Loading...
HomeMy WebLinkAbout02 Resolution No. 4151ITEM #2 TU S T I N ,~t~~ ,, , ~~,ter-~~~ ~ ~ ~# ~, .~.>, ~, :~,~~ a~=r3"' DATE: AUGUST 10, 2010 ,; ~ tfis~oxv TO: PLANNING COMMISSION sUILDI1VCouRFuTURE HONORING OUR PAST FROM: B TH A. BINSACK, COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: RESOLUTION APPROVING DESIGN REVIEW 10-015 On July 27, 2010, the Planning Commission considered Design Review 10-015, a request by Mr. Arnold Surfas to modify the building exterior by applying stucco on the unimproved/unfinished west wall of an existing commercial building located at 145 West First Street. At that meeting, the Planning Commission directed staff to prepare a resolution for approval of the request. Attached to this memo is Resolution No. 4151 approving Design Review 10-015. S:\Cdd\PCREPORT12010\Resolution No. 10-015.doc RESOLUTION NO. 4151 A RESOLUTION OF THE PLANNING COMMISSION APPROVING DESIGN REVIEW 10-015, A REQUEST TO MODIFY THE BUILDING EXTERIOR BY APPLYING STUCCO ON THE UNFINISHED WEST WALL OF AN EXISTING COMMERCIAL BUILDING LOCATED AT 145 WEST FIRST STREET. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application was filed by Arnold H. Surfas requesting to modify the building exterior by applying stucco on the unfinished west wall to match the north and east exterior walls of an existing commercial building located at 145 W. First Street. B. That the site is designated as Planned Community Commercial/Business by the City General Plan and is zoned First Street Specific Plan (SP-10). Pursuant to Tustin City Code (TCC) Sections 9272, exterior alterations to building design are subject to design review. C. The project is consistent with the Tustin General Plan goals and policies related to commercial land use in that the site wilt remain as commercial retail and office uses. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. D. That after review of the application, staff recommended that the Planning Commission deny the proposed project for the following reasons: 1. The west wall where the stucco would be applied is highly visible. 2. The applicant indicated that once the adjacent properly at 155 W. 1St Street is improved, there will be no or little view from 1St Street; however, there is no guarantee that the adjacent development will be built in the future. 3. The proposed stucco does not match or wrap around the existing siding on the front of the building (south elevation). 4. The application of stucco material to the side wall would give the cut-off appearance and disengage the overall Victorian Mercantile architectural design in which the Design Review approved in 1998 intended to achieve. 5. Allowing the stucco wall without any embellishment or architectural elements connecting the two walls (south/front and west/side) would disconnect the overall building design. 6. The City has required all new and improved buildings to address four- sided architecture and materials in keeping with Tustin high quality architectural standards and objectives. Resolution No. 4151 Page 2 7. Other buildings along First Street are designed with consistent and continuous exterior (wrap around) architectural design. E. That a public meeting was duly held on said application on July 27, 2010, by the Planning Commission. F. That after visiting the site and at the July 27, 2010, public meeting after testimony by the applicant and staff, the Planning Commission directed staff to prepare a resolution for approval of the request. G. That the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed project 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 Planning Commission has considered at least the following items: Setbacks and site planning. The west wall on which the exterior stucco material will be applied is an existing unimproved and unfinished wall with exposed beams. The unfinished west wall is only a portion of the west elevation of the existing building and is approximately twenty-three (23) linear feet. 2. Exterior materials and colors. The application of stucco to the west exterior wall would match the existing flat stucco on the north, east, and remaining west elevations. The painting of the entire building would improve the overall appearance of the existing building. 3. Physical relationship of proposed structures to existing structures in the neighborhood. Although the west wall will be visible with or without the proposed adjacent development at 155 W. 1St Street, the stucco wall will be made consistent with the existing stucco on the northerly west wall. 4. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The proposed stucco on the unfinished west wall would be compatible and complementary to the surrounding existing structures in that other nearby structures have stucco and finishes incorporated into the architecture. H. That this project is Categorically Exempt pursuant to Section 15301 (Class 1) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Design Review 10-015, a request to modify the building exterior by applying stucco on the unfinished west wall of an existing commercial building located at 145 West First Street, subject to the conditions contained within Exhibit A, attached hereto. Resolution No. 4151 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 10th day of August, 2010. JEFF THOMPSON Chair Pro tem ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4151 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of August, 2010. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4151 DESIGN REVIEW 10-015 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The approval of the project comprises the application of stucco to the west exterior wall to match the existing flat stucco on the north, east, and remaining west wall elevations and repainting of the entire building. In addition, the applicant shall either 1) remove all unpermitted structures including, but not limited to two (2) patio structures located along the west property line, or 2) submit plans to demonstrate compliance with 2007 California Building Code Sections 704 and 1406 for review and approval by the City and perform corrective action. (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 permit(s) for the proposed project are issued within 30 days of the adoption of Resolution No. 4151 and construction is completed within 30 days from permit issuance. (1) 1.4 Adoption Resolution No. 4151 serves as apre-citation notice to inform the applicant of the compliance requirements pursuant to the Tustin City Code (TCC) and/or other applicable codes, laws, and conditions. Failure to comply with the conditions contained in this Exhibit within the time specified would result in the issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.5 The applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. Exhibit A Resolution No. 4151 Page 2 PLAN SUBMITTAL (1) 2.1 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 , 2007 California Electrical Code (CEC), California Title 24 Accessibility Regulations, City Ordinances, and State and Federal laws and regulations. (1) 2.2 Any public improvements damaged by the applicant adjacent to this project shall be repaired and/or replaced by the applicant as determined by the Engineering Division and shall include, but not be limited to, curb, gutter, street paving, and drive apron. FEES (1) 3.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payments shall be required based upon those rates in effect at the time of payment and are subject to change: • Building and Planning plan check and permit fees • Orange County Fire Authority fees. (1, 5) 3.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.