Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
DR 2012-003 & VAR 2012-001 GROWERS DIRECT 155 W. FIRST STREET
Li ND A REPO RLT �r -1 " I - .4 , 05 A GE MEETING DA` E. OCTOBEIR 4, 20112 7 n- XONING ADMINI37G ,A7rc)R FRED N - C'Ojl'/� N Y DI IEE_�VELCQXPTT EAT DEPARTMENT , IS JEC u . D_� � C, N, REV E?J'_J ?0` 2-0'0' :3 A\ \ \ID VARIANCE AF11"L CA, 97a R Q�' ARD J G3FI GEL R EzjNG)EL -CI.0 N PAjl\9'Y, A_�FZC H 17 EC75 , 3 AG!7IjN0 7,'\[E AL 7 U0 rf\J, CA 92700 7 PROPERTY 0sRSAIF C3US705 olg NIER- GROWER'S 01REC7 FLOC AVERS 1169 IRV�i'lI= E3Lti710 TUSTIN, CA X2700 LGCA710I1- 135 WEST FIRS7 S7R_�E-; 7, TUSTIN GENERAL p>,A'j\]0 PLANNED COMMU[Ml 'J Y ` OM E ClAUEKJ5�I`9 _F5S ZONING-. FIRST STREET SPECIFIC PLAN ENVIRONMEjl\17AL THIS (PROJECT IS ATE GOF�I ALL _Y _ �EXEP F 7 �CLAs5 3 STATUS: PURSUANT TO S s C T EDN 13303 O� 7�� ��G`7 � M9A ENVIRONMENTAL C)L7QLd 7 Y ACT, IRFFQ,LJ�S 7: DESIGN REVIEW 2012 -003 AND VARIANCE 2012 -001 A REQUEST 70 CONSTRUCT A NEW 2,244 SQUARE FOOT, 2 -STORY RETAILS AI DL OFFICE STRUCTURE WITH FIGHT (8) ON -SITE PARKING STALLS AT 155 W. FIRST STREET. Zoning AdrniniSZTator October 4, 2012 DR 2012 - 003, VAR 2012 -001 Page 2 7 �,OC �N j5j7 t,JFND� JON That the Zoning Administratcr adopt Zoning Administra'I0r 0'Zi0n 12 -005 approNJng Design RevisN/�i 2012 -003 (DR 2012-003 ),Io construct a nevi 2,24/4 square fool, 2 -story retail and office structure ? /Mth eight (8) cn -SKM P@Tking s afls and Variares 2012 -001 (NIAR 2012- 001 ) for a 20% rsduct on in on -sKe parking at 155 VV. First Stree�. APPROVAL AU a X0,'R11Y Pursuart to CC Section 9272, the Communi�Iy Deveioprnent Director is authorized t0 approve [design Rsvbw appii0 �sions and pursuant to a OC 9299b�2)(d), ��he Zoning Administrator is authorized to consider Varance appEcations for a maximum of �bjventy (20) percent reduction in off - street paring. BACKGROUND Location, The project site is boated at the northeast corner of Hrsl &r8st and !C Street and is within the Commercial corridor (Subarea 2) of the First Stmet Specific Dian �jAihere Land Use Regulations (Section allo -vAi Rorisss as a primary use. The silo is loomed just nonth of Old `u olAjn 'I ust n and she Cult -ural resources Overiiay District. Single Family residentiai properties are located north of the parcel; 2 -stork office uses across C Street to the �Yvest; Pappersree Park and Hosel007'flce uses across First Sireei to the sou'lh and southij,\jes; and commercial uses to the east. Access to the site is currents y prove ded from an existing drive Amy on C &beet. #4 i I 1 r 1 z m Zoning Admiro sirator ootobor4, 2012 DF 2Cl2- 003, WAGS 2012-001 Page 3 Use Fclermn t �jAias o,miginally approved by the Planning Commission on February 23, 1276, authorizing a lubrication and rn nom tune -up facility on the property located at 155 W. First TS -0—t. ;-lo lever, on July US, 2002 (resolution jNo. 3837) the Use Permit �,Al2S revoked by the Planning Commission due to a continued violation of the terms of the Use Permit. On June 27, 2005, the Planning Commission approved Use Determn natbn 0.4 -002 to establish indoor one-on -one fitness training as a conditionally permitted use in the Commercial (District of the Hrst Street Specific Plan and conditionally permitted the Liss as part of Conditional Use V ermit 04 -012 at 155 VAI. First str(Set. The approved application also included Design RevismiAj 04 -013 for the demolition of an existing automotiye ssr�jce building and construction of a ns�jv t�j�io -story 2,111 square foot building viith `dive off - street P2Tking stalls to accommodate the proposed use. HmiAmever, the bulling tijvas never constructed as approvad for the fitness facility. In 2008, a nevy property ojvner proposed to construct a neW t`\jo- storY 1,568 square foot retain building at 155 VAlest First Street (Dr 07 -020). It included 6 parking stalls and utilized the existing drive�,tijay for access to the parl%ing area. Due to deterioration of the o,'�isting buildings, and after code enforcement action -to address she public nuisance of the unmaintained buildings, the build °ngs li/ /sere demolished. vlolj✓e ✓er, the proposed project vAias never constructed and, after severai extensions, the entitiement expimed. The property has remained vacant since 2008- PROJECT DESCRIPTION On behalf of the milvnor, the applicant, Prichard Irengel of rengel- ,-Company Arch, itects, is proposing to construct a 2,24,1 square foot two -story building for a florist business that ?dill consist of retail sales on the �fiirst lesvel and accessory office for the business on the second level. A roof deck �/\Jith trellis and facade )jAjill tale up the remainder of the second le 'vel. The proposal includes eight (a) parking stalls and RAJ l reorient the existing drivelvay to accommodate access to the paddng area. The floral business, Gro?//ver's Direct, is currently located in Tustin at 1159 lrvine Boulevard. The business specializes in orchids and other rare plants and spociaHzed arrangements. A portion of the business deals 1jnjith viholesale plant sales. The ,proposed office use on the second level jniif be used for this purpose. Use and Site Devoiooment Standards The project site is designated as Commercial NM'k -hin the First Street Specific Plan (FSSP). Specifically, `the site is ?YJl in Subarea 2 of Unit I as shown in 'Exhibit 6 of the FSSP. This land use designation permits a number of commercial uses as a primary, use permitted by right; including florists, general retail, appliance and hardware stores, and nurseries and garden supply. Zoning AdminiStMtOr October 4, 2012 DR 2312 -303, VAR 2312 -031 Page 4 The maim urn stmctaural height of the district is one -story (18 feet) uniess offices are incorporated on a second °;loon, in which case, the maAmurn height of the building is 28 feet, The proposed building is 28 feet with retail on the first level and an office on °the second level 1j�iNch is consistent with the site development standards. There is no minirnum building site area, and lot coverage is limited by only by setback areas. The setbacks for the project site area are as follows: Front; 10 feet Bode: 0 feet Rear: 20 feet b r , �= C If N SITE PLAN /LAWDSCAPE /FLUOR PLAN xr ,ro• STREET — The structure is ij�Alhin tae alloNjuable setbacks in `that the required front setback from Furst Street is 10 feet and the build °Drug is setback 10 feet; the required side setback is zero and the builcl°ong is on a zero side setback on the east and 1jnjest property lines; the required rear setbaci�, is 20 feet and the building is osier 6'0 feet from the rear property line, Architecture The First Street specific Plan includes design Guidelines established to provide direct technical assistance to property o,�Ajners, merchants, architects and designers, and developers interested in undertaking specific improvements, eased on the Design Guidelines, specific architectural elements that are most actively required include multi - planed roofs, wood siding and arched �j/�jindmjvs. F&t roofs- and irregular, modernistic windo w shapes and rhythm are discouraged elements. The proposed architecture of the nemiaj building incorporates a number of different architectural elements �Atttachman °t C), The buildMg features a flat rood parapet �jAiNch accommodates an open roof deck 'for plant storage, an ofu'ice on the second story, and retail on the first level. The fagade consists of a said finished stucco plaster in beige Zoning Administrator October 4, 2012 CDR 2012 -003, W-UR 2012 -0011 Page 5 Omega products color 232 Sonoma) and turnbled brick vanser (running bond pattern, field, stacked. The brick vAl be used on the lower le-val of all sides o°i the building and on the corner tmivar element v,,,vhich faces RTst street and C Street. Green canvas awnings (Sunbrella 4600 Erin Green) �jvill overhang the �j /Andovjs and upper level openings along Erst Street and C Street (An encroachment permit vAl be raqu red for the avm� ng oNIer112ng above the puMC right- of-A,3ay (Reference Cond °Itbn of Approval A.11). The bUUng entrj, located at an angle facing south�jAjsst, has a double glass door entrance. The �jvest elosvatoon incorporates �jvMcljAjs and an open fagade "NjMndoAjv" to the rooftop trellis. Two roll Lip sectional glass doors on tie fire level facing F Tst Street �jA,Jll accommodate a floral d °splay along the front of the bJUng. Additional �,IlftdoAjvs face C Street along `the first level and am /Ainings ove -rhang each of the 1jAjindovAjs and the opening along C Street. A roll up door and rear access door also face C Street for trash facilities vihich NjAll be located virthin true buiUng beyond the roll up door. the no.Lrkh elevation facing the parting area and residential uses has three horizon °tai glass block vvMolais on the first floor and three openings, tiro Nj,\Mdotij,9s and one French door, ljAjhich pro -,ride access to the rear balcony. he east elevation is SuItU-2ted on the Zero lot line and has incorporated a flat cornice at the roofline. T�,Aio "�,Mndmus" open to the upper trellis are on the second leti>el and tNkjo architez aWral indentations framed in Mck face the neighboring property to the east. ---- --- _._ The applicant os proposing an .- _ � •►�! .� ouwoor usplay of ilo�j/ /vers during business hours (open dally at 8 MV until 7 FNIi), The floral d °splay area is located �j�AtNn the front setback area along Rrst &trset. The display tijMndo?jkjs along the frontage roll Lip to allow display cants to rove in and out of the build °ng. The display cart would be on rolJng wheels and could accommodate flowers for cJsplay and sale. Zoning AdTninu StTator October 4, 2012 DR 2012 -303, VA R 2012 -001 Page 6 (Parking areas are required to be designed consistent livith Section E of the G=SSP. The off - street parking reguiremen °� for senJce commercial use is one space for each 225 square feet of floor area. Based on the proposed square Tootage, a total of 2.97 paring stalls are required. The Sits is currently considering a Code Amendment to update the First Street Specific Plan Ajlrhich �Ajould require fe-visr parking stalls on4te in conformance �jAJth the Parldng Ordinance (I space per 250 square feet of gross floor area). if approved, the on -size parking requirement v7ould be further reduced. The applicant has requested a 20% decrease of on -site parking to accommodate the struc�ure. In accordance �jAAIh T CC Section 9292b(2 )(d) for Variance, a decrease in the number of required off- street parks ng spaces for nonresidential land uses up to a maximum of twenty percent (20 %) may be approved, conditionally approved, or denied by the Zoning Administrator. if granted, a Vadance 'Ykjould alloVI a reduction of t1i' \]o parking stalls for a total requirement of eight (8) parking stalls. Specific findings are required for a Variance �,;Nch may be granted ?jAen the l'ollo�jAiing circumstances are found to apply; /I\ny variance granted shall be subject to such conditions as �,M l assure that the adjustment 'Ihereby authorized shall not constitute a grant of special pThy lege inconsistent Aj?rith the limitations upon other properties in the NJcinity and district in lj/�jhich the subject property is situated. 2) Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the /Zoning Ord °finance is found to deprive the subject property of prix leges enjoyed by other properties in the vicinity and under an identical gone classification. The circumstances surrounding the situation for this parcel are unique in that they create disparities between the appfiicant's property and other properties in the area. The parcel is 5,667 square feet and is located on the corner of First Street and C Street vjith an alley located at the rear north side of the parcel, Residential uses abut the alley to the north. There is no accessibility bet-,ween the parcel that abuts the property to accommodate circulation or shared parking. Throughout Tustin, commercial parcels of this small sire are rare. Other parcels within the Specific Pian area are larger and have better access from First Street. The parcel is one of the smallest within the First Street Specific Plan area and is narrow, being only 42 feet wide along r('irst Street. Due to its narrow width and the distance to the intersection, the site will not accommodate a feasible and safe access point from First Street and limits the design of a Niiable daveloipment. Also, the location of the subject parcel on the corner of .first Street and C Street 1jMth an alley located at the rear north side of the parcel provides only one feasible access along 'S Street and limits viable design options of the on -site parking. The site effectively accommodates 8 par,dng stalls, including the Zoning Adm nr s�rator Octobar , 2012 DR 20112 -003, VAR 2012 -001 Page 7 regUired accessible parking ssall. And ocher Configuration of the additional parsing stalls vmJd require additional aisle space and a less eF'icjaa' parking layout, AddRt onally, she site's corner loca`kJon imposes she MqU remen1: for an ADD compflans ramp. To accommodate the ADA ramp, the myvnar viouid be required so use additional frontage of the property to provide the accessible ramp and landing thereby limi'�Jrg placement of the proposed building and orientasion thereof. The project also has been revie�jAied utilizing BE number of reference docUM8nts including she Tustin Zoning Code, and the First Street Specific plan and Design Guidel ines, The variance is consiatsn'.� �xith she objectives of she Tustin General (Plan and -the Zoning Ordinance in that the Land Use Element includes t'he folloviing City goals and pol°ocies for the long -term grmMlh, devae cpment, and revitaliza� ion of Tustin, including the First 31reet Spscif lc Plan area; 1) Achieve balanced development 2) Ensure tha °' compatible and complemensary devae opment occurs 3) lmprove &Iy- wide urban design 4) Promote economic expansion and divorsificaVon The project is consistent �iuith the site development alandards for ,permitted Lisa, setbacks, height limits, sRe area and lot coverage. Therefore, granting a Variance for alloAynjance of a 20'% decrease in on -site parking 'vnrill not grant special privy ]Sge since she proposed project ?j,�jill be required to comply with applicable development standards, 'design Guidelines, and parks ng standards as other properties in the vicinity. Furthermore, the project ?j✓ill not adversely affect the interests of the public or the interests of other residents and ,property owners Mthin the vicinity of the subject premises. As discussed above, there are unique circumstances on the properly Nylrhich justify, support of a Variance in shat the size, shape and location of the property limit the size and orien'.12tion of the proposed building placement and the number of feasMe on -site parlIdng spaces. DESIGN REVIEW FriMUL 1jMQ 5 In determining whether to approve or deny the application for :Design Review 201 003; the Zoning Administrator must determine that the location, size, architectural features, and general appearance of the project is compatible ti��ith -the surrounding buildings and livIl not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the communitj as a lj�ihole in that; 1. Height, bulk and area of buildings. The site dMialopment standards of she First Street Specific plan are one stony, 18 fbet, unless of-Tices are incorporated on a second floor in �yrhich case the maArnum height is 28 feet. The structure is Zoning Admhs` ator Octob -r 4, 2012 DR 2012 -003, VAR 2012 -001 Page 8 28 feat vAlh retail on the first level and an o flce on the second level vihich is consistent �j?>ith the site development standards. 2. Setbacks and site planning. The s'Iruc ure is tijAdthin the ailoN3vable Setback$ in than the required front setback from First Street is 10 feet and the building is setback 10 feet; the regL&sd side setbac is zero and the building is on a ?ero side setback on the east and �, /Ajest property fines; the required rear setback is 20 feet and the building is over 80 feet from the rear property fine. 3. Ex erior materials and colors. The facade consists of a sand finished stucco plaster in beige (Omega Products color 232 Sonoma) and tumbled brick veneer (running bond pattern, field, stackad). The .'brie �ju ll be used on the to -ever level of all sides of the building and on the corner toNjAjer element which faces !first Street and C Street. Green canvas aNjAjrJngs (Sunbrella 4600 Erin Green) �,naill overhang the ?vindc?jkas and upper level openings along First Street and C Street. The Fs rst Street Specific P an includes [Design Guidelines Ni "which encourage earthtone colors and the use of brick. Therefore, the proposal is consistent NiA!h the Design Guidelines. A, Type and pitch of roofs. The proposed arcNtecture of the new building incorporates a number of arcNtscuural elements. The building features a flay roof parapet N/Ajhich accommodates an open roof deck for plant storage and an office on the second storlj and retail on the first level. eased on the First Street Specific Galan 'Design Guidelines specific architectural elements that are most actively required include multi- planed roofs, �J' 'krood siding and arched windows. Flat roofs and irregular, modernistic �jMndoljv shapes and rhythm are discouraged elements. The design is consistent �Iuith the Design Guidelines. 5. Size and spacing of �, ndmjivs, doors and other openings. Green canvas awnings (Sunbreila 4600 Erin Greens �jvill overhang the Ajv ndolJAas and upper level openings along First Street and C Street. The building entrlj, located at an angle facing southwest, has a double glass door entrance �/AJth a red a?j/vning and an accent tile setting for building signage. The west eleva�lion also incorporates one large aluminum frame NjAjindovj jsvith the arch and foam cornice. The north elevation facing the parkdng area and residential rases has five bi-miA n aluminum frame ajndmjAjs on the second level. A dog ible crash enclosure is located just ),�mst of the secondarj doonjijay to the building which is flanked NjAiith slate columns. The east elevation is situated on the zero lot line and has incorporated a flat cornice at the roofline and a steel v��all trellis inset along the wall. These features are consistent with the First Street Specific Plan Design Guidelines. 6. Roof structures. The roof structure is a flat roof with a corner facade finished in a brick veneer. This design is consistent with the encouraged features of the Zoning Administrator October 4, 2012 DR 2012 -003, VAR 2012 --001 Page 9 First SIrseel Spac F c Flan. Therefore, the daszqign is consistent �jNJ h the raqu Ted Lased on these- findings, staff recommends that that the Zoning Administrator adopt Zoning �drninistrator Action No. 2012 =005 approving Design Review 2012 -003 for the construcVo n of a nSkJn9 IAAjo -story 2,244 squu-- food bufldndg and Variance 2012 -001 for a 20% reduction in ors -sit —s parking at 155 V\,1 --sl First Street. Amy Stonich, Ai!CP Senor Piann8r Attachments; A. Locate on jNlap and Land Use Facl Shost B. ZZ�A„ No. 2012 -005 C. Proposed Project Mans A Y CHIVIENT A LOCATION MAP AND LAND USL FACT K'9EE7 w CL m x U� Co co cr) ai to C) C) C14 04 T- C) Q LO C, 1-4 ci LL C) C) W .c CIO O LL U') u. S. PftOSPECT- AV. H N N TREE PARK WORTH-18—Sr.. ,406TH—"Ar—sr. CL is •B•. s,r. zi At m 41 >t Oct CL =p M E > A Fe A City of Tustin 155 W FIRST 500 FT - [Created: 9/25/2012 2:01:52 PM] [Scale: 382.33] [Page: 8.5 x 11 / Portrait] Overview Map Map Display Legend Street Names + City Limits yr FY' Y f/ Railroad rf DRIVEWAY ,ar HICRAMP ROW ' Easement Private Porcol Lilies Streets Thin r. iCI 2W2.2 w*w,GwPni .N El (L;) Z®ua-g ase®Pnse.net (Ge®Mec, Inc.) - (86e)422 -25 05 PROSPECT PARK N. tANGEWCOD LN. `. 1 Nr ost —,ECr PARKS. �'CvU PARK I'L. 5�I f i SE:: ~ ADMIN. 10 'r- a- 941,ii LAND USE AFIFILMCAMON FACT SHINE 8 SURROUNDING ZONING DESIGNATION: 10 SITE LAND USE: 1 Zoning Administrator Action 12-005 for Design Review 2012-003 (DR 2012-003) and Variance 2012-001 (VAR 2012-001) Northeast corner of First Street and C Street 155 W First Street 1 338 401-532-13 Resolution No. 3837 U 04-002, CUP 04-019, DR 04-018 DR 07-020 North: Residential South: Hotel and City Park East: Retail West: Retail and Office North: R-1 Single Family Residential South: SP 10/ FSSP East: SP 10/ FSSP West: SP 10/ FSSP North: Low Density Residential South: PC Commercial/ Business East: PC Commercial/ Business West: PC Commercial/ Business Existing: Vacant Proposed: Commercial retail General Plan: PC Commercial/ Business Zoning: SP 10/FSSP LAND 'MOZ AIPFLICA711 0M FACT D IS- 7VELOf M1E,j'\17 F-AC 1 S. 1 I SITE AREA 12 BUILDING LOT COVERAGE 13 SITE LANDSCAPING 14 OPEN SPACE: 15 PARKING 16 BUILDING HEIGHT 17 BDILDi'NG SETBACKS 13 OTHER Ui\IIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) 2 PROPOSED GP: Same PROPOSED ZONING: Same 5,467 sq ft MAX. PERMITTED e less setbacks PROPOSED: 30% 7.3% (SIte Landscape areas) REQUIRED: 9.07 PROPOSED: 3 (Variance 2012 -001 for 20% reduction) MAr° WUM: 23 ft PROPOSED: 23 ft REQUIRED PROPOSED FRONT 10 10 SIDE: 0 0 REAR: 20 60-'� NA A TA Hi -NTEN7 ZAA NG. Z012 =D 0 ?C \H?905 A®`idiiMSMAMORACTiON 12Go©O DF-310'�M RFM/!] VI 10124,02 AM B, VARIANCE 20124001 _J) C�ONSYRUC7 A NEW 2,246 SZ 11ARE F007, 2 -5 7 ORY [RETAIL AND 'OFMCE 5 'f'RU C u URE W171-1 17=1 c�H7` -) o N- 517[E STALLS A7 I Z30 AYA]. MR 5T 5 T R -�il The Zoning Administrator of the 'City of Tustin does hereby resolve as folloNjvs: The Zoning Administmtor -finds and determines as follows: A. That a proper application for Design Review 2012-003 (DR 2012 -003)) and9ariance'�12 6l (VAR 2012-001) was filed b Richard J. Range] of Rengel +Company, Architects representing properly owner !Dersain 'Bustos requesting authorization to construct a new 2,24- square foot, 2 -story retail and office structure with eight (8) on -site parking sells at 155 �JAJ. First Street. Design Review is required for the site planning and Variance is req &ad for a 20% reduction in on -site parking; D. That the property has a Hand use designation by the General Plan of PS !Community Commercial /Business which provides for a variety of retail and service commercial apses and is zoned Commercial (Subarea 2) of the First Street Specific Flan whoore Land Use Regulations Section ll Dla(l)(i) lists florists as permitted uses. Furthermore, the project is consistent with the Air Quality Sub - element of the City of Tustin General Plan; C. That I` ust n City Code Section 9272, authOTiZes the Community Development Director 'to approve Design Review applications and Tustin City Code Section 9299b(2)(d) authorizes the Zoning administrator to consider Variance appflcations for a maA um of th.venty percent (20 %) redaction in off - street parking, D. hat the ''location, size, architectural features and general appearance of the proposed development �M l not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole in that: 1) Height, balk and area of buildings. The site development standards of the First Street Specific plan are one story, 18 feet, unless offices are incorporated on a second floor in which case the maximum height is 28 feet. The structare is 28 feet with retail on the first level and an office on the second level which is consistent with the site development standards. 2) Setbacks and site planning. The structure is within the allowable setbacks in that the required front setback from First Street is 10 feet and the building is setback 10 feet; the required side setback is zero and the building is on a zero side setback on the east and west ZA Action 12-005 DR 2012 -003 and VAR 2092 -001 Page 2 properly lines; the required rear setback is 20 feet and the building is over 60 feet from the rear property line. 3) Exterior materials and colors. The fapade consists of a sand finished stucco ;Master in beige (Omega Products color 232 Sonora) and tumbled bfck veneer (running bond patter, field, stacked). The brick will be used on the lower level of all sides of the building and on the corner tower element which faces First Street and C Street. Green canvas av�jnings (Sunhrella 4600 Erin Green) will overhang the NAindov�,is and upper level openings along First Street and C Street. The First Street Specific Plan includes Design Guidelines which encourage ear'thtone colors and the use of brie. Therefore, the prmposai is consistent �jvith the Design Guidelines. Type and pitch Of roofs. The proposed architecture of the new, building incorporates a number of architectural elements. The building features a flat rood parapet which accommodates an open roof deck for plant storage and an office on the second story, and retail on the first level. [used on the First Street Specific Plan Design Guidelines sped is architectural elements that are rr�ost ackv�el required include multi - planed roofs, mood siding and arched windows. Flat roofs and irregular, mod=iSft NMndow shapes and rhythm are discouraged elements. The design is consistent with the Design Guidelines. 5) Size and spacing of Andows, doors and other openings. Green canvas awnings (Sunbrella 4600 Erin Green) will overhang the windows and upper level openings along First Street and C Street. The building entry, located at an angle facing southwest, has a double glass door entrance. T,�Ajo roll up sectional glass doors on the first level facing First Street �,Adll accommodate floral display along the front of the building. The tivest elevation incorporates wMows and an open fapade "win mx" opening to the trellis. Addi`Jonal windows face C Street along the first level and av�jnings overhang each of the �o,9indows and the opening along C Street. A roll up door and rear access door also face C Street. The north elevation facing the parlaing area and residen`Jall uses has three horieon`' al glass bloc windoNxis on the first floor and three openings, lwo ,�Ajindmjvs and one French door, wNch provide access to the rear balcony. The east elevation is situated on the -ero lot line and has incorporated a flat cornice at the roofl°ine. Two 'Wndows" open to the upper trellis are on the second level and o architectural indentations framed in bftk face the neighboring property to the east. These features are consistent vyith the Rrst Street Specific Plan Design WdeNnes. ?A Action 12 -005 DR 2012 -003 and VAR 2012 -001 Page 3 6) Roof structures. The roof structure is a flat roof Frith a corer fapade finished in a brick veneer. This design is consistent with the encouraged features of the First Street Spec §fic Plan. Therefore, the design is consistent NiAilth the required findings. E That a Variance for a decrease in the number of required off - street parking spaces for nonresidential land uses Lip to a maximum of twenty percent (20%) may be granted when the following circumstances ere Found to apply: I That and variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated. The proposed project has been reviewed utilizing a number Of reference documents including the Tustin Zoning Code, and the first Street Specific Plan and Design Guidelines. The proposed use is a permitted use within the commercial land use deslgnation of the First Street Specific Plan and is consistent with other surrounding commercial uses. The project is consistent with the site development standards, setbacks, height limits, site area and lot coverage. Therefore, grantirg a `variance for allowance of 20% decrease in on- site parking will not grant a special ,privilege since the proposed project will be required to comply with applicable development standards, Design Guidelines and parking standards as other properties in the vicinity. The project vAl not adversely affect the interests of the public or the interests of other residents and property owners within the vicinity of the subject premises. 2) That because of special circumstances applicable 'to subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. There are unique circumstances applicable the property which justify support of a Variance in that the size, shape and location of the omoerty limit the size and ourieir'll; iflon of iiihP nrs)no.gtn_rl rNiflIKInri placement and the ember of feasible on -site parking spaces in that: '1 here are unique circumstances surrounding the subject parcel in that they/ create disparities between the appllcart's property and other properties in the area. The parcel is small in size compared to other commercial parcels within the immediate vicinity and 4 Action 11 0 R 1 1 r VAR-2-41,12-114 Page 4 surroundings. The parcel is surrounded with streets and an alley vkihicb limits feasible safe access to the site -and site design for a viable development and parking area. The parcel has a narrmili width of 42 feet along G= rs °s Street which will not accommodate a feasible and safe access point from first Street. The location of the site at the corner of an intersection imposes the requlrement for an ADA compliant ramp requiring additional frontage of the property to accommodate the ramp's slope and landing and thereby limiting placement of the proposed building and orientation thereof. The site can only effectively accommodate eight (') parl�dng stalls, including the required accessible parking stall. Any other configuration would require additional aisle space and a less efficient parking layout. F. That the Design Re✓ie?Ai and VaN2nce are consistent Nivith the objectives of the Tustin Ganer2l Plan and the Zoning Ordinance in that the Land Use Klement includes the follo��ing City goals and policies for the long -term grolwth, development, and revitalization of Tustin, including the First Street Specific Galan urea; 1) Achieve, balanced development 2) Ensure that compatible and complementary development occurs 3) Improve city -Nwide urban design 4) Promote economic expansion and dhiersification O. That a public hearing ? as duly called, noticed, and held for Design Revie 2012 -003 and Variance 2012 -01 on October 4, 2012, by the Zoning Administrator; and i� 1, This project is categorically exempt (Class 3) pursuant to Section 15303 of the California Environmental Quality Act. lI, The Zoning Administrator hereby approves Design 'Review 2012 -003 to construct a new 2,24-4 square foot, 2 -story, retail and office structure with 8 on- site parking stalls at 155 W. first Street and Variance 2012 -01 to allow a 20% reduction in on- site paTking, subject to conditions attached hereto (Exhibit A). ZA Action 12 -005 DR 2012 -003 and VAR 2012 -001 Page 5 PASSED AND ADOPTED by she Zonl g Admn iistmtor of the CKy of Tust n at a ragular meeft held ors the 4th day o°1.October, 2012. EUZ�A ETHA. BINSACK ZONlN9G ADl\iflNlST TOR ADRIANNAE MENIA RECORDING SECRETARY S II ATE O CAUFORNJIA j COUNT , OF ORANGE CITY OF T USTlN 1, ADRIA NIE iDlLE1�iL\, the undersigned, hereby certffy that I am the RecorbHrg Secretary of the Zon1ng Adminostrat ®r of the My of T ustIn, Caffornoa; that Zon1ng Adm n strator Actb n No. 12 -005 'gas passed and adopted at a regular mee -Jng of the a usJn ` onn ng Ad mr n strator, held on th _ 4�h day of October, 2012. ADRIANNE DlL'EVJ RECORDING SECRETARY TONING ADFIi INIST FZA70Q F, D71]D'H 2B1 2- 30 5 C0NE)l71 CC IM 5 C) F A,-F) "DROVAL 0,'L�51ON R�VIFV122 (012 - OC o 2) IAHD VA111 IAIM, EC 231 /2 e31 105 �J\]. FLlP5 l 5':I hhFLi 1 GENERAL (1) 1.1 The proposed project shall substantially conform to the approved plans for the project date stamped 0cl:ober 4, 2012, on file with the Community Development Depar�mant, as herein modllied, or as modified by the Community Development Director in accordance wKh tNs Exhibit. The Director may also approve subsequent minor mod' ications to plans during plan check if such modifications are consistent with provisions of the Tustin City Cole or other applicable regulate cns. (1) 1o2 Unless othemjise specified, the condRo ons contained in this ExNbit shall b, complied Nwith prior to the issuance of any build °ng perm is for the project, subject to revie�yr and approval by the Community Development Director. (1) The project approval sell become nail and void unless permits for the proposed project are issued and substant al construction is underway witNn eighteen (1 8) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Director within thirty (30) days prior to expiration. (1) 1 A Approval of Design Rev, ew 2012 -003 and Variance 2012 -01 is contingent upon °Ihe applicant and property OWner signing and returning to the community Development Department a notarized "Agreement to Conditions lmposed" Form and the property owner signing and recording vJth the County, derv'— recorder a revised, notarized) "Nofte of Discretionary Permit Approval and conditions of Approval" corm. The forms shall be- established by the community Development Director, and evidence of recordation shall be provided to the Community Development Department prior to issuance of buildjng permits. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIDATION (6) LANDSCAPING GUIDELINES (3) UNIFORM EUILDING C OO DCE05 (7) PC /CC POLICY (4) DESIGN REVIEW * ** EXCEPTIONS Exhibit A ZA Action 0t (1) 1.3 The applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its of iCers, employees, agents, and consultants, from any claim, action, or proceeding ;brought by a third party against the City, KS ofTICers, agents, and employees, wNch 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 filly 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) 1,5 Any vbi ation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the Violation exists, subject to the applicable notice, hearing, and appeal process as established by the CRY Council ordinance. (1) 1 �7 The applicant shall be responsible for costs associated with any necessary, code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 13 Use of the floral display area located within the front setback area along First Street is limited to business hours (open daily at 8 AM until 7 RA). All display carts and merchandise shall be removed when the business is not in operation. PL AIM 5M S WIMAL (3) 2.1 At the time of building permit application, the plans shall comply with the latest edition of the codes (2010 California building codes, 2011 Green BuiUrig Code), City Ordinances, State, Federal laves, and other regu ations 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 tu av✓ell, work stations, and sanitary facilities. (3) Z/� Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitay facHil'Jes, drin'kling fountains, and public telephones shall be accessible to persons with disabilities and shall be shown on the plans. (3) /9-2 A note shall be prodded on the final plans that a six (6) foot high chain line fence shall be installed around the site prior to buiUng construction stages. A nylon fabric or mesh shall be attached to the temporary constriction Exhibit A ZA Action 12 -005 DR 2012 -003 and VAR 2012 -001 Page 3 fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (3) 2o,-,3 Pursuant to the City of 1 ustin °s Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the building. The numerals shall be no less than six (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. (3) Z5 The applicant shall comply with all City policies regarding short -term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. (4) 2.9, A note shall be provided on final plans that a six (6) foot high concrete block wall shall be installed along the ease property line. The wall shall include a finish to match the building matSTials (i,e, neutral stucco, brick fagads, etc.) subject to the approval of the Community Development Director. (1) 9. All construction operations inoludiirg engine warm up, delivery, and loading/unloading of equipment and materials shall be subject to the provisions of the City of Tustin 'Noise Ordinance, as amended, and may take place only during the hours of 7:00 a.m. unfi 6:00 p.m., Monday through FJday and 9 :00 a,m. until 5.00 p.m. on Saturday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and saety will not be impaired. (1) A,`I Prior to issuance of a Grading permit, a final grading plan consistent with the approved site and landscaping plans as prepared by a registered !civil Engineer shall be submitted and approved (1 ) 4o2 A Grading bond will be required prior to permit issuance. The engineer's caAao ma$'C 'Afhilchu covers the cost of t '� grandi '�, drainage, and erosion control shall be submitted to the City for approval. u IINS Prior to issuance of any permits, the applicant sl gall submit it for review and approval by the Community Development and Public Works Departments, a Priority Water Quafiity Management Plan ONQ P) and plan check deposit of $2,700.00. The Priority WQJJ✓IiP 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 BMi s. The City of Tustin's mater Exhibit A ZA Action 12-005 DR 2012 -003 and VAR 2012 -001 Page 4 Quality Managernent Galan is available on the City's web site at www to _�i_r�pa. . Prior to issuance of any permits, the property miAmer(s) shall record a declaration of restrictions Nftjith the 'County Clerk Recorder. This declaration binds current and future owner(s) of the property regardGng implementation and maintenance of the structural and non structural BM s as specified in the approved V7QMP. (1 ) 4o4 This development shall comply vvith all applicable provisions of the City of T ustin V \later Q uaflty Ordinance and all Federal, Sate, and Regional VNater Quality Control Board rules and ragUlations. (5) 4.3 Prior to issuance of a grad °ng permit, a separate 24" x 36" street improvement plan, as prepared by a Cafifornia Registered CMl Engineer for all construction within the public right -of -way shall be submitted and approved by the Pubfic Works Department. The construction of the public improvements shall be completed before issuance of Certificate of Occupancy. SaGd plan shall include, but not be limo ted to, the follmAdng; a) Curb and gutter b, &dewalk, includ °ng Curb ramps for the physically disabled c) Drive aprons d) Street paving e) Street lighting -0 Domestic water facilities g) Sanitary se,,wer facilities h) (Landscape /irrigation i) Underground util`oty Connections Catch basin In additicn, a 24" x 36" reproducible construction area traffic control plan, as prepared by a Cal°ofornia Re &tered Tra flc Engineer or CMI En &eer experienced in this type of plan preparation, shall be required. (5) Prior to issuance of a cersificate of occupancy, the applicant Tall complete street improvements on G first Street and C Street along the project frontage consisting of; a. The previously existing onsRe tree has unlif.ed the sidewalk, creating a non -ADA compflant situation aloe C Street to G first Street. The applicant shall remove and replace sidewalk, curb & gutter, adjust and /or replace LiNity vaults, and handicap ramp at C street and First Street to the most current ADA standards. The applicant shall coordinate the adjustment to grade of the utifity, vault cover with the appropriate utility companies. b. Removal of the existing drive approach along C Street and replacement with curb, gutter and sldewalk, and construction of the Exhibit A ZA Actidn 12-005 DR 2012 -003 and BAR 2012 °001 Page 5 new drive approach along C Street in conformance ',with City of Tustin Public VAJorks standards and current federal Americans �Mth Disability Act (ADA) requirements. c. The applicant shall remove the existing planter along C Street and replace �Mth sidev�ialk per the City of `U ustin's Public VIVOrks Standard Drad�ing �\,Io. 202. d. The applicant shall design and re- construct the existing concrete curb ramp at the northeast corner of C Street and First Street to current f=ederal Americans lwKh UsabiI °sties Act (AAA) requirements and City of Tustin Standard Drawings. Improvements shall include curb, gutter, and sidewalk from beginning of curb return (BCC) to end of curb return (ECG). 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 Cis /il engineer or California Licensed 'hand Surveyor, shall be submitted to the Public livlorks Department for rev ew and approval. e. The applicant Tall design and construct the missing sideNi�waik panel along C Street adjacent to the existing fire hydrant per the City of `U ustin's Public Works Standard Dra�,Mng Igo. 202. (6) 4.7 The applicant Tall install and maintain the landscape and irrigation in public rights --of -way along the project frontage. All proposed landscape in the public right -of -way shall be revs ewed and approved by the puMc Works [Department. (5) 4.« [existing seAMer, domestic water, reclaimed kvater, and storm drain service laterals shall be utilized whenever possible. (5) 4�0� Any damage done to existing public street improvements and utilities shall be repaired before issuance of a Certlficate of Occupancy. (5) 4a 10 Prior to any work in the public right -of -way, an Encroachment Perrnit shall be obtained from and applicable fees paid to the Public Works [DepartMent. (5) 4.11 The proposed awnings along First Street and C Street shall be reviewed by the City of Tustin: a. All projecting awnings in the public rights -of -gray shall be designed and constructed a minimum of seven (7) feet above she sidewalk grade. Exhibit A ZA Action 12 -005 DR 2012 -003 and VAR 2012-001 Rage 6 b. Prior 'to any construction of awnings in the public rights -of -way, the property owner shall submit an encroachment permit appfication, two (2) sets of City of Tustin approved site plan with exterior elevation plan, and 'the applicable encroachment permit fees to the Public Works [Department for review and permit issuance. c. prier to issuance of an encroachment permK, the permK1tee shall submit a certificate of insurance evidencing that a liability insurance poky in the amount of $1,000,000,00 (minimum) has been issued, naming the Mty as an addKional insured, and containing a provision that the policy �j\>ill not be canceled, coverage materially modified, or Iiomits of liability reduced or changed without such notice to the !Pubk Y'Vorks D Tector, The permittee shall maintain insurance for the duration of the encroachment peTmK. d. The encroachment permit and liability insurance shall be renewed every year by the permittee. (5) 4.12 Fdor to issuance of a building permit the applicant shall provide written approval from the Orange County Sanitation District. (5) 1 3 In addition to the normal full-size map and plan submittal, all final maps and plans including, but not limned to, tract maps, parcel maps, right -of- way maps, records of survey, public woTks improvements, private infrastructure improvements, final grading plans, and site plans shall be submitted to the public V/Vor'ks Department in computer aided design and drafting (Cell) format to the satisfaction of the !pity engineer. The standard file format is AutoCAD Release 2009, or latest version, have ng the extension "D ✓A GY'. All layering and linotype ccnti�e Lions are AutoCAD- based (latest version available upon request from the Pubfic Works Department). The CADD files shall be submitted to the CKy at the time plans are approved, and updated CADD files reflecting "as built" con&Jons 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 pity. (5) 6, �14 Improvement plans shall be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and 'the distribution of -fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable lawns and adopted regulations enforced by the Orange County Health Department. (1) 4,J3 The appflcant shall submit a water permit appflcation to the Fast Orange County VAlater D °strict and is responsible for all applicable water connection fees. Release/approval from 'the East Orange Count/ Water Exhibit A ZA Action 12 -005 DR 2012 -003 and VAR 2012 -009 Page i District shall be obtained by the applicant prior to racei ✓ing water service. Backflo�vv prevenUon devices must be installed in accordance with appiicable standards and codes and shall be installed within an easement of suitable size to allo-w, for unobstructed access, inspection, testing, and maintenance. (f) z, 1. The applicant shall be responsible for all costs related t® the abandonment, at the water main, of all existing potable eater and/or fire service connections, if any. (1) 4.17 The applicant shall be responsible for all costs related to the installation of any nevq�j potable andlor fire related water services. (5) /4. 119, The appflcan°t shall design and install a separate landscape Neater service and meter with a backfiow device onsite. (5) &3o11 Approval from the City's Water Seniices Division is required for permitting or cons'tr>,uction of any new eery ce connections, abandonment or relocation of existing services, or improvements that gill of ect the City's AAjater facil°oIes. YAlater improvement plan(s) shall be designed by a ficensed Civil Engineer in accordance with the requirements and standards of the City of 1TuslJn public V17orks Department. ONH,AN IE C©MJ\17Y F FIZIE AU I- 9Cc�RF rY CFA) (5) M Approval from the Orange County ;moire Authority (OCIFA) shall be obtained prior to issuance of applicable permits. FI _Li FE� 5 (1)(5) 9M Prior to issuance of any building permit, payment shall be made of all applicable fees, including but not limited to, the follo�jv ng. Payments shall be required based upon those rates in effect at the time of payment and are subject to change. a IRgoilrrlinrri r�i1nn check and nermi`t fees to thS Commu,i"Y De1,elocmen� � � i V Department. b. Orange County F re AuthorKy plan check and permit fees to the Orange County Fire Authority. c. Within forty -eight (48) hours of approval of the subject project, 'the applicant shall deliver to the Community Deveiopment Department, a CASHIER'S HECK 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 Exhibit A ZA Action 12-005 DR 2092 -003 and VAR 2012 -001 Page 5 Dave opmsnil: Department the above-noted check, the statute of lirnita�Jons for any lntereste 1 party to chadlange the amfironmentaa dS'ISTMunatt on under the prove ss ons of the Gal °lforn a EnN&onmsnt22 d, Payment of the Major Thoroughfare and oTodge Fees to the Uus'Jn PuYc Works Department shall be required at -the time a BuH6ng perrl� is ossued, 1-1 PROPOSE, PROJECT PLANS F I R S T ni di S T R E E T zN -2. 3 Wo a-v P, ., I, - aL 1 9L Ap F I R S T ni di S T R E E T n 0 per} I Te y. too PM , 1 TI ib urw I'L ...................... ..................................................... u WOOF 000000OF MV I�- � U � r n Ij g Yd d cn g^q iRi �d ✓ ]� 0 Z f%] M pj) `wf M w�^d�d m T Cf) m i7 L 2 yr m � m o i us v P V�,,i & a,,y gT ,l 23— G,11 o I" -1p, I., I, p . 2111 M,l F� r. O �22 ITI 71 T X 0 u 0 cn M G) Co > --q C: a] 0 n 73 0 0, X I m Z > (D M M --i x m C) i m m om 0 0 a 9 cn N C STREET - -------- -- - OIL o > > >