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HomeMy WebLinkAboutRDA O2 STEVENS SQUAR 05-07-01AGENDA REPORT MEETING DATE: MAY 7, 2001 RDA 02 05-07-01 400-10 TO: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR FROM: REDEVELOPMENT AGENCY STAFF SUBJECT: LEASE AGREEMENTS FOR PARKING SPACES IN THE STEVENS SQUARE PARKING STRUCTURE AND WAIVER OF LEASE FEES: DR. ROBERT HELM AND PHILIPPE IZSAK SUMMARY This action is to authorize the execution of lease agreements for the use of Agency- owned spaces in the Stevens Square Parking Structure and to waive fees. RECOMMENDATION It is recommended that the Agency: Authorize the Assistant City Manager to execute a lease agreement with Dr. Robert Helm for the use of a total of nine (9) parking spaces owned by the Agency in the Stevens Square Parking Structure. Authorize the Assistant City Manager to execute a lease agreement with Philippe Izsak for the use of a total of four (4) parking spaces owned by the Agency in the Stevens Square Parking Structure. Provide direction to the Assistant City Manager as to whether the Agency should waive the fees for the leases of the spaces. FISCAL IMPACT The lease fees for the thirteen (13) total spaces for which the waiver is requested have an estimated cost of $5,618 per year. DISCUSSION Construction of new retail space and chiropractic offices on Dr. Helm's property located at 215 El Camino Real requires nine (9) additional parking spaces beyond the number of parking spaces that can be accommodated on-site under the proposed development program. The Planning Commission approved a Conditional Use Permit and Design William A. Huston Parking Lease Agreements May 7,2001 Page 2 Review for the redevelopment of the property on December 11, 2000 subject to the applicant entering into a lease agreement with the Agency for the additional nine (9) parking spaces in the parking structure. The Planning Commission's resolution is attached as Exhibit A. The rehabilitation of the building fa~;ade for retail use and restaurant uses (The Black Sheep Bistro) at 215 El Camino Real by Philippe Izsak (L.A. Development) requires four (4) additional parking spaces beyond the number of parking spaces already that can be accommodated on-site. The Zoning Administrator approved a Conditional Use Permit and Design Review for the rehabilitation of the property on March 5, 2001 subject to the applicant entering into a lease agreement with the Agency for the additional nine (9) parking spaces in the parking structure. The Zoning Administrator's resolution is attached as Exhibit B. The parking structure is owned by the Stevens Square Parking Structure Condominium Association, of which the Agency owns a 38.3% undivided interest, as tenants in common. The Agency has a condominium interest in 81 parking spaces in the second level of the structure and the Steven Square company owns the remainder of the condominium interest and parking spaces in the structure. A total of thirty-eight (38) parking spaces are currently leased to local businesses in Old Town to mitigate their need for parking. The additional thirteen spaces being requested by the applicants will bring the total number of spaces under lease by the Agency up to fifty-one spaces. The Agency originally paid $700,099 for the parking structure and condominium ownership of the 81 spaces. Assuming a 20-year amortization period, the Agency's nominal lease rate for each space would be $36.01 per month, or $432.16 per year per space. The total fees for the additional nine (9) spaces requested by Dr. Helm would be $3,889 per year. The additional four (4) spaces requested by Mr. Izsak would require a lease fee of $1,729 per year. Any lease of spaces would be non-exclusive. The applicants are requesting that all lease fees be waived. While the Izsak property is located within a one block radius of the parking structure, the Helm property is located at a further distance within a two block radius. The three currently active lease agreements for Agency-owned parking spaces in the structure have all been granted to businesses within one block radius of the parking structure and fees have been only waived by the Agency within a one block radius. William A. Huston Parking Lease Agreements May 7, 2001 Page 3 The proposed parking leases are a means of supporting the expansion, redevelopment and rehabilitation of successful businesses in Old Town. However, the use of the structure should be practical for the business employees and customers. However, it should also be noted that the use of the parking structure has historically been Iow. It is recommended that the Agency authorize the Assistant City Manager execute parking lease agreements for a total of nine (9) spaces for Dr. Helm and a total of four (4) spaces for Philippe Izsak, and provide direction to staff on waiver of any lease fees for such parking. / . ~". . ., Christine Shingleton . ,.. Assistant City Manager Redevelopment Program Manager Attachments '1 ~- EXHIBIT A ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23, 24 25 26 27 28 29 RESOLUTION NO. 3762 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 99-032 AND DESIGN REVIEW 99-041 TO AUTHORIZE THE DEMOLITION OF AN EXISTING COMMERCIAL BUILDING AND THE CONSTRUCTION OF A 2,715 SQUARE FOOT COMMERCIAL BUILDING WHICH INCLUDES A MEDICAL OFFICE, RETAIL AND RELATED SITE IMPROVEMENTS ON THE PROPERTY LOCATED AT 215 EL CAMINO REAL. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: That a proper application for Conditional Use Permit 99-032 and Design Review 99-041 was filed by Pat Sullivan of Greenberg Farrow Architecture on behalf of Dr. Robert Helm requesting authorization to demolish an existing commercial building and to construct a 2,715 square foot commercial building which includes a medical office, retail and related site improvements on the property located at 215 El Camino Real. That the medical office use on the ground floor is a conditionally permitted use pursuant to Section 9233(e)(2) of the Tustin City Code and the retail use is permitted in accordance with Section 9233(a). That the proposed use is consistent with the General Plan land use designation Community Commercial which provides for retail and professional offices such as plumbing stores and chiropractors' offices. 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 consistentwith the Air Quality Sub-element. Do That a public hearing was duly called, noticed and held on said application on December 11, 2000 by the Planning Commission. That the establishment, maintenance and operation of the use applied for 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, as evidenced by the following findings: Resolution No. ~2 Conditional use r'ermit 99-032 & Design Review 99-041 December 11,2000 Page 2 3 4 5 6 7 $ 9 10 11 12 15 16 17 [8 19 2O 21 22 23 24 25 26 27 1) 2) 3) 4) The proposed demolition conforms to the Municipal Code and the City of Tustin regulations for demolition. The existing building is a "D" rated building with significant modifications made since its original construction in 1920 which have eroded its character. Deferred maintenance has eliminated the option of reconstruction or restoration from being physically possible, economically feasible or practical. The proposed demolition does not adversely affect the character of the Cultural Resources District in that the proposed replacement structure is in keeping with the architectural style of the commercial buildings within Old Town Tustin and will enhance the surrounding neighborhood. A Certificate of Appropriateness for demolition and construction of a replacement structure is attached as Exhibit B. The proposed uses are compatible with the surrounding commercial uses and they would attract individuals that may be encouraged to patronize the retail and restaurant uses within Old Town Tustin due to the hours of operation. The proposed uses would also provide for the needs of the surrounding residential neighborhoods. The proposed uses, as conditioned, are compatible with the uses in the surrounding area in that the project site is located within the commercial area of the Cultural Resources Overlay District where a variety of retail and office uses have been established. As conditioned, the use will not have a negative effect on the surrounding property owners, or impact the availability of off-street parking, in that the required parking is satisfied by the proposed six (6) off-street parking places and the eight (8) parking spaces leased from the Redevelopment Agency in the public parking structure on C Street pursuant to TCC Section 9252(d)(3)(c). 28 29 5) The proposed building is compatible with the design of the surrounding commercial and residential neighborhoods. The mass is consistent' with other commercial buildings within Old Town Tustin area. Resolution No. '2 Conditional use ,. ermit 99-032 & Design Review 99-041 December 11,2000 Page 3 6) The proposed facility will not be a detriment to the public, health, safety, welfare and aesthetics of the community in that, as conditioned, the proposed medical office and retail uses are not anticipated to create any noise, parking or traffic impacts and the hours of operation will be limited to 8:00 a.m. to 10:00 p.m. daily. 7 8 9 I0 11 12 13 Fo Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 99-041, as conditioned, 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. 14 3. Exterior materials and colors. 4. Type and pitch of roofs. 16 t'. 18 19 20 5. Size and spacing of windows, doors and other openings. Towers, chimneys', roof structures, flagpoles, radio and television antennae. 7. Landscaping1 parking area design and traffic circulation. 21 8. Location, height and standards of exterior illumination. 22 23 24 25 26 27 28 10. 11. 12. Location and appearance of equipment located outside of an enclosed structure. Location and method of refuse storage. 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. 29 13. Development Guidelines and criteria as adopted by the City Council. 1 2 3 4 5 6 7 8 9 10 II 12 13 14 I.~ 16 17 19 2O 21 22 23 24 25 26 27 Resolution No.. 2 Conditional use Permit 99-032 & Design Review 99-041 December 11, 2000 Page 4 II. That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuantto Section 15303 (Class 3). The Planning Commission hereby approves Conditional Use Permit No. 99-032 and Design Review 99-041 authorizing the demolition of an existing commercial building and the construction of a 2,715 square foot commercial building which includes a medical office, retail and related site improvements on the property located at 215 El Camino Real, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 11~ day of December, 2000. Planning Commission Secretary ~. KOZAK Chairperson STATE OF CALIFORNIA ) COUNTYOF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Recording Secretary of the' Planning Commission of the City of Tustin, California; that Resolution No. 3762 passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11~ day of December, 2000. ELIZABETH A. BINSACK Planning Commission Secretary 29 (1) (1) (1) (1) EXHIBIT A RESOLUTION NO. CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 99-032 AND DESIGN REVIEW 99-041 GENERAL 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped December 11, 2000, 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 to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. 1.2 Unless otherwise specified, the conditions contained in this Exhibit shale be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within eighteen (18) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. 1.4 Approval of Conditional Use Permit 98-025 and Design Review 98-029 is contingent upon the applicant signing and returning a notarized "Agreement to Conditions Imposed" form as established by the Director of Community Development. 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. (1) 1.6 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action. SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION (5) REQUIREMENT CEQA MITIGATION (6) UNIFORM BUILDING CODE/S (7) DESIGN REVIEW *** RESPONSIBLE AGENCY LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A Resolution 3762 December 11,2000 Page 2 PLAN SUBMITTAL (3) Indicate on the title sheet the applicable codes, City, state and federal laws and regulations to include: · 1997 Uniform Building Code with California Amendments · 1997 Uniform Mechanical and Plumbing Codes with California Amendments 1996 National Electrical Code with California Amendments City of Tustin Grading and Security Ordinances City of Tustin Landscape and Irrigation Guidelines City of Tustin Private Improvement Standards (3) 2.2 At building plan check submittal and prior to issuance of permits, the following shall be provided and approved: Construction plans, structural calculations, and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Disabled Access and Energy Requirements shall be complied with as required by the Building Official. Technical detail and plans for all utility installations including 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. Co Final grading and specifications consistent with the site plan and landscape plans shall be prepared by a registered civil engineer and submitted for review and approval by the Community Development Department. A precise soils engineering report by a civil engineer completed within the previous twelve (12) months. Expanded information regarding the levels of hydrocarbons and ground water contamination found on site shall be provided and submitted within the soils report. (3) 2.3 Submit seven (7) sets of building plans to the Building Division for review and approval prior to the issuance of a building permit. (3) 2.4 Submit seven (7) sets of excavation/grading plans and two (2) preliminary soil reports to the Building Division for review and approval prior to the issuance of a grading permit. · Exhibit A Resolution 3762 December 11,2000 Page 3 (3) 2.5 (3) 2.6 (1) 2.7 (1) 2.8 (3) 2.9 (3) 2.10 (1) 2.11 (3) 2.12 (3) 2.13 (3) 2.14 A letter of pad certification and a final compaction report shall be submitted by the Engineer of record to the Building Division for review and approval prior to the issuance of a building permit. Four (4) sets of on-site improvement plans including proposed storm drains, on-site private improvements, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall be submitted to the Building Division for review and approval prior to the issuance of a building permit. Any improvements proposed including drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the City's on-site improvement standards. The trash enclosure shall be constructed of a solid decorative wall and gate that matches the materials and colors of the building and be a minimum of six (6) feet in height. Solid metal, self-closing, self-latching gates shall be provided on the enclosure. The details of the enclosure shall be reviewed during Building Plan Check and are subject to approval by the Community Development Department. Details shall include gate attachment, architecture, color, and materials. The exterior color and finish material shall match the main building. Trash enclosures shall comply with the current refuse contractor and City of Tustin standards. The occupant load and occupancy shall be identified on the floor plan and shall comply with Uniform Building Code Chapter 3, Chapter 10 and minimum egress requirements in Table 10-A. A level floor or landing shall be provided at all doors. This area shall have a minimum length of 60 inches in the direction of the door swing and 48 inches in the opposite direction of the door swing. All existing and new utility lines shall be placed underground from the service pole to the building. A note shall be placed on the site plan stating that all utilities shall be placed underground. All restrooms shall be accessible to persons with disabilities as per State of California Accessibility Standards, (Title 24), plumbing fixture units are required to comply with the Uniform Building Code Appendix, Chapter 29, as per type of group occupancy or as approved by the Building Official. Vehicle parking, pdmary entrance into the building, the primary paths of travel, sanitary facilities, drinking fountains and public telephones shall be accessible to persons with disabilities. Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp. Disabled persons shall be able Exhibit A Resolution 3762 December 11,2000 Page 4 to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. (5) 2.15 The gates of the "secured parking space" shall be removed from the plans. (3) 2.16 All exterior openings shall be protected as specified in Table 5-A of the 1997 Uniform Building Code. (3) 2.17' The canvas awnings shall be State of California approved fire retardant material. (3) 2.18 All glass doors and windows in or adjacent to doors shall be tempered per Uniform Building Code Section 2406.4. (1) 2.19 A surety/cash bond will be provided to assure work is completed in accordance with approved plans. Bonds will be based upon the estimated cost of the grading, drainage, and erosion control prior to the issuance of a grading permit. (1) 2.20 Pursuant to the City of Tustin's Security Ordinance and the'Uniform Fire Code; the street number shall be displayed in a prominent location on the street side of the residence. The numerals shall be no less than six (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. (1) 2.21 Submit preliminary technical detail and all plans for all four utility installations including 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. (2) 2.22 Drainage, vegetation, sidewalks, and storm Improvement Standards. circulation, street sections, curbs, gutters, drains shall comply with the on-site private (2) 2.23 All site drainage shall be handled on site and shall not be permitted to drain onto adjacent properties. (2) 2.24 All grading, drainage, vegetation and circulation shall comply with the City of Tustin Grading Manual. All construction activity shall comply with the Tustin Grading Manual which requires frequent watering of the project site to control dust. All street sections, curbs, gutters, sidewalks, lighting and storm drain shall comply with on-site improvement standards. Any deviations shall be brought to the attention of the Building Official and request for approval shall be submitted in writing prior to any approval. Exhibit A Resolution 3762 December 11,2000 Page 5 (2) 2.25 (1) 2.26 (4) 2.27 (1) 2.28 (1) 2.29 (4) 2.30 (4) 2.31 (4) 2.32 (4) 2.33 (4) 2.34 (4i 2.35 (2) 2.36 The applicant shall comply with all City and South Coast Air Quality Management District policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed fifteen (15) miles per hour. The location of any utility vents or other equipment shall be provided on a roof plan. The location of utility meters, gutters, and any ground or building mounted equipment shall be illustrated on the plans. All equipment shall 'be incorporated into the architecture. All downspouts shall be designed to be internalized within the structure. All parapets shall be at least six (6) inches above rooftop equipment for purposes of screening. Details of the proposed windows and doors shall be provided in a schedule. All exposed metal flashing or trim shall be anodized or painted compatible with main buildings. All exterior colors to be used shall be subject to the review and approval by the Community Development Department. All exterior treatments must be coordinated with regard to color, materials and detailing and noted on all construction plans and elevations submitted for Building Permit Plan Check. No exterior downspouts shall be permitted on any facade of the building which are visible from adjacent streets or residential/commercial areas. Roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. Enclosure of electric and gas meters shall be compatible with the building treatment. All exposed metal flashing or trim shall be anodized or painted compatible with the building. Prior to issuance of building permits the applicant shall submit cross-section details of the roof-top showing the installation of the proposed roof-top equipment. Roof-top equipment shall be installed and maintained so that they are not visible from public view. All parapets shall be at least six inches (6") above any roof-mounted equipment, vents, and exhausts. All screening shall be incorporated into the building and shall be compatible with the design of the building. The applicant shall provide a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures. Exterior lighting shall comply with the requirements within the City of Tustin Security Exhibit A Resolution 3762 December 11, 2000 Page 6 Ordinance, be designed and located so as to confine direct rays onto the premises and prevent glare on the surrounding residential properties, and not exceed ten (10) feet in height. Parking lot and wall mounted fixtures shall be directed at a 90-degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot candle of light coverage, in accordance with the City's Security Code. A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one footcandle of light, and lighting shall not produce light or glare or have a negative impact on adjacent properties." The lighting plan shall identify all exterior building mounted as well as free standing lighting. Manufacturer's brochures of all lighting detail including type of fixture and intensity shall also be provided. (2) 2.3'7 A note shall be provided on final plans that a six (6) foot high chain link fence shall be installed around the site prior to demolition or building construction stages. Gated entrances shall be permitted along the frontage of the site for construction vehicles. LANDSCAPING (4) 3.1 The site shall be landscaped consistent with the City's Landscaping and Irrigation Guidelines. Landscaping shall consist of sufficient numbers of shrubs and trees to provide adequate screening of the parking area, subject to the satisfaction of the Community Development Director. (1) 3.2 Provide an irrigation plan depicting the installation of an automatic irrigation system. SIGNAGE (3) A separate set of plans for the sign program shall be submitted at plan check for review and approval by the Community Development Department. (4) 4.2 Signs shall be maintained in good condition at all times. Illuminated signs with flickering bulbs, burned out bulbs, and/or broken lights shall be repaired in a period not to exceed 48 hours from the time it is noticed. The entire sign shall not be illuminated until all repairs have been made. All conduit, raceways, crossovers, wiring, ballast boxes, transformers, and' other necessary equipment for signs shall be concealed. (5) 4.3 Directional signage shall be placed on the front fa(;ade of the building indicating that parking is located at the rear of the building or available at the public parking structure on C Street. The design, location, size, colors, and materials of the sign shall be submitted for review and approval by the Community Development Department at plan check. Exhibit A Resolution 3762 December 11,2000 Page 7 USE RESTRICTIONS (5) A minimum of fourteen (14) off-street parking spaces shall be provided based on the requirement of one (1) parking space shall be provided for every 200 square feet of gross floor area. Six (6) on-site parking spaces shall be provided. Prior to the issuance of building permits, the applicant shall enter into a parking agreement with the City of Tustin Redevelopment Agency for eight (8) off-site parking spaces at a location in the vicinity of the property approved by the Redevelopment Agency. (5) 5.2 Parking of service vehicles during business hours within required parking spaces shall not be permitted. Additional parking shall be provided for each service vehicle parked during business hours through the lease agreement with the RedeveloCment Agency. (5) 5.3 Plumbing repair or service shall not be permitted within the parking area. (5) 5.4 A total of 2,165 square feet of chiropractor office use and 550 square feet of retail use shall be provided. Any modifications to this allocation of uses may be considered by the Community Development Department if sufficient on-site parking is provided or off-site parking is secured by the applicant or property owner. (1) 5.5 If, at any time in the future, the City is advised or is otherwise made aware and concurs that an on-site or off-site parking problem exists as a result of the proposed development, the Community Development Department may require the property owner to submit a parking demand analysis at no expense to the City and within a timeframe stipulated by the City to develop mitigation measures to be implemented by the property owner. Said mitigation may include, but not be limited to, providing additional parking within 500 feet of the proposed development. (1) 5.6 Prior to issuance of Certificate of Occupancy, the applicant shall prepare and record a deed restriction to ensure that the proposed distribution of medical office and retail are not modified or that additional off-street parking is provided in the future if more intensive uses are proposed to occupy the building. A draft deed restriction agreement shall be submitted to the Community Development Department and City Attorney for review prior to recordation. Evidence of recordation shall be provided to the Community Development Department prior to the issuance of a Certificate of Occupancy. The deed restriction shall not be removed without the written approval from the City. (1) 5.7 The hours of operation for both the plumbing store and the chiropractor's office shall limited to 8:00 a.m. to 10:00 p.m. daily. Exhibit A Resolution 3762 December 11, 2000 Page 8 (1) 5.8 All landscaping shall be maintained at all times and dead vegetation shall be removed and replaced immediately. (1) 5.9 The awnings shall be maintained in good condition at all times. PUBLIC WORKS (5) 6.1 The site plan identifies a 15-foot-wide alley along the easterly side of this property which provides access to the proposed parking lot. This is not a public alley. The City does however have a 15-foot-wide easement at this location for sanitary sewer purposes which extends from Second Street to Third Street. A reciprocal ingress and egress agreement shall be provided between all the properties Ioca'~ed between Second Street and Third Street. Subject to the review and approval by the Community Development Department, the applicant shall provide evidence of recorded reciprocal access agreement prior to issuance of demolition permits. (2) 6.2 Preparation of a sedimentation and erosion control plan for all work related to this development shall be provided. (1) 6.3 A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, shall be provided for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. The level of detail on this plan shall accurately identify the locations of the existing interlocking pavers, the existing concrete panels and all proposed construction. All new concrete shall match the existing with respect to color, texture, and score lines. Any disturbed or relocated interlocking pavers shall be replaced and/or reconstructed to match the existing, to the satisfaction of the City Engineer. Maintaining the aesthetic quality of those improvements is a priority within the Old Town area. Said plan shall include, but not be limited to, the following: Curb and gutter; Sidewalk, including curb ramps for the physically disabled;'. Drive aprons; Signing/striping plan; Domestic water facilities; Sanitary sewer facilities; and, Underground utility connections. In addi[ion, a 24-inch by 36-inch reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, will be required. Exhibit A Resolution 3762 December 11,2000 Page 9 (1) 6.4 A final grading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information shall be prepared and submitted: · Final street elevations at key locations. Final pad/finished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. · All flood hazards of record. (1) 6,5 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 6.6 The developer shall be responsible for any traffic signing and/or striping along El Camino Real which will be required as a result of this development. The City is currently completing a design of diagonal parking in front of this site. The applicant shall be responsible for modifications to the parking due to changes in the driveway configuration. A 24-inch by 36-inch reproducible signing and striping plan will be provided and said plan shall be prepared by a California Registered Engineer. (2) 6.7 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State and Regional Water Quality Control Board rules and regulations. (2) 6.8 The applicant shall comply with the following conditions pertaining to the requirement for a Water Quality Management Plan: Ao 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. This WQMP shall identify the following: 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. Prior to issuance of grading or demolition permits, the applicant shall obtain coverage under the NPDES Statewide Industrial Stormwater Exhibit A Resolution 3762 December 11, 2000 Page 10 (2) 6.9 (2) 6.10 NOISE (2) 7.1 Permit for General Construction Activities from the State Water Resources Control Board. Evidence that this has been obtained shall be submitted to the Building Official of the City of Tustin. All necessary precautions and preventive measures shall be in place in order to prevent material from being washed away by surface waters or blown by wind. These controls shall include at a minimum: Regular wetting of surface or other similar wind control method, installation of straw or fiber mats to prevent rain related erosion. Detention basin(s) or other appropriately sized barrier to surface flow must be installed at the discharge point(s) of drainage from the site. Any water collected from these controls shall be appropriately disposed of at a disposal site. These measures shall be added as general notes on the site plan and a statement added that the operator is responsible for ensuring that these measures continue to be effective during the duration of the project construction. Appropriate controls shall be installed to prevent all materials from being tracked off-site by vehicles or other means. These controls may include gravel exits or wash-down areas. Any materials tracked off site must be removed as soon as possible, but no later than the end of the operation day. This material shall be disPOsed of at an appropriate disposal site. These measures shall be added as general notes on the site plan and a statement added that the operator is responsible for ensuring that these measures continue to be effective during the duration of the project construction. All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. (2) 7.2 Construction hours shall be cleady posted on the project site to the satisfaction of the Building Official. (2) 7.3 All requirements of the City's Noise Ordinance shall be met at all times. ORANGE COUNTY FIRE AUTHORITY (5) 8.1 All required fire protection access easements and pathways shall be provided on the site plan. Conditions of approval shall be included to prohibit obstructions within the fire protection access easement. The approval of the Fire Chief is required for any modifications within said easement. Exhibit A Resolution 3762 December 11,2000 Page 11 (5) 8.2 Prior to the issuance of a building permit the applicant shall submit to the Fire Chief evidence of the on site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. (5) 8.3 Prior to the issuance of a building permit, the applicant shall submit a fire hydrant location plan for the review and approval of the Fire Chief. (5) 8,4 Prior to the issuance of any certificate of use and occupancy, all fire hydrants shall have blue reflective pavement markers indicating the hydrant location on the street or drive per the Orange County Fire Authority Standard as approved by the Fire Chief. These markers are to be maintained in good condition by the property owner. (5) 8,5 Prior to the issuance of a building permit, the applicant shall provide evidence of adequate fire flow. The Orange County Fire Authority Water Availability for Fire Protection form shall be signed by the applicable water district and submitted for approval to the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected by insufficient fire flow. (5) 8.6 Prior to the issuance of a building permit, a note shall be placed on the plans stating that the commercial structure shall be protected by an automatic fire sprinkler system, in a manner meeting the approval of the Fire Chief. (5) 8.7 Prior to the issuance of a building permit the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the OCFA for review and approval. (5) 8.8 Prior to the issuance of a certificate of use and occupancy, the required automatic sprinkler systems shall be operational in a manner meeting the approval of the Fire Chief. (5) 8.9 Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and the all weather fire protection access roads shall be in place and operational before any combustible material is placed on-site. (5) 8.10 Prior to the issuance of a building permit, the applicant shall submit a detailed letter of intended use for the building to the Fire Chief for review and approval. Exhibit A Resolution 3762 December 11,2000 Page 12 (5) 8.11 Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. FEES (1) 9.1 Prior to issuance of a building permit, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. Building plan check and permit fees to the Community Development Department based on the most current schedule and consistent with the Old Town Fee Waiver Policy. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees at the time a building permit is issued. The current fee is $675.00 per 1000 square feet of building area. do Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department at the time a building permit is issued. The current fee is $3.16 per square footage of building area. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. Transportation System Improvement Program (TSIP), Benefit Area "A" fees in the amount of $5.53 per square foot of new or added gross square floor area of construction or improvements to the Community Development Department. (2) 9.2 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 $43.00 (forty-three dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that 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. EXHIBIT B t' 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 ZONING ADMINISTRATOR ACTION 01-001 CONDITIONAL USE PERMIT 00-021. AND DESIGN REVIEW 00°026 The Zoning Administratorof the City of Tustin does hereby resolve as follows: I. The Zoning Administratorfinds and determines as follows: Ao That'a proper application was filed by Charles Virzi requesting authorization to remodel the exterior of the building, modify the existing parking lot, and establish outdoor seating and shared parking for the property located at 301-307 El Camino Real (Assessor's Parcel Number 401-585-02). That the use is allowed within the "Central Commercial-Parking Overlay" zoning district, with the approval of a Conditional Use Permit and Design Review, . and is consistent with the "Old Town Commercial" land use designation of the General Plan. 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. Co That a public hearing was duly called, noticed, and held on said application on March 5, 2001, by the Zoning Administrator. That the establishment, maintenance, and operation Of the amendments applied for 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 a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, as evidenced by the following findings: The overall remodeling of the building would be an enhancement to the existing commercial center and existing and future uses within the surrounding neighborhood. As evidenced by the shared parking analysis prepared for the project, sufficient parking can be provided for the project on the site and at the City's Downtown Parking Structure or equivalent facilities, as provided for by Section 9252j3d3 of the Tustin City Code which allows the provision of off-site parking facilities within the Cultural Resources District. If there is a parking problem in the future, the applicant would be required to submit a revised parking demand analysis and implement mitigation measures. That the proposed outdoor seating area would be in conformance with Planning Commission Resolution No. 2490 which establishes policies and guidelines for outdoor seating areas regarding alcoholic beverage sales, parking requirements, cleaning requirements, design compatibility, and location to sensitive uses. The hours of operation of the outdoor restaurant seating would be similar to other restaurants in the vicinity. Zoning Administrator Ad. CUP 00-021, DR 00-026 Page 2 ~ 01-001 2 3 4 5 6 7 8 9 10 12 13 14 !5 16 17 18 19 2O 21 22 II. Pursuant to Section 9272 of the Tustin Municipal Code, the Zoning Administrator finds that the location, size, architectural features, and general appearance of the project, as conditioned, 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 following items have been considered: 2. 3. 4. 5. 6. 10. 11. 12. 13. Height, bulk and area of buildings. Setbacks and site planning. Exterior materials and colors. Type and pitch of roofs. Size and spacing of windows, doors and other openings. Towers, chimneys, roof structures, flagpoles, and radio and television antennae. Landscaping, parking area design, and traffic circulation. Location, height, and standards of exterior illumination. Location and appearance of equipment located outside an enclosed structure. Location and method of refuse storage. 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. Development Guidelines and criteria as adopted by the City Council. This project is Categorically Exempt pursuant to Section 15303, Class 3 of Title 14, Chapter 3 of the California Code of Regulations.(Guidelines for the California Environmental Quality Act). The Zoning Administrator hereby approves Conditional Use Permit No. 00-021 and Design Review 00-026, subject to the conditions contained within Exhibit A attached hereto. 23 24 25 26 27 28 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a meeting held on the 5th day of March 2001. Eloise Hards Recording Secretary I~~BE~TH A. BINSACK Zoning Administrator 2~ 1 2 4 5 6 7 9 10 I1 12 13 14 15 16 17 lg 19 20 21 22 24 25 26 27 2~ 29 Zoning Administrator Actio,, ,J1-001 CUP 00-021, DR 00-026 Page 3 STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Eloise Harris, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning AdministratorAction No. 01-001 passed and adopted at a meeting of the Tustin Zoning Administrator, held on the 5"~ day of March 2001. Eloise Harris Record ing Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 00-021 AND DESIGN REVIEW 00-026 MARCH 5, 2001 GENERAL (1) 1.1. (1) 1.2 (1) 1.3 (1) 1.4 (1) 1.5 (1) 1.6 (1) 1.7 The proposed project shall substantially conform with the submitted plans for the project date' stamped March 5, 2001, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. Unless otherwise specified, the 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 Community Development Department. The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Approval of Conditional Use Permit 00-021 and Design Review 00-026 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. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. Prior to issuance of building permits, the Disposition and Development Agreement with the Redevelopment Agency and a lease for four (4) parking spaces in the City's Downtown Parking Structure or equivalent facilities shall be executed. Conditional Use Permit 00-021 and Design Review 00-026 may be reviewed on an annual basis, or more if necessary, by the Community Exhibit A Conditions of Approval CUP 00-021,DR 00-026 Development Director to ascertain compliance with the conditions of approval. If in the future conditions change and the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the proposed use, the Community Development Director may require the applicant to prepare a parking demand analysis, traffic study, or noise analysis, and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department and/or Public Works Department. (1) 1.8 Prior to issuance of building permits, the applicant shall obtain a Certificate of Appropriateness from the Director of Community Development. PLAN SUBMITTAL (c) 2.1 .At the time of building permit application, the plans shall comply with the 1998 California Building Code (CBC), 1998 California Mechanical Code (CMC), 1998 California Plumbing Codes (CPC), 1998 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. a) Building plan check submittal shall include the following: · Four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical (when applicable); · Structural calculations, two (2) copies; · Title 24 energy calculations, two (2) copies; Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on site and off site where applicable; · Details for the proposed windows and doors; · Roofing material shall be fire rated class "B" or better; and, Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. Exhibit A Conditions of Approval CUP 00-021,DR 00-026 (c) 2.2 (c) 2.3 (c) 2.4 (c) 2.5 (c) 2.6 (c) 2.7 (c) 2.8 (1) 2.9 (1) 2.10 (1) 2.11 (1) 2.12 The building use and occupant Icad shall be identified on the plans. The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 1998 California Building Code Appendix Chapter 29, as per type of group occupancy, or as approved by the Building Official. All new glass doors and windows, in or adjacent to doors, shall be tempered per 1998 California Building Code Section 2406.4. Prior to permit issuance, clearance from the Orange County Health Care Agency will be required. Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the building. The numerals shall be no less than four (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. Type, details, materials, color, and size of windows, doors, shutters, and window and door trim shall be indicated on the building plans and shall be compatible with the exterior color and trim of the building exterior. The overhead electrical lines shall be underground, the septic tank shall be collapsed, a new connection to the sewer systems shall be installed, and the parking lot shall be patched, repaired, and re-surfaced. Trash enclosures shall comply with Federal Disposal and City of Tustin standards. Applicant' shall provide evidence of approval from Federal Disposal prior to issuance of building permits. Exterior elevations of the building shall indicate any fixtures or equipment to be located on the roof of the building and equipment heights. The building parapet shall be an integral part of the building design and shall Exhibit A Conditions of Approval CUP 00-021 ,DR 00-026 (1) 2.13 (1) 2.14 (1) 2.15 (1) 2.16 (*) 2.17 screen all roof-mounted equipment. All roof-mounted equipment and vents shall be a minimum of six (6) inches below the top of the parapet. Indicate the location of all exterior mechanical equipment. Gas and electric meters shall either be enclosed within the building or located behind a screen wall designed to be consistent with the main building. All final colors and materials to be used shall be subject to review and approval by the Redevelopment Agency and the Community Development Department. All exterior treatments shall be coordinated with regard to color, materials, and detailing and clearly noted on submitted construction plans and elevations. Provide plans and details of all proposed lighting fixtures and a photometric study showing the location and anticipated distribution pattern of light of all existing and proposed fixtures. Wall-mounted fixtures shall be directed at a 90 degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot-candle of light coverage, in accordance with the City of Tustin Security Code. A landscape plan indicating location, type, and size of plants and shrubs shall be provided at building plan check. The following notes shall be provided on the Landscape Plan: A combination of planting materials shall be used in all landscape areas. All plant materials shall be installed in a healthy vigorous condition typical to the species and landscaping must be maintained in a neat and healthy condition. This will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, regular watering or replacement of diseased or dead plants. All newly planted trees shall be staked in accordance with the City's Landscaping and Irrigation Guidelines. do Plant materials shall be chosen and located to promote water and energy conservation. Prior to issuance of a Certificate of Occupancy, a comprehensive sign plan shall be submitted and approved by the Community Development -Department. Complete sign plans shall be submitted which address all monument, wall, directional, and address signs. The sign plans shall include dimensions, materials, colors, and method of illumination. The Exhibit A ~' Conditions of Approval CUP 00-021,DR 00-026 design, size, location, installation, and maintenance of said signs shall be in compliance with the Tustin Sign Code. USE RESTRICTIONS (5) 3.1 The property owner shall maintain twenty-four (24) parking spaces on the property as follows: Use Square Feet Parking Ratio Reauired Parking Retail Use 4,550 1/200 square feet 23 Restaurant 56 Seats l/each 3 seats 19 Total Required Parking Spaces by Code 42 Total Parking Spaces Required per Parking Analysis 28 Total Parking Spaces (On-Site) 24 Total Parkina Spaces (Leased from RDA) 4 Total Parking Spaces Provided 28 Modifications to the parking and/or uses requires revised parking summary to be reviewed and approved in writing by the Community Development Department and/or applicable entitlements. (2) 3.2 The total number of interior and exterior restaurant seats shall not be increased from fifty-six (56) unless the. property owner demonstrates, through the submittal of a parking demand analysis, or as otherwise authorized by current provisions of the Tustin City Code, that an adequate number of on-site parking spaces are available to accommodate additional seating for the restaurant. A maximum of forty-two (42) seats may be located in the patio area in accordance with the Uniform Building Code and Title 24. (5) 3.3 Authorization for the outdoor seating is contingent upon the use of the subject premises remaining a restaurant and verification of amended license from the Department of Alcohol Beverage Control. Should this use change or be discontinued, the authorization for outdoor seating is null and void. (1) 3.4 When in use, the outdoor seating area shall be. enclosed by heavy, semi- permanent planter boxes and accessible from the interior of the restaurant only in accordance with the requirements of the California State Department 6f Alcoholic Beverage Control. Prior to issuance of building permits, details of the planter boxes shall be submitted for review and approval by the RedeveiopmentAgency and the Community Development Department. The plants in the planter boxes shall be maintained in a healthy oondition. Exhibit A Conditions of Approval CUP 00-021,DR 00-026 (2) 3.5 (5) 3.6 (5) 3.7 (2) 3.8 (5) 3.9 (5) 3.10 (2) 3.11 (2) 3.12 (1) 3.13 FEES (c) 4.1 All litter shall be removed from the exterior areas around the premises including adjacent public sidewalk areas and parkir)g areas no less frequently than once each day that the business is open. No off-site sale or consumption of alcohol is authorized. All alcoholic beverages shall be consumed on site, except for the provisions stated in the Business and Professions Code Section 23396.5 and 23401. Hours of sales of beer and wine shall be limited to the hours when food is available. Food menu items shall be available in all areas of the restaurant, including the patio, during all business hours. Hours of operation of the restaurant shall be limited to 11:30 a.m. to 11:00 p.m. Modifications to the restaurant hours of operation may be considered .by the Community Development Director. The menu of the restaurant shall consist of foods that are prepared on the premises. The restaurant shall operate within all applicable State, County and Tustin City Code provisions. Any violations of the regulations of the Department of Alcoholic Beverage Control, as they pertain to the subject location, or the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject Conditional Use Permit, as provided for the Tustin City Code. All persons selling alcoholic beverages shall be eighteen (18) years of age or older and shall be supervised by someone twenty-one (21) years of age or older. A supervisor shall be present in the same area as the point of sale. Public telephones shall be permitted on the inside of the establishment and shall be modified to prevent incoming calls. Business operations shall be in a manner which does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. No outdoor storage is permitted during construction except as approved by the Tustin Community Development Director. .Plan check and permit fees for building rehabilitation and improvements to existing developments for the first $85,000.00 in construction valuation may be waived in accordance with the Old Town Non-Residential Fee Waiver Policy. The following fees are not exempt: Exhibit A , Conditions of Approval CUP 00-021 ,DR 00-026 (c) 4.2 · Orange County Fire Authority plan check and inspection fees based upon the most current schedule at the time of plan check submittal; and, · Other governmental agency fees based upon the rate in effect at the time of plan check submittal. 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 $43.00 (forty-three) dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that 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.