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HomeMy WebLinkAboutZA 97-008/DR 97-024 1 ZONING ADMINISTRATOR ACTION 97-008 2 The Zoning Administrator of the City of Tustin does hereby resolve 3 as follows: 4 I . 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Zoning Administrator finds and determines as follows: A. That a proper application, Design Review 97-024 was filed by California Star Restaurants, Inc. to authorize the remodel of an existing restaurant located at 1222 Irvine Boulevard. B. The property is located within the Town Center Redevelopment proj ect Area. Pursuant to Ci ty Code . Section 9299(b) (3) (i), the Zoning Administrator has the authority to approve Design Review applications within the redevelopment project areas. C. As conditioned, the project has been found consistent with the Town Center Redevelopment Project Area Plan. D. 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 al;"ea, 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: 1. Setbacks and site planning. 2. Exterior materials and colors. 3. Landscaping, parking area design and traffic circulation. 4 . Location, height and standards of exterior illumination. 5 . Physical relationship of proposed structures to existing structures in the neighborhood. 6. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 7. Development Guidelines and criteria as adopted by the City Council. E. That the proposed project is categorically exempt (Class 1) pursuant to the California Environmental Quality Act Section 15301. 1 Zoning Administrator Action 97-008 Page 2 2 3 II., The Zoning Administrator hereby approves Design Review 97-024 to authorize the remodel of an existing restaurant located at 4 1222 Irvine Boulevard, subject to the conditions contained in Exhibit A, attached hereto. 5 7 6 PASSED AND ADOPTED at a regular meeting of the Tustin Zon.ing Administrator, held on the 29th day of September, 1997. 8 & 9 10 Rick Brown Zoning Administrator Designee :: !l;rJ 13 Recording Secretary 14 STATE OF CALIFORNIA COUNTY OF ORANGE 15 CITY OF TUSTIN 16 I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of 17 Tustin, California; that Zoning Administrator Action No. 97-008 was duly passed and adopted at a regular meeting of the Tustin Zoning 18 Administrator, held on the 29th- day of September, 1997. 19 20 BARBARA REYES 21 Recording Secretary 22 23 24 25 26 27 28 EXHIBIT A DESIGN REVIEW 97-024 CONDITIONS OF APPROVAL ZONING ADMINISTRATOR ACTION 97-008 GENERAL (1) 1.1 The proposed proj ect shall substantially conform with the submitted plans for the project date stamped September 29, 1997 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. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permi ts for the proj ect, subj ect to review and approval by the Community Development Department. (1) 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 (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) 1.4 Approval of Design Review 97-024 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. (1) 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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Design Review 97-024 September 29, 1997 Page 2 PLAN SUBMITTAL (1) 2.1 When submitting for a building permit, submit three sets of plans, two sets of structural and energy calculations. Site plan, landscape plan, electrical, mechanical and plumbing plans shall be included. Compliance with approved plans shall be inspected by the Community Development Department during construction and prior to final inspection. (1) 2.2 Plans for remodeled area shall comply with applicable codes, City Ordinances and the state and federal laws and regulations to include: 1994 Uniform Building Code with California Amendments 1994 Uniform Mechanical Code with California Amendments 1994 Uniform Plumbing Code with Cal"ifornia Amendments 1993 National Electrical Code with California Amendments T-24 California Energy Efficiency Standards (1) 2.3 Health Department approval is required prior to issuance of a building permit. (3) 2 .4 Provide dimensions between tables, chairs, and walls. All seating areas must meet all UBC requirements, including American with Disability Act (ADA) requirements. (7) 2.5 Provide manufacturer's specifications and details or catalog information regarding outdoor tables, seats, and trash receptacles. No alteration to the approved colors or fabrics of the tables, seats, structural elements, umbrellas, furniture, covers, trash receptacles, or other physical elements which are visible to the public right- of-way shall be made without prior written approval from the Community Development Department. (3) 2.6 A pa~king space, primary entrance to. the building, the primary path of travel, sanitary facilities, drinking fountains, and public telephones shall be accessible to persons with disabilities. (1) 2.7 The plans shall be revised to clearly indicate existing and proposed improvements. Exhibit A Design Review 97-024 September 29, 1997 Page 3 NOISE (1) 3 .1 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. (1) 3 · 2 Construction hours shall be clearly posted on the proj ect site to the satisfaction of the Building Official. (1) 3 .3 Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are prohibited. FIRE AUTHORITY (5) 4 .1 Fire Safety Si te Plan Prior to the issuance of a building permit, the applicant shall submit plans for the review and approval of the Fire Chief. The applicant shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744 - 0403 for the Fire Safety Site/Architectural Notes to be placed on the plans. (5) 4.2 Fire Suppression System - Prior to installation, plans for an approved fire-suppression system for the protection of commercial-type cooking equipment shall be submitted to the Fire Chief for review and approval. (5) 4.3 Fire Alarm System - Prior to installation, plans for the fire alarm system shall be submitted to and approved by the Fire Chief. This system shall be operational prior to the is.suance of a Certificate of Use and Occupancy. ARCHITECTURE (4) 5 .1 The proposed "Gal val ume" standing seam metal roof ing shall be modified to a non-reflective roofing finish or include a roof treatment to dull or rust the galvanized surface subject to the approval of the Community Development Department. Exhibit A Design Review 97-024 September 29, 1997 Page 4 (1) 5.2 All exposed metal flashing or trim shall be painted to match the building. (1) 5.3 The overall lighting for the project shall comply with the City of Tustin Security Ordinance and shall provide a minimum of one (1) footcandle of lighting illumination throughout the site. All exterior lighting shall be arranged as not to direct light or glare onto adjacent properties or streets. (4) 5.4 Provide exact details of all exterior door and window types, including but not limited to such information as frame color and glass tint. SIGNS (1) 6.1 Pursuant to Section 9408B of the City of Tustin Sign Code, the proposed business is permitted the following signs: a. Monument sign - Permitted for individual tenants located in a freestanding building within a center and minimum of 5, 000 square feet of floor area. These signs may be a maximum of six (6) feet in height and 32 square feet in sign face area. This site would be eligible for one (1) monument sign. b. Primary wall sign - one (1) primary wall sign for the purpose of business identification only. the sign area may be equal to a maximum of 15 percent of the storefront square footage not to exceed 75 square feet. The sign must be located below the roof eave. c. Secondary wall sign - Two (2) secondary wall signs for the purpose of business identification only. Secondary wall sign shall face onto a street, parking area, or service road. The sign area square footage may be equal to a maximum of 5 percent of the side or rear wall not to exceed 25 square feet. Both side and rear walls of the subject building would be eligible for secondary wall signs. The signs must be located below the roof eave. Exhibit A Design Review 97-024 September 29, 1997 Page 5 (1) 6 . 2 The submi t ~ed plans show a total of three proposed business identification signs. All signs shall be submitted as a separate application. Plans shall indicate overall height and width dimensions of the parapet mounted signs so that sign copy area can be determined. The sign areas shall be reduced to conform to the criteria noted in Section 6.1. (1) 6 .3 The neon stripes around the perimeter of the parapet walls on the north and west elevations shall be eliminated unless approved by the Planning Commission under a separate application. USE RESTRICTIONS PROPERTY MAINTENANCE, ALCOHOLIC BEVERAGE SALES CONDITIONS OF APPROVAL FOR RESTAURANT USE RESOLUTION NO. 3376 (CUP 95-011, DR 95-025) (1) 7.1 All applicable Conditions of Approval of Planning Commission Resolution No. 3376 and Zoning Administrator Action 96-001 including those pertaining to total seating, outdoor seating, alcoholic beverage sales, video games and property maintenance shall apply to the continued use of a restaurant at 1222 Irvine Boulevard, and are incorporated herein by reference. FEES (1) 8.1 Prior to issuance of any building permits, payment shall (5) be made of all applicable fees, including but not limi ted 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. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. Exhibit A Design Review 97-024 September 29, 1997 Page 6 (1) 8.2 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty eight 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.