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HomeMy WebLinkAboutPC RES 3766RESOLUTION NO. 3766 4 s c s 9 to 11 12 13 14 15 16 1~ is 19 20 21 22 23 24 2s 26 2~ zs 29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING AN AMENDMENT TO DESIGN REVIEW 98-036 TO MODIFY THE APPROVED SITE ACCESS, PARKING LOT CONFIGURATION, AND LANDSCAPING AT THE PROPERTY LOCATED AT 12569 NEWPORT AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for an amendment to Design Review 98-036 was filed by Dr. Steve Shepherd and Steve McKinlay requesting authorization to modify the approved site access, parking lot configuration, and landscaping at the property located at 12569 Newport Avenue; B. That on September 27, 1999, the Planning Commission recommended that the City Council approve Design Review 98-036 to construct two single- story medical/dental office buildings at the property located at 12569 Newport Avenue; C. That Design Review 98-036 was approved by the City Council on November 1, 1999 authorizing the construction of two medical/general office buildings with the condition that a tentative and final parcel map combining the three existing lots into one lot be approved and recorded. Following City Council approval and inconsistent with Resolution No. 99-95, the applicant sold the lots to two different parties. A modification to the approved site design is being requested to be consistent with Tentative Parcel Map 2000-219; D. That a public hearing was duly called, noticed and held on the application to modify Design Review 98-036 on January 8, 2001 by the Planning Commission; E. Pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features and general appearance of the amendments to Design Review 98-036 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 City Council 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. 1 Resolution 3766 Amendment to Design Review 98-036 Z Page 2 3 5. Size and spacing of windows, doors and other openings. 4 6. Towers, chimneys, roof structures, flagpoles, radio and television 5 antennae. 7. Landscaping, parking area design and traffic circulation. a 8. Location, height and standards of exterior illumination. 9. Location and appearance of equipment located outside an enclosed structure. to 11 10. Location and method of refuse storage. lz 11. Physical relationship of proposed structures to existing structures in 13 the neighborhood. 14 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood is and public thoroughfares. 16 13. Proposed signage. 17 18 14. Development Guidelines and criteria as adopted by the City Council; 19 F. That the project has been reviewed for compliance with the Americans with Disabilities Act of 1990, and it has been determined that dedications of 20 right-of--way to accommodate a four (4) foot wide sidewalk behind the drive 21 aprons are necessary for compliance with the requirements of ADA. Also, the existing five (5) foot wide sidewalk along the frontage of this 22 development will require removal and construction of an eight (8) foot 2s wide sidewalk. This construction will require dedication of three (3) feet of additional right-of-way along the entire Newport Avenue frontage to meet 24 current City standards and ADA requirements; as G. That the Newport Warren Planned Community provides for development of ab office buildings and the project has been reviewed for consistency with the Tustin General Plan and has been determined to be consistent or has been 27 conditioned to be consistent with the General Plan, including the Air Quality Sub-Element; as 29 H. That a Negative Declaration was adopted for the project by the Planning Commission and City Council on September 27, 1999, and November 1, 1999, respectively, in accordance with the provisions of the California Environmental Quality Act (CEQA). The scope of the proposed amendment I 2 3 4 s 8 9 to 11 12 13 14 15 I6 17 18 19 zo 21 22 23 24 25 26 2~ 28 29 solution 3766 endment to Design Review 98-036 ~e 3 is addressed by the adopted Negative Declaration and no new significant impacts will occur. The Negative Declaration was not required to be re- circulated prior to action on the project by the Planning Commission in accordance with Section 15073.5 of CEQA. II. The Planning Commission hereby approves an amendment to Design Review 98- 036 modifying the site access, parking lot configuration, and landscaping, 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 8th day of January, 2001. ~_.___.. TEP E V. KOZAK Chairman ELIZABETH A. BINSACK Secretary TATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Recording ecretary of the Planning Commission of the City of Tustin, California; that Resolution No. 766 passed and adopted at a regular meeting of the Tustin Planning Commission, held n the 8th day of January, 2001. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A AMENDMENT TO DESIGN REVIEW 98-036 CONDITIONS OF APPROVAL RESOLUTION NO. 3766 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date-stamped January 8, 2001, 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 may also approve minor modifications to the plans if such modifications are determined to be consistent with the approved plans. (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 Condition No. 1.4 of Resolution No. 99-95 is hereby amended to state, "A Tentative Parcel Map and Final Parcel Map shall be required to combine the three existing parcels into two parcels. Final Parcel Map 2000-219 shall be reviewed and approved by the City Council and recorded with the County of Orange within ninety (90) days of this approval and prior to occupancy of the first building. (1) 1.4 The subject project approval shall become null and void unless permits for the entire project are issued and substantial construction is underway within twenty-four (24) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.5 Amendments to Design Review 98-036 may be considered and approved by the Community Development Department pursuant to the Newport Warren Planned Community Regulations. (1) 1.6 Approval of an amendment to Design Review 98-036 is contingent upon the applicants and property owners signing and returning a notarized "Agreement to Conditions Imposed" form as established by the Community Development Department prior to issuance of building permits. ------------------------------------------------------------------ SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES REQUIREMENTS (7) PC/CC POLICY (3) UNIFORM BUILDING CODES *** EXCEPTIONS (4) DESIGN REVIEW Exhibit A Amendment Design Review 98-036 Resolution No. 3766 Page 2 (1) 1.7 Compliance with all conditions of approval within City Council Resolution 99-95 and Resolution No. 3765 shall be required, unless modified within this Resolution. (1) 1.8 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of the City's approval of the project. (1) 1.9 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) 1.10 The applicant shall be responsible for costs associated with any necessary code enforcement action. (1) 1.11 A draft reciprocal parking, access and circulation agreement shall be signed and submitted to the Community Development Department for review and approval prior to recordation. (1) 1.12 Approval of an amendment to Design Review 98-036 shall become null and void if Tentative Parcel Map 2000-219 and Final Parcel Map 2000-219 are not approved by the City Council. (5) 1.13 The applicant shall submit a hold harmless letter identifying the risk of proceeding with the issuance of permits prior to recordation of the final map. SITE PLAN (1) 2.1 The site access, parking lot design and landscape modifications shall be made in accordance with the submitted plans for the project date-stamped January 8, 2001 on file with the Community Development Department. (1) 2.2 All site amenities on both parcels, including but not limited to, the parking lot, landscaping, curbing, trash enclosure, directional and disabled parking signage shall be completed prior to the issuance of a Certificate of Use and Occupancy for the first building that is completed. (3) 2.3 At the time of construction of the project, current Federal Americans with Disabilities Act (ADA) requirements will need to be met at the drive aprons. This will require construction of a minimum four (4) foot wide sidewalk behind the drive apron. The maximum cross slope of the sidewalk shall be two (2) percent and the maximum ramp slope of the drive apron shall be ten (10) percent. This may require dedication of Exhibit A Amendment Design Review 98-036 Resolution No. 3766 Page 3 additional right-of-way to accommodate the sidewalk construction. Also, the existing five (5) foot wide sidewalk along the frontage of this development will require the removal and construction of an eight (8) foot wide sidewalk. This construction will require dedication of three (3) feet of additional right-of-way along the entire Newport Avenue frontage to meet current City standards and ADA requirements. Prior to recordation of the map and issuance of building permits, a legal description and sketch of the dedication area, as prepared by a CA Registered Civil Engineer and/or CA Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval. FEES (5) 3.1 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 $43.00 (forty-three dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that 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.