Loading...
HomeMy WebLinkAboutDR 02-033 JATE: Inter-com. DECEMBER 16, 2002 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: DESIGN REVIEW 02-033 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: DONAHUE SCHRIBER DONAHUE SCHRIBER RETAIL GROUP, L.P. 200 E. BAKER, SUITE 100 COSTA MESA, CA 92626 DONAHUE SCHRIBER DONAHUE SCHRIBER RETAIL GROUP, L.P. 200 E. BAKER, SUITE 100 COSTA MESA, CA 92626 651 E. FIRST STREET FIRST STREET SPECIFIC PLAN WITH COMMERCIAL LAND USE DESIGNATION ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: RECOMMENDATION AUTHORIZATION FOR THE ENCLOSURE OF AN EXISTING OUTDOOR DINING AREA AND THE CONSTRUCTION OF A CUSTOMER WAITING AREA FOR AN EXISTING RESTAURANT. That the Zoning Administrator adopt Zoning Administrator Action 02-004 approving Design Review 02-033. Proiect Description The applicant is requesting authorization to enclose an existing outdoor dining area and construct a customer waiting area for the existing Peppino's restaurant located in the Tustin Courtyard (Attachment A - Location Map). The existing 325 square foot outdoor dining area is currently iocated along the eastern building elevation, separated by wrought iron fence and is covered with Zoning Administrator Report Design Review 02-033 December 16, 2002 Page 2 a canopy. This area is proposed to be enclosed with permanent walls and a roof to match the center's exterior finish materials (Attachment B - (Submitted Plans). The new walls will be stucco and painted to match the existing building elevation and the new aluminum windows will match the existing aluminum storefront systems. A new parapet with stucco plaster finish above the proposed mansard roof will also accent the exterior elevations. In addition, along the main entrance to the restaurant, a new 105 square foot vestibule area will be constructed to accommodate customer waiting area. The vestibule area will enclose a portion of the open patio area at the front entrance and will utilize new aluminum glass windows and doors to match existing aluminum storefront system. The enclosure will integrate the existing pilaster located to the front of the main entrance into the new exterior wall for the vestibule. The enclosure of the patio area will not block the existing pedestrian sidewalk. The restaurant was originally approved with 157 seats. CUP 94-13 authorized the addition of twenty-three (23) three seats of an outdoor seating area to the 123 restaurant seats for a total of 146 seats. Since the submitted plans indicate that there will be no new seats added, no changes to the parking requirements are anticipated. The proposal is consistent with all Design Review criteria and development, including the height, setbacks, and parking. Alcoholic Beverages Requirements .on December 13, 1993, the Planning Commission approved the original Conditional Use Permit (CUP) 93-032 to authorize the sale of alcoholic beverages through Resolution No. 3208. On July 5, 1994, the Zoning Administrator through CUP 94-013 authorized the establishment of an outdoor seating area and the service of alcoholic beverages within the outdoor seating area. Since the proposal is to enclose an area that has been authorized through previous approvals, no new CUP for alcoholic beverages will be required. The applicant, however, will need to comply with both conditions of approvals of CUP 93-032 and CUP 94-013 and obtain any necessary permits or permit revision from the Department of Alcoholic Beverages Control. Consistency with Redevelopment Plan The site is located within the Town Center Redevelopment Project Area. A copy of the application and plans for Design Review 02-033 was distributed to the Community Redevelopment Agency staff and there are no concerns with the proposal. Jusl a vVillkom Associate Planner Attachments: A - Location Map B - Submitted Plans C - Zoning Administrator Action No. 02-004 S:\Cdd\ZAREPORT\DR 02-033 Peppino's.doc Attachment 1 Location Map LOCATION MAP ffi ~ n K PROJECT NO. 1)~ 02 - 03-:!> ADDRESS 65\ E. 'f'lf..Sf si. 1"VSTIN I cA Attachment 2 Submitted Plans 12/13/2ee2 12:57 1562366e457 i . f I ' r:i · ( Q I I ;!; I it 81' II ~ 1 J (t: o ~3 ~~ W~ ~= ~~ }. -0 ~Z Z~ ~t ~~ ~ KLUGER KOLLIN ARCH PAGE e2 _1'IN,....llIA.~lr_11 .I~ u ~ .- flB l if I ~ il~ z- J :.:i 0:: o u. ... o z "'~lilOllIT't'O'Nlaru O~JJ.l:lnooNJall.l. t .l.NVlUlV.LSh S,O "''''3d : ~O, !N:lI'GAOWd~1 IN :ll " tli i ~, ~ i~r ,II .! u: f II td i ltllJl ( I J. ,'f I >- '" o ,.. ill ~ ill J i j.n ~ tlW...1 lIE Il. ot;j~ ~wz <~" ~fI)l? ~...:; :J fI).o( 8 !!;O "- . z .z FWF Ul ~3 F2 ~.. ~ ~ ~ l Hh _ f t I J ~~OO~EJ~f :., ~ ~ ?: ~ ~ ~ ~d _. ~ W Ii: ~' 3 w ... . . I '" z ~ . ~,., - . . . fit. mirr ;J etee<El~~i 12/13/2662 12:57 15623666457 KWGER KOLL.IN ARCH PAGE 63 aIKl'tN~.IlIJjl\J.'v,.,...ilol ( L)~ t ~ 12/13/2882 12:57 15623668457 .I~ ~ I { I fH ! ~ 1 ill. i . fa' d t .. . ~ hlllll ~ .1 ' , , . I I ~~ I ~X,;'i:: t C:::'::f, "I ""'r ,," :::t,:: ,,,.:.'.~;.",;";.,,,:,:.:;, J ;" "",;,: ",':,,),':1 '~~, ':.. ;::' ,;':"1 ," .:,:, , " :::""'1 '. ~" '.'~ .-0 : "~J~(JI * JI ill J ~- ",;~ .:w.::'i ~~.4 , ',' .....\...1 ';':.::""! ~.~~::.;q. ~~~~~~~ t"'AU~ tI'f. KLU~~~ K~.N A~~ ~ ~ 2: 5 il. 'I; \ it ~ :\ il. ., n: ~ fMf"M....'f\I&.""UWWJd Y1NltQ,/nYO'NlJ.Iln.l. OWAJ.liIno:)HI.Ltll.. III 0 Z 'j ~ l! ~ :> dJ 1<1~ ---;.., ~q ~q; ~ it S z .INVlInV.1SnI S.O dd3d .OJ .N3~3i\O.d1'l1.~ Nll ~ ~J~ ~ au = :1 11 t ~ ~ s ~ a UI :J "\ it " C: ~ ,[". .. ,vi":' 1'''1',..1., "'1'1. ;11:I-i:" , '1" :J.I.. .', 'k' . i'!:!:j'" .j.....':I drifi1 "'''r 2: ;) >= ~ iiI I !:; ~l ci ~ 2: a. " ~ a. :~ 1,:\~'lW.I;: I ':". ::/,:' :J i~ ~.', " "I"l),q . .'1.1':..... . '\.!J1':',i:l: n w,"'r:,lt'!<!1 "j,"i:'ili"::"'i" : !lll'I'I','I'.!'!I:; '11.1 \l '. .. ;..111~rrr~ I o .. ;1 , I . J z :) f= ~ llJ ... LlJ f- ~:I ~ ~ ., I') ~ u: "- ,,'~." ,j,:" : ii, I o II it Attachment 3 Zoning Administrator Action No. 02-004 ZONING ADMINISTRATOR ACTION 02-004 DESIGN REVIEW 02-033 The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. A proper application for Design Review 02-033 was filed by Donahue Schriber requesting authorization to enclose an existing 325 square foot outdoor dining area and to construct a 125 square foot vestibule for customer waiting area for Peppino's restaurant located at 651 E. First Street. B. Design review applications in the Town Center Redevelopment Project Area are subject to consideration by the Zoning Administrator. C. The proposed use is consistent with the General Plan Land Use Designation "Planned Community Commercial/Business," which provides for a variety of commercial and service-oriented businesses and the First Street Specific 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. D. 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. E. 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. 7. 8. 9. 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; Appearance and design relationship of proposed structures to existing structures and possible future structures; and, Development guidelines and criteria as adopted by the City Council. ~ Zoning Administrator Action 02-004 Page 2 F. The enclosures and vestibule will match the existing center in terms of architectural style, massing feature, materials, and color. G. The existing restaurant is permitted through Conditional Use Permits 93-032 and 94-013, and the proposed project design for the enclosure of the existing outdoor dining area and the construction of a new vestibule complies with all development standards set forth in the First Street Specific Plan. H. The project has been reviewed by the Community Redevelopment Agency staff and is consistent with the Town Center Redevelopment Project Area. I. This project is Categorically Exempt pursuant to Section 15301, Class 1, of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Design Review 02-033 authorizing the enclosure of an existing 325 square foot outdoor dining area and the construction of a 125 square foot vestibule for customer waiting area for Peppino's restaurant located at 651 E. First Street, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 16th day of December, 2002. . ELIZABETH A. BINSACK Zoning Administrator Eloise Harris Recording Secretary Zoning Administrator Action 02-004 Page 3 STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) 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. 02-004 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 16th day of December, 2002. ELOISE HARRIS Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 02-004 CONDITIONS OF APPROVAL DESIGN REVIEW 02-033 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped December 16, 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 02-033 is contingent upon the applicant and property owner signing and retuming 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 (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (7) (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES PC/CC POLICY *** EXCEPTION Zoning Administrator Action 02-004 Exhibit A Page PLAN SUBMITTAL (1) 2.1 At the time of building pemnit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Code (CPC), 2001 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. . 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 2001 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. (1) 2.5 A note shall be provided on final plans thata six (6) foot high chain link fence shall be installed around the construction area prior to construction. USE RESTRICTIONS *** 3.1 The restaurant shall have a maximum of 146 seats unless additional seating approved by the City. The maximum number of seats shall be indicated on the plans prior to issuance of building permits. *** 3.2 The sale of alcoholic beverages shall comply with all requirements of Conditional Use Pemnit 93-032 and the applicant shall provide copies of any Zoning Administrator Action 02-004 Exhibit A Page necessClry permit revisions from the Department of Alcoholic Beverage COntrol to the Community Development Department prior to final inspection. *** 3.3 No outdoor seating or live entertainment is permitted without approval of a cOnditional use permit or application permits. (1) 3.4 No outdoor storage is permitted during construction except as approved by the Tustin Community Development Director. (1) 3.5 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. Clnd 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. ENGINEERING/PUBLIC WORKS (1) 4.1 The City of Tustin is required to comply with State of California Waste Recycling requirements. To facilitate City compliance with this law, the Project Applicant/Contractor is required to submit and obtain approval from the Public Works Department of a Project Recycling Plan prior to the issuance of any grading, encroachment or building permit. The Project Recycling Plan shall demonstrate recovery and recycling of at least 50% of the total waste generated by the project and shall consist of the following components: · In a narrative form, describe efforts which will be utilized to minimize the generation of waste during the project; · Provide an estimate of the total amount of waste to be generated for the entire duration of the project; · Provide an estimate of the total amount of recyclable materials generated by the project, identified by recyclable material type; · Identify waste hauler(s) to be utilized during the project. Note: The City has an exclusive waste collection franchise with Federal Disposal Service of Santa Ana. No other haulers are to be utilized pursuant to City Code Section 4322; · Identify recyclable material processing facilities which will be utilized to process materials generated by the project; · Demonstrate that no waste generated by the project will be sent directly to any landfill; · Prior to the issuance of a Notice of Completion or a Certificate of Occupancy, submit a final report to the Public Works Department detailing actual quantities of the items listed above as well as a narrative summary of the recycling efforts implemented during the project; Zoning Administrator Action 02-004 Exhibit A Page . Prior to issuance of an occupancy permit, the applicant is required to submit recycling plans to the Public Works Department for each project tenant which demonstrates recycling or diversion from landfills of at least 50% of the total waste anticipated to be generated by each tenant; and, . Prior to issuance of any grading, encroachment or building permit, applicant is required to submit waste trash enclosure plans to the Public Works Department which demonstrate the provision of adequate physical space to accommodate all planned tenant recycling programs. FIRE (1) 5.1 Prior to the issuance of a building permit, the applicant shall submit plans for any addition or modification to the existing fire sprinkler system. Please contact the Orange County Fire Authority at 714-744-0499 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." (1) 5.2 Prior to final inspection, the sprinkler system shall be operational in a manner meeting the approval of the Fire Chief. (1) 5.3 Prior to issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief. The plans shall indicate exits, exit signs, and door hardware. Please contact the Orange County Fire Authority at 714-744-0499 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. FEES (1 ) 6.1 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. a. Building plan check and permit fees to the Community Development Department based on the most current scheduled. 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 permit issuance. The current fee is $1,600 per 1,000 square feet of the building. Based on the submittal $688.00 is due. Zoning Administrator Action 02-004 Exhibit A Page 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 $3.30 per square feet of the building area. Based on the submittal, $1,419.00 is due. (1) 6.2 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.