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HomeMy WebLinkAboutPC RES 34721 RESOLUTION NO. 3472 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, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 96-030, AUTHORIZING THE CONSTRUCTION OF AN APPROXIMATE 151 SPACE PARKING LOT AT 14381 FRANKLIN AVENUE TO ACCOMMODATE REQUIRED PARKING FOR AN EXISTING BUILDING AT 14352 FRANKLIN AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission 'finds and determines as follows: ae That a proper application for Conditional Use Permit 96-030 was filed by PairGain to request authorization to construct an approximate 151 space parking lot at 14381 Franklin Avenue to accommodate required parking for an existing building at 14352 Franklin Avenue; B· Ce De That off-site parking is allowed within the Planned Community - Industrial Zoning District (Section V.E.1 of the Irvine Industrial Complex Regulations - Walnut); That a public hearing was duly called, noticed and held on said application on September 23, 1996 by the Planning Commission; 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: 1) The proposed use, as conditioned, will not be detrimental to the surrounding properties in that the parking lot will be constructed to City Design standards ensuring proper vehicular and pedestrian circulation, lighting and landscaping. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3472 Page 2 2) As conditioned, the use will not have a negative affect on surrounding property owners, or impact the availability of off-street parking in that the parking required by the facility located at 14352 Franklin Avenue will be satisfied by the parking facility provided at 14381 Franklin Avenue. Ee This project has been determined to be Categorically Exempt (Class 11, construction of small parking lots) pursuant to Section 15311 of the California Environmental Quality Act; and, Fe 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 96-030, to authorize the construction of an approximate 151 space parking lot at 14381 Franklin'Avenue to accommodate required parking for an existing building at 14352 Franklin 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 .23rd day of September, 1996. LOU BONE Chairman BARBARA REYES~ Recording Secretary 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3472 Page 3, 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. 3472 was duly passed and a~opted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of September, 1996.. Recording Secretary EXHIBIT A CONDITIONAL USE PERMIT 96-030 CONDITIONS OF APPROVAL RESOLUTION NO. 3472 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, 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 twelve (12) 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 within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 96-030 is contingent upon the applicant and property owners signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant and property owner 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 (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 - Resolution No. 3472 Conditions of Approval Page 2 USE RESTRICTIONS (1) 2.1 A deed restriction shall be prepared by the applicant to provide for the reservation of required reciprocal parking and access between the subject properties which shall run with the l'and and remain in effect as long as parking for the use at 14352 Franklin Avenue is required at 14381 Franklin Avenue. Said Deed restriction shall be submitted to the Community Development Department for review and approval by the City Attorney. Once approved by the City Attorney, the Deed restriction shall be recorded on the subject properties in the office of the County Recorder. Said Deed restriction shall be recorded prior to the issuance of any permits for the project. The provisions of the Deed restriction shall not be modified or amended without the approval of the City of Tustin. (1) 2.2 Any outdoor storage area shall be screened from street (4) view, identified on the construction plans, and specifically approved by the Community Development Department. In no event may required and/or designated parking spaces be used for outdoor storage of equipment or materials. (1) 2.3 The applicant shall construct a minimum five (5) foot (7) wide, curb adjacent, utility clear sidewalk along the frontage of 14381 and 14352 Franklin Avenue. The sidewalks shall conform to the current Americans with Disablities Act requirements. (1) 2.4 Any 'damage done to existing street improvements and utilities shall be repaired before acceptance by the Public Works Department of the project and/or issuance of a Certificate of Use and Occupancy. (1) Z.5 The applicant shall prepare a Trip Reduction/ Transportation Demand Management Plan (TR/TDM) for this project in accordance with City Ordinance 9902. The plan shall be submitted to and approved by the'Public Works Department. Exhibit A - Resolution No. 3472 Conditions of Approval Page 3 PLAN SUBMITTAL (1) 3.1 At building plan check, submit three (3) sets of the following: ae Construction, site ~mprovement ahd grading plans in accordance with applicable Building Codes. Compliance with approved plans shall be inspected by the Community Development Department during construction and prior to final inspection. B® A photometric study for the parking lot property to demonstrate compliance with the City's Security Code which requires a minimum of one (1) footcandle of illumination on the parking lot surface. Ce De Manufacturers fixture details of the parking lot lighting fixtures which should be architecturally consistent with the design of the project. ~ixtures should direct light rays downward and not produce light or glare which negatively impacts adjacent units, properties or public right-of-way. Complete landscaping and irrigation plans with information and details consistent with the City's Landscaping and Irrigation. Guidelines. E. An Erosion and Sedimentation control plan. (1) 3.2 The building shall comply in all respects with 'the Building Code, other related codes, City Ordinances and state and federal laws and regulations. (1) 3.3 A separate 24" x 36" street improvement plan, as prepared by a California registered Civil Engineer, for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to Franklin Avenue. Said plan shall include, but not be limited to the following: ae C. D. E. Curb and gutter Sidewalk Drive Aprons Signing/striping plan Street paving In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. Exhibit A - Resolution No. 3472 Conditions of Approval Page 4 (1) 3.4 Prior' to any work 'in the public right-of-way, an Encroachment Permit must be obtained from the Public Works Department. _ SITE PLAN (6) 4.1 Both horizontal and vertical intersection sight lines will need to be checked per OCEMA Standard No. 1117 for all affected streets. The site lines need to be shown on the grading plan and landscape plan. Ail landscaping within the limited use area will need to comply with OCMEA Standard No. 1117. (1) 4.2 Current Federal Americans with Disabilities Act (ADA) (5) requirements will need to be met at the drive entrances. this may require construction'of a minimum four foot wide sidewalk with a maximum cross slope of two percent behind the drive aprons (a. maximum 10% drive apron slope) will be permitted. This construction will require dedication of additional right-of-way to accommodate the sidewalk construction. Provide legal descriptions and sketches as prepared by a California registered Civil Engineer or California Licensed Land Surveyor. The applicant shall submit plans to the Engineering Division for review and approval. (1) 4.3 The proposed 25 foot wide drive entrance to the new (5) parking lot will need to be a minimum of 27 feet consistent with City Standards for a two-way drive. FEES (1)' 5.1 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. ae Building plan check and permit fees to the Community Development Department based.on the most current schedule.. Be Ce New development fees in the amount of $.10 per square foot of added gross floor area to the Community Development Department. Trahsportation System Improvement Program (TSIP), Benefit Area "B" fees in the amount of $3.31 per square foot of added gross floor area- to the Community Development Department. Exhibit A - Resolution No. 3472 Conditions of Approval Page 5 De Major thoroughfare and bridge fees in the amount of $2.90 per square foot of added gross floor area to the Tustin Public Works Department. E · School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. (1) 5.2 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 bf the California Environmental Quality Act could be significantly lengthened.