HomeMy WebLinkAboutCUP 00-021, DR 00-026 (2)
DATE:
MARCH 5, 2001
Inter-come
TO:
FROM:
SUBJECT:
ZONING ADMINISTRATOR
COMMUNITY DEVELOPMENT DEPARTMENT
CONDITIONAL USE PERMIT 00-021 AND
DESIGN REVIEW 00-026
APPLICANTI
PROPERTY
OWNER:
CHARLES VIRZI
4790 IRVINE BOULEVARD, SUITE # 121
IRVINE, CA 92620
LOCATION:
301-307 EL CAMINO REAL (ACCESSOR PARCEL NUMBER 401-
585-02)
ZONING:
CENTRAL COMMERCIAUPARKING OVERLAY (C-2P)
ENVIRONMENTAL
STATUS: 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)
REQUEST:
AUTHORIZATION TO REMODEL THE EXTERIOR OF THE
COMMERCIAL CENTER, MODIFY THE EXISTING PARKING
LOT, AND ESTABLISH OUTDOOR SEATING AND SHARED
PARKING FOR THE PROPERTY LOCATED AT 301-307 EL
CAMINO REAL
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action 01-001 approving
Conditional Use Permit 00-021 and Design Review 00-026.
BACKGROUND
On February 20, 2001, the Redevelopment Agency approved a Disposition and
Development Agreement to construct the improvements proposed under Conditional Use
Permit 00-021 and Design Review 00-026 for the property located at 301-307 EI Camino
Real.
Zoning AdministratorReport
Conditional Use Permit 00-021
Design Review 00-026
March 5, 2001
Page 2
~--'
The property is located in the Central Commercial Parking Overlay (C-2P) Zoning District,
the Cultural Resources Overlay District, and the Town Center Redevelopment Project
Area. In accordance with Section 9271(aa) of the Tustin City Code, the Zoning
Administrator may authorize shared parking for commercial centers that are less than
30,000 square feet, subject to the approval of a Conditional Use Permit. In addition, the
Zoning Administrator may consider minor conditional use permits where there would be
no change of use. Since the restaurant use is existing, the addition of outdoor seating
may be considered by the Zoning Administrator. Design Review by the Zoning
Administrator is required pursuant to Section 9272 within the Town Center
Redevelopment Project Area, and issuance of a Certificate of Appropriateness by the
Community Development Director is also required by Section 9252 (f) and Section 9252
(g)(3) for exterior alteration of buildings within the Cultural Resources Overlay District.
Site and Surrounding Properties
The site is located within an existing commercial center at the southwest corner of EI
Camino Real and Third Street (Attachment A - Location Map). The existing building was
built in the 1970s and is a non-contributing structure in the Cultural Resources Overlay
District. The building accommodates four (4) tenants; Black Sheep Bistro, Fortelesce
Salon, Flying Geese Fabric, and a book store. The center is surrounded by commercial
uses and commercially zoned properties to the south, north, east, and west.
DISCUSSION
Site and Building Modifications
The building elevations will be modified to create an updated and uniform character and
the parking layout will be modified to create an area for restaurant seating. The multi-
tenant building has a composition mansard roof, off-white stucco exterior with brown
wood trim features on the north and west elevations, and off-white wood siding and
stucco on the south and east elevations. The proposed changes are as follows
(AttachmentS - Submitted Plans):
· Modify the existing roof by adding stucco parapet walls to match the highest point
of the existing mansard roof on the east and south elevations and extend the
existing mansard roof on the east and west elevations.
· Construct new masonry walls on the east elevation to conceal the service area at
the rear of the building.
.
Add new doors, windows, wood trim, window awnings, window planter boxes and
landscape planters.
/"...- -....
Zoning Administrator Report
Conditional Use Permit 00-021
Design Review 00-026
March 5, 2001
Page 3
· Re-paint the exterior stucco and trim and install new roofing material.
· Widen the concrete walkway to eight (Sffeet adjacent to the front elevation and
install decorative brick borders.
· Eliminate five (5) parking spaces in front of the Black Sheep Bistro to create an
outdoor patio seating area for the Black Sheep Bistro.
· Underground overhead electrical lines, provide a new connection to the public
sewer system, and re-surfacethe parking lot.
Outdoor Seating
The restaurant currently has an interior dining area (the Black Sheet Bistro) with fifty-six
(56) seats and no outdoor seating. The applicant proposes no changes to the interior of
the restaurant other than relocation of some of the existing seats to the proposed outdoor
seating area. The applicant is requesting flexibility with respect to the number of seats
that may be located in the outdoor patio area; however, the total number of seats both
indoors and outdoors would be a maximum of fifty-six (56). Based upon the Unifonm
Building Code, the Building Division has estimated that approximately forty-two (42) seats
may be located in the patio area.
The Outdoor Seating Guidelines (Resolution No. 2490) set forth criteria to be used when
evaluating outdoor seating proposals as follows:
· Alcoholic Beverage Sales: The applicant has a current on-site sales license from
the State Department of Alcoholic Beverage Control (ABC) and is proposing to
serve alcohol in the outdoor seating area. The patio area needs to be clearly
defined and part of the restaurant it serves. In addition, the area needs to be
accessible from inside the restaurant and supervised by restaurant employees to
ensure conformance with all laws regarding consumption of alcoholic beverages.
The area will be defined by heavy planter boxes and accessible from the interior of
the restaurant. Condition Nos. 3.3 through 3.12 are included to ensure compliance
with Uniform Building Code and alcoholic beverage sales requirements.
· Conformance with Parking Requirements: No additional seating is proposed in
conjunction with the outdoor seating area; interior seats will be relocated to the
patio when needed. The maximum number of interior and exterior seats was
included in the Shared Parking Study (Attachment C). Condition No. 3.2 limits the
number of restaurant seats to a maximum of fifty-six (56) seats and states that no
more than forty-two (42) of the fifty-six (56) seats may be located in the patio area.
· Clean-Up Facilities: Outdoor seating facilities need to contain trash receptacles or
be cleaned on a continual daily basis for removal of litter and food items. Condition
Zoning Administrator Report
Conditional Use Permit 00-021
Design Review 00-026
March 5, 2001
Page 4
No. 3.5 is included to require frequent cleaning.
· Design Compatibility: Outdoor seating areas may not obstruct vehicular traffic,
and all structural elements need to be compatible with the overall design of the
main structure. In addition, all signs need to conform to the sign code. The
proposed patio is located adjacent to the existing building and will not obstruct
traffic. The design of the enclosure will complement the other window boxes that
are proposed. Condition No. 3.4 is included to require the applicant to provide
planter box details for review and approval and ensure that the planters are
maintained in a healthy condition. Condition No. 2.18 is included to require
comprehensive sign plans that comply with the City of Tustin Sign Regulations.
· Location to Sensitive Uses: Outdoor seating areas that are within six hundred
(600) feet of residences, schools, churches, and hospitals require consideration of
potential noise, light, and loitering. This property is within six hundred feet of a
Mobile Home Park on the corner of Third Street and Prospect Street, however, no
noise or light impacts are anticipated. The restaurant will operate from 5:00 p.m.
to 11 :00 p.m. which is consistent with other restaurants in the vicinity. Condition
No. 3.7 set forth the hours of operation for the restaurant and state that the
/~.
Director of Community Development may consider modification to the hours.
Shared Parking
The 7,063 square foot commercial center has twenty-nine conforming existing off-street
parking spaces. In 1975, Variance 75-1 authorized the addition of 1,668 square feet and
a reduction of required parking spaces from thirty-three (33) parking spaces to twenty-
nine (29) parking spaces. The applicant proposes to reconfigure the parking lot to include
a total of twenty-four (24) standard and compact spaces. Based on the proposed project,
a total of forty-two (42) parking spaces would be required. However, a shared parking
analysis has been prepared to determine if twenty-four (24) spaces would provide
sufficient capacity for the project (Attachment C - Parking Analysis):
· The parking survey was conducted on a Friday during the peak hours of 11 :00
a.m. to 1 :00 p.m. and 4:00 p.m. to 6:00 p.m. The parking survey showed that the
peak demand for the center occurred between 12:30 p.m. and 1:00 p.m. with
twenty-eight (28) parked vehicles.
· During afternoon hours, there were typically an average of two (2) parking spaces
unoccupied and, during morning hours, there were typically an average of one (1)
unoccupied space. Assuming full building occupancy and the number of parking
spaces, the study found that there is a potential for a shortage of four (4) parking ~
spaces during the morning hours.
Zoning Administrator Report
Conditional Use Permit 00-021
Design Review 00-026
March 5, 2001
Page 5
· The parking study found that the applican! should enter into an agreement with the
City of Tustin Redevelopment Agency to lease four (4) parking spaces in the
Downtown Parking Structure or equivalent facilities to provide sufficient parking for
the project site.
The Engineering Division reviewed the analysis and concluded that shared parking could
be accommodated in the existing parking lot and by leased spaces from the City, given
the existing uses. However, Condition NO.1. 7 is included to require the property owner to
submit a revised parking demand analysis and implement any mitigation measures if
conditions change and future parking problems arise. In addition, since changes to, or
intensification of, uses or square footages of the tenant spaces have the potential to
impact the availability of parking, Condition Nos. 3.1 and 3.2 are included to require an
amendment to the conditional use permit for any modifications.
ANALYSIS
In determining whether to approve the Conditional Use Permit, the Zoning Administrator
must determine whether or not the proposed use will be detrimental to the health, safety,
morals, comfort and general welfare of the persons residing in or working in the
neighborhood or whether it will be injurious or detrimental to property or improvements in
the vicinity or to the welfare of the City.
A decision to approve this request is supported by the following findings:
1. The exterior modifications to the building and site and establishment of shared
parking and outdoor seating, as conditioned, will not have a negative effect on
existing or future tenants or surrounding properties, or be injurious or detrimental
to properties or improvements in the vicinity, or to the welfare of the City in that:
a. The overall remodeling of the building would be an enhancement to the
existing commercial center and existing and future uses within the
surrounding neighborhood.
b. 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.
Zoning Administrator Report
Conditional Use Permit 00-021
Design Review 00-026
March 5, 2001
Page 6
c. 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.
p~c1,aJ~
Assistant Planner
~WA;
~aren Peterson
U Senior Planner
Attachments: A - Location Map
B - Submitted Plans
C - Parking Demand Analysis dated February 9, 2001
D - Zoning AdministratorAction No. 01-001
~
s:zarpts/cupOO-021 zareport.doc
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ATTACHMENT A
Location Map
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CUPOO-021, DR 00-0}9
/ 303-307 EL CAMINe :A
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ATTACHMENTC
Parking Analysis Dated February 9, 2001
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February 9, 2001
Mr. Chuck Virzi
CHARLES VIRZI CONSTRUCTION
4790 Irvine Boulevard, Suite #105-121
Irvine, CA 92720
Subject:
Flying Geese Fabric Parking Study (Revised)
Dear Mr. Virzi:
INTRODUCTION
The purpose of this letter is to provide a parking study for the Flying
Geese fabric store located within the southeast corner of the EI Camino
Real/3rd Street intersection in the City of Tustin (see Exhibit A). The
site plan shows that the project site is being modified to contain a total
of 24 on-site parking spaces. Currently, a total of 32 parking spaces are
provided on-site. This parking study has been requested by the City of
Tustin to determine the adequacy of the existing parking based upon
the existing tenant mix within the shopping center.
The City of Tustin permits a parking study to be prepared by a
professional traffic engineer to evaiuate parking for a particular project.
The purpose of this study is to evaluate the parking demand with
respect to available parking.
PARKING SURVEY
The Flying Geese fabric store is currently in operation within a fully
. occupied shopping center that also contains a hair salon, restaurant and
bookstore. The shopping center contains approximately 4,550 square
feet. The existing restaurant (Black Sheep Bistro) currently contains a
total of 56 seats. The restaurant is proposed with an outdoor seating
area, but the total number of seats will continue to be 56 seats.
In order to determine the existing parking demand for the shopping
center, a parking survey was conducted on a Friday. Based upon
discussions with City of Tustin staff, the peak parking demand for the
shopping center was monitored during the periods of 11 :00 AM to 1 :00
PM and 4:00 PM to 6:00 PM. These timeframes were selected to
represent the times at which the typical peak parking demand of the
shopping center occurs. .
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. Mr. Chuck Virzi
. CHARLES VIRZI CONSTRUCTION
February 9, 2001
Page 2
In order to analyze the existing parking demand of the shopping center, the
shopping center was separated into three (3) on-site parking zones as shown on
Exhibit B. Each parking zone was reviewed on a 15 minute basis during the
periods of the parking survey. The results of the parking survey are shown in
Table 1. The peak parking demand for the shopping center occurred between
12:30 PM and 1 :00 PM with 28 parked vehicles. The existing shopping center
currently provides a total of 32 parking spaces. However, the site plan shows
that the project site is being modified to contain a total of 24 on-site parking
spaces.
In conclusion, the project site should enter into an agreement with the City of
Tustin to lease spaces in the downtown parking structure or equivalent facilities
in order to provide sufficient parking for the project site. If you have any
questions regarding this evaluation, please do not hesitate to call a1 (949) 660-
1994.
Sincerely,
URBAN CROSSROADS, INC.
Q) ~)J).
Carl Ballard
Senior Associate
CB:aaa
00138-0272-01
Attachments
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TABLE 1
PARKING SURVEY
EXISTING NUMBER OF PARKING SPACES
14 I 4 I 14
PARKING ZONES
TIME A B I C TOTAL
11:00AM-l1:15AM 12 0 13 25
11:15 AM - 11:30 AM 9 0 12 21
11:30 AM - 11:45 AM 10 0 12 22
11 :45 AM - 12:00 PM 12 0 13 25
12:00 PM - 12:15 PM 13 0 13 26
12:15 PM . 12:30 PM 13 1 12 26
12:30 PM . 12:45 PM 14 1 13 28
12:45 PM - 1 :00 PM 14 1 13 28
4:00 PM. 4:15 PM 5 2 13 20
4:15 PM - 4:30 PM 7 2 13 22
4:30 PM . 4:45 PM 9 2 12 23
4:45 PM - 5:00 PM 5 2 12 19
5:00 PM - 5:15 PM 6 2 11 19
5:15 PM - 5:30 PM 5 1 9 15
5:30 PM - 5:45 PM 6 ., 10 17
5:45 PM - 6:00 PM 5 1 10 16
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EXHIBIT A
SITE PLAN
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EXHIBIT B
PARKING ZONE LOCATION
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~. . PARJ<lIHG ZONE ~OC:ATION
FLYING GEESE FABRIC, Tustin, california - 00138:02
ATTACHMENT D
Zoning Administrator Action 01-001
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ZONING ADMINISTRATOR ACTION 01-001
CONDITIONAL USE PERMIT 00-021 AND DESIGN REVIEW 00-026
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The Zoning Administrator of the City of Tustin does hereby resolve as follows:
The Zoning Administratorfinds and determines as follows:
A. 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 EI Camino Real (Assessor's Parcel Number 401-585-02),
B. 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.
C. That a public hearing was duly called, noticed, and held on said application
on March 5, 2001, by the Zoning Administrator.
D. 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:
a. The overall remodeling of the building would be an enhancement to
the existing commercial center and existing and future uses within
the surrounding neighborhood.
b. 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.
c.
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.
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Zoning Administrator Action 01-001
CUP 00-021, DR 00-026
Page 2
E. 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 oj the area, the present or future
development therein, or the occupancy as a whole. In making such
findings, the fOllowing items have been considered:
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. Towers, chimneys, roof structures, flagpoles, and radio and
television antennae.
7. Landscaping, parking area design, and traffic circulation.
8. Location, height, and standards of exterior illumination.
9. Location and appearance of equipment located outside an enclosed
structure.
10. Location and method of refuse storage.
11. Physical relationship of proposed structures to existing structures in
the neighborhood.
12. Appearance and design relationship of proposed structures to
existing structures and possible future structures in the neighborhood
and public thoroughfares.
13. Development Guidelines and criteria as adopted by the City Council.
F. 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.
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PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a meeting
held on the 5th day of March 2001.
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ELIZABETH A. BINSACK
Zoning Administrator
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Eloise Harris
Recording Secretary
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Zoning AdministratorAction 01-001
CUP 00-021, DR 00-026
Page 3
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF TUSTIN )
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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 Administrator Action No.
01-001 passed and adopted at a meeting of the Tustin Zoning Administrator, held on the
5th day of March 2001.
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Eloise Harris
Recording Secretary
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EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 00-021 AND DESIGN REVIEW 00-026
MARCH 5, 2001
GENERAL
(1) 1.1 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.
(1) 1.2 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.
(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 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.
(1) 1.4 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.
(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.
(1) 1.6 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.
(1) 1.7 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
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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.
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Exhibit A
Conditions of Approval
CUP 00-021 ,DR 00-026
(c) 2.2 The building use and occupant load shall be identified on the plans.
(c) 2.3 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.
(c) 2.4 All new glass doors and windows, in or adjacent to doors, shall be
tempered per 1998 California Building Code Section 2406.4.
(c) 2.5 Prior to permit issuance, clearance from the Orange County Health Care
Agency will be required.
(c) 2.6 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.
(c) 2.7 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.
(c) 2.8 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.
(1) 2.9 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.
(1) 2.10 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.
(1) 2.11 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.
(1) 2.12 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
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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.
(1) 2.13 Indicate the location of all exter:ior 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.
(1) 2.14 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.
(1) 2.15 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.
(1 )
2.16 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:
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a. A combination of planting materials shall be used in all landscape
areas.
b. 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.
c. All newly planted trees shall be staked in accordance with the City's
Landscaping and Irrigation Guidelines.
d. Plant materials shall be chosen and located to promote water and
energy conservation.
(*)
2.17 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
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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
Retail Use 4,550 1/200 square feet
Restaurant 56 Seats 1/each 3 seats
Total Required Parking Spaces By Code
Total Parking Spaces Required per Parking Analysis
Required Parking
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42
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Total Parking Spaces (On-Site)
Total Parking Spaces (Leased from RDA)
Total Parking Spaces Provided
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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.
(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
of Alcoholic Beverage Control. Prior to issuance of building permits, details
of the planter boxes shall be submitted for review and approval by the
Redevelopment Agency and the Community Development Department. The
plants in the planter boxes shall be maintained in a healthy condition.
Exhibit A
Conditions of Approval
CUP 00-021 ,DR 00-026
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(2) 3.5 All litter shall be removed from the exterior areas around the premises
including adjacent public sidewalk areas and parking areas no less
frequently than once each day that the business is open.
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(5) 3.6 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.
(5) 3.7 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 5:00 p.m. to 11 :00 p.m.
Modifications to the restaurant hours of operation may be considered by
the Community Development Director.
(2) 3.8 The menu of the restaurant shall consist of foods that are prepared on the
premises.
(5) 3.9 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.
(5) 3.10 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.
(2) 3.11 Public telephones shall be permitted on the inside of the establishment
and shall be modified to prevent incoming calls.
(2) 3.12 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.
(1) 3.13 No outdoor storage is permitted during construction except as approved
by the Tustin Community Development Director.
FEES
(c)
4.1
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:
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Exhibit A
Conditions of Approval
CUP 00-021 ,DR 00-026
. 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.
(c) 4.2 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.
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