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HomeMy WebLinkAboutPC RES 33585 10 11 12 13 14 15 16 17 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 3358 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 95-006, TO APPROVE A TEMPORARY OUTDOOR SALES AREA AND MODIFY CONDITIONS OF APPROVAL FOR THE RETAIL 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: a · That proper applications for Design Review 95-006 were filed on behalf of The Home Depot requesting approval of an outdoor sales area in front of The Home Depot store located at 2782 E1 Camino Real and to modify previously adopted conditions of approval. B · Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 95-006 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: Height, bulk and area of buildings. Setbacks and site planning. Landscaping, parking area design and ~raffic circulation. Location, height and standards cf exterior illumination. Location and method of refuse sLoraae. Physical relationship of proposed improvements to existing structures in the neighborhood. Appearance and design relationship of proposed improvements to existing structures and possible future structures in the neighborhood and public thoroughfares. Development Guidelines and criteria as adopted by the City Council. 10 11 12 13 14 15 -6 18 2O 22 24 25 26 27 28 Planning Commission Resolution No. 3358 Page 2 C o Tt~at 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. m . 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. E · That the proposed outdoor display of home improvement materials and garden supplies 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-garden retail outdoor sales areas within the center. F o The proposed outdoor display, as conditioned, will not have a negative impact on surrounding properties or uses. G o The display areas will be screened from view from public s~reets and will be placed directly adjacent tc %he buildinc to minimize conflicts with medesurian circuiazion. ii. The Dla ~ ' ~ , _ n,._ng Com~,zssion hereby approves Design Review ~5- 006 ~c approve a temporary oumdoo~ sales area on the sidewalk for = limited time period in ~ront of the s~o~e located a~ 27&2 E1 Camino Rea!, subjecm to the conditions connained in Exhibit A, attached hereto. 5 10 11 12 13 14 15 16 17 19 2O 21 22 23 24 25 26 27 28 Planning Commission Resolution No. 3358 Page 3 iii. Condition 3.15 of Planning Commission Resolution No. 2464 is hereby amended to read as follows: "The temporary outdoor storage and display of merchandise is conditionally permitted on the sidewalk only in front of The Home Depot store located at 2782 E1 Camino Real. Said approval is permitted only on a temporary basis and will expire on September 4, 1995, unless the Planning Commission approves additional time. All other tenants are prohibited from having outdoor storage or open pallet storage, unless in compliance with the provisions of the Tustin City Code and the East Tustin Specific Plan. Any pallet storage areas shall be completely screened by an enclosure. IV. Condition 3.1 of Planning Commission Resolution No. 3292 is hereby amended to read as follows' "The temporary outdoor display of merchandise on the sidewalk in front of The Home Depot store located at 2782 E1 Camino Real, is permitted subject to the conditions identified in Planning Commission Resolution No. 3358. Said approval is permitted only on a temporary basis and will expire on September 4, 1995, unless the Planning Commission approves additional time. The storage of materials above the garden area perimeter wall is prohibited. The Home Depot shall reimburse the City for all costs incurred by the City, including all reasonable attorney's fees, in enforcing the provisions of this condition. In the even% there is a violation, the City may a~sc require ~ ~ _ . .,~e Home Debt% ~c DOSt a cash bond in the amount of Si0,000 nc cover costs of enforcemen5. Prior to issuance of a bui!dinc permit, The Home Depot sha!~ sign a separate agreement evidencing ius consent tc ~his." · / BARBARA REYES ~ Recording Secretary PASSED AND ADOPTED by ~he Planninc Commission of the City of Tus%in, at a regular meeting cn the 22nd day of May, 1995. Chairp/~rson / 10 il 12 13 14 15 -6 '7 Planning Commission Resolution No. 3358 Page 4 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. 3358 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of May, 1995. Recording Secretary £2 24 ~6 EXHIBIT A DESIGN REVIEW 95-006 CONDITIONS OF APPROVAL RESOLUTION NO. 3358 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date-stamped May 8, 1995 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 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. In addition, a separate agreement shall be executed by the applicant, subject to City Attorney approval, acknowledging and accepting the recuirements stated in Condition 2.4 below. -- (1) 1.5 The app!~cant shall hold and de~-end the Ci",' cf Tustin harr, iess =o~' all claims and ~ ~ ~ ~ ~ ~=~ _.a ..... =es ar___nc out of Uhe City's approval of the entit!emen- 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 Exhibin A Design Review 95-006 Conditions of Approval Page 2 PLAN SUBMITTAL (3) 2.1 At building plan check the following shall be submitted- A, Final screen wall design details shall be consistent with the site plan, and shall be approved in writing by the property owner prior to submittal to the City. B · Final construction plans shall show the exact location of the existing garden area perimeter wall as well as existing landscaping and any landscaping proposed to be relocated. C . The screen wall shall be reduced in height to 48 inches from finish grade, and shall be designed to be compatible with the garden area perimeter wall. D . The screen wall shall be located so that there is a minimum clear distance of 48 inches provided on the sidewalk at the top of curb ramps for disabled access. E . A physical barrier (of a decorative design) shall be installed at the eastern edge of the display areas located under the building canopy, between the pillars, to prevent the merchandise from extending into the wa!kways. The plans shall indicate the design, cclor and location of these Oarriers, which shall be reviewed and approved by the Community Development Department. The m!ans shall identify the -ype, desicn and location of pavement markincs proposed to define the specific areas desicnated =o~ outdoor displays. SITE ~O S COR~_ N (4) 3.1 Outdoor displays shall be limited to the weekends (Friday, Saturday and Sunday) and may be permitted on the holiday weekends of May 26 through 29, June 30 through July 4 and September 1 through 4, 1995. Display areas shall be cleaned and free of dirt and debris no later than the morning after the weekend or holiday period. Exhibi~ A Design Review 95-006 Conditions of Approval Page 3 (4) 3.2 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 1,400 square feet in size for the area in front of the garden center. (4) 3.3 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 plans stating that outdoor storage and display is only permitted in designated areas. (4) 3.4 The Home Depot shall reimburse the City for all costs incurred by the City, including all reasonable attorney's fees, in enforcing the provisions of the subject Design Review. In the event there is a violation, the City may also require The Home Depot to post a cash bond in the amount of $10,000 to cover costs of enforcement. Prior to issuance of a building permit, The Home Depot shall sign a separate agreement evidencing its consent to this condition. (4) 3.5 The temporary outdoor display of merchandise is permitted with the understanding that the property owner will actively, diligently and expeditiously construct the necessary improvements to West Drive and adjacent areas to satisfy the requirements of Planning Conur. ission Resolution No. 3174, or as may be modified by the Planning Commission. Approval of Design Review 95-006. shall become null and void on Seutember 4, 1995 and all outdoor display of merchandise shall immediately terminate. After September 4, 1995, the applicant may recuest additional time fcr the outdoor display of merchandise, for review by the Planning Comm'ssion. Nc additional application fees will be recuired fcr ~ '~ of . ~ subsequent design _ex_ew outdoor display of merchandise ~ ~ ~or The Home Depot. FEES (6) 4.1 Prior to issuance of any permits, the applicant shall pay all applicable building plan check and permit fees to the Community Development Department. Payment will be required based upon the rate in effect at the ~ime of permit issuance and are subject to change.