Loading...
HomeMy WebLinkAboutPC RES 35081 RESOLUTION NO. 3508 10 11 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, APPROVING CONDITIONAL USE PERMIT 96-020 AND DESIGN REVIEW 96-031, AUTHORIZING THE ELIMINATION OF TWO SERVICE BAYS, EXPANSION OF CONVENIENCE MARKET AND MODIFICATION OF SITE AND BUILDING IMPROVEMENTS AT 13891 RED HILL AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: I o The Planning Commission finds and determines as follows: Ao A proper application, Conditional Use Permit 96-020 and Design Review 96-031, have been filed by Service Station Services on behalf of Edgar Pankey, requesting authorization to eliminate two service bays, expand the convenience market and modify the site and building improvements at 13891 Red Hill Avenue. B . A public hearing was duly called, noticed and held for said application on January 13, 1997. C o The property is located in the Central Commercial (C-2) Zoning District. The use applied for is a conditionally permitted use in the Central Commercial (C-2) District. m . Conditional Use Permit 85-010 was approved by the Planning Commission in 1985 to authorize the establishment of a convenience market and automatic car wash. . Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 96-020 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. Setbacks and site planning. 2. Exterior materials and colors. 3. Type and pitch of roofs. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3508 Page 2 o o o o . . Size and spacing of windows, doors and other openings. Landscaping, parking area design and traffic circulation. · Location, height and standards of exterior illumination. Location and appearance of equipment located outside of an enclosed structure. Proposed signage. Development Guidelines and criteria as adopted by the City Council. F o 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 a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, as evidenced by the following findings: It is appropriate for the existing service bays to be eliminated and replaced with an expanded convenience market because the market is a typical accessory use to a gasoline station and the site is surrounded by other commercial uses. . The proposed project, as conditioned, can be accommodated on the subject site in that there is adequate parking and turn- around area in the parking lot and the convenience market can be accommodated within the existing building. . As conditioned, the proposed use is compatible with surrounding uses in the vicinity in that the increased size of the convenience market will not increase vehicle trips generated at the site. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3508 Page 3 As conditioned, the proposed use will not negatively impact surrounding uses in that the building and site improvements will bring the site closer into conformance with current standards. G · This project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Sections 15301 (Class 1). II. The Planning Commission hereby approves Conditional Use Permit 96-020 and Design Review 96-031, authorizing the elimination of two service bays, expansion of the convenience market and modification of site and building improvements at 13891 'Red Hill Avenue, Tustin, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meetin~ of the Tustin Planning Commission, held on the 13th day of January, 1997 LOU BONE ~~ Chairman 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. 3508 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of January, 1997. Recording Secretary EXHIBIT A RESOLUTION NO. 3508 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 96-020 AND DESIGN REVIEW 96-031 GENERAL (1) 1.1 The proposed project shall substantially conform to submitted plans date stamped January 13, 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 permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Design Review and Conditional Use Permit approval shall become null and void unless all building permits are issued within eighteen (18) months of the date of this Exhibit and substantial construction is underway. (1) 1.4 Approval of Conditional Use Permit 96-020 is contingent upon the applicant and tenant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant and tenant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge to the City's approval of this project. (1) 1.6 Unless modified by conditions contained within this exhibit, all conditions of Planning Commission Resolution No. 2246 shall be in full force and effect. SOURCE CODES (1) STANDARD CONDITIONS (2) PLANNING.COMMISSION POLICY (3) MUNICIPAL CODE (4) RESPONSIBLE AGENCY REQUIREMENT (***) EXCEPTION Exhibit A Resolution No. 3508 Page 2 PLAN SUBMITTAL (1) 2.1 At building permit plan check, submit three (3) complete sets of site improvement plans. Requirements of the Uniform Building Code shall be complied with as approved by the Building Official. All construction shall be in accordance with the 1991 UBC, 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. (4) 2.2 Architectural plans submitted for pl'an check shall bear the approval of the project architect for the center. SITE AND BUILDING CONDITIONS (4) 3.1 Provide exact details for exterior doors and window types on construction plans. Doors and windows shall be consistent with design for the center. (4) 3.2 Ail 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. (1) 3.3 Ail exterior accent colors to be used shall be subject to review and approval of the Community Development Department and shall be consistent with samples provided on the color board. All exterior treatments shall be coordinated with regard to color, materials and detailing and clearly noted on submitted construction plans and elevations. (4) 3.4 Provide plans and details for all lighting fixtures. Note locations on site plan and building elevations. (4) 3.5 Note on plans that outdoor storage shall be prohibited. LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (1) 4.1 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements and consistent with the landscaping concept plan. Said plans shall be consistent with the existing landscape palette for the center. Exhibit A Resolution No. 3508 Page 3 Provide summary table applying indexing identification to plant materials in their actual location. The plant table shall list botanical and common names, sizes, spacing, actual location and quantity of plant materials proposed. Show' planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices (screened from view from right-of-way and on-site by' shrubs), pipe size, sprinkler type, spacing and coverage. Details for all equipment shall be provided. Show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas, existing landscaping and walls and proposed new wall locations. The Department of Community Development may request minor substitutions of plant materials or request additional sizing or quantity. Note on plans that adequacy of 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, Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 8 feet on center when intended as screen planting. B . Ground cover shall be planted between 8 to 12 inches on center. Ce When one (1) gallon plant sizes are used, the spacing may vary according to materials used. m . 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. (1) 4.3 Ail landscaping shall be maintained in a healthy condition such that all plant materials are evenly cut, evenly edged, free of bare or brown spots, free of debris, weeds or dead vegetation. Exhibit A Resolution No. 3508 Page 4 USE RESTRICTIONS (5) 5.1 "No loitering" signs shall be posted at the entrance of the business or other location(s) as requested by the Community Development Department. (5) 5.2 Any Health Code or other violations, as determined by the County of Orange Health Care Agency, may be grounds for revocation of this Conditional Use Permit. (5) 5.3 No outdoor or sidewalk sale of merchandise or seating shall be permitted. All business activity shall take place entirely within the building. (5) 5.4 No off-site alcoholic beverage sales shall be permitted. (5) 5.5 The subject property shall be maintained in a safe, clean and sanitary condition at all times. (5) 5.6 Ail graffiti 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. SIGNS (4) 6.1 Business identification wall signs, canopy signs and monument signs shall comply with the Tustin Sign Code. A separate set of plan and building permits are required for the sign. (4) 6.2 Ail incidental signs for this 'project including entry, exit, yield and handicap signs, shall be consistent with the Tustin Sign Code, subject to review and approval by the Community Development and Public Works Departments. (4) 6.3 No sign component shall flash, blink or be otherwise animated. Such animation is strictly prohibited. (4) 6.4 If deemed necessary, on site, no left turn traffiC signs shall be submitted for review, approval and/or installation, subject to the approval of the City Traffic Engineer. Exhibit A Resolution No. 3508 Page 5 FEES (1) 7.1 Prior to issuance of any permits, payment shall be made of all required fees, as may be in effect at the time of permit issuance, including, but not limited to: A.' Ail applicable plan check and permit fees to the Community Development Department, based on the most current schedule, as may be amended prior to permit issuance. (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 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.