Loading...
HomeMy WebLinkAboutPC RES 35463 4 5 6 7 $ 9 I0 1I 12 13 I4 15 16 17 18 19 20 2I 22 2.3 2~ 25 26 27 RESOLUTION NO. 3546 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN,.APPROVING CONDITIONAL USE PERMIT 97-006 AND DESIGN REVIEW 97-011 AUTHORIZING THE ADDITION OF 1,845 SQUARE FEET TO 339 EL CAMINO REAL, DESIGNATION OF MORE THAN 50 PERCENT OF THE TOTAL FLOOR AREA AT 339 EL CAMINO REAL FOR OFFICE USE,. AND ALTERATION OF THE EXISTING EXTERIOR FACADES OF 333 AND 339 EL CAMINO REAL The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: ae That proper applications, Conditional Use Permit 97-006 and Design Review 97-011, were filed, by Richard Rengel to add 1,845.square feet to 333 E1 Camino Real, designate more than 50 percent of' the square footage at 339 E1 Camino Real for office, and alter the facades of 333 and 339 E1 Camino Real, more specifically described as Assessor's Parcel NOS.40t-585-03 and 401-585-04. B. That the designation of more than 50 percent of the' total fldor area for office use is allowed with the approval of a Conditional Use Permit. Ce That a 'public hearing was duly called, noticed and held on said 'application on September .22, 1997, by the Planning Commission' D. The subject property is located within the Town Center Redevelopment Project Area. Pur- suant to Ci.ty Code Section 9299b, the Zoning Administrator has forwarded action on Design Review 97-011 to the Planning Commission for consideration. E · -F. As'conditioned, the subject project has been found consistent with the Town Center -Redevelopment Project Area Plan. That. the establishment, maintenance, and operation of the proposed project will not, under the circumstances of this application, be d~trimental to the health, .safety, morals, comfort, or general welfare .of persons residing or working, in the 'neighborhood of such proposed signs, nor be injurious or 1 3 4 5 6 7 8 9 I0 I1 12 I3 14 15 I6 17 I8 I9 20 2I 24 25 26 27 Resolution No. 3546 Page 2 detrimental to the property and improvements in the neighborhood of the subject property, or to the ,general welfare of the City of Tus'tin, as evidenced by the following findings: 1) The proposed use, as conditioned, will not be detrimental to, or have a negative effect on, surrounding property owners in that the proposed use is compatible with, and similar to, other uses in the area and sufficient parking will be provided. 2) The proposed use, as conditioned, is compatible with uses in the surrounding area in that-the project site is located within the commercial area of' the Cultural Resource Overlay District where a variety of retail' and office uses have been established. 3) 4) The proposed construction of 1,335 square, feet of second floor area to be designated for office use is more compatible with surrounding' uses in the area than permitted retail commercial uses on the subject property in that expanding an established, and successful office use on the second floor requires less parking thereby assisting in the retention of the existing development pattern of the area. As conditioned', the proposed project conforms to the Municipal Code, will not adversely affect the character of the district or any Designated Cultural Resources. within the district, an'd is harmonious in terms of materials,.scale, size, height, placement and use with other buildings and uses in the surrounding area. The proposed alterations will complement compatibility of the building with the streetscape along El' Camino Re'al in terms of height, massing, scale, materials, and design. 1 2 3 4 5 6 7 8 , 10 11 12 13 14 15 I6 17 I8 19 2O 21 23 24 25 26 27 28 Resolution No. 3546 Page 3 G. Pursuant to Section 9272 of the Tustin Municipal Code, the ~ommission finds that the lo~ation, 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 Commission has considered at least the following items: .. 1) Height, bulk and area of buildings. 2) Setbacks and site plann%ng. 3) Landscaping, parking area design and traffic circulation. Location, height and standards of exterior illumination. 5) 6) Location and method 'of refuse storage. Physical relationship 'of proposed improvements to existing structures in the neighborhood. 7) 8) ~ppearance and design relationship of proposed improvements, to existing structures and possible future structures in- the neighborhood and public thoroughfares. Development. Guidelines and criteria as adopted by the City Council. H. That 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. The Planning Commission hereby approves Conditional Use Permit 97-006 and Design Review 97-011 to designate mole than 50 percent of the total floor area at 339 E1 Camino Real for office use, add 1,845 ~quare feet to 339 E1 Camino Real, and alter the existing exterior facades of 333 and 339 E1 Camino Real'; subject to the 'conditions contained in Exhibit A, attached hereto. I $ 5 7 8 9' I0 II 12 13 16 17 I8 I9 20 2I 2~ 27 Resolution No. 3546 Page 4 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 22nd day of . September, 1997. Planning ·Commission Secretary HOWARD ~.? MITZMAN Chairman STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify tha~· I am'the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3546 was duly passed and adopted at ~ regular meeting of the Tustin Planning Commis~on the 22nd day of September, 1997. ~LIZABETH ~. BrNSACK~z~ Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 97-006 AND DESIGN REVIEW 97-011 CONDITIONS OF A~PROVAL RESOLUTION NO. '3546 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted' plans for the project date stamped September 22, 1997, 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. (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 project approval shall become' null and void unless permits are issued within twelve (12) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 97-006 and Design Review 97-011 .is contingent upon the property owner signing and returning an "Agreement to Conditions Imposed" form as established by .the Director .of Community Development. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. 'SOURCE CODES (1) STANDARD CONDITION (3) UNIFORM BUILDING CODE (5) RESPONSIBLE AGENCY (7) PC/C POLICY *** EXCEPTION (2) CEQA MITIGATION · (4) DESIGN REVIEW (6)LANDSCAPING GUIDELINES Exhibit A Resolution No. 3546 Page 2 PLAN SUBMITTAL (1) 2.1 Prior to the issuance of building permits, a Final Parcel Map will be required to merge the parcels in accordance with Tustin City Code Section 9326A and Subdivision Map Act Sections 66499.201/2 and 66499.203/4. (1) 2.2 The existing roof of 333 E1 Camino Real shall be retained in its present configuration. Revised plans shall be submitted for review and approval by the Community Development Director. Related minor modifications that are required for the proposed roof design of the adjoining building at 339 E1 Camino Real may be approved during building plan check by the Community Development Director. (1) 2.3 A Certificate of Appropriateness to be issued by the Community Development Director will be required prior to issuance .of building permits for the .final design plans. (1) 2.4 When submitting for a building permit, submit four sets of. plans, two sets of structural and energy calculations, specifications and reports. Structural, electrical, mechanical and plumbing plans shall be included. (1) 2.5 At plan check, indicate on the title sheet the applicable codes, City Ordinances and the state and federal laws and regulations to include: 1994 Uniform Building Code with California Amendments 1994 Uniform Mechanical Code With California Amendments 1994 Uniform Plumbing Code with California Amendments 1993 National Electrical Code with California Amendments T-24 California Disabled Access Regulations T-24 California ·Energy Efficiency Standards City of Tustin Grading Ordinance City of Tustin Landscape and Irrigation Guidelines City of ~ustin Private Improvement Standards City of Tustin Security Ordinance ~ Exhibit A Resolution No. 3546 Page 3 (1) 2.6 At building plan check, a completed hazardous material questionnaire and air quality questionnaire shall be submitted to the Building Division and the proper agencies. If the answer to any of the questions is "yes", please, provide a note on plans that: "Clearances from Hazardous Material Disclosure Office and from Air 'Quality Management District shall be submitted to the Building Division prior to final inspection." (1) 2.7 The tenant space, entrances and exits, path of travel, and sanitary facilities shall be accessible to persons with disabilities. (1). 2.8 Any new additions and alterations shall not negatively impact the seismic safety of the structures. The creation of the proposed opening from 333 to 339 E1 Camino Real shall be designed to ensure seismic safety. The new work shall comply with'any revisions made to'the Uniform Building Code. (1) 2.9 Prior to issuance of building permits, plans and details of the decorative materials (i.e., bricking, colored/textured concrete, etc.) that will be used to define the rear entrance area between the building and the parking spaces shall'be submitted for review and approval by the Director of Community Development. (1) 2.10 The rear roll-up garage door at 339 E1 Camin0 Real' shall complement the Spanish Colonial Revival style of the proposed facade alternations and shall be subject to review ahd approval of the Community Development Director. (1) 2.11 The color of the window awnings at 333 and 339 E1 Camino Real shall be subject to review and approval by the Director of Community Development. (1) 2.12 Any parapet designed to screen rooftop mechanical equipment shall be at least six inches (6") above the equipment for purposes of screening. Exhibit A Resolution No. 3546 Page 4 (1) 2.13 No exterior downspouts shall be permitted on any facade of the building which are visible from adjacent streets or residential/commercial areas. (.1) 2.14 Roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. (1) '2.15 Enclosure of electric and ga~ meters must be compatible with the building treatment. (1) 2.16 Ail exposed metal flashing or trim shall be anodized or painted compatible with' main buildings. USE RESTRICTIONS (1) 3.1 The number and configuration of parking spaces granted under Variance 86-8 for 333 E1 Camino Real shall be incorporated into this project. Variance 86-8 approved a. total of nine (9) parking spaces including four. (4) tandem' on-site parking spaces at 333 E1 Camino Real and five (5) off-site parking spaces at the Downtown Parking Structure. (1) 3.2-A total of eleven (11) spaces shall be provided .for 339 E1 Camino Real including four (4) tandem on-site parking spaces and seven (7) at the Downtown Parking Structure. Prior to issuance of building permits, the applicant shall enter into a Parking Agreement with the Redevelopment Agency for a total of seven (7) spaces at the Downtown Parking Structure. (1) 3.3 Prior to the issuance of building permits, the applicant.shall post a bond with the City and record a..covenant to provide for the future installation of the underground utilities. (2) 3.4 If, at any time in the future, the City is made aware and concurs that a parking problem exists at the subject .site as a result of insufficient' on-site parking availability, then the Community Development and Public Works Departments may require the property owner to submit a parking demand analysis, at ho.expense to the City,' within the time Exhibit A Resolution No. 3546 Page 5 schedule stipulated by the City. If said study indicates that there is inadequate parking or a traffic problem, the property owner shall be required to provide additional mitigation measures to be reviewed and approved by the Community Development and Public Works Departments. Said mitigation may include, but not be limited to, the following' a. Establish alternate hours of operation. b. Reduce the demand for parking. C. Provide additional parking as needed, up to minimum number required for the uses consistent with the Zoning Code. standards, by purchase and/or lease of property within 500 feet of the property or provision of the needed parking on site. The securing of off-site parking would require approval, by the Community Development Director.. Failure to adequately respond to such a request and to implement mitigation measures within the time schedules established, shall be grounds for initiation of revocation procedures for Conditional Use Permit' 97~006 and Design Review 97-011. NOISE (5) 4.1 Ail. construction operations including engine warm. up, delivery and loading/unloading of equipment and.materials shall.be subject to the provisions of the City 6f T~stin Noise Ordinance, as amended, and may take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday and 9:00 a.m. until 5:00 p.m. on Saturday unless the Building Official determines that said activity will be in substantial.conformance with the Noise Ordinance and the public health and safety will not' be impaired subject to'application being made at the time the permit for the work is awarded or during progress of the work. (5) .4.2 Construction hours shall be clearly posted on the project site to the satisfaction of'the Building Official. Exhibit A Resolution No. 3546 Page 6 FEES (1) 5.1 Prior to the issuance of any building permits~ payment shall be made of all Building plan check and permit fees in excess of the first $85,000 in valuation to the Community Development Department, consistent with the City's Old Town Non-Residential Fee Waiver Policy. (1) 5'2 The following fees are specifically not exempt from payment under the aforementioned policy and must be paid prior to issuance of any building permits. Payment shall be required based upon those rates in effect' at the time .of payment and are subject to change. a.. New development fees' in the amount of $.10 per square foot of new floor area to the Community Development Department. (Note: This fee applies only to the new floor area added to the existing building and that portion of the new floor area attributable to valuation in excess of $85,000.) b. Payment of the major thoroughfare and bridge fees for the new additional square footage of the building will be required at the time a'building permit is issued. The current fee is $2.90 per Square foot. (Note: This fee applies onl~ to the new. floor area added to the existing building.) C · School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. d. Orange County Fire'Authority plan check and inspection fees. - e . Transportation System Improvement Program Benefit Area "A" fees in the 'amount of $5.53 per square foot of added floor area. Exhibit A Resolution No. 3546 Page 7 (1) 5.3 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 $38.00 (thirty eight dollars) 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 lengfhened.