4116 Design Review 08-009 June 9, 2009 Page 5 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. 4116 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of June, 2009. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4116 DESIGN REVIEW 08-009 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 June 9, 2009, 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 Design Review approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within eighteen (18) months. Conditional Use Permit 07-020 shall become null and void unless permits for the proposed project are issued and substantial construction is underway by September 18, 2009. All time extensions may be considered by the Community Development Director if a written request is received within thirty (30) days prior to the expiration date. (1) 1.4 Approval of Design Review 08-009 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. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). 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 PC Resolution No. 4116 Design Review 08-009 June 9, 2009 Page 2 (1) 1.6 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. USE RESTRICTIONS (***) 2.1 Per CUP 07-020, a dental office is authorized on the subject property. Changes to the use may require further review and approval by the Community Development Director or the Planning Commission. (1) 2.2 The minimum parking requirements, pursuant to the requirements of Tustin City Code Section 9263 (Off-Street Parking Required), shall be permanently maintained and shall remain open and accessible during business hours, (1) 2.3 In the event that the City implements programs and regulations to create a parking 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) 2.4 No outdoor storage is approved in conjunction with the project, except if approved by the Community Development Director. ARCHITECTURE (4) 3.1 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) 3.2 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) 3.3 The applicant shall obtain a permit for future installation of signs on the building. Any sign proposal shall conform to the Tustin Sign Code. In addition, the location, placement, size, number, and sign details shall be PC Resolution No. 4116 Design Review 08-009 June 9, 2009 Page 3 subject to the final discretion and approval by the Community Development Director. (4) 3.4 The exterior treatment of the trash enclosure shall be compatible with the building exterior and shall be planted with crawling vines, subject to review and approval by the Community Development Department. {4) 3.5 Exact details and specifications of the proposed awnings and railings shall be provided on the plans at the time of plan check, subject to review and approval by the Community Development Department. (4) 3.6 The applicant shall be responsible for installing and maintaining traffic safety mirrors, signs, or other safety measures acceptable to the Community Development Director on-site at the EI Camino Real garage entrance to ensure pedestrian safety. LANDSCAPING! HARDSCAPE (4) 4.1 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: ^ A revised site plan as well as include in landscape drawings the installation of decorative pavers at the main building entrance. The color and material shall be compatible and complementary to the building design and paving in the adjacent right-of-way and shall be subject to review and approval of the Community Development Director. • 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 or upon final inspection. ^ Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. ^ All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy candition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. PC Resolution No. 4116 Design Review 08-009 June 9, 2009 Page 4 (4) 4.2 Any walls and fences shall be clearly identified on the plans with specific materials, colors, and decorative treatments, subject to review and approval by the Community Development Department BUILDING PLAN SUBMITTAL (1) 5.1 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 (***) 5.2 The property owner shall prepare a letter stating "A canopy and loading zone shall be provided at the building entrance as required by sections 11058.3.2 # 4 and 11098 of the 2007 CBC if, the building or portion of is occupied by a Medical/Dental office." Said letter shall be recorded in the Orange County Recorder's Office. (**~) 5.3 The applicant shall provide for the undergrounding of all existing and proposed utility distribution facilities within the public right-of-way adjacent to the project, as well as within the project, per Section 8402 of the Tustin City Code. The applicant shall be responsible for the associated costs and arrangement with each public utility. (1) 5.4 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) 5.5 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. (1) 5.6 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) 5.7 A note shall be provided on the final plans stating 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." PC Resolution No. 4116 Design Review 08-009 June 9, 2009 Page 5 (1) 5.8 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 residence. The numerals shall be no less than four (4) inches in height and shall be of contrasting valor to the background to which they are attached and illuminated during hours of darkness; six (6) inches in height for commercial. (1) 5.9 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/ENGINEERING DIVISION (1) 6.1 The applicant shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way, and water easements defined and approved as to specific locations by the City Engineer and/or other agencies. (***) 6.2 Based on the information provided, it is unclear where the existing right-of- way is and what type of property rights the City holds over the existing roadway, curb return, and sidewalk at the southeast corner of EI Camino Real and EI Camino Way. The applicant may be required to grant in Fee Title a portion of EI Camino Way to the City of Tustin, at no cost to the City. If required, the applicant shall submit a legal description and sketch of the area to the Public Works Department for review and approval, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. (1) 6.3 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. (1) 6.4 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 related bonds will not be released until the "as built" CADD files have been submitted. PC Resolution No. 4116 Design Review 08-009 June 9, 2009 Page fi (5) 6.5 Prior to issuance of a building permit(s), the applicant shall provide written approval from the Orange County Sanitation District. (1) 6.6 All projections in the public rights-of-way shall be designed and constructed a minimum of eight (8) feet above the sidewalk grade. (1) 6.7 Prior to any construction of any architectural elements in the public rights- of-way, the property owner shall submit an encroachment permit application, two (2) sets of City of Tustin Community Development & Redevelopment Department approved site plan with exterior elevation plan, and the applicable encroachment permit fees to the Public Works Department for review and permit issuance. (1) 6.8 Prior to issuance of an encroachment permit, the permittee shall submit a certificate of insurance evidencing that a liability insurance policy in the amount of $ 1,000,000.00 (minimum) has been issued, naming the City as an additional named insured, and containing a provision that the policy will not be canceled, coverage materially modified, or limits of liability reduced or changed without such notice to the Public Works Director. The permittee shall maintain insurance for the duration of the encroachment permit. (1) 6.9 The encroachment permit and liability insurance shall be renewed every year by the permittee. (1) 6.10 The applicant shall be responsible for obtaining permission from the respective property owners for any work located on adjacent properties. GRADING AND DRAINAGE (1) 7.1 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) 7.2 Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. (1) 7.3 Prior to issuance of a grading permit, a final grading plan, prepared by a California Registered Civil Engineer, shall be submitted and approved. The plan shall be consistent with the approved site and landscaping plans. (1) 7.4 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). If the WQMP has been determined to be a priority WQMP, it shall identify Best Management Practices (BMPs) that will be used on-site to control and treat predictable pollutant run-off. The Priority WQMP shall identify: the implementation of BMPs, PC Resolution No. 4116 Design Review OS-009 June 9, 2009 Page 7 the assignment of long term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. If the Final WQMP is not approved by the City of Tustin by June 22, 2009, the site will be required to retain the entire first flush volume on site, unless granted a waiver from the Santa Ana Regional Water Baard. (1) 7.5 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 of reviewing the WQMP. (1) 7.6 Prior to issuance of any permits, the applicant shall record an "Agreement Regarding O & M Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification" with the County Clerk-Recorder. These documents shall bind 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. (1) 7.7 Adequate horizontal and vertical intersection sight lines shall be provided at intersections with public streets. In general, a 25' x 25' limited use area triangle provides adequate sight at typical driveways. Additional sight evaluation, however, could be required to satisfy City of Tustin Standard Drawings and Design Standards for Public Works Construction No. 510 for all affected driveways. The sight lines should be shown on the grading plan and landscape plan. All landscaping within the limited use area must comply with City of Tustin Standard Drawings and Design Standards for Public Works Construction No. 510. 5TREET IMPROVEMENT (1) 8.1 The applicant shall design and re-construct the curb ramp at EI Camino Real and EI Camino Way, the driveway on EI Camino Real, and the driveway on EI Camino Way to City of Tustin Public Works standards and current federal Americans with Disability Act (ADA) requirements. Depending on the applicable City standard, an easement on private property for pedestrian access may be required. If this is the case, a legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor, shall be submitted to the Public Works Department for review and approval. (1) 8.2 The applicant shall coordinate the removal and replacement of the existing parkway electrical and irrigation system along EI Camino Real and EI Camino Way with the City of Tustin Field Services Division. The applicant is responsible for the alteration, removal, relocation, or abandonment of all existing electrical and irrigation systems affected by the proposed project. PC Resolution No. 4116 Design Review 08-009 June 9, 2009 Page 8 (1) 8.3 An encroachment permit shall be required for work within the public right- of-way. Prior to issuance of an encroachment permit, the applicant shall submit to the Public Works Department 24" x 36" street improvement plans, as prepared by a California Registered Civil Engineer, The plans shall clearly show existing and proposed surface and underground improvements, including construction and/or replacement of any missing or damaged public improvements adjacent to this development. (1) 8.4 Construction of all public improvements shall be completed before issuance of a Certificate of Occupancy. (1) 8.5 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy. WATER IMPROVEMENT (1) 9.1 An encroachment permit shall be required for work within the public right- of-way. Prior to issuance of an encroachment permit, the applicant shall submit 24" x 36" water improvement plans to the Public Works Department for review and approval. The plans shall be prepared by a California Registered Civil Engineer and shall clearly show existing and proposed water improvements, as well as other topographic features and underground utilities. Plans must follow the latest City of Tustin Water Standards and the American Water Works Association (AWWA) guidelines. In case of a conflict, the City of Tustin Water Standards shall prevail. (1) 9.2 In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. A. If a double check detector assembly (DCDA) is required, an easement for public utility access purposes must be dedicated to the City of Tustin. The easement shall start from the public right-of- way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. B. If a building sprinkler system is required by the Orange County Fire Authority (OCFA), the applicant shall be required to provide a backflow prevention device at his or her expense to prevent cross contamination with the public water system. C. If the applicant proposes to use an irrigation system, then a separate water meter may be required. If this is the case, a reduced pressure principle assembly (RPPA) shall be required to prevent cross-connection with the public water system. PC Resolution No. 4116 Design Review 08-009 June 9, 2009 Page 9 (1) 9.3 Any easements for construction and maintenance of public facilities within private property shall be reviewed and approved by the Public Works Department prior to recordation. Any required legal description and sketch of the area shall be prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. (1) 9.4 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing public water facilities affected by the proposed development project. (1) 9.5 A written release/approval from East Orange County Water District (EOCWD) shall be provided to the City of Tustin Water Services Division prior to receiving water service from the City of Tustin. The applicant shall submit a water permit application to EOCWD, and is responsible for all application, connection and other EOCWD fees. (1) 9.6 The adequacy of a proposed water system plan for a proposed development project, including the number, size and distribution of fire hydrants, must be reviewed by the Orange County Fire Authority (OCFA). Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. (5) 9.7 Proposed water system plans must conform to all applicable regulations enforced by the Orange County Health Department. SOLID WASTE RECYCLING (1) 10.1 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 al) to recycle at least 50 percent of the project waste material. (1) 10.2 The applicant will be required to submit a $50.00 application fee and a cash security 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 five percent of the project's valuation. (1) 10.3 Prior to issuance of grading and building 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) 10.4 Facility Solid Waste Collection and Recycling Plan: The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling program. PC Resolution No. 4116 Design Review 08-009 June 9, 2009 Page 10 POLICE DEPARTMENT (4) 11.1 All tanks associated with the dental office use shall be placed in a highly secured location and outfitted with significant anti-theft devices more secure than padlocks and chains. The location and anti-theft devices shall be identified on the construction plans. (4) 11.2 Any precious metals associated with the dental office use shall be stored in a highly secured environment such as a high quality safe bolted to the floor. The location and anti-theft devices shall be identified on the construction plans. (4) 11.3 The trash enclosures shall be secured in such a manner as to prevent theft of the materials. The anti-theft devices shall be identified on the construction plans. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 12.1 Fire Access RoadsJFire Master Plan: Prior to the issuance of any building permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads within 150 feet of all portions of the exterior of the proposed 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) 12.2 Fire Lane Markings 1) Prior to the issuance of any building permits, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbs and signage and include detail of the proposed signage including the height, stroke, and colors of the lettering and its contrasting background. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access Roadways and Fire Lane Requirements." 2) Prior to the issuance of any certificate of occupancy, the fire lanes shall be installed in accordance with the approved fire master plan. The CC&Rs or other approved documents shall contain a fire lane map, provisions prohibiting parking in the fire lanes and a method of enforcement. (5) 12.3 Hazardous Materials: Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief a list of all hazardous, flammable and combustible liquids, solids or gases to be stored, uses or handled on PC Resolution No. 4116 Design Review 08-009 June 9, 2009 Page 11 site. If any medical gas will be utilized in the building a plan shall be submitted to the OFCA for review and approval. All materials shall be classified according to the Uniform Fire Code and a document submitted to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Completing Chemical Classification Packets." FEES (1)(5) 13.1 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) Grading plan check and permit fees to the Community Development Department. c) Orange Gounty Fire Authority plan check and inspection 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) based upon the most current schedule, 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. 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) 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 PC Resolution No. 4116 Design Review 08-009 June 9, 2009 Page 12 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.