Loading...
HomeMy WebLinkAboutPC RES 35061 RESOLUTION NO. 3506 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 DESIGN REVIEW 95-045 AUTHORIZING THE ESTABLISHMENT OF A PERMANENT OUTDOOR DISPLAY AREA FOR THE BUSINESS LOCATED AT 2782 EL CAMINO REAL. The Planning Commission of the City'of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: Ao That proper application for Design Review 95-045 was filed on behalf of The Home Depot requesting approval of an outdoor display of merchandise for sale in front of The Home Depot store located at 2782 E1 Camino Real. B · That this item was considered by the Planning Commission on December 9, 1996 and January 13, 1997. C o 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. · Landscaping, parking area design and traffic circulation. · Physical relationship of proposed structures to existing structures in the neighborhood. · Appearance and design relationship of proposed structure to existing structures and possible feature 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 2O 21 22 23 24 25 26 27 28 Resolution No. 3506 Page 2 m 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. m o That this project has been determined to be a minor modification to an existing development and is therefore categorically exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. F o That the proposed outdoor display of home improvement materials and garden supplies for sale is consistent with the nature of the subject retail business. This type of merchandise (building materials and garden supplies) is typically stored and on display in an outdoor area. The outside display of home improvement merchandise is consistent with the design and operation of the business and will not establish a precedent for other non-home improvement/garden supply retail uses within the center. G . That the proposed outdoor display, as conditioned, will not have a negative impact on surrounding properties or uses. H. That the display areas will be screened from view from public streets and will be placed directly adjacent to the building to minimize conflicts with pedestrian circulation. II. The Planning Commission hereby approves Design Review 95- 045 authorizing the establishment of an area for the outdoor display of home improvement and garden supplies for sale on the sidewalk in front of the store located at 2782 E1 Camino Real, subject to the conditions contained in Exhibit A, attached hereto. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3506 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 13th day of January, 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. 3506 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of January, 1997. Recording Secretary GENERAL EXHIBIT A RESOLUTION NO. 3506 CONDITIONS OF APPROVAL DESIGN REVIEW 95-045 (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 13, 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 Plan"). The Director of Community Development may also approve subsequent minor modifications to the Plan during plan 'check if such modifications are consistent with provisions of the East Tustin Specific Plan, 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 establishment of the use, subject to review and approval by the Community Development Department. (1) 1.3 Approval of Design Review 96-045 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)- 1.4 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of a challenge to the City's approval of thi.s project. (1) 1.5 This project shall be reviewed by the Community Development Department within six (6) months after the date of this approval (on or about July 13, 1997) and at least at six month intervals thereafter to determine if the placement of outdoor displays is conducted in accordance with this approval. If the Community Development. Department determines that the method of display is inconsistent with the approved 'Plan, the conditions contained herein, the provisions of the East Tustin Specific Plan, or other applicable regulations, the applicant shall, within five (5) business days of the date of written notice from the City to do so, remove the outdoor display of merchandise. No further outdoor displays shall be placed unless a new application is submitted and approved by the City. Applicable processing fees shall be borne by the applicant. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 3506 Page 2 SITE CONDITIONS (4) 2.1 The outdoor display of merchandise shall be limited to the areas designated on the plans, and shall not exceed 990 square feet in size for the area under the canopy and behind the pillars, nor 1,600 square feet in size for the area in front of the garden center. (4) 2.2 There shall be no storage or display of any merchandise, products, plant materials or promotional activities beyond the limits defined on the approved Plans. A note shall be added to the plan stating that outdoor storage and display is only permitted in designated areas. (4) 2.3 The concrete walkway beneath the display area shall be cleared of merchandise and steam-cleaned at least once a month to eliminate the accumulation dirt and debris. (4) 2.4 The red pavement marking defining the limits of the display area shall be continually maintained and repainted regularly to ensure visibility. (4) 2.5 A minimum of two (2) signs, not to exceed six (6) square feet in size, shall be installed within the display area identifying that merchandise must remain within the red limit line. The specific wording and precise location of the signs shall reviewed and approved by the Community Development Department, prior to installation. FEES (6) 3.1 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 t'o 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.