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HomeMy WebLinkAbout02 CUP 2012-06 & DR 2012-002, 125 W. MainAGENDA REPORT MEETII\IG DATE: JUNE 12, 2012 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT ITEM # 2 SUBJECT: DESIGN REVIEW 2012 -002 AND CO�NDITOINAL USE PERN IT 2012 -06 FOR A NEW MIXED USE BUILDING AT 125 W. MAIN STREET u AI��1 -�I �A�1To PROPERTY OWNER: LOo CATI0II`]o CHRIS MILLER PMR CONSTRUCTION 125 W. MAIN STREET TUSTIN, CA 92730 P.J. JAHANGIRI PMR CONSTRUCTION 125 W. MAIN STREE T TUSTI�I, CA 273O 1251,A]. MAIN STREET RI E c UCH -To A REQUEST TO DEMOLISH AN EXISTING BUILDING AND CONSTRUCT A NEW MIXED USE [BUILDING CONSISTING OF RESTAURANT /RETAIL, OFFICE AND RESIDENTIAL USES AND INCLUDES A PROPOSAL FOR JOINT USE PARKING EXCEPTIONS AI�]D FOR THE SAME OF ALCOHOLIC BEVERAGES ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE CAL9 FOR[�IIA ENVIRONMENTAL QUALITY ACT (CE A) SECTION 15332, CLASS 32 PC Repor� Juns- 12, 2012 DR 2012 -002 and CUP 2012 -06 Page 2 ,-TsC'OrifllMENUz,=L OC No That the Planning Commission adopt Resolution ?lo. 4197, recommending that the City Council approve Design Review (DR) 2012 -002 and Conditional Use Permit (CUP) 2012-06 '�o authorize the construction of a mixed -use development (restaurant, office and residential), joint use parking among the proposed uses, the sales of alcoholic beverages in conjunction with a restaurant use and parking exception for the project at 125 W. Main Street. APPROVAL AUTHORITY: The property is located within the Central Commercial (C -2), the Combining (Parking (P and Cultural Resources (CR) Zoning Districts. The General Plan designation is Old To1xn Commercial, which allows for retail, 'professional office, and service - oriented business activities to serve Old Town and surrounding areas. Pursuant to the Tustin City Code, the proposed project requires approval of the following entitlements by the City Council a recommendation by the Planning Commission: 1) Design Review e pursuant to Tustin City Code Section 9272, a Design ;Review is required for site planning and design. according to Tustin City Code Section 9272, the Planning Commission is authorized to review and act on Design Review applications; however, because the Conditional Use Permit requires City Council approval, the Planning Commission is !being asked) to provide recommendations to the City Council for Design Review 2012 -002 and Conditional Use Permit 2012 -06. In addition, according to Tustin City Code Sections 9252j1, the City Council may establish design criteria and standards through issuance of a Cerlificate of Appropriateness on a case -by -case basis, �Tr projects located the Cultural Resources Overlay District.Therefore, the Design Review will rewire City Council approval, following a recommendation by the Planning Commission. 2) Conditional Use Permit e pursuant to Tustin City Code Section 9252j3, a Conditional Use Permit is required to permit non - listed use such as a mixed -use development (restaurant, offices, and residential). Further, the proposal includes a request for the sale of alcoholic beverages in conjunction with a proposed restaurant use and joint use parking. Tustin City Code Section 9233c1 (Uses Conditionally Permitted in TCC 9232b3) al mAjs alcoholic beverage sales establishments subject to the provision set foTih in Section 9271dd and Tustin City Code Section 9264a allows for parking facilities to be used jointly subject to the approval of a Conditional Use Permit. 3) Parking ExcepUon e Pursuant to TCC 93252J3(d) (Ordinance No. 1415), on -site parking requirements may be modified under one or a combination of provisions as set forth in the City Cole. Specifically, development proposed within both the Central Commercial District (C -2) and the Old Town Commercial General Plan land) use designation (the commercial portion of Old Town Tustin), may satisfy all or a portion of the required number of on -site parking spaces through the payment of a PC Re-port June 12, 2012 DR 2012 -002 and CUP 2012 -05 Page 3 uee, in an arnount determined by a Fee FResolution upon a determination of the Tustin Planning Commission that the proposed project maso -'s the follmi, \ling findings: • The proposed project is an infill project located AiNMhin the commercial distriot of Old To�ji>n. • That the proposed projec� is considered to be relatively small. • That the proposed project has incorporated building or site design enhancements that make it an outstanding addition to Old Town Tustin. • That the proposed project provides some onsKe parking, but is aesthetically superior to one that provided all required parking on site. • That the project applicant shall agree to pay an annual fee for each public space not provided on site. • Other findings that may be adop'led from time by the City Council. BACKGROUNUm Project Site and Surrounding Uses The project site at 125 VV. Main Street consists of two parcels (A Lot Line Adjustment to combine the two lots is being processed by the En&asrirgJPublic YNOTks (Department) which front along Ails do Street and abuts an alley in the rear (YL\tsachment A — Location Map). The existing �vAiarshouse building was b0K in 1946 and ��Jas previously utilized as an automobile repair and parts sales shop which was established in 1959. However, the use ceased and the buEding has been vacant for the past several years. The surrounding uses include retail uses to the north and ease of the site, offioe and Church uses to the �jAies'l, and commercial and restaurant uses to the south across Main Street. 1, G PRO17C- S {TF Old Town Tustin is an area centered around a group of historic buildings located on Main Street and El Camino Real which date back to the 1880s. Among the early businesses and structures in Tustin were a !blacksmith shop, a combined grocery storeimeat market, a business and feed store !building, churches and school buildings. Throughout the history of Tustin, buildings have been reused and rebuilt. Several older buildings have been replaced with nevier, more functional buildings vwhich provide a much needed commercial opportunity and are more economically vibrant for the Old ToAiAjn ,area. PC Report June 12, 2012 DR 2012 -002 and CUP 2012 -06 Page 4 juice co For example, the former Utt Juice Company building was replaced by the mixed -use commercial, office and residential uses of Prospect Village at the corner of Main Street and Prospect Avenue. The new buildings have provided the opportunity for multi -level uses while encouraging walking and shopping in the Old Town Area. DISCUSSION: PROPOSAL The applicant, Chris Miller of PMR Construction, is proposing to replace the existing warehouse building which has been vacant for several years and was previously used as a machine shop and auto parts retail store with a new three -story mixed use building. The building is proposed to be situated fronting W. Main Street with restaurant and retail uses at the first level, office uses on the second level, and two residential units at the third level. The first floor area would open onto a new covered terrace area located on the west side of the building. This area may be used as a seating area for a restaurant or cafe use and includes an outdoor fireplace and landscaping to buffer it from the parking area which is located at the north side of the lot and is accessible from the alley which runs from Third Street to El Camino Real. The parking area, which is accessible from the rear alley, includes eleven (11) parking stalls, one of which is a tandem parking stall. The existing driveway along Main Street is proposed to be closed to accommodate the new building frontage. The proposal also includes a request for the sale of alcoholic beverages in conjunction with a proposed restaurant use, a joint use parking among the proposed uses, and a parking exception for required parking spaces not provided on the site. PC Report June 12, 2012 DR 2012 -002 and CUP 2012-06 Page 5 5K -z F1 I: -nn I G=�rSS F]o©r ain DL CSIGN REVIEW Architecture The applicant has designed the building in a modern version of the nao-- classical style which emphasizes simplicity and can be seen throughout Old Town along Main Street and El Camino Real. The proposed project includes a full brick veneer along the Main Street frontage and a plaster finish both painted dark gray with foam molding stucco finish at the flat -roof fagade. The first floor storefronts include operable and fixed glass swinging doom which are set back beneath canvas awnings fronting Main Street. The second level full- length vanr� cal plate glass windows are accented by decorative wrought iron railings and are topped with a brie band abo ✓e. The third -floor residential level provides a small deck area A., Jth decorative wrought iron railings and living area set back from the fagade. A decorative ?jjrought iron trellis wi°Ih climbing v nes are proposed at the southAvuest corner of the building and a decoraf ve -vurought iron gate is proposed at the access point along } u«, yTac s3as-r a r PROJECT DATAi '1 e RWk'CkN4x YA fYirvekttf n. IICtlFWN jhA Tr.. MTN, {c G ! v w.nrsc4 ..tangy }j FlRfir tAM Mt "N.t lxl vtjw. ixn 5pnaa . %, A 4')GfW x, KTI W. p w"fo•''j#tdP 'F3J .ice'• 't}� ,._ _ rt;gEq G:O1gCE61M1'NAIR'aMM 3f :v4Ci x.:npelf 4tglalrttc*�KNMIMW In yaflt9GMg9a .I TNWMSiKLG4vR5a'NtFA _ M1 salm',C - -- _ M A � =- r. _.. N24'S3'37 kY 79.;4" : "`_ - .:... --_• —.... FIRST F1,00K PLAN RETAIL AREA DL CSIGN REVIEW Architecture The applicant has designed the building in a modern version of the nao-- classical style which emphasizes simplicity and can be seen throughout Old Town along Main Street and El Camino Real. The proposed project includes a full brick veneer along the Main Street frontage and a plaster finish both painted dark gray with foam molding stucco finish at the flat -roof fagade. The first floor storefronts include operable and fixed glass swinging doom which are set back beneath canvas awnings fronting Main Street. The second level full- length vanr� cal plate glass windows are accented by decorative wrought iron railings and are topped with a brie band abo ✓e. The third -floor residential level provides a small deck area A., Jth decorative wrought iron railings and living area set back from the fagade. A decorative ?jjrought iron trellis wi°Ih climbing v nes are proposed at the southAvuest corner of the building and a decoraf ve -vurought iron gate is proposed at the access point along PC Repwt ,lure 12, 2012 DR 2012 -002 and CUP 2012 -06 Page 6 A east side of the building, The side patio also includes raised planters and a focal -point fireplace located at the far .north and of the patio, ,F7 vs A7�a�i, Fc -nVv -3cc] a u 997, 01 a'u��s The Old Toijun Commsrcial Land Uss development intensity and density standards include retail, pmfessional office and seruvice- oriented business activities suing Old Town and the surrounding areas. This designation also includes high density residential. The maximum dwelEng units per acre or maximum floor area ratio (FAR) for this designation is I,0 :1. The FAR or "intensity" refers to the degree of development based on building characteristics such as height, bull, floor area ratio and /or percent of lot coverage. Floor area ratio is the relationship ofto'tal gross floor area of all buildings on a lot to the total land aTe2 of that lot expressed as a ratio. ru Eil TI j" L,o' ��t,I ... L Li I I 74 _ i Rl�fl TR =E ` i dF.J iEE \ ❑ p �..f M A I N S T R E E T E L E V A T I O N The lot area for the project site at 125 VAI. ?plain Street is 10,332 square "feet, The proposed floor area for the neeav three -story building is as folloAjkis; T AJEI)LE I First Floor Retail; 3,931 square feet Second Floor ®Bice; 4,064 square feet Third Floor Residential; 2,337 square feet _ TOTAL; 10, 832 square feet The proposal is consistent �,7ith the floor area ratio in that the prmposal is for 2 total of 1.0: 1. Olt] i mivn has a history of multi-- I-svel buildings located street front with retail and office uses. For example, the former First National Bank of Tustin building that vvas located at PC Report Juno 12, 2012 DR, 2012 -002 and CUP 2012 -00 Page 7 the comer of El Camino and N ✓fain Street ?f1as a malt leve] bui� dung with ornate Italianesque" design, It �ji�jas dernolished in the 1963's a'�ar earshquake damage and lack of funding for retrofit. z 141 low First National Bank of Tustin Prospect VVJago mixed use Several buildings in Old Town have been designed as three -story mixed uses includ °ng Prospect Village and 170 El Camino Real which was just completed. These buildings have a zero- setback along the front elevation and both include retail and residential uses. Table 2 The proposal for the new building at 125 W. Maim Street will incorporate multiple uses and is designed consistent and compatible with existing historic and new buildings located in Old Town Tustin. The project proposal is consistent with the d °strict site development standards. Overall, the height, setbacks, and massing of the building is consistent with existing and precious projects approved in Old Tovin. CONDITIONAL USE PERMi` Z!\ CondKbnal Use Permit is required to authorize the construction of a mixed -use development (restaurant, office and residential), joint use parking among the proposed uses, the sales of alcoholic beverages in conjunction li&Kh a restaurant use and parking exception for the project. Height Front Rear Yard Side Yard Tcloverage Lot FAR Setback Setback Setback Required 50' max Zero Zero Zero 100% 1:1 Proposed 39'8'/" Zero 31' and 82' Zero (east) 36% 1:1 to alley and 20 ft (west) The proposal for the new building at 125 W. Maim Street will incorporate multiple uses and is designed consistent and compatible with existing historic and new buildings located in Old Town Tustin. The project proposal is consistent with the d °strict site development standards. Overall, the height, setbacks, and massing of the building is consistent with existing and precious projects approved in Old Tovin. CONDITIONAL USE PERMi` Z!\ CondKbnal Use Permit is required to authorize the construction of a mixed -use development (restaurant, office and residential), joint use parking among the proposed uses, the sales of alcoholic beverages in conjunction li&Kh a restaurant use and parking exception for the project. PC Report AMA 12, 2012 ®H 2012 -002 and CUP 2012 -06 Page a The proposai for mixed use �y 'krhich include a restauranirstail on the first floor, ofnsoce use on the second floor and residential units on the third I= requires approval of a Conditional Use Permit by the Planning Commission for a use that is consistent viith and compatible to surrounding uses. Other mixed uses have recently been approved within the Old Town area of Tustin. These include the properly at 170 El Cam rio Real (retail, ofFts and residential) and Prospect Village (retaii, servics and restaurans uses, office and residential). This proposal is consistent with the proposal in the surrounding area and is anticipated to bring economic vitalilly io the area with the design and uses. The proposal for the project includes a restaurant use on the first floor with adjacent outdoor seating area on the �Amst side of the buildings. In accordance AjAiith Tustin City Code, the establishment of on -site sale of alcoholic beverages in conjunction with a restaurant requires approval of a Conditional Use Permit. The restaurant is subject to the City's Alcoholic Beverage Sales Establishment Guidelines which provide specific requirements for a bona -fide restaurant use. The proposal 'For restaurant use wKh alcoholic beverage sales is consistent with other restaurant uses in the Old Town area. Find fts to ensure that the proposed) use will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons resid ft or working in the neighborhood have been provided) in Resolution No. 4197 (A't� &achment E). Furthermore, conditions of approval have been included to ensure consistency with the City's Guidelines and `U us"Jn city Code requirerrients. ,Pc-�.rking Exception /Joint Use Parking Ordinance No. 1416 sets forth parking exceptions for the commercial portion of the CG'S District. This Ordinance provides an exception to the on -site parking requirements under one or a combination of provisions. The applicant has provided a parking exception request (to pay fees for a portion of the parking not provided on- site), along with a shared parking study for a joint use of park ng facilities for the proposed project. The parking study was conducted to determine the adjusted parking demand based on a shared parking analysis of the proposed uses (Attachment C). The proposed mixed -use development includes a retail and /or restaurant use (3,961 sq. ft.) on the first floor, professional o ices (4, 064 sq. ft.) on the second floor, and two residentiai units (2,836 sq. fl.) on the third floor. The parking lot of the proposed project provides 11 parking spaces including one tandem space which is accessed through the e 'xisting alley at the rear of the project site. The parting study provided a time-of -day analysis 'Aihich considered the impact of parl<cing demand based on a 30% reduction of the !City's ofd- street parking MquirSmSn'ls PC Report June 12, 2012 DR 2012 -002 and CUP 2012 -06 Page 9 in order to factor in walk -in trips and other common parking areas as well as on- street parking. The study indicates that a restaurant use on the first floor, office USO on the second floor and residential on the third floor would require 31 parking spaces. In this scenario, an additional 20 spaces are required. In accordance with Ordinance 1416, TCC Section 03252J3(d)(3)(d) allows a parking exception for on -site parking requirements for development proposed within both the Central Commercial District (C -2) and the Old Town Commercial General Plan land use designation of the commercial portion of Old Town Tustin. All, or a portion of, the required number of on -site parking spaces may be satisfied through the payment of a fee, in an amount determined by Fee Resolution of the City Council, upon a determination of the Tustin Planning Commission that the proposed project meets specific findings. The applicant has opted to pay for 20 parking stalls at $60 per space annually in lieu of prodding parking spaces on -site. Participation in the City's program will require an annual fee of $1 ,200 which reimburses the City for parking maintenance fees (as determined by City Council Resolution No. 12 -27). Table 3 shows the following; (1) the required findings necessary to authorize the parking exception, (2) indicates whether it meets the intent of the finding, and (3) supporting comments based on staff's analysis of the project. TABLE Fli nylon. T -E gWT-Od Ri leyta ln,, en.t Comment The proposed project is an Yes _ The ,project is located within infill project located within the the Central Commercial Commercial District of Old District (C -2) and the Old Town Town. Commercial General Plan land use designation. That the proposed project is Yes The project site is less than a considered to be relatively quarter of an acre. small. That the proposed project has Yes The project incorporates high incorporated building or site quality materials and design enhancements that enhancements including a full make it an outstanding brick veneer and plaster finish addition to Old Town Tustin. painted dark gray with foam molding stucco finish at the flat -roof fagade, storefronts with operable and fixed glass swinging doors set back beneath canvas awnings, and second level full - length vertical plate glass windows accented by decorative wrought iron railings. PC Repot June 12, 2012 OR 2012 -002 and CUP 2012 -06 Page 10 Finding requ!T zl Intent 23, m'-f n P, "r `t That the proposed Project Yes The project providss I I on -site provides some onsite par,�dng, parking stalls ljvhich are but is aesthetically superior to accessed from the rear alley one that provided all required allowing the lot frontage to be parl�dng on site. daveloped with a high quality multi -use building. That the project applicant Yes As a condition of approval, the shall agree to pay an annual applicant shall agree to pay an fee for each p�iblic space not anneal fee for parting not provided on site. provided on -site. Other findings that may be lies The Old Town Parking adopted from time to time by Exception Fee was established the City Council. at $60 per space through City Council Resolution No. 12 -27. The parking exception for this project is consistent with the City's goal of introducing customer - attracting commercial uses, replacing underutiJzed and vacant parcels, generating jobs, increasing the number of Persons shopping and working in Old T olivin Tustin, and fostering economic development of the surrounding areas. G'urthsTmore, the City has prepared the Old Town parking Study that concluded that there is a significant amount of available parking in the area. Therefore, the recommendation to waive on -site parking requirements is appropriate for this proposal. In determining vihether to recommend approval of the Conditional Use Permit and Design Review for the project, the planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin; and that the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. A decision to approve this request may be supported by the following findings; I The project is consistent with and compatible to the Old Town uses in that the proposal is similar to other mixed uses which have recently been approved within the Old Town area of Tustin and is anticipated to bring economic vitality to the area with the design and uses. 2) The subject site is located along she Z ain Street in the center of Old Town and has remained unoccupied for the past several years. The proposed building massing, orientation, and architecture of the new mixed use building AjMll s8nve to enhance the subject site and augment the Old Town commercial district. PC Report June 12, 2012 DR 2012-002 and CUP 2012-06 Page 11 3) The restaurant use is consistent with uses in the Old Town area where a variety of retail, office, and restaurant uses are located. The proposed hours of operation are limited until 11:00 PM on weekdays and 12:00 AM on weekends. The characteristics of the restaurant use and hours of operation of the restaurant would be similar to other restaurants in the center and in the vicinity. 4) The restaurant will provide sit-down meals typical of restaurant uses. Bona fide restaurants with on-site alcoholic beverage sales are exempt from distance separation requirements to residential uses, sensitive uses and other alcoholic beverage sales establishments. 5) The on-site consumption of alcoholic beverages would be in conjunction with a restaurant where food will be served at all times when alcoholic beverages are served. 6) The proposed sale of on-site alcoholic beverages in conjunction with an existing restaurant use is allowed within the C-2 zoning district with the approval of a Conditional Use Permit. 7) As conditioned, the proposed on-site consumption of general alcoholic beverages is consistent with the Alcoholic Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001. 8) The Tustin Police Department has reviewed the application and has no immediate concerns. 9) The City's Public Works Department, Police Department, Building Division and the Orange County Fire Authority have reviewed and support the development of the proposed project, as conditioned. 10) The proposed structures and associated improvements are harmonious with the highest standards of improvements in the surrounding area and Tustin community. 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 in that: a. Height, bulk, and area of buildings: The proposed height of the three-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 Main Street. b. Setbacks and site planning: The site design was oriented to maximize the street frontage by locating the building at the front property line with access and parking located behind the building. The uses such as the PC Rspart June 12, 2012 DR 2012 -002 and CUP 2012 -06 Page 12 parking lot, and 'trash enclosure have been oriented maiay from Main Street. �. Exterior materials and colors; The proposed materials (brick, stucco, 'woughi iron, glass, and woody are of a high quality, will serve to enhance she architecture of the building, and are compatible with the nearby commercial buildings in Old Tm,,Am. The proposed color scherne will also accentuate the building's architecture and give a clean look to the uagade. The proposed brick v8nmer features a subdued gray color and flat stucco tex'�ure variation that �juill provide a modern d °mansion to the building. d. Type and pitch of roofs: The proposed flat roof vjith parapet and emended ,parapet VJalls create a modern version of the neo- classical style which emphasizes simplicity and can be seen throughout Old Town along Alain &treat and El Camino Real. e. Size and spacing of Nivindows, doors, and other openings; The proposed building has been designed to reflect a classic Old To?jvn commercial bundling with a contemporary emphasis using modern materials. The first floor storefronts include operable and fixed glass swinging doors NiaNch are set back beneath canvas awnings fronting Main Street. The second level full - length vertical plate glass windows are accented by decorative wrought iron railings and are topped with a brick band above. The third- floor residential levei provides a small deck area with decorative wrought iron railings and living area set back 'from the facade. Landscaping, parking area design and traffic circulation; The parking area has been designed to accommodate access from the rear alley which eliminates the view of parked cars from Nlain Street. Landscaping has been incorporated throughout the parking area consistent with landscape requirements. A decorative wrought iron trellis with climbing vines are proposed at the southwest corner of the building and a decorative wrought iron gate is proposed at the access point along the east side of the building. The side patio also includes raised planters and a focal -point fireplace located at the far north end of the patio. g. Physical relationship of proposed structures to existing structures in the neighborhood; The proposed three story building is a stand -alone building that has been designed with a massing and form that is similar to other existing buildings in Old Town Tustin. Old Town has a history of multi -level buildings located street front with retail and office uses. The project will incorporate multiple uses and is designed consistent and compatible with existing historic and new buildings located in Old TmiAm Tuall n. 11) The Perking Study was conducted and the Study indicates that the proposed project could be supported Ajvith eleven (1 `u) onsite parking spaces and 'NAjenty (20) off -site parking spaces located throughout Old Tovjn Tustin and has PC Report June 12, 2012 DR 2012 -002 and CUP 2012 -06 Gage 13 been found to be consi&ent �iAJsh Ordinance No. 1416 vjNch alloAjus all or a portion of a project's required on -site parking spaces to be mad through Ins payment of an annual fee intended to compensate the City for the proportional use anal main��enancs of public parking based upon the Planning Commission's daIerminaticn that the project meets the following findings; a. The proposed project is an infull project located AjAjithin she commercial districs of Old To�jvn. b, The proposed project is considered to be relaJvely small. c. The proposed project has incorporated building or site design enhancements that makma it an outstanding addition to Old TmAin Tustin. d. The proposed project protirides some onsite parking, but is aesthetically superior to one that provided all required parking on site. e. The project applicant is condRioned to pay an annual tee for each public space not provided, on site. ENVIRONMENTLL. This project is categorically exempt from °Jurlher envy Tonmental ravie�jAj pursuant to the California Environmental Quality Act (CEQYI�) Seaton 15332, Class 32, "ln -fill development projects," CONCLUSION- The proposed project is consistent 'A,iith the proposal in the surrounding area and is anticipated to bring economic vitality to the area with the proposed design and uses. In addition, the project provides the opportunity for multi -level uses while encouraging walking and shopping in the Old Town Area. As such, staff recommends that the Manning Commission adopt Resolution No. 4197 (Attachment E) recommending that the City Council approve Design Review (DR) 2012 -002, Conditional Use Fermit (CUP) 2012 -05. Amy S onich, AICP Elizabeth A. Binsack Senior Planner Director of Community Development Attachments: A. Location leap B. Land Use Fact Sheet G. Shared Parking Study dated March 22, 2012 D. Subrn tled Plans E. Resolution No. 4197 ATTACHMENT A LOCATION MAP City of Tustin CITY OF TUSTIN - [Created: 6/5/2012 2:00:26 PM] [Scale: 341.79] [Page: 8.5 x 11 / Portrait] IOverview Map I Map Display --I U5 AD %11 N. 81-13G. Legend Street Names 0/ City Limits FWY Railroad 9 DRIVEWAY r HCRAMP ROW Easement Private Parcol Lines streets Thin SECOND ST. I S. PRO EC I Av 1 1 2.2 %IC tusnN AREA SENIOR CEN I ER A2•+ar�rrat.��sF'tWOaNL'T (C) 2002 -2 GeoPAso.ne! (GeoVec, Inc,) - (86ro),122-2606 r) I HIRIJ Si. 71 I 71 1 0 342ft I l i --I U5 AD %11 N. 81-13G. Legend Street Names 0/ City Limits FWY Railroad 9 DRIVEWAY r HCRAMP ROW Easement Private Parcol Lines streets Thin SECOND ST. I S. PRO EC I Av 1 1 2.2 %IC tusnN AREA SENIOR CEN I ER A2•+ar�rrat.��sF'tWOaNL'T (C) 2002 -2 GeoPAso.ne! (GeoVec, Inc,) - (86ro),122-2606 r) I HIRIJ Si. 71 I 71 1 0 342ft ATTACHMENT B LANDQ USE AG FLT CATMN FACT SHEET 9 LAND USE APPLICATION Conditional Use Permit 2012 -006 (CUP 2012 -006), Design NUMBER(S) Review 2012 -002 (DR 2012 -002), Lot Line Adjustment 2012 -002 (LLA 2012 -002) 2 LOCATION: Located on the north side of Main Street west of El Camino Real and east of C Street 3 ADDRESS: 125 W. Main Street, Tustin 4 LOT: Lot 2 and Lot 3 TRACT 793 5 APN(S): 401- 573 -05, 401- 573 -06 6 PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: 7 SURROUNDING LAND USES: North: Retail Commercial South: Retail and Restaurant Commercial East: Retail Commercial West: Church, office and commercial 8 SURROUNDING ZONING North: Central Commercial (C -2) Zoning and the Combining DESIGNATION: Parking (P) and Cultural Resources (CR) Overlay Districts South: Central Commercial (C -2) Zoning and the Combining Parking (P) and Cultural Resources (CR) Overlay Districts East: Central Commercial (C -2) Zoning and the Combining Parking (P) and Cultural Resources (CR) Overlay Districts West: Central Commercial (C -2) Zoning and the Combining Parking (P) and Cultural Resources (CR) Overlay Districts 9 SURROUNDING GENERAL North: Old Town Commercial PLAN DESIGNATION: South: Old Town Commercial East: Old Town Commercial West: Old Town Commercial 10 SITE LAND USE: Existing: Vacant warehouse building (formerly auto parts sales /service) 1 LAND USE APPLICATION FACT SHEET Proposed: Mixed Use (restauosnt/retei|. office and residential) Bemuro Plan: Old Town Commercial Zoning: C2 Central Commercial PROPOSED GP: Same PROPOSED ZONING: Same 2 DEVELOPMENT FAC7S- 11 SITE AREA 18.832 square feet 12 BUILDING LOT COVERAGE MAX. PERMITTED: 100Y6 less parking and landscaping requinamento, Subject to general provisions PROPOSED: 36% 13 SITE LANDSCAPING 5% 14 OPEN SPACE: Less setbacks 15 PARKING 31 spaces based on parking dermamd with e3QY6 reduction ofthe City's off-street parking requirements (perTCC 93252J3(d)(3)(d)) PROPOSED: 11 10 BUILDING HEIGHT: MAXIMUM: 50 feet PROPOSED: 4Ufeet 17 BU1D1NGSETBACKS REQUIRED PROPOSED FRONT: None Zero SIDE: None Zero east side &20ft west side REAR: Mono 31 ft and R2fttoalley 18 OTHER UNIQUE CONDITIONS Abandoned alley in Block 14of"A Portion of Tustin City" inthe ASSOCIATED T{}THE City ofTustin, County ofOrange, State ofCalifornia (10ft wide x PROPERTY (|.E.SPECIAL 140ft long along the west property line) STUDY ZONES, EASEMENTS, 2 ATTACHMENT C SHARED PARKING STUDY DATED MARCH 22, 2012 •o d HE TRAFFIC ENGINEERING, Inc_ b ir. i•t C.:c9•ii' ,5,:, rx��,,, �r R:. r- :.„�ttay March 22, 2012 Chris Miller PMR Construction, Inc. 125 W. Main Street Tustin, CA 92780 Re: Shared Parking Study for Mixed Use Building 125 W. Main Street, Tustin Dear Chris, o RECEW ".. MAY { 2`2012 COMMUNITY DEVELOPMENT BY: Per your request, we have conducted a shared parking study for the proposed mixed - use development. The purpose of this study is to determine the adjusted parking demand based on shared parking analysis of various land uses. PROJECT INFORMATION The site is located in the Central Commercial District (C -2) and the Combining Parking Overlay District (P) in the City of Tustin. The project plans to demolish the existing /vacant building and parking lot at 125 W. Main Street. The proposed mixed -use development includes a restaurant or retail store (3,931 sq. ft.) on the first floor, professional offices (4,064 sq. ft.) on the second floor, and two residential units (total 2,836 sq. ft.) on the third floor. The proposed parking lot provides 11 parking spaces including one tandem space. The site plan is shown in Exhibit 1, SHARED PARKING According to the Municipal Codes of the City of Tustin, off - street parking requirements for the project's land uses are show in Table 1. K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 235, Tustin, CA 92780 T.714- 832 -2116 F.949- 266 -5875 Email: kay @,k2traffic,com Q Q Shared Parking Study for Mixed -Use Building 125 W. Main Street, Tustin Table 1. Off - Street ParkinL- Requirement March 22, 2012 Page 2 of 3 Central Commercial District C -2 Par ing Overlay P Residential Land Use Restaurant Retail Office (Duplex) 1 space for each 1 space for each 1 space for each 2 spaces, within Off Street Parking 100 sq. ft. of 250 sq. ft. of 300 sq. ft. of a garage, for Requirement ross floor area gross floor area gross floor area each unit Gross Floor Area 3,931 S . Ft. 3,931 S . Ft. 4,064 S . Ft. 2 Units Required Parking Spaces 39.3 15.7 13.5 4 SHARED PARKING ANALYSIS Shared parking considers a mix of several compatible land uses within close vicinity to a common parking area. The City of Tustin has encouraged mixed -use developments to make better use of the prevalently underused parking in Old Town. Exhibit 2 shows the shared parking analysis with time -of -day consideration of the project's land uses. For the first floor, both potential uses of restaurant and retail are included in the calculation. The calculation adapted a 30% reduction of parking demand to factor in walk -in trips and common parking in the project vicinity. For a retail store on the first floor, the site would require 22 parking spaces. For a restaurant use on the first floor, the site would require 31 parking spaces. SUMMARY Under -used public parking and roadside. parking in Old Town are evident in the project vicinity. The proposed uses requires 22 and 31 parking spaces for retail and restaurant use on the first floor, respectively. The site provides 11 parking spaces including a tandem space. The project development appears fitting in the master plan that encourages mixed -use developments to make better use of the generally under - parked conditions in Old Town. Parking in -lieu fees may be required by the City or a Parking District in -lieu of providing privately constructed parking facility. K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714- 832 -21 l6 F.949- 266 -5875 Email: kay @k2traffic.com 0 O Shared Parking Study for Mixed -Use Building March 22, 2012 125 W. Main Street, Tustin Page 3 of 3 However, the study suggests further discussions with the agencies to authorize applicable waivers of the fees. Regards, %2 Traffic Engineering, Inc. JEN7E SAY } °SU Nr) T2285 ,�, Exp_8 30 12 Jende Kay Hsu, P.E., T.E. California License # TR2285 s.4 rRq F F� (N ? K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714 -832 -2116 F.949- 266 -5875 Email: kay@k2traffic.com I � 1II � M1� I IL ,.Y 009t 3.11 L I �r z Q I J � C Q OQ OF- W Z W ec — W r� c o L y p�p W � O IJ C p J Q u a 1 � w r O < it O J Q s z - Ln o d 4 Q IJ Q I, Q LL +d 7 LL O u p o' cn c -U J5 d :T O)k.� VE EXHIBIT 1 Exhibit 2. Shared Parking Analysis P6090 - Mixed Use BuNding Parking 125 W. Wzlin S�Tesl, U usUn Land Use Without Shared Parking Q o CJ CL CN o_ v to CO C) With Shared Parking Parking 'Reduction* Total Residential (31F) Time -of -Da Factor Parking Demand 80% 60% 50% 80% 100% 100% 1 100% _ Parking Demand 4 3 2 2 3 4 1 4 4 41 44 Office j2F) Time -of -Day "actor 100% 90% 1 ® ®% 90% 25% 7% 1% Parking Demand 13.5 14 12 14 1 12 3 1 0 Retail (IF) Time -of -Da Faotor �� I 60_/0 o 100 /0 0 100 /0 _ 0 0 90 /0 90 /0 0 o 80 /0 30 /o Parking Demand 15.7 16 16 14 14 13 5 30% BUILDING TOTA7 34 26 30 32 29 21 18 9 32 10 22 Alternative: Fine Dining (1F) Time -of -Da Factor 15% 75% 65% 50% 95% 100% 95% Parking Demand 39.3 6 29 26 20 37 39 37 30% BUILDING TOTAL 57 23 43 1 42 35 44 44 41 44 13 31 * Parking reduction includes walk -in trips and common parking within project vicinity ATTADHVDIENT _ SUBMITTED FLANS CD 0 cn C� cn C'> CD FA V) x rm —4 < > n 0 M XZ z z > -d O ti v CD _ o O Os c 3 cn O n zt F6v U c 0 'rte O 7 FFN y �J U L1 d F-? u N V r m m m r m G D y x m D T--/ D 0 Z X n m G D -t 0 z ! 1 0 0 0 3 y � �c JppG p�p � C C C y GOO O ry! m ni A O O oo ? D y D O � O w O O w /\ 1� / |6 � §(\ y Q2/ � t&g _}\ CD 4m+ p rrl n 00 mz ®eo c \m ®mc ^ O ®O �/m > > 7 � z � � m � 0 2 / � §° 2 » § p X® mI /\ �O= �7 »a~ e�0 >0 \rm >o zr m> >z K B /. §§ E ■§ §2 §!E§@ \0 a K §!4 � \\ � � NJ Ul �- ° \® � I} CA = '17 rc O \ mz � ma � � \m U// ~ >c \mom > > � z � � z � � m � 0 2 / � §° 2 » § p X® mI /\ �O= �7 »a~ e�0 >0 \rm >o zr m> >z K B /. §§ E ■§ §2 §!E§@ \0 a K §!4 � \\ � X m 0 z U) yNyp yy m Iy gz>'�k u 2 oN8��6 a > JARS `yyyZ n v � m ? � aft y �:2G on mp y�o E�12 yb m N 2 A n NNX L. zm9 ccnn z N� g v i 7T/ �A I m m mg za r —z v A 8 m 1332i1S NIVIN I 0 m y v .F.�V nv l� m; r �V I 4 a m, lgp a�mnm =� g sg 8§ $o q I -m xIii - z zi s s8T 3 x 7 SAS 6m 6 v Bg 0 N IR 6 0 sm 8 °g Boa z i Sec O D IRysm i (n ai D ZmF 7asz JR v°a ea D a ���m ga e � {{ 4 D P a� $ n 5 n z a� I 99 § • s .9. n a AMd s •6 ONIWVO l3 3AV 103d6otld (6L'0£ l 3A) F7 oa o£t ov 018 X3 L�iii �5 i1F,i _mac t Si .,O� AYL-- '1_..., r0 rr i I'll' 1N3;:3Atld OV ::v„ � {�11„ b . 9 lE Os'D£t OV SL'0£t DV 590£l OV _ g lo .L b °c HA 213M3S d', ,1 u lgp a�mnm =� g sg 8§ $o q I -m xIii - z zi s s8T 3 x 7 SAS 6m 6 v Bg 0 N IR 6 0 sm 8 °g Boa z i Sec O D IRysm i (n ai D ZmF 7asz JR v°a ea D a ���m ga e � {{ 4 D P a� $ n 5 n z a� I 99 § • s .9. n a AMd I / I i /N / "Pry 1L" � N ONIWVO l3 3AV 103d6otld ((D Z Z � y n 2 � m t& 2 IrA N Ul X L Cs p� !" r Z C) 0 z rn n 0 c o' A � N V A Op m r z .9 P" z n O m� n4 1 � v a =�Z 's Z � a m 8 C Z iTt !F1 v o o 'ud Z F C9� H 8 N V N rri z ? LrJlllrlll >j z W J _ � Fi rn n 0 2p om Tz c 6m 030 2" 03 �g �g � y O z T O n o x n } U U F- z v � o ° N r� M �i 9 u z z e� S U LLM a H Cq F- N I-- �v •�� F QA A d Of tY� A M Y w I' I } U U F- z v � o ° N r� M �i 9 u z z e� S U LLM a H Cq F- N I-- �v •�� F QA A d Of tY� A ° N�§ \ � \ 3 / \ 71 TO \ $ ® §} �§ G $ d f } & \ ) § Cd f J 2 t :r � k / \ } / § z b 2 v � 7 2 Q U / \ ) � 2 D � � » m ®f � \\ � ®\ 3° � 2 m2\ Mme i I-- � � � � em2 � m!f m @�j f =� / /$a k k| ATTACHMENT E RESOLUTION N0.41 97 RESOLU`I iON NO, 419 A RESOLUTIO�N OF THE 4 LANNhNG COjMuiW8SlON OF THE Cl T Y OF TUSTl'N RECOMMENDING THAT TlHE Cl a ` COUNClL APPROVE DESIGN REVIEW 2012 -002 AND CONDITIONAL USE PERMIT 2012 -06 TO AUTHORIZE THE CONSTRUCTION OF A MIXED -USE DEVELOPMENT, JOINT USE PARKING, SALES OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A RESTAURANT USE AND A BARKING F�CEPTION FOR THE PROJECT AT 125 W. MAIN STREET LOCATED WITHIN THE CENTRAL COMMERCIAL (C -2) ZONING AND THE COMBINING PARKING (P) AND CULTURAL RESOURCES (CEO) OVERLAY DISTRICTS. The Planning Commission of the City of Tustin does hereby resolve as follo)xs; I. The Planning Commission finds and determines as follo�jkis; A. That a proper application for Design Revie'v�j 2012 -002 and Conditional Use Permit 2012 -06 have been submilled by Chris uN iller of PMR Construction, on behalf of PJ Jahangiri, property owner, requesting authorization to construct a mixed use project at 125 W. Main Street (APN 401 - 573 -05 and 401 - 573 -36); S. pursuant to Tustin City Code Section 9272, a Design, Review is required f0T site planning and design. According m Tustin City Code Section 2272, the P fanning Commission is authorized to review and act on Design Review applications; however, because the Conditional Use Permit requires City Council approval, the Planning Commission is being asked to provide recommendations to the Oily Council for Design Review 2012 -002 and Conditionai Use Permit 2012 -06. In addition, according to Tustin City Code Sections 9252j1 and 9252j3, the City Council may establish design criteria and standards and authorize a non - listed use, on a case -by -case basis, for projects located within the Cultural Resources Overlay District. Therefore, the Design Review will require City Council approval, following a recommendation by the Planning Commission; C. Pursuant to Tustin City Code Section 9252j3, a Conditional Use Permit is required to permit non - listed uses such as a mixed -use development (restaurant, oifices, and residential). Further, the proposal includes a request for the sale of alcoholic beverages in conjunction with a proposed restaurant use and joint use parking. Tustin City Code Section 2233cl (Uses Conditionally Permitted in TCC 0232b3) allolinis alcoholic beverage sales establishments subject to the prove lion set 'Torch in Section 9271dd and Tustin City Code Resolution 4197 DR 2012 -002 and CUP 2012 -05 Page 2 Section 2234a allo�A9s for paring facilities to be used jointly subject to the approval of a Conditional Use Permit; D. ?ursuant '�o TCC 23252J3(d) (Ordinance Nlo. 1416), on-site parking requirements may be modified under one or a combination of provisions as set forth in the City Code. Specifically, development proposed within both the Central Commercial District (C -2) and the Old T oliAin Commercial General Plan land use designation (the commercial portion of Old Town Tustin), may satisfy all or a portion of the required number of on -si'M parking spaces through the payment of a fee, in an amount determined by Fee Resolution upon a determination of the Tustin Planning Commission that the proposed project meets the certain findings. E. That the site is located it the Central Commercial District (C-2), Cultural ;resources (District (C R), and the Combining Parking District ('P) and is consistent with the deveilopment standards of those districts; F. That [design Review 2012 -032 and Cor &Donal Use Kermit 2012 -06 Ajajas noticed, and considered, on June 12, 2312, by the Flanning Commission; G. That the proposed project is consistent with the policies of she General Plan "Old Town Commercial" designation vjvhich allovis for retail, professional offices and service- oriented business acti'ities as well as residential uses which support this land use subject to the discretion of the City. The project has also been determined to be consistent with the Air Qual °ty Sub - element; H. That the proposal for mixed use which include a restaurar'tIrs,10 on the first floor, office use on the second floor and residential units on the third floor requires approval of a Conditional Use Permit by the Planning Commission for a use that is consistent with and compatible to surrounding uses. The protect is consistent with and compatible to the Old To�,Ajn uses in than the proposal is similar to other mixed uses have recently been approved ljvithin the Old Town area of Tustin and is anticipated to bring economic AiKality to the area with the design and uses; That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the Resolution 4197 DR 2012-002 and CUP 2012-06 Page 3 neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1. The proposed sale of on-site alcoholic beverages in conjunction with an existing restaurant use is allowed within the C-2 zoning district with the approval of a Conditional Use Permit. 2. As conditioned, the proposed on-site consumption of general alcoholic beverages is consistent with the Alcoholic Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001. 3. The on-site consumption of alcoholic beverages would be in conjunction with a restaurant where food will be served at all times when alcoholic beverages are served. 4. The restaurant will provide sit-down meals typical of restaurant uses. Bona fide restaurants with on-site alcoholic beverage sales are exempt from distance separation requirements to residential uses, sensitive uses and other alcoholic beverage sales establishments. 5. The restaurant use is consistent with uses in the Old Town area where a variety of retail, office, and restaurant uses are located. The proposed hours of operation are proposed to be limited for consistency with the City's policy on alcoholic beverage establishment hours of operation. The characteristics of the restaurant use and hours of operation of the restaurant would be similar to other restaurants in the center and in the vicinity. 6. The Tustin Police Department has reviewed the application and has no immediate concerns. J. The Parking Study was conducted and the Study indicates that the proposed project could be supported with eleven (11) onsite parking spaces and twenty (20) off-site parking spaces located throughout Old Town Tustin and 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: 1 The proposed project is an infill project located within the commercial district of Old Town. Resolution 4197 DR 2012 -002 and CUP 2011 2 -06 Page 4 2. The proposed project is considered to be relatively small. 3. The proposed project has irucorporated building or site design enhancements that male it an cutstand °rg addition to Old To�j,�m Tustin. 4. The proposed project provides some onsKa parNn , but is aesthetically superior to one that provided all required parkin on site. 5. The project applicant is conditioned to pay an annual fee for each public space not provided on site. K. V he Old 1 oAjAin ParNng Exception Fee was established at }60 per space through City Council Resolution No. 12 -27 and the applicant has requested parking exception and agreed to pay an annual fee for spaces not provided on -site; L. That in determining NjAihether to recommend approval of the Design Review the fllanning Commission rust determine whether or not the location, sizze, architectural features, and general appearance of the proposed development �jAjill impair the orderly and harmonious development of the area, the present or future development thereon, or the occupancy as a whole. In making such findings, the Commission has considered at least the following Items; I . The subject site is located along Main Street in the center of Old TmiAm and has remained unoccupied for the past several years. The proposed building massing, orientation, and architecture of the new mixed use building liAMI serve to enhance the subject sate and augment the Old Town commercial district. 2. The proposed structures and associated improvements are harmonious with the highest standards of irnprovements in the surrounding area and Tustin community. 3. The City's Public MNorks Department, Police Department, Building Division and the Orange County mire Authority 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 Nj\Jll not impair the RescMion 4197 DR 20112 -002 and CUP 2012 -06 Page 5 orderly and harmonious development of the area, 'the present or future devsloprment therein, or she occupancy as a Ajnjhole. a. Height, bulik, and area o'] buildings: The proposed heighl� of the three -story structure is ljAA in the rnaAmurn peTmr 'slled height in the zoning district. The height and bulk of the building also held the street edge well and help to create a well - defined streetscape along Main Street. b. Setbacks and site planning: The site design was oriented to maximize the street frontage by locating the building at the front property line with access and parking located behind the building. The uses such as the parking lot, and trash enclosure have been oriented @�j\�a from Nla, in Street, c. E tedor materials and colors: The proposed materials (brick, stucco, �j,jrought iron, glass, and �jvood) are o? a high quafity, �jaiill ser�je to enhance the architecture of the building, and are compatible 111A'Ih the nearby commercial build'ngs in Old ToAjAjn. The proposed color scheme �Mll also accentuate the building's archKecture and gkme a clean look to the fagade. The proposed brink veneer features a subdued gray color and flat stucco texture variation that 1 gill provide a modern dimension to the building. d. Type and pitch of roofs: The proposed flat roof �jAjRh parapet and extended parapet walls create a modern version of the neo- classical style which emphasizes simplicity and can be seem throughout Old ToljAin along Main Street and El Camino Real. e. Size and spacing of windovis, doors, and other openings: The proposed building has been designed to reflect a classic Old Town commercial building with a contemporary ernphasis using modern materials. The first floor storefronts include operable and fixed glass swinging doors which are set back beneath canvas awnings fronting Main Street. The second level full-length vertical plate glass windows are accented by decorative wrought iron railings and are topped with a brick band above. The third -floor residential level provides a small deck area with decorative wrought iron railings and living area set back from the fagade. Resolution 4197 DR 2012 -002 and CUP 2012 -06 Page 6 f. Landscaping, parking area design and traffic circulation: The parsing area has been designed to accommodate access from the rear alley �i&ch eliminates the of parked cars from M,:-2in Street. Landscaping has been incorporated throughout the parking area consistent with landscape requirements. A decorative wrought iron trellis with climbing ?pines are proposed at the southlivast corner of the building and a decorative wrought iron gate is proposed at the access point along the ease side of the building. The side patio also includes raised planters and a focakpoint fireplace located at the far north and of the patio. g. Physical relationship of proposed structures to existing structures in the neighborhood: The proposed three story building is a stand -alone building that has been designed with a massing and form that is similar to other existing buildings in Old Town Tustin. Old (Town has a history of multi -level buildings located street front with retail and office uses. The project gill incorporate multiple uses and is designed consistent and compatible with existing historic anal new buildings located in Old T mjun Tustin, h. Appearance and design relationship Of proposed struct�ires to existing structures and possible future structures in the neighborhood and public thoroughfares: The proposed building adapts a contemporary commercial building into the historic commercial district by incorporating a variety of traditional architectural elements and forms similar to other existing three -story rnixed uses including Prospect Village and 170 El Camino Real. These buildings have a /erc- setback along the front elevation and both include retail and residential uses N]. That the project is determined to be categorically exempt categorically exempt �irorn further environmental review pursuant to the California Environmental Quality Act (CEQA) Section 15332, Class 32, 'In -fill development projects." II. The Planning Commission hereby adopts Resolution Rio. -197 recommending that the City Council approve Design RevieAj\j (DR) 2012 -002 and Conditional Use Permit (CUP) 2012 -06 to authorize the construction of a mixed -use development, joint use paving, the sale of alcoholic beverages in conjunction with a proposed restaurant use, and a paving exception for the project at 125 W. Main Street located within the Central Commercial (C- 2) Zoning and the Combining parsing (P) and Cultural Resources (CR) Resolulbn 4107 DR 2012 -002 and CUP 20112.06 Page i Overlay DsLrlcts, subject so condo 'kns contained in ExNN"� A a tachad hereto. CHARLES E. PUCKS T -� Chairperson ELIZABETH A. SINSACK Planning Comrnissbn Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Elizabeth A. Dnsack, the u nd—arsigned, hereby cerJfy that I am the P ann ng Corr mr ssbn Secretary of the CKy of ` us`dn, California; that Resolution No. '4197 was passed and adopted at a regular meotn g of ths TuslJn 'Flann ng Ccmmm ssbn, held on the 127h play of June, 2012. ELIZABETH A. SiNSACK Planning Commission Secretary CaCHIBIT A D� W12-002 AND CUF Z012-MBE' RESOLUTION NO. 61 7 c,ONTOMONS OF APIPTROV L 0 EHER L 1.1 The proposed project shall conform with the T ustin City Code and standards and be consistent with submitted plans for the project date stamped June 12, 2012, on file with the Community Development Department, except as heroin modified, or as modified by the Director of Community Development in accordance �j�Jth this Exhibit. The Director of Community Development may also approve minor modifications to plans dugong plan check if such modifications are consistent with the provisions of the Tustin City Code and other applicable codes. 1.2 Unless otherwise specified, the conditions contained in this ENNM shall be, complied with as specified or prior to the issuance of any build °ng permits for the project, subject to revieNju and approval by the Community Development Department. 1.3 The subject project approval shall become null and void unless permits for the Proposed project are issued and substantial consfruclion is under`i,�jay NiMthin twelve (12) months. All time extensions may be considered of a �Ajritsen request is received �,M,'hin thirty (30) days prior to the expiration date. 1.4 Approval of Design Review 2012 -002 and Conditional Use Permut 2012 -00 are 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. 1.5 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 Ciltij 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. 1.5 Conditional Use Permit 2012 -00 may be reviewed on an annual basis, or more often if necessary, by the Community Development (Director. The Community, ResckAbn 4107 DR 2012 -002 and CUP 2012 -06 Page 2 Development Director shall r- mJe1jAj the Liss to ascertain compliance �jJth conditions of approval. if the uss is not operated in accordance AjAJ'th Conditional Lase permit 2012 -06, or is Found to be a n0sance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. 1.7 Any violation of any of the conditions imposed is SUbject to the issuance of an Administrative Citation pursuant to Tustin City Cole Section I 162(a). 1.6 Rdor to issuance of any permits, approval of a Lot (Line Adjustment to combine :the two existing lots into shall be obtained and recorded. 1.9 Prior to the issuance of a Building Permit, the applicant sell comply with Ordinance No. 1416 and established by City Council Resolution No. 12 -27 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. 1.10 The applicant shall obtain the appropriate license from the State Department of alcoholic Beverage Control for the type of alcoholic sales authorized -for the site Type A7). A copy shall be proN.Aded to the City prior to operating the upgraded alcoholic sales. 1.11 Approved uses shall operate �jAiKhin all applicable State, County, and the Tustin City Code. Any violations of the regulations of the [department of Alcoholic Beverage Control as they pertain to the subject location, or of the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject Conditional Use llerm t, as provided for the Tustin City Code. BUILDING DIVISION 2.1 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. The applicant shall demonstrate on plans compliance with the State of California Title 24 accessibility regulations including but not llrnited to; signage, interior path of travel, work stations, and sanitary facilities. ORANGE COUNTY FIRE AUTHORITY 3.1 Prior to issuance of a building permit, the applicant or responsible party shall submit the fire master plan (sen,�ics code MR145). Roso�ution 4197 DR 2012 -002 and CUP 2012 -06 Page 3 3.2 Prior to issuance of a building, perrn t, the ap;plican °l or responsible party shall submit the architectural (service codes PR200- PR235), tijNjhen required by the OC A "Plan Submittal Criteria Form". 3°3 Prior to issuance of a building permit, she applicant or responsible parr shall submit the underground piping for private hydrants and Tire sprinkler systems (seriice code PR470 -PR475 ). 3.4 Prior to concealing interior construction, the applicant or responsible party shall submit the sprinkler monitoring system (ser,oice code PR500) 3.5 Grier to concealing interior construction, the applicant or responsible party shall submit the fire sprinkler system (service codes GR430- PRA55). Specific submittal requirements may vary from those listed above depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Standard notes, guidelines, submittal instructions, and other information related to plans reviewed by the OCFA may be found by visiting and clicking on "Fire Prevention" and then "fllanning & Development Services." GRADING CONDITIONS: 4.1 !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 approti�ed site and landscaping plans. A.2 Prior to issuance of a Grading Permit, a grading bond (on a form acceptable to the City) will be required. The engineer's estimate, which covers the cost of aE �jAjork shown on the grading plan, including grading, drainage, �j,\iater, seliAler and erosion control, shall be submitted to the City for approval. 4.3 Preparation of a sedimentation and erosion control ;plan for all work related to this development shall be required. WQMP CONDITIONS: 5.1 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a final Water Quality Management Plan (WQMP). If the WQMP has been determined to be a Priority WQMP, it shall identify Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on -site to retain storm water and treat predictable pollutant run -off. The Priority �AJQMP shall identify; the implementation of BMPs, the assignment of long -term maintenance Reso�uton 4197 DR 2012 -002 and CUP 2012 -06 Page 4 responsibil°oties (specifying the developer, parcel 0AvAlner, maintenance associa`Jon, lessees, `« .), and reference to the locations) of structural )NIPs. 5.2 Prior to submittal of a final Y a`ter Quality Management Plan (VVQMP), the applicant shall submit a deposit of $2,700M to the Public Y orks Department for the estimated cost of revs -a?v v ng the final VAJQN' 10. 5.3 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreementegardin� 0 & M Plan® Fund and ��laintain Water Quality BMPs. Consent to Inspect, and Indemnification ", 1vuith the County Clerk- Recorder. This document shall bind current and future owners) of the property regarding implementation and maintenance of the structural and non - structural SMPs as specified in the approved final WQMP. 5.A This development shall comply with all applicable provisions of the City of Tustin Yi later Quality OT6nance and all Federal, State, and Regional VIVater QUafity Control Board rules and regulations. PUBLIC IMPROVEMENT CONDITIONS: 6.1 The proposed awnings along Main C`Ireet shall be reviewed and approved by the City of Tustin Community Development Department: 6.2 The applicant shall provide a four ( ) foot wide minimum walkway clear of above ground obstructions along the project frontage at all times. All projecting awnings in the public rights -of -way shall be designed and constructed a minimum of seven (7) feet above the sidewalk grade. 5.3 Prior to any construction of the planters and awnings in the public rights -of -way, the ;property oviner shall submit an encroachment permit application, t IJO (2) sets of City of Tustin Community Development approved site plans with exterior elevation plan, and the applicable encroachment permit fees to the Public Works Department for rmvietivr and permit issuance. 6.4 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 (minirnum) 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. 6.5 The encroachment permit and liability insurance shall be renewed every year by the permittee. Resolution 4197 DR 2012 -002 and Cut 2012 -06 Page 5 5.6 Any damage donate sAsting public street improvement's including public alley and utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy° 6.7 Current Federal Americans with Disabilities Act (FDA) requirements shall be met at all driveways and sidewalks adjacent to the site. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. Depending on the applicable City standard, an easement on private property for pedestrian access may be required. In this case, a legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer or California Licensed Land Surieyor, shall be submitted to the ;public Works 'Department nor review and approval. 6.6 Prior to any work in the public right -of -way, an Encroachment Permit must be obtained from and applicable fees paid to the Public V Iorks Department. 6.9 Existing sewer, domestic mater, reclaimed Neater, and storm drain service laterals shall be utHizad NiA,rhenever possible. 6.10 Removal of awdsting driveways along lain Street and replacement Ni '\pith curb, gutter and sidewalk Avenue shall conform to City of Tustin Public AlAlorks standards and current federal Americans IDisabilily Act (ADA) requirements. 6.11 The applicant shall relocate °the existing underground drain pipe a�jAiay from the existing street light per the City of Tustin Public Y'Vorks Department Standards. 6.12 The applicant shall replace in kind all brick pavers damaged in the public alley caused by the construction of the project and/or undergrounding of utilities. 6.13 The applicant shall design and reconstruct the drive approach along 145 �A'J. Main Street to the most current City of Tustin's public Works Standard and meet the most current ADA requirements. Written permission from property owner(s) shall be required for any work located on adjacent property. 6.14 Prior to issuance of a _building permit, the applicant shall obtain approval of the design for all construction within the public right -of -way (along Main Street and within the public alley). These improvements shall be completed prior to issuance of Certificate of Occupancy. A separate 24" :,;� 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: a) Curb and gutter d) Domestic Mxatsr facilities b) Sidewalk, including curb ramps e) Sanitary serer facilities for the physically disabled f) Landscape /irrigation c) Drive aprons g) Underground utility connections Resolution 4197 DR 2012 -002 and CUP 2012 -06 Gages 5.15 \ 24" x 35" reproducible conssruation area trafflo control plan, as prepared by a Cafifornia Re &`M_red Traffic Engineer or Civ l engineer experienced in this type of plan preparation, may be required. 6.16 In addition to the normal full -size map and plan submittal, all final maps and plans including, but not limited to, trait maps, parcel maps, right -of -way maps, records of survey, public Aj,jorks mprovemonts, private infrastruoture improl>ements, finial grading plans, and site plans shall be submitted to the Public Works Department in Computer aided design and drafting (CADD) format to the satisfaction of the pity EngIneer. The standard file format is AutoCAD Release 2007, or latest version, having the e .xtension "°DVAIG ". All layering and linotype conventions are AutoCAD -used (latest version available upon request from the Public 'VVorks Department. The CADD files shall he submitted to the City at the time plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City WATER SERVICES CONDITIONS: 7,1 In accordance Ns�i,sh the plans, a (back imjv prevention device may be required to project the public �,jajater system from cross conneotions. 7.2 if a double check do-Ieotor assembly (DCDA) is required, an easement for public utility access purposes must be dedicated to the City of Tustin. The easement shall start from ��he pubfic right -of -way up to the DCDA with a rninimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance, 7.3 if a IbuiUnq sprinkler system is required by the Orange County Fire Authority (OCG A), 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. 7.4 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 '10 pre'vent cross- connection with the puibfic water system. 7.5 Any easements for construction and maintenance of public water facilities within private property shall be redeemed and approved by the Pubflc Works Department prior to recordation with the Orange County Clerk- Recorder. The applicant shall submit a legal description and sknalch of the area to the llubflc Works Department ResoL lion 4197 DR 2012 -002 and CUP 2012 -06 pea gs 7 for re -Jeiki and approval, as prepared by a California Registered CMI Engineer or California Licensed land Cuniayor. 7.6 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonmen'l' of all existing City of Tustin public �A>ater facili�Jes ai ected by the proposed project. 7,7 prior to issuance of an encroachment permit or receiving Aj�jater service from the City of Tuadn, the applicant sell provide a written releaselapproMal from the East Orange County Water District (ECCWD). The applicant shall submit a water permit application to EOCWD, and is responsible for all application, connection and other EOCWD fees. 7.8 The adequacy of a proposed water system plan for a proposed development project, including the number, size and distribution of fire hydrants, must be reNJ- -wed by the Orange County Fire Authority (OCFA). Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. 7.9 The ,proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. MISCELLANEOUS CONDITIONS: 8.1 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 vAl comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50% of the project waste material. S. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted A]Afaste Management Galan, the cash security deposit will be determined by the Pubfic Works Department in are 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 ". 8.2 prior to issuance of a -Suild °ng Permit, 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 PuNc Works Department) shall be required. The fee rate schedule automatically increases on duly 1`1 of each year. Rasoluticn 4197 DR 20112 -002 and CUP 2012 -0e Page a &3 Pftr M issuance of a Building Fermis, the applicant shall provide liAiritten approval prom °the Orange CcuntY Sanitation District (OCSD) for servioe connections to the Public VAIoTks Department, AG 1, A HIUEC T UAE 9.1 All final exterior colors and textures shall be subject to ra viomj?v and approval of the Community Development Department and find inspection. Colors, materials, and textures sell be noted in construction Mans. 9.2 All mechanical and electrical fixtures and eguipmenZ sell be adequately screened subject to review and approval by the Community Development Department. The screen sell be included as an element of the overall design of the project and blend vwith architectural design of the building. All electrical, mechanical, and electrical fixttures shall be depicted and noted on the construction drawings. 9.3 All 8Xterior on-site light fixtures shall consist of decorative fixtures compatible �j,+vith this Old Town theme and architecture of the building. Colored cut - sheets shall be submitted for and approvval. All light fixtures shall be subject to revie?,�i and approval of the Community Development Director. 9.4 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. 9.5 prior `so the issuance of building permits, the applicant shall ensure that the final treatmnant9details of all building elevations and architectural plan details shall be subject to review and approval by the Community Development Department. LA�10 _SCAPING/ HARDSCAPE 10J 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. 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 revieti\v and approval by the Community Development Director. Q. 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 RssoLton 4197 DIR 2012 -002 and CUP 2012-06 Page, 9 along the south property lone shall be subject to review and appro�ml by the Community Development Director. C. The applicant shall submit a revised materials board lden Jfying the type, color and texture of the proposed decorative pavers subject to review and approval o"the Community Development 'Director. D. Include a summary table idemJfying 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. E. ChoNjAi all property lines on the landscaping and irrigation plans, public right -of- v,jay areas, sidewalk widths, parkvjay areas, and �J'klall locations. F. The CommunRy Development Department may request minor substitutions of plant materials or request add °otional sizing or quantity of materials during plan check. G. Auld a note that coverage of landscaping and irrigation materials is subject to inspection at project completbrn by the Community Development Department. H. All .plant materials shall be installed in a healthy vigorous condKUon typical to the species and shall be maintained it a neat and healthy condition. l ilaintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular �jiratering, and replacement of diseased or dead plants. USE RESTRICTIONS 11.1 In the event that the City implements programs and regulations to create a parking assessment d °strict(s), the property owner and all successors in interest shall not contest and must participate in the implementation of such programs and regulations. 11.2 No ou"-door storage is permitted, except as approved by the Tustin Community Development [Director. 113 The authorization to serge alcoholic beverages on -site is subject to the use remaining as a restaurant. Any change to the use shall require review and approval by the Community Development Director. This approval authorizes a Type 47 ABC license (on -site general sales) in conjunction with a bona fide public eating place. Any changes and /or upgrades to the Alcohol °c Beverage Control license shall be reviewed and approved by the Community Oevelopment Director. Resolution 4197 DR 2012-002 and CUP 2012-06 Page 10 11.4 Business hours are limited to the following: 11:00 PM during weekdays and until 12:00 AM on weekends Sales of alcohol shall be limited to the hours when food is available. Modifications to the hours of operation may be approved by the Community Development Director if it is determined that no impacts to the surrounding tenants or properties will occur. 11.5 No off-site sale or consumption of alcohol is authorized, except partially consumed bottles of wine as authorized in Business and Professions Code Section 23396.5. 11.6 The menu of the restaurant shall consist of foods that are prepared on the premises. 11.7 Any cocktail lounge or bar area within the restaurant shall function as a food and beverage service bar. 11.8 Any live entertainment provided at the project site shall comply with TCC Section 3231 et seq. regarding Live Entertainment. 11.9 All persons serving alcoholic beverages within a restaurant establishment must be 18 years of age or older and supervised by someone 21 years of age or older. The supervisor shall be present in the same area as point of sale. 11.10 The gross annual sales receipts shall be provided upon request to the Community Development Department. To verify that the gross annual sale of food exceeds the gross annual sales, an audited financial statement shall be provided for review and approval by the Community Development Director annually. If the audited financial statement demonstrates that the sale of alcohol exceeds the sale of food, the sale of alcoholic beverages shall cease immediately. 11.11 "No Loitering" signs shall be placed near the entrance on the outside of the premises or in other specified locations where alcoholic beverages are sold. 11.12 Business operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. FEES 12.1 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 Resolution A197 DFI, 2012 -002 and CUP 2012 -06 "age 11 rsqu rad based upon those rates in affect at the time of payment and are subject to change. A. S ullding plan check and perms ,! fees to the Community Development Department. D. Orange !County Fire Authority plan check and inspection Fees m the Cornmur� ,ty Development Department. C. Private improvement plan check and permit fees to the Community Development Department. D. VA]dsten approval from the Orange Coen °ty Sanitation District No. 7 for SMiAler Connection Fees. E. New development to to the Coo°nmuni,ty Development Department based upon the most current schedule. F. School facilities fee to Tustin Unified School District based upon the most current schedule. goof of payment shall be provided to the Community Development Department prior Ito issuance ofi bu lding permits. G. payment of the `vMiajor Thoroughfare and Bridge Fees in effect at the time of is . ance of a building permit to the Tustin Public Wore Department. H. Applicable parking fees as reqOmad by Ordinance No 1416. L Within forty -eight (AS) hours of approval of the subject project, the applicant shall deliiver to the !Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fi,11y 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 CaliforNa Environmental Quality Act could be significantly lengthened.