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HomeMy WebLinkAboutPC RES 4278RESOLUTION NO. 4278 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: I. 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 EI 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, 20151 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 November 7, 2012. The project is located within the Central Commercial District (C2) and the Old Town Commercial General Plan land use designation. Resolution No. 4278 Page 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 most significant restorable historical portion of 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 fagade. 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 fee 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 Code and any applicable design standards; EXHIBIT A RESOLUTION NO. 4278 DESIGN REVIEW 2015-003 CONDITIONS OF APPROVAL GENERAL (1) 1.1 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 (TCC) 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. (1) 1.3 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) 1.4 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) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 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) 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 DR 2015-003 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) 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) 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. FEES (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. Resolution No. 4278 Page 3 F. 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 the original 1885 structure was reconstructed on the exterior to imitate the appearance of the original structure using new materials; and, H. 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. I. 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. II. 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 EI Camino Real. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 24th day of March, 2015. AUSTIN LUMBARD E�/-4 Chair Pro Tem - , ELIZABETH A. BINSAC Planning Commission Secretary Resolution No. 4278 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, 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 of March, 2015. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary Altowaij i, Kozak, Lumbard, Smith (4) Thompson (1)