Loading...
HomeMy WebLinkAboutPC RES 34921 RESOLUTION NO. 3492 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING ADMINISTRATIVE ADJUSTMENT 96- 001 AND DESIGN REVIEW 96-019 AUTHORIZING THE CONSTRUCTION OF A 3,330 SQUARE FOOT FREESTANDING DENTAL/OFFICE BUILDING ON THE PROPERTY LOCATED AT 12581 NEWPORT AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows' A· That proper applications, Design Review 96-019 and Administrative Adjustment 96-001, were filed on behalf of Signe Belden, MD, requesting approval of a 3,330 square foot freestanding dental/medical office building on the property located at 12581 Newport Avenue. B· That this item was considered .by the Planning Commission on October 28, 1996. 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. · · · · Type and pitch of roofs· Size and spacing of windows, doors and other openings. Towers, chimneys, roof structures, flagpoles, radio and television antennae. .. Landscaping, parking area design and traffic circulation. · Location, height and standards of exterior illumination. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3492 Page 2 · 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. De Pursuant to Section 4.7A7 of the Newport Warren Planned Community regulations, the Commission finds that, .as conditioned, the intent Of the parking regulatigns is preserved; the parking provided will be sufficient to serve proposed and potential uses; the decrease will not be detrimental to the public health, safety or general welfare or materially injurious to properties located in the general vicinity. In addition, there are practical difficulties or benefits of improved design which justify the deviation, and the adjustment is not in conflict with the objectives or the general intent of the specific plan. Ee 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. Fo 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. Go 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 ko be consistent or has been conditioned to be consistent with the Air Quality Sub-Element. II. The Planning Commission hereby' conditionally approves Design Review 96-019 authorizing the construction of a 3,330 square foot dental/medical office building and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2'7 28 Resolution No. 3492 Page 3 Administrative Adjustment 96-001 to permit a reduction of required parking from 20 spaces to 18 on the property located at 12581. Newport Avenue, 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 28th day of October, 1996. LOU BONE- Chairman 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. 3492 was duly passed and adopted at a regular meeting of the Tustin Planning' Commission, held on the 28th day of October, 1996. Recording Secretary EXHIBIT A RESOLUTION NO. 3492 CONDITIONS OF APPROVAL DESIGN REVIEW 96-019 ADMINISTRATIVE ADJUSTMENT 96'-001 GENERAL (1) 1.1 .The proposed project shall substantially conform with the submitted plans for the project date stamped October 28, 1996 on file with the Community Development Department, as herein modified, or as modified by the Director bf Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications 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 by the Community Development Department. ~1) 1.3 The subject project approval shall not become valid unless and until the City Council approval of Zone Change 96-001 is finalized and shall become null and void unless permits fo~ 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 ~equest is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Design Review 96-019 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 and defend the City of Tustin harmless for all claims and liabilities arising out of City' s approval of the entitlement process for this project. 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. 3492 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. All 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) (3) C~ 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: 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. · 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. (3) 2.Z Complete hazardous material questionnaire and the air quality questionnaire and submit to Building Division and the proper agencies. And if the'answer to. any of the questions, is "yes", please provide a note on plans that: "Clearances from Hazardous Material Disclosure office and .from Air Quality Management District shall be submitted to the Building Division prior to final inspection." Exhibit A Resolution No. 3492 Page 3 (3) 2.3 Ail walls within 20 feet of the property line shall be one-hour fire-rated construction and openings within 10 feet of the property line sh'all be fire rated. No opening shall be allowed less than 5 feet to property line. (3) Z.4 Ail areas of tenant space and site shall be accessible to persons with disabilities including private sanitary facility, lockers and medical gas/lab areas. The accessible Parking space shall be a van accessible with 8 feet wide access aisle. SITE AND BUILDING CONDITIONS (5) 3.1 A separate 24" x 36" street improvement plan, as prepared by a California Registered Engineer, will be required for all construction within thee public right-of-way. Construction and/or replacement of any missing or damaged public improvement adjacent to this parce~ will be required to include, but not limited to the following: · . Curb and gutter Sidewalk Drive apron Underground utility connections. (1) ~.Z Note on final plans that a six-foot-high chain linked fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter o~ the site for construction vehicles. (1) 3.3 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 from Newport Avenue. (1) 3.4 Exterior elevati'ons 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. Exhibit A Resolution No. 3492 Page 4 (1) 3.5 Indicate lighting scheme for project, note locations of (4) all exterior lights and types of fixtures on the elevations. Lights 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. Parking lot light fixtures shall not exceed 10 feet in height. The 'locations and types of light fixtures shall comply with the City's Security Ordinance and shall be located'as far as practical from the rear property line, subject to the approval of the Community Development Department during plan check. (1) 3.6 The proper~y 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 structures and adjacent faci-lities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. (1) 3.7 Ail. signs require separate permit and shall comply with the provisions of the Tustin Sign Code and the design guidelines of the NewPort Warren Planned Community regulations. (5) 3.8 This parcel will require annexation to the Tustin Landscape and Lighting District. The Public Works .Department/Engineering Division will require a letter from the property owner stating this annexation will not be protested. (5) 3.9 The applicant shall provide a trash enclosure on the subject property. Details of the' trash enclosure shall be architecturally consistent with the main structure and subject to approval by the Community Development Department during plan check. Exhibit A Resolution No. 3492 Page 5 (2) 3.'10 I~, 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. Establish alternate hours of operation. bo Reduce the demand for parking. C · 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 Administrative Adjustment 96- 001. 3.11 Prior to the establishment of any use within' the. future expansion area, the applicant shall obtain all applicable City approvals and building permits for the related improvemen.ts. LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS fl) '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 Community 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, Exhibit A Resolution No. 3492 Page 6 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 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: no Turf is unacceptable for grades over 25%. A combination of planting materials must be used, ground cover on large areas along is not acceptable. B . Provide a minimum of one 15-gallo~ size tree and five 5-gallon size shrubs for every 30 feet of property line on the perimeter of the project. C. Shrubs shall be spaced a minimum of 5 feet on center. Do Ground cover shall be planted between 8 to 12 inches on center. E . Fences, . walls and equipment areas, shall be screened with shrubs and/or vines and trees. F . 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. G. Earth mounding is essential and must be provided to applicable heights whenever it is possible in conjunction with the submitted landscaping plan. Earth mounding should be particularly provided at project entries and along the backbone road. Exhibit A Resolution No.. 3492 Page 7 Ho Major points of entry to the project, courtyards and pedestrian internal circulation routes shall receive specimen trees to create an identification theme. (1) 4.3 Two additional 15-gallon trees shall be provided along the south perimeter of the property.,' continuing the design and species proposed on other portions of the site, subject to review and approval of the Community Development Director. (1) 4.4 The landscape buffer located along the rear property line shall be increased to a minimum of 8 feet in width and' shall include a minimum of 2 additional 15-gallon trees, spaced 20 feet on center. The trees shall be of a specie that will create and opa.cfue screen above the wall within 24 months of initial planting, as required by the Newport Warren Planned Community. (1) 4.5 Ail new and existing masonry walls located along the site boundaries shall be a minimum of 6 feet, 8 inches in height, subject to review and approval of the Community Development Director. .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, indicating public or · private. If the system is private, the system shall be reviewed and.approved by the Fire Chief and provision shall be made for 'the repair and maintenance of the system.. (5) 5.2 Prior to the issuance of any building permits, 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. Exhibit A Resolution No. 3492 Page 8 (5) 5.3 Prior to the issuance of an~ 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 Authority 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. All forms of materials are to be converted to units of measure in pounds, gallons and cubic feet. (5) 5.4 Prior to the issuance of any building permits, the applicant shall submit a detailed letter of intended use for each building. (5) 5.5 Prior to approval of a site development permit, or the 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. 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. NOISE (1) 6.1 Ail construction operations, including engine warm up and deliveries of materials and equipment, shall be subject to the provisions of the City of Tustin Noise Ordinance as amended, and may take place only during the'hours of 7:00 a.m. until 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday, unless the Building Offidial determines that said activity will be in substantial conformance with the Noise. Ordinance and the public health and safety will not be impaired, subject to application being made at the time the permit for the work is awarded or during progress of the work. No Sunday or holiday construction shall be permitted. Exhibit A Resolution No. 3492 Page 9 FEES (1) 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. no Building plan check and permit fees to the Community Development Department based on the most current schedule. B o New development fees in the amount of $.10 per square foot of floor area to the Community Development Department. Co School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. D . Orange County Sanitation District No. 7 sewer connection fees to the Tustin Public Works Department. The current fee is calculated as follows: S470 x S.F. of Buildinq Area or $2,350.0 minimum 1000 Plus front footage of parcel x $6.00 or $400 minimum E . Payment of the major thoroughfare and bridge fees will be required at the time a building permit is issued. The current fee is $2.84 per sq. ft. of building area.. F. Payment of the East Orange County Water District fee will be required prior to installing the water service. Exhibit A Resolution No. 3492 Page 10 (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.