HomeMy WebLinkAboutZA 99-002/DR 98-033
ZONING ADMINISTRATOR ACTION 99-002
DESIGN REVIEW 98-033
FEBRUARY 8, 1999
The Zoning Administrator of the City of Tustin does hereby resolve as follows:
The Zoning Administrator finds and determines as follows:
A. That a proper application, Design Review 98-033, was filed by Shane Lucero
requesting authorization to alter the exterior of an existing retail building, add a
new 433 square-foot receiving area, and add a new loading dock on an
existing commercial building on property located at 13721 Newport Avenue.
B. Pursuant to City Code Section 9299(b)(3)(i), the Zoning Administrator has the
authority to approve Design Review applications for projects within the Town
Center Redevelopment Project Area.
C. Pursuant to Section 9272 of the Tustin Municipal Code, the Zoning
Administrator finds that the architectural features, materials and colors will not
impair the orderly and harmonious development of the area, the present or
future development therein, or the occupancy as a whole. In making such
findings, the Zoning Administrator has considered at least the following items:
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.
D. That the proposed project is categorically exempt (Class 3) pursuant to the
California Environmental Quality Act Section 15303.
The Zoning Administrator hereby approves Design Review 98-033 to authorize
exterior alteration of an existing retail building, add a new 433 square-foot receiving
area, and add a new loading dock on an existing commercial building on property
located at 13721 Newport Avenue, subject to the conditions contained in Exhibit A,
attached hereto.
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Zoning Administrator Action 99-002
Page 2
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PASSED AND ADOPTED at a regular meeting of the Tustin Zoning Administrator, held
on the 8th day of February, 1999.
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ELIZABETH A. BINSACK
Zoning Administrator
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KATH ARTIN
Recor mg Secretary
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STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF TUSTIN )
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I, Kathy Martin, the undersigned, hereby certify that I am the Recording Secretary of the
Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No.
99-002 was duly passed and adopted at a regular meeting of the Tustin Zoning
Administrator, held on the 8th day of February, 1999.
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KAT MARTIN
Recording Secretary
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EXHIBIT A
ZONING ADMINISTRATOR ACTION 99-002
CONDITIONS OF APPROVAL
DESIGN REVIEW 98-033
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans for
the project date stamped February 8, 1999, on file with the Community
Development Department, as herein modified, or as modified by the Director
of Community Development Department in accordance with this Exhibit. The
Director of Community Development may also approve subsequent minor
modification to plans during plan check if such modifications are to be
consistent with provisions of the Tustin City Code.
(1) 1.2 Design Review approval shall become null and void unless building permits
are issued within eighteen (18) months of the date of this Exhibit.
(1) 1.3 The applicant shall sign and return an Agreement to Conditions Imposed form
prior to the issuance of any permits.
(1) 1.4 All conditions in this Exhibit shall be complied with prior to the issuance of any
building permits for this project, subject to review and approval of plans by the
Community Development Department.
(1) 1.5 The applicant shall hold and defend the City of Tustin from all claims and
liabilities arising out of a challenge of the City's approval for this project.
PLAN SUBMITTAL
(1) 2.1 Indicate on the title sheet the applicable codes, City Ordinances, and the State
and federal laws and regulations including:
· 1994 Uniform Building Code other related building codes with California
Amendments;
· 1993 National Electrical Code with California Amendments;
· T-24 California Disabled Access and Energy Conservation; and,
· City of Tustin Ordinances.
(1) 2.2 Indicate the type of construction and group of occupancy for the building on
the plans.
(1) 2.3 Indicate paths of travel from the street sidewalk and disabled access parking
spaces to the entrance of the building without passing through the driveway
Zoning Administrator Action 99-002
Exhibit A
Page 2
and behind other parking spaces other than his or her own. Also, locate the
access aisle on the passenger side.
(1) 2.4 Add a note on the plans which indicates that complete plans and
specifications will be provided for architectural, structural including the soils
report, electrical, mechanical, plumbing to comply with T-24 for energy
conservation and disabled access regulations. .
ELEVATIONS
(1) 3.1 The glass on the front fac;:ade of the building shall not be altered or removed.
White horizontal blinds may be installed on the interior side of the front fac;:ade
windows to provide screening.
NOISE
(1) 4.1 All construction operations including engine warm up shall be subject to the
provisions of the City of Tustin Noise Ordinance, as amended, and may take
place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through
Friday and 9:00 a.m. until 5:00 p.m. on Saturday unless the Building Official
determines that said activity will be in substantial conformance with the Noise
Ordinance and that public health and safety will not be impaired subject to
application being made at the time the permit for the work is awarded or
during progress of the work.
(5) 4.2 Construction hours shall be clearly posted on the project site to the
satisfaction of the Building Official.
FIRE
(1) 5.1 Prior to the approval of any use/site permits for site planning, issuance of any
grading permits, or building permits, whichever occurs first, the applicant shall
submit to the Fire Chief a list of the quantities of all hazardous, flammable and
combustible materials, liquids or gases. These liquids and materials are to be
classified according to the "Orange County Fire Authority Chemical
Classification Handout". The submittal shall provide a summary sheet listing
each hazard class, the total quantity of chemicals stored per class and the total
quantity of chemicals used in that class. All forms of materials are to be
converted to units of measure in pounds, gallons and cubic feet.
(1) 5.2 Prior to the issuance of any building permits on those (Iot(s)/parcel(s))
determined applicable by the Fire Chief, plans for the automatic fire sprinkler
system shall be submitted to and approved by the Fire Chief prior to installation.
This system shall be operational prior to the issuance of a certificate of use and
occupancy.
Zoning Administrator Action 99-002
Exhibit A
Page 3
(1) 5.3 Prior to the issuance of any building permits, the applicant shall contact the
Orange County Fire Authority Hazardous Materials
FEES
(1) 6.1 Prior to 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.
B. Orange County Fire Authority plan check fees to the Community
Development Department based on the most current schedule.
C. Major Thoroughfare and Bridge Fees to the Tustin Public Works
Department based on the current fee of $2.96 per square foot of the
new addition.
D. School facilities fee to the Tustin Unified School District subject to any
agreement reached and executed between the District and the
applicant.
E. 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
$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.