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HomeMy WebLinkAboutPC RES 33011 RESOLUTION'NO. 3301 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 94-020 AUTHORIZING THE ESTABLISHMENT OF A RETAIL SPORTING GOODS STORE WHICH SPECIALIZES IN THE SALE OF SECONDHAND SPORTING GOODS, WITHIN THE RETAIL COMMERCIAL (C-1) DISTRICT AND LOCATED AT 12872 NEWPORT 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, Conditional Use Permit 94-020, has been filed by Douglas J. Fisher and Patricia J. Podlich requesting authorization to establish a retail sporting goods store which specializes in the sale of secondhand sporting goods, within the Retail Commercial (C-i) zoning district and located at 12872 Newport Avenue. Be That on September 26, 1994 the Planning Commission approved Use Determination 94-002, authorizing secondhand sales in the Retail Commercial (C-i) District, subject to approval of a Conditional Use Permit. Ce A public hearing was duly noticed, called and held for said application on September 26, 1994 by the Planning Commission. De 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: · The proposed used sporting goods business will function similarly to a sporting goods store. In addition, the used sporting goods store will be required to make site improvements including new signage, equipment screening, and landscaping which will ensure that the use will be compatible with the~. surrounding uses and not be detrimental to the health, safety and general welfare of the community. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3301 Page 2 · · · · · This use, which is classified as retail, will not result in negative impacts to neighboring properties, as the existing zoning of the property allows for retail uses and the amount of parking provided will meet Code requirements. The proposed used sporting goods store is an appropriate use for the subject site as it proposes to provide a unique and viable business to the surrounding residential and commercial communities. The proposed use and business hours are compatible with the surrounding retail commercial uses and improvements will be made to the property which will greatly enhance the image of the commercial property and encourage patronage. As conditioned, the proposed used sporting goods store will be required to obtain approval from the City's License and Permit Board which will involve the submittal of information to ensure that the applicants will operate the proposed business in compliance with City rules and regulations. As conditioned, the business hours for the proposed sporting goods store may not extend beyond 8:00 a.m. to 11:00 p.m., seven (7) days a week. As conditioned, the applicant is required to provide adequate lighting for pedestrian and parking areas, creating a safe environment for customers of the store. · As conditioned, the applicant and property owner will properly maintain the subject property in a safe, clean and sanitary manner, and the applicant will provide a City-approved trash enclosure for the business; thus eliminating any potential for unhealthful or injurious site conditions. · As conditioned, the property owner will maintain and plant additional on-site landscaping to- promote a safe and aesthetically pleasing environment. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3301 Page 3 e As conditioned, the property owner will ensure that all signs on the property are in conformance with the Tustin Sign Code, thus improving and updating the appearance of the commercial center and providing a more inviting shopping environment for all customers that will encourage patronage while discouraging vandalism, littering, and criminal activity. Zo This project has been determined to be Categorically Exempt (Class 3) pursuant to Section 15303 of the California Environmental Quality Act. II. The Planning Commission hereby approves Conditional Use Permit 94-020 authorizing the establishment of a retail sporting goods store which specializes in the sale of secondhand sporting goods, within the Retail Commercial (C-i) zoning district at 12872 Newport Avenue, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 26th day of September, 1994. Secretary AC. L.I BAKER hairman 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. 3301 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 26th day of September, 1994. Recording Secretary EXHIBIT A CONDITIONAL USE PERMIT 94-020 CONDITIONS OF APPROVAL RESOLUTION NO. 3301 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 26, 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 Exhibit. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of a business license for the business, 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, a business license is obtained and operations begin within twelve (12) months Of the date of this Exhibit. (1) 1.4 Approval of Conditional Use Permit 94-020 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. *** 1.5 Conditional Use Permit 94-020 shall not become effective until all of the requirements of Tustin City Code Section 3613 are satisfied. Failure to obtain the required approvals shall render this Use Permit authorization null and void. In addition, this use permit shall become null and void if the business license is not kept current. (1) 1.6 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. 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 94-020 Conditions of Approval Resolution No. 3301 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) 2.2 At plan check, submit a complete landscaping plan as described in Condition of Approval No. 5.1, below. OPERATIONS/SITE CONDITIONS (5) 3.1 Business hours for the proposed sporting goods store shall not extend beyond 8:00 a.m. to 11:00 p.m., seven (7) days a week. Any extension of these hours shall require approval of an amendment to this Conditional Use Permit by the Planning Commission. (5) 3.2 A record of all transactions shall be kept on the premises at all times and shall be made available for inspection by the Tustin Police Department upon request. The contents of said record shall comply with Tustin City Code Section 3612(a). (5) 3.3 The reporting of daily transactions shall be made to the Tustin Police Department on the following day of such transactions. The contents of this report shall comply with Tustin City Code Section 3612(b). (5) 3.4 A holding period of ten days from the date that the receiving transaction for any article that was reported to the Tustin Police Department shall be required prior to said article being sold in accordance with Tustin City Code Section 3614. (5) 3.5 The holding period of any article may be extended upon written notification by the Tustin Police Department in accordance with Tustin City Code Section 3614. (5) 3.6 Ail secondhand items received shall be made available for inspection upon request by the Tustin Police Department. (5) 3.7 The subject property shall be maintained in a safe, clean and sanitary condition at all times. Exhibit A - CUP 94-020 Conditions of Approval Resolution No. 3301 Page 3 (5) 3.S A sufficient number of trash bins with surrounding enclosure shall be located on the property and maintained to avoid health issues for neighboring residential areas. Adequate size trash enclosures 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 bins, sizes and quantities shall be reviewed and accepted by Great Western Reclamation. In the event that the applicant obtains an irrevocable written approval from the owner of the adjacent property to the south to jointly use the existing trash disposal facilities on that property and presents evidence of that approval to the Community Development Department, a trash enclosure will not be required for the subject property. Said agreement shall have language allowing the release of obligation for the off-site trash agreement only subject to approval by the City of Tustin. (5) 3.9 The building shall meet all applicable requirements set forth in the Tustin Security Code relating to commercial structures, including lighting and locking devices. (5) 3.~0 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. (5) 3.~ Ail parking areas and walkways for the entire property shall be steamcleaned and maintained free of trash and debris on a regular basis as needed. All damaged and cracked areas shall be repaired as needed. (5) 3.~2 Opaque materials shall not cover more than 25 percent of the aggregate area of all windows and doors on the building. :. (5) 3.~3 At' Building Plan Check, elevations and details of a replacement equipment screen for the project shall be provided. This equipment screen shall surround the rooftop equipment on at least three (3) sides so as not to be visible from the adjacent street rights-of-way. All parapets shall be at least six inches above rooftop Exhibit A - CUP 94-020 Conditions of Approval Resolution No. 3301 Page 4 equipment for purposes of screening. The screen shall be considered as an element of the overall design of the project and shall blend with the color of the adjacent roof and the architectural design of the building. (5) 3.14 Ail exterior lighting fixtures shall comply with the city's Security Ordinance, which 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. (3) 3.15 To prevent loitering, no exterior public phones are to be allowed on the subject site. SIGNS (5) 4.1 Ail signs, including any change of copy, require review and approval by the Community Development Department prior to installation. (5) 4.Z Pursuant to Section 9408B of the City of Tustin Sign Code, the proposed individual business facility is permitted the following signs: ae 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. be 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. Ce 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. Exhibit A - CUP 94-020 Conditions of Approval Resolution No. 3301 Page 5 do 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. (5) 4.3 Based on review of the City of Tustin files, a building Permit was issued in October of 1983 to modify an existing 25'-0" tall, 40 square foot double-faced pole sign. The current pole sign has been reduced in height and is considered nonconforming in that single tenant parcels of this size are not permitted a pole sign. Pursuant to the Nonconforming Section of the Code, the pole sign shall not be structurally altered as to change the size, shape, position, location or method of illumination. At this time, only a sign face change, which does not modify the existing sign height or square footage, may be permitted. (5) 4.4 No sign component shall flash, blink, or be otherwise animated. Such animation is strictly prohibited. (5) 4.5 Based on review of the City of Tustin files and site observation, the sign cabinet of the existing roof- mounted sign has been removed, leaving the mounting brackets only which shall be removed. No sign shall be mounted or painted on any roof, including mansard roofs, unless required by the City Security Ordinance, or the Police or Fire Departments. In order to provide desired business identification for the subject business, it may be necessary to modify the existing roof element and replace it with a parapet element. The alteration of the roof would require design review and approval by the Community Development Department prior to the issuance of building permits. There does appear to be an opportunity to locate a wall mounted sign to either side of the store front windows on the building's brick facade. (5) 4.6 Ail signs and supporting structures not authorized by the Tustin City Code shall be removed prior to issuance of building permits or business license for the subject business. (5) 4.7 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. Exhibit A - CUP 94-020 Conditions of Approval Resolution No. 3301 Page 6 LANDSCAPE AND HARDSCAPE ELEMENTS (6) 5.1 The following notes shall be provided on the Landscape Plan: ae be ce de se 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. All 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 · 0 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. 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. Exhibit A - CUP 94-020 Conditions of Approval Resolution No. 3301 Page 7 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 days in advance. Phone (714) 777-3906. be Locations and classification of extinguisher to be determined by the fire inspector. 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. de Plans of modification to or new fire protection, detector or alarm system(s) shall be approved by the Fire Department prior to installation. FEES (1) 7.1 Prior to issuance of any building permits payment shall be made of all required fees including: Se Ail applicable building, grading and private improvement plan check and permit fees to the Community Development Department. b· 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 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. Exhibit A - CUP 94-020 Conditions of Approval Resolution No. 3301 Page 8 $CR: br' 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.