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HomeMy WebLinkAboutPC RES 34771 RESOLUTION NO. 3477 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, CONDITIONALLY APPROVING. CONDITIONAL USE PERMIT 96-018 AND DESIGN REVIEW 96-030 TO ALLOW CONSTRUCTION OF A 9,745 SQUARE FOOT AUTO AND TIRE SERVICE FACILITY LOCATED EAST OF K-MART ON LOT 5 OF TRACT 14610. .- 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 for Conditional Use Permit 96-018 and Design Review 96-030 were filed on behalf of Henry Kumagai requesting approval of a 9,745 square foot auto and tire service facility east of K-Mart on Lot 5 of Tract 14610. B . That a public hearing was duly called, noticed and held on said applications on September 23, 1996 by the Planning Commission. C· Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 96-030 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. 4. 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.. . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 .28 Resolution No. 3477 Page 2 D .. 8. Location, height and standards of exterior illumination. . Location and appearance of equipment located outside of an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. That establishment, maintenance, and operation of an auto and tire service facility 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, evidenced by the following findings: . Existing infrastructure improvements can adequately accommodate the traffic volumes generated by the proposal. · The architectural design of the building' has incorporated a wrap-around building design and roll-up doors to provide a more retail appearance and to improve the aesthetics of the structure. · As conditioned, the signs will be turned off within 30 minutes after closing to minimize the glow to the surrounding properties. As conditioned, the hours of operation would be limited to 7:00 a.m. to 9:'00 p.m., Monday through Friday, 7:30 a.m. to 8:30 p.m., on Saturday, and 8:30 a.m. to 5:00 p.m., on Sunday. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3477 Page 3 . The use of repair equipment shall comply with the City Noise Ordinance and would use mufflers to minimize noise levels. E · That the establishment, maintenance and operation of the proposed use will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as stated above. F 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. II. The Planning Commission hereby approves Conditional Use Permit 96-018 and Design Review 96-030 allowing construction of a 9,745 square foot auto and tire service facility east of K-Mart on Lot 5 of Tract 14610, subject to the conditions contained' in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 23rd day of September, 1996 LOU BONE / ~~~~~ Chairman BARBARA REYES ~ 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. 3477 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day' of 1996~ Recording Secretary EXHIBIT A CONDITIONS OF APPROVAL RESOLUTION NO. 3477 CONDITIONAL USE PERMIT 96-018 AND DESIGN REVIEW 96-030 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 23, 1996, 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 Director may also approve minor modifications to the plans if such modifications are determined to be consistent with the approved plans. (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 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 The applicant and property owner shall sign and return an Agreement to Conditions Imposed form prior to issuance of building permits. (1) 1.5 The. applicant shall hold and defend the City of Tustin. harmless from all claims and liabilities arising out of the City's approval of the entitlement process for this project. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS Exhibit A Resolution No. 3477 Page 2 PLAN SUBMITTAL 2.1 At.building plan check the following 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. (2) B. (3) Preliminary 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) C. (3) Final grading and specifications consistent with the site plan and landscaping plans, prepared by a registered civil engineer for approval of the Community Development Department and based on the Orange County Surveyor's bench mark datum. (2) D. (3) A precise soils engineering report provided by a soils engineer within the previous twelve (12) months as determined by the Building Official. (4) 2.2 Architectural plans submitted for plan check shall bear the approval of the project architect for the center. (2) 2.3 Prior to issuance of any building permits, all requirements of the TR/TDM Program for the Center shall be satisfied, subject to review and approval of the Public Works/Engineering Division. OPERATIONAL STANDARDS (5) 3.1 The hours of operation for the auto and tire service facility shall be limited to 7:00 a.m. to 9:00 p.m., Monday through Friday, 7:30 a.m. to 8:30 p.m., on Saturday, and 8:30 a.m. to 5:00 p.m., on Sunday. ( 5 ) 3.2 Service technicians Shall not test drive repaired vehicles in the surrounding Tustin residential neigh- borhoods. They shall be instructed to test drive in adjacent commercial/industrial areas. Exhibit A Resolution No. 3477 Page 3 SITE AND BUILDING CONDITIONS (4) 4.1 Provide exact details for exterior'doors and window types on. construction plans. Doors and windows shall be consistent with design for the center. (4) 4.2 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) 4.3 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) 4.4 Provide plans and details for all lighting fixtures. Note locations on site plan and building elevations. (4) 4.5 Ail exposed metal flashing or trim shall be painted to match the building. (1) 4.6 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 of the site for construc- tion vehicles. (1) 4.7 Exterior elevations Of the building shall indicate any (4) fixtures or equipment to be located on the roof of the building and equipment heights. The building parapet 'shall be an integral part of the building design, and shall screen all roof mounted equipment. All roof- mounted equipment and vents shall be a minimum of. six inches below the top of the parapet. (4) 4.8 Ail roof access shall be provided from the inside of the building. Exhibit A Resolution No. 3477 Page 4 (4) 4.9 No exterior downspouts shall be permitted; all roof drainage shall utilize interior piping, but may have exterior outlets at base of building. (4) 4.10 Six (6) inch continuous concrete curbing shall be used adjacent to the drive aisle and sidewalks, except where required to satisfy handicap access requirements. (4) 4.11 Roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. (4) 4.12 Indicate the location of. all exterior mechanical equipment. Gas and electric meters shall either be enclosed in the building or boxed behind a screen wall designed consistent with the main building. (4) 4.13 Note on plans that outdoor storage shall be prohibited. NOISE (1) 5.1 Ail construction operations, including engine warm-up, deliveries of materials and equipment, shall be subject to the provisions of the City of Tustin Noise Ordinance shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday throug~ Friday, and 9:00 a.m. to 5:00 p.m. on Saturday unless otherwise determined by the Building Official. (4) 5.2 Construction hours shall be clearly posted on the site to the satisfaction of the Building Official. (4) 5.3 The use of outdoor speaker system for the facility shall be prohibited. Any interior speakers shall be subject to the provisions of the City of Tustin Noise Ordinance. (4) 5.4 The air compressor shall be enclosed within the building so as to minimize the noise. The "air guns" shall be maintained with a muffler, to minimize noise. All repair equipment and machines used on-site shall be subject to the provisions of the City of Tustin Noise Ordinance. Exhibit A Resolution No. 3477 Page 5 LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (1) 6.1 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. 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) 6.2 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. C. When one (1) gallon plant sizes are used, the spacing may vary according to materials used. Exhibit A Resolution No. 3477 Page 6 D. 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) 6.3 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. SIGNS (4) 7.1 Business identification wall signs, including logos, shall comply with the following standards: .a. Tenant identification shall be limited to a maximum of 180 square feet aggregate copy area allocated as desired among up to four building elevations. Any deviation in excess of 'that shall be approved by the Director of the Community Development Department. (4) 7.2 Ail incidental signs for this project including entry, exit, yield and handicap signs, shall be designed consistent with such signage used elsewhere in the center, subject to review and approval by the Community Development and Public Works Departments. (4) 7.3' No sign component shall flash, blink or be otherwise animated. Such animation is strictly prohibited. *** 7.4 Ail exterior illuminated signs shall be installed on a timer so that the illumination is turned off within 30 minutes after closing time of the establishment. WATER QUALITY MANAGEMENT PLAN (5) 8.1 Prior to issuance of building permits, the applicant shall submit for approval by the Community .Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on site to control predictable pollutant run-off. This WQMP shall identify: the structural and non-struc- Exhibit A Resolution No. 3477 Page 7 rural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assign- ment of long-term maintenance responsibilities (specify- ing the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. FIRE DEPARTMENT (5) 9.1 Prior to the issuance of any building permits, plans for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a certificate of use and occupancy. (c) 9.2 Prior to the issuance of any building permits, the applicant shall submit a detailed letter of intended use for each building to the Fire Chief for review and approval. (c) 9.3 Prior to the issuance of any building permits, the applicant shall 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. (c) 9.4 Prior to approval of a site development/use 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. 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~ (c) 9.5 Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire Chief's approve of the construction details for any access gate. Contact the Orange County Fire Authority Plan Review Section at (714) 744-0403 for a copy of the "Guidelines for Fire Authorfty'Emergency Access". Exhibit A Resolution No. 3477 Page 8 (c) 9.6 Prior to the issuance of any building permits, 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. FEES (1) 10.1 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: ao Ail applicable plan check and permit fees to the Community Development Department, based on the most curren~ schedule, as may be amended prior to permit issuance. B . New development fees to the Community Development Department in the amount of $.10 per square foot or as may be amended p~ior to permit'issuance. C. School facilities fees to the Tustin Unified School District, subject to any agreement reached and executed between the District and applicant. Do E · Sewer and water connection fees to the Irvine Ranch Water District, and Major thoroughfare and bridge fees to the Tustin Public Works Department in the amount of $2.90 per square foot of floor area, or as may be amended prior to permit issuance. *** 10.2 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) pursuant to AB 3158, Chapter 1706, Statues of 1990, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the approval for the project granted herein shall be considered automatically null and void. Exhibit A Resolution No. 3477 Page 9 In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (~8) hour of notification, a cashier's check payable to the COUNTY CLERK in the amount of $1,250 (one thousand, two hundred fifty dollars) pursuant to AB 3158, Chapter 1706, Statues of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid.