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HomeMy WebLinkAboutPC RES 351010 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 28 RESOLUTION NO. 3510 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 96-011 AND DESIGN REVIEW 96-020, .AUTHORIZING THE ESTABLIS~IMENT OF OFFICES IN THE CENTRAL COMMERCIAL (C-2) DISTRICT WHICH EXCEED FIFTY PERCENT (50%) OF THE TOTAL GROSS SQUARE FOOTAGE OF THE TWO EXISTING BUILDINGS, AND AUTHORIZING IMPROVEMENTS TO THE TWO BUILDINGS AND LOT LOCATED AT 115 EAST SECOND STREET, TUSTIN. The Planning Commission of the City of Tustin does hereby resolve as follows: I o The Planning Commission finds and determines as follows: a. That proper applications for Conditional Use Permit 96-011 and Design Review 96-020 were filed by Kitty and Scott Siino to request the establishment of offices in the central commercial (C-2) district which exceed fifty percent (50%) of the total gross square footage of the two existing buildings, and authorizing improvements to the two buildings and lot located at 115 East Second Street, Tustin, more specifically described as Assessor's Parcel No. 401-583-08. B · That the proposed use is allowed within the Central Commercial - Parking Overlay Zoning District, with the approval of a Conditional Use Permit (TCC 9233e) . C. That a public hearing was duly called, noticed and held on said application on February 10, 1997 by the Planning Commission. D . That the subject property is located within the Town Center Redevelopment Area. Pursuant to City Code Section 9299b, the Zoning Administrator has forwarded action on Design Review 96-020 to the Planning Commission for consideration. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resoluti~ No. 3510 Page 2 . That the establishment, maintenance and operation of the use 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: . The American Institute of Architects' Regional/Urban Design Assistance Team (R/UDAT) report, "Visions of Old Town," contains an analysis and review of land use patterns in Old Town. The report suggests that renewal compatible to Old Town's unique mix of activities and uses should occur. The R/UDAT further indicates that additional office and business/service functions should be encouraged. · The site is located approximately 750 feet from the main retail corridor of the "Old Town" downtown area, generally considered to be the intersection of Main Street and E1 Camino Real. Further a number of properties near the site are developed with offices. The proposed office uses would be compatible with existing businesses in terms of use and general hours of operation. . It is anticipated that patrons of the proposed office uses may provide economic support for area restaurants and retail/commercial merchants. The proposed modifications to the buildings and lot will improve the appearance of the subject property and strengthen the character of Old Town Tustin. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3510 Page 3 F o . Permitting more than fifty percent (50%) of the floor area on the site for offices will not reduce the opportunities for establishing future commercial retail uses in that the site is awkwardly located between an existing office building and an apartment building and is not a prime retail commercial location. The proposed office uses would be more compatible with surrounding uses in the area than permitted retail commercial uses on the subject property, as evidenced by the findings stated above. 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 standards of exterior illumination. 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. , Development Guidelines and criteria as adopted by the City Council. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3510 Page 4 H . This project has been determined to be Categorically Exempt (Class 3, new construction or conversion of small structures) pursuant to the provisions of Section 15303 of the California Environmental Quality Act. II. The Planning Commission hereby approves Conditional Use Permit 96-011 and Design Review 96-020, to establish offices in the central commercial (C-2) district which exceed fifty percent (50%) of the total gross square footage of the two existing buildings, and authorize improvements to the two buildings and lot located at 115 East Second Street, Tustin, 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 ,g%n the 10th day of February, 1997. LOU BONE Chairman BARB~ REYES ~/ - Recording Secretary 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. 3510 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of February, 1997. BARB~. REYES L/ Recording Secretary EXHIBIT A CONDITIONAL USE PERMIT 96-011 DESIGN REVIEW 96-020 CONDITIONS OF APPROVAL RESOLUTION NO. 3510 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date-stamped February 10, 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 unless the use is established 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 prior to expiration. (1) 1.4 Approval of Conditional Use Permit 96-011 and Design Review 96-020 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Conditions of Approval Resolution No. 3510 Page 2 USE RESTRICTIONS *** 2.1 Conditional Use Permit 96-011 authorizes a total building area of 1,485 square feet to be used for professional and/or'general offices only. Medical/dental professional offices and/or retail/service uses shall be prohibited unless additional parking is provided or the parking requirements are changed in the future such that required parking is satisfied. (1) 2.2 Any graffiti occurring on the property shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structure and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. *** 2.3 The storage of construction equipment and vehicles is prohibited. *** 2.4 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. SITE PLAN/ARCHITECTURE (4) 3.1 Ail 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 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. All exterior lighting fixtures shall comply with the City's Security Ordinance, which requires that lightlng at exterior doors, driveways and parking areas shall provide a minimum of one (1) footcandle of illumination. (4) 3.2 A sufficient number of trash bins with surrounding enclosure shall be located on the property and maintained to avoid health issues for neighboring areas. 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 Conditions of Approval Resolution No. 3510 Page 3 (1) 3.3 As the subject property is located in the Cultural Resource District, any exterior modifications or improvements to the buildings or site require approval of a Certificate of Appropriateness. Therefore, approval of a Certificate of Appropriateness by the Director of Community Development is required prior to the issuance of permits. PLAN SUBMITTAL (1) 4.1 At building permit plan check, submit three (3) complete sets of construction plans. Requirements of the Uniform Building Code (UBC), State Historic Building Codes and State handicap requirements shall be complied with as approved by the Building Official. All construction shall be in accordance with the 1994 UBC, State Historic Building Codes, applicable City Codes and the City's Security Code. No field changes shall be made without corrections submitted to and approved by the Community Development Department. (5) 4.2 The handicapped persons ramp shall have a landing at the rear entry of at least 60" by 60", a middle landing of at least 72" in depth and an approach of at least 72" in depth. (5) 4.3 Exterior walls on east and west sides shall have automatic sprinklers installed on the exterior under the roof line with at least one sprinkler head located over each opening to be protected. Additional sprinkler heads shall also be distributed along combustible walls that do not meet the fire resistive requirement due to their relationship to property lines. (5) 4.4 The roof covering shall be Class A. (5) 4.5 The following shall be submitted together with plans at the time of building permit application: a) Structural evaluation report signed by an architect or civil/structural engineer indicating that the structures can resist seismic and wind loads as prescribed by prevailing code requirement. In addition, check structures for 50 psf live load due to change of occupancy. b) Ail areas inside the buildings shall be made accessible and usable by disabled persons. Ail Exhibit A Conditions of Approval Resolution No. 3510 Page 4 doors shall be three feet wide, providing 32" clearance and shall have lever hardware. c) Pest inspection report of the structure. (5) 4.6 A separate 24" x 36" street improvement plan showing all construction within the existing right-of-way will be required and said plan shall be prepared by a California Registered Civil Engineer. This plan shall show all existing improvements and proposed construction to include, but not limited to the following: a) b) c) d) Curb and Gutter Sidewalk Drive apron Underground Utility connections (4) 4.7 At Building Plan Check, manufacturer's details of all lighting fixtures and a lighting plan which identifies the location, type of fixture, and intensity of all new exterior building mounted and free-standing lighting shall be provided. A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one footcandle of light, and lighting shall not produce light or glare or have a negative impact on adjacent properties." (3) 4.8 The building shall meet all applicable requirements set forth in the Tustin Security Code relating to commercial structures, including lighting and locking devices. LANDSCAPING (6) 5.1 The landscaping and irrigation plans at Plan Check shall reflect the following requirements, either incorporated into the design and/or construction or included as notes: a o A combination of planting materials must be ~sed, groundcover on large areas alone is not acceptable. b . Shrubs shall be a minimum five gallon size and shall be spaced a minimum of eight feet on center when intended as screen planting. Exhibit A Conditions of Approval Resolution No. 3510 Page 5 C o Groundcover shall be planted between eight to twelve inches on center. d . when one gallon plant sizes are used, the spacing may vary according to materials used. e o Plants and irrigation will be installed in compliance with the City's Landscaping and Irrigation Guidelines. (6) 5.2 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) 5.3 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. (6) 5.4 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 of 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 Irrigation Submittal Requirements to the greatest extent feasible, as determined by the Community Development Department. FIRE AUTHORITY (5) 6.1 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 Department Standard. On private property these markers are to be maintained in good condition by the property owner. Exhibit A Conditions of Approval Resolution No. 3510 Page 6 (5) 6.2 Prior to the issuance of any building permits, the applicant shall submit a detailed letter of intended use for the building to the Fire Chief for review and approval. (5) 6.3 Prior to the issuance of any building permits, contact the Orange County Fire Department 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) 6.4 Prior to the issuance of any grading permits, 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 Department Chemical Classification Handout". 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. Compressed gases and compressed liquified gases are to be converted to cubic feet. (5) 6.5 Prior to the issuance of any building permit, 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) 6.6 Prior to 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- Exhibit A Conditions of Approval Resolution No. 3510 Page 7 0403 for the Fire Safety Site/Architectural Notes to be placed on the plans. SIGNS (4) 7.1 Prior to construction and installation of any wall signs, complete sign plans shall be submitted which address all proposed wall, directional and address signs, subject to the approval of the Community Development Department. The sign plans shall include dimension, materials, colors and method of illumination for each proposed sign. (4) 7.2 Pursuant to Section 9408B of the City of Tustin Sign Code, the proposed business is permitted the following signs: a . Primary Wall Sign - One (1) primary wall sign for the purpose of business identification only. The sign area square footage may be equal to a maximum of 15 percent of the store front area not to exceed 75 square feet. b o Secondary Wall Signs - Two (2) secondary wall signs for the purpose of business identification only. Secondary wall sign shall face onto a street, parking area, or service road. The sign area square footage may be equal to a maximum of 5 percent of the side or rear wall area not to exceed 25 square feet. Both side and rear wall of the subject building would be eligible for secondary wall signs. Window Signs - A maximum of 25 percent of the store window area upon which the sign is located may be devoted to window sign use. Window signs may be permanent display or window lettering copy such as hours, address, phone number, emergency information, or special announcements. (4) 7.3 No sign component shall flash, blink, or be otherwise animated. (4) 7.4 Ail signs and their supporting structures shall be enclosed, structurally safe, and maintained in good condition and shall comply with the most current Uniform Building Codes, as locally amended. Exhibit A Conditions of Approval Resolution No. 3510 Page 8 FEES (1) 8.1 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 o Ail applicable building plan check and permit fees to the Community Development Department. b . Sewer connection fees to the Orange County Sanitation District. C o School District fees to the Tustin Unified School District. (1) 8.2 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.