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HomeMy WebLinkAboutCC RES 95-0641 2 3 4, 5I 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24. 25!, 26 27 28 RESOLUTION NO. 95-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING DESIGN REVIEW 95- 006, TO PERMIT A TEMPORARY OUTDOOR SALES AREA AND MODIFYING CONDITIONS OF APPROVAL FOR THE RETAIL BUSINESS LOCATED AT 2782 EL CAMINO REAL. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That proper application for Design Review 95-006 was filed on behalf of The Home Depot requesting approval of an outdoor sales area in front of The Home Depot store located at 2782 E1 Camino Real and to modify previously adopted conditions of approval. B. That on May 22, 1995, the Planning Commission conditionally approved Design Review 95-006 by adopting Resolution No. 3358. C. That an appeal of several conditions contained in Planning Commission Resolution No. 3358 was filed on behalf of The Home Depot. D. Pursuant to Section 9272 of the Tustin Municipal Code, the Council finds that the location, size, architectural features and general appearance of Design Review 95-006 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 Council has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site planning.. 3. Landscaping, parking area design and traffic circulation. 4. Location, height and standards of exterior illumination. 5. Location and method of refuse storage. 6. Physical relationship of proposed improvements to existing structures in the neighborhood. 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27'', 281 City Council Resolution No. 95-64 Page 2 7. Appearance and design relationship of proposed improvements to existing structures and possible future structures in the neighborhood and public thoroughfares. 8. Development Guidelines and criteria as adopted by the City Council. E. That this project has been determined to be a minor modification to an existing development and is therefore categorically exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. 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 or has been conditioned to be consistent with the Air Quality Sub-Element. G. That the proposed outdoor display of home improvement materials and garden supplies is consistent with the nature of the subject retail business. This type of merchandise (building materials and garden supplies) is typically stored and on display in an outdoor area. The outside display of home improvement merchandise is consistent with the design and operation of the business and will not establish a precedent for other non-garden retail outdoor sales areas within the center. H. The proposed outdoor display, as conditioned, will not have a negative impact on surrounding properties or uses. I. The display areas will be screened from view from public streets and will be placed directly adjacent to the building to minimize conflicts with pedestrian circulation. II. The City Council hereby approves Design Review 95-006 to permit a temporary outdoor sales area on the sidewalk for a limited time period in front of the store located at 2782 E1 Camino Real, subject to conditions contained in Exhibit A attached hereto and incorporated by reference. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2 8 II City Council Resolution No. 95-64 Page 3 PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 3rd day of July, 1995. JIM MAY r E. Wynn, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does 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. 95-64 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 3rd day of July, 1995, by the following vote: COUNCILMEMBER AYES: Potts, Worley, Doyle, Saltarelli, Thomas COUNCILMEMBER NOES : None COUNCILMEMBER ABSTAINED: UNCILMEMBER ABSENT: None • None y E. Wynn, City Clerk EXHIBIT A DESIGN REVIEW 95-006 CONDITIONS OF APPROVAL RESOLUTION NO. 95-64 GENERAL (i) 1.1 The proposed project shall substantially conform with the submitted plans for the project date- stamped July 3, 1995 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director may also approve minor modifications to the plans if such modifications are determined to be consistent with the approved plans. (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 Design Review approval shall become null and void unless all building permits are issued within eighteen (18) months of the date of this Exhibit and substantial construction is underway. (1) 1.4 The applicant and property owner shall sign and return an "Agreement to Conditions Imposed" form prior to issuance of building permits. In addition, a separate agreement shall be executed by the applicant, subject to City Attorney approval, acknowledging and accepting the requirements stated in Condition 3.4 below. (1) 1.5 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of the City's approval of the entitlement process for this project. -------------------------------------------------------------- SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Design Review 95-006 Conditions of Approval Page 2 PLAN SIIBMITTAL (3) 2.1 At building plan check the following shall be submitted: A. Final screen wall design details shall be consistent with the site plan, and shall be approved in writing by the property owner prior to submittal to the City. B. Final construction plans shall show the exact location of the existing garden area perimeter wall as well as existing landscaping and any landscaping proposed to be relocated. C. The screen wall shall be reduced in height to 48 inches from finish grade, and shall be designed to be compatible with the garden area perimeter wall. D. The screen wall shall be located so that there is a minimum clear distance of 48 inches provided on the sidewalk at the top of curb ramps for disabled access. E. A physical barrier shall be installed at the eastern edge of the display areas located under the building canopy, between the pillars, to prevent the merchandise from extending into the walkways. This barrier shall consist of temporary poles, approximately three feet in height, with a chain connecting from pole to pole. The plans shall indicate the design, and location of this barrier, which shall be reviewed and approved by the Community Development Department. F. The plans shall identify the type, design and location of pavement markings proposed to define the specific areas designated for outdoor displays. Exhibit A Design Review 95-006 Conditions of Approval Page 3 SITE CONDITIONS (4) 3.1 Outdoor displays are permitted daily only through September 4, 1995. Display areas shall be cleaned and free of dirt and debris on a daily basis. (4) 3.2 The outdoor display of merchandise shall be limited to the areas designated on the plans, and shall not exceed 990 square feet in size for the area under the canopy and behind the pillars, nor 1,600 square feet in size for the area in front of the garden center. The specific area permitted in front of the garden center shall be limited in location based on a field review with the Community Development Department and applicant subject to final review and approval of the specific location by the Community Development Department. (4) 3.3 There shall be no storage or display of any merchandise, products, plant materials or promotional activities beyond the limits defined on the approved plans. A note shall be added to the plans stating that outdoor storage and display is only permitted in designated areas. (4) 3.4 The Home Depot shall reimburse the City for all costs incurred by the City, including all reasonable attorney's fees, in enforcing the provisions of the subject Design Review. In the event there is a violation, the City may also require The Home Depot to post a cash bond in the amount of $10,000 to cover costs of enforcement. Prior to issuance of a building permit, The Home Depot shall sign a separate agreement evidencing its consent to this condition. (4) 3.5 The temporary outdoor display of merchandise is permitted with the understanding that the property owner will actively, diligently and expeditiously construct the necessary improvements to West Drive and adjacent areas to satisfy the requirements of Planning Commission Resolution No. 3174, or as may be modified by the Planning Commission. Such Exhibit A Design Review 95-006 Conditions of Approval Page 4 improvements shall be completed on or before September 4, 1995. Approval of Design Review 95- 006 shall become null and void on September 4, 1995 and all outdoor display of merchandise shall immediately terminate. After September 4, 1995, the applicant may request additional time for the outdoor display of merchandise, for review by the Planning Commission. No additional application fees will be required for subsequent design review of outdoor display of merchandise for The Home Depot. FEES (6) 4.1 Prior to issuance of any permits, the applicant shall pay all applicable building plan check and permit fees to the Community Development Department. Payment will be required based upon the rate in effect at the time of permit issuance and are subject to change.