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HomeMy WebLinkAboutPC RES 3664RESOLUTION NO. 3664 '6 '7 _'0 _-$ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 98-007 DESIGN REVIEW 98-007 AUTHORIZING A DRIVE-THROUGH OIL CHANGE FACILITY AT 12972 NEWPORT AVENUE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: Ao That a proper application for Conditional Use Permit 98-007 and Design Review 98-007 was filed by EZ Lube to request authorization to construct a 1,541 square foot drive-through oil change facility with two work bays and indoor/outdoorwaiting areas on the property located at 12972 Newport Avenue, also described as Assessor's Parcel No. 501-081-05. S. That the proposed use is allowed within the Retail Commercial District (C-1), with the approval of a Conditional Use Permit (TCC Section 9232). Co That a public hearing was duly called, noticed and held on said application and denied by the Planning Commission on October 26, 1998. The Planning Commission's decision was appealed to the City Council by the applicant on November 2, 1998. A public hearing was duly called, noticed and held on December 7, 1998 and January 19, 1999 by the City Council and remanded to the Planning Commission for review of revised plans. Do That a public hearing was duly called, noticed and held on said application on February 22, March 22, and April 12, 1999, by the Planning Commission. E. 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 finding that, the proposed project, as conditioned, will not be injurious, detrimental to, or have a negative effect on surrounding properties in that: . The proposed project complements and provides a support service to existing or future uses allowed by the Zoning Code; 2. The scale, massing, and design of proposed structures is appropriate for the area; ;0 20 "7 £$ Resolution No. 3664 CUP98-007 & DR98-007 Page 2 . As conditioned, the proposed site plan provides for sufficient vehicle ingress, egress, on-site maneuvering and parking; and, o There will be no on-site or off-site traffic impacts and no effect on the existing and planned level of service for adjacent arterials and intersections. Payment of Transportation System Improvement Program fees will be used to mitigate cumulative impacts on the transportation system. 5. The proposed landscaping will partially screen the view of the two service bays from the public right-of-way. Fo Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 98-007, 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. o 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. ]4 20 2! 25 27 Resolution No. 3664 CUP98-007 & DR98-007 Page 3 Go H. 12. 13. 14. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares, i Proposed signage. ,, Development Guidelines and criteria as adopted by; the City Council. ' A Negative Declaration has been prepared for this p¢oject in accordance with the provisions of the California Environmental Quality Act (CEQA) for final consideration by the City Coun(~il. / That the project has been reviewed for consistency withI the Air Quality Sub-element of the City of Tustin General Plan ~nd has been determined to be consistent with the Air Quality Sub-element. II. The Planning Commission hereby recommends that the City Council approve Conditional Use Permit 98-007 and Design Review 98-007 to authorize construction of a 1,541 square foot drive-through oil change facility with two work bays and indoor/outdoorwaiting areas on the property located at 12972 Newport Avenue, 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 April, 1999. ~/ES~ I~ONTIOUS ELIZABETH A. BINSACK Planning Commission Secretary 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. 3664 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of April, 1999. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBITA CONDITIONAL USE PERMIT (CUP) 98-007 AND DESIGN REVIEW (DR) 98-007 CONDITIONS OF APPROVAL RESOLUTION NO. 3664 GENERAL (1) (1) 1.1 1,2 The proposed project shall substantially conform with the submitted plans for the project date stamped April 12, 1999 on file with the Commun;ity Development Department, as herein modified, or unless otherwise indicated, as modified by the Community Development Director in accordance with this Exhi$it. The Director may also approve subsequent minor modifications to plans dun~ng plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. '. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for th~ 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. 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 98-007 and DR 98-007 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. (1) 1.6 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action. PLAN SUBMITTAL (1) 2.1 When submitting for a building permit, submit four sets of plans, two sets of soils reports, structural and energy calculations, specifications and acoustical report. Electrical, mechanical and plumbing plans shall be included. (1) 2.2 Indicate on the title sheet the applicable codes, City Ordinances and the State and federal laws and regulations to include: SOURCECODES (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY EQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A - Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. 2 (1) 2.3 (1) 2.4 (1) 2.5 (1) 2.6 (1) 2.7 (1) 2.8 (1) 2.9 (1) 2.10 (1) 2.11 1994 Uniform Building Co~le with California Amendments 1994 Uniform Mechanical ~Code with California Amendments 1994 Uniform Plumbing C~de with California Amendments 1993 National Electrical C~de with California Amendments T-24 California Disabled ,~ccess Regulations T-24 California Energy Efficiency Standards City of Tustin Grading Ordinance City of'Tustin Landscape And Irrigation Guidelines City of Tustin Private Imprpvement Standards City of Tustin Security Ordinance I Indicate on the plans the fire protection rating of exterior walls and openings or where openings are not allowed per Table 5-A of the UBC. All grading, drainage, vegetation and circulation shall comply with the City of Tustin Grading Manual. All construction activity shall comply with the Tustin Grading Manual which requires frequent watering of the project site to control dust. All street sections, curbs, gutters, sidewalks, lighting and storm drain shall comply with on-site improvement standards. Any deviations shall be brought to the attention of the Building Official and request for approval shall be submitted in writing prior to any approval. Complete 'the hazardous material questionnaire and the air quality questionnaire and submit to the Building Division and the proper agencies. If the answer to any of the questions is "yes", clearances 'from the Hazardous Materials Disclosure Office and the South Coast Air Quality Management Distdct shall be submitted to the Building Division prior to approval. Provide complete details for accessible paths of travel throughout the site, including pedestrian circulation from public right of way to the buildings and throughout the new structures including cashier counter and office space. Exterior walls within twenty (20) feet of property lines shall be one-hour fire rated and require a minimum of 30" high parapet in accordance with Uniform Building Code Section 709.4 and Table 5A. Trash enclosures shall comply with Great Western Reclamation and City of Tustin standards. Separate trash enclosures are required for each parcel. All parapets shall be at least six inches (6") above any roof mounted equipment, vents, and exhausts. The windows located in the service bay doors shall be tinted to obscure the view into the building. · No exterior downspouts shall be permitted on any facade of the building which are visible from adjacent streets or residential/commercial areas. Exhibit A - Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. 3 (1) 2.12 (1) 2.13 (1) 2.14 (1) 2.15 (1) 2.16 (1) 2.17 (1) 2.18 (2) 2.19 (2) 2.20 (2) 2.21 Roof scuppers;shall be installed with a special lip device so that overflow drainage will not stain the walls. Enclosure of eiectric and gas meters must be compatible with the building treatment. All exposed metal flashing or trim shall be anodized or painted compatible with main buildings. The site shall be landscaped consistent with the City's Landscaping and Irrigation Guidelines. Landscaping shall consist of a combination of berming and sufficient numbers of shrubs and trees to provide adequate screening, subject to the satisfaction Of the Community Development Director. The applicant shall provide details of all proposed lighting fixtures and a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Parking lot and wall mounted fixtures shall be directed at a 90 degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) footcandle of light coverage, in accordance with the City's Security Code. 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 Community Development Director and/or Building Official. Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. All construction activities shall comply with the requirements of the City of Tustin Grading Manual which requires frequent watering of the project site to control dust. The applicant shall obtain all necessary approvals form the Community Development Department, Orange County Fire Authority Hazardous Materials Disclosure Office, Orange County Health Care Agency and Occupational Safety Hazard Association (OSHA). The applicant shall provide the Community Development Director with a wdtten statement of compliance from the Orange County Health Care Agency for the contaminated soil that existed due to the previous service station development. Exhibit A - Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. 4 USE RESTRICTIONS (1) 3.1 No other auto service use is permitted with the exception of the approved drive- through oil change facility. (1) 3.2 Service operations shall be performed entirely within the structure. No vehicle service shall take place in any parking space or drive aisle or partially protruding into a parking space, stacking area or drive aisle. (1) 3.3 Vehicle stacking in the public right-of-way shall be prohibited and any violation shall be subject to citation. The operator of the facility is responsible for ensuring compliance and preventing stacking from occurring in the public right-of-way. (1) 3.4 No outdoor storage or display of materials shall be permitted. (1) 3.5 Vending machines shall be located within the approved structure. Outdoor vending machines or activities are prohibited. (1) 3.6 The storage of junk or permanently disabled or wrecked automobiles shall not be permitted. Used or discarded automotive parts or equipment shall not be located outside of the structure except .within the designated trash storage area. No inoperative vehicles shall be permitted to be parked or stored on the site outside the building, including marked parking spaces. (1) 3.7 Storage or parking of buses and trucks or similar vehicles is prohibited. This excludes tow trucks, pick-up trucks, and small vans incidental to the service station use. (1) 3.8 Parking and advertising of vehicles for sale or lease is not' permitted. (1) 3.9 Restrooms shall be provided to the public at no cost and available during all hours of operation. The restrooms shall be maintained in a clean and sanitary condition. (1) 3.10 Provisions shall be made for the storage of used oil and lubricants pending recycling and approved by the Community Development Director. (1) 3.11 Exterior public address systems shall be prohibited. (1) 3,12 All requirements of the City's Noise Ordinance (Chapter 6 of the Tustin City Code) shall be met at all times. (1) 3.13 All litter shall be removed from the exterior areas of the premises, including adjacent public sidewalk areas, no less than once each day. (1) 3.14 Public telephones on the property shall be located inside the building and modified to prevent incoming calls. No exterior pay phones are allowed. Exhibit A - Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. 5 (2) 3.15 The installation and operation of the service bays shall be performed in accordance with the requirements of the South Coast Air Quality Management District. The applicant shall provide evidence to the Community Development Director of approval by the South Coast Air Quality Management District. (2) 3.16 The applicant shall be responsible for taking appropriate corrective action to address any surface contamination as required for any accidental spills, as required to the satisfaction of the Health Care Agency. (2) 3.17 The applicant shall be responsible for legally disposing of all motor oil and other hazardous substances in accordance to the requirements and satisfaction of the County Health Care Agency. PUBLIC WORKS DEPARTMENT (1) 4.1 The applicant shall enter into an agreement with the City of Tustin to continue to pursue a reciprocal parking, circulation and access agreement with the property owner of the adjacent commercial center. The agreement shall require that when the revitalization of the adjacent center commences, a recipr.ocal parking, circulation and access agreement shall be obtained. The curb cuts along Newport and Old Irvine shall be eliminated and a more integrated parking and circulation pattern shall be designed and installed by the applicant with the adjacent center. The costs associated with these improvements shall be paid by the applicant. The design of the revised circulation plan shall be submitted for review and approval by the Community Development Department and the Public Works Department. The applicant shall enter into this agreement with the City of Tustin prior to the issuance of the building permit. (1) 4.2 A separate 24"x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to the following: Curb and gutter; Sidewalk, including curb ramps for the physically disabled; Drive aprons; In addition, a 24" x 36' reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. (1) 4.3 Preparation of a sedimentation and erosion control plan for all work related to this development will be required. Exhibit A - Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. 6 (1) 4.4 Preparation and submittal of a final grading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: Final street elevations at key locations. Final pad/finished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. All flood hazards of record. (1) 4.5 Existing sewer, domestic water, reclaimed water and storm drain service laterals shall be utilized whenever possible. 4.6 Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy. 4.7 Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to' the Public Works Department. (1) .4.8 The federal Americans with Disabilities Act (ADA) requirements will need to be met at the drive aprons. This will require construction of a minimum four (4) foot wide sidewalk behind the drive apron. The maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron shall be ten percent. This will require dedication of additional right-of-way to accommodate the sidewalk construction. A legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer and/or California Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval. 4.9 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all federal, state, Regional Water Quality Control Board and Orange County Sanitation District rules a'nd regulations as they relate to service station facilities. The plan shall be designed in accordance with, but not limited to, the following: Use a perimeter drain or slope pavement inward with drainage to sump; and, If a dead-end sump is not used to collect spills, an oil/water separator is to be installed; Spills can be contained within the service area either by using a perimeter drain or by sloping the pavement inward with drainage to a sump. Exhibit A - Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. 7 ORANGE CO (1) 5.1 (1) 5.2 UNTY FIRE AUTHORITY Prior to the issuance of any grading or building permits, whichever occurs' first, 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 issuance of building permits. Provisions shall be made by the applicant for the repai~ and maintenance of the system, in a manner meeting the approval of the Fire Chief. Prior to the issuance of any grading or building permits, whichever occursl first, the applicant shall obtain approval of the Fire Chief of all fire protection access easements and shall dedicate them to the City. The approval of the Fire C~ief is required for any modifications such as speed bumps, control gates or ~)ther changes within said easement. (1) 5.3 Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of preliminary plans for all streets and courts, public or private, from the Fire Chief in consultation with the Manager, Traffic Engineering. The plans shall include the plan view, sectional view, and indicate the width of the street or court measured flow line to flow line. (1) 5.4 Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire. Chief. (1) 5.5 Prior to the issuance of the certificate of use and occupancy the approved fire lane marking plan shall be installed. (1) 5.6 Prior to approval of any use/site permits for site planning, issuance of any grading permits, or building permits, whichever occurs first, the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or gases. These liquids and materials are to be classified according to the "Orange County Fire Authority Chemical Classification Handout". The submittal shall provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons, and cubic feet. (1) 5.7 Prior to the issuance of any building permits, an Orange County Fire Authority Water Availability Form shall be submitted to and approved by the Plan Review Section of the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system shall be installed, in a manner meeting the approval of the Fire Chief. Exhibit A - Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. 8 (1) (1) 5.8 5.9 Prior to the issuance of any building permits, the applicant shall contact the Orange County Fire Authority Hazardous Materials Disclosure Office at (714) 744-0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet". This shall be completed and submitted to the Fire Chief before the issuance of any building permits. Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Authority Standard and approved by the Fire Chief. On private property, these markers are to be maintained in good condition by the property owner. (1)' $.10 Prior to the installation of the aboveground/underground tanks, plans shall be submitted to the Fire Chief for review and approval. FEES (1) 6.1 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. A, Building plan check and permit fees to the Community Development Department based on the most current schedule. S. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. C. New development fees in the amount of $ 0.10 per square foot of floor area to the Community Development Department. D. Transportation System Improvement Program (TSIP), Benefit Area "A" fees in the amount of $ 5.53 per square foot of new or added gross square floor area of construction or improvements to the Community Development Department. E. Major Thoroughfare and Bridge Fees to the Tustin Public Works Department at the time a building permit is issued. The current fee is $3.03/square feet of additional building area. Go School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. H. Payment of .the Orange County Sanitation District No. 7 Sewer Connection Fees at the time a building permit is issued. The current fee is $472/1000 square feet of building area (a credit for the existing building is applicable per County Sanitation District Ordinance No. 735). Exhibit A - Conditions of Approval Resolution No. 3664 CUP 98-007 & DR98-007 Page No. 9 (1,5) 6.2 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) 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. (2) 6.3 Within forty-eight (48) hours of approval of the subject project and prior to issuance of any building permits, payment shall be made for preparation fees for the negative declaration in the amount of $125.00 (one hundred and twenty-five dollars) to enable the City to prepare 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.