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HomeMy WebLinkAboutZA 99-005/DR 99-015 2 ZONING ADMINISTRATOR ACTION 99-005 DESIGN REVIEW 99-015 3 4 The Zoning Administrator of the City of Tustin does hereby resolve as follows: 5 I. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 The Zoning Administrator finds and determines as follows: A. That a proper application for Design Review 99-015 was filed by Audrey Heredia requesting authorization to remove eight (8) existing on-site parking spaces and install a gazebo structure at the rear of the property located at 335 South C Street. B. 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. 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: 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. Physical relationship of proposed structures to existing structures in the neighborhood. 7. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 8. Development Guidelines and criteria as adopted by the City Council. D. That the elimination of eight (8) on-site parking spaces would enhance the pedestrian orientation of the project site and the area. E. That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). F. That 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. 2 Zoning Administrator Action 99-005 June 21, 1999 Page 2 3 II. The Zoning Administrator hereby approves Design Review No. 99-015 authorizing removal of eight (8) existing on-site parking spaces and installation of a gazebo structure at the rear of 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. 4 5 6 7 8 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 21st day of June, 1999. 9 ]0 a~4/?~ ELIZABETH A. BINSACK Zoning Administrator II 12 13 ~A~/ 14 Recording Secretary 15 STATE OF CALIFORNIA) 16 COUNTY OF ORANGE ) CITY OF TUSTIN ) 17 18 I, KATHY MARTIN, 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. 99-005 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 21 st day of June, 1999. 19 20 21 9(~ ma-J~ I 22 KA~ARTIN 23 Recording Secretary 24 25 26 27 28 29 EXHIBIT A ZONING ADMINISTRATOR ACTION 99-005 CONDITIONS OF APPROVAL DESIGN REVIEW 99-015 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped June 21, 1999, 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 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 99-015 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (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. PLAN SUBMITTAL (3) 2.1 At building plan check, submit four (4) sets of construction plans. The construction plans shall include a dimensioned site plan showing all existing and proposed improvements. The construction plans shall also include SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW (5) (6) (7) ... RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION ZA Action 99-005 Desi9n Review 99-015 June 21, 1999 Page 2 (1 ) *** specifications and materials call-outs on all elevations with applicable details and notes added. No field changes shall be made without corrections submitted to and approved by the Community Development Department. 2.2 At the time of building permit application, the plans shall comply with the most currently adopted Uniform Building Code, other related codes, City Ordinances, and State and Federal laws and regulations. 2.3 A disabled parking and loading space with sufficient turning radius to return to "C" Street shall be provided and illustrated on the construction plans subject to approval by the Community Development and Public Works Departments. The parking stall shall be a minimum of eighteen (18) feet in length and (9) feet in width; the van accessible loading space shall be a minimum of eight (8) feet in width and eighteen (18) feet in length with striping and ramp. Disabled persons shall be able to park and access the building without passing behind another car or traveling along the public right-of-way. (4) 2.4 A color and material sample of the proposed roofing material shall be submitted for review and approval subject to final approval of the Community Development Department. USE RESTRICTIONS *** (1 ) (1 ) 3.1 Upon approval by the City Council and prior to removal of on-site parking spaces, the applicant shall execute an agreement with the Tustin Redevelopment Agency to lease eight (8) parking spaces in the Downtown Parking Structure in lieu of providing on-site parking. 3.2 Within one (1) year of the date of this approval, the applicant shall obtain entitlements for and begin construction of the Phase II improvements including the building expansion and secondary retail building or the gazebo shall be removed and eight (8) on-site parking spaces shall be restored and the one (1) disabled parking space shall be relocated to the rear of the site. 3.3 No permanent retail activities or restaurant seating shall be conducted or provided in the gazebo or rear garden area unless required entitlements have been obtained. ZA Action 99-005 Design Review 99-015 June 21, 1999 Page 3 (1) 3.4 Phase II improvements such as additional retail area or outdoor restaurant seating may be subject to approval of Design Review, Conditional Use Permit, and/or amended Downtown Parking Structure Lease Agreement as determined by the Community Development Department and Community Redevelopment Agency. (1) 3.5 No outdoor storage is permitted during construction except as approved by the Tustin Community Development Director. (1) 3.6 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. FEES (1) 4.1 Prior to issuance of any building permits, payment shall be made of Orange County Fire Authority plan-check and inspection fees to the Community Development Department based upon the most current schedule. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. (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 $38.00 (thirty eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty eight (48) hours 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 June 21,1999 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 proposed project includes removal of existing on-site parking and installation of a gazebo at the rear of the structure which is identified as an "A" rated example of the Queen Anne style by the Tustin Historical Resources Survey. The Community Development Department finds and determines as follows: A. The proposed work will conform to the Municipal Code and TCC Section 8103(m) in that the proposed work will require issuance of a building permit and site inspections. B. The proposed work does not adversely affect the character of the District or Designated Cultural Resources within the District in that the proposed gazebo structure is a Queen Anne style and the proposed materials are consistent with the existing building. C. The proposed work is harmonious with existing surroundings in that the site modifications complement the character and scale of the existing building and surrounding properties. D. In accordance with Section 9252Q)(3)(b) and (c), the Community Redevelopment Agency recommends that on-site parking requirements be waived provided the applicant executes a long-term lease for off-site parking within the Downtown Parking Structure. The removal of on-site parking will enhance the pedestrian orientation of the site and the Old Town Tustin area. a~~?;;;AAM'-4~ Elizabeth A. BinsacK Community Development Director