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HomeMy WebLinkAboutPC RES 344510 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3445 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 96-004 FOR THE DESIGN OF ADVERTISING AND NON-ADVERTISING BUS SHELTERS AND NON- ADVERTISING BUS BENCHES TO BE LOCATED WITHIN PUBLIC RIGHTS-OF-WAY THROUGHOUT THE CITY. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: a. That on November 20, 1995, the City Council entered into a Franchise Agreement with Eller Media to construct and maintain advertising and non-advertising bus shelters and non-advertising bus benches to be located within public rights-of-way throughout the City; and S . That a proper application, Design Review 96-004, was submitted by Eller Media Company requesting approval for the design of such advertising and non-advertising bus shelters and non-advertising bus benches; and Ce That the said application was considered by the Planning Commission on May 13, 1996; and De That this project has been determined to be Categorically Exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act; and 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. 4. Type and pitch of roofs. · Size and spacing of windows, doors and other openings. · Landscaping, parking area design and traffic circulation. Resolution No. 3445 Page 2 · e. Location, height and standards illumination. of exterior Location and appearance of equipment located outside of an enclosed structure. · Physical relationship of proposed structures to existing structures in the neighborhood. 10. Appearance and design relationship of proposed structure to existing structures and possible feature 'structures in the neighborhood and public thoroughfares. 10 11. Development Guidelines and criteria as adopted by the City Council. II. The Planning Commission hereby approves Design Review 96-004 11 approving the design of the advertising and non-advertising bus shelters and non-advertising bus benches to be located 12 within public rights-of-way throughout the City, subject to the conditions contained in Exhibits A and B, attached hereto. 13 PASSED AND ADOPTED by the Planning Commission of the City of 14 Tustin, at a regular meeting on the 13th day of May, 1996. 15 16 17 19 BARBARA REYES Recording Secretary 20 Chairwoman 27 BARBARA RE Recording Secretary 28 STATE OF CALIFORNIA ) 21 COUNTY OF ORANGE ) CITY OF TUSTIN ) 22 I, BARBARA REYES, the undersigned, hereby certify that I am the 23 Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3445 was duly passed and 24 adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of May, 1996. 25 EXHIBIT A RESOLUTION NO. 3445 CONDITIONS OF APPROVAL DESIGN REVIEW 96-004 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans date stamped May 13, 1996 on file with the Community Development Department 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 subsequent minor modifications to plans during plan check if such modifications are to be consistent with provisions of the East Tustin Specific Plan. (1) 1.2 Unless otherwise specified, the conditions contained in the 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 and Public Works Department/Engineering Division. (1) 1.3 Design Review approval shall become null and void unless permits are issued within eighteen (18) months of the date of this Exhibit. (1) 1.4 The applicant shall sign and return an Agreement to Conditions Imposed form prior to issuance of building permits. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin for 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 REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit B -COnditions of Approval DR 96-004 Resolution No. 3445 Page 2 SHELTERS 2.1 In addition to the locations for advertising bus shelters identified in Exhibit A of the Franchise Agreement, the following additional locations are recommended for · advertising shelters: a. B. C. D. W/B Walnut FS Myford W/B Walnut FS Franklin S/B Newport. FS First St. S/B Newport NS Holt *** 2.2 The advertising panel shall be modified to be two one- sided panels not to exceed 25 square feet each side. Said panels shall be located to form a "V" with the point oriented toward the street and the angle between the two panels not to exceed 70 degrees. No back advertising panel shall be permitted. Final design of the advertising panel shall be subject to approval by the Community Development Department and the Public Works Department/Engineering Division. *** 2.3 The trash receptacle shall be Model #LRW22 with a flat top lid and'liner as identified in the approved plans date stamped May 13, 1996. The color of the trash receptacle, lid and liner shall be white to match the shelters. FEES (1) 3.1 Prior to issuance of any permits, payment shall be made (3) of all required fees as may be in effect at the time of (6) permit issuance, including but not limited to: a. Encroachment Permit fees to the Tustin Public Works Department; m o Building Division Plan check and permit fees, including electrical, to the Community Development Department for work on private property, based on the most current schedule, as may be amended prior to permit issuance. Exhibit A -C'onditions of Approval DR 96-004 Resolution No. 3445 Page 3 C. 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 3185, Chapter 1706, Statutes of 1990, to enable the City to file the Notice of Determination required under Public Resources Code Section 21151 and 14 California Code of Regulations 15094. If within such forty-eight (48) hour period that the 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. 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 (48) hours of notification, a cashier's check payable to the COUNTY CLERK in the amount of $850 (eight hundred fifty dollars) pursuant to AB 3158, Chapter 1706, Statutes of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid. EXHIBIT B RESOLUTION NO.3445 CONDITIONS OF APPROVAL DESIGN REVIEW 96-004 1.1 ADVERTISING No advertising is permitted on benches. Applicant agrees that it shall utilize the shelters for advertising material in accordance with the following: a) No advertisement or sign on any shelter shall be displayed except in the area designated for advertising. In addition and specifically, advertising signs shall not extend beyond the shelter structure and shall not exceed twenty-five (25) square feet each. Two signs per shelter are permitted, totaling fifty (50) square feet per shelter. b) The Applicant shall, upon request, transmit to the city, color copies of any advertisements proposed to be placed on shelters. Displays shall not contain advertising for alcohol or tobacco . products. Pursuant to the Tustin City Code Section 9404, the City of Tustin Planning Commission may also recommend appropriate standards for advertising to the City Council. Should the City, in its sole discretion, determine any advertising material to be found offensive, the Applicant shall.remove all such advertising material within twenty-four (24) hours after the City serves a written notice upon the Applicant to remove such advertising. c) No advertising display is to be considered public art of'any form with respect to state and/or federal statutes. d) No advertisement nor sign on any shelters shall display any work, phrase, symbol, character, or reference likely to interfere with, mislead or distract traffic, or conflict with any traffic control device. Should the City, at i~s sole discretion, determine any advertising which is likely to interfere with, mislead or distract traffic, or conflict with any traffic control system, Applicant shall remove all such advertising within twenty-four (24) hours after City serves notice upon Applicant requiring the removal of such advertising. Exhibit B -Conditions of Approval DR 96-004 Resolution No. 3445 Page 2 1.2 REPAIR AI~D MAINTENAlqCE. Applicant shall maintain, repair, clean, and service all the shelters and benches in a first class and safe condition. All improvements, fixtures, equipment, utility systems and the immediate premises which may now or hereafter exist shall be maintained in good, operable, useable and sanitary order. a. Each bench or shelter, and the immediate area around each bench or shelter,, shall be cleaned and trash receptacles emptied not less than two (2) times per week, and all repairs completed within twenty-four (24) hours of notification. Each shelter and bench and the immediate area around each shelter and bench shall be steam cleaned as needed or deemed appropriate by the City but not less than twice a year. B · If shelter or bench damage or vandalism is such that the public could be exposed to a dangerous situation while in or near the shelter or bench, the Applicant shall repair or, if necessary, remove the entire shelter or bench within twenty-four (24) hours of notification, and it immediately shall be replaced and made fully operational at the same location within five (5) working days or a mutually agreed upon time between the City and the Applicant after removal. Significant modifications to shelter design require the prior approval of the City Public Works Director and Community Development Director to assure compliance with functional and design requirements. Ce Applicant's personnel, equipment and/or vehicles shall not block automobile or bicycle travel lanes without proper warning signs and traffic delineation devices, including arrow boards, properly placed in accordance with the Work Area Traffic Control Handbook, published by Building News, Inc. De Applicant shall not knowingly permit any illegal activities to be conducted in or adjacent to shelter facilities. Applicant should make a reasonable effort to contact the proper police agency if necessary to protect property or personal safety. Exhibit B -Conditions of Approval DR 96-004 Resolution' No. 3445 Page 3 Ee Applicant shall keep the shelter and bench premises fre~ and clear of rubbish and litter and shall deposit rubbish and litter in containers approved, by the City. Waste containers at all shelters, benches and other bus stop locations specified by the City shall be emptied no less than two times each week. No offensive matter or refuse or substance constituting an unnecessary, unreasonable, or unlawful fire hazard, or material detrimental to the public health shall be permitted to remain on the shelter or bench premises and Applicant shall prevent any accumulation thereof from occurring. Fe Applicant shall take reasonable and immediate action to report and/or correct, as appropriate, any unsafe condition at any shelter or bus bench, as well as any unsafe practices occurring thereon. This includes, but is not limited to, the report of disorderly persons, loitering in or near and habitation of shelter facilities or benches and any suspected criminal activities. Applicant shall obtain emergency medical care for any employe~ who is in need thereof, because of illness, or injury occurring on shelter or bench premises. Applicant shall fully cooperate with City in the investigation of any injury or death occurring on said premises, including a prompt report thereof to the City Public Works Director/City Engineer. PERMIT REQUIREMENTS. Applicant shall apply for an Encroachment Permit from the Public Works Department. City Fees will be determined at the time of permit application. This permit will be a blanket permit covering all shelter and bench locations. The following items must be submitted at the time of permit application: ~ ae A plan showing the proposed location of each shelter and bench and such other information as Public Works Director may require. This is only.required for installations at new locations and is not required for locations where shelters are being replaced. Be Detailed plans and specifications of each proposed shelter and. bench. Exhibit B -Conditions of Approval DR 96-004 Resolution No. 3445 Page 4 Ce An affidavit or declaration of Applicant reciting that Applicant has caused the owner of the real property abutting on the public street at the place where the shelter or bench is proposed to be located to be served with notice. Such notice shall state that the.Applicant will file an application for a permit to erect the shelter or bench and that the person receiving, such notice may, within ten (10) days, object to the location of the shelter or bench and.that such objection shall be filed with the City's Director of Public Works/City Engineer. Each notice must be attached with the permit. This is only required for new installations and is not required for locations where shelters'or benches are being replaced. Documents providing executed and recorded private easements to the Applicant for each bench or shelter site, as applicable Encroachment permit review documents for all shelter and bench locations along with a letter from the Orange County Transportation Authority approving or certifying each location as a bus route stopping point where they would support placement of a shelter, based on ridership demand, and documents providing executed and recorded private easements shall be submitted to the City for review and approval. Shelters and benches are permitted only in approved bus passenger loading areas and subject to the concurrence of the Orange County Transportation Authority. Fe Applicant shall obtain, at its own cost, any necessary electrical service permits. Metered electrical charges shall be at the Applicant's sole expense. 1.4 APPLICANT STATUTORY AND REGULATORY COMPLIANCE. ae Applicant agrees that all shelters and benches shall be constructed in conformity with the Uniform Building Code, City, State and Federal regulations including those requirements under the ADA (Americans with Disabilities Act). Be Applicant shall comply with all applicable Federal, State, and local statutes and laws, rules, and regulations. Exhibit B -Conditions of .Approval DR 96-004 Resolution No. 3445 Page 5 Ce Applicant shall specifically comply with Title 23 United States Code Section 131, Subdivision C and regulations promulgated thereunder by the United States Secretary of Transportation. De Applicant shall further comply with California Business and Professions Code, Division 3, Chapter 2, Section 5200 et seq and specifically Sections 5408 to 5408.5. E. Shelter advertising shall meet traffic safety standards. F. Applicant shall comply with all traffic safety regulation while constructing, installing, operating, and maintaining all shelters and benches. G. Applicant and subcontractors shall possess and maintain all applicable licenses required by State law to perform all work in the various trades required by this agreement. 1.5 SHELTER AND BENCH DESIGN AND CONSTRUCTION SPECIFICATIONS. Except as hereinafter provided, said shelters and benches shall be so designed and constructed as to conform to the City's specifications which are included and referenced below. Each shelter shall have displayed in a conspicuous place the name of Applicant. Any design changes shall be submitted to City for City's written approval at least thirty (30) days prior to installation. Applicant shall obtain written approval of City's Director of Community Development of all design changes before installation and may be required to submit design changes to the City Planning Commission for approval. ae Ail work performed on each shelter or the shelter site must conform to the requirements contained in the latest edition of the Standard Specifications for Public Works' Construction and all City Building and Electrical codes. In addition, all work must comply with the conditions of the required encroachment permit issued for each location and the conditions of the Tustin Community Development Department. 'All shelters will be subject to the City.of Tustin Design Review procedure. All necessary. City building permits must also be obtained by the franchisee. Exhibit B -Conditions of Approval DR 96-004 Resolution No. 3445 Page 6 Be Ce De Ee Ail final designs and plans shall be signed and stamped .by a California Registered Civil or Structural Engineer, as applicable, before they will be accepted for design review or location approval. Fo Before any shelter may be installed in the city of Tustin, it shall be reviewed for adequate design by the Community Development Department for electrical wiring and appurtenances, structural integrity, and general soundness of design. Prior to construction of any shelters, a location drawing shall be prepared for each proposed shelter site and shall contain a minimum twenty (20) feet to one-inch scale (1"=20' scale) representation of the proposed shelter site, covering the area from the adjacent property line to the street centerline at the intersection. Mid-block sites may be shown with broken line ties. The drawing shall tie the shelter location to the closest curb return and give the distance from the existing curb and adjacent property line to the shelter. It shall also show the location of manholes, catch basins, fire hydrants, poles, trees, and other above- ground facilities within fifty (50) feet of the proposed shelter. The drawings shall be prepared in ink on standard 24" x 36" plan mylar using standard City title 'bl.ocks. Ail future shelter sites shall be approved by the City and the Planning Commission. In no case shall a shelter be located on any residentially zoned streets, unless approved by the City. Shelters may only be located on commercially zoned arterials. The City may supply the Applicant a list of preferred shelter sites. Ail proposed shelter sites shall be subject to the following screening process: i · No shelter site will be approved which would result in a shelter being closer than ten (10) feet to a driveway. · No shelter s'ite shall be approved which will result in a shelter being located over a storm drain. Exhibit B -Conditions of Approval DR 96-004 Resolution No. 3445 Page 7. Ge He I · Jo Ke ne M· · No shelter site shall be approved which will re§ult in a shelter being placed in such a position that 'less than four (4) feet of contiguous sidewalk remains useable. · Ail sites are subject to approval by the City staff, City Planning Commission, and the Orange County Transportation Authority based upon ridership demands, the safety of bus riders, traffic and pedestrians. 5. Every shelter shall be wheelchair accessible. In the event that the City and Applicant cannot agree on the .location of a site,, the City's decision on the location shall be final. Ail shelters shall be of the same design,, wherever used throughout the City, unless alternate designs are approved by the City. Modifications of structures may be permitted if a unique situation warrants. Shelters shall be covered, but do not have to be enclosed structures. The roof shall be supported by four corner steel columns, aluminum clad, or other similar construction materials. The shelter roof shall be designed to increase protection from the rain and sun. The space between all partitions, ad panels, and sidewalk shall be a minimum.of six (6) inches to accommodate a blind person's touching cane. This may be accompl, ished with either a larger glass panel, a deeper bottom glass support or'a flange attached to the bottom of the glass support. No telephones, vending machines,.kiosks, news racks, or any other devices not specifically in' these specifications shall be permitted to be installed on or near the shelters. Obtaining any necessary easements for the construction of a shelter shall be the responsibility of the Applicant. Al'l/ad panels shall be locked or secured in a manner that will eliminate, or discourage vandalism. Exhibit B -Conditions of Approval DR 96-004 Resolution No. 3445 Page 8 1.6 ADVERTISING PANELS: ae Only one, two-sided, back-lighted ad panel per shelter will be allowed. Be Ail ad panels shall be constructed of anodized or painted aluminum and tempered safety glass. 1.7 ALLOWABLE SIZE OF SHELTER: Height: Length: Width: Minimum of 7'6" 13'6" to 18' 4'6" to 5'6" In the event a shelter is desired at a location which will not permit construction of the standard shelter meeting the allowable sizes, unique designs may be considered by the City. 1.'8 WHEELCHAIR ACCESS: Ail shelters shall be designed to accommodate wheelchairs and meet all Americans with Disabilities Act (ADA) specifications. 1.9 SHELTER SEATING: Minimum bench length - 5' Minimum bench width - 1'6" The bench shall.be located such that a wheelchair can be placed alongside the bench within the shelter. 1.10 SHELTER LIGHTING: Every shelter shall be illuminated from dusk until dawn by an overhead' energy efficient, fluorescent lighting system, concealed in the roof structure. Failure to light the shelters at night shall be grounds for cancellation of the Agreement. Applicant shall be responsible for all electrical charges. Solar powered electrical lighting systems will be considered. The Applicant shall demonstrate the ability to have consistent non-stop lighting between dusk and dawn ~nd during times of inclement weather. Exhibit B -Conditions of Approval DR 96-004 Resolution No. 3445 Page 9 All'internal electrical components and wiring of each model shelter used shall be approved by the City Building Division before, during and after installation. All construction shall be subject to inspection by the Community Development Department.. 1.11 SHELTER DRAINAGE: Ail shelters shall be designed to prevent dripping water over the edges and for a proper drainage system, with water exiting at approximately sidewalk level. 1.12 FOUNDATIONS: Ail post foundations shall be designed in accordanc~ with the Uniform Buildinq Code, latest edition adopted by the City. 1.13 TRASH RECEPTACLES: Each shelter shall have at least one (1) covered trash receptacle, designed and placed to promote maximum usage by shelter patrons. Trash receptacles shall be durable and decorative and consistent with design of the bench and shelter. Preliminary plan sketches should include the details for the trash receptacle. Final design shall be subject to approval by the City Planning Commission. 1.14 SHELTER SIGNAGE Applicant shall ensure that bus route information, City logo, and OCTA logo are displayed in and around the shelter. OCTA bus route information shall be displayed in a secured frame or sleeve constructed as part of the inside of the shelter.. Where appropriate, the name of the nearest cross street shall be placed upon the roof facia on both ends of the shelter. Minimum letter size for this sign shall three (3) inches high and two and one-half (2-½) inches wide. Applicant(s) shall affix, in a conspicuous area standard on each shelter, in each shelter, an owner identification plaque, that includes his business name, address and telephone number. 1.15 SHELTER CONSTRUCTION SPECIFICATIONS: No welding except for foundation work shall be permitted at the site. Exhibit B -Conditions of Approval DR 96-004 Resolution No. 3445 Page 10 Ail concrete finishing shall conform to the Standard Specifications for Public Works Construction, latest edition, and City of Tustin Public Works Construction Standards. Applicant shall have quality control supervisors working (not sub-Applicants) at every construction site for a minimum of one (1) hour per working day, during installation of the shelter and its appurtenances. 1.16 BUS BENCHES: Bus benches shall be approved by the City prior to installation. The benches shall be part of the bus shelter. The benches shall not be attached to the shelter, but located under the shelter. Individual seating (i.e. stool-type seats) will be considered by the City. Color and material samples must be submitted to and approved by the City, as well as color elevations of all sides, materials board and colors scheme, and trash receptacle detail. Stand alone bus benches (those not placed in a bus shelter) shall be the current design for bus benches accepted by the City of Tustin. 1.17 RELEASE FOR USE AND ACCEPTANCE BY CITY Shelters and benches sh~ll be released for utilization by the public and the Applicant only upon the written approval and acceptance of the City Building Department and City Public Works Department. This may occur for individual shelters or benches or for more than one on each occasion.