Loading...
HomeMy WebLinkAboutPC RES 3684RESOLUTION NO. 3684 ]0 ]6 ]7 20 22 23 24 25 26 27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 99- 013 AND DESIGN REVIEW 99-019 AUTHORIZING THE EXPANSION OF A SUPERMARKET INTO 3,200 SQUARE FEET OF ADJACENT TENANT BAYS, THE CONSTRUCTION OF AN 8,400 SQUARE FOOT ADDITION TO THE REAR OF THE BUILDING, AND THE ESTABLISHMENT OF A SHARED PARKING AGREEMENT FOR THE VONS STORE LOCATED WITHIN THE LARWIN SQUARE SHOPPING CENTER AT 550 EAST FIRST STREET. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 99-013 and Design Review 99-019 was filed by Jeff Herbst of MCA Architects on behalf of the property owners to request authorization for the expansion of.an existing supermarket located within the Larwin Square Shopping Center at 550 East First Street, more specifically described as Assessor's Parcel Nos. 401-601-01 through 401-601- 03 and 401-601-05 through 401-601-09. B. That the proposed use is allowed within the Commercial - Primary Land Use Designation within the First Street Specific Plan (FSSP), with the approval of a Conditional Use Permit (FSSP - Section Ill(F)). Co Do That a public hearing was duly called, noticed and held. on said application on July 12, 1999 by the Planning Commission. That the establishment, maintenance and operation of the uses applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: 1) The proposed uses are consistent with the City of Tustin General Plan and the First Street Specific Plan. 2) On-site parking concems would be mitigated through the implementation of the improvements identified in the applicant's parking study and recommended by the City's Traffic Engineer. 3) As conditioned, the emergency access would satisfy the requirements of the Orange County Fire Authority. ]0 ]4 l? :20 2.4 25 29 Resolution No. 3684 Page 2 Fo Go E. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 99-019, as conditioned, 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 Commission 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. . Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. . Location and appearance of equipment located outside of an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. A Negative Declaration has been prepared and certified for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). 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. ]4 20 2! "3 "'5 :29 Resolution No. 3684 Page 3 H. That the project has been reviewed for compliance with the Americans with Disabilities Act of 1990 and it has been determined that dedications of right-of-way at the drive apron and all radius type driveways are necessary for compliance with the requirements of ADA. II. The Planning Commission hereby approves Conditional Use Permit 99-013 and Design Review 99-019, authorizing the construction of an 8,200 square foot addition to, and the further expansion of an existing Vons supermarket into 3,200 square feet of vacant tenant bays located at 550 East First Street and the establishment of a shared parking agreement, is approved subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 12th day of July, 1999. Planning Commission Secretary ESLIE A. PONTIOUS Chairperson STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3684 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of July, 1999. ELIZABETH A. 131NSACK Planning Commission Secretary GENERAL EXHIBIT A CUP 99-013 AND DR 99-019 550 EAST FIRST STREET CONDITIONS OF APPROVAL RESOLUTION NO. 3684 (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped July 12, 1999 on file with the Community Development Department, as herein modified, or unless otherwise indicated, 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. (li 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. 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 CUP 99-019 and DR 99-019 is contingent upon the applicant and property owners signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. (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 SUBMI'I-I'AL (1) 2.1 At building plan check, submit four (4) sets of construction plans, two (2) sets of structural calculations and Title 24 energy calculations prepared by a licensed engineer/architect. No field changes shall be made without corrections submitted to and approved by the Community Development Department. (1) 2.2 Indicate on the title sheet compliance with the following codes, City, state and federal laws and regulations to include: · 1997 Uniform Building Code with California Amendments · 1997 Uniform Mechanical and Plumbing Codes with California Amendments · 1996 National Electrical Code with California Amendments · City of Tustin Grading and Secudty Ordinance · City of Tustin Landscaping and Irrigation Guidelines · · City of Tustin Private Improvements Standards SOURCE CODES (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) ($) (7) RESPONSIBLE AGENCY EQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3684 Page 2 (5) 2.3 Prior to permit issuance, clearances from the Orange County Health Department are required. (3) 2.4 Vehicle parking, primary entrance to the building, primary paths of travel, cashier space, sanitary facilities, drinking fountains and public telephones shall be accessible to persons with disabilities. (1) 2.5 Specifications at Building Permit plan check submittal shall reflect materials call- outs on all elevations with applicable details and notes added. (2)(6) 2.6 Within thirty (30) days from the date of project approval, the Owner shall submit a complete and accurate restriping plan for the parking areas, subject to approval by the Community Development Department. Said improvements shall be installed within ninety (90) days from the date of project approval. Said plan shall be fully dimensioned, include a table summarizing the number of spaces within the parking area and their allocation to the individual tenant spaces within the center, and incorporate landscaping in conformance with the City of Tustin Landscape and Irrigation Guidelines. (1) 2.7 The applicant shall enter into a shared access/parking agreement with all property owners within the center. (5) 2.8 Prior to permit issuance, clearance from the Orange County Health Department is required. (2) 2.9 The parking demand analysis shall be modified to incorporate the following corrections: · Page 1 - Verify whether the amount of expansion is 8,200 SF or 8,400 SF and revise the study accordingly. · Page 2 - It is indicated that a 10 percent overage is recommended with regards to larger commercial parking centers. Identify the source of this recommendation. · Page 3 - It is indicated that at 3.24 spaces per 1,000 SF the 187,685 SF shopping center needs 607 spaces~ The calculation equals 608-spaces. Please correct the data throughout the study. · Topo/Boundar}, Maps - Based on these, there are discrepancies between the parking spaces provided in Areas A, H, and I on the maps and noted in the parking study. Verify the methods for calculating the spaces in each area and revise the study as necessary. · Page 5 - The study notes problems with traffic operation at the signalized intersection of Newport Avenue. Please identify the problem(s) and when they will be addressed. Further, a plan has been submitted reconfiguring the parking area. Identify whether this plan would address these problem(s). · Revised Parkin~l Layout - Provide additional information as to the characteristics of the revised layout, regarding number of stalls, dimensions, etc. Further, the revised layout indicates 18 parking stalls accessing directly into the main drive aisle. This has the potential to cause additional congestion and confusion to the on-site circulation. Please revise the study to incorporate a study of these proposed changes. Exhibit A Resolution No. 3684 Page 3 SIGNS (4) 3.1 Prior to issuance of a Certificate of Occupancy, complete sign plans shall be Submitted which address all proposed wall, directional, and address signs. The sign plans shall include dimensions, materials, colors, and method of illumination. All new signage shall conform to the Larwin Square Master Sign Program. SITE AND BUILDING CONDITIONS (4) 4.1 Provide exact details for exterior doors and window types on construction plans. (2)(5) 4.2 All cooking and exhaust equipment shall utilize Best Available Control Techniques in accordance with Air Quality Management District standards to minimize smoke, odor and particulate emissions. (4) 4.3 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall either blend with the architectural design of the building or be integrated into the landscape design (1) 4.4 All final colors and materials to be used shall be subject to review and approval by the Community Development Department. All extedor treatments shall be coordinated with regard to color, materials and detailing and clearly noted on submitted construction plans and elevations. (4) 4.5 Provide plans and details of all proposed lighting fixtures and a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures. The fixtures, proposed shall be modified to be decorative in design and consistent with the architecture of the building. Wall mounted fixtures shall be directed at a 90 degree angle directly downward. Parking area lights shall project light directly downward. All lighting shall be developed to provide a minimum of one (1) footcandle of light coverage, in accordance with the City's Security Code. (4) 4.6 All exposed metal flashing or trim shall be painted to match the building. (1) 4.7 Note on final plans that a six-foot-high chain link fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 4.8 Exterior elevations of the building shall indicate any fixtures or equipment to be located on the roof or exterior of the building, and the associated equipment heights and dimensions. The building parapet shall be an integral part of the building design, and shall screen all roof mounted equipment. All roof-mounted equipment and vents shall be a minimum of six inches below the top of the parapet. All exterior equipment, including gas and electric meters, shall either be enclosed within the building or boxed behind a'screen wall designed to be consistent with the main building. (4) 4.9 Any shopping carts not stored within the building shall be concealed behind screen walls designed to be complementary to the main building. Said walls and storage areas shall not hinder or block any paths of travel. Exhibit A Resolution No. 3684 Page 4 (4) 4.10 No new exterior downspouts shall be permitted; all new construction regarding roof drainage shall utilize interior piping, but may have exterior outlets at base of building. (4) 4.11 Roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. (4) 4.12 The applicant shall provide trash enclosures for the site. The size, location and configuration of the trash enclosures and landscaping shall be subject to the approval of the Community Development Department. (4) 4.13 The addition to the rear of the building shall be configured so as to provide adequate access for emergency vehicles in conformance with the Orange County Fire Authodty's General Guidelines for Emergency Access. (4) 4.14 Drive aisle marking/striping shall identify the emergency access and fire lanes around the building. (1) 4.15 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. NOISE (5) 5.1 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. (5) 5.2 Construction hours shall be cleady posted on the project site to the satisfaction of the Building Official. (5) 5.3 All equipment and operational activities shall comply with the sound level restrictions contained in the City of Tustin Noise Ordinance. FIRE AUTHORITY (5) 6.1 Obtain written approval from the Fire Chief of all fire protection easements and submit to the Community Development Department in conjunction with the next submittal. Fire protection easements shall be dedicated to the County/City. The approval of the Fire Chief is required for any modifications such as speed bumps, control gates or other changes within said easement(s). Roadways must extend to within 150 feet of all portions of the exterior of any structure and must meet specified criteria such as width, pavement characteristics, roadway gradient, turning radius, etc. 6.2 Obtain written approval from the Fire Chief for street improvement plans with fire lanes shown and submit to the Community Development Department in conjunction with the next submittal. The plans shall comply with the OCFA General Guidelines for Emergency Access, and indicate the locations of red Exhibit A Resolution No. 3684 Page 5 curbing and signage. A drawing'of the proposed sign~ge with the height, stroke and color of lettering, and the contrasting background color shall be submitted to and approved by the Fire Chief. (5) 6.3 Prior to the issuance of a certificate of use and occupancy, the approved fire lane- marking plan shall be installed. The plans shall include a fire lane map and provisions prohibiting parking in the fire lanes. A method of enforcement shall be included. (5) 6.4 Prior to the issuance of any building permits, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to the issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner approved by the Fire Chief. (5) 6.5 Prior to the issuance of a building permit, the applicant shall submit plans for the review and approval of the Fire Chief. The applicant shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744-0403 for the Fire Safety/Architectural Notes to be placed on the plans. (5) 6.6. Prior to installation, plans for an approved fire-suppression system for the protection of commercial-type cooking equipment shall be submitted to the Fire Chief for review and approval. USE RESTRICTIONS (1) 7.1 The owners shall be responsible for the daily maintenance and up-keep of the facility, including but not limited to trash removal, painting, graffiti removal and maintenance of improvements to ensure that the facilities are maintained in a neat and attractive manner. All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structures and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. All future tenants within Larwin Square shall calculate their required parking at the applicable Tustin City Code and/or First Street Specific Plan parking ratio, based on type of use. The 137 surplus spaces identified by the Kunzman Associates parking study dated June 1, 1999, and to be revised in accordance with Condtion 2.9, shall be allocated to new tenants. The surplus parking is calculated as the difference between the provided parking (887 stalls) and the peak parking demand plus new tenants occupying the 18,800 square feet of currently vacant floor area plus the Vons addition (740 total stalls). FEES (1) (5) 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. Exhibit A Resolution No. 3684 Page 6 Ao Building plan check and permit fees to the Community Development Department based on the most current schedule. B. Sewer connection fees to the Orange County Sanitation District. The current fee is $472 per 1,000 square feet of new floor area. Co Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department at the time a building permit is issued. The current fee is $3.09 per square foot of new construction. D. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. Eo Transportation System Improvement Program (TSIP), Benefit Area "A" fees in the amount of $5.53 per square foot of new building area. (l) 8.2 (5) 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) 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.