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HomeMy WebLinkAboutPC RES 3563! RESOLUTION NO. 3563 !0 !1 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING DESIGN REVIEW 97-014, AUTHORIZING THE CONSTRUCTION OF A 10,000 SQUARE FOOT AUTO LEASING/SALES FACILITY AND A 45,000 SQUARE FOOT AUTO MUSEUM/PARKING GARAGE AND VARIANCE 97-002 TO EXCEED THE HEIGHT LIMITS OF THE DISTRICT WITHIN TUSTIN AUTO CENTER FROM 14 FEET TO 30 FEET, 6 INCHES WITHIN THE REAR YARD SETBACK AND FROM 30 FEET TO 43.5 FEET ELSEWHERE ON THE PROPERTY LOCATED AT 36 AUTO CENTER DRIVE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A, That a proper application, Design Review 97-014 and Variance 97-002, was filed by LPA Inc. on behalf of MacPherson Properties, requesting approval of a 10,000 square foot auto leasing/sales facility and a 45,000 square foot auto museum/parking garage and a Variance to exceed the height limits of the district within the Tustin Auto Center from 14 feet to 30 feet, 6 inches within the rear yard and from 30 feet to 63 feet elsewhere on the property located at 36 Auto Center Drive. m . That a public hearing was duly noticed, called and held by the Planning Commission on November 24, 1997. C , Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of the proposed development 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. o Size and spacing of windows, doors and other openings. 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3563 Page 2 Towers, chimneys, roof structures, flagpoles, radio and television antennae. . Landscaping, parking area design and traffic circulation. Location, height and standards of exterior illumination. o Location and appearance of equipment located outside of an enclosed structure. 10. Physical relationship of proposed structures to existing structures in the neighborhood. 11. Appearance and design relationship of proposed structure to existing structures and possible feature structures in the neighborhood and public thoroughfares. 12. Development Guidelines and criteria as adopted by the City Council. m . That any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated. The Variance will not result in a grant of special privilege or .development. As this is the only irregularly shaped parcel within The Auto Center created as a result of reconfiguration of the freeway interchange. Other adjacent parcels have constructed multi-level parking garages, without requiring a Variance since they are more rectangularly shaped and the development area is more centralized. Several of the existing surrounding dealerships have a need for additional employee parking and vehicle storage areas. Approval of this Variance for the garage to exceed the 14-foot height limit and the elevator tower and lights to increase the height limit from 30 feet to 43.5 feet would provide additional parking and vehicle storage areas. The Variance request to permit a decorative metal pole to extend 63 feet in height, 33 feet above the maximum height limit is not justified. No other properties have metal poles. Approval of the Variance for the pole would grant a special privilege. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3563 Page 3 m · That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. There are special circumstances applicable to the property related to the irregular shape in that the area most suitable for development of a parking garage is within the rear yard setback, in addition, the configuration of the site physically precludes the development of an auto leasing/sales facility with the necessary vehicle storage area and employee/customer parking areas in compliance with the code requirements. There are no special circumstances that justify granting a Variance for the 20-foot high metal pole to extend 33 feet above the height limit of the district. The irregular shape of the site does not preclude such a decorative element from being located on the leasing/sales building and thereby meeting the district height limits. F , The proposed project has been reviewed for conformity with the provisions of the Orange County Congestion Management Program and the approval body has determined that the additional traffic generated by the proposed project onto the CMP Highway System.does not cause the system to exceed established Level of Service standards. G o The project has been determined to be exempt from the provisions of Measure "M" in that the additional traffic generated by the proposed project onto the Arterial Highway System does not cause the roadway system to exceed established Level of Service standards. H o 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. ii. The Planning Commission hereby conditionally approves Design Review 97-014 authorizing the construction of a 10,000 square foot auto leasing/sales facility and a 45,000 square foot auto museum/parking garage and Variance 97-002 to exceed the height limits of the district from 14 feet to 30 feet, 6 inches within the rear yard setback for the parking garage and from 30 feet !0 12 13 14 16 !7 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3563 Page 4 to 43.5 feet elsewhere on the property for the lighns and elevator tower only and denies the variance for a 20-foot high decorative metal pole to exceed the height limits, located at 36 Auto Center Drive within the Tustin Auto Center, 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 24th day of November, 1997. 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. 3563 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of November,. 1997. Planning Commission Secretary EXHIBIT A RESOLUTION NO. 3563 CONDITIONS OF APPROVAL DESIGN REVIEW 97-014/VARIANCE 97-002 GENERAL 1.1 The proposed project shall substantially conform with the submitted plans for the project, date stamped November 24, 1997 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 of Community Development may also approve subsequent minor modi=ications~ to plans during plan check if such modifications are to be 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 of the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued within eighteen (18) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (i) 1.4 Approval of Design Review 97-014 and Variance 97-002 is contingent upon the property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (i) 1.5 The property owner and 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. SOURCE CODES (1) STANDARD CONDITION ( 5 ) (2) CEQA MITIGATION (6) (3) UNIFORM BUILDING CODE/S (7) (4) DESIGN REVIEW ** * EXCEPTION RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Conditions of Approval Resolution No. 3563 Page 2 PLAN SUBMITTAL (3) 2.1 At building plan check, the following items shall be submitted: (3) A. Construction plans, structural calculations, and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. Ail buildings shall comply with 1991 edition of UBC, UMC, UPC and 1990 edition of NEC. (2) ~. (3) Technical detail and plans for all utility installations including cable TV, telephone, gas, water and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. (2) c. (3) Precise grading plans and specifications consistent with the site plan and landscaping plans and prepared by a registered civil engineer based on Orange County Surveyor's Bench Mark Datum for approval by the Community Development Department. Subject grading submittal shall comply with all requirements of the City's Grading Ordinance and Manual and the following: o A detailed soil engineering report shall be submitted to and approved by the Building Official conforming to the requirements of the Uniform Building Code, City Grading Requirements, and all other applicable state and local laws, regulations and requirements. o Preparation of a sedimentation and erosion control plan for all construction work related to the' subject project including a method of control to prevent dust and windblown earth problems. Exhibit A Conditions of Approval Resolution No. 3563 Page 3 SITE AND BUILDING CONDITIONS *** 3.1 The auto display "window" on the second story of the garage shall be eliminated, consistent with the Auto Center District Regulations. Ail vehicles parked within the garage on the second floor and rooftop shall be fully screened from view, subject to final approval of the Community Development Department. *** 3.2 The 20-foot high metal pole on top of the elevator tower of the parking garage shall be removed. No additional decoration shall be installed above the height of the elevator tower, which shall not exceed 43.5 feet in overall height. (4) 3.3 Ail final exterior materials and colors shall be consistent with the existing center. All exterior treatments shall be coordinated with regard to color, materials and detailing and noted on submitted construction plans and elevations. (1) 3.4 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) 3.5 Ail mechanical and electrical fixtures and equipment (4) shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall blend with the architectural design of buildings. Electrical transformers shall be located toward the interior of the project maintaining a sufficient distance to minimize visual impacts on entry points along Jamboree Road. (1) 3.6 Exterior elevations of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, equipment heights and type of screening. All roof mounted equipment, roof penetrations, and vents shall be located a minimum of 6" below the top of parapet. (1) 3.7 Indicate lighting scheme for project, note locations of (4) all exterior lights and types of fixtures on the Exhibit A Conditions of Approval Resolution No. 3563 Page 4 elevations. Ligh5s to be installed on buildings and in the parking lot shall be a decorative design. No lights shall be permitted which may create any glare or have a negative impact on adjoining properties. The locations and types of light fixtures shall be subject to the approval of the Community Development Department during plan check. (5) 3.8 Numerical addresses shall be painted on rear doors of respective businesses to aid in location and identification for emergency personnel in addition to numerical addressing required by the Uniform Building Code on storefronts. (1) 3.9 The property owner of the subject property shall remove all graffiti on the subject property site, building or improvements within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said facility will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. (1) 3.10 Ail signs require separate permit and shall comply with the approved Master Sign Plan for the Tustin Auto Center. LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (1) 4.1 Submit at plan check complete detailed landscaping and (7) irrigation plans for all landscaping areas, consistent with adopted City of Tustin Landscaping and Irrigation Guidelines. Landscaping plans shall be approved by the CommuniSy Development Department prior to issuance of any building permits. Provide summary table identifying plant materials. Landscaping plans must be approved prior to issuance of any building permits. The plant table shall list botanical and common names, sizes, spacing, location and quantity of the plant materials proposed. Show 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. Show all property lines on the landscaping and irrigation plan, public Exhibit A Conditions of Approval Resolution No. 3563 Page 5 right-of-way areas, sidewalk widths, parkway areas, and wall locations. The Department of Community Development may request minor substitutions of plant materials or request additional sizing or quantity materials during plan check. Note on landscaping plan that coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Department of Community Development. (7) 4.2 The submitted landscaping plans at plan check shall reflect the following requirements: A, Turf is unacceptable for grades over 25 percent. A combination of planting materials must be used, ground cover on large areas alone is not acceptable. m . Shrubs shall be spaced a minimum of 5 feet on center. C . Ground cover shall be planted between 8 to 12 inches on center. D . Fences, walls and equipment areas, shall be screened with shrubs and/or vines and trees. E o Ail plant materials shall be installed in a healthy vigorous condition typical to the species and must be maintained in a neat and healthy condition. Maintenance includes but is not limited to trimming, mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased' or dead plants. (1) 4.3 Ail existing landscaping shall be protected in place and 'shall remain. The applicant shall be responsible for the repair and replacement of any damaged or missing landscaping around the perimeter of the site. (1) 4.4 Additional trees shall be provided adjacent to the south elevation of the parking garage to screen the view of the building. Fifteen (15) - gallon size eucalyptus trees shall be provided in locations as approved by the Community Development Director. Exhibit A Conditions of Approval Resolution No. 3563 Page 6 FIRE AUTHORITY (5) 5.1 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 issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system in a manner meeting the approval of the Fire Chief. (5) 5.2 Prior to the issuance of a grading permit, the applicant shall obtain approval of the Fire Chief for all fire protection access easements and shall dedicate them to the City. The approval of the Fire Chief is required for any modifications such as speed bumps, control gates or other changes in within said easement. (5) 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. Ail proposed fire apparatus turnarounds shall be clearly marked when a dead-end street exceeds 150 feet or when other conditions require it. (5) 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. (5) 5.5 Prior to the issuance of a Certificate of Use and Occupancy, the approved fire lane marking plan shall be installed. A method of enforcement shall be included. (5) 5.6 Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire Chief's Exhibit A Conditions of Approval Resolution No. 3563 Page 7 approval of the construction details for any access gate. Contact the Orange County Fire Authority Plan Review Section at (714) 744-0403 for a copy of the "Guidelines for Fire Authority Emergency Access" (5) 5.7 Prior to the 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. Ail forms of materials are to be converted to units of measure in pounds, gallons and cubic feet. (5) 5.8 Prior to the issuance of any building permits for combustible construction, the developer shall submit and obtain the Fire Chief's approval of a letter and plan stating that water or fire fighting purposes and an all weather fire access road shall be in place and operational as requi~ed by. the Uniform Fire Code before any combustible materials are placed on the site. (5) 5.9 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 each structure, in a manner meeting the approval of the Fire Chief. (5) 5.10 Prior to the issuance of any building permits, plans for an automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. (5) 5.11 Prior to the issuance of any building permits, the applicant shall submit a detailed letter of.intended use for each building.to the Fire Chief for review and approval. Exhibit A Conditions of Approval Resolution No. 3563 Page 8 (5) 5.12 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. (5) 5.13 Prior to issuance of a building permit, whichever occurs first, 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 Site/Architectural Notes to be placed on the plans. (5) 5.14 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. (5) 5.15 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. (5) 5.16 Prior to installation, plans for the fire alarm system shall be submitted to and approved by the Fire Chief. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. (5) 5.17 Prior to the installation of the above ground/underground tanks, plans shall be submitted to the Fire Chief for approval. TRANSPORTATION DEMAND MANAGEMENT (5) 6.1 The applicant shall comply with all requirements of the Federal Clean Air Act relating to providing employees Exhibit A Conditions of Approval Resolution No. 3563 Page 9 FEES with information on transit programs. Prior to issuance of any Certificates of Occupancy, the applicant shall prepare for review and approval of content by the Community Development Department an informational package to distribute to all tenants upon execution of a lease which identifies public transit, car pooling and ridesharing information. Said tenant shall be required to distribute this information to all new employees. (!) 7.1 Prior to issuance of any building permits, payment shall (5) 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. New development fees in the amount of $.10 per square foot of floor area to the Community Development Depar.tment. C · Major thoroughfare and bridge fees in the amount of $2.96 per square foot of building area to the Tustin Public Works Department. D · School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. E o Water and sewer connection fees to the Irvine Ranch Water District. F o Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. (1) 7.2 Within forty-eight (48) hours of approval of the subject (5) 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 Exhibit A Conditions of Approval Resolution No. 3563 Page 10 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.