HomeMy WebLinkAbout05 PC REPORT DR 2015-003 JABBERWOCKYAG NDA R PORT
MEETING DATE: MARCH 24, 2015
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
ITEM #5
SUBJECT: DESIGN REVIEW 2015-003 A REQUEST TO SATISFY REQUIREMENT
FOR FIVE (5) ON-SITE PARKING STALLS THROUGH THE OLD TOWN
PARKING EXCEPTION PROGRAM AT THE JABBERWOCKY LOCATED
AT 434 EL CAMINO REAL
APPLICANT: WILLIAM PRESCOTT
18752 E 17TH STREET
TU STI N, CA 92705
PROPERTY OWNER: MARGARET POTTENGER
P.O. BOX 1946
TUSTIN, CA 92781
LOCATION: 434 EL CAMINO REAL
GENERAL PLAN: OLD TOWN COMMERCIAL
ZONING: CENTRAL COMMERCIAL (C2) PARKING OVERLAY (P)
CULTURAL RESOURCES DISTRICT (CR)
EXISTING LAND USE: COMMERCIAL
ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) SECTION 15301, CLASS 1
REQUEST: REQUEST TO SATISFY REQUIREMENT FOR FIVE (5) ON-
SITE PARKING STALLS THROUGH THE OLD TOWN
PARKING EXCEPTION PROGRAM AT THE
JABBERWOCKY LOCATED AT 434 EL CAMINO REAL
PC Report
March 24, 2015
DR 2015-003
Page 2
Jabberwocky Building (Photos taken approx. 1979)
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4278, approving Design Review
(DR) 2015-003 (Attachment E) approving a request to satisfy the requirement for 5 on-
site parking stalls through the Old Town Parking exception program at the Jabberwocky
located at 434 EI Camino Real.
APPROVAL AUTHORITY:
In accordance with Tustin City Code Section 9252j3(d) development proposed within both
the Central Commercial District (C2) and the Old Town Commercial General Plan land use
designation (the commercial portion of Old Town Tustin), may satisfy all or a portion of the
required number of on-site parking spaces through the payment of a fee, in an amount
determined by Fee Resolution of the City Council, upon a determination of the Tustin
Planning Commission that the proposed project meets specific findings.
BACKGROUND:
Project Site and Surrounding Uses
The project site is located on EI Camino Real just south of Main Street. The property is
zoned Central Commercial District (C2) Parking Overlay (P) within the Old Town
Commercial General Plan land use designation. The project site is within the Cultural
Resource Overlay District (CR) and is listed on the City's Historic Resources Survey. The
National Register of Historic Places (NRHP) status code (3S) indicates that the structure is
eligible for the National Register.
PC Report
March 24, 2015
DR 2015-003
Page 3
The project site is surrounded by commercial uses to the east; the City's parking structure
to the west; a vacant commercial parcel to the north; and a residential use to the south.
The property was improved with an "A" rated store front in the Victorian Italianate style per
the City of Tustin Historical Resources Survey (1990). However, on December 15, 2011,
the structure was extensively damaged by fire (approximately 80% of the main structure
was damaged). The site also contains an existing residential structure (approximately 840
sq. ft.) and an existing storage shed (approximately 500 sq. ft.) which are located to the
rear (west) of the main structure. Neither of these structures were damaged in the fire and,
therefore, were not included in the proposed restoration and rebuild.
Photos taken after the fire
PC Report
March 24, 2015
DR 2015-003
Page 4
Reconstruction of the existing original structure was proposed
and on November 7, 2012, the project was approved through
an administrative approval and issuance of a Certificate of
Appropriateness (Attachment C) for restoration and rebuild of
the main structure.
The improvements included restoration of the existing facade
to its original condition; red paint; restoration of the existing
windows on the south elevation; new vintage windows on the
north elevation to match the original windows; and ADA
accessible doors and access ramp.
PROJECT DESCRIPTION AND FINDINGS:
Proposal
Building shown with improvements
Reconstruction of the Jabberwocky is nearly complete to date. However, the parking
agreement that served the property through a shared parking arrangement with the
property to the south has expired. Therefore, the applicant is requesting an agreement to
satisfy the requirement for five (5) on-site parking stalls through the Old Town Parking
exception program.
Ordinance No. 1416 sets forth parking exceptions for the commercial portion of the CR
District. This Ordinance provides an exception to the on-site parking requirements (as
described below) through the payment of a fee upon Planning Commission approval. The
applicant has provided a parking exception request to pay fees for a portion of the parking
not provided on-site. The fee, set by the City Council, is $60 per parking space per year.
The applicant will be required to enter into a lease agreement with the City for the parking
exception.
Findings
Development proposed within both the Central Commercial District (C2) and the Old Town
Commercial General Plan land use designation, may satisfy all or a portion of the required
number of on-site parking spaces through the payment of a fee upon Planning
Commission approval based on specific findings.
Table 1 shows the following: (1) the required findings necessary to authorize the parking
exception, (2) indicates whether it meets the intent of the finding, and (3) supporting
comments based on staff's analysis of the project.
PC Report
March 24, 2015
DR 2015-003
Page 5
TABLE 1
Finding required
Meets Intent
Comment
The proposed project is an
Yes
The project is located within
infill project located within the
the Central Commercial
Commercial District of Old
District (C2) and the Old Town
Town.
Commercial General Plan land
use designation.
That the proposed project is
Yes
The project site is less than a
considered to be relatively
quarter of an acre.
small.
That the proposed project has
Yes
The approved and
incorporated building or site
reconstructed structures
design enhancements that
preserve the most significant
make it an outstanding
restorable historical portion of
addition to Old Town Tustin.
the building which was the 1885
frontispiece. The project
incorporates high quality
materials and enhancements
in the fagade, storefronts and
throughout the building.
Restoration protected,
maintained and stabilized the
original Victorian Italianate
fa ad e .
That the proposed project
Yes
The project provides an on-site
provides some onsite parking,
driveway and parking area for
but is aesthetically superior to
the existing house at the rear
one that provided all required
of the property.
parking on site.
The reconstruction of the
existing historic building limits
availability for additional on-
site parking spaces and will be
best served through the off-site
parking agreement.
That the project applicant
Yes
As a condition of approval, the
shall agree to pay an annual
applicant shall enter into an
fee for each public space not
agreement to pay an annual
provided on site.
fee for parking not provided
on-site.
Other findings that may be
Yes
The Old Town Parking
adopted from time to time by
Exception Fee was established
the City Council.
at $60 per space through City
Council Resolution No. 12-27.
PC Report
March 24, 2015
DR 2015-003
Page 6
Environmental:
This project is categorically exempt from further environmental review pursuant to CEQA
Section 15301, Class 1, "Existing Facilities" in that the project site is an existing facility and
involves agreement for off-site parking.
nic Elizabeth A. Binsack
Senior Planner Director of Community Development
Attachments:
A. Location Map
B. Land Use Fact Sheet
C. Certificate of Appropriateness issued November 7, 2012
D. Submitted Plans
E. Resolution No. 4278
ATTACHMENT A
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Attachment A
434 El Camino Real
Location maps
Aerial Map
Zoning Map
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ATTACHMENT B
LAND USE APPLICATION FACT SHEET
1 LAND USE APPLICATION
NUMBER(S)
2 LOCATION:
3 ADDRESS:
4 LOT:
TRACT
5 APN(S):
6 PREVIOUS OR CONCURRENT
APPLICATION RELATING TO
THIS PROPERTY:
7 SURROUNDING LAND USES:
8 SURROUNDING ZONING
DESIGNATION:
9 SURROUNDING GENERAL
PLAN DESIGNATION:
10 SITE LAND USE:
DEVELOPMENT FACTS:
11 SITE AREA
12 BUILDING LOT COVERAGE
13 SITE LANDSCAPING
1
Design Review 2015-003
West side of EI Camino Real just south of Main Street
434 EI Camino Real
2
793
401-622-08
Certificate of Occupancy issued 11/7/12
North: Vacant Commercial
South: Residential
East: Commercial
West: Parking structure
North, south, east, west: Central Commercial District (C2) Parking
Overlay (P) within the Old Town Commercial General Plan land
use designation. The project site is within the Cultural Resource
Overlay District (CR).
North: Old Town Commercial
South: Old Town Commercial
East: Old Town Commercial
West: Old Town Commercial
Existing Proposed
General Plan: Old Town Commercial same
Zoning: C2 (P) (CR) same
6,098 sq ft
No change proposed
No change proposed
LAND USE APPLICATION FACT SHEET
14 OPEN SPACE: No change proposed
15 PARKING REQUIRED: five (5) on-site parking stalls
PROPOSED: Old Town Parking exception program
16 BUILDING HEIGHT: No change proposed
17 BUILDING SETBACKS No change proposed
18 OTHER UNIQUE CONDITIONS Listed on the City's Historic Resources Survey
ASSOCIATED TO THE
PROPERTY (I.E. SPECIAL
STUDY ZONES, EASEMENTS,
ETC.)
2
ATTACHMENT C
artm.eii.t
Cominunity De_V.... opment Dep�
CERTIFICATE OF APPROPRIATENESS
NOVEMBER i, 201
434 EL CAMINO REAL
TvST[N,
The project is for restoration and rebuild of the main structure at 434 El Camino Real. The
project site is located within the Cultural Resource Overlay District and is listed on the
City's Historic Resources Survey, The National Register of Historic Places (NRNP} status
code (3S) indicates that the structure is eligible for the National Register.
On December 15, 2011, the structure was extensively damaged by fire (approximately
80% of the main structure was damaged). The property is improved with an "A" rated store
front in the Victorian Italianate style per the City of Tustin Historical Resources Survey
(1990) and described as follows:
This building is significant architecturally as one of the few board -and -batten, single-wall
construction structures still standing in Tustin, as well as its association with prominent
Tustin community members. Historically, it was the office of Dr. James Sheldon, the first
doctor to practice in Tustin. Over the years, the building has served other uses. Dr.
James Patton Boyd used the building as his part time office, then Florence stone,
Postmistress from 1920 to 1924 subsequently used the office and lived in the quarters
in the rear of the building. In the 1930s, Mrs. Ernie Crawford operated Crawford's Frock
shop. Margaret Pottenger later owned the building for her clothing shop, the
Jabberwocky. Ms. Pottenger became a leader in Tustin's business community and was
the first woman to be on the Board of Directors of the Tustin Chamber of Commerce.
The main building consists of construction from three different historical periods:
1. The original building, built in 1885 consisting of approximately 821 square feet. It
was constructed of tongue and groove redwood siding having a steeply pitched
shingle roof with a Victorian Italianate "Exaggerated Storefront" facade.
2. An addition of approximately 250 square feet was added to the rear of the original
building in approximately 1914. The addition was constructed of a combination of
tongue and groove and batten -board siding attached to the rear of the original
structure with steeply pitched single roofline and multiple rear -facing gables.
3. A third addition of approximately 125 square feet in the "lean-to" style was added in
the 1940's when the building was used as wartime lodging for defense workers.
This addition located to the rear of the 1914 addition is of batten:, -board construction
with an original flat composite asphalt aggregate roof.
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i t I s ro Ity
RUQ[. )ING OUR FUTURE
HONORING
OUR, PA -ST
The project is for restoration and rebuild of the main structure at 434 El Camino Real. The
project site is located within the Cultural Resource Overlay District and is listed on the
City's Historic Resources Survey, The National Register of Historic Places (NRNP} status
code (3S) indicates that the structure is eligible for the National Register.
On December 15, 2011, the structure was extensively damaged by fire (approximately
80% of the main structure was damaged). The property is improved with an "A" rated store
front in the Victorian Italianate style per the City of Tustin Historical Resources Survey
(1990) and described as follows:
This building is significant architecturally as one of the few board -and -batten, single-wall
construction structures still standing in Tustin, as well as its association with prominent
Tustin community members. Historically, it was the office of Dr. James Sheldon, the first
doctor to practice in Tustin. Over the years, the building has served other uses. Dr.
James Patton Boyd used the building as his part time office, then Florence stone,
Postmistress from 1920 to 1924 subsequently used the office and lived in the quarters
in the rear of the building. In the 1930s, Mrs. Ernie Crawford operated Crawford's Frock
shop. Margaret Pottenger later owned the building for her clothing shop, the
Jabberwocky. Ms. Pottenger became a leader in Tustin's business community and was
the first woman to be on the Board of Directors of the Tustin Chamber of Commerce.
The main building consists of construction from three different historical periods:
1. The original building, built in 1885 consisting of approximately 821 square feet. It
was constructed of tongue and groove redwood siding having a steeply pitched
shingle roof with a Victorian Italianate "Exaggerated Storefront" facade.
2. An addition of approximately 250 square feet was added to the rear of the original
building in approximately 1914. The addition was constructed of a combination of
tongue and groove and batten -board siding attached to the rear of the original
structure with steeply pitched single roofline and multiple rear -facing gables.
3. A third addition of approximately 125 square feet in the "lean-to" style was added in
the 1940's when the building was used as wartime lodging for defense workers.
This addition located to the rear of the 1914 addition is of batten:, -board construction
with an original flat composite asphalt aggregate roof.
I -_v 5""l- '1 100 3 - I 1 3 w ki t t I �_ L
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Certificate of Appropri S%
434 El Camino Real
November 7, 2012
The site also contains an existing residential structure (approximately 840 sq. ft.) and an
existing storage shed (approximately 500 sq. ft.) which are located to the rear (west) of the
main structure. Neither of these structures was damaged in the fire and, therefore, is not
included In the proposed restoration and rebuild.
The proposed restoration and rebuild include the following:
Reconstruct the existing original structure:
a. Existing facade to be restored to original condition
b. Paint red to match (Hardie Countrylane Red)
c. Existing window to be restored and reused on south elevation
d. Add new vintage window to north elevation to match existing window on
south elevation
e. Existing side door to be reused and new ADA hardware installed
f. Installation of new handicap ramp for accessibility
2. Hyphen (connecting link between original 1885 building and the historically
sensitive rebuild)
a. New 1/2 inch galvanized corrugated metal siding
b. Existing window on south elevation to be restored and reused
3. Rebuild of historically sensitive rear addition
a. New siding board and batten painted Hardie Countrylane Red to match
b. GAF Timberline shingles: style: Natural Shadow; color: charcoal
c. Dormer added to south elevation for natural light
The proposed restoration and rebuild involves and is intended to accomplish the following:
1. Preserve the most significant restorable historical portion of the building which is
the 1885 frontispiece. Protect, maintain and stabilize the original Victorian Italianate
fagade.
2. Raze the fire, insect damaged and rotted portion of the original 1885 structure.
Reconstruct the exterior appearance of the original structure using new materials.
Depict, by means of new construction, the form, features and detail of the non -
restorable elements of the site.
3. Raze existing historic features that do not represent the desired restorationperiod.
a. Portion dated circa 1914
b. Portion dated circa 1940
4. Build new portions of the building to replace 1914 and 1940 additions.
a. The proposed project includes an architectural "hyphen" to create a clear
distinction between the old and the new. In architecture, a hyphen is a
connecting link between two larger building elements.
Certificate of ApproprieSS
434 El Camino Real
November 7, 2012
b. Construct the newly designed structural elements, in tune with but not in
duplication of, the circa 1885 design of the original building.
c. New structural elements designed to replace or respect existing rooflines,
materials, textures, scale and mass of the existing building or structure. The
new construction is intended to acknowledge the property's specific
characteristics.
In accordance with Ordinance No. 1001 which was adopted June 20, 1988, by the Tustin
City Council, the Community Development Director has the authority to approve, approve
with conditions, or deny Certificates of Appropriateness for improvements requiring a City
building permit for property located within a Cultural Resource District.
The Community Development Department finds and determines as follows:
A. The proposed work conforms to the Municipal Code and any applicable design
standards in that the proposed project meets zoning code and building code
requirements.
B. The proposed work does not adversely affect the character of the District or
Designated Cultural Resources within the District in that: the proposed restoration
and rebuild will be consistent with, protect, maintain and stabilize, the original
Victorian Italianate fagade. The original structure, built in 1885 will be reconstructed
using original features, including refurbished windows and restored fagade features.
Furthermore, the rear rebuild will be constructed to be historically sensitive to the
original structure through the use of materials and colors that are specific to the
time period.
C. The proposed work is harmonious with existing surroundings in that the original
1885 structure will be reconstructed on the exterior to imitate the appearance of the
original structure using new materials. The new structural elements of the rear
rebuild are designed to replace or respect the existing rooflines, materials, textures,
scale and mass of the existing 1885 structure.
The proposed work is hereby approved, subject to the following conditions:
1. Prior to the start of any work, the applicant shall obtain a building permit and pay all
applicable plan check and permit fees.
2. Prior to project final and occupancy, field inspection shall be conducted to verify
consistency with the approved set of plans,
Elizabeth A. Binsack
Community Development Director
ATTACHMENT D
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To- I AM,
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING DESIGN REVIEW 2015-003
FOR A REQUEST TO SATISFY REQUIREMENT FOR FIVE
(5) ON-SITE PARKING STALLS THROUGH THE OLD TOWN
PARKING EXCEPTION PROGRAM AT THE
JABBERWOCKY LOCATED AT 434 EL CAMINO REAL.
The Planning Commission does hereby resolve as follows:
1. The Planning Commission finds and determines as follows:
A. That a proper application for Design Review (DR) 2015-003 was filed
by William A. Prescott on behalf of the owner, Margaret E. Pottenger,
for a request to satisfy the requirement for five (5) on-site parking stalls
through the Old Town Parking exception program at the Jabberwocky
located at 434 El Camino Real.
B. That, in accordance with Tustin City Code Section 9252j3(d)
development proposed within both the Central Commercial District
(C2) and the Old Town Commercial General Plan land use
designation, may satisfy all or a portion of the required number of on-
site parking spaces through the payment of a fee, in an amount
determined by Fee Resolution of the City Council, upon a
determination of the Tustin Planning Commission that the proposed
project meets specific findings. In addition, the project has been
reviewed for consistency with the Air Quality Sub -element of the City of
Tustin General Plan and has been determined to be consistent with the
Air Quality Sub -element.
C. That a public meeting was duly called, noticed, and held for Design
Review 2015-003, on March 24, 2015, by the Planning Commission.
D. That the proposed project is located within both the Central
Commercial District (C2) and the Old Town Commercial General Plan
land use designation, and will satisfy the required number of on-site
parking spaces through the payment of a fee upon Planning
Commission approval based on the following findings:
1) The proposed project is an infill project located within the
Commercial District of Old Town.
Reconstruction of the existing original structure was approved
through an administrative approval and issuance of a Certificate
of Appropriateness on NovemberThe project is located
within the Central Commercial District (C2) and the Old Town
Commercial General Plan land use designation.
11W.,
iesolution No. 4278
.'age 2
2) That the proposed project is considered to be relatively small,
The project site is less than a quarter of an acre.
3) That the proposed project has incorporated building or site
design enhancements that make it an outstanding addition to
Old Town Tustin.
The approved and reconstructed structures preserve the mos
significant restorable historical portion of the building which wa
the 1885 frontispiece. The project incorporates high qualit
materials and enhancements in the tagade, storefronts an
throughout the building. Restoration protected, maintained an
stabilized the original Victorian Italianate tagade. i
4) That the proposed project provides some onsite parking, but is
aesthetically superior to one that provided all required parking on
site.
The project provides an on-site driveway and parking area for
the existing house at the rear of the property. The reconstruction
of the existing historic building limits availability for additional on-
site parking spaces and will be best served through the off-site
parking agreement.
5) That the project applicant shall agree to pay an annual fee for
each public.space not provided on site.
As a condition of approval (Condition No. 1.8), the applicant shall
enter into an agreement to pay an annual as for parking not
provided on-site.
6) Other findings that may be adopted from time to time by the City
Council.
The Old Town ParkIng Exception Fee was established at $60
per space through City Council Resolution No. 12-27.
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 in that the
proposed work conforms to the Municipal it and any applicable design
standards;
r1%
nesolution No. 4271,
Page 3
That the proposed work does not adversely affect the character of the
District or Designated Cultural Resources within the District in that the
proposed parking exception will provide some onsite parking, but is
aesthetically superior to one that provided all required parking on site.
Specifically, the project provides an on-site driveway and parking area for
the existing house at the rear of the property. The reconstruction of the
existing historic building limited availability for additional on-site parking
spaces and the project will be best served through the off-site parking
agreement;
G. That the proposed work is harmonious with existing surroundings in that thd
Sk
original 1885 structure was reconstructed on the exterior to imitate thle
appearance of the original structure using new materials; and,
That the location, size, and general appearance of the proposed project, as
conditioned, is compatible with the surrounding area in that there are other
properties within the vicinity that have been reconstructed and provided
parking through the City's Parking Exception Agreement.
1. That this project is categorically exempt from further environmental review
pursuant to CEQA Section 15301, Class 1, "Existing Facilities" in that the
project site is an existing facility and involves agreement for off-site
parking.
The Planning Commission hereby approves Design Review 2015-003
approving a request to satisfy the requirement for five (5) on-site parking
stalls through the Old Town Parking exception program at the Jabberwocky
located at 434 El Camino Re,2_1
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a
regular meeting on the 24th day of March, 2015.
JEFF R. THOMPSON
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA
COUNTY OF ORANGE
Resolution No. 4274-,
Page 4
•
1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4278 was duly passed and
adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day o -l'
March, 2015.
ELIZABETH A. BINSACK
Planning Commission Secretary
LV VT 4 IL Fd _:T± U
EXHIBIT A
RESOLUTION NO. 4278
;DESIGN REVIEW 2015-003
CONDITIONS OF APPROVAI
The proposed project shall substantially conform with the submitted plans for
the project date stamped March 24, 2015, 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
during plan check if such modifications are to be consistent with the
provisions of the Tustin City Code JCC) and other applicable codes.
(1) 1.2 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.
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.
1.4 Approval of Design Review (DR) 2015-003 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
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.
1.5 Any violation of any of the conditions imposed is subject to issuance of an
administrative citation pursuant to TCC 11 62(a).
1.6 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.
1.7 As a condition of approval of DR 2015-003, the applicant shall agree, at its
sole cost and expense, to defend, indemnify, and hold harmless the City, its
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTION
Exhibit A
Resolution No. 4278
CUP 2014-22
Page 2
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.
1.8 Prior to the issuance of a Certificate of Occupancy, the applicant shall
comply with Ordinance No. 1416 established by City Council Resolution No.
12-27 by executing and recording an agreement requiring the payment of an
annual fee per space not provided on site that would compensate the City
for the project's proportional use of public street and lot parking spaces.
1.9 In the event that the City implements programs and regulations to create
parking or other assessment district(s), the property owner and all
successors in interest shall not contest and must participate in the
implementation of such program.
(2) 2.1 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.