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HomeMy WebLinkAboutZA 95-009 / DR 93-036 27 28 ~ 1 ZONING ADMINISTRATOR ACTION 95-009 DESIGN REVIEW 93-036 2 MAY 15, 1995 3 The Zoning Administrator of the ci ty of Tustin does hereby resolve as follows: 4 I. The Zoning Administrator finds and determines as follows: 5 6 A. That a proper application, Design Review 93- 036, was filed by Robert Hakimianpour to authorize the installation of outdoor playground equipment at an existing restaurant located at 13421 Newport Avenue. 7 8 9 B. That the project is located within the Town Center Redevelopment area. Pursuant to City Code Section 9299(b) (3) (c), the Zoning Administrator has the authority to approve Design Review applications within the City's Redevelopment Areas. 10 11 12 c. 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: 13 14 15 16 17 18 1. Height, bulk and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Landscaping, parking area design and traffic circulation. 5. Location, height and standards of exterior illumination. 6. Location and appearance of equipment located outside of an enclosed structure. 7. Physical relationship of proposed structures to existing structures to existing adjacent uses. 8. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 9. Proposed signing. 10. Development Guidelines and criteria as adopted by the City Council. 19 20 21 22 23 24 25 26 28 Zoning Administrator Action 95-009 May 15, 1995 1 Page 2 2 D. That the proposed project is Categorically Exempt (Class 3) pursuant to the California Environmental Quality Act 1530~. 3 4 E. This 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 or has been 'conditioned to be consistent with the Air Quality Sub-Element. 5 6 7 II. The Zoning Administrator approves Design Review 93- 8 036 to authorize the installation of outdoor playground equipment at an existing restaurant 9 located at 13421 Newport Avenue, subject to the conditions contained in Exhibit A, attached hereto. 10 11 PASSED AND ADOPTED at a regular meeting of the Tustin Zoning Administrator, held on the 15th day of May, 1995. 12 13 14 SHINGLETON enistrator 15 /J A ~ /~ 'BARBARA REYES Recording Secretary 16 17 18 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 19 20 I, BARBARA REYES, 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. 95-009 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 15th day of May, 1995. 21 22 23 24 ~R~d~ 25 Recording Secretary 26 27 GENERAL ZONING ADMINISTRATOR ACTION 95-009 EXHIBIT A CONDITIONS OF APPROVAL DESIGN REVIEW 93-036 MAY 15, 1995 (1) 1.1 The proposed project shall substantially conform with the submitted plans dated stamped May 15, 1995 on file with the Community Development Department as herein modified or as modified by the Director of Community Development in accordance with this Exhibit. Minor modifications at working drawings submittal may be submitted for review and approval by the Director of Community Development if found to be in substantial conformance with the approved plans. (1) 1.2 Unless otherwise specified, the conditions contained in the Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Design review approval shall become null and void unless all building permits are issued within eighteen (18) months of the date of this Exhibit. (1) 1.4 The applicant/property owner shall sign and return an Agreement to Conditions Imposed form prior to issuance of building permits. (1) 1.5 The applicant/property owner shall hold harmless and defend the city of Tustin for all claims and liabilities arising out of the City's approval of the entitlement process for this project. (1) 1.6 All construction shall be in accordance with the 1991 UBC, applicable City Cqdes and the City's Security Code. ARCHITECTURE/USE RESTRICTIONS (4) 2.1 All colors and materials of the proposed fencing, gates and pilasters shall match the colors of the building and storefront. SOURCE CODES (1) STANDARD CONDITION (3) UNIFORM BUILDING CODE/S (5) RESPONSIBLE AGENCY (7) PC/CC POLICY *** EXCEPTION (2) CEQA MITIGATION (4) DESIGN REVIEW (6) LANDSCAPING GUIDELINES Exhibit A Design Review 93-036 Zoning Administrator Action 95-009 Page 2 (4) 2.2 No outdoor seating shall be permitted unless a separate condi tional use permit is approved pursuant to the current provisions of the Tustin City Code. (4) 2.3 The design of the proposed playground equipment shall meet the requirements of the United states Consumer Product Safety Commission. (4) 2.4 A sign stating that adult supervision is required shall be installed on the inside of the door that leads from the restaurant to the playground area. A sign which lists playground rules shall be placed on the inside of the playground fence. PLAN SUBMITTAL (1) 3.1 At plan check submit three (3) sets of construction plans and two (2) sets of structural calculations. Requirements of the Uniform Building Code shall be complied with as approved by the Building Official. No field changes shall be made without corrections submitted to and approved by the Community Development Department. (1) 3.2 Exit gates shall contain panic hardware and shall swing in the direction of exit travel per Section 3304 of the Uniform Building Code. FEES (1) 4.1 Payment of all Building plan check and permit fees shall be made prior to the issuance of any building permits in accordance with the Tustin City Code. Payment will be required based upon those rates in effect at the time of payment and are subject to change. (1) 4.2 within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38. 00 (thirty eight dollars) pursuant to AB 3158, Chapter 1706, Statutes of 1990, to enable the City to file the appropriate environmental documentation required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the approval for the project granted herein shall be considered automatically null and void.