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HomeMy WebLinkAboutZAA 15-002ZONING 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. II. 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 u �; �1�►111 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. GENERAL EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2014 -20 DESIGN REVIEW 2014 -017 13662 NEWPORT AVENUE 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 J 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.