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HomeMy WebLinkAboutPC RES 3916 RESOLUTION NO. 3916 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 04-012 AND VARIANCE 04-001 TO CONSTRUCT A NEW CARWASH BUILDING AND TO REDUCE THE REQUIRED FRONT YARD SETBACK OF A PROPOSED CARWASH BUILDING FROM SIXTY (60) FEET TO NINE (9) FEET SIX (6) INCHES AT THE EXISTING AUTOMOTIVE DEALERSHIP (TUSTIN LEXUS) LOCATED AT 45 AUTO CENTER DRIVE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. A. The Planning Commission finds and determines as follows: That a proper application for Design Review 04-012 and Variance 04- 001 was filed by Dennis Muth on behalf of Tustin Lexus to construct a new 1,089 square foot carwash building and to reduce the required front yard of the proposed carwash building setback from sixty (60) feet to nine (9) feet six (6) inches at the existing automotive dealership (Tustin Lexus) located at 45 Auto Center Drive. B. That the proposed use is consistent with the Tustin General Plan in that the property is designated as "Planned Community Commercial/Business" which provides for a variety of commercial, office, and industrial uses. In addition, 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 with the Air Quality Sub-Element. C. That the proposed use is consistent with the East Tustin Auto Center Planned Community District Regulations in that the establishment of auto sales, leasing, and service uses are permitted by the district regulations. D. That the Tustin City Code Section 9292 authorizes the Planning Commission to grant or deny a Variance application and while Tustin City Code Section 9272 authorizes the Community Development Director to consider Design Review applications, this application is being deferred to the Planning Commission to be considered concurrently with the Variance request. Resolution No. 3916 Page 2 E. That the Planning Commission duly called, noticed, and held a public hearing on the project on May 24, 2004. F. That pursuant to Section 9272 of the Tustin City Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed structure will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole in that the proposed carwash building location, height, massing, and scale, and the proposed architectural design and site amenities are consistent with the existing auto sales and service buildings of the Tustin Lexus dealership. In addition, the use of split face blocks, foam cornice at the parapet, and beige building color will match the existing service building on the same property. In making such findings, the 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. Landscaping, parking area, and traffic circulation; 5. Location and appearance of equipment located outside an enclosed structure; 6. Location and method of refuse storage; 7. Physical relationship of proposed structure to existing structures on the same property; 8. Appearance and design relationship of proposed structure to existing structures and possible future structures in the vicinity and public thoroughfares; and, 9. Development guidelines and criteria as adopted by the City Council. G. That the use of the proposed carwash building which is authorized by Section V.A of the East Tustin Auto Center Planned Community District Regulations is to be used exclusively for Tustin Lexus customers and not be available for general public. H. That the property is located on a cul-de-sac and due to the need to provide a turn around at the end of the street and the bulb shape of the cul-de-sac, the lot is not a typical square shape. This makes it difficult to comply with setback requirements. The strict application of the applicable development standards, particularly the front setback requirement, would deprive the property of the ability to maximize development potential, which is a privilege enjoyed by Resolution No. 3916 Page 3 other properties within the same zoning district. If the lot were square, the carwash building would have the required sixty (60) foot setback from the front property line. In addition, the granting of this variance would not constitute a special privilege that is inconsistent with the limitations on other properties in the East Tustin Auto Center Planned Community District in that the shape of the lot creates a hardship that is not present on the majority of other properties within the same zoning district. I. That although the proposed carwash building location will be located closer than the required sixty (60) feet to the street fr ntage, the lot is configured and developed in such a manner that th eastern end of the lot (the cul-de-sac) serves as the rear of the pr perty where auto service activities take place. Locating the pr posed carwash building in this area would accomplish the intent of building setbacks for the East Auto Center planned community di trict, which is to locate service-related activities away from street frqntage where sales activities occur. II. i T~iiS project is Categorically Exempt pursuant to Section 15303, CI ss 3 of Title 14, Chapter 3 of the California Code of Regulations ( ,uidelines for the California Environmental Quality Act). The Plarlning Commission hereby approves Design Review 04-012 and Variance 04-001 to construct a new 1,089 square foot carwash building and to reduce the required front yard of the proposed carwash building setback from sixty (60) feet to nine (9) feet six (6) inches for the existing automotive dealership (Tustin Lexus) located at 45 Auto Center Drive, subject to conditions contained in Exhibit A attached hereto. J. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 24th day of May, 2004. &~ /lJj:~i: ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3916 Page 4 STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3916 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of May, 2004. &ñø¿d A~Þ ELIZABETH A. B(NSACK Planning Commission Secretary GENERAL (1) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 EXHIBIT A DESIGN REVIEW 04-012 AND VARIANCE 04-001 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped May 24, 2004, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check or conditions of approval if such modifications are consistent with provisions of the Tustin City Code. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. The subject project approval shall become null and void unless permits are issued within twelve (12) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Approval of Design Review 04-012 and Variance 04-001 is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEtS (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A of Resolution No. 3916 Page 2 (1 ) (1 ) 1.5 As a condition of approval of Variance 04-001, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. The Tustin Auto Center is under the management of the Tustin Auto Center Merchants Association. In accordance with the recorded Covenants, Conditions, and Restrictions (CC&Rs) for the Tustin Auto Center, prior to issuance of any permits, stamped plans or a letter from the Association approving the proposed carwash shall be provided to the Community Development Department. PLAN SUBMITTAL 1.6 (3) (3) 2.1 2.2 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations or most recently adopted codes and regulations. Building plan check submittal shall include the following: . Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. . Two (2) copies of structural calculations. . Two (2) copies of Title 24 energy calculations. . Two (2) copies of soils report. . Dimensions on plans for all parking spaces, drive aisles, and back up areas. . Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable. Exhibit A of Resolution No. 3916 Page 3 (3) 2.3 (3) 2.4 (3) 2.5 . Notes indicating roofing material shall be fire rated class "B" or better. . The location of any utility vents or other equipment on the roof plan. . Cross-section details showing the installation of the existing and proposed rooftop equipment. Rooftop equipment shall be installed and maintained so as not to be visible from the public right-of-way. An elevation showing rooftop equipment installation related to the height of the parapet and proposed equipment shall be identified at plan check submittal and will be subject to the approval of Community Development Department Director. . Notes indicating no exterior down spouts or roof scuppers shall be permitted. All roof drains shall utilize interior piping, but may have exterior outlets at base of buildings. . Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, especially to the apartment complexes to the north and east of the project side. Wall- mounted fixtures shall be directed at a gO-degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot-candle of light coverage, in accordance with the City's Security Ordinance. A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1) foot-candle of light, and lighting shall not produce light, glare, or have a negative impact on adjacent properties." . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. Provide area analysis for all buildings and show compliance with allowable floor areas based on 2001 California Building Code Chapter 5, Table 5-B. Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. Four (4) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer shall be submitted and shall include the following: Exhibit A of Resolution No. 3916 Page 4 (3) 2.6 (3) 2.7 (1 ) 2.8 (1 ) 2.9 (1 ) 2.10 . Technical details and plans for all utility installations including telephone, gas, water, and electricity. . Three (3) copies of precise soil report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. . A note indicating all site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. . A note indicating drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on- site Private Improvement Standards. . Two (2) copies of Hydrology Report. The engineer of record shall submit a final compaction report and a pad certification to the Building Division for review and approval prior to the issuance of a building permit. A surety/cash bond will be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of the grading, drainage, and erosion control shall be submitted to the Building Official for determination of the bond amount. Prior to permit issuance, clearances from the following may be required: Orange County Health Department, Orange County Fire Authority, South Coast Air Quality Management District, and the State Department of Occupational Safety and Health. Prior to issuance of any 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. Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700.00 for the estimated cost of Exhibit A of Resolution No. 3916 Page 5 (1 ) 2.11 (1 ) 2.12 (1 ) 2.13 (1 ) 2.14 (1 ) 2.15 (4) 2.16 review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for any additional review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. Prior to issuance of any permits, the property owner shall record a Notice of Water Quality Management Plan (WQMP) with the County Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. The Community Development and Public Works Departments shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. A note shall be provided on final plans that a six (6) foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the building. The numerals shall be no less than six (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. All exterior colors, materials, and textures shall match the existing building and the approved plans. All exterior treatments must be coordinated with regard to color, materials, and detailing and noted on all construction plans and elevations submitted for Building Permit Plan Check. Compliance shall be subject to review and approval by the Community Development Department at final inspection. Exhibit A of Resolution No. 3916 Page 6 (4) 2.17 All ground- and wall-mounted 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 the building. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the project, maintaining sufficient distance to minimize visual impacts from the public right-of-way. All exposed metal flashing or trim shall be painted to match the building. No exterior down spouts or roof scuppers shall be permitted. All roof drains shall utilize interior piping, but may have exterior outlets at the base of buildings. Upon removal of the driveway, the applicant shall install street landscape consistent with the existing street landscape along Auto Center Drive. Complete landscape and irrigation plans that comply with the City of Tustin Landscape and Irrigation Guidelines shall be submitted at plan check, including a combination of ground cover, shrubs, and trees to be located between the carwash building and the street right-of-way. All plant materials shall be installed in a healthy and vigorous condition, typical to the species, and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of dead or diseased dying plants. Unhealthy or dead trees shall be replaced within seventy-two (72) hours upon notification by the City. The applicant shall provide a minimum twenty (20) foot clear drive aisle from the proposed carwash building and the auto detailing area to the existing service building for access and circulation. 2.23 The use of the carwash shall be for vehicles being serviced and/or new cars owned by the dealership at the facility. Said use may be expanded if approved by the Community Development Director. (1 ) 3.1 (4) 2.18 PUBLIC WORKS DEPARTMENT (4) 2.19 (4) 2.20 (4) 2.21 (4) 2.22 (*) This development shall comply with all applicable provisions of the City of Tustin Water Quality ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. Exhibit A of Resolution No. 3916 Page 7 (1 ) (1 ) (1 ) (1 ) 3.4 3.5 3.2 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. 3.3 Upon removal of the driveway, the applicant shall construct curb, gutters, and sidewalk per the City of Tustin's Standard Drawings and Design Standard. Any damage done to existing street improvements and utilities shall be repaired prior to issuance of a Certificate of Use or Occupancy. Prior to issuance of building permits, the applicant shall comply with Section 4327 of the Tustin City Code which details the requirements for developing and implementing a Waste Management Plan. ORANGE COUNTY FIRE AUTHORITY (5) FEES (1 ) 5.1 4.1 Prior to issuance of a building permit, the applicant shall submit to the Fire Chief a list of all hazardous, flammable and combustible liquids, solids, or gases to be stored, used, or handled on-site. These materials shall be classified according to the Uniform Fire Code and a document submitted to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. Please contact OCF A at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Completing Chemical Classification Packets." Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a) Building plan check and permit fees to the Community Development Department based on the most current schedule. b) Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. c) Orange County Sanitation District No.7 Sewer Connection Fees to the Tustin Public Works Department at the time a building permit is issued. Exhibit A of Resolution No. 3916 Page 8 d) Payment of the Major Thoroughfare and Bridge Fees to the Public Works Department at the time a building permit is issued. The current fee is $3.37 per square foot of building for non-residential developments. e) School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. The current fee for commercial development is $0.33 per square foot. f) New development fees in the amount of $.10 per square foot of gross floor area paid to the Community Development Department. g) 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 forty-three dollars ($43.00) 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.