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HomeMy WebLinkAboutPC RES 3756 RESOLUTION NO. 3756 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING AN AMENDMENT TO CONDITION 1.1 OF RESOLUTION NO. 3724 FOR CONDITIONAL USE PERMIT 97-005 AND DESIGN REVIEW 97-009 EXTENDING THE DATE OF EXPIRATION OF THE PROJECT APPROVAL TO MARCH 1, 2001 AND APPROVING MODIFICATIONS TO THE APPROVED SITE PLAN. 5 The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ? A. That a proper application to amend Condition 1.1 of the amendment to s Conditional Use Permit 97-005 and Design Review 97-009 was filed by 9 Greg Bennett on behalf of the property dwners, Howard Ferrand and Rekha Bajaria requesting a three (3) month extension of the expiration date for 10 Conditional Use Permit 97-005 and Design Review 97-009 from December 1, 2000, to March 1,20001 and modifications to the approved plans. ]! ~2 B. That a public hearing was duly called, noticed and held on said application on November 14, 2000 by the Planning Commission. ]3 ~4 C. That according to Condition 1.3 of Resolution No. 3534, approved by the Planning Commission on November 11, 1997 and upheld by the City ~5 Council on December 1, 1997, substantial construction was to be underway ~6 by December 1, 1999, orthe project approval would be null and void. ~? D. That on October 11, 1999, the Planning Commission adopted Resolution No. 3695, conditionally approving a six (6) month extension of the expiration ~8 date for Conditional Use Permit 97-005 and Design Review 97-009 from ~9 December 1, 1999, to June 1, 2000, pursuant to Condition 1.3 of Resolution No. 3534. 20 E. That on April 24, 2000, the Planning Commission adopted Resolution No. n 3724, conditionally approving a six (6) month extension of the expiration 22 date for Conditional Use Permit 97-005 and Design Review 97-009 from June 1,2000, to December 1, 2000, pursuant to Condition 1.3 of Resolution 23 NO. 3695. 24 F. That on October 23, 2000 the applicant submitted a request to amend 25 Condition 1.1 of Planning Commission Resolution No. 3724 to allow an extension of the expiration date for Conditional Use Permit 97-005 and 26 Design Review 97-009 from December 1, 2000 to March 1, 2001 in 2? conjunction with modifications to the approved site plan. G. As of the date of this resolution, the applicant has not obtained building permits for construction of the project and substantial construction is not underway. PC Resolution No. 3756 Page 2 3 4 /H. That the extension of the project expiration date by three (3) months to 5 March 1, 2001, and the modifications will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general 6 welfare of the persons residing or working in the neighborhood of such proposed use, nor be injudous or detrimental to the property and' ? improvements in the neighborhood of the subject property, or to the general s welfare of the City of Tustin, as evidenced by the following findings: 9 · Granting an extension of three (3) months will provide sufficient time i0 for the owners to obtain alternate financing and to allow sufficient time for plan check approval and permit issuance of the proposed 11 changes. ]2 Granting an extension of three (3) months would motivate demolition 33 and construction activity to commence in a timely manner and promote coordination with the Vons expansion project which is ~4 currently under construction. ]5 · As conditioned, approval of the proposed changes will not adversely 36 affect the proposed use of the site and enhance the use by creating additional space to facilitate maneuvering of vehicular traffic. 17 ~8 · Approval of the proposed changes would likely facilitate expedient construction by eliminating the necessity to relocate Edison ~9 equipment or modify an existing easement. 20 · As conditioned, the proposed modifications can be accommodated 2~ on the site and provide for parking, .landscaping, on-site circulation and queue length. 22 :3 · As conditioned, the proposed modifications will not negatively affect surrounding properties in that the site design includes berms, 24 landscaping, and architectural enhancements that minimize the 25 visual and aesthetic impacts of the pump island and vehicles topped for refueling. In addition, the architectural design of the buildings and 26 canopies strengthen the Newport Avenue theme and enhance the gateway to the Old Town area of Tustin. 27 2s · A fight-of-way dedication in the form of a corner cut-off and construction of two curb ramps to meet current Federal Americans 29 with Disabilities Act (ADA) at Newport Avenue and Main Street is required as a result of the increased pedestrian activity that will occur PC Resolution No. 3756 Page 3 3 in conjunction with the retail uses. In addition, the location of the 4 retail use, plaza, and pedestrian walkway at the comer of the site will 5 encourage pedestrian activity to and from the corner of Newport Avenue and Main Street. 6 I. Pursuant to Section 9272(c) of the Tustin City Code requires the ? Commission finds that the location, size, architectural features and 8 general appearance of the proposal are harmonious with the development of the area, existing and proposed development in the area, or the 9 occupancy as a whole. In making these findings, the Community D0 Development Department must consider the following items: 1) Height, bulk and area of buildings. 2) Setbacks and site planning. 3) Exterior materials and colors. ]4 4) Type and pitch of roofs. 5) Size and spacing of windows, doors and other openings. 6) Towers, chimneys, roof structures, flagpoles, and radio and television ]-8 aRter~rlae. 7) Physical relationship of proposed structures to existing structures in the neighborhood. 20 8) Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 23 9) Appearance and design relationship of proposed structures to existing 24 structures and possible future structures in the neighborhood and 25 public thoroughfares. 26 10) Development Guidelines and criteria as adopted by the City Council. 27 K. This project was addressed in a Negative Declaration for Conditional Use 28 Permit 97-005 and Design Review 97-009, certified by the City Council on December 1, 1997. 29 PC Resolution No. 3756 Page ,~ 4 II. The Planning Commission hereby approves an amendment to Conditional Use Permit 97-005 and Design Review 97~009 to extend the expiration date of said 5 project approval from December 1, 2000, to March 1, 2001 and modify the 6 approved site plan subject to conditions contained in Exhibit A attached hereto. 7 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular s meeting on the 14th day of November, 2000. 10 _ n . KOZAK Chairperson - - ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) ~7 COUNTY OF ORANGE ) CITY OF TUSTIN ) ~,8 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning' Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3756 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of November, 2000. ELIZABETH A. BINSACK Planning Commission Secretary 28 EXHIBIT A AMENDMENT TO CUP 97-005 AND DR 97-009 CONDITIONS OF APPROVAL RESOLUTION NO. 3756 GENERAL *** 1.1 Condition 1.1 of Planning Commission Resolution No. 3724 shall be i: amended to read: "The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway by March 1, 2001 ." (1) 1.2 With the exception of Condition 1.1 of Resolution No. 3724, all remaining conditions of approval contained in Planning Commission Resolution Nos. 3533, 3534, 3535, 3695, 3724, City Council Resolution Nos. 97-114, 97-115, 97-116, and those contained in the Amendment to Design Review 97-009 approval letter dated February 2, 1999 shall continue to apply to this project. *** 1.3 The proposed project shall substantially conform with the submitted plans for the project date stamped November 14, 2000 on file with the Community Development Department as herein modified, or unless otherwise indicated, as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions · of the Tustin City Code or other applicable regulations. *** 1.4 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 Director. 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 Exhibit A PC Resolution No, 3756 Page 2 (1) 1.5 In accordance with Condition No. 1.3 of Resolution No. 3724, the property owner shall be responsible for ensuring that the asphalt/concrete parking areas and drive aisles on the site are replaced with new materials as approved by the Community Development Director. If building permits for redevelopment of the site have not been obtained and the project approvals expire, the property owner shall replace the asphalt/concrete parking area and drive aisles within thirty (30) days of March 1, 2001. In the event that the property owner does not replace the parking area and drive aisles, the City of Tustin will use the bond posted on May 1, 2000 to install replacement paving on the entire site. The property owner shall be responsible for any costs over and above the initial deposit. The applicant shall submit a right-of-entry agreement to the Community Development Department on or before January 15, 2001. (1) 1.6 The property owner shall maintainthe property in such a manner as to keep the property free from weeds, trash, refuse, dead vegetation, etc. Further, the property owner shall also maintain the site in such a manner as to prevent further violations of the Tustin City Code regarding, but not limited to, such issues as signage, parking compliance, inappropriate uses, and noise. Finally, the property owner shall maintain the improvements on the site to prevent further occurrences of cracked pavement, faded parking lot striping, cracked or peeling paint/building finish, broken or dilapidated signage, inoperative parking lot lighting, graffiti, and all other standards contained in the City of Tustin Property Maintenance Ordinance. (1) 1.7 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.8 The applicant shall be responsible for costs associated with any further code enforcement action. (1) 1.9 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. (1) 1.10 Approval of an amendment to Conditional Use Permit 97-005 and Design Review 97-009 is contingent upon the applicant and property owner signing and returning, by November 20, 2000, an "Agreement to Conditions Imposed" form as established by the Director of Community Development. Exhibit A PC Resolution No. 3756 Page 3 PLAN CHECK SUBMITTAL (3) 2.1 The canopy structure is considered as U-1 occupancy. A note shall be added to the plans identifying the occupancy. Setbacks from the property line shall be identified on the site plan as set forth in Table 5-A of the 1997 Uniform Building Code with California Amendments. All easements and supporting documentation shall be shown on the site plan and provided to the Community Development Department. Prior to final inspection, the applicant shall provide a letter from Southern California Edison acknowledging that the canopy will cantilever over their encroachment. (4) 2.2 The carwash building shall be located ten (10) feet from the westerly property line to avoid encroaching into a Southern California Edison easement. (4) 2.3 The proposed detail metal frame and canvas canopy shall be redesigned to be consistent with the Spanish style architectural theme of stucco walls, stucco columns, and Stone building accents, of the other buildings and canopies on the project site. At a minimum, the columns shall be stucco with stone accents to match the other canopies on site. The color of the canvas shall be "Desert Sand" as provided by Shade Concepts or a similar muted color that matches the color of the buildings. (3) 2.4 The canopy canvas shall have a fire retardant Certificate from the State of California Fire MarShall. Add a note to the plans indicating this requirement. (3) 2.5 The ICBO report number for framing of the shade structure or complete structural analysis including foundation and lateral forces prepared by a California registered and licensed architect or engineer shall be submitted. (3) 2.6 Show location of the foundation of the steel posts on the plans. (3) 2.7 Provide a cross section and show headroom clearance of the shade structure. The structure shall be a minimum of eight (8) feet and two (2) inches is required and accessible to vans. (3) 2.8 A note shall be added to the plans stating "This structure to comply with the 1997 Uniform Building Code, with California Amendments." (2)(5) 2.9 All final colors and materials to be used shall be subject to review and approval by the Community Development Department. All exterior Exhibit A PC Resolution No. 3756 Page ,~ treatments shall be coordinated with regard to color, .materials and detailing and clearly noted on submitted construction plans and elevations. (4) 2.10 The precise location and design of the vacuums shall be subject to the review and approval of the Community Development Department. (1) 2.1'1 The precise location and boundaries of the Carwash drying area shall be clearly indicated on the plans. (1) 2.12 A new grading plan for the site shall be submitted to address the relocation ~nd change in orientation of buildings and pad elevations, PUBLIC WORKS DEPARTMENT (1) . 3.1 Dedication of additional street right-of-way in the form of a corner cut-off and construction of two curb ramps meeting current Federal Americans with Disabilities Act (ADA) requirements will be required at the intersection of Newport Avenue and Main Street. The dedication area shall be sufficient for the construction of two curb ramps per City Standard No. 124. A legal description and exhibit of the dedication area, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval. (1) 3.2 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, Regional Water Quali~y Control Board and Orange County Sanitation District rules and regulations as they relate to carwash facilities. The plan shall be designed in accordance with, but not limited to, the following: Designed Wash areas and dry-off areas shall have the following characteristics: Paved with Portland cement concrete. Covered 'or bermed to prevent contact with storm water. · Sloped for wash water collection and recycling. · Discharges wash water to the sanitary sewer or a dea~l-end sump for proper disposal. · Fueling area shall be designed to prevent run-on of storm water and the run-off of spills: · Paving of fueling area with Portland cement concrete. Exhibit A PC Resolution No. 3756 Page 5 · Provide an overhead cover over the fueling area. · Use a perimeter drain or slope pavement inward with drainage to sump. · If a dead-end sump is not used to collect spills, an oil/water separator is to be installed. Spills can be contained within the fueling area either by using a perimeter drain or by sloping the pavement inward with drainage to a sump. In both cases the drain can be connected to the storm drain with a valve that is only closed during fueling operations and left open at all other times. LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (1) 4.1 The ten (10) foot Southern California Edison easement along the west property line at the carwash tunnel shall be landscaped with a variety of groundcover, shrUbs and trees in accordance with the City of Tustin Landscape Guidelines. (1) 4.2 The landscape berm along Newport Avenue shall be seventeen (17) feet in width, with a minimum three (3) foot high berm, and planted with sufficient quantities and types of landscape materials to screen the pump island canopy. (1) 4.3 A' note shall be added to the plans indicating that adequacy of coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Community Development Department. USE RESTRICTIONS (1) 5.1 The area of the proposed retail building (4,256 square feet) shall not be increased in size without sufficient parking being provided and approval by the Community Development Director. (1) 5.2 In accordance with Condition No. 2.1 of Resolution No. 3534, the property · owner shall provide a notadzed letter acknowledging that no Certificate of Use and Occupancy for the carwash/gas station will be issued until the Certificate of Use and Occupancy or final inspection for the retail building has been issued. A Certificate of Use and Occupancy for the retail building cannot be issued until tenant improvements have been completed. Exhibit A PC Resolution No. 3756 Page 6 (1) 5.3 The shade structure canopy for the detailing of vehicles shall be maintained in good condition at all times or upon notification by a representative of the City. The property owner and/or operator shall replace the canopy if it is faded, torn, or frayed within a reasonable amount of time agreed to by the City and the Owner and/or operator. (1) 5.4 A corrective action plan shall be approved by the Orange County Health Care Agency prior to issuance of the first Certificate of Use and Occupancy. The property owner shall provide evidence of approval to the Community Development Director. FEES (c) 6.1 Prior to issuance of any permits, the applicant shall pay the following fees. Payment will be required based upon the rate in effect at the time of permit issuance and is subject to change. a. All applicable Bui!ding plan check and permit fees shall be paid to the Community Development Department. b. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. c~ Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department at the time a building permit is issued: The current rate for Major Thoroughfare and Bridge fees is $3.16 per square foot of building area. This fee is required to be paid prior to building permit issuance as per condition 9.1 (e) of Resolution No. 3534. d~ Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees at the time a building permit is issued. The applicant should contact the Orange County Sanitation District for applicable fees. e. New development tax in the amount of $0.10 per square foot of gross floor area: Exhibit A PC Resolution No. 3756 Page ? f. Transportation System Improvement Program (TS IP), Benefit Area "B" fees in the amount of $3.31 per square foot of new or added gross square floor area of construction or improvements to the Community Development Department. g. School facilities fee in the amount of $0.32 per square foot. h. Within forty-eight (48) hours of project approval, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $43,00 (forty-three) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental. determination under the provisions of the California Environmental Quality Act could be significantly lengthened.