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HomeMy WebLinkAboutPC RES 4428 DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 RESOLUTION NO. 4428 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 2020- 0011 FOR THE EXTERIOR REMODEL AND ADDITION TO AN EXISTING COMMERCIAL BUILDING AND AUTHORIZATION OF A PARKING EXCEPTION AT 535 EAST MAIN STREET. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Design Review (DR) 2020-0011 was filed by Scott Olsen of Procon Development Inc, on behalf of Ayla Capital Group LLC, for authorization to remodel an existing commercial building, construct a 3,458 square foot addition, establish outdoor seating in common and satisfy required on-site parking (nine (9) parking stalls) through the Parking Exception Program at 535 East Main Street. B. That the subject property is located within the Downtown Commercial Core Specific Plan (DCCSP)and DCCSP General Plan land use designation where the proposed uses are authorized by the DCCSP. C. That the proposed combination of commercial uses complies with the permitted use table in DCCSP Section 3.1 and complements and contributes to the project area. D. That, in accordance with Section 6.3.3 of the DCCSP, the development proposed may satisfy all or a portion of the required number of on-site parking spaces through the payment of a fee, in an amount determined by Fee Resolution of the City Council, upon a determination of the Tustin Planning Commission that the proposed project meets specific findings. E. 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. F. Pursuant to TCC Sections 9272 and 9277b, DR approval is required for the building design and site planning and outdoor restaurant seating areas. G. That in determining whether to approve the DR for site planning and design, outdoor seating, and an exception to the required parking, the Planning Commission must determine the project meets the required findings for a parking exception as identified in Section 6.3.3 of the DCCSP and whether it can be found that the location, size, architectural features, and general DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Resolution No. 4428 Page 2 appearance of the proposal 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 Planning Commission has considered at least the following items- 1. tems: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. Landscaping and parking area design. 7. Location, height and standards of exterior illumination. 8. Location and appearance of equipment located outside of an enclosed structure. 9. Location and method of refuse storage. 10.Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 11. Proposed signing. 12.The proposed project is consistent with the development Guidelines and criteria as adopted by the City Council. H. That the DCCSP provides the regulatory framework to preserve and enhance the planning area as a vital, pedestrian-friendly, and attractive commercial core in Tustin. This plan aims to attract more patrons to support and strengthen businesses through shopping, dining, and entertainment opportunities to foster community interaction and pedestrian activity. As proposed, the development is consistent with the overall vision, goals, and intent of the DCCSP in that the project proposes pedestrian orientation through building placement, scale and architectural design, and provides pedestrian paths and outdoor dining. I. That the project substantially complies with the Commercial Development Standards contained in Chapter 3 of the DCCSP as follows- 1. ollows:1. Building Setbacks: The building setback requirement is a minimum of zero (0) feet. The proposed building setback is fifteen (15) feet from the property line on Newport Avenue and fifteen (15) feet from the property line on Main Street with outdoor seating at three (3) feet. 2. Building Height: Maximum building height is four(4) stories; proposed height of the one (1) story structure is twenty-three (23) feet, six (6) inches with tower elements measuring thirty-two (32) feet. DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Resolution No. 4428 Page 3 3. Building Size: The DCCSP does not limit the square footage in Development Area DA 5. The proposed building addition is 3,458 square feet resulting in a total building size of 8,222 square feet. 4. Parking is provided at the rear of the property and would be screened from view by the existing commercial building and addition. 5. Signage shall consist of channel letters and logos. 6. Public open space has been provided in the form of outdoor seating in common. J. That the project substantially complies with the Commercial Design Criteria contained in Chapter 3 of the DCCSP as follows- 1. ollows:1. Building Siting and Corner Placement: The design provides a building forward orientation with placement at the corner to continue the building edge and the building addition will screen on-site parking. 2. Building Articulation and Detail: Building elevations visible from the street include substantial architectural detailing. Storefront windows and smaller trellis structures along the street to provide new architectural details to the project site while a large trellis structure along the Main Street elevation provides building articulation and shade at the outdoor seating area. Roof forms and facades provide visual interest and reduce the appearance of uniform building massing. The design is cohesive and varying in respect to architectural details, windows, doors and materials. 3. Pedestrian Access, Connections, and Amenities: Outdoor patio area will include table seating and the site will provide pedestrian access from Main Street and Newport Avenue. K. That the proposed project is located within the DCCSP where all or a portion of the required number of commercial parking spaces may be satisfied through the payment of a fee upon Planning Commission approval based on the following findings: 1. The proposed project is an infill project located within the Downtown Commercial Core (DCC). The project is proposed at an existing commercial property developed with a 4,763 square foot multi-tenant building. The proposal includes the remodel and replacement of a portion of the existing building and a 3,458 square foot addition to accommodate additional commercial tenants onsite. The property is located within the Downtown Commercial Core Specific Plan. DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Resolution No. 4428 Page 4 2. That the proposed project is considered to be relatively small. The project site is less than one acre in size. 3. That the proposed project has incorporated building or site design enhancements that make it an outstanding addition to DCC. The project incorporates high quality materials and enhancements in the fagade, storefronts and throughout the building while maintaining compatibility with the existing commercial building. 4. That the proposed project is aesthetically superior to one that provides all required parking on site. The project site is a corner property with frontage along Newport Avenue, Main Street, and Centennial Way. Project includes a sizeable building addition with a prominent tower feature along Newport Avenue that adds architectural interest to the building. On-site parking and driveway access are located to the rear of the building and out of view. Additional on-site parking spaces would be highly visible at this corner lot and the project would be best served through the parking exception agreement. 5. That the project applicant shall agree to pay an annual fee for each commercial space not provided on site. As a condition of approval, the applicant shall enter into an agreement to pay an annual fee for parking not provided on-site. L. The proposed development meets the findings required within Section 6.3.3 of the DCCSP to allow participation in the Parking Exception Program. M. The parking exception for this project is consistent with the City's goal of introducing customer-attracting commercial uses, generating jobs, increasing the number of persons shopping and working in Old Town Tustin, and fostering economic development of the surrounding areas. N. The City previously prepared the Old Town Parking Study that concluded that there is a significant amount of available parking in the Downtown Commercial Core area. O. The City's Police Department has reviewed the application and has no concerns. P. This project is Categorically Exempt pursuant to Section 15332 (Class 32 — In-Fill Development) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Resolution No. 4428 Page 5 II. The Planning Commission hereby approves DR 2020-0011 authorizing the remodel an existing commercial building, construction a 3,458 square foot addition, establishment of outdoor seating in common and authorization to satisfy required on- site parking through the Parking Exception Program at 535 East Main Street PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 27th day of April, 2021. D/o/pc_u-Signedby- AMY MASON Chairperson DocuSigned by: -4. O�� ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, JUSTINA L. WILLKOM, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4428 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of April, 2021. PLANNING COMMISSIONER AYES: Chu, Higuchi, Kozak. Mason (4) PLANNING COMMISSIONER NOES: Mello (1) PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: DocuSigned by: -4. O�� ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 EXHIBIT A CONDITIONS OF APPROVAL DESIGN REVIEW 2020-0011 535 EAST MAIN STREET GENERAL (1) 1.1 The proposed project shall substantially conform to the submitted plans for the project date stamped April 27, 2021, on file with the Community Development Department, as herein modified, or as modified by the Planning Commission in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC) or other applicable regulations. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request and associated fee are received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of DR 2020-0011 is contingent upon the applicant 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 Community Development Director, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Exhibit A Resolution No. 4428 Page 2 (1) 1.7 As a condition of approval of DR 2020-0011, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third-party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicants of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.8 Prior to the issuance of a Certificate of Occupancy, the applicant shall comply with Ordinance No. 1416 established by City Council Resolution No. 12-27 by executing and recording an agreement requiring the payment of an annual fee per space not provided on site that would compensate the City for the project's proportional use of public street and lot parking spaces. The fee amount is subject to change at the discretion of the Tustin City Council and the total number of spaces required through the Parking Exception Agreement may change if site plan changes are needed to satisfy Water Quality Management Plan requirements, as determined by the Community Development Director. (1) 1.9 In the event that the City implements programs and regulations to create parking or other assessment district(s), the property owner and all successors in interest shall not contest and must participate in the implementation of such program. *** 1.10 The proposed project involves the properties at both 535 E. Main Street and 13561 Newport Avenue and will require joint authorization by all affected property owners. a. Prior to permit issuance, revised CC&Rs documenting additional building area shall be provided for review. Modifications must be approved by the Community Development Department and City Attorney prior to recordation. b. The applicant shall reimburse the City for additional fees associated with the review of the revised Master Association Documents/CC&R (City to collect $1,000 deposit at time of plan check to cover actual City costs). *** 1.11 A revised master sign program is required prior to the issuance of a sign permit for signs on the building addition.All new and future on-site signage, DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Exhibit A Resolution No. 4428 Page 3 including permanent and temporary signs/banners, shall comply with Section 4.5.1 of the DCCSP for Signage and the TCC. OUTDOOR SEATING (1) 2.1 The outdoor seating area shall comply with the approved plans and regulations and requirements set forth in TCC Section 9277 (Outdoor Restaurant Seating Areas). Any significant modifications to the outdoor seating area must be approved by the Community Development Director. (4) 2.2 The 908 square foot outdoor seating area located adjacent to Main Street is to serve the entire center and include movable tables and chairs beneath an attached trellis structure. If in the future, all or a portion of the outdoor seating area is assigned for use by a specific tenant, additional parking may be required and shall be subject to review and approval by the Community Development Director. (1) 2.3 The hours of operation for the outdoor seating area shall be consistent with the hours of operation for the center, but in no event shall operate before 6:00 AM nor after 11:00 PM. If these hours of operation are found to be a nuisance or negative impact to the surrounding tenants or neighborhood, the Community Development Director may restrict the hours of operation. Modifications to the hours of operation may be considered by the Community Development Director. (1) 2.4 Doors from the tenant spaces to the outdoor seating area shall be self- closing. (1) 2.5 The outdoor seating area shall comply with the City's Noise Ordinance. (1) 2.6 The applicant shall comply with all applicable federal, state, county and city laws and regulations concerning accessibility and nondiscrimination in the provision of services, and operation of the outdoor seating area shall not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. (1) 2.7 No outdoor keeping or storage of food or beverages shall be permitted. No open keeping or storage of used dishes, utensils or food scraps shall be permitted. Self-closing outside trash containers shall be provided to the satisfaction of the Community Development Department. All outdoor seating areas shall be cleaned on a continual daily basis. DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Exhibit A Resolution No. 4428 Page 4 (1) 2.8 All litter shall be removed from the exterior areas around the premises including public sidewalk areas, alleys and parking areas, no less frequently than once each day that the business is open. (1) 2.9 The outdoor seating area shall not obstruct any fire exit, fire escape, or other required ingress or egress to any structure or property. BUILDING PLAN SUBMITTAL (1) 3.1 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, State, federal laws, and regulations as adopted by the City Council of the City of Tustin. (1) 3.2 A separate demolition permit shall be obtained to remove existing improvements proposed for demolition. (1) 3.3 An accessible path of travel shall be provided per CBC 2019, chapter 11 B at site arrival points and within the site. All doors to the building must be accessible and have proper clear space in front of the door which is 60" plus width of the door in the fully open position at 90 degrees. (1) 3.4 Compliance is required with California Energy Code, section 110.10 mandatory requirements for solar ready buildings. (1) 3.5 Trash enclosures shall have a solid roof or awning and shall be enclosed by masonry wall with access which effectively obscures the contents placed within the enclosure. Trash enclosures must have an accessible route to it. The accessible route may terminate at a complying door with strike edge clearance and complying hardware, but entry to the enclosure itself is not required. PUBLIC WORKS DEPARTMENT (1) 4.1 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. (1) 4.2 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP). The Priority WQMP shall identify: the implementation of BMPs, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Exhibit A Resolution No. 4428 Page 5 (1) 4.3 Prior to submittal of a WQMP, the applicant shall submit a deposit of $2,700.00 to the Public Works Department for the estimated cost of reviewing the WQMP. (1) 4.4 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding O & M Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification", with the County Clerk-Recorder. This document shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. (1) 4.5 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalk adjacent to the site. (1) 4.6 On-street parking shall continue to be prohibited adjacent to the project site on Newport Avenue, Centennial Way, and Main Street. (1) 4.7 Prior to any work in the work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department . (1) 4.8 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing City of Tustin public water facilities affect by the proposed project. (1) 4.9 Prior to issuance of any permit, the applicant shall provide written release/approval from the East Orange County Water District (EOCWD) for the sewer and water connections of the addition. (1) 4.10 Facility Solid Waste Collection and Recycling Plan. a. The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling programs. b. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). c. Adequate collection capacity shall be provided to ensure that collection frequency shall not exceed four times per week for commercial customers. d. All trash enclosures shall be able to accommodate at least two (2) 4-yard bins, with at least one (1) bin reserved for recyclable materials. Space for a container for organics is also required as described in Section 10e below. DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Exhibit A Resolution No. 4428 Page 6 e. All developments are required to provide space for the collection of organic materials. Organics are collected in 35-gallon and 65- gallon wheeled carts, and 2-yard bins. The size of the organic's container will be dependent upon the use and size of the building. Organics can be collected six (6) days per week to minimize the space required for a container (1) 4.11 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (TCC Section 4351, et al) to recycle at least sixty-five (65) percent of the project waste material or the amount required by the California Green Building Standards Code. b. The applicant will be required to submit fifty dollars ($50.00) application fee and a cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount will be collected in accordance with the TCC. c. Prior to issuance of a permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". ORANGE COUNTY FIRE AUTHORITY (1) 5.1 Prior to issuance of a building permit, the applicant shall submit Fire Master Plan (Service Code PR145). (1) 5.2 Prior to concealing interior construction, the applicant shall obtain OCFA approval for the fire sprinkler system. (Service Code PR420-PR440). (1) 5.3 Prior to concealing interior construction, the applicant shall obtain OCFA approval for the fire alarm/sprinkler monitoring. (Service Code PR500- PR520). (1) 5.4 Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or DocuSign Envelope ID:53884FAB-1D6E-41A2-B1F1-BEFFA504FOA9 Exhibit A Resolution No. 4428 Page 7 final) requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at (714) 573-6150. FEES (1) 6.1 Within forty-eight(48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. 6.2 Prior to the issuance of any building permits, 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. a. Building plan check and permit fees to the Community Development Department based on the most current schedule at the time of permit issuance. b. Engineering plan check and permit fees to the Public Works Department based on the most current schedule at the time of permit issuance. c. OCFA plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. d. Payment of Major Thoroughfare and Bridge Fees to the Tustin Public Works Department are required at the time a building permit is issued. e. New construction fee in the amount of ten cents ($0.10) per square foot. f. School facilities fee in the amount as required by Tustin Unified School District.