HomeMy WebLinkAboutZA 99-005/DR 99-015
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ZONING ADMINISTRATOR ACTION 99-005
DESIGN REVIEW 99-015
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The Zoning Administrator of the City of Tustin does hereby resolve as follows:
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I.
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The Zoning Administrator finds and determines as follows:
A. That a proper application for Design Review 99-015 was filed by Audrey
Heredia requesting authorization to remove eight (8) existing on-site parking
spaces and install a gazebo structure at the rear of the property located at
335 South C Street.
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. Height, bulk, and area of buildings;
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Landscaping, parking area design and traffic circulation.
5. Location, height and standards of exterior illumination.
6. Physical relationship of proposed structures to existing structures in
the neighborhood.
7. Appearance and design relationship of proposed structures to
existing structures and possible future structures in the
neighborhood and public thoroughfares.
8. Development Guidelines and criteria as adopted by the City
Council.
D. That the elimination of eight (8) on-site parking spaces would enhance the
pedestrian orientation of the project site and the area.
E. That this project is Categorically Exempt from the requirements of the
California Environmental Quality Act, pursuant to Section 15301 (Class 1).
F. That 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.
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Zoning Administrator Action 99-005
June 21, 1999
Page 2
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II.
The Zoning Administrator hereby approves Design Review No. 99-015 authorizing
removal of eight (8) existing on-site parking spaces and installation of a gazebo
structure at the rear of the property located at 335 South C Street, subject to the
conditions contained within Exhibit A, attached hereto, and the Certificate of
Appropriateness attached hereto as Exhibit B.
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8 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular
meeting held on the 21st day of June, 1999.
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ELIZABETH A. BINSACK
Zoning Administrator
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14 Recording Secretary
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STATE OF CALIFORNIA)
16 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. 99-005 passed and adopted at a regular meeting of the Tustin Zoning Administrator,
held on the 21 st day of June, 1999.
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22 KA~ARTIN
23 Recording Secretary
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EXHIBIT A
ZONING ADMINISTRATOR ACTION 99-005
CONDITIONS OF APPROVAL
DESIGN REVIEW 99-015
GENERAL
(1) 1.1 The proposed use shall substantially conform with the submitted plans for
the project date stamped June 21, 1999, 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) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall 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) 1.3 Design Review approval shall become null and void within twelve (12)
months of the date of this exhibit. Time extensions may be granted by the
Community Development Department 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 99-015 is contingent upon the applicant signing
and returning an "Agreement to Conditions Imposed" form as established
by the Director of Community Development.
(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.
PLAN SUBMITTAL
(3) 2.1 At building plan check, submit four (4) sets of construction plans. The
construction plans shall include a dimensioned site plan showing all existing
and proposed improvements. The construction plans shall also include
SOURCE CODES
(1)
(2)
(3)
(4)
STANDARD CONDITION
CEQA MITIGATION
UNIFORM BUILDING CODE/S
DESIGN REVIEW
(5)
(6)
(7)
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RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PC/CC POLICY
EXCEPTION
ZA Action 99-005
Desi9n Review 99-015
June 21, 1999
Page 2
(1 )
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specifications and materials call-outs on all elevations with applicable
details and notes added. No field changes shall be made without
corrections submitted to and approved by the Community Development
Department.
2.2 At the time of building permit application, the plans shall comply with the
most currently adopted Uniform Building Code, other related codes, City
Ordinances, and State and Federal laws and regulations.
2.3 A disabled parking and loading space with sufficient turning radius to return
to "C" Street shall be provided and illustrated on the construction plans
subject to approval by the Community Development and Public Works
Departments. The parking stall shall be a minimum of eighteen (18) feet in
length and (9) feet in width; the van accessible loading space shall be a
minimum of eight (8) feet in width and eighteen (18) feet in length with
striping and ramp. Disabled persons shall be able to park and access the
building without passing behind another car or traveling along the public
right-of-way.
(4) 2.4 A color and material sample of the proposed roofing material shall be
submitted for review and approval subject to final approval of the
Community Development Department.
USE RESTRICTIONS
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(1 )
(1 )
3.1 Upon approval by the City Council and prior to removal of on-site parking
spaces, the applicant shall execute an agreement with the Tustin
Redevelopment Agency to lease eight (8) parking spaces in the Downtown
Parking Structure in lieu of providing on-site parking.
3.2 Within one (1) year of the date of this approval, the applicant shall obtain
entitlements for and begin construction of the Phase II improvements
including the building expansion and secondary retail building or the gazebo
shall be removed and eight (8) on-site parking spaces shall be restored and
the one (1) disabled parking space shall be relocated to the rear of the site.
3.3 No permanent retail activities or restaurant seating shall be conducted or
provided in the gazebo or rear garden area unless required entitlements
have been obtained.
ZA Action 99-005
Design Review 99-015
June 21, 1999
Page 3
(1) 3.4 Phase II improvements such as additional retail area or outdoor restaurant
seating may be subject to approval of Design Review, Conditional Use
Permit, and/or amended Downtown Parking Structure Lease Agreement as
determined by the Community Development Department and Community
Redevelopment Agency.
(1) 3.5 No outdoor storage is permitted during construction except as approved
by the Tustin Community Development Director.
(1) 3.6 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.
FEES
(1) 4.1 Prior to issuance of any building permits, payment shall be made of
Orange County Fire Authority plan-check and inspection fees to the
Community Development Department based upon the most current
schedule. Payment shall be required based upon those rates in effect at
the time of payment and are subject to change.
(1,5) 4.2 Within forty eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development Department, a
cashier 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) hours 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.
CERTIFICATE OF APPROPRIATENESS
335 SOUTH C STREET
June 21,1999
In accordance with Ordinance No. 1001 which was adopted June 20, 1988 by the Tustin
City Council, the Community Development Director has the authority to approve, approve
with conditions or deny Certificates of Appropriateness for improvements requiring a City
building permit for property located within a Cultural Resource District.
The proposed project includes removal of existing on-site parking and installation of a
gazebo at the rear of the structure which is identified as an "A" rated example of the
Queen Anne style by the Tustin Historical Resources Survey.
The Community Development Department finds and determines as follows:
A. The proposed work will conform to the Municipal Code and TCC Section 8103(m)
in that the proposed work will require issuance of a building permit and site
inspections.
B. The proposed work does not adversely affect the character of the District or
Designated Cultural Resources within the District in that the proposed gazebo
structure is a Queen Anne style and the proposed materials are consistent with the
existing building.
C. The proposed work is harmonious with existing surroundings in that the site
modifications complement the character and scale of the existing building and
surrounding properties.
D. In accordance with Section 9252Q)(3)(b) and (c), the Community Redevelopment
Agency recommends that on-site parking requirements be waived provided the
applicant executes a long-term lease for off-site parking within the Downtown
Parking Structure. The removal of on-site parking will enhance the pedestrian
orientation of the site and the Old Town Tustin area.
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Elizabeth A. BinsacK
Community Development Director