HomeMy WebLinkAboutDR 01-020
ATE:
JANUARY 22, 2002
Inter-come
TO:
ZONING ADMINISTRATOR
FROM:
SUBJECT:
COMMUNITY DEVELOPMENT DEPARTMENT
DESIGN REVIEW 01-020
APPLlCANTI
PROPERTY
OWNER:
AUDREY E. HEREDIA
13561 MALENA DRIVE
TUSTIN, CA 92780
LOCATION:
335 SOUTH C STREET
ZONING:
CENTRAL COMMERCIAUPARKING OVERLAY DISTRICT (C-2,P)
ENVIRONMENTAL
STATUS: THIS PROJECT IS CONSIDERED CATEGORICALLY EXEMPT
(CLASS 3) PURSUANT TO SECTION 15303 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
REQUEST:
AUTHORIZATION FOR CONSTRUCTION OF AN ADDITION TO
AN EXISTING RESTAURANT TO INCLUDE EIGHT (8)
ADDITIONAL SEATS AND A RETAIL TEA SALES AREA AND A
NEW 520 SQUARE FOOT DETACHED RETAIL BUILDING
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action 02-001 approving
Design Review 01-020.
BACKGROUND
The proposed project is the second phase of an expansion to an existing restaurant
located at 335 South C Street. On June 21, 1999, the Zoning Administrator approved the
first phase of the proposed project that involved removing on-site parking, relocating one
disabled parking stall to the front of the driveway, and installing a gazebo and garden
area to the rear of restaurant. The first phase of the project has been completed. The
second phase involves an expansion of the dining area on the south elevation of the
existing restaurant and addition of a detached retail building in the garden area.
Zoning Administrator Report
Design Review 01-012
January 22, 2002
Page 2
The restaurant building is located on the second parcel from the northeast corner of
South C Street and Main Street within 300 feet of Stevens Square Parking structure (see
Attachment A - Location Map). The existing structure is an A-rated Victorian Queen
Anne structure that was converted to a restaurant in 1976. The site is located in the
Central Commercial (C-2) zoning district, Town Center Redevelopment Project Area and
within the Cultural Resources (CR) and Parking Overlay District. Surrounding uses
include retail uses to the north, a public alley to the east, an office building to the south,
and the Tustin Presbyterian Church to the west.
The property is located at 335 South C Street within the Central Commercial (C-2)
zoning district, the Cultural Resources Overlay District, and the Town Center
Redevelopment Project Area, where restaurant and retail uses are permitted. Design
Review is required for the building and site design. Design Review requests within
redevelopment areas require approval of the Zoning Administrator at a public meeting.
Courtesy notices to property owners within 100 feet of the site were mailed on January
10,2002.
DISCUSSION
The existing restaurant is proposed to be expanded by 375 feet. The expansion area
would accommodate a "Tea Sales Room" with eight (8) seats for dining and a tea sales
area (Attachment B - Submitted Plans). A new raised porch is proposed on the west side
of the structure. The building expansion and porch cover is designed with a flat roof
complemented with roof-line balustrade that would connect to the existing house. The
railing and roof eave are proposed to be enhanced with a circular perforated design
replicated from the existing porch. The proposed colors, architectural details, and
materials are compatible with the existing Victorian style house. A peer review was
conducted by Community Redevelopment Agency staff that indicated there would be no
adverse impacts to architectural integrity of the structure.
A detached retail building is proposed to be located at the northeast corner of the site.
The proposed building is 520 square feet in area, and contains a retail/sales area, a
storage room, and a unisex restroom. The proposed building height is seventeen (17)
feet, which is less than allowable height of fifty (50) feet. The building resembles a
garden shed with galvanized roofing and rough-hewn posts that support a five foot
overhang on the south and west side of the building. A simple gable covers the
structure with decorative ridge trim. Two (2) circular eave windows accent the gable
sides and add interest to the sides. The walls are proposed as batten wood siding
painted dark brown with a deep purple accent color for the trim and window frames.
With the addition and the detached building, the site coverage is less than twenty-five
(25) percent. Tustin City Code Section 9233 allows 100 percent lot coverage, less
parking and landscape requirements. No side yard or rear yard setbacks are required
unless the property abuts a residential district. In this case, the property is surrounded
by commercial and office uses.
Zoning Administrator Report
Design Review 01-012
January 22. 2002
Page 3
The remainder of the rear portion of the site is proposed to be landscaped
complementing the existing English Cottage style of the front and side of the site. No
exterior lighting has been proposed. Condition 2.2 requires that all new light fixtures be
consistent with the architecture of the building and that the exterior lighting be designed
and arranged as not to direct light or glare onto adjacent properties, including the
adjacent streets and public alley.
Access and Parking
With the first phase of the project, on-site parking was removed with the exception of an
accessible parking stall and loading area. Pedestrian access to the site is provided from
C Street and the rear pubic alley. A trash enclosure is provided at the rear and
deliveries to the restaurant are mainly through the rear public alley. Parking is prohibited
in the public alley; however, loading and unloading for deliveries are permissible for
businesses that are adjacent to the alley. A total of eight (8) spaces were leased from
the Redevelopment Agency in the parking structure to accommodate Phase I
improvements. The new improvements would require six (6) additional parking spaces
based on the following ratio:
Restaurant Expansion
Retail Building
Total (New)
Eight (8) additional seats
520 SQuare feet
1 per 3 seats 2.67 spaces
1 oer 200 SQuare feet 2.6 soaces
5.27 spaces
In accordance with Tustin City Code Section 9252U)(3)(b) and (c), on-site parking
requirements may be waived upon approval of a long-term lease for off-site parking within
300 feet of the site. Prior to the issuance of building permits, Condition 3.1 would require
the applicant to amend the agreement with the Tustin Redevelopment Agency to lease six
(6) additional parking spaces in the Downtown Parking Structure. Condition 3.5 would
prohibit parking in the rear alley.
ANALYSIS
A decision to approve the project may be based upon the following findings:
. The proposed restaurant expansion and retail building are permitted uses in the
Central Commercial (C-2) zoning district and are encouraged uses within the
Cultural Resources Overlay District.
. As conditioned, the project design complies with all development standards set forth
in Section 9233 of Tustin City Code. 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.
. A Certificate of Appropriateness for alteration of the exterior features of a building
and construction of improvements within the Cultural Resource Overlay District may
be issued based upon the following findings:
Zoning Administrator Report
Design Review 01-012
January 22, 2002
Page 4
. As conditioned, the proposed work will conform to Tustin City Code Section
8103(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.
. 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.
c=~~~
Minoo Ashabi
Associate Planner
Attachments:
A: Location Map
B: Submitted Plans
C: Zoning Administrator Action No. 02-001
S:\CDDIZAREPORT\DR 01-020-McCharles House.doc
ATTACHMENT A
Location Map
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ATTACHMENT C
Zoning Administrator Action 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:
1.
2.
3.
4.
5.
6.
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.
7.
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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 ata regular
20 meeting held on the 22nd day of January, 2002.
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ELIZABETH A. BINSACK
Zoning Administrator
Eloise Harris
Recording Secretary
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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11 ELOISE HARRIS
Recording Secretary
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EXHIBIT A
ZONING ADMINISTRATOR ACTION 02-001
CONDITIONS OF APPROVAL
DESIGN REVIEW 01-020
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 CODEtS
(4) DESIGN REVIEW
(5)
(6)
(7)
...
LANDSCAPING GUIDELINES
pctCC POLICY
EXCEPTION
RESPONSIBLE AGENCY
Zoning Administrator Action 02-001
Exhibit A
Page 2
PLAN SUBMITTAL
(1) 2.1 At the time of building penmit 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 pattern 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 California
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 installed 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 )
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 detenmined by the Building Official.
3.5 No parking in the public alley is permitted.
(1,5) 4.1 Prior to issuance of any building penmits, 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 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.
Zoning Administrator Action 02-001
Exhibit A
Page 6
c. Orange County Sanitation District No. 7 Sewer Connection Fees in
effect at the time of building permit 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
"An 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
8103(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.
Elizabeth A. Binsack
Community Development Director