HomeMy WebLinkAboutZAA 02-001
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ZONING ADMINISTRATOR ACTION 02-001
DESIGN REVIEW 01-020
5 The Zoning Administrator of the City of Tustin does hereby resolve as follows:
6 I. The Zoning Administrator finds and determines as follows:
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A.
That a proper application for Design Review 01-020 was filed by Audrey
Heredia requesting authorization to construct a 500 square foot addition to
the south side of the existing restaurant to accommodate eight (8) additional
seats and a 520 square foot detached retail building at the rear of the
property located at 335 South C Street.
B.
That the proposed use is consistent with the General Plan Land Use
Designation "Old Town Commercial," which provides for a variety of retail
and service-oriented businesses. 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.
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.
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 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:
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Height, bulk, and area of buildings;
Setbacks and site planning;
Exterior materials and colors;
Type and pitch of roofs;
Size and spacing of windows, doors, and other openings;
Towers, chimneys, roof structures, flag poles, radio and television
antennae;
Physical relationship of proposed structures to existing structures in
the neighborhood;
Appearance and design relationship of proposed structures to
existing structures and possible future structures in the
neighborhood and public thoroughfares; and,
Development guidelines and criteria as adopted by the City
Council.
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9.
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Zoning Administrator Action 02-001
Page 2
E. As conditioned, the proposed restaurant and retail uses are permitted and
the project design complies with all development standards set forth in
Section 9233 of the Tustin City Code. In addition, the proposed restaurant
expansion and retail building are encouraged uses within the Cultural
Resources Overlay District. Approval of the project is contingent upon the
applicant obtaining approval to lease six (6) spaces in the Downtown
Parking Structure from the Redevelopment Agency.
F. The project has been reviewed by Redevelopment Agency staff and is
consistent with the Town Center Redevelopment Project Area.
Redevelopment Agency staff have indicated that the required number of
parking spaces would be available within the public structure. The applicant
would need to enter into a lease agreement with the Redevelopment Agency
to proceed with the retail and restaurant expansion.
G. 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 Design Review 01-020 authorizing
construction of a 500 square foot addition to the south side of the existing
restaurant to accommodate eight (8) additional seats and a 520 square foot
detached retail building on 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.
PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular
20 meeting held on the 22nd day of January, 2002.
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Eloise Harris
Recording Secretary
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ELIZABETH A. BINSACK
Zoning Administrator
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oning Administrator Action 02-001
Page 3
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4 STATE OF CALIFORNIA)
COUNTY OF ORANGE )
5 CITY OF TUSTIN )
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I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of
7 he Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action
No. 02-001 passed and adopted at a regular meeting of the Tustin Zoning Administrator,
8 held on the 22nd day of January, 2002.
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ELOISE HARRIS
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Recording Secretary
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EXHIBIT A
ZONING ADMINISTRATOR ACTION 02..Q01
CONDITIONS OF APPROVAL
DESIGN REVIEW 01..Q20
GENERAL
(1) 1.1 The proposed use shall substantially conform with the submitted plans for
the project date stamped January 22, 2002, 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 found 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 01-020 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.
SOURCE CODES
(1) STANDARD CONDITION
REQUIREMENT
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODElS
(4) DESIGN REVIEW
(5)
(6)
(7)
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LANDSCAPING GUIDELINES
PC/CC POLICY
EXCEPTION
RESPONSIBLE AGENCY
Zoning Administrator Action 02-001
Exhibit A
Page 2
PLAN SUBMITTAL
(1) 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 Code (CPC), 1998 California Electrical
Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy
Regulations, City Ordinances, and State and Federal laws and regulations.
(1) 2.2 Building plan check submittal shall include the following:
. Seven (7) sets of construction plans, including mechanical, plumbing,
and electrical drawings.
. Two (2) copies of structural calculations.
. Two (2) copies of Title 24 energy calculations.
. Elevations that include all dimensions, materials, colors, finishes.
. Roofing material shall be fire rated class "B" or better.
. Details of all proposed lighting fixtures and a photometric study showing
the location and anticipated pattem of light distribution of all proposed
fixtures. All new light fixtures shall be consistent with the architecture of
the building. All exterior lighting shall be designed and arranged as not to
direct light or glare onto adjacent properties, including the adjacent
streets and public alley. 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's Security Ordinance.
. A note shall be provided on the plans stating lighting shall not produce
light, glare, or have a negative impact on adjacent properties.
. The location of any utility vents or other equipment shall be provided
on the roof plan with cross-section details showing the installation of any
rooftop equipment. Rooftop equipment shall be installed and maintained
so as not to be visible from the public right-of-way.
. Note on plans that no field changes shall be made without prior
approval from the Building Official and architect or engineer of record.
(3) 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 Califomia
Building Code Appendix Chapter 29, as per type of group occupancy, or as
approved by the Building Official.
(3) 2.4 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.
Zoning Administrator Action 02-001
Exhibit A
Page 3
(1) 2.5 Four (4) sets of final grading plans consistent with the site plan as
prepared by a registered civil engineer shall be submitted and shall
include the following:
. Technical details and plans for all utility installations including
telephone, gas, water, and electricity.
· Three (3) copies of precise soil report provided by a civil engineer and
less than one (1) year old. Expanded information regarding the levels
of hydrocarbons and ground water contamination found on-site shall
be provided in the soil report. All pavement "R" values shall be in
accordance with applicable City of Tustin standards.
. All site drainage shall be handled on-site and shall not be permitted to
drain onto adjacent properties.
. Drainage, vegetation, circulation, street sections, curbs, gutters,
sidewalks, and storm drains shall comply with the on-site Private
Improvement Standards.
(1) 2.6 The engineer of record must submit a final compaction report to the
Building Division for review and approval prior to the issuance of a building
permit.
(1) 2.7 The engineer of record must submit a pad certification to the Building
Division for review and approval prior to the issuance of a building permit.
(1) 2.8 A surety/cash bond will be required to assure work is completed in
accordance with approved plans prior to permit issuance. The engineer's
estimated cost of the grading, drainage, and erosion control shall be
submitted to the Building Official for determination of the bond amount.
(1) 2.9 The applicant shall comply with the following conditions pertaining to the
requirement for a Water Quality Management Plan:
. Prior to issuance of grading permits, the applicant shall obtain approval
of the Community Development and Public Works Departments for a
Water Quality Management Plan (WQMP) specifically identifying Best
Management Practices (BMPs) that will be used on-site to control
predictable pollutant run-off. This WQMP shall identify the structural and
non-structural measures which will be implemented on this project and
shall detail the implementation of BMPs whenever they are applicable to
the project; the assignment of long-term maintenance responsibilities
(specifying the developer, parcel owner, maintenance association,
lessee, etc.); and, reference to the location(s) of structural BMPs. The
property owner and applicant shall be responsible for implementing the
provisions of the WQMP on an ongoing, permanent basis.
Zoning Administrator Action 02-001
Exhibit A
Page 4
· Prior to submittal of a Water Quality Management Plan (WQMP), the
applicant shall submit a deposit of $2,500.00 for the estimated costs of
review of the WQMP to the Building Division. The actual costs shall be
deducted from the deposit, and the applicant shall be responsible for
and pay for any additional review costs that exceed the deposit prior to
issuance of grading permits. Any unused portion of the deposit shall be
refunded to the applicant.
. Prior to issuance of any permits, the property owner shall record a
"Notice of Water Quality Management Plan (WQMP)" with the County-
Clerk Recorder on a form provided by the Community Development
Department to inform future property owners of the requirement to
implement the approved WQMP.
. Prior to the issuance of any permits, the property owner and applicant
shall provide written consent and authorization to enter the property for
the purpose of conducting compliance assessments. An authorized
inspector may inspect the property for the purpose of verifying
compliance with Chapter 4 of the Tustin City Code (Water Quality
Ordinance) and verifying compliance with the approved Water Quality
Management Plan.
. The Community Development and Public Works Departments shall
determine whether any proposed change in use requires an
amendment to an approved Water Quality Management Plan.
(1) 2.10 A note shall be provided on final plans that a six (6) foot high chain link fence
shall be install.ed around the site prior to building construction stages. A
nylon fabric or mesh shall be attached to the temporary construction fencing.
Gated entrances shall be permitted along the perimeter of the site for
construction vehicles.
(1) 2.11 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 structure. The numerals shall be no less than six (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) 2.12 The applicant shall comply with all City policies regarding short-term
construction emissions, including periodic watering of the site and prohibiting
grading during second stage smog alerts and when wind velocities exceed
15 miles per hour.
Zoning Administrator Action 02-001
Exhibit A
Page 5
USE RESTRICTIONS
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(1 )
(1 )
(1 )
(1 )
FEES
3.1
The proposed project requires six (6) additional parking spaces based on
the following ratios:
Restaurant Expansion
Retail Buildinq
Total (New)
Eight (8) Add'l Seats (1 per 3 seats)
520 square feet (1 per 200 square feet)
2.67 spaces
2.6 spaces
5.27 spaces
Prior to issuance of building permits, the applicant shall execute an
agreement with the Tustin Redevelopment Agency to lease six (6) additional
parking spaces for a total of fourteen (14) parking spaces for the restaurant
(total 66 seats) and retail use in the Downtown Parking Structure in lieu of
providing on-site parking.
3.2 No outdoor seating or entertainment is permitted without approval of a
conditional use permit.
3.3 No outdoor storage is permitted during construction except as approved
by the Tustin Community Development Director.
3.4 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.
3.5 No parking in the public alley is permitted.
3.6 Design Review 01-020 may be reviewed annually, or as needed, if deemed
necessary by the Community Development Department. If in the future the
City determines that parking problems exist in the vicinity as a result of the
use, the Director may require the applicant and/or property owner to prepare
a parking demand analysis and bear all associated costs. The parking
demand analysis would need to be prepared by a California Registered
Traffic Engineer and/or California Registered Civil Engineer experienced
in this type of analysis. If the study indicates that there are adverse parking
impacts as a result of the use, the applicant and/or property owner shall be
required to provide mitigation measures to be reviewed and approved by the
Community Development Director.
(1,5) 4.1
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.
Zoning Administrator Action 02-001
Exhibit A
Page 6
a. Building plan check and penmit fees to the Community Development
Department based on the most current scheduled in accordance with
the Old Town Fee Waiver Policy.
b. Orange County Fire Authority plan check and inspection fees to the
Community Development Department based upon the most current
schedule.
c. Orange County Sanitation District No. 7 Sewer Connection Fees in
effect at the time of building penmit issuance. In the case of existing
structures connected to the District's system facilities, to which new
construction or alteration is made to change or increase the category
of use, a Capital Facilities Capacity Charge shall be calculated and
paid based on the new use, less a credit amount for the prior
category of use. The current fee due is $895 per 1,000 square feet of
the building. Credit for the existing building may be obtained when
applicant provides square footage of existing building.
d. Transportation System Improvement Program (TSIP) Benefit Area
"A" fees in the amount of $5.53 per square feet of new or added
gross square floor area of construction or improvements to the
Community Development Department.
e. School facilities fee to the Tustin Unified School District subject to
any agreement reached and executed between the District and the
applicant.
f. The applicant shall pay the Major Thoroughfare and Bridge fee in
effect at the time of the issuance of the building permit. The
present fee is $3.23 per square feet of the building area.
(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 forty-
three dollars ($43.00) 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.
CERTIFICATE OF APPROPRIATENESS
335 South C Street
January 22, 2002
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 Director has
deferred consideration of the Certificate of Appropriateness to the Zoning Administrator.
The proposed project includes a 375 square foot addition to an existing restaurant, which
is identified as an "A" rated example of the Queen Anne style by the Tustin Historical
Resources Survey; and construction of a 520 square foot retail building at the rear of the
property.
The Zoning Administrator finds and determines as follows:
. As conditioned, the proposed work will conform to Tustin City Code Section
81 03(m) in that the proposed work will require issuance of a building permit and site
inspections.
. The proposed work does not adversely affect the character of the District or
Designated Cultural Resources within the District in that the proposed addition to
the existing structure matches the Queen Anne style of the existing structure and
will not adversely impact the architectural integrity of the building, and the new retail
building is detached from the main structure and designed to resemble a garden
shed.
. The proposed work is harmonious with the existing structure and surrounding
improvements in that the design and placement of the restaurant addition and retail
building complements the design, character, materials, and scale of the existing
building and are appropriate for the setting.
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Elizabeth A. Binsack
Community Development Director