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HomeMy WebLinkAboutPC RES 4194A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 2011-006 TO AUTHORIZE THE DEVELOPMENT OF A 3,291 SQUARE FOOT COMMERCIAL BUILDING LOCATED AT 195 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 2011-006 was submitted by Nathan Menard, architect, representative for Guillermo Del Rio, property owner, requesting authorization to construct a commercial building (retail coffee shop, jewelry store and associated office) at 195 El Camino Real (APN 401-583-09); B. That the site is located in the Central Commercial District (C-2), Cultural Resources District (CR), and the Combining Parking District (P) and is consistent with the development standards of those districts; 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 also been determined to be consistent with the Air Quality Sub-element; D. That the proposed project provides only three onsite parking spaces but has been found to be consistent with Ordinance No. 1416 which allows all or a portion of a project's required on-site parking spaces to be met through the payment of an annual fee intended to compensate the City for the proportional use and maintenance of public parking based upon the Planning Commission's determination that the project meets the following findings: • The proposed project is an infill project located within the commercial district of Old Town. • The proposed project is considered to be relatively small. • The proposed project has incorporated building or site design enhancements that make it an outstanding addition to Old Town Tustin. • The proposed project provides some onsite parking, but is aesthetically superior to one that provided all required parking on site. Resolution 4194 Design Review 2011-006 Page 2 • The project applicant is conditioned to pay an annual fee for each public space not provided on site. E. That Design Review 2011-006 was noticed, and considered, on March 27, 2012, by the Planning Commission; F That 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. G. That 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 intersection of El Camino Real and Second Street. The proposed building massing, orientation, and architecture will serve to enhance the subject site and augment the commercial district. 2. The proposed structures and associated improvements are harmonious with the highest standards of improvements in the surrounding area and total community. 3. The Successor Agency to the Tustin Community Redevelopment Agency and the City's Public Works Department, Police Department, and Building Division have reviewed and support the development of 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 Resolution 4194 Design Review 2011-006 Page 3 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 El Camino Real and Second Street. b. Setbacks and site planning: The site design capitalizes upon the corner and El 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, and trash enclosure away from the more-visible and more-traveled El Camino Real. c. Exterior materials and colors: The proposed materials (brick, stucco, metal, glass, 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 fagade. 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 eliminating 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 emphasize and attract one to the uses of the interior spaces. The main pedestrian doorway is designed to emphasize an inviting main entry and provide a focal point at the corner of the site and street intersection. 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 will reconstruct driveways and sidewalks at Second Street to meet the requirements of the Public Works Department and allow for improved access to the site; vehicular access to the site is proposed off of Second Street ensuring that building massing may be focused at the intersection of El Camino Real and Second Street, and to facilitate traffic circulation, Resolution 4194 Design Review 2011-006 Page 4 prevent any potential back-up situation along the busier El Camino Real. g. Physical relationship of proposed structures to existing structures in the neighborhood: The proposed structure is a stand-alone building that has designed with a massing and form that enables it to seamlessly blend into and enhance the existing Old Town built environment. 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. STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4194 was passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8 th day of May, 2012. - ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A DESIGN REVIEW 2011-006 RESOLUTION NO. 4194 CONDITIONS • - --• GENERAL 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 May 8, 2012, 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. 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. 3. The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months. All time extensions may be considered if a written request is received within thirty (30) days prior to the expiration date. 4. Approval of Design Review 2011-006 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. 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. Resolution 4194 Design Review 2011-006 Page 2 6. Prior to the issuance of a building permit, the applicant shall seek approval from the Orange County Sanitation District for encroachment of the trash enclosure into the existing sewer easement. The applicant shall redesign plans to modify the trash enclosure as required by the City's Engineering Division and the Orange County Sanitation District. 7. That prior to the issuance of a Building Permit, the applicant shall comply with Ordinance No. 1416 by executing and recording an agreement requiring the payment of an annual fee per space not provided on site that would compensate the City for the project's proportional use of public street and lot parking spaces. 8. At the time of building permit application, the plans shall comply with the latest edition of the codes (2010 Building Codes, 2011 Green Building Code), City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. PUBLIC WORKS/ ENGINEERING DIVISION 9. Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Non-Priority 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. 10. Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Re-garding 0 & M Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification", with the County Clerk-Recorder. This document 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. 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. 11. Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. 12. Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. Resolution 4194 Design Review 2011-006 Page 3 13. The proposed awnings and canopy along El Camino Real shall be reviewed by the City of Tustin: a. All projecting awnings or canopy in the public rights-of-way shall be designed and constructed a minimum of seven (7) feet above the sidewalk grade. b. Prior to any construction of awnings or canopy in the public rights-of-way, the property owner shall submit an encroachment permit application, two (2) sets of City of Tustin approved site plan with exterior elevation plan, and the applicable encroachment permit fees to the Public Works Department for review and permit issuance. c. 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 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. I d. The encroachment permit and liability insurance shall be renewed every NINE I II year by the permittee. 14. The applicant shall design and construct a concrete public sidewalk along Second Street from the existing brick pavers at the El Camino Real/ Second Street ramp to the easterly project property line. The new sidewalk shall match the existing sidewalk along Second Street. Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the driveway and sidewalks adjacent to the site. The City of Tustin standards shall apply, unless otherwise approved by the City Engineer. 15. The applicant shall coordinate the relocation of an existing Southern California Edison (SCE) air release vent with SCE. The applicant shall be responsible for all costs associated with the relocation of the SCE air release vent. 16. Prior to issuance of a grading permit, the applicant shall obtain approval of the design for all construction within the public right-of-way (along El Camino Real, and along Second Street). These improvements shall be completed prior to issuance of Certificate of Occupancy. A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer shall be prepared. Said plan shall include, but not be limited to, the following: Resolution 4194 Design Review 2011-006 Page 4 a) Curb and gutter d) Domestic water facilities b) Sidewalk, including curb ramps e) Sanitary sewer facilities for the physically disabled f) Landscape /irrigation c) Drive aprons g) Underground utility connections 17. The water improvement plans 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. 18. In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, may be required 19. The applicant shall design and construct a trash enclosure that will accommodate two (2) - 4 yard bins that can be safely and easily accessed by the users, with at least one (1) bin reserved for recyclable materials. 20. 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 is required. If this is the case, a reduced pressure principle assembly (RPPA) shall be required to prevent cross-connection with the public water system. 21.Any easements for construction and maintenance of public water facilities within private property shall be reviewed and approved by the Public Works Department prior to recordation with the Orange County Clerk-Recorder. 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. Resolution 4194 Design Review 2011-006 Page 5 22. The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing City of Tustin public water facilities affected by the proposed project. 23. The applicant shall obtain a written release/approval from the East Orange County Water District (EOCWD) 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. 24. The proposed domestic water system plans shall conform to all applicable regulations enforced by the Orange County Health Department. 25. Any damage done to existing public street improvements and utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy. The applicant shall replace in kind all brick pavers damaged in the public right-of-way caused by the construction of the project. 26. Construction and Demolition Waste Recycling and Reduction Plan (WRRP) A. The applicant/contractor is required to submit a 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% of the project waste material. B. 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 5% of the project's valuation. C. Prior to issuance of any 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". 27. Payment Prior to issuance of a Building Permit(s), payment of the most current Major Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City of Tustin (through the Public Works Department) shall be required. 28. Prior to issuance of a Building Permit the applicant shall provide written approval from the Orange County Sanitation District (OCSD). Resolution 4194 Design Review 2011-006 Page 6 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 29.An encroachment permit from the Public Works Department is necessary for the extension of any awning or other building element over a property line 30. Any trellis proposed at the site shall be constructed of metal. ARCHITECTURE 31.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. 32.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. 33.All exterior on-site light fixtures shall consist of decorative fixtures compatible with the Old Town theme and architecture of the building. Colored cut-sheets shall be submitted for review and approval. All light fixtures shall be subject to review and approval of the Community Development Director. 34. The applicant shall obtain a permit for future installation of signs on the building. Any sign proposal shall conform to Section 9401 of the Tustin Sign Regulations. In addition, the location, placement, size, number, and sign details shall be subject to the discretion of and approval by the Community Development Director. 35. The trash enclosure design details shall be reviewed and approved by the City's Planning Division, Public Works Department, and the Orange County Sanitation District (for any encroachment onto the sewer easement). 36. Prior to the issuance of building permits, the applicant shall ensure: 37. The final treatment/details of all building elevations (e.g. details around the windows or additional brickwork) and architectural plan details shall be subject to review and approval by the Community Development Department. Resolution 4194 Design Review 2011-006 Page 7 I IWA k I 38. 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: ■ Several small specimen trees shall be planted in the landscape planter along the easterly property line. Planting size, number, and type shall be subject to review and approval by the Community Development Director. ■ All landscaping must be irrigated and maintained in perpetuity for the lifetime of the project. Final planting size, number, and type for the plant materials along the south property line shall be subject to review and approval by the Community Development Director. ■ Include a summary table identifying plant materials. The plant table shall list botanical and common names, sizes, spacing, location, size and quantity of the plant materials proposed. Planters should not include grass, but shrubs, groundcover and trees. Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. ■ 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. ■ 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 condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. 39.0n-site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments. Resolution 4194 Design Review 2011-006 Page 8 USE RESTRICTIONS 40. 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. 41. No outdoor storage is permitted, except as approved by the Tustin Community Development Director. 42. The applicant or responsible party shall submit proposed construction plans to the Orange County Fire Authority for review. Approval shall be obtained on each plan prior to construction. 43. Prior to issuance of a building permit, a Fire Master Plan shall be approved to the satisfaction of the Orange County Fire Authority. FEES 1 44. Prior to the issuance of any building permits, payment shall be made for all applicablem fees, including but not limited to, those listed below. Payment shall be required based,," I 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) Orange County Fire Authority plan check and inspection fees to the Community Development Department. c) Private improvement plan check and permit 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. Transportation System Improvement Program (TSIP), Benefit Area "A" fees per square foot of new or added gross square floor area of construction or improvements to the Community Development Department. Resolution 4194 Design Review 2011-006 Page 9 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) Applicable parking fees as required by Ordinance No 1416. j) 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.