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HomeMy WebLinkAboutCC RES 09-61RESOLUTION NO. 09-61 A RESOLUTION OF THE CITY OF TUSTIN CITY COUNCIL RECOMMENDING THAT THE CITY COUNCIL APPROVING DESIGN REVIEW 09-004 FOR THE CONSTRUCTION OF AN EXPRESS CARWASH FOR THE PROPERTY LOCATED AT 3017 EDINGER AVENUE. The City Council of the City of Tustin does hereby resolve as follows: A. That a proper application for the property located at 3017 Edinger Avenue was filed by Tustin Field Gas & Food for Design Review 09-004 to construct an express carwash in conjunction with an existing service station and food mart. B. That the proposed project is consistent with the Tustin General Plan in that the project site is designated as Planned Community Commercial/Business and zoned as Planned Community Industrial. The project site is also part of the larger Jamboree Plaza and subject to the Jamboree Plaza Planned Community District Regulations. 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. C. That a public hearing was duly called, noticed, and held on said application on August 25, 2009 before the Planning Commission, and continued to the September 22, 2009 Planning Commission meeting. On September 22, 2009, the Planning Commission adopted Resolution No. 4126, recommending that the City Council adopt findings that Code Amendment 09-003 and Design Review 09-004 are within the scope of the previously approved Negative Declarations for Jamboree Plaza and recommending that the City Council approve Code Amendment 09-003 and Design Review 09-004. D. That a public hearing was duly called, noticed, and held on said application on the 20th day of October, 2009, by the City Council. E. That Design Review 09-004 is considered a "project" pursuant to the terms of the California Environmental Quality Act. On October 20, 2009, the Tustin City Council adopted Resolution No. 09-60 finding that Code Amendment 09-003 and Design Review 09-004 are within the scope of previously approved Negative Declarations for Jamboree Plaza. F. That the project applicant submitted a document signed by twenty-four (24) of the business owners within Jamboree Plaza in support of the proposed project. G. That the project applicant provided a parking survey of the project site identifying parking usage during atwenty-one (21) day period which indicated that the proposed project would not pose any parking shortage at the site. Resolution 09-61 Page 1 of 10 H. That on November 17, 1997 the City Council of Tustin adopted Ordinance No. 1191, approving Zone Change 97-002 to amend sections of the Jamboree Plaza Planned Community District Regulations and modify the Planning Area boundaries within Jamboree Plaza. This approved the current site plan for Jamboree Plaza. Prior actions by the City have allowed an eighteen (18) foot building setback to occur along the Edinger Avenue street frontage within Jamboree Plaza. Code Amendment 09-003 proposes a building setback of fifteen (15) feet from the Edinger Avenue right-of-way. The proposed carwash would not significantly alter the building lines or visual streetscape along Edinger Avenue since the proposed carwash would be constructed in-line with other buildings in Jamboree Plaza along Edinger Avenue. That there was a prior use of adrive-through lane on the property which has since been abandoned. The proposed express carwash would reestablish the abandoned drive-through lane on the property. K. That the Jamboree Plaza Planned Community District Regulations allow carwashes within Planning Area A (project site) as principal uses permitted by right. L. That the location, size, architectural features, and general appearance of the new express carwash (DR 09-004) 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 City Council has considered at least the following items: 1. Height, bulk, and area of proposed structure. 2. Setbacks and site planning. 3. Exterior material and colors. 4. Landscaping and parking area design and traffic circulation. 5. Location and appearance of equipment located outside of an enclosed structure. 6. Physical relationship of proposed structure to existing structures. 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. II. The City Council hereby approves Design Review 09-004 to construct and operate an express carwash in conjunction with an existing service station and food mart located at 3017 Edinger Avenue subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 20th day of October 2009. Resolution 09-61 Page 2 of 10 Resolution No. 09-61 Page 3 II. The City Council hereby approves Design Review 09-004 to construct and operate an express carwash in conjunction with an existing service station and food mart located at 3017 Edinger Avenue subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 20t" day of October, 2009. .- ~;~ ~~~.. ~, DOUG DA T MAYOR `;-;r P MELA STOKER_ CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 09-61 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 20t" day of October, 2009 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER `~..__. CITY CLERK EXHIBIT A RESOLUTION NO. 09-61 DESIGN REVIEW 09-004 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 20, 2009, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 Unless otherwise specified, the conditions contained in this 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 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within eighteen (18) months of the date of this Exhibit. If the applicant does not submit plans and obtain permits in a timely manner, the Community Development Department may revoke this design review approval. Time extensions may be considered 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 09-004 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 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2j CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) CALIFORNIA BUILDING CODES (7) PC/CC POLICY (4) DESIGN REVIEW ''"'' EXCEPTIONS Exhibit A Resolution 09-61 Page 2 (1) 1.6 As a condition of approval of Design Review 09-004, 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. (1) 1.7 Approval of Design Review 09-004 is contingent upon the City of Tustin City Council adopting Ordinance No. 1370, approving Code Amendment 09-003. This Resolution and Design Review 09-004 shall become null and void if Ordinance No. 1370 is not adopted. PLAN SUBMITTAL (4) 2.1 All colors, materials, and features of the proposed express carwash shall be installed and maintained as shown on the approved plans. No changes to the exterior building colors, materials, textures, or features shall be permitted unless approved by the Community Development Director. (4) 2.2 The applicant shall make all reasonable efforts to save the existing trees on- site. Any trees that would need to be removed as a result of the proposed project shall be relocated or replaced on-site with a minimum forty-eight inch (48") box sized tree. Adequate layering of landscaping to screen the proposed carwash structure shall be in the form of trees, shrubs and ground cover and shall be subject to the review and approval of the Community Development Department. (1) 2.3 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: a. A summary table identifying plant materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. b. Planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. c. All property lines on the landscaping and irrigation plans, public right- of-way areas, sidewalk widths, parkway areas, and wall locations. Exhibit A Resolution 09-61 Page 3 d. A note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. e. Fences, wall, and equipment areas shall be screened with plant materials. f. A note to indicate that all plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. (1) 2.4 All landscaping shall be installed prior to issuance of a Certificate of Occupancy or final inspection and shall be maintained in good condition at all times. (1) 2.5 All utilities shall be located underground. (1) 2.6 All exposed metal flashing or trim shall be painted to match the building. (1) 2.7 No exterior down spouts or roof scuppers shall be permitted. All roof drains shall utilize interior piping, but may have exterior outlets at the base of buildings. Drainage shall be oriented to not spill onto the public right-of- way. (1) 2.8 All wall- and ground-mounted mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. (1) 2.9 A six (6) inch raised concrete continuous curb shall be installed around parking lot landscaping areas. (1) 2.10 All lighting shall be designed and located to confine direct rays and glare to the boundaries of the project. No lighting shall blink, flash, move, or be of unusually high intensity or brightness. Security lighting shall be provided as required per the Uniform Security Code. (1) 2.11 The project shall provide the fifteen (15) parking stalls required for the existing service station and food mart. Pursuant to the Third Amendment to Declaration of Reciprocal Easements, Covenants, Conditions, and Restrictions for Jamboree Plaza the users of Phase I (includes 3017 Edinger Avenue) have the exclusive right to park in thirteen (13) spaces within the common parking lot of Jamboree Plaza. Prior to building permit issuance, the applicant shall provide written evidence from the Jamboree Plaza Exhibit A Resolution 09-61 Page 4 Association approving the project and allowing the exclusive right of the necessary off-site parking for the project. (1) 2.12 The noise levels resulting from the express carwash shall not exceed the standards of the City of Tustin Noise Ordinance. Outside address speakers, telephone bells, buzzers, and other similar devices, which are audible from adjoining properties, shall be prohibited. (1) 2.13 Hours of operation of the proposed express carwash shall be subject to the review and approval of the Community Development Director. (7) 2.14 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicants prepare a parking demand analysis, traffic study, or noise analysis and the applicants shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicants shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a. Adjust hours of operation. b. Reconfigure access to the site. c. Adjust queuing for the express carwash. d. Provide additional parking. e. Provide noise attenuation measures. BUILDING DIVISION (1) 3.1 At the time of building permit application, the plans shall comply with the latest State and the City Tustin adopted Codes: 2007 California Building Code (CBC), 2007 California Mechanical Code (CMC), 2007 California Plumbing Codes (CPC), 2007 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2007 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. At the time of plan submittal provide: • Four (4) set of plans including building, electrical, mechanical, and plumbing plans. • Two sets of structural calculations. • Two sets of geotechnical reports. • Two sets of Title 24 Energy calculations Exhibit A Resolution 09-61 Page 5 (1) 3.2 A note shall be provided on the final plans stating 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) 3.3 Vehicle parking, primary entrance (s) to the site and building, the primary paths of travel building entrance, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities and shall be shown on the plans. Truncated domes will be required at locations specified in section 113368.5 and 1127B.5 (7) of the 2007 CBC. (1) 3.4 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 building. 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) 3.5 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. PUBLIC WORKS DEPARTMENT (1) 4.1 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. (1) 4.2 Prior to issuance of any permit, the applicant shall provide written approval from the Irvine Ranch Water District for the project. (1) 4.3 Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. (1) 4.4 Prior to issuance of a Grading Permit, a final grading plan, prepared by a California Registered Civil Engineer, shall be submitted and approved. The plan shall be consistent with the approved site and landscaping plans. (1) 4.5 Prior to issuance of a Grading Permit, a grading bond (on a form acceptable to the City) will be required. The engineer's estimate, which covers the cost of all work shown on the grading plan, including grading, drainage, water, sewer and erosion control, shall be submitted to the City for approval. Exhibit A Resolution 09-61 Page 6 (1) 4.6 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Priority Water Quality Management Plan (WQMP) as described in the City of Tustin's Guidance for Preparing Project WQMPs. The applicant shall submit a deposit of $2,700.00 to the Public Works Department for the estimated cost for reviewing the WQMP. (1) 4.7 Prior to issuance of any permits, the property owner(s) shall record a Covenant and Agreement Regarding 0 & M Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification with the County Clerk Recorder. This Covenant and Agreement binds current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. (1) 4.8 Construction and Demolition Waste Recycling and Reduction Plan {WRRP). a. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50 percent of the project waste material. b. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed five percent of the project's valuation. c. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin." ORANGE COUNTY FIRE AUTHORITY (1) 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 applicant may contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." (1) 5.2 Prior to the issuance of a building permit or any approvals, the applicant shall submit to the Fire Chief a list of all hazardous, flammable and combustible liquids, solids or gases to be stored, used or handled on site. These materials shall be classified according to the Uniform Fire Code and a document submitted to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. The applicant may Exhibit A Resolution 09-61 Page 7 contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guideline for Completing Chemical Classification Packets." FEES (1) 6.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building Plan Check and Permit Fees • Grading Plan Check and Permit Fees • Encroachment Permit Fees • Transportation System Improvement Program Fees • School Fees • Orange County Fire Authority Fees (1) 6.2 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of fifty dollars ($50.00) 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.