HomeMy WebLinkAboutRDA D.R. 93-019 11-15-93AGENDA:
RDA NO. 6
·
11-15-93
DATE:
NOVEMBER 15, 1993
Inter-Corn
WILLIAM A. HUSTON, CITY MANAGRR
TO:
COMMUNITY DEVELOPMENT DEPARTMENT
FROM:
DESIGN REVIEW 93-019, BAGEL ME! RESTAURANT, 13682 NEWPORT
SUBJEC~ AVENUE (APPLICANT: GARY McGILL)
RECOMMENDATION
It is recommended that the Redevelopment Agency approve Design
Review 93-019 by adopting Resolution No. RDA 93-17 as submitted or
revised. '
FISCAL CONSIDERATION
This project was initiated by the applicant and involves the
remodeling of an existing commercial building. Therefore, there
are no fiscal considerations to the City associated with this
project.
BACKGROUND
The applicant proposes to operate a bagel and yogurt restaurant in
an existing building located at the southeast corner of Andrews
Street and Newport Avenue. The existing building has two tenant
spaces: a nursery school which faces Andrews Street and has been
in operation on the site since 1977; and a tenant space which faces
Newport Avenue and which has previously housed retail
establishments. The proposed restaurant would be located in the
current vacant tenant space facing Newport Avenue. The two tenant
spaces have 13 parking spaces in the parking lot on site. Seven
spaces are required for the nursery school, leaving six spaces
available for the proposed restaurant.
On October 25, 1993, the Planning Commission approved Resolution
No. 3194A, authorizing a variance to reduce the parking requirement
for the subject restaurant from ten spaces to six spaces to
accommodate 30 restaurant seats. In granting the variance, the
Planning Commission determined that the parking lot at 13682
Newport Avenue would accommodate the needs of the nursery school
and the proposed restaurant through its joint use. The Planning
Commission also required the applicant to obtain four off-site
parking spaces within 300 feet of the subject site to accommodate
employee parking needs.
Redevelopment Agency Report
Design Review 93-019
November 15, 1993
Page 2
The applicant proposes to remodel the exterior of the structure by
adding awnings, stuccoing and painting the body of the building,
and replacing the doors. Various site modifications are also
proposed. As the subject property is located in the Town Center
Redevelopment project area, the Redevelopment Agency has final
authority over architectural development plans.
Surrounding uses include the Music Plus Plaza shopping center
across Andrews Street to the north, a nursery school in the
adjacent tenant space to the east, multiple family residential
dwellings to the east of the property, a commercial office building
to the south, Tustin Plaza shopping center across Newport Avenue to
the west, and Tustin Carwash diagonally across Newport and Main
Street to the northwest.
This item does not require a public hearing, therefore, no formal
notices were transmitted. A copy of the staff report and meeting
agenda was made available to the applicant.
DISCUSSION
The applicant proposes to modify the exterior of the tenant space
which faces Newport Avenue at 13682 Newport Avenue. The existing
structure is stucco faced, with vertical panels of wood flanking
large windows and the front door across the front of the tenant
space. Clerestory windows are above the storefront windows and
wrap around the sides of the building. The roof slopes toward the
front of the building.
To modify the tenant space facing Newport Avenue, the applicant
would eliminate the vertical wood panels by stuccoing and painting
the body of the building. The clerestory windows would be
eliminated and the area would be stuccoed. A wainscotting strip
would be added to the building around the mid section at
approximately 42 inches above grade. The stucco below the
wainscotting would be painted a dark tan color, and the stucco
above the wainscotting would be painted a lighter tan. A new
window would be placed on the south end of the front elevation
facing Newport Avenue, and new double doors would replace the
existing doors in the front elevation. The trim of the windows and
doors would be painted light tan.
A green, opaque awning would be added around the entire tenant
space. The effect of the awning would be to conceal the roof that
slopes toward the front of the structure. A plexiglass, lighted
sign would be included on the awning, consistent with the Sign
Code. The roof top equipment necessary for the restaurant kitchen
would be screened by a wood screen constructed of solid vertical
Redevelopment Agency Report
Design Review 93-019
November 15, 1993
Page 3
members, and would be a minimum of six inches above the top of the
mechanical equipment.
The two existing monument sign pylons that are within the front
landscape planter along Newport Avenue would be stuccoed to match
the building. A plexiglass, lighted sign can would be placed
between the two stuccoed pylons. The Tustin Sign Code would not
permit a new monument sign in this location, since the property
does not have a minimum of 150 lineal feet of street frontage, nor
would the monument sign provide business identification for a
single tenant site. However, the monument sign pylons are
existing, non-conforming structures that would be permitted under
Section 9273, which states that a non-conforming structure or use
may not be expanded or made more intense unless such expansion or
intensification is in compliance with the regulations set forth in
the Code. As the monument sign would not be made larger than
previous monument signs constructed between the two existing
pylons, the monument sign would be permitted.
The applicant also proposed modification'of the parking lot in
order to bring it into closer conformance with the City's parking
lot and landscape guidelines. The proposal calls for re-stripping
the parking lot to allow for 13 parking spaces, including one
handicap space, to meet Title 24 requirements, and six compact
spaces which meet the City's standard (7'-6" x 19'-0") for compact
spaces. The City's parking standards suggests as a guideline that
20% of the required parking spaces may be designated for compact
cars, at the discretion of the Community Development Department
Director. The applicant's proposed modifications to the parking
lot would provide 46% of the total parking spaces as compact. The
provision of six compact spaces would allow the applicant to
provide landscape planters adjacent to Newport Avenue to visually
buffer the parking lot from the street.
The applicant proposed to add a 3'-8" planter along the south
parking stalls and a 4'-8" planter along the north parking stalls
adjacent to the 7'-6" wide sidewalk along Newport Avenue. The
proposed landscape plans call for two 24-inch box trees in each
planter. Two 15-gallon trees would also be located in a planter
adjacent to the north side of the building. An existing shed
addition would be removed from the south side of the building as
requested by the Police Department, and two 15-gallon trees would
be planted in the shed location. Five-gallon shrubs would be
planted in the two proposed planters adjacent to Newport Avenue to
meet the landscape guidelines. The existing trash enclosure would
be removed, and a new enclosure consistent with City requirements
would be constructed on the east side of the existing structure and
accessible from Andrews Street.
Redevelopment Agency Report
Design Review 93-019
November 15, 1993
Page 4
CONCLUSION
Based on the analysis conducted by staff, it is determined that the
proposed modifications would be harmonious with the surrounding
development, and would not impair the orderly and harmonious
development of the area. It is recommended that the Community
Redevelopment Agency approve Design Review 93-019 by approving
Resolution No. RDA 93-17 as submitted or revised.
Christine Shingleton
Assistant City Manager
BCS: br/dr9~O 19. bcs
Attachments:
Location Map
Site plan and elevations
Resolution No. RDA 93-17
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RESOLUTION NO. RDA 93-17
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF TUSTIN, CALIFORNIA APPROVING DESIGN REVIEW
93-019, AUTHORIZING THE EXTERIOR REMODELING OF AN
EXISTING COMMERCIAL STRUCTURE LOCATED AT 13682 NEWPORT
AVENUE. ~
The Community Redevelopment Agency of the City of Tustin does
hereby resolve as follows:
I. The Community Redevelopment Agency finds and determines as
follows:
a.
That a proper application, Design Review 93-019, was
filed by Gary McGill to permit exterior remodeling of
the existing commercial structure located at 13682
NeWPort Avenue.
Be
Pursuant to Section 9272 of the Tustin Municipal Code,
the Agency finds that the architectural features,
materials and colors will not impair the orderly and
harmonious development of the area, the present or
future development therein, or the occupancy as a
whole. In making such findings, the Commission has
considered at least the following items:
1. Height, bulk and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
5. Size and spacing of windows, doors and other
openings.
6. Towers, chimneys, roof structures, flagpoles,
radio and television antennae.
7. Landscaping, parking area design and traffic
circulation.
8. Location, height and standards of exterior
illumination.
9. Location and appearance of equipment located
outside of an enclosed structure.
10. Location and method of refuse storage.
11. Physical relationship of proposed structures to
existing structures in the neighborhood.
12. Appearance and design relationship of proposed
structures to existing structures and possible
future structures in the neighborhood and public
thoroughfares.
13. Proposed signing.
14. Development Guidelines and criteria as adopted by
the City Council.
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Resolution No. RDA 93-17
Page 2
Ce
That the proposed project is CategoriCally exempt
(Class 3) pursuant to the California Environmental
Quality Act 15303. ~ '
II. The Community Redevelopment Agency approves Design Review
93-019 to authorize the remodeling of an existing
commercial structure located at 13682 Newport Avenue,
subject to the conditions contained in Exhibit A of
Planning Commission Resolution 3194A incorporgted herein as
referenced.
PASSED AND ADOPTED at a regular meeting of the Tustin Community
Redevelopment Agency, held on the 15th day of November, 1993.
JIM POTTS
Redevelopment Chairperson
MARY E. WYNN,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR RDA RESOLUTION 93-17
MARY E. WYNN, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the Redevelopment Agency
of the City of Tustin is 5; that the above and foregoing RDA
Resolution No. 93-17 was duly and regularly introduced, passed
and adopted at a regular meeting of the Redevelopment Agency
held on the 15th day of November, 1993, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk
EXHIBIT A
CONDITIONS OF APPROVAL
VARIANCE 93-010
RESOLUTION NO. 3194A
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
site plan submitted for the proposal date-stamped October
25, 1993, 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 Community Development Department Director
may make minor modifications to the plan if such
modifications are consistent with applicable Code
provisions.
(1) 1.2 Unless otherwise specified, all 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 Director of Community
Development.
(1) 1.3 Variance approval shall be null and void unless necessary
building permits are issued within twelve (12) months of
the date on this exhibit.
(1) 1.4 The applicant and property owner shall sign and return an
Agreement to Conditions Imposed form prior to the
issuance of any building permits.
(1) 1.5 Ail construction and tenant improvements shall be in
accordance with the 1991 Uniform Building Code,
applicable City Codes and the City's Security Code.
(1) 1.6 The applicant shall hold harmless and defend the City of
Tustin from all claims and liabilities arising out of the
City's approval of the entitlement process for this
project.
*** 1.7 Approval of Variance 93-010 is contingent upon
Redevelopment Agency approval of Design Review 93-019.
SOURCE CODES
(1) STANDARD CONDITION (4) RESPONSIBLE AGENCY REQUIREMENT
(2) UNIFORM BUILDING CODE/S (5) LANDSCAPING GUIDELINES
(3) DESIGN REVIEW (6) PC/CC POLICY
*** EXCEPTION (7) TUSTIN CITY CODE
Exhibit A - Conditions of Approval
Resolution No. 3194A
Page 2
USE AND PARKING RESTRICTIONS
(4) 2.1 Ail employees of the restaurant at 13682 Newport Avenue
shall be required to park in an off-site parking lot.
The applicant shall be required to enter into a
reciprocal off-site parking agreement with an off-site
property owner who has excess parking spaces on a
property located within a 300 foot radius of the subject
site, as determined by the Community Development
Department, for a minimum of four (4) parking spaces
required above and beyond those provided on-site, subject
to the review and approval of the Community Development
Department. Such parking agreement shall be reviewed and
approved by the Community Development Department and City
Attorney, and recorded on the property prior to issuance
of any building permits.
*** 2.2 If within twelve months of the approval of this project
and/or after due study and deliberation by the Director
of Community Development, Director of Public Works, or
the Planning Commission, it is determined that a parking
problem exists on the site, the property owner shall
prepare a comprehensive parking demand study within 90
days. If the study indicates that existing on-site
parking is not adequate, the owner shall obtain
additional off-site parking through a recorded reciprocal
parking agreement with the owners of a property or
properties within 300 feet of' the subject parcel, or
other mitigation measures, such as but not limited to
valet parking, subject to approval of the City.
(4) 2.3 The applicant shall post a sign consistent with the
City's Sign Code on the property located at 13732 Newport
Avenue stating "Parking For Office Building Tenants Or
Visitors Only", subject to the review and approval of the
Community Development Department and the property owner
of 13732 Newport Avenue.
(4) 2.4 No alcoholic beverages shall be sold on the restaurant
premises.
(4) 2.5 No outdoor seating shall be permitted.
(4) 2.6 No live entertainment shall be permitted.
PLANNING DIVISION
(1) 3.1 The proposed awning shall not project into the public
right-of-way.
Exhibit A - Conditions of Approval
Resolution No. 3194A
Page 3
(4) 3.2 Awnings shall not be backlit.
(5)
3.3 A landscape planter shall be provided in the parking lot
between the first parking spaces and the property line.
One 15 gallon tree shall be provided for each 5 parking
spaces within the parking lot, and five 5 gallon shrubs
shall be provided per 25 lineal feet of planter area.
The parking area shall be buffered with a 30 inch high
minimum buffer. This buffer may be achieved with a shrub
screen, a berm or a combination of these two elements.
(4)
3.4
Provide a conceptual exterior lighting plan, details of
proposed fixtures and intensity of light. Note locations
on site plan and building elevations.
(7)
3.5 One foot candle of light in the parking area is required
in conformance with the City's Security Ordinance. All
light rays shall be confined to the property and shall
not produce glare for street traffic or adjacent
neighbors. New fixtures on building shall be of a
decorative design and shall be approved by the Director
of Community Development.
(4)
3.6 Exterior elevations of the building shall indicate any
equipment to be located on the roof, equipment height and
type of screening. All such equipment shall be screened.
Screen must be of solid construction with no openings.
Color of screen shall also be indicated. All parapets
shall be at least six inches above rooftop equipment for
the purpose of screening, or alternative screening shall
be provided, subject to the approval of the Director of
the Community Development Department. Provide a rooftop
plan identifying roof-mounted equipment, heights of such
equipment, heights of parapets and section details, if
necessary to illustrate such conformance.
(4) 3.7
No exterior downspouts shall be permitted on the facade
of the building which are visible from adjacent streets
or residential or commercial areas.
(4) 3.8 Provide exact details of window types and treatments.
(4) 3.9 Provide details for exterior doors.
(4)
3.10 Provide fully dimensioned elevations with notes
indicating all material finishes, color and details. All
exterior colors to be used shall be subject to the review
and approval of the Director of Community Development.
All exterior treatments must be coordinated in regard to
color, materials and detailing and noted on submitted
Exhibit A - Conditions of Approval
Resolution No. 3194A
Page 4
construction plans. Elevations shall indicate all colors
and materials to be used.
(4) 3.11 Note on plans that no outdoor storage is. permitted except
as approved by the Community DeveloPment Department
Director.
(6) 3.12 Ail existing overhead utilities exclusively serving the
site shall be undergrounded.
~(5) 3.13 Provide landscaping and irrigation plans with lists of
plant names (common and botanical), size, quantities,
locations, irrigation material and layout, location of
backflow preventors and automatic timers. One 24 inch
box tree per 30 lineal feet of street frontage and six 5
gallon shrubs per 25 lineal feet of street frontage shall
be provided in the landscape planters.
(4) 3.14 The trash enclosure shall be modified to meet the City's
current requirements. Elevations and details for a new
trash enclosure shall be provided. Solid metal, self
closing, self latching gates shall be provided. Said
enclosure shall be screened by a decorative wall of a
minimum height of six feet, and if required, a dense type
of landscaping. The actual location of said enclosure
and types of screening shall be subject to the approval
of the Community Development Department Director.
(7) 3.15 The monument sign shall be located in a landscape
planter, and shall be restricted to a maximum of 32
square feet in area. The existing brick posts of the
sign shall be modified with stucco and painted to match
the proposed modifications to the exterior of the
building with final design subject to approval of the
Director of the Community Development Department. The
materials, finishes and colors of the face of the
monument sign shall be consistent with all other signs
for the proposed restaurant. All other signs are subject
to separate permits.
FIRE DEPARTMENT
(4) 4.1 The following notes shall be provided on the site plan:
ae
Fire Department final inspection required.
Schedule inspection two days in advance. Telephone
(714) 832-1011.
Be
Locations and classification of extinguishers to be
determined by fire inspector.
Exhibit A - Conditions of Approval
Resolution No. 3194A
Page 5
C.
Storage, dispensing or use of any flammable and
combustible liquids, flammable and compressed
gasses and other hazardous materials shall comply
with Uniform Fire Code Regulations.
Do
Building(s) not approved for high piled combustible
storage. Materials in closely packed piles shall
not exceed 5 feet in height, 12 feet on pallets or
in racks and 6 feet for tires, plastics and some
flammable liquids if high stock piling, comply with
UFC, Art. 81 and NFPA Std. 231, 231C and 231D.
Ee
Plans of modification to or new fire protection,
detector or alarm system(s) shall be approved by
the Fire Department prior to installation.
(4) 4.2 Prior to installation, plans for an approved fire-
suppression system for the protection of commercial-type
cooking equipment shall be submitted to the Fire Chief
for approval. The system shall comply with the 1991
Uniform Fire Code Sec. 10.513.
(4) 4.3 Prior to the issuance of any building permits,
architectural plans shall be submitted to the Fire Chief
for approval. The occupancy shall be classified as an
A.3 and shall meet the requirement of such.
(4) 4.4 Prior to the issuance of any building permits, a seating
plan shall be submitted to the Fire Chief for approval.
The seating plan shall comply with the 1991 Uniform
Building Code Sec. 3315.
(4) 4.5 Prior to the issuance of any building permits, plans
shall be submitted to the Fire Chief. The plans shall
provide two exits per the 1991 California Building Code
Sec. 3303.(a). The two exits shall be placed a distance
apart equal to not less than one half of the length of
the maximum overall ~ ~ ....
d~agona~ dimension of the bul!dlng or
area to be served measured in a straight line between
exits.
ENGINEERING DIVISION
(4) 5.1 The existing curb ramp located in the curb return area
will need to be removed and reconstructed to the current
City Standard No. 124. The existing right-of-way corner
cut-off may not be adequate for the construction of the
new curb ramp and in that event, additional street right-
of-way dedication will be required per City Standard No.
Exhibit A - Conditions of Approval
Resolution No. 3194A
Page 6
124. The existing flag pole and a portion of the
existing planter, which is located in the existing right-
of-way, will need to be removed.
(4) 5.2 The existing drive apron on Newport Avenue will require
removal and construction per City Standard No. 108B.
(4) 5.3 A portion of the public sidewalk is missing along the
Newport Avenue frontage from the southerly property line
to approximately sixty three (63) feet northerly. The
existing asphalt will need to be removed within this area
and a full width sidewalk constructed per city Standard
No. 104A.
(4) 5.4 The existing westerly drive on the Andrews Street
frontage is not usable due to the existing building and
this drive apron and depressed curb will need to be
removed and full height curb and gutter constructed per
City Standard No. 103 along with full width sidewalk per
City Standard No. 104.
(4) 5.5 A separate 24" by.36" street improvement plan indicating
all new construction within the public right-of-way will
be required. This plan must be prepared by a California
Registered Civil Engineer. In conjunction with this
plan, a separate 24" x 36" traffic control plan prepared
by a California Registered Traffic Engineer will also be
required.
(4) 5.6 Red curb shall be installed along Newport Avenue from the
second driveway south of Andrews Street (professional
office building entry) up to the southeast corner of
Andrews Street and Newport Avenue.
PLAN SUBMITTAL
(4) 6.1 At plan check, submit three (3) sets of construction
plans. Requirements of the Uniform Building Code shall
be complied with as approved by the Building official.
No field changes shall be made without correct~.ons
submitted to and approved by the Community Development
Department.
(4) 6.2 Preliminary technical detail and plans for all utility
installation 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
Building official.
Exhibit A - Conditions of Approval
Resolution No. 3194A
Page 7
FEES
(1)
7.1 Payment of all building plan check and permit fees shall
be made prior to issuance of any building permits, in
accordance with the Tustin City Code.