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HomeMy WebLinkAboutPC RES 335210 11 12 13 14 15 16 17 i8 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 3352 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING 1) VARIANCE 95-001 TO REDUCE THE REQUIRED NUMBER OF PARKING SPACES FROM 39 SPACES TO 29 SPACES AND 2) DESIGN REVIEW 95-011 FOR PARKING, LANDSCAPING AND BUILDING MODIFICATIONS TO ACCOMMODATE A RETAIL ART GALLERY ON THE PROPERTY LOCATED AT 300 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, Variance 95-001 and Design Review 95-011, have been filed by Mr. Bruce Thacker to reduce the required number of parking spaces from 39 spaces to 29 spaces and for parking, landscaping and building modifications to accommodate a retail art gallery on the property located at 300 E1 Camino Real. m o That a public hearing was duly noticed, called and held by the Planning Commission on April 24, 1995. C . The Planning Commission has reviewed the subject request for a variance to reduce the required number of parking spaces from 39 spaces to 29 spaces and has made the following findings: Granting the variance shal~ ~ not constitute a ~rant of special ~v~ieae~ inconsistent with the !imitations upon other properties in the vicinity and dis[rict in which [he prcject is situated in that- The Variance would be consistent with Dash actions and would not convey a .~--viie~e_ which is no~ eni. oved~ by ~he other property owners in the same zoning district. The Planning Commission has, in the past, granted variances for similar reductions of required parking spaces (Variance 93-008; Variance 92-007; Variance 89-13). b o Due to the nature of the art gallery use, parking spaces will be utilized on a short-term basis. Based on the conditions of approval, any parking problem arising in the future will be mitigated in such a manner as to have 10 11 12 13 14 15 2O 21 22 23 24 25 26 27 I Paoe 2 o little effect on surrounding properties within the Central Commercial District. C . The Combining Parking District regulations, which supersede those of the underlying C-2 District, provide reduced ratios for general office uses, but are silent on specific parking requirements for art galleries. A Variance for this project would be consistent with the intent of the Combining Parking District and the Cultural Resource District, which authorizes and encourages uses such as art galleries in the Old Town area. Therefore, granting of the Variance would not constitute a special privilege nor be inconsistent with the limitations of surrounding properties in the District. d . The art gallery use is unique in that a significant portion of the building will be utilized for storage and other non- retail uses, thereby decreasing the demand for parking. There are unusual or exceptional circumstances applicable to the property, including size, shape, topography, location or surroundings which deprive the subject property of privileges enjoyed by other properties in the . area zn that- The configuranion of -he parcel is suck than Lhe consnruction of additional spaces, beyond nhose proposed, is not feasible. The s~rucnure was oricina!iv -- ~ bu~i~ as a commercial snrucuure and has been in use for many years. The proposed art calierv use recuires the same number of parking spaces than would other retail uses under the current code recuirements. Staff has no record of ciuizen complaints regarding a lack of parking on the site or relaued traffic congestion in the surrounding area. b o In the vicinity of the site, on-street parking is available to supplement the proposed on-site parking. While such parking cannot count as required parking, it will, nevernheiess, serve as overflow parking for the site. Further, in 10 11 12 13 14 15 16 17 L8 19 2O 23 24 25 27 28 Resoiut:ior: No. 3352 m . traditional downtown areas such as Old Town, on-street is very common, ~ f not expected by business patrons. 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. o Size and spacing of windows, doors and other openings. o Towers, chimneys, roof structures, flagpoles, radio and television antennae. . Landscaping, parking area design and traffic · ,~_~_ cular_ion. Location, he'ah2 ans~..~-andards ~ . ~ ~_ eznerisr .. illumination. Location and appearance c~ equipment located outside of an enclosed szructure. Physica~ reianionship c= proposed struc- '~= to e>:isting structures in the neighborhoc.:. Appearance and design relanionship of proposed structure to existing structures and possible feature structures in the neighborhood and public thoroughfares. 12. Development Guidelines and criteria as adopted bv the City Council. This project has been determined to be Categorically Exempt (Class !) pursuant to the provisions of Section 1530" of the California Environmental Quality Act. 10 11 12 13 14 15 16 17 2C 21 22 23 24 26 27 Pac;._-o ~ This project has been reviewed ~'or 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 Variance 95-001 and Design Review 95-011 to reduce the required number of parking spaces from 39 spaces to 29 spaces and for parking, landscaping and building modifications to accommodate a retail art gallery on the property located at 300 E1 Camino Real, Tustin, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ~OOPTED at a regular meeting of the Tustin Planning Commission, held on the 24th day of April, 1995. BARBARA REYES~ Secretary 24th day of_~pril, 1995. Chairperson STATE OF CALIFORNIA ) .... · ~v OF O~ANGE " ~T~ .... ~qTiN i , B~qB.'z~_~ mmYES the "nd=~=~ s ' ~ ' ~ ~*-* { ~- '-' - t ..... gne~, n_~eo} c ..... y hal _ am he . . Rec ....... Secret=_} ~= th= ~ianninc Commission of uhe Ci:v of Tusnin, California; -hat Resolution Nc 7~2 was duly passed and adoozed at a regular meeting of the Tustin Planning Commas~- held on zhe 2'~h da}' of ADri! ic~ B.~RB~. REYES .2 Recording Secretary 28 EXHIBIT A VARIANCE 95-001 AND DESIGN REVIEW 95-011 CONDITIONS OF APPROVAL RESOLUTION NO. 3352 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped April 24, 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 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. (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 Variance and Design Review approval shall become null and void unless all permits for the proposed art gallery are issued within twelve (12) months of the date of this Exhibit. Time extensions may be granted by the Planning Commission if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) ~.4 Approval of Variance 95-001 and Design Review 95-011 is contingent upon the applicant/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. SITE PLAN/ELEVATIONS *** 2.~ Variance 95-001 authorizes reduced parking for a total building area of 7,753-square feet to be used for an art gallery. Any changes to the building which increase the square footage of the use, change the use, or add other uses shall require a modification of Variance 95-001. SOURCE CODES (~) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQ. (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A, Conditions of Approval Resolution No. 3352 Page 2 *** 2.2 If after due study and deliberation by the Director of Community Development, Director of Public Works, or the Planning Commission, it is determined that a parking problem exists on the site, the property owner shall prepare a comprehensive parking demand study. If the study indicates that existing on-site parking and four (4) parking spaces in the City's parking structure is not adequate, the owner shall obtain additional off-site parking through a recorded reciprocal parking agreement with the owners of a property or properties within 300 feet of the subject parcel, or other mitigation measures, such as valet parking, subject to approval of the City. (4) 2.3 Individual trash can service may be provided on the site provided that such service is acceptable in writing to Great Western Reclamation. In the event that trash bin service is requested either at this time or in the future by Great Western Reclamation, a trash bin with surrounding enclosure shall be located on the property. A trash bin with surrounding enclosure shall be located on the property and maintained to avoid health issues for neighboring commercial and residential areas. An adequate size trash enclosure with solid metal, self closing, self latching gates shall be provided. Said enclosure shall be screened by a solid decorative wall consistent with the adjacent building's material and finish and be of a minimum height of six feet. The actual location of the enclosure and types of screening and details of the enclosure shall be submitted at building plan check and are subject to approval by the Community Development Department. The location of the bin, size and quantity shall be reviewed and accepted in writing by Great Western Reclamation. (3) 2.4 The building shall meet all applicable requirements set forth in the Tustin Security Code relating to commercial structures, including lighting and locking aevices. (1) 2.5 Ail graffiti on the property shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structure and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. Exhibit A, Conditions of Approval Resolution No. 3352 Page 3 (4) 2.6 At Building Plan Check, manufacturer's details of all lighting fixtures and a lighting plan which identifies the location, type of fixture, and intensity of all new exterior building mounted and free-standing lighting shall be provided. A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one footcandle of light, and lighting shall not produce light or glare or have a negative impact on adjacent properties." All light fixtures shall be architecturally compatible with the proposed and existing structures. (1) 2.7 As the subject property is located in the Cultural Resource District, any exterior improvements which require a building permit will also require approval of a Certificate of Appropriateness. Therefore, approval of a Certificate of Appropriateness by the Director of Community Development is required prior to the issuance of permits. (4) 2.8 Ail parking areas and walkways for the entire property shall be steam cleaned and maintained free of trash and debris on a regular basis as needed. All damaged and cracked areas shall be repaired as needed. (4) 2.9 Opaque materials shall not cover more than 25 percent of the aggregate area of all windows and doors on the building. (4) 2.10 To prevent loitering, no exterior public phones are to be allowed on the subject site. (1) 2.11 Pursuant to Section 9408B of the Cisy of Tustin Sign Code, the proposed individual business facility is permitted the following signs' a . Monument Sign - Sites shall have a minimum of 150 lineal feet of street frontage per sign. These sign may be a maximum of six (6) feet in height and 32 square feet in sign face area. This site would be eligible for one (1) monument sign. b. Primary Wall Sign - One (1) primary wall sign for the purpose of business identification only. The sign area square footage may be equal to a maximum of 15% of the store front area not to exceed 75 square feet. Exhibit A, Conditions of Approval Resolution No. 3352 Page 4 C · Secondary Wall Signs - Two (2) secondary wall signs for the purpose of business identification only. Secondary wall sign shall face onto a street, parking area, or service road. The sign area square footage may be equal to a maximum of 5% of the side or rear wall area not to exceed 25 square feet. Both side and rear wall of the subject building would be eligible for secondary wall signs. d · Window Signs - A maximum of 25% of the store window area upon which the sign is located may be devoted to window sign use. Window signs may be permanent display or window lettering copy such as hours, address, phone number, emergency information, or special announcements. (1) 2.12 No sign component shall flash, blink, or be otherwise animated. Such animation is strictly prohibited. (1) 2.13 Ail signs and their supporting structures shall be enclosed, structurally safe, and maintained in good condition and shall comply with the most current Uniform Building Codes, as locally amended. (1) 2.14 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. (i) 2.15 Ail exposed metal flashing or trim shall be anodized or painted compatible with the main building. (i) 2.16 Any new rooftop equipment shall be completely screened from public view. Screening shall be incorporated into the project design, subject to approval of the Community Development Department. LANDSCAPING (6) 3.1 At Building plan check, landscaping information shall be submitted on a transmitted site plan and shall contain the following- a · A combination of planting materials shall be used in all landscape areas. b· Ground covers shall be planted between eight (8) and twelve (12) inches on center. Exhibit A, Conditions of Approval Resolution No. 3352 Page 5 C · 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. d · Ail newly planted trees shall be staked in accordance with the City's Landscaping and Irrigation Guidelines. e e Plant materials shall be chosen and located to promote water and energy conservation. f · New landscape areas and the upgrade of all existing landscaped areas on the site shall be consistent with adopted City of Tustin Landscaping and Irrigation Requirements to the greatest extent feasible, as determined by the Community Development Department. g~ Provide summary table applying indexing identification to plant material in their actual location. The plan and table must list botanical and common names, sizes, spacing, actual location and quantity of the plant materials proposed. Note on plans that the Community Development Department may request minor substitutions of plant materials during Plan Check. h · Show planting de~ails, soil preparation, staking, etc. i · Show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas and wall locations. (6) 3.2 At Building plan check, the irrigation plan (for irrigation only) shall be submitted which shall show the location and control of backflow prevention devices, pipe size, sprinkler type, spacing and coverage. Details for all equipment must be provided. Note on landscaping plan that coverage of landscaping irrigation materials is subject to field inspection at project completion by the Community Development Department. Landscaping and irrigation plans shall be submitted for new landscape areas and the upgrade of all existing landscaped areas on the site consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements to the greatest extent feasible, as determined by the Community Development Department. Exhibit A, Conditions of Approval Reso],utJon No. 3352 Page 6 BUILDING DIVISION (3) 4.1 At building permit plan check, please submit three (3) complete sets of construction plans. Requirements of the Uniform Building Code (UBC) and state handicap requirements shall be complied with as approved by the Building Official. All construction shall be in accordance with the 1991 UBC, applicable City Codes and the City's Security Code. No field changes shall be made without corrections submitted to and approved by the Community Development Department. (3) 4.2 The plans submitted into plan check shall indicate that both toilets shall be made accessible to persons with disabilities or as modified per ADA Guidelines by the Building Official. (3) 4.3 The 3'-6" wide strip in front of the columns shall be identified as a no-parking area. (3) 4.4 Parking spaces designed for use by persons with disabilities shall comply with City of Tustin Construction Standard Detail No. 124c. ENGINEERING DIVISION (5) 5.1 The northerly drive on E1 Camino Real will require removal and full height curb and gutter and new sidewalk will need to be constructed. The new sidewalk will need tc match the existing sidewalk in texture and design. (5) 5.2 A separate 24"x36" street improvement plan, will be required for all construction within the public right-of- way. In conjunction with the above plan, a 24"x36" reproducible work area traffic control plan will be required. (5) 5.3 The applicant shall perform a dye test to the satisfaction of the Public Works Department to determine if the existing building is connected to the sanitary sewer system. If the results of the dye test indicate that the building is not connected to the sanitary sewer system, the applicant shall be required to connect the existing building to the sanitary sewer system. Exhibit A, Conditions of Approval Resolution No. 3352 Page 7 FEES (1) 6.1 Prior to issuance of any building permits, payment shall be made of all applicable building plan check, sign design review and permit fees to the Community Development Department. Payment will be required based upon those rates in effect at the time of payment and are subject to change. (1) 6.2 If the existing building is required to be connected to the sanitary sewer system pursuant to Condition No. 5.3 above, payment of the sewer connection fee in the amount of $3,643.91 shall be made to the Public Works Department. Payment will be required based upon those rates in effect at the time of payment and are subject to change. (1) 6.3 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 $25.00 (twenty-five dollars) to enable the City to file with the County Clerk, the appropriate environmental documentation pursuant to the California Environmental Quality Act. If within such forty-eight (48) hour period, 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 Departmen% 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 hours of notification, a cashier's check payable to the Count}.' Clerk in the amount of $850 (eight hundred fifty dollars) if an EIR was prepared or $1,250 (twelve hundred fifty dollars) if a Negative Declaration was prepared. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid.