HomeMy WebLinkAboutRDA D.R. 94-028 11-07-94AGENDA_...
FDA NO. 4
11-7-94
Inter-Corn
DATE: NOVEMBER 7, 1994
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON
COMMUNITY DEVELOPMENT DEPARTMENT
APPEAL OF DESIGN REVIEW 94-028
(PLAETILINE WEST - APPLICANT; KFC -OWNER)
RECOMMENDATION
Pleasure of the Agency.
FISCAL IMPACT
There are no fiscal impacts associated
this is an applicant initiated project.
with this application as
BACKGROUND
On October 17, 1994, the Redevelopment Agency directed the
Community Development Department to prepare a resolution approving
Design Review 94-028 eliminating conditions of approval 2.2, 2.3,
2.4 and 2.13 related to the use of backlit awnings, a vinyl awning
material, stripes on the proposed awning and tower elements and
roof lighting. A discussion of the proposed project and conditions
appealed by the applicant is included as Attachment A.
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 property owner and to the
applicant.
Redevelopment Agency Report
Design Review 94-028
November 7, 1994
Page 2
CONCLUSION
Based on the direction~provided to staff by the Redevelopment
Agency related to this project, it would be appropriate for the
Agency to adopt Resolution No. RDA 94-13 modifying Conditions of
Approval of Zoning Administrator Action 94-009.
Ass' t~a~'£ Planner
Community Development Department
Director
Attachments:
L0~ation Map
Elevations
Attachment A-
Attachment B-
Attachment C-
Redevelopment
Agency Report October 17, 1994
Applicant's letter
Zoning Administrator Action 94-009
Resolution No. RDA 94-13
LOCATION
MAP
,(
NO SCALE
· ~10-17-94
Inter-Com '
~ATE: OCTOBER 17, 1994
TO:
FROM:
SUBJEC~
WILLIAM A. HUSTON
COMMUNITY DEVELOPMENT DEPARTMENT
DESIGN REVIEW 94-028 (PLASTILINE WEST -
APPLICANT; KFC -OWNER)
RECOMMENDATION
It is recommended that the Redevelopment Agency uphold the Zoning
Administrator's approval of Design Review 94-028 as conditioned, by
adopting Resolution No. RDA 94-13.
FISCAL IMPACT
There are no fiscal
this is an applicant
impacts associated with
initiated project.
this application as
BACKGROUND
On September 19, 1994~ Dana Ogdon, acting as the Zoning
Administrator approved Design Review 94-028 authorizing exterior
remodelling of the existing KFC restaurant located at 1022 East
First Street, subject to certain conditions of approval (Attachment
A). On September 26, 1994, the Community Development Department
received the applicant's appeal of three conditions (Attachment B).
The conditions appealed are as follows:
· 2.3
· 2.4
The proposed vinyl awning shall be replaced with a canvas
material, subject to the review and approval of the
Community Development Department;
The proposed striping on the awning and tower element
roof shall be eliminated from the design. A solid color
awning and tower element roof shall be used to be more
compatible with the other existing structures in the
neighborhood of the subject location. Final color shall
be subject to the review and approval of the Community
Development Department; and
2.13
The material of the roof on the tower element shall be
opaque to prevent the tower from appearing to be
illuminated by any lighting fixture.
ATTACHMENT A
Redevelopment Agency Report
Design Review 94-028
O~oher 17, 1994
Page 2
The proposed project is located within the Town Center
Redevelopment Area. Pursuant to Tustin city Code Section 9299b the
Zoning Administrator has design review authority for projects
within the redevelopment areas. Zoning Administrator design review
actions may be appealed to the Redevelopment Agency.
Uses surrounding the proposed project include a dark brown, split-
faced concrete block bank and a split-faced concrete block shopping
center with red, Spanish tile roofs across First Street to the
north, an ochre-yellow colored stucco commercial building to the
east, split-faced concrete block commercial structures with red,
Spanish tile roofs to the south, and a vacant lot between the
subject structure and Newport Avenue to the west. Structures
across Newport Avenue to the west include a white stucco bank and
a split-faced concrete block bank with diagonal wood siding.
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 property owner and to the
applicant.
PROJECT DESCRIPTION
The requested modifications to the subject restaurant include
eliminating an existing red, metal, mansard roof structure and
replacing it with an aluminum parapet reaching 16'-3" in height to
match the lower section of the structure. The parapet is proposed
to be decorated with an aluminum cornice element and a smaller
horizontal band beneath the cornice that appears to be manufactured
as part of the parapet. The parapet would be stepped up in height
on the front elevation facing First Street to 17'-6" in height, and
a tower element reaching 22'-9", would be centered on the front of
the structure. The tower element would provide the restaurant with
a thirty square foot area for primary signage facing First Street.
The side and rear elevations of the tower element would not be used
for signage, but would be solid panels. A red awning with white
and red striped sections would be added on the front and side
elevations.
Condition 2.3 requires the material of the awning be changed from
vinyl to canvas. Canvas is preferable to plastic, vinyl or metal
as it is a more aesthetically pleasing awning material due to the
softer effect of the canvas material. Canvas can be treated to be
fire resistant, and color fast for up to five years. Canvas
awnings can be swept or blown clean with a hose, and stains can be
removed with soap and water. Canvas awnings are used throughout
Redevelopment Agency Report
Design Review 94-028
October 17, 1994
Page 3
the city, most notably at ~~ Plaza, in the Old Town
and in strip shopping centers along Newport Avenue.
area,
Vinyl was proposed by the applicant for the awning fabric to allow
light fixtures placed underneath the awnings to illuminate the
awnings. However, backlit, illuminated awnings are prohibited in
the City. Furthermore, canvas would not give the appearance of
being underlit like vinyl could, should lighting fixtures be
illegally placed under the awnings in the future.
Condition 2.4 requires the striping on the awning and roof of the
tower element be eliminated, and a solid color selected for both
elements. Red and white alternating stripes are proposed for the
middle sections of the awnings which would be located on the north
(front), east and west elevations of the structure. The remainder
of the awning would be red. The tower element is also proposed to
be capped with an alternating red and white striped, metal, hipped
roof.
The Zoning Administrator has reviewed the requested design for
compatibility with the appearance of surrounding structures as
required by Section 9272 of the Tustin Municipal Code, and has
found that the proposed alternating red and white stripes would not
be consistent with the architectural treatment of the surrounding
buildings, which generally consist of rustic materials such as
split-faced concrete block, stucco and red Spanish tile.
Therefore, the proposed alternating stripping would impair the
orderly and harmonious development of the area.
The applicant's letter states that the proposed striping on the
awning and tower element is part of KFC's new corporate identity.
While it is important that a franchise restaurant is recognizable
for patrons, it is also desirable for the restaurant to be
architecturally compatible with the surrounding neighborhood. An
example ef fast food franchises that bare modified their design to
be compatible with surrounding arckitecture are those in the Tustin
Marketplace. Although each of the three, stand-alone, fast food
restaurants at the Marketplace is designed in the Marketplace
theme, the restaurants are all recognizable by their standardized
signage and sign colors.
The Zoning Administrator's approval would still allow the applicant
to retain the architectural design of the proposed modifications,
as well as the signage and proposed colors. The conditions of
approval included in Zoning Administrator Action 94-009 would make
the proposed modifications harmonious with the surrounding
architecture. KFC would be permitted to use its' corporate colors,
Redevelopment Agency Report
Design Review 94-028
October 17, 1994
Page 4
Condition 2.13, requires that the roof of the tower element shall
be opaque to prevent to tower element from appearing to be
illuminated by any lighting fixture. Although the plans submitted
for design review did not indicate that the roof element was to be
underlit to make the red and white roof glow beacon-like at night,
the Community Development Department added this condition, since it
is apparent by the applicant's photograph of the prototypical store
that the roof was intended to be illuminated. The applicant's
letter states the illuminated roof element is part of the
restaurant's new image.
Although it may be desirable for a franchise restaurant to project
a unified image nationwide by utilizing standard colors, signage
and construction, this standard image was developed for maximum
visibility without taking into account the actual neighborhood in
which a franchise store may be located. As many franchise
restaurabts'are located near a freeway, the illuminated roof of the
standard'design would be desirable from the franchise's perspective
to attract attention from freeway traffic. However, the existing
restaurant is located on First Street, a local street. The speed
limit for local streets is 25 miles per hour. Therefore, a beacon
on the top of the restaurant is not necessary to attract attention
from the traffic source which is primarily residential.
Furthermore, the proposed illuminated roof is not consistent with
surrounding structures, nor any structure within the city.
Allowing the illuminated roof element may set a precedent for other
fast food restaurants throughout the city.
CONCLUSION
Based on the above discussion and recommended modifications of the
proposed project, it is recommended that the Redevelopment Agency
uphold the action of the Zoning Administrator by adopting
Resolution No. RDA 94-13.
Assis 'a~lanner
Attachments:
cq%ristine A. Sh~gleton
Assistant City %~anager
Community Development Department
Director
Location Map
Elevations
Attachment A - Zoning Administrator Action 94-009
Attachment B - Applicant's letter
Resolution No. RDA 94-13
13489 Slover
Building B
Fontana, California 92337
Tel: (909) 823-1239
Fax: (909) 823-2013
September 26, 1994
City of Tustin
300 Centennial Way
Tustin, CA 92680
ATTN; Ms. Becky Stone
Assistant Planner
RE: Zoning Administrator
Action 942009
Dear Ms. Stone:
This letter is to serve as a petition of appeal to the
Redevelopment Agency for the above referenced Zoning
Administrator Action 94-009: (Design Review 94-028/KFC
First Street).
1022 East
Below, you will find our itemized appeal of conditions approved
by the zoning administrator from our meeting on September 19,
1994.
Item
Reason for the Appeal
2,.3
The proposed flexfaced material has the following
advantages over canvas:- More durable
- Color guaranteed 10 years
- Easy to repair in field
- More easily cleaned and
maintained
Is not effected by weather
Looks the same as canvas to
the untrained eye
Panaflex is the new material of choice over canvas
for many cormmercial remodels because of the
following reasons:
1. Cost
2. In field work and down time
3. Time constraints
4. Durability
ATTACHMENT B
Page 2
Item ~
2.4
2.13
(conf
t)
Reason for the Appeal
The proposed striping on the tower as well as the
awning is part of KFC's new corporate identity. In
many cities through out the United States, KFC is
remodeling their existing restaurants to reflect this
new image.
The proposed illumination of the tower element is
part of KFC's new corporate identity program.
KFC's corporate officers have agreed to follow the zoning
administrator's conditions on items ~2.1, 2.2, 2.5, 2.6, 2.7,
2.8, 2.9, 2.10, 2.11, and 2.12. We will be submitting a color
rendering, photographs of a typical KFC locations, as well as
pictures of existing awnings in your city's redevelopment area.
If at all possible, we would like to present this project to the
redevelopment agency'on their second meeting in October;
10-17-94. The people which would be submitting this project have
prior engagements and would not be able to attend the next
meeting on 10-3-94.
If you have any questions, please contact me at your earliest
convenience.
Sincerely,
Mitchel Franklin
~LF:mc
CC: Dayid Luxton
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ZONING ADMINISTRATOR ACTION 94-009
DESIGN REVIEW 94-028
S~PTF-i~BER 19, 1994
The Zoning Administrator of the City of Tustin does
hereby resolve as follows:
I. The Zoning Administrator finds and determines as
follows:
II.
ao
That a proper application, Design Review 94-
028, was filed by Plastiline West to authorize
exterior remodeling of the existing restaurant
structure located at 1022 East First Street.
Bo
Pursuant to Section 9272 of the Tustin
Municipal Code, the Zoning Administrator 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 Zoning Administrator has
considered at least the following items:
4 o
Exterior materials and colors.
Type and pitch of roofs.
Towers, chimneys, roof structures,
flagpoles, radio and television antennae.
Location, height and standards of
exterior illumination.
Physical relationship of proposed
structures to existing structures in the
neighborhood.
Appearance and design relationship of
proposed structures to existing
structures and possible future structures
in the neighborhood and public
thoroughfares.
Proposed signing.
Development Guidelines and criteria as
adopted by the City Council.
Co
That the proposed project is categorically
exempt (Class 1) pursuant to the California
Environmental Quality Act 15301.
The Zoning Administrator approves Design Review 94-
028 to authorize the remodeling of an existing
restaurant structure located at 1022 East First
Street, subject to the conditions contained in
Exhibit A, attached hereto.
ATTACHMENT
Zoning Administrator Action 94-009
September 19, 1994
Page 2
PASSED AND ADOPTED at a regular meeting of the Tustin
Zoning Administrator, held on the 19th day of September,
1994.
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BARBARA REYES ~
Recording Secretary
DANA ~OGDON
Zoning Administrator
Designee for
Christine A. Shingteton
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, BARBARA REYES, the undersigned, hereby certify that I
am the Recording Secretary of the Zoning Administrator of
the City of Tustin, California; that Zoning Administrator
Action No. 94-009 was duly passed and adopted at a
regular meeting of the Tustin Zoning Administrator, held
on the 19th day of September, 1994.
BARBARA REYES W
Recording Secretary
General
(1) ~.~
(1)
(1) ~.~
(1)
(~) ~.s
ZONING ADMINISTRATOR ACTION 94-009
EXHIBIT A
CONDITIONS OF APPROVAL
DESIGN REVIEW 94-028
SEPTEMBER 19, 1994
The proposed project shall substantially conform with the
submitted plans dated stamped September 19, 1994 on file
with the Community Development Department as herein
modified or as modified by the Director of Community
Development in accordance with this Exhibit.
Unless otherwise specified, the conditions contained in
the 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
Department.
Design review approval shall become null and void unless
all building permits are issued within eighteen (18)
months of the date of this Exhibit.
The applicant shall sign and return an Agreement to
Conditions Imposed form prior to issuance of building
permits.
The applicant and property owner shall hold harmless and
defend the City of Tustin for all claims and liabilities
arising out of the City's approval of the entitlement
process for this project.
Planninq Division
(1)
(~) ~.~
The tower element shall not exceed the maximum height
permitted in the C-1 district, which is 35 feet.
Backlit illuminated awnings are prohibited. The awning
material shall be opaque to prevent awnings from
appearing to be illuminated by any lighting fixture that
may be located underneath the awning to ]igh~ the
sidewalk.
SOURCE CODES
(1) STANDARD CONDITION
(3) UNIFORM BUILDING CODE/S
(5) RESPONSIBLE AGENCY
(7) PC/CC POLICY
*** EXCEPTION
(2) CEQA MITIGATION
(4) DESIGN REVIEW
(6) Lia--NDSCAPING GUIDELINES
Zoning Administrator Action
Exhibit A
September 19, 1994
Page 2
94-009
(4) 2.3
(4) 2.,~
(4) 2.5
(4) 2.6
(4) 2.7
(4)
(4) 2.9
(4) 2.[o
(1) z.ll
The proposed vinyl awning shall be replaced with a canvas
material, subject to the review and approval of the
Community Development Department.
The proposed striping on the awning and tower element
roof shall be eliminated from the design. A solid color
awning and tower element roof shall be used to be more
compatible with the other existing structures in the
neighborhood of the subject location. Final color shall
be subject to the review and approval of the Community
Development Department.
The new parapet shall be painted to match the existing
exterior walls of the building.
The east, west and south elevations of the tower element
shall be painted to match the existing exterior walls of
the building.
Ail parapets shall be at least six inches (6") above all
rooftop equipment for the purpose of screening, subject
to the review and approval of the Community Development
Department. At plan check, provide a roof plan
identifying roof mounted equipment, heights of such
equipment, heights of parapets, and section details to
illustrate conformance.
Ail exposed metal flashing or trim shall be painted to
match the building.
No exterior downspouts shall be permitted on the proposed
facade improvements; all roof drainage shall utilize
interior piping but may have exterior outlets at base of
building.
Proposed signs shall comply with the requirements of the
Tustin Sign Code, which permits a maximum of 75 square
feet ~or prim&fy elevation, amd a maximum cf 25 square
feet for t~9 (2) secondary ele\,otions which face the
parking lot or- public thoroughfare. SepaI&te permits are
required for the signs. Signs shall be removed from the
plan check submittal drawings.
Prior to issuance of building permits, the applicant
shall submit for approval by the Community Development
and Public Works Departments, a Water Quality Management
Plan (WQMP) specifically identifying Best Management
Practices (BMPs) that will be used on site to control
predictable pollutant run-off.
94-009
Zoning Administrator Action
Exhibit A
September 19, 1994
Page 3
This WQMP shall identify the: structural and
non-structural measures specified detailing
implementation of BMPs whenever they are applicable to
the project; the assignment of long-term maintenance
'responsibilities (specifying the developer, parcel owner,
maintenance association, lessee, etc.); and, reference to
the location(s) of structural BMPs.
(1) Z.12 Wash Water Controls for Food Preparation Areas - Food
establishments (per State Health and Safety Code 27520)
shall have either contained areas, sinks, each with
sanitary sewer connections for disposal of wash waters
containing kitchen and food wastes. If located outside,
the contained area, sinks shall also be structurally
covered to prevent entry of storm water.
2.13
The material of the roof on the tower element shall be
opaque to prevent the tower from appearing to be
illuminated by any lighting fixture.
Building Division
3.1
At plan check submit three (3) sets of construction plans
and two (2) sets of structural calculations.
Requirements of the Uniform Building Code shall be
complied with as approved by the Building Official. No
field changes shall be made without corrections submitted
to and approved by the Community Development Department.
(1) 3.2 The following requirements shall be defined on permit
plan cover sheets as either general or special notes:
Construction sites shall be maintained in such a
condition that an anticipated storm does not carry
wastes or pollutants off the site.
Discharges of mater~al other than stormwater are
allowed -only when necessary for performance and
completion of construction practices and where they
do no=: cause or contribute to a violation of any
water quality standard; cause or threaten to cause
pollution, contamination, or nuisance; or contain a
hazardous substance in a quantity reportable under
Federal Regulations 40 CFR Parts 117 and 302.
Potential pollutants include but are not limited
to: solid or liquid chemical spills; wastes from
paints, stains, sealants, glues, limes, pesticides,
herbicides, wood preservatives and solvents;
asbestos fibers, paint flakes or stucco fragments;
fuels, oils, lubricants, and hydraulic, radiator or
battery fluids; fertilizers, vehicle/equipment wash
water and concrete wash water; concrete, detergent
Zoning Administrator Action
Exhibit A
~September 19, 1994
Page 4
94-009
or floatable wastes; wastes from any
engine/equipment steam cleaning or chemical
decreasing; and superchlorinated potable water line
flushings.
During construction, disposal of such materials
should occur in a specified and controlled
temporary area on-site, PhYsically separated from
potential storm water run-off, with ultimate
disposal in accordance with local, state and
federal requirements.
Dewatering of contaminated groundwater, or
discharging contaminated soils via surface erosion
is prohibited. Dewatering of non-contaminated
groundwater requires a National Pollutant Discharge
Elimination System Permit from the respective State
Regional Water Quality Control Board.
(1)
4.1
4.2
Payment of all Building plan check and permit fees shall
be made prior to the issuance of any building permits in
accordance with the Tustin City Code.
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 $25.00 (twenty five
dollars) pursuant to AB 3158, Chapter 1706, Statutes of
1990, to enable the City to file the Notice of
Determination required under Public Resources Code
Section 21152 and 14 Cal. Code of Regulations 15075. If
within such forty-eight (48) hour period that applicant
has not delivered to the Community Development Department
the above-noted check, the approval for the project
granted herein shall De considered automatically null and
void..
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RESOLUTION NO. RDA 94-13
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TUSTIN, ~MODIFYING ZONING ADMINISTRATOR ACTION 94-009
APPROVING DESIGN REVIEW 94-028 BY ELIMINATING CONDITIONS
2.2, 2.3, 2.4 AND 2.13 RELATED TO THE EXTERIOR
REMODELING OF THE EXISTING RESTART LOCATED AT 1022
EAST FIRST STREET.
I. The Redevelopment Agency finds and determines as
follows:
That a proper application, Design Review 94-
028, was filed by Plastiline West to authorize
exterior remodeling of the existing restaurant
structure located at 1022 East First Street.
That the proposed project is located within
the Town Center Redevelopment Area.
On September 19, 1994,
Administrator adopted Zoning
Action 94-009, approving
modifications with conditions.
the Zoning
Administrator
the proposed
The applicant subsequently appealed certain
conditions of Zoning Administrator Action 94-
009.
On October 17, 1994, the Redevelopment Agency
considered Zoning Administrator Action 94-009.
Pursuant to Section 9272 of the Tustin
Municipal Code, the Redevelopment Agency finds
that the architectural features, materials and
colors of the proposed project will not impair
the orderly and harmonious development of the
area, the present or future development
therein, or the occupancy as a whole as
conditioned by Zoning Administrator Action 94-
009, and as modified by the Redevelopment
Agency. In making such findings, the
Redevelopment Agency has considered at least
the following items:
Exterior materials and colors.
Type and pitch of roofs.
Towers, chimneys, roof structures,
flagpoles, radio and television antennae.
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Resolution No. RDA 94-13
November 7, 1994
Page 2
Location, height and
exterior illumination.
standards of
Physical relationship of proposed
structures to existing structures in the
neighborhood.
Appearance and design relationship of
proposed structures to existing
structures and possible future structures
in the neighborhood and public
thoroughfares.
7. Proposed signing.
Development Guidelines and criteria as
adopted by the City Council.
That the proposed project is categorically
· exempt (Class l) pursuant to the California
Environmental Quality Act 15301.
II.
The Redevelopment Agency hereby modifies Zoning
Administrator Action 94-009, approving Design
Review 94-028 to authorize the remodeling of an
existing restaurant structure located at 1022 East
First Street, by eliminating conditions 2.2, 2.3,
2.4 and 2.13 contained in Exhibit A, attached to
Zoning Administrator Action 94-009. All other
conditions contained in Exhibit A of Zoning
Administrator Action 94-009 shall remain in full
force and effect. Zoning Administrator Action 94-
009 is hereby replaced by Resolution No. RDA 94-13
with conditions attached hereto and identified as
Exhibit A and incorporated herein by reference.
PASSED AND ADOPTED at a regular meeting' of the Tustin
Community Redevelopment Agency, held on the 7th day of
November, 1994.
THOMAS R. SALTARELLI
Redevelopment Chairperson
MARY E. WYNN,
City Clerk