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Home My WebLink About01 ZA REPORT CUP 2014-20 DUNN EDWARDS AGENDA REPORT ITEM # 1 It DATE: JANUARY 28, 2015 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2014-20 & DR 2014-017 APPLICANT: PROPERTY OWNER: ROBERT & PATRICIA CHICK ROBERT & PATRICIA CHICK 13662 NEWPORT AVENUE 13662 NEWPORT AVENUE TUSTIN, CA 92780 TUSTIN, CA 92780 LOCATION: 13562 NEWPORT AVENUE GENERAL PLAN: PLANNED COMMUNITY COMMERCIAUBUSI NESS ZONING: PLANNED COMMUNITY COMMERCIAL (PC-C) ENVIRONMENTAL STATUS: CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1), TITLE 14, CHAPTER 3 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). REQUEST: TO AUTHORIZE OUTDOOR SEATING AT THE EXISTING DUNN- EDWARDS PLAZA, LOCATED AT 13662 NEWPORT AVENUE, AND TO DELETE CONDITION 1.3 OF PLANNING COMMISSION RESOLUTION NO. 2635 AND UTILIZE PARKING REQUIREMENTS WITHIN THE TUSTIN CITY CODE. Pmol, Zoning Administrator January 28, 2015 CUP 2414-20& DR 2014-017 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action No. 15-002 approving Conditional Use Permit 2014-20 and Design Review 2014-017 to authorize outdoor seating at the existing Dunn-Edwards Plaza, located at 13652 Newport Avenue, and to delete Condition 1.3 of Planning Commission Resolution No, 2635 and utilize parking requirements within the Tustin City Code. APPROVAL AUTHORITY Pursuant to Section 9272 of the Tustin City Code requires approval of design review prior to issuance of any building permit for exterior improvements such as outdoor seating. Section 9299b(4) of the Tustin City Code gives the Zoning Administrator the authority to amend conditions of approval established by Planning Commission or City Council. BACKGROUND Project Site and Surrounding Properties On July 17, 1989, the City Council adopted Resolution No. 89-102 approving a development plan (Use Permit 89-21) for a retail center on a site in Planned Community Commercial District (PC-C). The current project is proposed at 13662 Newport Avenue which is located at the intersection of Newport Avenue and E. Main Street (Attachment A). The property is improved with a retail commercial center consisting of a paint store, a take out sandwich shop, a dental office, and other retail uses. Existing Dunn-Edwards Plaza � r • 6 r - '. w • a r Figure 1 — Area Map The property is zoned as Planned Community Commercial (PC-C) and has a General Plan Land Use Designation of Planned Community Commercial/Business. Surrounding Zoning Administrator January 28,2015 CUP 2014-20 & DR 2014-017 Page 3 uses are commercial in nature with the exception of Multiple Family Residential to the southwest and southeast of the retail center located adjacent and across Andrew Street (Figure 1). The site abuts commercial centers across Newport Avenue to the north and across E. Main Street to the east. DISCUSSION The applicant is seeking authorization for outdoor seating in common at the existing Dunn-Edwards Plaza. The proposed outdoor seating area would contain a total of five (5) tables with fixed seating, one (1) of which would provide space for one (1) handicap seat and would be located directly in front of Dunn-Edwards Paints and two (2) other adjacent tenant spaces (Figure 2). dill r_r New Romp Detail 3 a 8.33% (rh NC-9 36• X 4R• W* detQctnbce warnln str�[CEC}1Lfl57 toil 2 d 1 2 3 6 go kces Isle Per t b-572.3 see details 4 & 5 Figure 2—Area of Work This project would entail the removal of two (2) parking spaces and the addition of outdoor furniture to the specified area, including concrete (grey) tables and benches; six (6) exposed aggregate planters, and space for one (1) handicap seat. The furniture will be treated with anti-graffiti sealant and will be placed according to the submitted plans, which would maintain a minimum 48-inch wide path of travel for handicap access for handicap accessible seating (Attachment C). The Dunn-Edwards Plaza is a small retail center with no arcade, live entertainment use, or sales of alcoholic beverages. The outdoor dining area will not have any speakers or other amplified sound. The outdoor seating area is anticipated that it would have minimal impact to the surrounding area. Parking On June 26, 1989, the Planning Commission approved Resolution No. 2635, a Development Plan (Use Permit 89-21) for a retail center on a site in Planned Zoning Administrator January 28, 2015 CUP 2014-20 & DR 2014-017 Page 4 Community Commercial (PC-C) district, for the property located at 13662 Newport Avenue (Attachment D). On April 14, 1997, the Planning Commission adopted Resolution 3519 approving amendment to Conditional Use Permit 89-021, authorizing the establishment of a limited amount of medical and dental use. Condition 1.5 of Planning Commission Resolution No. 3519 states that parking requirements for the proposed commercial center shall be maintained as follows: • 1 parking space per 200 square feet of retail use 1 parking space per 250 square feet of office use • 1 parking space per 3 seats for restaurant uses 1 parking space per 200 square feet of medical/dental use, not to exceed 1,460 square feet without a modification of the type of tenants to reduce the parking demand, for a maximum of 3,700 square feet of medical/dental uses Following the approval of this condition, Tustin City Code (TCC) Section 9263 detailing requirements for off-street parking have been revised and simplified. In keeping with these revised requirements, the applicant requests that Condition 1.3 of Planning Commission Resolution No. 2635 be removed and the center shall utilize parking requirements within the Tustin City Code. ANALYSIS Condition 1.4 of Planning Commission Resolution No. 2635 authorizes uses that are allowed in the C2 zoning district. This condition implies that the center is similar in nature to other centers within the C2 zoning district. Using this analogy, Table 1 (below) shows a comparison of off-street parking requirements per Planning Commission Resolution No. 2635 and with current Tustin City Code parking requirements. Table 1 Use Based upon PC Proposed Requirement Resolution 2635 & 3619 (Based upon TCC) Medical/Dental 1 space per 200 SQ. FT. 1 space per 250 SQ. FT. with a max of 1,460 SQ. FT for first 4,000 SQ. FT. Retail (General) 1 space per 200 SQ. FT. 1 space per 250 SQ. FT. Restaurant (Dine-In) 1 space per 3 Seats 1 space per 100 SQ. FT. Restaurant (Take Out) NIA 1 space per 250 SQ. FT. Current and Proposed Parking Requirements If the zoning Administrator were to approve the applicants request to delete Condition 1.3 of Planning Commission Resolution No. 2535 and utilize parking requirements within the Tustin City Code, there would still be a surplus of parking available within this Zoning Administrator January 28, 2015 CUP 2014-20 & DR 2014-017 Page 5 commercial center. Based upon this ratio (Table 2), the center would require a total of 81 parking spaces. Table 2 Use Gross Area Parkin Re uired Medical/Dental 1,460 SQ. FT. 6 Retail General 13,138 SQ. FT. 53 Restaurant Dine-In 1,120 SQ. FT. 12 Restaurant Take Out 2,380 SQ. FT. 10 TOTAL 18,098 SO. FT. 81 Spaces Parking Summary per TGC 9263 Currently, the commercial center located at 13662 Newport Avenue has a total of ninety (90) parking spaces. In conjunction with the proposed deletion of Condition 1.3 from Planning Commission Resolution No. 2635, the applicant proposes outdoor seating in common that would reduce total parking by two (2) spaces, including the relocation of one (1) handicap accessible parking space adjacent to the Dunn-Edwards paint store to elsewhere within the center. By removing two (2) of the surplus spaces for the use of outdoor seating in common, there would still be sufficient parking for the proposed use and the total surplus parking in the center would be reduced to 7 spaces following development of outdoor seating. In accordance with the plans submitted for Conditional Use Permit 2014-20 and Design Review 2014-017, parking within the center shall include: (1) one van accessible space, three (3) accessible spaces, and eighty-four (84) standard parking spaces within the center for a total of 88 spaces following the development of outdoor seating as proposed. FINDINGS In determining whether to approve Conditional Use Permit 201420 and Design Review 2014-017, the Zoning Administrator must determine whether or not the deletion of Condition 1.3 of Planning Commission Resolution No. 2635 and proposed outdoor seating in common will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to the property or improvements in the vicinity or to the welfare of the City. In addition, the Zoning Administrator may approve the project if it can be found that the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. A decision to approve this request may be supported by the following findings; Zoning Administrator January 28, 2015 CUP 2014-20 & DR 2014-017 Page 6 1. Pursuant to Section 9299(4)(d) of the Tustin City Code, the Zoning Administrator may approve an amendment to conditions of approval established by Planning Commission or City Council if it can be determined by the Community Development Director to be minor in nature and will not alter the original intent of the project or site, The deletion of Condition 1.3 of Resolution No. 2635 and the use of Tustin City Code parking ratios will make the center consistent with other commercially zoned property. 2. The center is typical of a commercial shopping center and Condition 1.4 of Resolution 2635 allows for uses within the Central Commercial (C2) district to locate within the center as it is most similar to that of the Planned Community Commercial (PC-C) district. This Resolution infers that the same off-street parking requirements applicable to C-2 district could apply to this commercial center. 3. The proposed outdoor seating in common will be appropriate for the center and will not alter the original intent of the site as follows: a. Height, bulk, and area of buildings: The applicant is not proposing to alter the height, bulk, or area of the building. The outdoor seating area is located adjacent to sidewalk appropriate for the center. b. Setbacks and site planning: The existing building is in compliance with all current development standards. The project proposal does not include any modifications to the existing setbacks or building footprint. The outdoor seating is setback approximately 145 feet from Newport Avenue away from traffic along Newport Avenue and E. Main Street. c. Overall Site Configuration: The project proposal will not alter the existing site configuration. The existing development provides adequate circulation and drive-aisles for the proposed use. The outdoor seating area will be protected with concrete planters and raised sidewalk. d. Exterior materials and colors: The primary building colors are earth tone colors which are consistent with the primary colors existing at Dunn-Edwards Plaza. The proposed color of the outdoor seating for the new tables, benches, and planter box elements will be "Misty Grey" and will be compatible with the surrounding area. The type of materials used for the outdoor seating will be durable and will be treated with an anti-graffiti sealant. e. Type and pitch of roofs: The applicant is not proposing to alter the type or pitch of roof. f. Size and spacing of windows, doors, and other openings: The applicant is not proposing to alter the windows, doors, or other openings. Zoning Administrator January 28, 2015 CUP 2014-20& DR 2014-017 Page 7 g. The physical appearance and design relationship of the proposed structures to existing structures and possible future structures in the vicinity and public thoroughfares: The proposed project incorporates massing and features consistent with other commercial buildings in the area. The building is a one- story building, which is consistent with the adjacent commercial buildings constructed within the commercial center and neighboring properties. The design of the outdoor seating area complies with all setback and height requirements specified for the Planned Community Commercial district and maintains a harmonious appearance along the streetscape to existing and future structures. h. Development guidelines and criteria as adopted by the City Council: The project is consistent with all applicable zoning, development standards, and guidelines of the City. i. Outdoor seating in common is permitted in commercial districts subject to design review. j. The relocation of one (1) handicap accessible space generated by the development of outdoor seating within the plaza can be accommodated by existing 7 surplus parking spaces on-site. One (1) additional handicap accessible space is proposed for a total of four (4) handicap accessible spaces. k. The proposed hours of operation are compatible with other commercial uses within Dunn-Edwards Plaza and neighboring commercial areas. ENVIRONMENTAL REVIEW This project has been determined to be Categorically Exempt pursuant to Section 15301 (Class 1), Title 14, Chapter 3 of the California Environmental Quality Act (CEQA). CONCLUSION Staff recommends that the Zoning Administrator adopt Zoning Administrator Action No. 15-002, approving Conditional Use Permit 2014-20 and Design Review 2014-017 to authorize an amendment to the conditions of approval relating to parking requirements and development of outdoor seating at an existing Dunn-Edwards Plaza located at 13662 Newport Avenue. Samantha Beier Assistant Planner Zoning Administrator January28, 2015 CUP 2014-20& DR 2014-017 Page 8 Attachments: A - Location Map 8 - Planned Community Fact Sheet C - Submitted Plans D - Planning Commission Resolution No. 2635 & 3519 E -ZAA 15-002 ATTACHMENT A LOCATION MAP LOCATION MAP 13662 NEWPORT AVENUE � k F'OL10E UET'ARTMENT CITY HAIL CUA [bN C i�1LLER COMMUNITY CENTEt;, CFNTFrrHLm WY. T1iST iN vi GE ..HGE COUNTY PUB"LIBRARY-TUST,N 8RM1CtS IIS// c E. MAIN STREET �- -' E MAIN STREET-__.. 300' 500' PROJECT SITE ,. tUSTIh PLATA C.C.LAMBERT ` . ♦ J F � S ATTACHMENT B PLANNED COMMUNITY FACT SHEET PLANNED COMMUNITY FACT SHEET 31 PLANNED COMMUNITY Blockbuster Music Plaza A ENTITLEMENT NUMBER(S) Adopted 08/17/1987 (Ordinance No, 989) B DESCRIPTION Ordinance No. 989 rezones subject properties from (CG) Commercial General and (CG-PUD) Commercial General- Planned Unit Development to(PC-C) Planned Community Commercial. Resolution No. 2635 approves CUP 89-21 approving the development pian for a retail commercial center at the subject property. Resolution No.2868 approves CUP 90-31 to authorize the establishment of an on-premise dry cleaning facility at the property located at the subject property. Resolution No.2909 approves CUP 91-05 authorizing on-site sales of beer and wine only(Type 41 ABC License). Resolution No.3519 approves Amendment No. 1 to CUP 89-021 to authorize the establishment of a limited amount of medical/dental use. C LOCATION: East side of Newport Avenue northerly of Andrews Street ❑ ADDRESS: 13662 Newport Ave E MAP BOOK PAGE 44 (see attached) F TRACT NIA G APN(S) 500-171-(2, 28) H ZONING DESIGNATION: PC-C Allowable Uses Reference to Amendment No. 1 of CUP 89-21 1 GENERAL PLAN Planned Community Commercial DESIGNATION: DEVELOPMENT FACTS: Reference to Amendment No. 1 of CUP 89-21 J MINIMUM SITE AREA MINIMUM SITE WIDTH L MAXIMUM BUILDING LOT Minimum of 75%of building floor area shall be devoted to retail COVERAGE sales establishments. Maximum of building floor area devoted to medical/dental uses shall not exceed 3,700 square feet. M MAXIMUM BUILDING HEIGHT N SITE LANDSCAPING ❑ PARKING Use Requirement Retail 1 parking per 200 s.f. Office 1 parking per 250 s.f. Restaurant 1 parking per 3 seats Medical/Dental 1 parking per 200 s.f.with a max. of 1,460 s.f. P BUILDING SETBACKS Reference to Amendment No. 1 of CUP 89-21 1 PLANNED COMMUNITY FACT SHEET Q OTHER UNIQUE CONDITIONS Amendment No. 1 ASSOCIATED TO THE PROPERTY(I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) 2 ATTACHMENT C SUBMITTED PLANS $a�?- �9}�"�� &�$��s� a ggaa �� g sis• " pp��d�� m �-• a _ m . mN-� � � ��m �e -_ - - :. m ,. . . .. v . - 7 RI. - $a $ 4e_i4i� Fd 7�Q� �i8_ aS p$ $ig g a 2S='� ��n. _6 28 6 �S; is 5 m Zei � '3s m .- g �g �$s4 �a - s ski g6` gl � i'� g�$ a� g�{ age a ;� ' 4s a mF� d s ¢ a � $ ge as se •mg .- •S L `$°a Mill $ M 4I a {� 4° a s zY 3 $$ $ q m g � a3 �- { ° ff r I -sg 4111H.; _ Wily.s 8 S L ° a5 F�il i € �' a� `' �9� Ca as ac a$�f 3ss s aWi � m .a� } • �. @ F.s�€ g{g ll U L1 a s sa. `a �a��sa{ .. €. tls� {=g9,sa L €3' = s.�aa aa - a 2 a a=, - fi g: a E- 9 g s 1e�.H.s�aa j ,_,�°i�$_ g d' �s83ez�� Se n �I!. � ga333$ aaa a $ a y a' L a F .baa e a 6 ° Ia= 8 0s'a� ig �f�e _g., �� s� 'd Pct gi 4a�6} e�3c �-s` �■ �� s��gg � a$a HIM - x 3agf d $ �-{_ $'a 4�°g � t g_ s°-s 3a a s8 H %° g .;Faeff- ° _ a { s gg s= a asH g5i. a lagg `a 3 qq , a.Lge - a1 s a s g" s{.a a e g as ■ �.`$ d` � {a. 1 adW1 m f @rya 'a "' f�.� g =#1 tae g�3 i a3 q3$i a Fps a a$.� afj 41 S'=� s° = g ¢ $L x a53 xs 3e s4•Le �a 6�•�� fao$ ave 1�_{ a �:a$�� :�� a !P ��'{ �a a �_�� • �,� gg? � �a'f � 9® �a � ;�� s ma .ig 1 ; °4 a fil §€ "e� uja a$ ; 14-Itg � a f In 3E $-_ S �3 as 3 ; § 9aa �� a3a'�g =� ff $g as ag. a44� sE $a- ��a sugaE � g ;I, �_ 5• �.r �� g w- 1.3 Ha!g � a a=- � g-9% � o�s< P va° E!a8§ H- F3 453;.�g 3"` $ �°°3 9 g p 3�_+`_K B4 �9`d 3yq° '7F d`! 5 P 3F °� Si € $ $ $ g8e £ MOT { a ag °g $ € saa � �� :� a � �� a g�� a am � � �� gg gg { { ggr, $ e �o aa- a� 3j�{ a f aS _ ° �•s=g{g 4 � $S i F aLs 1 ¢ ill $a I §q H14 ' $M g $ 'M $ 'mo a` a�N:� H � � = s� d 6 K a�� g baa -a 8� ry a-g g3 11 { . i 5 e a�g F a °�a y �4 5 ssg ! $ gg °� ae y a sa € s s 8g a' eB$g $ e9 u 1 e1 9 $ 2 ';s fill a I g �4 H { {$ a i4.,a t!lip $$ £ yg pp g i9 pp g� c� IN' 'a if a $ a`g & Rad w °� iS s a 1.1 B +� a' Y �' -s � eat 3 5s-a g�� $fig ➢ ash a [g # x4 1 ill a g �� Vag R gga` afn ��s�I �f ° aaE ag 5_$ a ra. .� t_er�• a �m as-aeagsi1 I Ill a �t so9a $ Ila, � a sveL€{€� � € � •z€ a {l{ ��i gis� g9 � �• 9jj Ys E e ; �o3a Kaa� { a� M sf ag��%a444 � .. � gs`s� lip S a s !H $# a $ Bam{} $eq t . - 7 0 F Baas $ p-gpg.� - 3pip'�'s� HP-11511 7'�'�s @gg�$ $S gg�3 °� �9 � &$ aW 111 '8gg �a $ � I; jig _tl�� s8i � S �a 33 g$ ° ° � 9 s �� gillQCa$�ga 9� � a�°�s @a� Y z�3�a.a s}° esu a a� a g a� a 1 v1az- � = a E 3asp `$at 3 M- €6€ = { fllflq i{f sg ' �a 3 BF• B s �€ @ $ ° `� g ! 8s q$-M-11 s 3 31 HI ie a��a'a �,�� 3.��.-`._ �� 4 3$a � r$ a ��'� � � {? ��13rs g lag 31 H 1,11_ € � 3 r s g {t s ¢ ff Z s a` " g alga ii s Hs ma g sea Baas ff'4- C. o Ali adgi € `@¢=€9 tg s= ass€a M 9p, a t ill Jills3 a H a€ Uz i W11 0 °fig a nv a1g, N s m Sgt fill i Hi a NOR� Mi. i. s B ife�}{ { MINIM, 9 g ill CZ 1 a � r_ B® ■ p ,Qo�p,�-•• 0. 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S ggg a 13662 Newport Ave. aE 3 cM MW8719690 4� R }B$�g9 EE Tustin, Ca PM!(999J 690.00.W F9k k(714)55940 - eI`i .1't �r ' 9 1 Ili !r 1 t 4'xl' }i;!� �' 7 ,,+ !I�1 11711 �� 3 I III€I 1 ci.�;€ i;ji i il411si t l l list�IN t'7 z6 Wd � SIS i A e D Nm e ¢ �x 2%M— RNA _ S u _� � '1'lil � m ❑ ao m t + 4:Z ❑ 3 w to 3� ^ il! y co2. W S 1 <D N p o s y a a� YM .=3 R �vSo q v F vSoaAa �zl6� $ , I' Dunn Edwards Plaza HARD HA TT Construction,1w. d1199p i I x0321®'� -.-- 9Construction, .... N � t$ 13662 Newport Ave. �� &�0 I a Y �'1 '®®. L.iCertae971sew » a � Tustin, Ca PhY 1849)64""4 Fax#(714)545-5440 j� .. �` 1 ♦s 4 �. eM. � �!"�' -J ,.�, .. r �� w �� i � � . � .. +r � s' �� s� �� .; M,;, 9 ti � �� .- ATTACHMENT D PLANNING COMMISSION RESO. NOS. 2635 & 3519 1 1 2 RESOLUTION NO. 2635 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING A DEVELOPMENT PLAN (USE PERMIT 4 89-21) FOR A RETAIL CENTER ON A SITE IN PLANNED COMMUNITY COMMERCIAL DISTRICT (PC-C) FOR THE PROPERTY 5 LOCATED ON THE SOUTHEAST CORNER OF NEWPORT AVENUE AND MAIN STREET, 13662 NEWPORT AVENUE. _ 6 The Planning Commission of the City of Tustin does hereby resolve as 7 follows: 8 I . The Planning Commission finds and determines as follows: 9 A. That a proper application, Use Permit No. 89-21 has been filed on behalf of Champion Development requesting approval of a 10 development plan for a retail center totaling approximately ` 18,200 square feet located at 13662 Newport Avenue on property 11 ( legally described as Assessor Parcel numbers 500-171-1 through 3. 12 I B. A public hearing was duly called, noticed and held on June 26, 1989. 13 C. That establishment, maintenance, and operation of the use applied 14 for will not, under the circumstances of this case, be - detrimental to the health, safety, morals, comfort, or general 15 welfare of the persons residing or working in the neighborhood of such proposed use, as evidenced by the following findings: � . 1. The use applied for is in conformance with the requirements of the Tustin General Plan. 1S 2. The use applied for is in conformance with the requirements of the Tustin Zoning Code. 3. The project has been designed to be architecturally 20 compatible with the area. 211 . 4. The proposed development conforms with the established guidelines for. development of Planned Community Commercial 22 properties as established by Planning Commission Resolution No. 2411. 23 D. That the establishment, maintenance, and operation of the use 24 applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, 25 nor to the general welfare of the City of Tustin, and should be 11 granted. 26 27 28 i I 1 ' 2 Resolution No. 2635 Page two 3 4 E. Proposed development shall be in accordance with the development 5 policies adopted by the City Council , Uniform Building Codes as administered by the Building Official and State of California, 6 Fire Code as administered by the Orange County Fire Marshal, and street improvement requirements as administered by the City Engineer. 8 F. A negative declaration has been filed in conformance with the California Environmental Quality Act. 9 G. Final development plans shall require the review and approval of 1� I' the Community Development Department. i 11i II . The Planning Commission hereby approves Conditional Use Permit No. 121 89--21 approving the development plan for a retail commercial center at the southeasterly corner of Newport Avenue at Main Street, 13662 13 Newport Avenue, subject to all conditions contained in Exhibit A attached hereto. 14 15 PASSED AND ADOPT P at a regular meeting of the Tustin Planning Commission, held on the -t"`� _ day of 1989. 1989. ]CI 15 I K , � Chairman 13� 20 II f PENNI FOLEY, 21 Secretary 22 23 24 251 2611 2711 28 i I EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 89-21 RESOLUTION NO. 2635 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted site plan and development plans for the project date stamped June 26, 1989 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this exhibit. Submitted plans constitute the approved development plan and, except as modified herein, shall not be modified without prior approval of an amendment to this Use Permit. (1) 1 .2 Unless otherwise specified, the conditions contained in this exhibit shall be complied with prior to the issuance of a building permit for the project, subject to review and approval by the Community Development Department. * 1.3 Parking for the proposed commercial center shall be maintained as (2) follows: 1 parking space per 200 square feet of retail use. 1 parking space per 3 seats for restaurant uses. * 1.4 The uses authorized by the approval of Use Permit 89-21 are as follows: (8) a. A minimum of 75% of the building floor area shall be devoted to retail sales establishments. b. The type of uses allowed in the project shall substantially conform to those uses authorized in the C-2 Zoning district except for those uses specifically prohibited in this resolution. All uses which require a Use Permit as listed in the C-2 zoning district will also -- require a conditional use permit for this site. C. Prohibited Uses: Medical , dental and/or chiropractic offices, auto repair or general retail auto parts sales (excluding specialty accessory parts sales) or installation, schools or training facilities, laundromats, convenience or liquor stores, arcades, or other gaming establishments. These uses are prohibited to ensure compatibility of land uses with the adjacent residential properties, ensure compliance with the parking requirements listed herein and to comply with the requirements of Planning Commission Resolution No. 2411. SOURCE CODES (1) STANDARD CONDITION (5) SPECIFIC PLAN (2) ENVIRONMENTAL MITIGATION (6) RESPONSIBLE AGENCY REQUIREMENT (3) UNIFORM BUILDING CODE/S (7) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (8) PC/CC/ POLICY *** EXCEPTION Exhibit A Resolution No. 2635 Page two * 1.5 Use permit approval shall become null and void unless all building permits for the project are issued within one year of the date on this exhibit and substantial construction is underway. * 1.6 The applicant shall execute and file an agreement with the Public Works department agreeing to maintain all landscaping in the public parkways adjacent to the site. * 1.7 A covenant agreement to hold the parcels together as one shall be prepared and reviewed by the Community Development Department, and recorded against the subject properties prior to issuance of any structural building permits for the project. * 1.8 The southerly handicap parking spaces shall be moved further north on the site to avoid vehicle stacking problems. * 1.9 The Public Works Department shall investigate and install where appropriate, red curbs along Andrews Street, west of the southerly access point, along the south side of Andrews Street adjacent to Newport Avenue and along Newport Avenue both north and south of Andrews Street. Additionally, the investigation of the installation of one "Keep Clear" sign on Newport Avenue south of Andrews Street and one "Caution Children" on Andrews Street just east of Newport Avenue shall be conducted by the Public Works Department. The results of the investigation shall be presented to the Planning Commission and the cost for any and all work shall be borne by the applicant as deemed appropriate by the Public Works Director. GRADING/DRAINAGE 2.1 At building plan check, submit prior to issuance of building permits as follows: (3) A. Construction plans, structural calculations, and title 24 energy calculations shall be submitted for all improvements. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official . Plans should reflect architectural details and elevations for all structures, walls, enclosures and any other construction level drawings necessary to accurately reflect all proposed construction. (3) B. Provide preliminary technical detail and plans for all utility installations including cable TV, telephone, gas, water and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Community Development Department. (3) C. Provide technical drawings for electrical , plumbing and mechanical installation. Exhibit A Resolution No. 2635 Page three (3) D. Final grading and specifications consistent with the site plan and the Orange County Surveyor's Bench mark datum and prepared by a registered civil engineer for approval of the Community Development Department. (3) E. A precise soils engineering report provided by a soils engineer within the previous twelve (12) months. (1) F. Presentation of a sedimentation and erosion control plan for all construction work related to the subject parcel including a method of control to prevent dust and windblown earth problems. The plan shall be reviewed and approved prior to rough grading of the site. (1) G. Information, plans and/or specifications to ensure satisfaction of (6) all Public Works Department requirements including but not limited to: (6) * 1. Dedication of all required street vehicular access rights, sewer easements and water easements defined and approached as to specific location by the City Engineer and other responsible agencies. (6) * 2. The construction of any new on-site fire hydrants will require a detector check within an easement per City Standard No. 129. A legal description and sketch of the easement areas along with a copy of the latest vesting for this property shall be submitted to the Engineering Division for review and preparation of an easement deed. Said deed must be executed by --- the property owner prior to any approvals/permits from the Engineering Division. (1) 3. Construction or replacement of all missing or damaged public (2) improvements will be required and shall include but not be limited to the following: a. Curb and gutter b. Sidewalk C. Wheelchair ramp d. A.C. pavement e. Street lights f. Domestic water service g. Fire hydrant/fire service (if required by O.C. Fire Marshal ) h. Sanitary sewer lateral (1) 4. Separate street improvement plans (24" x 36" sheet) are required for all work within the public right-of-way and all construction items referenced to the City Standard drawing number. Exhibit A Resolution No. 2635 Page four 5. If a detector check is required, it will need to be constructed behind the right-of-way line within an easement to the City per Standard Plan No. 129. 6. All ingress/egress via Main Street driveway to right turn movements only. 7. Applicant shall be responsible for pavement markings along Main Street to accomodate the channelization which will prohibit left turn movements to and from the Main Street driveway. All pavement marking will be subject to review and approval by the City Engineer. (1) 8. Clear sight triangles 20' x 20' shall be maintained at each access drive. In particular, no landscaping signs or vegetation between 3' and 8' above the gutter line shall be installed. (6) H. The applicant shall comply with all requirements of the Orange County Fire Marshal , including required fire flow, installation where required of fire hydrants subject to approval as to location by the Fire Department, City of Tustin Public Works Department, Tustin Water Works and compliance with all requirements pertaining to construction as follows: (6) 1. Prior to issuance of building permits for combustible construction, evidence that adequate water supply and operational fire hydrants are available for fire protection shall be submitted and approved by the Orange County Fire Marshal . The applicant shall also submit water improvement plans for approval of the Fire Marshal . (6) 2. All required Orange County Fire Department signs shall be * posted and designed in accordance with the Orange County Fire Department requirements. 3. Prior to the issuance of any building permits, plans for commercial fire extinguishing system shall be approved by the Fire Chief. Such systems shall be operational prior to the issuance of a certificate of use and occupancy. * 2.2 Any underground gasoline tanks shall be removed and any toxic soils or substances removed from the site in accordance with the County of Orange Hazardous Materials Division requirements, prior to issuance of building permits. Exhibit A Resolution No. 2635 Page five NOISE (1) 3.1 All construction operations including engine warm up shall be subject to _ . (2) the provisions of the City of Tustin Noise Ordinance and shall take place only during the hours of 7:00 a.m. until 6:00 p.m. , Monday through Friday 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 subject to application being made at the time the permit for the work is awarded or during progress of the work. FEES (1) 4.1 Prior to issuance of any building permits, payment shall be made of all required fees including: A. Major thoroughfare and bridge fees to Tustin Public Works Department. B. Sanitary sewer connection fee to Orange County Sanitation District. C. Grading plan checks and permit fees to the Community Development Department. D. All applicable Building plan check and permit fees to the Community Development Department. E. New development fees to the Community Development Department. F. School facilities fee to the Tustin Unified School District. SITE AND BUILDING CONDITIONS -- (1) 5.1 All improvements, materials and colors shall substantially conform to the (4) approved plans, date stamped June 26, 1989 any changes shall be subject to review and approval of the Director of the Community Development Department. All exterior treatments must be coordinated with regard to color, materials and detailing and noted on submitted construction plans and elevations shall indicate all colors and materials to be used. (4) 5.2 The actual finished textures on proposed pre-cast concrete columns shall be subject to review and approval of the Community Development Department. In the event the proposed treatment is unacceptable, the Community Development Department may require that the columns be stuccoed to match the building. (1) 5.3 The exact color and stucco finish to be utilized on exterior building (4) walls, and the color on window frames shall be subject to approval of the Director of Community Development. The Community Development Department would suggest lighting up exterior wall elevation colors in a slightly lighter shade in the earthtone range. Exhibit A Resolution No. 2635 Page six (1) 5.4 Note on plans that a six foot high chain linked fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 5.5 All mechanical and electrical fixtures and equipment shall be adequately (4) and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall blend with the architectural design of buildings. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the project maintaining a sufficient distance from frontage of the project and shall not be located in any landscaping setback and adjacent to street. (1) 5.6 Submit detail for all on-site walls to be contructed by developer. Show (4) type of wall cap and color, exterior materials and decorative treatment of all exposed walls. Design of walls/fences shall be subject to final approval of the Community Development Department and should be consistent with main building treatments. (1) 5.7 Provide details on lighting scheme for project. Note final locations of (3) all exterior lights. All lighting fixtures shall be of ornamental design (4) and shall be located or designed so to direct rays of light so they do not shine on adjacent properties. (4) 5.8 Provide structural details, colors and materials for block trash enclosure walls. The trash enclosures shall be architecturally treated to match the buildings and shall have solid metal gates. (1) 5.9 All roof drains shall be internal and not visible on building (4) elevations. All roof drains shall be designed so that run-off is properly drained into concrete swales. 5.10 Note on plans that utilities serving site to be underground. Show all above ground locations for meters, transformers, manifolds and details for screening. Transformers shall not be permitted within setback areas. * 5.11 An access agreement reviewed and approved by the City and recorded with the easterly property owners shall be approved and recorded on the deeds to the properties prior to issuance of building permits. (1) 5.12 A complete, detailed project sign program including design, location, (3) sizes, color, and materials shall be submitted for review and approval by the Department of Community Development. The sign program shall include Exhibit A Resolution No. 2635 Page seven project identification, addressing and directional signs to direct autos to proper access, parking and loading and include any traffic restrictions. Any freestanding signs shall be limited to one monument sign, maximum 6 feet in height consistent with architecture for the project. All other signs shall be in accordance to the Tustin Sign Code Section 9494. 5.13 The freestanding sign shall provide the name and address of the center. Address numerals shall be prominently displayed and be a minimum of 6" in height. 5.14 No signs will be permitted on the east facing building elevation. 5.15 Any mailbox detail shall indicate color and exterior treatment and design shall be consistent with exterior building design subject to approval of the Community Development Department and the Postal Service. LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (7) 6 .1 At final plan check a completely detailed landscape and irrigation plan must be submitted for landscaping with whatever scale necessary to depict adequately what is occurring. Provide summary table applying indexing identification to plant materials in their actual location. The plan and table must list botantical and common names, sizes, spacing, actual location and quality of the plant materials proposed. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing and coverage. Details for all equipment --- must be provided. The Department of Community Development may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. Note on landscaping plan that coverage of landscaping is subject to field inspection at project completion by the Community Development Department. (7) 6.2 The submitted landscaping plans at plan check must reflect the following requirements: a) Turf is unacceptable for grades over 25%. A combination of planting materials must be used, ground cover on large areas alone is not b) A minimum 30" high earthen berm shall be provided along the Newport Avenue, Andrews and Main Street frontages wherever possible or alternative planting screening materials subject to approval of the Community Development Department. (7) 6 .3 All newly planted trees shall be staked according to City standards. Exhibit A Resolution No. 2635 Page eight (7) 6.4 Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 3 feet on center when intended as screen planting. (7) 6.5 Ground cover shall be planted between 8 to 12 inches on center. (7) 6.6 When 1 gallon plant sizes are used the spacing may vary according to materials used. (7) 6.7 Up along fences and/or walls and equipment areas provide landscaping screening with shrubs, and or vines and trees on the northerly facing building frontage. (7) 6.8 Note on plans that all plant materials shall be installed in a healthy vigorous condition typical to the species. Also note that all landscaping must be maintained in a neat and healthy condition, this will include but not be limited to triming, mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of disease or dead plants. (7) 6.9 In irrigation areas, controller to be enclosed in lockable housing. Design irrigation systems to provide sufficient coverage as well as avoiding water overspray on buildings and sidewalks. Note of this requirement to be on plan check drawings. (7) 6.10 All landscaped planters shall be contained by a minimum 6" high concrete curb. * 6 .11 Indicate details, colors, textures and materials for all paving and exterior walkways. Provide entry driveway treatments to enhance entrances to project utilizing colored interlocking pavers. Brick treatments should also be designed and integrated into exterior walkways on the project site (not in the public right-of-way) to create a reinforced pedestrian corridor that is more decorative. Concrete utilized on the walkways should also be integrally colored to improve appearance over time. 6.13 The landscape plan for the project shall be modified to incorporate the conditions contained and as follows: a. A minimum of four additional tree wells and trees shall be provided in the parking area to accommodate City's landscaping requirements with location subject to approval of the Director of Community Development. b. Please note that large scale buildings shall be complimented by appropriately scaled landscaping. Please provide an upgrade of the palm species type to the same scale and species type utilized on the Tustin Plaza project. Exhibit A Resolution No. 2635 Page nine C. Steel pipe guards shall be decorative and subject to approval of the Community Development Department as to location and design. LCK:CAS:ts:pef STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I , PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 35- was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the day of 198 . PENNI FOLEY Recording Secretary i 1i RESOLUTION NO. 3519 2 A RESOLUTION OF THE PLANNING COMMISSION Or THE CITY OF TUSTIN, CALIFORNIA, APPROVING 3 AMENDMENT TO CONDITIONAL USE PERMIT 89-021, AUTHORIZING THE ESTABLISHMENT OF A LIMITED :LMOLMT OF MERICA-/DENTAL USES IN AN EXISTING BUILDING LOCATED AT 13662 NEWPORT AVENUE. 51 The Planning Commission of the City of Tustin does hereby 6 � resolve as follows: 7 � I. The Planning Commission finds and determines as follows: 3 ! A. That a Drooer aDDllcatlon for Amendment to 9I Conditional Use Permit a9-021 was filed by Hamilton Company requesting authorization to 10 � establish medical/dental uses in an existing building at 13662 Newport Avenue more 111 specifically described as Assessor's Parcel j No. 500-171-02 and 28. 12 i - i 3. That the oroDosed use is allowed within the 13 Central Commercial - Parking Overlay Zoning District, with the anoroval of a Conditional 14 Use Permit. 15 C. That a public hearing was duly called, noticed and held on said application on April 14, 1997 16 by the Planning Commission. 17 D. That the establishment, maintenance and operation of the use applied for will not, 18 under the circumstances of this case, be detrimental to the health, safety, morals, 19 comfort, or general welfare of the persons residing or working in the neighborhood of 20 such proposed use, nor be injurious or detrimental to the property and improvements 21 in the neighborhood of the subject property, or to the general welfare of the City of 22 Tustin, as evidenced by the following findings: 23 1) The proposed use, as conditioned, will 24 not be detrimental to the surrounding properties in that the medical/dental use 25 can be accommodated on the subject property with little or no exterior 26 modifications required. 27 281 1 ! Resolution No. 3519 Page 2 2) As conditioned, the use will not have a 3 negative affect on surrounding property I or impact the availability of off-street parking in that the parking demand generated by the proposed use is 5 satisfied by the parking provided on site. The total square footage of floor 6 area allocated to medical/dental uses at any time will be limited to a maximum of 7 3,700 square feet. Should there be a problem with adequacy of parking, the 8I applicant will be required to prepare a parking demand analysis identifying 9 mitigation measures. 10 3) As conditioned, the use is compatible with the surrounding neighborhood in that 111 the operation of the medical/dental use will appear and function similarly to 12 existing and permitted retail uses. 13 � This project is Categorically Exempt (Class 1, existing facilities) pursuant to the 14 provisions of Section 15301 of the California Environmental Quality Act. 15 II. The Planning Commission hereby approves Amendment 16 No. 1 to Conditional Use Permit 89-021, to authorize the establishment of a limited amount of 17 medical/dental use in an existing building, located at 13662 Newport Avenue, subject to the conditions 18 contained in Exhibit A, attached hereto. 19 PASSED AND ADOPTED by the Planning Commission of the City 20 of Tustin, at a regular meeting on the 14th day of April, 1997. 21 22 LOU BONE 23 Chairman 24 25 BARBARA REYES 26 Recording Secretary 27 28 Resolution No. 3519 _ 2 Page 3 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) S I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3519 7 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of 8 April, 1997. 91 10 11 3AR34JZA REYES (j Recording Secretary 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A AMENDMENT NO. 1 OF CONDITIONAL USE PERMIT B9-021 CONDITIONS OF APPROVAL - RESOLUTION NO. 3519 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted clans for the project ,date stamped April 14, 1997, 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 the plans if such modifications are consistent with the provisions or the Tustin City Code. (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 Deoartment. (1) 1.3 Approval of Amendment No. 1 of Conditional Use Permit 89- 021 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. - (1) 1.4 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. ------------------------------------------------------------------- SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS ?xhibit .I Amendment No. 1 CUP 59-021 Page 2 (1) 1.5 Condition 1.3 of Planning Commission Resolution No. 2635 is hereby revised to read as follows: "Parking for the proposed commercial center shall be maintained as follows: ♦ 1 parking space per 200 square feet of retail use. ♦ 1 parking space per 250 square feet of office use. ♦ 1 parking space per 3 seats for restaurant use. ♦ 1 parking space per 200 square feet of medical/ dental uses, with a maximum of 1,460 square feet. Any additional medical/dental uses in excess of 1,460 square feet of floor area will require either a modification of the type of tenants to reduce the parking demand and/or preparation of a parking demand analysis to determine the adequacy of on- site parking. (1) 1.6 Condition 1.3 of Planning Commission Resolution No. 2635 is hereby amended to read as follows: "The uses authorized by the approval of Conditional Use Permit (CUP) 89-21 are as follows: a. A minimum of 75 percent of the building floor area shall be devoted to retail sales establishments. b. The type of uses allowed in the project shall substantially conform to those uses authorized in the C-2 Zoning district except for those uses specifically prohibited in this resolution. All uses which require a CUP as listed in the C-2 zoning district will also require a Conditional Use Permit for this site. C. Prohibited Uses: Auto repair or general retail auto parts sales (excluding specialty accessory parts sales) or installation, schools or training facilities, laundromats, convenience or liquor stores, arcades or other gaming establishments. d. The maximum amount of building floor area devoted to medical/dental uses shall not exceed 3,700 square feet. " (1) 1.7 All other conditions of Planning Commission Resolution No. 2635 shall remain in full force and effect. ?�hibit A ..mendment No. 1 CUP 39-021 Page 3 USE, RESTRICTIONS (4) 2.1 The maximum number of seats permitted in each restaurant use is determined at the time of building plan check, and may be limited by the amount of parking available. Should additional parking become available or the tenant mixture change, the Community Development Department shall review all proposed seating plans based upon the parking ratios outlined in Condition 1.3, as amended-_ (4) 2.2 The existing restaurant tenants in space number and "H" shall be limited to a maximum of 1B seats per use. All additional seating shall. be removed. The property owner shall monitor the site to ensure compliance. (4) 2.3 If, in the future, the City is advised that a parking and/or traffic problem exists on the site or in the vicinity as a result of the medical/dental use, then the Director of Community Development and/or Traffic Engineer may require the applicant to prepare a parking demand analysis and/or traffic study, subject to review and approval of the Community Development Department and/or Traffic Engineer. If said study indicates that there is inadequate parking or traffic conflicts, the applicant shall. be required to provide mitigation measures to be reviewed and approved by the Community Development Director and/or Traffic Engineer. Said mitigation may include, but are not limited to, the following: . a. Establish alternate hours of operation. b. Restrict the maximum number of seats of restaurant use C. Secure off-site parking from adjacent property owners. (1) 2.4 All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structure and adjacent facilities will be grounds for City enforcement ,of its Property Maintenance Ordinance, including nuisance abatement procedures. PLAN SUBMITTAL (1) 3.1 At building plan check for interior modifications, submit three (3) sets of construction and site improvement plans in accordance with applicable Building Codes. Compliance with approved plans shall be inspected by the Community Development Department during construction and prior to final inspection. xhibit A ..mendment No. 1 CUP 39-021 P-ae 4 (1) 3.2 The building shall comply in all respects with the 3uilding Code, other related codes, City Ordinances and state and federal laws and regulations. (1) 3.3 A parking lot striping plan shall_ be submitted for review and approval of the Community Development Departmen7 to identify all compact parking spaces. SIGNS (4) 4.1 Prior to construction and installation of any wall signs, complete sign plans shall be submitted which address all proposed signs, consistent with the approved Master Sign Program for the center. Said plans are subject to the review and approval of the Community Development Department. The sign plans shall include dimension, materials, colors and method of illumination for each proposed sign. :EES (1) 5.1 Prior to issuance of any building permits, payment shall (5) be made of all applicable building plan check and permit fees. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. (1) 5.2 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that 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. ATTACHMENT E ZAA 15-002 ZONING ADMINISTRATOR ACTION 15-002 CONDITIONAL USE PERMIT 2014-20 DESIGN REVIEW 2014-017 13662 NEWPORT AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2014-20 and Design Review 2014-017 was filed Robert and Patricia Chick, requesting authorization for outdoor seating at the existing Dunn-Edwards Plaza, located at 13662 Newport Avenue, and to delete Condition 1.3 of Planning Commission Resolution No. 2635 and utilize parking requirements within the Tustin City Code. B. That the proposed land use is consistent with the Tustin City Code and General Plan. The site is zoned Planned Community Commercial (PC-C) and is established as a commercial center. Outdoor seating in common is permitted with Design Review in commercial areas. The land use is designated by the General Plan as Planned Community Commercial/Business (PCCB), which allows for a mix of commercial uses. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. Section 9299b(4)(d) of the Tustin City Code authorizes the Zoning Administrator to consider requests for amendments to conditions of approval established by the Planning Commission or City Council. Section 9272 of the Tustin City Code authorizes the Zoning Administrator to consider request for seating in common with design review. The proposed project meets all criteria to merit Zoning Administrator review of Conditional Use Permit 2014-20 and Design Review 2014-017. D. That a public hearing was duly called, noticed, and held for CUP 2014-20 and DR 2014-017 on January 28, 2015, by the Zoning Administrator. E. 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. Location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole in that: 1. Pursuant to Section 9299(4)(d) of the Tustin City Code, the Zoning Administrator may approve an amendment to conditions of Zoning Administrator Action 15-002 Conditional Use Permit 2014-20 & DR 2014-017 Page 2 approval established by Planning Commission or City Council if it can be determined by the Community Development Director to be minor in nature and will not alter the original intent of the project or site. The deletion of Condition 1.3 of Resolution No. 2635 and the use of Tustin City Code parking ratios will make the center consistent with other commercially zoned property. 2. The center is typical of a commercial shopping center and Condition 1 .4 of Resolution 2635 allows for uses within the Central Commercial (C2) district to locate within the center as it is most similar to that of the Planned Community Commercial (PC-C) district. This Resolution infers that the same off-street parking requirements applicable to C-2 district could apply to this commercial center. 3. The proposed outdoor seating in common will be appropriate for the center and will not alter the original intent of the site as follows: a. Height, bulk, and area of buildings: The applicant is not proposing to alter the height, bulk, or area of the building. The outdoor seating area is located adjacent to sidewalk appropriate for the center. b. Setbacks and site planning: The existing building is in compliance with all current development standards. The project proposal does not include any modifications to the existing setbacks or building footprint. The outdoor seating is setback approximately 145 feet from Newport Avenue away from traffic along Newport Avenue and E. Main Street. c. Overall Site Configuration: The project proposal will not alter the existing site configuration. The existing development provides adequate circulation and drive-aisles for the proposed use. The outdoor seating area will be protected with concrete planters and raised sidewalk. d. Exterior materials and colors: The primary building colors are earth tone colors which are consistent with the primary colors existing at Dunn-Edwards Plaza. The proposed color of the outdoor seating for the new tables, benches, and planter box elements will be "Misty Grey" and will be compatible with the surrounding area. The type of materials used for the outdoor seating will be durable and will be treated with an anti-graffiti sealant. e. Type and pitch of roofs: The applicant is not proposing to alter the type or pitch of roof. Zoning Administrator Action 15-002 Conditional Use Permit 2014-20 & DR 2014-017 Page 3 f. Size and spacing of windows, doors, and other openings: The applicant is not proposing to alter the windows, doors, or other openings. g. The physical appearance and design relationship of the proposed structures to existing structures and possible future structures in the vicinity and public thoroughfares: The proposed project incorporates massing and features consistent with other commercial buildings in the area. The building is a one-story building, which is consistent with the adjacent commercial buildings constructed within the commercial center and neighboring properties. The design of the outdoor seating area complies with all setback and height requirements specified for the Planned Community Commercial district and maintains a harmonious appearance along the streetscape to existing and future structures. h. Development guidelines and criteria as adopted by the City Council: The project is consistent with all applicable zoning, development standards, and guidelines of the City. i. Outdoor seating in common is permitted in commercial districts subject to design review. j. The relocation of one (1) handicap accessible space generated by the development of outdoor seating within the plaza can be accommodated by existing 7 surplus parking spaces on-site. One (1) additional handicap accessible space is proposed for a total of four (4) handicap accessible spaces. k. The proposed hours of operation are compatible with other commercial uses within Dunn-Edwards Plaza and neighboring commercial areas. F. This project is Categorically Exempt pursuant to Section 15301 (Class 1 — Existing Facilities) of Title 14, Chapter 3 of the Guidelines for the California Environmental Quality Act. 11. The Zoning Administrator hereby approves Conditional Use Permit 2014-20 and Design Review 2014-017amending the parking requirement for the center consistent with Tustin City Code and granting authorization of an outdoor seating area at an existing commercial center at 13662 Newport Avenue, subject to conditions attached hereto. Zoning Administrator Action 15-002 Conditional Use Permit 2014-20 & DR 2014-017 Page 4 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting held on the 28th day of January, 2015. ELIZABETH A. BINSACK ZONING ADMINISTRATOR VERA TISCARENO RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Vera Tiscareno, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 15-002 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 28th day of January, 2015. VERA TISCARENO RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2014-20 DESIGN REVIEW 2014-017 13662 NEWPORT AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 28, 2015, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 2014-20 and DR 2014-017 are 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 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. (1) 1.5 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) 1.6 As a condition of approval of Conditional Use Permit 2014-20 and DR 2014-017, 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 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 Zoning Administrator Action 15-002 Conditional Use Permit 2014-20 & DR 2014-017 Exhibit A Page 2 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 the defense of any such action under this condition. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 Condition 1.3 of Planning Commission Resolution No. 2635 is hereby deleted. All other conditions of Resolution 2635 remain in full force and effect. BUILDING DIVISION (1) 2.1 The design of the new disabled parking space shall comply with Chapter 11 B of the 2013 California Building Code. (1) 2.2 Submit three (3) sets of plans to the Building Division for plan check. PUBLIC WORKS (1) 3.1 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 or the amount required by the California Green Building Standards Code. 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 the following amounts: Commercial: All multi-family and commercial projects shall submit a security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $2,500, whichever is greater. In no event shall a deposit exceed $25,000. Zoning Administrator Action 15-002 Conditional Use Permit 2014-20 & DR 2014-017 Exhibit A Page 3 c) Prior to issuance of any permit, the applicant shall submit th required security deposit in the form of cash, cashier's checl personal check, or money order made payable to the "City of Tustin" FEES (1, 5) 4.1 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.