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HomeMy WebLinkAboutPC RES 32841 RESOLUTION NO. 3284 10 11 12 13 14 15 16 17 18 ~9 20 21 22 23 24 25 26 27 28 I , A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING DESIGN REVIEW 94-018, A PROJECT TO ESTABLISH A SIX (6) SERVICE BAY ADDITION TO THE EXISTING SERVICE BUILDING; AND CONDITIONALLY APPROVING VARIANCE 94-007, TO PERMIT THE SERVICE BUILDING TO EXCEED THE ALLOWED MAXIMUM LENGTH OF 50% OF THE REAR PROPERTY LINE FOR A BUILDING CONSTRUCTED ALONG THE PERIMETER PROPERTY LINE OF THE AUTO CENTER LOCATED AT 44 AUTO CENTER DRIVE, TUSTIN. The Planning Commission finds and determines as follows: a. A proper application, Design Review 94-018 and Variance 94-007 has been filed by LPA on behalf of Mr. Joe MacPherson requesting authorization for a project to establish a six (6) service bay addition to the existing service building; and requesting a variance from Section VIIIF.2 of the East Tustin Auto Center Planned Community Regulations to permit the existing service building and the proposed service addition to exceed the allowed maximum length of 50% of the rear property line for a building constructed along the perimeter property line of the Auto Center located at 44 Auto Center Drive, Tustin. S · A public hearing was duly called, noticed and held for said application on July 11, 1994 by the Planning Commission. C. The subject site is located in a Planned Community Commercial (PC-C) District. Do That the project has been reviewed for consistence 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 · 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3284 Page 2 E · following items: 1. Height, bulk and area of building. , . Setbacks and site planning. 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. 8. Location, height and standards of exterior illumination. . Location and appearance of equipment located outside of an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signing. 14. Development Guidelines and criteria as adopted by the City Council. That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitation upon other properties in the vicinity and district in which the subject property is situated; and 10 11 12 13 14 15 16 17 18 ~9 20 21 22 23 24 25 26 27 28 Kesolu-<c- No. 3284 ?age 3 That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification as follows: The Variance would be consistent with past actions and would not convey a privilege which is not enjoyed by the other property owners in the same zoning district in that the Planning Commission has, in the past, granted variances for service buildings along the perimeter property line of the Auto Center (Variance 91-018, 36 Auto Center Drive). . As required by Section VIIIF.2. of the East Tustin Auto Center Planned Community Regulations and as conditioned, the increased building length will be mitigated by additional landscaping provided along the southwestern property line. Based on the conditions of approval, any potential visual impact will be mitigated in such a manner as to have little effect on the surrounding properties. · There are unusual or exceptional circumstances applicable to the size, shape topography, location or intended use of the subject property which do not apply to other properties in the same zoning district. Due to a redesign by CalTrans of the I-5/Tustin Ranch Road interchange, a narrow parcel of land was created along the southern boundary of the Tustin Auto Center. Based upon the existing development and configuration of the site, the proposed addition can not efficiently be placed in any other location on the site. The granting of the Variance will not be detrimental to adjacent and surrounding properties. The increased length of the existing service building and proposed addition adjacent to the perimeter 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3284 Page 4 property line, located at 44 Auto Center Drive in the Tustin Auto Center, will not adversely impact the adjacent freeway. . Even with the increased length of the service building, the intent to limit the mass of buildings'along the perimeter of the Auto Center and to provide a landscaped edge consistent with the East Tustin Auto Center Planned Community Regulations, can be accomplished. II. The Planning Commission hereby conditionally approves Design Review 94-018 and Variance 94-007 authorizing the project to establish a six (6) service bay addition and permitting the existing service building and proposed addition to exceed the allowed maximum length of 50% of the rear property line located at 44 Auto Center Drive, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 11th day of July, 1994. Secretary Chairperson 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. 3284 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the llth day of July, 1994. Recording Secretary EXHIBIT A DESIGN REVIEW 94-018 VARIANCE 94-007 CONDITIONS OF APPROVAL RESOLUTION NO. 3284 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped July 11, 1994 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Eevelopment Department in accordance with this Exhibit. /he 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 Auto Center Planned Community regulations. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibl.-_ 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 Approval of Design Review 94-018 and Variance 94-007 is contingent upon the applicant signing and returning an "Agreement 5o Conditions Imposed" form as established by the Directcr of Community Development Department. (1) 1.4 This Desigr.. Review and Variance approval shall become null and vcid unless building permits are issued within eighteen (18) 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 Developmen~ Department within thirty (30) days prior to expiration. (1) 1.5 The applicant shall sign and return 'an Agreement to Conditions Imposed form prior to the issuance of any pe rmi t s. (1) 1.6 The applicant shall hold and defend the City of Tustin harmless from all claims and liabilities arising out of 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 Resolution No. 3284 - Conditions of Approval Design Review 94-018 and Variance 94-007 Page 2 PLAN SUBMITTAL 2.1 At building plan check the following shai' be submitted: (3) A. (2) B. (3) (2) C. (3) Three (3) sets of construction plans and two (2) sets of structural calculations, and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. Preliminary technical detail and plans for all utility installations including cable TV, telephone, gas, water and electricity. Additionally, a note on plans sha'l be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. Final grading and specifications consistent with the site plan and landscaping plans and prepared by a registered civil engineer for approval of the Community Development Department. D · A separate 24" x 36" Street Improvement Plan will be required showing all construction within the public right-of-way, which shall include, but not be limited to the following: a . Drive Apron Sidewalk Domestic Water Service Fire Service (if required) Curb Drain (if utilized) Sanitary Sewer Service · A grading plan delineating the following will be required: a · c o Existing street elevations at key locations, Final pad/finish floor elevations and key elevations for all site grading. Ail final pad elevations to be a minimum of 1.0 feet above the base flood elevation as defined by FEMA. Ail flood hazard areas of record must be shown. Resolution No. 3284 - Conditions of Approval Design Review 94-018 and Variance 94-007 Page 3 (1) 2.2 Architectural plans shall not be submitted for plan check unless accompanied by a letter approving proposed design by the Irvine Company. SITE AND BUILDING CONDITIONS (1) 3.1 Ail exterior colors to be used shall be subject to review (4) and approval of the Director of the Community Development Department. All exterior treatments shall be coordinated with regard to color, materials and detailing and noted on submitted construction plans and elevations shall indicate all colors and materials to be used. (1) 3.2 Note on final plans that a six foot high chain linked fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. Ail construction access to the site shall be taken from Auto Center Drive. (1) 3.3 Ail mechanical and electrical fixtures and equipment (4) shall not be visible from the I-5 Freeway/south elevation. All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall blend with the architectural design of buildings. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. (1) 3.4 Block walls which do not also serve as perimeter walls (3) for project shall be consistent with main building (4) treatments. (3) 3.5 The Tustin City Noise Ordinance, allowing a maximum exterior noise level of 70 dBa, shall be observed on the premises at all times. (4) 3.6 Ail lighting and building locking devices added to the (3) premises shall meet those requirements as set forth in the Building Security Code. (4) 3.7 The subject property shall be maintained in a safe, clean and sanitary condition at all times. Resolution No. 3284 - Conditions of Approval Design Review 94-018 and Variance 94-007 Page 4 (4) 3.8 If loud speakers are to be used on this site, a detailed plan of the speaker program shall be submitted and reviewed for conformance with the apprcved Loudspeaker criteria. , LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (1) 4.1 Submit at plan check complete detailed landscaping plans (7) for all landscaping areas consistent witk adopted City of Tustin Landscaping and Irrigation Submittal Requirements. Provide summary table applying indexing identification to plant materials in their actual location. The plant table shall list botanical and common names, sizes, spacing, actual location and quantity of the plant materials proposed. Show planting and berming details, soil preparation, staking, etc. Show al' property lines on the landscaping plan, public righn-of-way areas, sidewalk widths, parkway areas, and wall locations. The Department of Community Development may request minor substitutions of plant materials or request additional sizing or quantity materials during plan check. Note on landscaping plan that location of landscaping materials is subject to field inspection by the Department of Community Development. (7) 4.2 The submitted landscaping plans at plan check shall (6) reflect the following requirements: a. 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. (4) 4.3 Indicate lighting scheme for project, note locations of all exterior lights and types of fixtures, lights to be installed on building shall be a decorative design. No lights shall be permitted which may create any glare or have a negative impact on adjoining properties. The location and types of lighting shall be subject to the approval of the Director of Community Development Department. (5) 4.4 In order to mitigate the length and mass of the proposed service addition structure, as viewed from Interstate 5, and Tustin Ranch Road and the Freeway overpass, the Resolution No. 3284 - Conditions of Approval Design Review 94-018 and Variance 94-007 Page 5 applicant shall provide additional landscaping and irrigation within the landscape areas adjacent to the west and south elevations of the structure pursuant to Section VIIIF.2 of the East Tustin Auto Center Planned Community Regulations. The landscaping shall match the existing trees and shrubs on si~e. The trees shall be Eucalyptus maculata (Spotted Gum) planted 15 feet apart which is consistent with the existing plant materials. The sizing shall be a mixture of 60% 5-gallon trees and 40% 15-gallon trees consistent with the previously approved landscape plans of the landscape parcel, subject to final approval of the Community Development Department. FEES (1) 5.1 Prior to issuance of any building permits, payment shall (3) be made of all required fees including: (6) A. Major thoroughfare and bridge fees to Tustin Public Works Department. . Grading plan checks and permit fees to the Community Development Department. C. Ail applicable building plan check and permit fees to the Community Development Department. D. 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 Notice of 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 Resolution No. 3284 - Conditions of Approval Design Review 94-018 and Variance 94-007 Page 6 JSL:br 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.