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HomeMy WebLinkAboutPC RES 35171 RESOLUTION NO. 3517 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VARIANC~ 94-010 TO REDUCE THE REQUIRED PARKING FROM 34 SPACES TO 19 SPACES; CONDITIONAL'USE PERMIT 97-004 TO ESTABLISH AN OUTSIDE SALES AND DISPLAY AREA; AND DESIGN REVIEW 97-008 TO MAKE CERTAIN SITE AND BUILDING IMPROVEMENTS ON THE PROPERTY LOCATED AT 1471 NISSON ROAD. The Planning Commission of the City of Tustin does hereby resolve as follows- The Planning Commission finds and deteI-mines as follows' a. That proper applications for Variance 94-010, Conditional Use Permit 97-004 and Design Review 97-008 were filed by Billy F. Mathis, Inc. to reduce the required parking from 34 spaces to 17 spaces, establish an outdoor sales and display area and make certain site and building improvements on the property located at 1471 Nisson Road. . That a public hearing was duly called, noticed and held on said applications on March 24, 1997 by the Planning Commission. C. This project has been determined to be Categorically Exempt (Classes 1 and 11) pursuant to Sections 15301 and 15311 of the California Environmental Quality Act. De 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 one of the few freeway properties that was impacted by the Caltrans acquisition which can not be reconfigured to meet current pDrking standards. The property owner is faced with a hardship due to the acquisition. In addition, the proposed improvement will reflect the ultimate right-of-way needs for Red Hill Avenue thereby eliminating the potential to reduce parking even further. The furniture 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3517 Page 2 store has operated with deficient p~fking since the acquisition by Caltrans without conflict, and due to the nature of the subject retail business, would not be anticipated to generate substantial additional parking demand. E . 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 shape and size in that 3,494 square feet along the Red Hill Avenue frontage was previously acquired by Caltrans, substantially trimming both corners on Red Hill Avenue and Nisson Road to accommodate ramp and bridge construction for the I-5 widening project. Property used for parking spaces became right-of-way which benefits neighboring commercial properties by allowing easier vehicular'access to the surrounding street system. The configuration of the balance of the site physically precludes the replacement of the lost parking spaces in compliance with the code requirements without significant reconstruction and removal of the existing building. Fe That the establishment, maintenance and operation of the outdoor sales and display area 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: !0 !! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3517 Page 3 i . The proposed sakes and display area will be located on a portion of property that can not physically accommodate parking as a result of right-of-way acquisitions along the Red Hill Avenue street frontage. . The proposed sales and display area will be screened by a decorative fence with landscaping to create an attractive pedestrian environment. · The sales and display area will be used for the artful display of merchandize and would not be used as storage or stacking of materials. G · 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. · Landscaping, parking area design and traffic circulation. · Location, height and exterior illumination. standards of 5. Location and method of refuse storage. · Physical relationship of proposed improvements to existing structures in the neighborhood. · Appearance and design relationship of proposed improvements to existing structures and possible future structures in the neighborhood and public thoroughfares. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3517 Page 4 · Development Guidelines and criteria as adopted by the City Council. II. The Planning Commission hereby approves Variance 94-010, Conditional Use Permit 97-004 and Design Review 97-008 to reduce the required parking from 34 spaces to 19 spaces, establish an outdoor sales and display area and make certain site and building improvements on the property located at 1471 Nisson Road, 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 March, 1997. BARBARA REYES Recording Secretary LOU BONE Chairman STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3517 was duly passed and adopted at a ~egular meeting of the Tustin Planning Commission, held on the 24th day of March, 1997. Recording Secretary EXHIBIT A VARIANCE 94-010 CONDITIONAL USE PERMIT 97-004 DESIGN REVIEW 97-008 CONDITIONS OF APPROVAL RESOLUTION NO. 3517 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date-stamped March 24, 1997, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to the plans if such modifications are consistent with the provisions of the Tustin City Code. (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 and legal enforcement action shall be immediately initiated unless the following performance schedule to implement the proposed project is adhered to: ae Ail required construction level drawings required to implement the project, including but not limited to, precise grading, public improvement, site, architecture, landscape and irrigation plans, shall be submitted to the Community Development Department within 45 days of the date of this Resolution. Be Any and all necessary corrections needed to the submitted construction level plans shall be resubmitted to the Community Development Department within 20 days of being notified by the City that corrections are ready to be picked up. SOURCE CODES (1) STA/~DARD 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 VAR 94-010, CUP 97-004 & DR 97-008 Resolution 3517 Page 2 C . Ail construction permits shall be obtained from the City within 45 days of being notified by the City that the plans are ready for permit issuance. D o All construction shall be completed within six months of permit issuance. (!) 1.4 Approval of Variance 94-010, Conditional Use Permit 97- 004 and Design Review 97-008 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 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 SUBMITTAL (1) 2.1 At building permit plan check, submit three (3) complete sets of construction plans. Requirements of the Uniform Building Code (UBC) and State handicap requirements shall be complied with as approved by the Building Official. All construction shall be in accordance with the 1994 UBC, applicable City Codes and the City's Security Code. No field changes shall be made without corrections submitted to and approved by the .Communi.ty Development Department. (5) 2.2 A sepayate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all proposed construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements wfll be required adjacent to this site which would include, but not be limited to, the following: a) Curb and Gutter b) Drive apron c) Sidewalk (5) 2.3 A separate 24" x 36" work area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer, experienced with this type of plan preparation will be required. Exhibit A VAR 94-010, CUP 97-004 & DR 97-008 Resolution 3517 Page 3 (6) 2.4 Landscaping and irrigation plans shall be submitted consistent with the City's Landscaping and Irrigation Guidelines to the satisfaction of the Community Development Director. *** 2.5 .~n Outside Display Plan shall be submitted during plan check which identifies the types and locations of merchandise to be displayed. All displays shall be in compliance with Condition No. 5.1 below. Appropriate travelways and exits shall be identified and maintained in accordance with applicable building and fire codes. .Any revisions or modifications to the tlpes and locations of merchandise for display shall be subject to separate review and approval of the Community Development Department to ensure compliance with Condition No. 5.1 below. ENGINEERING/PUBLIC WORKS (5) 3.1 Current Federal Americans with Disabilities Act (ADA) requirements will need to be met at the drive entrance. This will require construction of a minimum four foot wide sidewalk with a maximum cross slope of two percent behind the drive apron. This construction will require a 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 or California Licensed Land Surveyor, will need to be submitted to the Engineering Division along with.a copy of the vesting on the property. (5) 3.2 This property will need to be annexed to the Tustin Landscape and Lighting District. The Public Works Department will require a letter from the property owner stating this annexation will not be protested. SITE PLAN/ARCHITECTURE *** 4.1 An additional two (2) parallel parking spaces measuring 9 feet wide by 20 feet deep shall be designated along the westerly property line making a total of 19 provided parking spaces. The northerly parallel stall shall be located a minimum of five feet from the property line. If precluded by the applicant's insurance carrier the Community Development Director may waive the requirement. Said preclusion shall be provided in writing. Exhibit A VAR 94-010, CUP 97-004 & DR 97-008 Resolution 3517 Page 4 (7) 4.2 Parking spaces 8 through 11 shall be moved a minimum of 2.5 feet to the west to accommodate the required parking space overhang into a landscaped area. (4) 4.3 Provide exact details for exterior door and window types, roof,'column, railing, and other architectural details on construction plans. Ail details shall be consistent with design intent as illustrated in the approved plans. (4) 4.4 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. A dense type of landscaping could be utilized for screening. (!) 4.5 Ail final exterior materials and colors to be used shall be subject to review and approval of the Community Development Department. A final material/color board shall be provided during plan check. Ail exterior treatments shall be coordinated with regard to color, materials and detailing and clearly noted on submitted construction plans and elevations. (4) 4.6 New exterior lighting shall be provided. Ail light fixtures shall be consistent with the architecture of the building and designed and arranged as not to direct light or glare or have a negative impact on adjacent properties. Wall mounted fixtures shall be directed at a 90 degree angle directly toward the ground or angled toward the building. Ail exterior lighting fixtures shall comply with the City's Security Ordinance, which requires in part that a minimum of one ('1) footcandle of illumination be provided on the parking lot surface and a minimum of .25 footcandles in pedestrian areas. (4) 4.7 An adequate size trash enclosure with solid metal, self- closing, self-latching gates shall be provided. Said enclosure shall be screened by a solid decorative wall and be of a minimum height of six (6) feet. The design details of the enclosure shall be submitted at Building Plan Check and are subject to approval by the Community Development Department. Exhibit A VAR 94-010', CUP 97-004 & DR 97-008 Resolution 3517 Page 5 USE RESTRICTIONS 5.1 Ail outside displays shall occur in compliance with the Outside Display Plan as required by Condition No. 2.5 above and the following limitations: no Ail outside displays shall be limited, to the areas within the fenced patio area. Ail merchandise shall be assembled and arranged for the display and enjoyment oriented to the on-site customer, not the motoring public. C · No merchandise shall be permitted to be displayed in the landscaped area north of the outside staircase, outside the patio fencing or within the parking lot unless in conjunction with a special event and an approved Temporary Use Permit as may be approved by the Community Development Department. D o No unassembled merchandise, storage ~r stock piling of merchandise shall be permitted in the outside display area. Failure to comply with the Outside Display Plan shall be grounds for initiation of revocation procedures for Conditional Use Permit 97-004. *** 5.2 If, at any time in the future, the City is made aware and concurs that a parking problem exists at the subject site as a result of insufficient on-site parking availability, then the Community Development and Public Works Departments may require the property owner to submit a parking demand analysis, at no expense to the City, within the time schedule stipulated by the City. If said study indicates that there is inadequate parking or a traffic problem, the property owner shall be required to provide additional mitigation measures to be reviewed and approved by the Community Development and Public Works Departments. Said mitigation may include, but not be limited to, the following: a. Reduce the demand for parking. Exhibit A VAR 94-010, CUP 97-004 & DR 97-008 Resolution 3517 Page 6 b . Provide additional parking as needed, up to minimum number required for the uses consistent with the Zoning Code standards, by purchase and/or lease of property within 500 feet of the property or provision of the needed parking on site. The securing of off-site parking would require approval by the Community Development Director. Failure to adequately respond to such a request and to implement mitigation measures within the time schedules established, shall be grounds for initiation of revocation procedures for Variance 94-010 and Conditional Use Permit 97-004. LANDSCAPING 6.1 All shrubs and trees shall be !ocaned outside the ultimate right-of-way area. (6) 6.2 The use of hibiscus as a hedge row to screen the parking spaces adjacent to Nisson Road and Red Hill Avenue shall be continued adjacent to spaces 8 through 11. (4) 6.3 Vine pockets shall be added at the base of each patio area column between the column and the fence. (4) 6.4 Vines shall be added to the metal trellis element on the east elevation. (5) 6.5 The sight distance lines at the westerly drive on Nisson Road will need to be shown on the landscape plan per Orange County EMA Standard No. 1117. (6) 6.6 Ail plant materials shall be installed in a healthy, vigorous condition typical to the species and landscaping must be maintained in a neat and healthy'condition. This will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, regular watering or replacement of diseased or dead plants. (6) 6.7 Provide a summary, table on the landscape plans identifying the name, size and quantity of plants proposed and show the actual location on the plans. Note on plans that the Community Development Department may request minor substitutions of plant materials during Plan Check. Exhibit A v~_q 94-010, CUP 97-004 & DR 97-008 Resolution 3517 Page 7 (6) 6.8 The irrigation plan shall show the location and control of backflow prevention devices, pipe size, sprinkler type, spacing and coverage. Details for all equipment must be provided. Note on landscaping plan that coverage o~ landscaping irrigation materials is subject to field inspection at project completion by the Community Development Department. Landscaping and irrigation plans shall be submitted for new landscape areas consistent with adopted City of Tustin Landscaping and Irriganion Submittal Requirements to the greatest extent feasible, as determined by the Community Development Department. FEES (!) 7.1 Prior to the issuance of any building permits, payment shall be made of the following fees based on the most current fee schedule. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Ail applicable building plan check and permit fees to the Community Development Department. (1) 7.2 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.