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HomeMy WebLinkAboutPC RES 33051 RESOLUTION NO. 3305 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, APPROVING CONDITIONAL USE PERMIT 94-015 AUTHORIZING THE ESTABLISHMENT OF MORE THAN 50% OFFICE SPACE AND APPROVING DESIGN REVIEW 94-024 TO MODIFY THE ARCHITECTURE AND SITE DESIGN OF PACKERS SQUARE, WITHIN THE PLANNED COMMUNITY COMMERCIAL (PC-COM) DISTRICT AND LOCATED AT 13102, 13112, 13132 AND 13152 NEWPORT AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A® That a proper application, Conditional Use Permit 94-015 and Design Review 94-024, has been filed by D.E. Miller, Architect on behalf of GAP Portfolio Partners, requesting authorization to modify the architecture and site design and to establish greater than 50% office use in Packers Square, within the Planned Community Commercial (PC-Com) zoning district and located at 13102, 13112, 13132 and 13152 Newport Avenue. Be A public hearing was duly noticed, called and held for said application on October 24, 1994 by the Planning Commission. Co That the proposed project will not have a significant impact as conditioned and therefore a Negative Declaration has been prepared for this project in accordance with the provisions of the California Environmental Quality Act. De 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. Ee The subject property is located within the Town Center Redevelopment Project Area. Pursuant to City Code Section 9299b, the Zoning Administrator has forwarded action on Design Review 94-024 to the Planning Commission. Fe 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3305 Page 2 Go 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. · Location, height and standards of exterior illumination. · Location and appearance of equipment located outside of an enclosed structure. 10. Physical relationship of proposed structures to existing structures in the neighborhood. 11. Appearance and design relationship of proposed structure to existing structures and possible feature structures in the neighborhood and public thoroughfares. 12. Development Guidelines and criteria as adopted by the City Council. 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: I · The proposed medical office use will function similarly to a other general office uses on the site. A Traffic and Parking Study prepared in conjunction with this proposal 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3305 Page 3 · · · concluded that there will be no increase in traffic generated by this project and that there will be more than adequate parking to serve the tenants within Packers Square, even during peak periods. A Parking Management Program is required to be implemented by the applicant and property owner to ensure adequate parking is maintained for existing tenants. The Program includes providing pavement signs and parking area signs restricting FHP members from parking in front of the retail tenants, and a provision for monitoring the parking situation after FHP is operational. To ensure compatibility with the surrounding uses, the applicant proposes to make site improvements including additional parking areas, new landscaping, new roofing and modifications to some of the exterior siding and new exterior colors which will ensure that the use will be visually compatible with the surrounding uses and not be detrimental to the health, safety and general welfare of the community. The existing zoning of the property allows for office uses and the amount of parking proposed for the use will meet the requirements of the Tustin Zoning Code. The hours of operation of the proposed use are limited to 7 am through 7 pm, Monday through Friday. The establishment of professional and general office uses in Packers Square will be compatible with the surrounding uses in the area in that the proposal to establish office use in excess of 50% of the building area (approximately 60%) proposed will provide a service to the surrounding residential and commercial communities. The Traffic and Parking Demand Analysis prepared for this project concluded that the proposed medical office use will not impact the adjacent streets and there is adequate parking for the use. The applicant proposes physical improvements to the property which will greatly enhance the image of the commercial property and encourage patronage. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3305 Page 4 · As conditioned, the applicant is required to provide adequate lighting for pedestrian and parking areas, creating a safe environment. In addition, the property owner will maintain and plant additional on-site landscaping to promote a safe and aesthetically pleasing environment. H· The proposed project has been reviewed for conformity with the provisions of the Orange County Congestion Management Program, and the Planning Commission has determined that the additional traffic generated by the proposed project onto the CMP Highway System does not cause the system to exceed established level of service standards. The proposed project has been determined to be exempt from the provisions of Measure "M" in that the additional traffic generated by the proposed project onto the Arterial Highway System does not cause the roadway system to exceed established level of service standards. II. The Planning Commission hereby approves Conditional Use Permit 94-015 and Design Review 94-024 authorizing the establishment of more than 50% office use and modifications to the architecture and site design of Packers Square, within a Planned Community Commercial (PC-Com) zoning district at 13102, 13112, 13132 and 13152 Newport Avenue, subject to the conditions contained in Exhibit A, attached hereto. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3305 Page 5 PASSED AND ADOPTED at a regular meeting of Commission, held on the 24th day of October, 1994. Secretary E t~ Tustin Planning · 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. 3305 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of October, 1994. Recording Secretary EXHIBIT A CONDITIONS OF APPROVAL RESOLUTION NO. 3305 CONDITIONAL USE PERMIT 94-015 AND DESIGN REVIEW 94-024 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 24, 1994, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this ~xhibit. The Director may approve minor changes to the' development plans provided such changes are consistent with the scope of the'subject CUP and consistent with applicable City Codes. (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 Conditional Use Permit approval shall become null and void unless all required permits are issued, and substantial construction is underway within twelve (12) months of the date of this Exhibit. (1) 1.4 Approval of Conditional Use Permit 94-015 and Design Review 94-024 is contingent upon the applicant and 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 harmless and defend the City of Tustin from all claims and liabilities arising out of the City's approval of the entitlement process for this project. mmmmmm--mmmmwmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm 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 A - CUP 94-015 Conditions of Approval Resolution No. 3305 Page 2 PLAN SUBMITTAL (1) 2.1 At plan check, submit three (3) sets of construction plans, two (2) sets of structural calculations and Title 24 energy calculations prepared be a licensed engineer/architect. No field changes shall be made without corrections submitted to and approved by the Community Development Department. (5) Z.Z At plan check, submit a complete landscaping plan as described in Condition of Approval No. 5.1, below. (3) 2.3 Parking for disabled persons shall be provided with an additional 5 foot striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. One space shall be van accessible served by a minimum 96 inch wide aisle. (3) 2.4 Two exits are required from lobby area of both buildings, and from any area with occupant loads of 10 or more. (3) 2.5 Each corridor shall have walls and ceilings of no less than one hour construction. (3) 2.6 Health Department review and approval of X-ray facilities are required prior to issuance of building permits. (3) 2.7 Access to two exits from second floor areas are required. (5) 2.8 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- structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. (4) 2.9 The site plan shall be modified to redistribute 25 of the compact parking spaces proposed for the front lot more equally throughout the site and to other parking areas to the south and east of Building D. Exhibit A - CUP 94-015 Conditions of Approval Resolution No. 3305 Page 3 OPERATIONS/SITE CONDITIONS (1) 3.1 Office uses permitted by CUP 94-015 in Packers Square include general office, medical office, professional and administrative offices. (1) 3.2 The maximum amount of office area, including medical uses, permitted for the entire Packers Square shall not -"exceed 31,743 square feet, which includes 4,935" square feet of medical and/or office use located within Building B. Any additiona'l general office or medical office use in excess of the above limit shall require a new CUP and additional discretionary action. (1) 3.3 Ail permitted uses shall meet the parking requirements of the Section 9235 of the Tustin City Code, as follows: retail use office use medical office restaurant 1 space/200 sf 1 space/250 sf 6 spaces/1000 sf 1 space/3 seats (5) 3.4 Business hours for the proposed FHP medical facility shall not extend beyond 7:00 a.m. to 7:00 p.m., five (5) days a week, specifically Monday through Friday. Any extension of these hours shall require approval of an amendment to this Conditional Use Permit by the Planning Commission. (5) 3.5 The building shall meet all applicable requirements set forth in the Tustin Security Code relating to commercial structures, including lighting and locking devices. The City's Security Ordinance requires that lighting at exterior doors, driveways and parking areas shall provide a minimum of one (1) footcandle of illumination. No lights shall be permitted which may create any glare or have a negative impact on adjacent properties. (5) 3.6 A Parking Management Program shall be submitted with the final development plans to include, but not limited to, pavement signage and parking area signs restricting the two rows of parking adjacent to and south of Buildings A and B to be for non-FHP customers only. Adequate signage shall identify authority for towing if FHP patients or employees are illegally parked in restricted parking areas. Said plan shall be reviewed and approved by the Department of Community Development. Exhibit A - CUP 94-015 Conditions of Approval Resolution No. 3305 Page 4 The site operations shall be reviewed at three (3) months and nine (9) months from the date of issuance of a Certificate of Occupancy for the FHP facility, to evaluate the effectiveness of said Parking Management Program. If at'that time it is determined by the City that additional measures are needed to ensure parking is available for retail customers, then the applicant shall submit a revised Parking Management Program for approval by the Department of. Community Development. The revised Program shall make provisions for additional restrictions on parking on the site, including identifying additional capital improvements that would be necessary and required, at the applicants' cost. Failure to satisfy the above condition could be grounds for the Planning Commission to reconsider the Conditional Use Permit 94- 015 which may result in revocation. (4) 3.7 The proposed facility may create a limited amount of medical waste. Such material shall be contained in steel receptacles, then picked up and disposed of by a company specializing in that service. The City of Tustin will not be required to dispose of that waste. Prior to the issuance of any building permits, the applicant shall provide the City with written proof that such service will be provided. SIGNS (5) 4.1 Ail signs, including any change of copy, require review and approval by the Community Development Department prior to installation. All proposed signs shall comply with the Packers Square Master Sign Plan. LANDSCAPE AND HARDSCAPE ELEMENTS (6) 5.1 The following notes shall be provided on the Landscape Plan: ae be ce A combination of planting materials shall be used in all landscape areas. Ground covers shall be planted between eight (8) and twelve (12) inches on center. All 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. Exhibit A - CUP 94-015 Conditions of Approval Resolution No. 3305 Page 5 de e® Ail newly planted trees shall be staked in accordance with the City's Landscaping and Irrigation Guidelines. Plant materials shall be chosen and located to promote water and energy conservation. (6) 5.Z At Building Plan Check, complete detailed landscaping and irrigation plans shall be submitted for 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. These plans shall include the following: a · 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. be Show planting details, soil preparation, staking, etc. Ce The irrigation plan shall show 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. de Show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas and wall locations. FIRE DEPARTMENT (5) 6.1 The following notes shall be provided on the site plan at plan check: a · Fire Department Final Inspection Required. Schedule inspection 2 da~s in advance. Phone (714) 777-3906. be Locations and classification of extinguisher to be determined by the fire inspector. Exhibit A - CUP 94-015 Conditions of Approval Resolution No. 3305 Page 6 Ce Storage, dispensing or use of any flammable and combustible liquids, flammable and compressed gasses and other hazardous materials shall comply with Uniform Fire Code Regulations. do Plans of modification to or new fire protection, detector or alarm system(s) shall be approved by the Fire Department prior to installation. ee Building(s) not approved for high piled combustible storage. Materials in closely packed piles shall not exceed 15 feet in height, 12 feet on pallets or in racks and 6 feet for tires, plastics and some flammable liquids if high stock piling, comply with UFC, Art. 81 and NFPA Std 231, 231C and 231D. (5) 6.Z Prior to the issuance of any grading permits, the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials liquids or gases. These liquids and materials are to be classified according to the "Orange County Fire Department Chemical Classification Handout". Provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons and cubic feet. Compressed gases and compressed liquid gasses are to be converted to cubic feet. (5) 6.3 The improvement plans are to be submitted to and approved by the Fire Chief prior to the issuance of any building permits. FEES (1) 7.~ Prior to issuance of any building permits payment shall be made of all required fees including: a · Ail applicable building, grading and private improvement plan check and permit fees to the Community Development Department. be 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) pursuant to AB 3185, Chapter 1706, Statutes of 1990, enable the City to file the Exhibit A - CUP 94-015 Conditions of Approval Resolution No. 3305 Page 7 sip:bt appropriate environmental determination required under Public Resources code Section 21151 and 14 Cal. 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.