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HomeMy WebLinkAboutZA ACTION 05-003 ZONING ADMINISTRATOR ACTION 05-003 DESIGN REVIEW 04-030 MARCH 23, 2005 I. The Zoning Administrator of the City of Tustin finds and determines'as follows: A. That a proper application, Design Review 04-030, was filed by Hugh Rose requesting authorization to demolish 4,195 square feet of an existing retail shopping center, conduct a facade remodel, and reconfigure the parking lot of the shopping center currently known as Tustin Crossings and located at 12932 Newport Avenue which is legally described as attached in Exhibit B. B. The site is within the Retail Commercial (100 C1 10,000) zoning district and is designated as Community Commercial by the Land Use Element of the General Plan. The project is located in the Town Center Redevelopment Agency Project Area. Retail commercial uses are permitted in the C1 zoning district and in the Community Commercial land use designation. The project has been reviewed for consistency with the Air Quality Sub-element of the General Plan and has been determined to be consistent with the Air Quality Sub-element. C. That design review applications within redevelopment project areas require consideration by the Zoning Administrator; the Zoning Administrator considered Design Review 04-030 on March 21,2005. D. As conditioned, the project shall enhance the vehicular flow within the site, shall be compatible with architecture of other shopping centers and buildings in the immediate vicinity, shall not change the retail nature of the center, will create a more attractive shopping center which may increase retail sales in the shopping center. E. That the Orange County Fire Authority (OCFA) has reviewed the plans for the remodel and have stated that fire sprinklers shall not be required in association with the project. As conditioned, OCFA approval of the plans submitted at plan check is required. F. That, as conditioned, the parking lot reconfiguration has been designed to minimize impacts to Newport Avenue and Old Irvine Boulevard in that the project accounts for future widening and improvements to be conducted by the City, eliminates one curb cut onto the property from Newport Avenue, turns a narrow two-way alley behind the shopping center into a one way alley, and requires stop signs to be placed on both sides of the drive aisle running parallel to Newport Avenue at the point where it intersects with the center driveway on Newport Avenue to help prevent traffic from backing up in the right northbound lane of Newport Avenue. G. That the project is for exterior improvements to the shopping center only and does not involve approval of specific land uses or any interior improvements to be conducted by individual tenants. Zoning Administrator Action 05-003 Design Review 04-030 March 23, 2005 Page 2 H. Sufficient on-site parking exists for the project in that retail uses on the properly require one parking space for every 200 square feet and warehouse uses require one parking space for every 1 ,000 square feet. As such, the 24,705 square feet of retail floor area and 5,988 of warehouse activities in the shopping center require 130 parking spaces. Although only 123 parking spaces will physically exist on-site, pursuant to TCC Section 9273(e), the shopping center shall retain the ability to count an additional eight (8) parking spaces in their sum of provided parking because those parking spaces are being eliminated by the City in association with a Newport Avenue widening capital improvement project. The total amount of parking spaces for the shopping center is to be considered as 131 which, with the parking lot reconfiguration, will leave the shopping center with a surplus of one parking space. I. That sufficient landscaping for the project is being provided in that 8,973 square feet of landscaping is being added and there is currently little or no landscaping on-site. J. That pursuant to Section 9272(c) of the Tustin City Code, the Zoning Administrator finds that the location, size, architectural features, and general appearance of the proposal 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 finds that the mass and appearance of the project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole and has considered at least the following items: 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, flag poles, radio and television antennae; 7. Physical relationship of proposed structures to existing structures in the neighborhood; 8. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares; and, 9. Development guidelines and criteria as adopted by the City Council. Items 1 through 9 have been considered in that: · The building footprint exists and is not being changed except that 4,195 square feet of building area is being removed. Zoning Administrator Action 05-003 Design Review 04-030 March 23, 2005 Page 3 · The retail commercial building is located along the Newport Avenue commercial corridor where similar retail commercial uses exist. · The 30,443 square feet of building area will remain a one-story building but will be increased in height to between 17 and 27 feet high, which is less than the maximum height permitted in the C1 zoning district and is less than the height that could be allowed for the adjacent residential properties to the immediate north; therefore, the height is appropriate for a commercial building that is adjacent to residential buildings. · Areas of the property not devoted to buildings and structures will continue to be devoted to parking and landscaping including landscape buffers adjacent to the Old Irvine Boulevard and Newport Avenue rights-of-way that screen the parking lot. · Adequate emergency vehicle and waste hauler access will continue to be provided on-site. · The project will improve the appearance and function of the property. · The proposed remodeling of the shopping center will introduce Spanish and French architecture, including contrasting white and tan plaster walls with recessed rectangular elements for shadow, a covered arcade walkway with arches to the exterior, light brown cornices, dark brown flat shingle concrete roof tiles, grey metal louvers, dormers, and a light brown perimeter wood trellis. The architecture is compatible with the French influenced architecture of Plaza Lafayette across Newport Avenue and the oil change facility building located at the northeast corner of Newport Avenue and Old Irvine Boulevard. I. That the project involves the demolition of 4,195 square feet of an existing retail shopping center, a fa~de remodel, and a reconfiguration of the shopping center parking lot which is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15301 (Class 1 - Existing Facilities) of the State CEQA Guidelines. II. That the Zoning Administrator hereby conditionally approves Design Review 04-030 authorizing the demolition of 4,195 square feet of an existing retail shopping center, a fagade remodel, and a reconfiguration of the shopping center parking lot at 12932 Newport Avenue, subject to the conditions identified in Exhibit A. Zoning Administrator Action 05-003 Design Review 04-030 March 23, 2005 Page 4 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 23rd day of March, 2005. ~ ELOISE HARRIS RECORDING SECRETARY ~D~lt'- DANA OGDON ACTING ZONING ADMINISTRATOR 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. 05-003 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 21 st day of March, 2005. ~d~ ELOISE HARRIS Recording Secretary EXHIBIT A CONDITIONS OF APPROVAL DESIGN REVIEW 04-030 MARCH 21, 2005 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 21, 2005, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 All conditions in this Exhibit shall be complied with prior to issuance of building permits or as otherwise specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Design Review 04-030 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 As a condition of approval of Design Review 04-030 the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEtS (4) DESIGN REVIEW *... EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Zoning Administrator Action 05-003 Design Review 04-030 Exhibit A March 21, 2005 Page 2 PLAN SUBMITTAL (5) 2.1 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. Building plan check submittal shall include the following: · Seven (7) sets of construction plans. At the time of individual tenant improvements, seven (7) sets of mechanical, plumbing and electrical plans are required. · Structural calculations, two (2) copies. · At the time of individual tenant improvements, two (2) copies of Title 24 energy calculations is required. · Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on site and off site where applicable. · The location of any utility vents or other equipment shall be provided on the roof plan. · 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. 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 that "All parking areas shall be illuminated with a minimum of one (1) foot-candle of light, and lighting shall not produce light, glare, or have a negative impact on adjacent properties." · Cross-section details showing the installation of the proposed rooftop equipment. Rooftop equipment shall be installed and maintained so as not to be visible from the public right-of-way. An elevation showing that rooftop equipment is installed below the height of the parapet is required. · Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (5) 2.2 Prior to building permit issuance the plans submitted at plan check must show a level floor or landing shall be provided at all doors. This area shall have a minimum length of 60 inches in the direction of the door swing and 48 inches in the opposite direction of the door swing. Zoning Administrator Action 05-003 Design Review 04-030 Exhibit A March 21, 2005 Page 3 (5) 2.3 Prior to building penmit issuance the plans submitted at plan check must show that all new glass doors and windows, in or adjacent to doors, will be tempered per 2001 California Building Code Section 2406.4. (5) 2.4 Prior to building permit issuance for any individual tenant improvements, the plans submitted at plan check must show that vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones are accessible to persons with disabilities. (5) 2.5 Prior to building penmit issuance the plans submitted at plan check must show that parking for disabled persons is provided with an additional five (5) foot loading area with striping and a 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. (5) 2.6 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 buildings. The numerals shall be no less than four (4) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness; six (6) inches in height for commercial. (5) 2.7 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. (5) 2.8 An adequate size trash enclosure with solid metal, self-closing, self-latching gates is required to be maintained to avoid health issues for neighboring commercial and residential areas. Said enclosure shall be screened by a solid decorative wall consistent with the adjacent building's material and finish and be of a minimum height of six feet. The actual location of the enclosure and types of screening and details of the enclosure shall be submitted at building plan check and are subject to approval by the Community Development Department. The location of the bin, size and quantity shall be reviewed and accepted in writing by Federal disposal Services. (5) 2.9 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 05-003 Design Review 04-030 Exhibit A March 21, 2005 Page 4 USE RESTRICTIONS (5) 3.1 The property owner shall ensure that on-site business activities are limited to inside the building except for outdoor dining in association with an approved conditional use permit and temporary outdoor sales or promotional events directly related to an on-site tenant who has received City approval of a temporary use permit. The property owner shall include information in each tenant lease at Tustin Crossings indicating that the tenant maintains responsibility for ensuring City approval is obtained for any business activities occurring outside of the building. (5) 3.2 A master sign program shall be provided to the City for review and approval prior to issuance of a building permit for any signs on the property. (1) 3.3 No deliveries or exterior work shall occur prior to 7:00 a.m. or after 10 p.m. daily. (5) 3.4 No cash or credit operated vending, entertainment, or communication devices such as telephones are permitted to be located outdoors on the property. The property owner shall place this as a condition in each lease to tenants on the property. (5) 3.5 To prevent roof-mounted equipment from being visible to adjacent residences, adjacent commercial properties, or the public right-of-way, all roof-mounted equipment must be installed below the height of the building roof parapet wall or an equipment screening plan must be submitted at the time that roof-mounted equipment is installed in association with individual tenant improvements. (5) 3.6 The approved building colors must be maintained as approved unless alternate colors are approved in writing by the Community Development Director. (5) 3.7 Prior to final inspection, the parking spaces designated as compact parking spaces on the approved site plan must be striped and signed as compact parking spaces on-site which meet the criteria of the City's "Parking Lot Design Standards." LANDSCAPING (5) 3.8 Prior to final inspection, detailed landscape plans must be submitted and approved by the City. The plans shall show the type, size, and location of proposed plant materials. Placement of the landscaping must be pursuant to the approved plans. Zoning Administrator Action 05-003 Design Review 04-030 Exhibit A March 21, 2005 Page 5 (5) 3.9 The sizes and quantities of the landscaping shall be continually maintained or replaced if unhealthy. All plant materials shall be installed in a healthy and vigorous condition, typical to the species, and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of dead or diseased dying plants. All trees and landscaping within the site and the perimeter of the site shall be maintained in a healthy and vigorous condition. PUBLIC WORKS DEPARTMENT (5) 4.1 A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, shall be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements along Newport Avenue and Old Irvine Boulevard shall be required adjacent to this development. As applicable, said plan shall include, but not be limited to the following: a) Curb and Gutter b) Sidewalk, including curb ramps for the physically disabled c) Drive aprons d) Street Lighting e) Catch basin/storm drain laterals/connection to existing storm drain system f) Domestic water facilities g) Sanitary sewer facilities h) Underground utility connections (5) 4.2 Prior to the issuance of an encroachment penmit, a 24" x 36' reproducible construction area traffic control plan, prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, shall be required. (5) 4.3 Written permission from property owners shall be required for any work located on adjacent properties. (5) 4.4 Adequate horizontal and vertical intersection sight line shall be provided. In general a 25' x 25' limited use area triangle provides adequate sight at typical driveways. Additional sight evaluation, however, could be required to satisfy City of Tustin Standard Drawings and Design Standards for Public Works Construction No. 510 for all affected streets. The sight lines shall be shown on the grading plan and landscape plan. If detailed analyses are requested, all landscaping within the limited use area would need to comply with City of Tustin Standard Drawings and Design Standards for Public Works Construction No. 510. Zoning Administrator Action 05-003 Design Review 04-030 Exhibit A March 21, 2005 Page 6 (5) 4.5 Existing sewer, domestic water, reclaimed water and storm drain service laterals shall be utilized whenever possible. (5) 4.6 Any damage done to existing street improvements and utilities shall be repaired before final inspection. (5) 4.7 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained and applicable fees paid to the Public Works Department. (5) 4.8 The applicant shall satisfy dedication and/or reservation requirements as applicable, including but not limited to dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific locations by the City Engineer and other agencies. (5) 4.9 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive aprons and sidewalk. (5) 4.10 Dedication of a minimum twenty (20) foot wide storm drain easement to the City of Tustin shall be required for the existing 42" RCP storm drain running through the project site. Provide legal descriptions and sketches as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. These shall be submitted to the Engineering Division for review and approval. (5) 4.11 In addition to the normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required shall be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 2004 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings shall be in AutoCAD "DWG" format (Le., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2004. Drawings created in AutoCAD Release 2000 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. Zoning Administrator Action 05-003 Design Review 04-030 Exhibit A March 21, 2005 Page 7 (5) 4.12 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State and Regional Water Quality Control Board rules and regulations. (5) 4.13 Project Recycling Requirement - The City of Tustin is required to comply with the recycling requirements contained in the California Integrated Waste Management Act of 1989. To facilitate City compliance with this law, the Project Applicant is required to comply with Section 4327 of the Tustin City Code which details requirements for developing and implementing a Waste Management Plan. (5) 4.14 Commercial and Multi-Family Recycling a. The Applicant, Property Owner and/or tenant(s) are required to participate in the City's recycling program. b. Prior to issuance of a building permit, a solid waste recycling plan identifying planned source separate and recycling programs shall be submitted and approved by the City of Tustin Public Works Department. (5) 4.15 Prior to final inspection, the project proponent shall place stop signs on the private project property at both sides of the drive aisle running parallel to Newport Avenue at the point where it intersects with the center driveway on Newport Avenue. OCFA (5) 5.1 Prior to the issuance of any building permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on site. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage including the height, stroke and colors of the lettering and its contrasting background. FEES (5) 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 schedule. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. Zoning Administrator Action 05-003 Design Review 04-030 Exhibit A March 21, 2005 Page 8 C. Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department shall be required at the time a building permit is issued. The current fee is $3.44 per square foot of the building. D. Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees shall be required at the time a building permit is issued. EXHIBIT B Legal Description J~l 14 2004 9:16AM Th~ Flo~d Compan~ ........,A.......... ..v.v" J~"1..4 "'.." 4~4', 1....rtJ,., c~.n_.lJ,vj.'Il./':u,.. 94n~501001 p.5 It!:IVViJ Order No. S768228 EXHIBIT B PARCEL 1: THE SOUTHWESTERLY 110.00 FEET OF THE NOFlTHEASTERl Y 312.00 FElET OF THE NORTHWEST HALF OF THE WEST QUARTER OF LOT 331. IN BLOCK 13 OF IRVINE'S SUBDIVISION, IN THe COUNTY OF ORANGE, STATE OF CALlFOF!.NIA, AS PER MAP RECORDED IN BOOK 1 PAGE 88 OF MISCEllANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE NORTHWESTERL Y 30.00 FEET THEREOF, PARCEL 2: THE SOUTHWESTERLY 63.90 FEET OF THE NORTHEASTERLY 375.00 FEET OF THE NORTHWE::ST HALF OF THE WEST QUARTER OF LOT 331, BLOCK 13 OF IRVINE'S SUBDIVISION, IN THE COUNTY OF ORANGE. STATE OF CALIFORNIA, AS PER MAP RECORDED IN Baal( 1 PAGE 88 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECOR'OER OF SAID COUNTY. EXCEPT THE NORTHWESTERLY 30.00 FEET THEREOF. PARCEL 3: THE.NORTHWEST HALF OF THE WEST QUARTER OF LOT 331 IN BLOCK 13 OF IRVINE'S SUBOIVISION, IN THE COUNTY Of ORANGE, STATE OF CAUFORNlA, AS PER MAP RECORDED IN SOOK 1 PAGE S8 OF MISCellANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECO~DER OF SAID COUNTY. . EXCEPT THE NORTHEASTERLY 375.00 FEET THEREOF. ALSO EXCEPT THE: NORTHWESTERLY 30.00 FEET THEREOF. ALSO EXCEPT THE SOUTHWESTERLY 33.00 FeET THEREOF. ALSO EXCEPT THAT PORTION THEREOF DESCRIBED AS FOllOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 331. WHICH IS ALSO THE INTERSECTION OF THE CEf\jTEA LINE OF NeWPORT AV!':NU.E AND IRV.INE BOULEVARD; THENCE 50"00'00" EAST 185.00 FEET ALONG THE SOUTHWESTERLY LINE OF SAID lOT 331; THENCE NORTH 39.58'00. EAT 80.00 Fl:ET; THENCE NORTH 6.01 '00" WEST 148.57 FEET; THENCE NORTH 600QO'OO"WEST 80.00 FEET, TO THE NORTHWESTERLY LINE OF SAID LOT 331; THENCE SOUTH 390 58'oon WEST ALONG SAID NORTHWESTERlY UNE OF SAID lOT 331. TO THE MOST WESTERLY CORNER OF SAID LOT 331 AND THE POINT OF BEGINNING. . I;XCEPTING THEREFROM THAT PORTION OF SAID LAND IN GRANT OeEO RECORDED JUNE 20, 2003 AS INSTRUMENT NO. 200300072fi887.0F OFFICIAL RECORDS. Assessor's Parcel No: 501-0B1-04