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The City Council of the City of Tustin does hereby resolve as follows:
The City Council finds and determines as follows:
A. That a proper application for Design Review 2012 -002 and
Conditional Use Permit 2012 -06 have been submitted by Chris Miller
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 -06);
B. That 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 considered and provided recommendation to the City
Council for Design Review 2012 -002 and Conditional Use Permit
2012 -00. 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. That 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, 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) allows alcoholic beverage sales establishments subject
Resolution No. ••
Page of
to the provision set forth in Section 9271dd and Tustin City Code FMS
Section 9264a allows for parking facilities to be used jointly subject to
the approval of a Conditional Use Permit;
D. That pursuant to TCC 9252J3(d) (Ordinance No. 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 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 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 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;
F. That Design Review 2012-002 and Conditional Use Permit 2012-06
was noticed, and considered, on June 12, 2012, by the Planning
Commission at which time Resolution No. 4197 was adopted which
recommended City Council approval of Design Review 2012-002
and Conditional Use Permit 2012-06;
G. That the project was duly noticed, and considered at a public
hearing on July 17, 2012, by the Tustin City Council;
H. 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
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 Quality Sub-element;
That the proposal for mixed use which include a restaurant/retail 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 project is consistent with and compatible to
the Old Town uses in that the proposal is similar to other mixed uses
that 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;
Resolution No. 12-69
Page 2 of 8
J. 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
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.
K. That a 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
Resolution No. 12-••
'•,age 3 • 8
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.
2. The proposed project is considered to be relatively small.
3. The proposed project has incorporated building or site design
enhancements that make it an outstanding addition to Old
Town Tustin.
4. The proposed project provides some onsite parking, but is
aesthetically superior to one that provided all required parking
on site.
5. The project applicant is conditioned to pay an annual fee for
each public space not provided on site.
L. The Old Town Parking Exception Fee was established at $60 per
space through City Council Resolution No. 12-27 and the applicant
has requested a parking exception and agreed to pay an annual fee ME
for spaces not provided on-site;
M. That a Parking Exception Agreement has been prepared in
accordance with Ordinance No. 1416 for City Council consideration
and is attached hereto as Exhibit B;
N. That in determining whether to recommend approval of the Design
Review, the City Council 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 located along Main 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 will serve to
enhance the subject site and augment the Old Town
commercial district.
�0-\`esolution Ro. 12-616
Page • • V
2. The proposed structures and associated improvements are
ry harmonious with the highest standards of improvements in the
surrounding area and Tustin community.
3. 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.
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 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 parking lot, and
trash enclosure have been oriented away from Main
Street.
c. Exterior materials and colors: The proposed materials
(brick, stucco, wrought iron, glass, and 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 will
also accentuate the building's architecture and give a
clean look to the fagade. The proposed brick veneer
features a subdued gray color and flat stucco texture
variation that will provide a modern dimension to the
building.
d. Type and pitch of roofs: The proposed flat roof with
parapet and extended parapet walls create a modern
version of the neo-classical style which emphasizes
simplicity and can be seen throughout Old Town along
Main Street and El Camino Real.
e. Size and spacing of windows, doors, and other openings:
The proposed building has been designed to reflect T
Resolution No. 12-&.*
Page 5 of 8
classic Old Town commercial building with a
contemporary emphasis 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.
f. 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 Main 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 Town Tustin.
h. Appearance and design relationship of proposed
structures 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 mixed uses
including Prospect Village and 170 El Camino Real.
These buildings have a zero-setback along the front
elevation and both include retail and residential uses WIN
Resolution No. 12-69
Page 6 of 8
O. That the project is determined to be categorically exempt
categorically exempt from further environmental review pursuant to
the California Environmental Quality Act (CEQA) Section 15332,
Class 32, "in-fill development projects."
11. The City Council hereby adopts Resolution No. 12-69 approving Design
Review (DR) 2012-002 and Conditional Use Permit (CUP) 2012-06 to
authorize the demolition of an existing building and construction of a mixed-
use development, joint use parking, a parking exception and agreement, and
the sale of alcoholic beverages in conjunction with a proposed restaurant
use for the project at 125 W. Main Street located within the Central
Commercial (C-2) Zoning and the Combining Parking (P) and Cultural
Resources (CR) Overlay Districts, subject to conditions contained in Exhibit
A attached hereto.
PASSED AND ADOPTED by the City Council of the City of Tustin at a
regular meeting held on the 17th day of J
ATTEST:.—
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Resolution No. 12-69
-Wage 7 of •
STATE OF CALIFORNIA )
COUNTY OF ORANGE Ss
CITY OF TUSTIN
1, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the members of the
City Council of the City of Tustin is five; that the above and foregoing Resolution
No. 12-71 was duly passed and adopted at a regular meeting of the Tustin City
Council, held on the 17th day of July 2012, by the following vote:
COUNCILMEMBER AYES: Nielsen, Murray, Amante, Gavello, Gomez (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
57,
A
PAMELA STOKER`--
City Clerk
Resolution No. 12-••
Page 8 • 8
EXHIBIT A
DR 2012-002 AND CUP 2012-06
I GO-
momeam", RESOLUTION NO- 12-A9
CONDITIONS OF APPROVAL
GENERAL
1.1 The proposed project shall conform with the Tustin City Code and standards and
be consistent with submitted plans for the project date stamped July 17, 2012,
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.
1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified or prior to the issuance of any building permits for the
project, subject to review and approval by the Community Development
Department.
1.3 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.
1.4 Approval of Design Review 2012-002 and Conditional Use Permit 2012-06 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 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.
1.6 Conditional Use Permit 2012-06 may be reviewed on an annual basis, or more
often if necessary, by the Community Development Director. The Community
Development Director shall review the use to ascertain compliance with conditions
of approval. If the use is not operated in accordance with Conditional Use Permit
2012-06, or is found to be a nuisance 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 Code Section 1162(a).
1.8 Prior to issuance of any permits, approval of a Lot Line Adjustment to combine the
two existing parcels into one parcel shall be obtained and recorded. Clear title to
the entire parcel shall be required. In the event that the alley along the western
property line is not abandoned and not made part of the legal lot, the proposed
building square footages shall be reduced proportionately so as not to exceed the
allowable Floor Area Ratio (FAR).
1.9 Prior to the issuance of a Building Permit, the applicant shall 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 47). A copy shall be provided to the City prior to operating the upgraded
alcoholic sales.
1.11 Approved uses shall operate within 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 Permit, as provided for the Tustin City Code.
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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 limited 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 (service code PR1 45).
3.2 Prior to issuance of a building permit, the applicant or responsible party shall
submit the architectural (service codes PR200-PR285), when required by the
OCFA "Plan Submittal Criteria Form".
3.3 Prior to issuance of a building permit, the applicant or responsible party shall
submit the underground piping for private hydrants and fire sprinkler systems
(service code PR470-PR475).
3.4 Prior to concealing interior construction, the applicant or responsible party shall
submit the sprinkler monitoring system (service code PR500)
3.5 Prior to concealing interior construction, the applicant or responsible party shall
submit the fire sprinkler system (service codes PR430-PR455).
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
www.ocfa.org and clicking on "Fire Prevention" and then "Planning & 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 approved site and landscaping plans.
4.2 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 all
work shown on the grading plan, including grading, drainage, water, sewer 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.
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 WQMP shall identify: the
implementation of BMPs, the assignment of long-term maintenance
responsibilities (specifying the developer, parcel owner, maintenance
association, lessees, etc.), and reference to the location(s) of structural BMPs.
5.2 Prior to submittal of a final 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 final WQMP.
5.3 Prior to issuance of any permits, the applicant shall record a "Covenant and
Agreement Regarding 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 final WQMP.
5.4 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.
PUBLIC IMPROVEMENT CONDITIONS:
6.1 The proposed awnings along Main Street shall be reviewed and approved by the
City of Tustin Community Development Department:
6.2 The applicant shall provide a four (4) 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.
6.3 Prior to any construction of the planters and awnings in the public rights-of-way,
the property owner shall submit an encroachment permit application, two (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 review 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 (minimum) has been issued, naming the City as an additional
named insured, and containing a provision that the policy will not be canceled,
coverage materially modified, or limits of liability reduced or changed without
such notice to the Public Works Director. The permittee shall maintain insurance
for the duration of the encroachment permit.
6.5 The encroachment permit and liability insurance shall be renewed every year by
the permittee.
6.6 Any damage done to existing public street improvements (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 (ADA) 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 Surveyor, shall be submitted to the Public Works Department for
review and approval.
6.8 Prior to any work in the public right-of-way, an Encroachment Permit must be
obtained from and applicable fees paid to the Public Works Department.
6.9 Existing sewer, domestic water, reclaimed water, and storm drain service laterals
shall be utilized whenever possible.
6.10 Removal of existing driveways along Main Street and replacement with curb,
gutter and sidewalk Avenue shall conform to City of Tustin Public Works
standards and current federal Americans with Disability Act (ADA) requirements.
6.11 The applicant shall relocate the existing underground drain pipe away from the
existing street light per the City of Tustin Public Works 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 W. 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" 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:
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
6.15 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 IBM
of plan preparation, may be required. 11111111111
6.16 In addition to the normal full-size map and plan submittal, all final maps and
plans including, but not limited to, tract maps, parcel maps, right-of-way maps,
records of survey, public works improvements, private infrastructure
improvements, final grading plans, and site plans shall be submitted to the Public
Works Department in computer aided design and drafting (CADD) format to the
satisfaction of the City Engineer. The standard file format is AutoCAD Release
2007, or latest version, having the extension "DWG". All layering and linotype
conventions are AutoCAD-based (latest version available upon request from the
Public Works Department). The CADD files shall be 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.
6.17 An adequate size trash enclosure with solid metal, self-closing, self-latching gates
is required to be located on the property and maintained in a clean and sanitary
condition.
Said enclosure shall be screened by a solid wall at a minimum height of six (6) feet. ME
00
The actual location of the enclosure and types of screening and details of the
enclosure shall be submitted at building plan check and are subject to approval by
the Community Development Department. The location of the bin, size, and
quantity shall be reviewed and accepted in writing by Public Works.
WATER SERVICES CONDITIONS:
7.1 In accordance with the plans, a backflow prevention device may be required to
protect the public water system from cross connections.
7.2 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.
7.3 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.
M
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 to prevent cross-connection with the public water
system.
7.5 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.
7.6 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.
7.7 Prior to issuance of an encroachment permit or receiving water service from the
City of Tustin, the applicant shall provide a written release/approval from the East
Orange County Water District (EOCWD). 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
reviewed 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.
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 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".
8.2 Prior to issuance of a Building 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 Public Works Department) shall
be required. The fee rate schedule automatically increases on July 1st of each
year.
8.3 Prior to issuance of a Building Permit, the applicant shall provide written approval
from the Orange County Sanitation District (OCSD) for service connections to the
Public Works Department.
ARCHITECTURE
9.1 All final exterior colors and textures shall be subject to review and approval of the
Community Development Department and final inspection. All colors, materials,
and textures shall be noted in construction plans and are subject to field
verification prior to issuance of Certificate and Occupancy.
9.2 All rooftop mechanical and electrical fixtures and
screened subject to review and approval by
Department. The screen shall be included as an
the project and blend with architectural design
mechanical, and electrical fixtures shall be
construction drawings.
equipment shall be adequately
the Community Development
element of the overall design of
of the building. All electrical,
depicted and noted on the
9.3 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.
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 to the issuance of building permits, the applicant shall ensure that the final
treatment/details of all building elevations and architectural plan details shall be
subject to review and approval by the Community Development Department.
LANDSCAPING/ HARDSCAPE
10.1 Submit at plan check complete detailed landscaping and irrigation plans for all
landscaping areas consistent with adopted City of Tustin Landscaping
requirements. The plans shall include the following:
A. 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.
B. 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.
C. The applicant shall submit a revised materials board identifying the type, color
and texture of the proposed decorative pavers subject to review and approval
of the Community Development Director.
D. 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.
E. Show all property lines on the landscaping and irrigation plans, public right-of-
way areas, sidewalk widths, parkway areas, and wall locations.
F. The Community Development Department may request minor substitutions of
plant materials or request additional sizing or quantity of materials during plan
check.
G. Add a note that coverage of landscaping and irrigation materials is subject to
inspection at project completion by the Community Development Department.
H. 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.
10.2 The applicant shall make every effort to retain the existing ficus tree located in
the City right-of-way. In the event the trees cannot be saved, any proposal for
replacement shall be a size and specimen (i.e. Tabebula Avellanedae)
acceptable to the City Engineer/Public Works Director.
USE RESTRICTIONS
11.1 In the event that the City implements programs and regulations to create a
ORION parking assessment district(s), the property owner and all successors in interest
shall not contest and must participate in the implementation of such programs
won
and regulations.
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11.2 No outdoor storage is permitted, except as approved by the Tustin Community
Development Director.
11.3 The authorization to serve 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 Alcoholic Beverage Control License shall be
reviewed and approved by the Community Development Director.
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.
PRO
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 IN
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
required based upon those rates in effect at the time of payment and are subject
to change.
A. Building plan check and permit fees to the Community Development
Department.
B. 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.
F. 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.
G. 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.
H. Applicable parking fees as required by Ordinance No 1416.
I. Within forty-eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development Department, a
cashier's check payable to the COUNTY CLERK in the amount of 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.
• f i •
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Director of Community Development
300 Centennial Way
Tustin, CA 92780-3767
Space Above This Line For Recorder's Use Only
Fee Exempt per Govt Code Section 6103
CITY OF TUSTIN
OLD TOWN PARKING EXCEPTION AGREEMENT
This Old Town Parking Exception Agreement ("Agreement"), dated this day of
2012 is entered into by and between the City of Tustin ("City"), and PJ Jahangiri of Pacific
Maintenance and Repair, Inc., owner of the property located at 125 W. Main Street, Tustin
("Owner")
MEN=
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OHIO
RECITALS NO
WHEREAS, the Owner owns certain Property as more particularly described in Exhibit NONNI
"I" to this Agreement, attached hereto and incorporated by reference as if fully set forth herein
(the "Property"); and
WHEREAS, Property is located within the Cultural Resources (CR) and Parking Overlay
(P) Districts, and in both the Central Commercial (C-2) District and the Old Town Commercial
General Plan land use designation as established by the Tustin City Council; and
WHEREAS, the development planned for the Property (the development is hereinafter
referred to as "Project') requires a certain number of parking spaces to satisfy the off-street
parking requirements of the City of Tustin Zoning Code in effect as of the date of this
Agreement (hereinafter referred to as "Zoning Code"); and
WHEREAS, on February 19, 2008, the Tustin City Council approved a comprehensive
Parking Study for Old Town Tustin which determined that Old Town had a significant amount of
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available public parking and that modem parking standards were an impediment to the area's
economic development; and
WHEREAS, on April 3, 2012, the Tustin City Council adopted Ordinance No. 1416
establishing a new parking exception option in the Zoning Code, applicable to development in
the commercial area of Old Town Tustin, that allows all or a portion of a project's required
onsite 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 ("Old Town Parking
Exception"); and
WHEREAS, Owner submitted an application for Design Review 2012-002 and
Conditional Use Permit 2012-06 proposing development of the Property which included a
proposal to utilize the Old Town Parking Exception, for twenty (20) parking spaces required by
the Zoning Code, but which will not be provided onsite.
WHEREAS, on June 12, 2012, the Tustin Planning Commission considered Design
Review 2012-002 and Conditional Use Permit 2012-06, determined that the Project met certain
findings established by Ordinance No. 1416, and adopted Resolution No. 4197 recommending
approval of the Project and the use of the Old Town Parking Exception as satisfying the parking
requirements set forth in the Zoning Code; and
WHEREAS, on July 17, 2012, the City Council approved Resolution *No. 12-69
approving Design Review (DR) 2012-002 and Conditional Use Permit (CUP) 2012-06 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 with a
restaurant use and parking exception and agreement for the project at 125 W. Main Street..
WHEREAS, Condition No. 1.9 of Resolution No. 12-69 requires the Owner to execute
and record an agreement requiring the payment of an annual fee in accordance with the Old
Town Parking Exception for each Project parking space not provided onsite.
WHEREAS, the Old Town Parking Exception program is granted as a privilege and not
as a matter of right; and
Page 2 of 11
WHEREAS, the execution of a valid written Agreement as described above, and the
satisfaction of certain other conditions, would allow the Project on the Owner's Property to
qualify for a Certificate of Occupancy upon completion of the Project; and
NOW, THEREFORE, the City and the Owner hereby agree as follows:
GENERAL PROVISIONS
Section 1.00 Conferring Parking Exception to Owner
Section 1.01 Location of Proiect Site
The Project site is located at 125 W. Main Street, within the Cultural Resources
(CR) and Parking Overlay (P) Districts, and in both the Central Commercial (C-2) District and
the Old Town Commercial General Plan land use designation as established by the Tustin City
Council, and as described in the legal description set forth in "Exhibit I" hereof;
Section 1.02 Designation of Parking Exception Spaces
The City hereby designates twenty (20) parking spaces generally located within
the Old Town commercial area as available for Parking Exception Spaces purposes for the
uses proposed and approved for Design Review 2012-002 and Conditional Use Permit 2012-
06. The final number of Parking Exception Spaces confirmed by this Agreement may be
adjusted in accordance with Section 1.06, below. The City reserves the right to redesignate, by
subsequent written notice to Owner, the location of the Parking Exception spaces.
Section 1.03 Conferring of Parkins Exception Spaces
The City hereby confers all rights and obligations for use of the Parking
Exception Spaces on the terms and conditions provided herein. In consideration thereof, the
Owner agrees to the terms and conditions set forth in this Agreement.
Section 1.04 Rights and Obligations Pertaining to Parking Exception Spaces,
The City hereby provides, and the Owner hereby acknowledges, that the Parking
Exception Spaces are being conferred on the Property in order to satisfy the parking
Page 3 of 11
requirements for the specific use approved by Design Review 2012-002 and Conditional Use
Permit 2012-06. Neither the Old Town Parking Exception program nor this Parking Exception
Agreement grants Owner any right or privilege to use the Parking Exception Spaces greater
than those rights and privileges enjoyed by the public generally. No property interest in the
actual spaces themselves is being transferred, granted, or conveyed to Owner. In addition, the
location of employee parking shall be determined by the City.
Section 1.05 Parking Exception Spaces to Remain with the Property
The convenants, terms, conditions, and restrictions of this Agreement shall be
binding upon, and inure to the benefit of the Parties to this Agreement and their respective
successors, representatives, heirs and assigns, and shall continue as a servitude running in
perpetuity with the property. Owner agrees to notify the City in writing prior to any conveyance
of the Property.
Section 1.06 Adjustments to Number of Parking Exception Spaces
In the event that the actual use of the Property requires a number of Parking
Exception Spaces different from the number assigned by Section 1.01, then the actual number
of Parking Exception Spaces conferred shall be agreed to in writing by the City and Owner as
provided in Section 3.07 (Written Amendment).
Section 1.07 Time for Obtaining Certificate of Occupancy
The Owner shall have two (2) years from the date of this Agreement to obtain a
Certificate of Occupancy for the Project from the City of Tustin, unless the Director of
Community Development extends such period in writing based on a finding that the delay was
due primarily to factors outside the control of Owner. If a Certificate of Occupancy is not issued
by the Community Development Department by this date, this Agreement shall terminate and
all Parking Exception Spaces shall automatically revert to the City. A copy of the Certificate of
Occupancy shall be appended to this Agreement and shall be recorded by the City.
Page 4 of 11
Section 1.08 Use of the Property,
The Owner agrees to use and otherwise operate the Property in conformance lwio
with the Design Review 2012-02 and Conditional Use Permit 2012-006 and this Agreement.
Section 2.00 Payments by Owner
Section 2.01 Parking Exception Fee
The "Parking Exception Fee" shall be the amount of $60.00 for each Parking
Exception Space, per year, as may be modified at any time by Resolution of the Tustin City
Council. The Parking Exception Fee shall be due and payable in full by July I" of each year
and every portion of a year when the Agreement is in effect and, therefore shall not be prorated.
As an alternative, the City may arrange to collect the Parking Exception Fee
through an annual assessment collected by the County Tax Assessor at the same time and in
the same manner as County taxes are collected, and all laws providing for the collection and
enforcement of County taxes shall apply to the collection and enforcement of the assessments,
The Parking Exception Fee shall remain in effect until such time that the Parking
Exception Spaces are no longer conferred by the City.
The Owner or successor of interest shall not oppose and shall participate in any
and all efforts by the City to establish a Vehicle Parking Assessment District or Business
Improvement Area intended to supplement public parking in the area.
Section 2.02 Amount of Parking Exception Fee to be paid by Owner
Based upon the number of Parking Space Exceptions conferred by this
Agreement, the Owner agrees to the following annual payments ("Owner Payments"): $60.00 X
20 Parking Exception Spaces = $1,200.00 total initial annual payment. If the number of Parking
Exception Spaces is ever adjusted pursuant to Section 1.06, then the total amount of Parking
Exception Fees due shall be adjusted accordingly.
Page 5 of 11
Said Owner Payments are due and payable as stipulated in Section 2.01. There
shall be a late fee of twenty percent (20%) for each month payment is not made in addition to
any other collection fees for payments not received by the City by the due date set forth in this
Agreement. Failure of the Owner to make payment of the annual Owner Payments installment
by the due date shall be considered a default and shall entitle the City to exercise the remedies
stated in Section 3.01.
If County Assessor Owner Payment collection is not implemented as stipulated
in Section 2.01, the City will send the Owner a written notice stating the amount of Owner
Payments due, including any adjustment made by Resolution of the City Council, no less than
thirty (30) days before the due and payable date for each annual Owner Payment. Such notice
shall be provided to the Owner for the Owner's convenience only. Failure of the City to provide
such notice does not relieve Owner from fulfilling its obligation to pay such Owner Payment.
Section 2.03 Adiustments to Owner Payments
As stipulated in Section 2.01, and pursuant to the Mitigation Fee Act
(Government Code § 66001(a) et al), the Tustin City Council may modify the Parking Exception
Fee at any time by Resolution of the Tustin City Council. Further, in accordance with Section
1.06 of this Agreement, the amount of Owner Payments may be increased or decreased to
reflect the actual number of Parking Spaces required for the use of the Property.
Section 3.00 Miscellaneous Provisions
Section 3.01 Default
In the event Owner materially defaults in any of its obligations hereunder, the
City may declare a default and terminate this Agreement by written notice to the Owner. The
notice shall specify the basis for the default. The Agreement shall terminate unless such
default is cured before the effective date of the termination stated in such notice, which date
shall be no sooner than twenty-one (21) days after the date of the notice. Upon termination, the
Page 6 of 11
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City may then take any action under the procedures then in effect to revoke Design Review ORION
2012-002 and Conditional Use Permit 2012-06, Certificate of Occupancy, building permit or
other authorization applicable to the Property if the parking requirements are not otherwise met.
The City shall be entitled to retain all Owner Payments due to and through the termination date
(and any applicable late fees).
Section 3.02 No Assignment
Other than any conveyance to a successor in interest to the Property, as set
forth in Section 1.05, Owner shall not assign or transfer this Agreement or any rights hereunder
without the prior written consent and approval of the City, which may be withheld in the City's
sole discretion. Any unauthorized assignment or transfer shall be null and void and shall
constitute a material breach by the Owner of its obligations under this Agreement. No
assignment shall release the original parties or otherwise constitute a novation.
Section 3.03 Proceeds of This Agreement
All Parking Exception Fees collected shall be deposited into the General Fund
for use in performing maintenance of the public right-of-way and parking facilities in the Old
Town commercial area.
Section 3.04 Attorney's Fees
If any action at law or in equity is brought to enforce or interpret this Agreement,
the prevailing party shall be entitled to reasonable costs and attorney's fees.
Section 3.05 Laws
Owner shall comply with all Federal, State and City laws applicable to the uses
contemplated on the Property which is the subject of this Agreement.
Section 3.06 Applicable Law
Page 7 of 11
This Agreement, and the rights and duties of the parties hereunder (both
procedural and substantive), shall be governed by and construed according to the laws of the
State of California.
Section 3.07 Written Amendment
This Agreement may only be changed by written amendment signed by Owner
and the authorized representative of the City, subject to any requisite authorization by the City
Council. Any oral representations or modifications concerning this Agreement shall be of no
force or effect.
Section 3.08 Severability
If any provision in this Agreement is held by any court of competent jurisdiction
to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this
Agreement, and the remaining provisions shall nevertheless continue in full force and effect as
fully as though such invalid, illegal, or unenforceable portion had never been part of this
Agreement.
Section 3.09 Choice of Forum
The parties hereby agree that this Agreement is to be enforced in accordance
with the laws of the State of California, is entered into and/or is to be performed in the City of
Tustin and that all claims or controversies arising out of or related to performance under this
Agreement shall be submitted to and resolved in a forum within the County or Orange at a
place to be determined by the rules of the forum.
Section 3.10 Duplicate Originals
There shall be two (2) fully signed copies of this Agreement, each of which shall
be deemed an original.
Section 3.11 Time
Time is of the essence in this Agreement
Page 8 of 11
Section 3.12 Notices
Any notice or demand to be given by one party to the other shall be given in
writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as
follows. Notice simply to the City of Tustin or any other City department is not adequate notice.
TO CITY:
DIRECTOR OF COMMUNITY DEVELOPMENT
300 Centennial Way
Tustin, California 92780
TO OWNER PJ Jahangiri
PMR Construction
125 W. Main Street
Tustin, CA 92780
Any such notice shall be deemed to have been given upon delivery, if personally
delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the
date of posting, whichever is earlier. Either party may change the address at which it desires
to receive notice upon giving written notice of such request to the other party.
Section 3.13 No Estate.
Nothing contained in this Agreement, nor the acts of the parties hereto, nor the
acts of any third party shall be deemed or construed to create the relationship of principal and
agent, or a partnership, or a joint venture, or of any association between the parties to this
Agreement. Owner agrees that it will not claim at any time any vested right, property right,
interest, title, leasehold, or estate in the Parking Space Exceptions or the public parking within
the Old Town commercial area by virtue of this Agreement or by virtue of Owner's occupancy,
use or expenditures under this Agreement.
Section 3.14 Destruction of Premises
The Owner and City agree that, if the Project approved by Design Review 2012-
002 and Conditional Use Permit 2012-06 is ever wholly or partially destroyed, and the Project is
considered conforming, the Project may be rebuilt and the provisions of this Agreement shall
remain in full force as described herein. In the event that the Project approved by Design
Page 9 of 11
Review 2012-002 and Conditional Use Permit 2012-06 is considered a legal, nonconforming
structure, any reconstruction shall be governed by the City's nonconforming provisions of the
Tustin City Code. If either the City or the Owner determine that the destroyed Project cannot or
will not be rebuilt, then either party may terminate this Agreement by 15 days written notice to
the other. As of the date of termination, the Parking Exception Spaces shall no longer be used
by the Owner to meet any Zoning Code requirement or to support the parking requirement
underlying Design Review 2012-002 and Conditional Use Permit 2012-06, Certificate of
Occupancy, or other permit. Upon such termination, neither Owner no City shall have any
liability to the other, either on account of the unavailability of the Project or the unavailability of
the Parking Exception Spaces. The liability of the Owner for payments properly due prior to
termination shall survive any termination of this Agreement pursuant to this paragraph.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized representatives as of the date set forth below.
DATED: CITY OF TUSTIN
ATTEST:
Pamela Stoker
City Clerk
APPROVED AS TO FORM:
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M
Jeffrey C. Parker
City Manager
-2
PJ Jahangin
(For 125 W. Main Street)
Page 10 of 11
David E. Kendig
City Attorney
EXHIBIT 'I
All that certain real property situated in the County of Orange, State of
California, described as follows:
PARCEL 1:
Lots 3 and 13 in Block 14 of "A Portion of Tustin City" together with the
East half of the 20.00 foot alley abutting said Lots 3 and 13 on the West,
lying Southerly of the Westerly prolongation of the South line of the
Northerly 10.00 feet of said Lot 3, all in the City of Tustin, County of
Orange, State of California, as per map recorded In Book 4, Pages 218
and 219 of Miscellaneous Records, in the office of the County Recorder of
Los Angeles County, California.
Except the East 10.00 feet of said Lot 13. r
Also except the North 10.00 feet of said Lot 3.
Also except the East 100,0+0 feet of said Lot 3.
PARCEL 2:
Lot 2 and the East 10.00 feet of Lot 13 in Block 14 of "A Portion of Tustin
City ", in the City of Tustin, County of Orange, State of California, as per
map recorded in Book 4, Pages 218 and 219 of Miscellaneous Records, in
the office of the County Recorder of Los Angeles County, California.
Except the North 10 feet thereof.
Also except the East 10 feet of Lot 2.
Assessor's Parcel Number: 401 - 573 -05 and 401- 573 -06
Page 11 of 11
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