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HomeMy WebLinkAboutZAA 2012-005 GROWERS DIRECT 155 W. FIRST STREETZONING ADMINISTRATOR ACTION 12-005 DESIGN REVIEW 2012-003 AND VARIANCE 2012-001 TO CONSTRUCT A NEW 2,244 SQUARE FOOT, 2-STORY RETAIL AND OFFICE STRUCTURE WITH EIGHT (8) ON- SITE PARKING STALLS AT 155 W. FIRST STREET The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That a proper application for Design Review 2012-003 (DR 2012-003)) and Variance 2012-01 (VAR 2012-001) was filed by Richard J. Rengel of Rengel+Company, Architects representing property owner Gersain Bustos requesting authorization to construct a new 2,244 square foot, 2-story retail and office structure with eight (8) on-site parking stalls at 155 W. First Street. Design Review is required for the site planning and Variance is required for a 20% reduction in on-site parking; B. That the property has a land use designation by the General Plan of PC Community Commercial/Business which provides for a variety of retail and service commercial uses and is zoned Commercial (Subarea 2) of the First Street Specific Plan where Land Use Regulations Section III 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 Tustin City Code Section 9272, authorizes the Community Development Director to approve Design Review applications and Tustin City Code Section 9299b(2)(d) authorizes the Zoning Administrator to consider Variance applications for a maximum of twenty percent (20%) reduction in off-street parking; D. That 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, the occupancy thereof, or the community as a whole in that: 1 Height, bulk 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 structure 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 2012-001 Page 2 property 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 fagade consists of a sand finished stucco plaster in beige (Omega Products color 232 Sonoma) and tumbled brick 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 awnings (Sunbrella 4600 Erin Green) will overhang the windows and upper level openings along First Street and C Street. The First Street Specific Plan includes Design Guidelines which encourage earthtone colors and the use of brick. Therefore, the proposal is consistent with the Design Guidelines. 4) Type and pitch of roofs. The proposed architecture of the new building incorporates a number of architectural elements. The building features a flat roof parapet which accommodates an open roof deck for plant storage and an office on the second story and retail on the first level. Based on the First Street Specific Plan Design Guidelines specific architectural elements that are most actively required include multi-planed roofs, wood siding and arched windows. Flat roofs and irregular, modernistic window shapes and rhythm are discouraged elements. The design is consistent with the Design Guidelines. 5) Size and spacing of windows, 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. Two roll up sectional glass doors on the first level facing First Street will accommodate floral display along the front of the building. The west elevation incorporates windows and an open fagade "window" opening to the trellis. Additional windows face C Street along the first level and awnings overhang each of the windows and the opening along C Street. A roll up door and rear access door also face C Street. The north elevation facing the parking area and residential uses has three horizontal glass block windows on the first floor and three openings, two windows and one French door, which provide access to the rear balcony. The east elevation is situated on the zero lot line and has incorporated a flat cornice at the roofline. Two "windows" open to the upper trellis are on the second level and two architectural indentations framed in brick face the neighboring property to the east. These features are consistent with the First Street Specific Plan Design Guidelines. ZA Action 12-005 DR 2012-003 and VAR 2012-001 Page 3 6) Roof structures. The roof structure is a flat roof with a corner fagade finished in a brick veneer. This design is consistent with the encouraged features of the First Street Specific Plan. Therefore, the design is consistent with the required findings. E. That a Variance for a decrease in the number of required off-street parking spaces for nonresidential land uses up to a maximum of twenty percent (20%) may be granted when the following circumstances are found to apply: 1) That any 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 designation 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, granting 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 will 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 property limit the size and orientation of the proposed building placement and the number of feasible on-site parking spaces in that: There are unique circumstances surrounding the subject parcel in that they create disparities between the applicant's property and other properties in the area. The parcel is small in size compared to other commercial parcels within the immediate vicinity and ZA Action 12-005 DR 2012-003 and VAR 2012-001 Page 4 surroundings. The parcel is surrounded with streets and an alley which limits feasible safe access to the site and site design for a viable development and parking area. The parcel has a narrow width of 42 feet along First 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 requirement 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 (8) parking 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 Review and Variance are consistent with the objectives of the Tustin General Plan and the Zoning Ordinance in that the Land Use Element includes the following City goals and policies for the long-term growth, development, and revitalization of Tustin, including the First Street Specific Plan area: 1 ) Achieve balanced development 2) Ensure that compatible and complementary development occurs 3) Improve city-wide urban design 4) Promote economic expansion and diversification G. That a public hearing was duly called, noticed, and held for Design Review 2012-003 and Variance 2012-01 on October 4, 2012, by the Zoning Administrator; and H. This project is categorically exempt (Class 3) pursuant to Section 15303 of the California Environmental Quality Act. II. The Zoning Administrator hereby approves Design Review 2012-003 to construct a new 2,244 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 parking, subject to conditions attached hereto (Exhibit A). ZA Action 12-005 DR 2012-003 and VAR 2012-001 Page 5 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 4th day of October, 2012. ELIZABETH A. BINSACK ZONING ADMINISTRATOR ADRIANNE DILEVA RECORDING SECRETARY STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, ADRIANNE DILEVA, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 12-005 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 4th day of October, 2012. IYA WON= t 0 1 ON a"] :4 W 101 Im go] 1.0.0ki ZONING ADMINISTRATOR ACTION 2012- 005 CONDITIONS OF APPROVAL DESIGN REVIEW 2012-003 AND VARIANCE 2012-01 155 W. FIRST STREET GENERAL (1) 1.1 The proposed project shall substantially conform to the approved plans for the project date stamped October 4, 2012, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Director. (1) 1.3 The project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within eighteen (18) 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) 1.4 Approval of Design Review 2012-003 and Variance 2012-01 is contingent upon the applicant and property owner signing and 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 revised, notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. 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 building permits. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC /CC POLICY (4) DESIGN REVIEW EXCEPTIONS Exhibit A ZA Action 12 -005 DR 2012 -003 and VAR 2012 -001 Page 2 (1) 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) 1.6 Any violation 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 City 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) 1.8 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 PM). All display carts and merchandise shall be removed when the business is not in operation. PLAN SUBMITTAL (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 Building Code), City Ordinances, State, Federal laws, and other 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. (3) 2.2 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountains, and public telephones shall be accessible to persons with disabilities and shall be shown on the plans. (3) 2.3 A note shall be provided on the final plans that a six (6) foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction 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) 2.4 Pursuant to the City of Tustin'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) 2.5 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) 2.6 A note shall be provided on final plans that a six (6) foot high concrete block wall shall be installed along the east property line. The wall shall include a finish to match the building materials (i.e. neutral stucco, brick fagade, etc.) subject to the approval of the Community Development Director. X60IN (1) 3.1 All construction operations including engine warm up, delivery, and load ing/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. until 6:00 p.m., Monday through Friday and 9:00 a.m. until 5:00 p.m. on Saturday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired. PUBLIC WORKS DEPARTMENT (1) 4.1 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) 4.2 A Grading bond will be required prior to permit issuance. The engineer's estimate which covers the cost of the grading, drainage, and erosion control shall be submitted to the City for approval. (1) 4.3 Prior to issuance of any permits, the applicant shall submit for review and approval by the Community Development and Public Works Departments, a Priority Water Quality Management Plan (WQMP) and plan check deposit of $2,700.00. 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. The City of Tustin's Water Exhibit A ZA Action 12-005 DR 2012-003 and VAR 2012-001 Page 4 Quality Management Plan is available on the City's web site at www.tustinca.org. Prior to issuance of any permits, the property owner(s) shall record a declaration of restrictions with the County Clerk Recorder. This declaration binds current and future owner(s) of the property regarding implementation and maintenance of the structural and non structural BMPs as specified in the approved WQMP. (1) 4.4 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. (5) 4.5 Prior to issuance of a grading permit, a separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer for all construction within the public right-of-way shall be submitted and approved by the Public Works Department. The construction of the public improvements shall be completed before issuance of Certificate of Occupancy. Said plan shall include, but not be limited to, the following: a) Curb and gutter f) Domestic water facilities b) Sidewalk, including curb ramps g) Sanitary sewer facilities for the physically disabled c) Drive aprons h) Landscape/irrigation d) Street paving i) Underground utility connections e) Street lighting j) Catch basin In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, shall be required. (5) 4.6 Prior to issuance of a certificate of occupancy, the applicant shall complete street improvements on First Street and C Street along the project frontage consisting of: a. The previously existing onsite tree has uplifted the sidewalk creating a non-ADA compliant situation along C Street to First Street. The applicant shall remove and replace sidewalk, curb & gutter, adjust and/or replace utility 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 utility vault cover with the appropriate utility companies. b. Removal of the existing drive approach along C Street and replacement with curb, gutter and sidewalk, and construction of the Exhibit A ZA Actidn 12-005 DR 2012-003 and VAR 2012-001 Page 5 new drive approach along C Street in conformance with City of Tustin Public Works standards and current federal Americans with Disability Act (ADA) requirements. c. The applicant shall remove the existing planter along C Street and replace with sidewalk per the City of Tustin's Public Works Standard Drawing No. 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 Federal Americans with Disabilities Act (ADA) requirements and City of Tustin Standard Drawings. Improvements shall include curb, gutter, and sidewalk from beginning of curb return (BCR) to end of curb return (ECR). 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. e. The applicant shall design and construct the missing sidewalk panel along C Street adjacent to the existing fire hydrant per the City of Tustin's Public Works Standard Drawing No. 202. (6) 4.7 The applicant shall 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 reviewed and approved by the Public Works Department. (5) 4.8 Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. (5) 4.9 Any damage done to existing public street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy. (5) 4.10 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (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-way shall be designed and constructed a minimum of seven (7) feet above the sidewalk grade. Exhibit A ZA Action 12-005 DR 2012-003 and VAR 2012-001 Page 6 b. Prior to any construction of awnings in the public rights-of-way, the property owner shall submit an encroachment permit application, two (2) sets of City of Tustin approved site plan with exterior elevation plan, and the applicable encroachment permit fees to the Public Works Department for review and permit issuance. c. Prior to issuance of an encroachment permit, the permittee shall submit a certificate of insurance evidencing that a liability insurance policy in the amount of $1,000,000.00 (minimum) has been issued, naming the City as an additional insured, and containing a provision that the policy will not be canceled, coverage materially modified, or limits of liability reduced or changed without such notice to the Public Works Director. The permittee shall maintain insurance for the duration of the encroachment permit. d. The encroachment permit and liability insurance shall be renewed every year by the permittee. (5) 4.12 Prior to issuance of a building permit the applicant shall provide written approval from the Orange County Sanitation District. (5) 4.13 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 2009, 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. (5) 4.14 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 laws and adopted regulations enforced by the Orange County Health Department. (1) 4.15 The applicant shall submit a water permit application to the East Orange County Water District and is responsible for all applicable water connection fees. Release/approval from the East Orange County Water Exhibit A ZA Action 12-005 DR 2012-003 and VAR 2012-001 Page 7 District shall be obtained by the applicant prior to receiving water service. Backflow prevention devices must be installed in accordance with applicable standards and codes and shall be installed within an easement of suitable size to allow for unobstructed access, inspection, testing, and maintenance. (1) 4.16 The applicant shall be responsible for all costs related to the abandonment, at the water main, of all existing potable water and/or fire service connections, if any. (1) 4.17 The applicant shall be responsible for all costs related to the installation of any new potable and/or fire related water services. (5) 4.18 The applicant shall design and install a separate landscape water service and meter with a backflow device onsite. (5) 4.19 Approval from the City's Water Services Division is required for permitting or construction of any new service connections, abandonment or relocation of existing services, or improvements that will affect the City's water facilities. Water improvement plan(s) shall be designed by a licensed Civil Engineer in accordance with the requirements and standards of the City of Tustin Public Works Department. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 5.1 Approval from the Orange County Fire Authority (OCFA) shall be obtained prior to issuance of applicable permits. FEES (1)(5) 6.1 Prior to issuance of any building permit, payment shall be made of all applicable fees, including but not limited to, the following. Payments 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 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 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 Exhibit A ZA Action 12-005 DR 2012-003 and VAR 2012-001 Page 8 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. d. Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department shall be required at the time a Building Permit is issued.