Loading...
HomeMy WebLinkAboutZAA 01-001/CUP 00-021, DR 00-026 2 ZONING ADMINISTRATOR ACTION 01-001 CONDITIONAL USE PERMIT 00-021 AND DESIGN REVIEW 00-026 3 The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administratorfinds and determines as follows: 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 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. b. 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 alcobolic 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. Zoning Administrator Action 01-001 CUP 00-021, DR 00-026 Page 2 2 3 4 5 6 7 8 9 10 11 12 13 i4 i5 i6 17 18 19 20 2i II. 22 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 of 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 stru ctu re. 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. 23 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a meeting held on the 5th day of March 2001. ~ . L ~~o<::: &/1' J-, IZABETH A. BINSACK ~) ~ Zoning Administrator Eloise Harris Recording Secretary 24 25 26 27 28 29 Zoning Administrator Action 01-001 CUP 00-021, DR 00-026 Page 3 STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) 2 3 I, Eloise Harris, the undersigned, hereby certify that I am the Recording Secretary of the 4 Zoning Administratorof the City of Tustin, California; that Zoning Administrator Action No. s 01-001 passed and adopted at a meeting of the Tustin Zoning Administrator, held on the 5th day of March 2001. :~~~ Eloise Harris 8 Recording Secretary 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 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. 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 perrnit 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 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 exterior 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: 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 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 Retail Use Restaurant Sauare Feet 4,550 56 Seats Parkina Ratio 1/200 square feet 1/each 3 seats Reauired Parkina 23 19 42 28 Total Required Parking Spaces by Code Total Parkina Spaces Reauired per Parkina Analvsis Total Parking Spaces (On-Site) Total Parkina Spaces (Leased from RDA) Total Parking Spaces Provided 24 4 28 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 and Title 24. (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 RedevelopmentAgency 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 (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. (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 11 :30 a.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: 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.