Loading...
HomeMy WebLinkAboutCC RES 99-32 ~ RESOLUTION NO. 99-32 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN UPHOLDING THE PLANNING COMMISSION'S DECISION TO 3 APPROVE CONDITIONAL USE PERMIT 98-022 AND DESIGN REVIEW 98-026, AUTHORIZING THE ESTABLISHMENT OF A 4 PARKING LOT ON. A VACANT 50' BY 314' PORTION OF AN ABANDONED RAILROAD RIGHT-OF-WAY LOCATED TO THE 5 NORTH OF THE PLAZA LAFAYETTE SHOPPING CENTER AT 13011 NEWPORT AVENUE AND TO THE WEST OF 12901-12943 6 NEWPORT AVENUE. ? 8 The City Council of the City of Tustin does hereby resolve as follows: 9 I. The City Council finds and determines as follows: 10 A. That a proper application, Conditional Use Permit 98-022 and Design ~ Review 98-026, was filed by. Plaza Lafayette, LLP. to authorize the establishment of'a parking lot on a vacant 50' by 314' portion of an ~2 abandoned railroad right-of-way located to the north of the Plaza LaFayette shopping center at 13011 Newport Avenue and to the west of ~s 12901-12943 Newport Avenue. ]4 B. That a public hearing was duly called, noticed and held on said ~5 application on March 22, 1999, and continued to April 12, 1999, by the Planning Commission since the property was not posted in accordance ~6 with the City's public noticing procedures. At the direction of the Planning Commission, a workshop was held on March 29, 1999, with ~? the property owner, representatives of the County of Orange, and interested members of the public. C. That on April 19, 1999 the Foothill Communities Association and George ~9 Haltman appealed the Planning Commission's approval of the project. 20 D. That public hearings were duly called, noticed, and held on said appeal 2~ on May 3, 1999, June 7, 1999, and July 6, 1999, by the City Council. 22 E. That the proposed use is allowed within the Multiple-Family Residential District (R-3), with the approval of a Conditional Use Permit. 23 F. That establishment, maintenance, and operation of a parking lot in a 24 residential district to serve an adjacent commercial shopping center, as conditioned, will not be detrimental to the health, safety, morals, comfort, 25 or general welfare of persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and 26 improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the following 27 findings: 2s 1. The parking lot expansion area will be used for employee parking 29 only, thereby reducing the potential for noise and other nuisance impacts on adjacent properties. Resolution No. 99-32 Page 2 ~ 2. Lighting will comply with the City's Security Ordinance, will be 2 directed downward, and will not produce glare or have a negative impact on adjacent properties. 3 3. The proposed parking spaces will not be permitted to count to 4 accommodate additional parking intensive uses, such as restaurants or medical uses, in the shopping center. 5 4. That the Parking Demand Study dated December 1998 has been 6 reviewed and approved by the City's Traffic Engineer and the additional parking spaces will mitigate identified parking demand ? impacts as required by Condition 6.18 of Planning Commission s Resolution No. 3413 (Variance No. 95-011). 9 5. The adjacent residential uses will be partially buffered from the proposed parking lot expansion area by a solid 6'-8" block wall ~0 and/or existing garage or carport walls. ~ G. The provision of future pedestrian ingress/egressfrom a regional trail or public park to Plaza Lafayette would provide an alternative means of ~2 transportation which would minimize the need for vehicular parking ~3 within Plaza Lafayette. ~4 H. Pursuant to Section 9272 of the Tustin Municipal Code, the City Council finds that the location, size, architectural features and general ~5 appearance of the parking lot expansion area will not impair the orderly and harmonious development of the area, the present or future ~6 development therein, or the occupancy as a whole. In making such findings, the City Council has considered at least the following items: ].7 1. Height, bulk and area of buildings. ~9 2. Setbacks and site planning. :0 3. Landscaping, parking area design, and traffic circulation. 2~ 4. Location, height and. standards of exterior illumination. :2 5. Physical relationship of proposed improvements to existing structures in the neighborhood. 23 6. Appearance and design relationship of proposed improvements 24 tO existing structures and possible future structures in the 25 neighborhood and public thoroughfares. 26 7. Development Guidelines and criteria as adopted by the City Council. 27 I. This project is categorically exempt (Class 11) pursuant to Section 28 15311 of the California Environmental Quality Act. · Resolution No. 99-32 Page 3 J. That the project has been reviewed for consistency with the Air Quality 2 Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. 3 II. The City Council hereby approves Conditional Use Permit No. 98-022 and 4 Design Review 98-026 to authorize the establishment of a parking lot on a vacant 50' by 314' portion of an abandoned railroad right-of-way located to the 5 north of the Plaza La Fayette shopping center at 13011 Newport Avenue and to the west of the Woodcrest Apartments at 12901-12943 Newport Avenue, 6 subject to the conditions contained in Exhibit A, attached hereto. s PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 6th day of July, 1999. 9 ~ T S WORLEY ]3 24 (~iAI~IELA STOKE 15 26 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) z? CITY OF TUSTIN ) ~8 CERTIFICATION FOR RESOLUTION NO. 99-32 19 PAMEA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of 20 Tustin, California, does hereby certify that the whole number of the members of the 2~ · City Council of the City of Tustin is 5; that the above and foregoing Resolution No. 99- 032 was duly and regularly introduced, passed, and adopted at a regular meeting of 22 the Tustin City Council, held on the 6th day of July, 1999. 23 COUNCILMEMBERAYES: COUNCILMEMBER NOES: 24 COUNCILMEMBERABSTAINED: CO NCILMEMBERABSENT: 26 27 IELA STOKE L EXHIBIT A RESOLUTION NO. 99-32 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 98-022 AND DESIGN REVIEW 98-026 GENERAL (1) 1 .I The proposed project shall substantially conform with the submitted plans for the project date stamped April 12, 1999, on file with the Community Development Department, except 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 minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the final inspections for any building permits for the project, subject to review and approval by the Community Development Department. (1) t.3 The subject project approval shall become null and void unless the use is established within six (6) months of the date of this Exhibit and substantial construction is underway in compliance with Condition No. 1.4 of this resolution. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days pdor to expiration. *** 1.4 Within thirty (30) calendar days of the approval of CUP 98-022 and DR 98- 026, the applicant shall submit to the Community Development Department all necessary plans and information needed to obtain a building permit for the improvement of the parking lot. a. Any and all necessary corrections for the construction level plans shall be resubmitted to the Community Development Department within fourteen (14) days of being notified by the City that corrections are ready to be picked up. b. All construction permits shall be obtained from the City within seven (7) days of being notified by the City that the plans are ready for permit issuance. c. All construction shall be completed within ninety (90) days of permit issuance. (1) 1.5 Approval of Conditional Use Permit 98-022 and Design Review 98-026 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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 99-32 Conditions of Approval for CUP 98-022 & DR 98-026 Page 2 (1) 1.6 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge to the City's approval of this project. (1) 1.7 As determined by a City code enforcement officer, any violation of any of the conditions imposed by this Resolution is subject to the imposition of a civil penalty of $100.00 on the property owner and/or operator for each violation and each day the violation exists. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action. SITE IMPROVEMENTS (4) 2.1 In accordance with Tustin City Code Section 9271 (i) related to the required separation between commercial and residential uses, the parking lot expansion area shall be screened from surrounding residential properties and the abandoned railroad right-of-way to the north by a 6'- 8" high solid masonry wall measured from the finish grade on the adjacent residential properties, except where other types of fencing are required to be used over the petroleum pipeline easement in accordance with California Government Code Section 51014.6. Prior to issuance of building permits, plans shall be submitted to the Community Development Department and the applicant shall provide evidence of authorization from all easement holders. Where walls currently exist, no wall is required to be constructed in conjunction with construction of the parking lot provided 1 ) the existing wall is a height of 6'-8" or more or the site is graded to create a minimum wall height of 6'-8" as measured from the finished grade of the parking lot; and 2) in the event that the existing walls or portions of walls are removed, the property owner of the parking lot shall construct a masonry wall a minimum of 6'-8" in height within 60 days of the removal of existing walls without further notification from the City of Tustin. (4) 2.2 All of the parking stalls in the parking lot expansion area shall be a minimum of eight (8) feet in width and 20 feet in length. The drive aisle shall be a minimum of 24 feet in width. The turnaround space shall be a minimum of twelve (12) feet in width and 20 feet in length and shall be located a minimum of three (3) feet from the north property line. (5) 2.3 Lighting for the parking lot expansion area shall comply with the City of Tustin Security Ordinance and shall provide a minimum of one (1) foot- candle of illumination throughout the site. All exterior light fixtures shall be directed 90 degrees down and not produce direct light or glare or have a negative impact on adjacent properties. A photometric study and manufacturer's detail of all proposed light fixtures shall be submitted at plan check for review by the Community Development Department. (4) 2.4 A raised concrete walkway of at least, six (6) feet in width shall be required along entire length of the east of the parking lot expansion area. (1) 2.5 The applicant shall be responsible forthe daily maintenance and up-keep of the parking lot expansion area, including but not limited to trash removal, Exhibit A Resolution No. 99-32 Conditions of Approval for CUP 98-022 & DR 98-026 Page 3 painting, graffiti removal and maintenance of improvements to ensure that the facilities are maintained in a neat and attractive manner. Property maintenance equipment which is attended by loud or unusual noise is prohibited on Sundays and City observed federal holidays, before 7:00 a.m. and after 6:00 p.m. Monday through Friday, and before 9:00 a.m. and after 5:00 p.m, on Saturdays. All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structures and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. *** 2.6 The installation and/or operation of outdoor public telephones or public address systems in the parking lot expansion area shall be prohibited. (4) 2.7 All parking areas and walkways for the parking lot expansion area shall be steam cleaned and maintained free of trash 'and debris on a regular basis as needed. All damaged and cracked areas shall be repaired as needed. The use and operation of property maintenance equipment is prohibited on all hours on Sundays and federal holidays, before 7:00 a.m. and after 6:00 p.m. Monday through Friday, and before 9:00 a,m. and after 5:00 p.m. on Saturdays. (4) 2.8 If the off-street portion of the Tustin Branch Trail or a public linear park adjacent to the site is established, the property owner, shall negotiate in good faith with the County of Orange to provide public ingress/egress to Plaza Lafayette except the property owner is under no obligation to reach agreement except on terms mutually acceptable to the County and the property owner. USE RESTRICTIONS *** 3.1 The thirty-seven (37) parking spaces located in the parking lot expansion area shall not be used to establish or accommodate more parking intensive uses such as restaurants or medical uses in the shopping center. (5) 3.2 The use of the parking lot expansion area may be reviewed by the Community Development Director on a biannual basis. If, in the future, the Community Development Director determines that noise, security, and/or other nuisance problems exist on the site or in the vicinity as a result of the establishment of the parking lot expansion area,, the Community Development Director may require the applicant to provide additional mitigation including, but are not limited to, the ~ollowing: a. Reduce hours of use including, but not limited to, peak hours only. ' b. Retain additional security personnel. Failure to satisfy the above condition shall be grounds for revocation of CUP 98-022. (5) 3.3 Notwithstanding the provision of additional parking spaces, all conditions of approval of Planning Commission Resolution Nos. 2502 (Variance No.. 88- 005) and 3413 (Variance No.. 95-011 and Conditional Use Permit 95-019) Exhibit A Resolution No. 99-32 Conditions of Approval for CUP 98-022 & DR 98-026 Page 4 shall remain in full force and effect, unless made null and void by future City approvals. Condition 6.18 of Resolution No, 3413 shall not be considered to be satisfied since the number of parking Spaces provided on-site does not meet the minimum number required by the Tustin City Code for the development. (5) 3.4 Within forty-five (45) days from the date of the approval of CUP 98-022 and DR 98-026, the parcel to be used for the parking lot expansion area shall be held together with the adjacent shopping center parcel (Assessor's Parcel · No. 401-281-10) as one parcel. The applicantshall file a lot line adjustment acceptable to the City of Tustin to ensure that joint use of the two lots continues for the duration of the parking lot use with said document being subject to City Attorney approval and recorded on the property prior to issuance of any permits. *** 3.5 The use of the parking lot expansion area shall be limited to employee parking only. Customer parking shall be prohibited. *** 3.6 Prior to the final inspection for any building permit, "Employee Parking 'Only" signs shall be posted at the entrance to the parking lot expansion area, with sign details and locations to be approved by the Community Development Department. *** 3.7 No structures shall be constructed within the parking lot expansion area. (1) 3.8 Outdoor storage shall be prohibited within the parking lot expansion area. (1) 3.9 All construction operations, including engine warm up and deliveries of materials and equipment, shall be subject to the provisions of the City of Tustin Noise Ordinance as amended, and may take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday, and 9:00 a.m.. to 5:00 p.m. on Saturday, unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired, subject to application being made at the time the permit for the work is awarded or during progress of the work. No Sunday or holiday construction shall be permitted. (1) 3.10 "No Skateboarding" and "No Loitering" signs 'shall be posted on the site with sign details and locations to be approved by the Community Development Department. Said signs shall include the telephone number of an on-site manager or security personnel to address and/or mitigate any violations. *** 3.11 The applicant sl'iall enforce existing .lease agreements with each tenant which require employees to park in the proposed parking lot and rear of the center. *** 3.12 To ensure unobstructed access to existing and proposed parking spaces by patrons and employees and eliminate conflicts with the existing valet service, within forty-five (45) days of the approval of CUP 98-022 and DR 98-026, the applicant shall provide the following: Exhibit A Resolution No. 99-32 Conditions of Approval for CUP 98-022 & DR 98-026 Page 5 a. The applicant shall provide a valet service for all restaurants within Plaza Lafayette and shall post signs in visible locations stating that the valet service is available to all patrons of restaurants within Plaza Lafayette. b. Valet personnel shall park vehicles in a manner that will maximize the number of parked vehicles. c. The applicant shall provide a valet parking plan for review and approval by the Community Development Department to designate permanently (physically identify) the number and location of valet parking spaces in accordance with Attachment E of the staff report dated March 22, 1999, or as modified by the Community Development Department. d. The applicant shall submit an affidavit indicating that all tenants have been notified of the location and number of parking spaces that may be designated and used for valet parking in accordance with the approved valet parking plan. PLAN SUBMITTAL (1) 4.1 All grading, drainage, vegetation and circulation shall comply with the City of Tustin Grading Manual. All street sections, curbs, gutters, sidewalks, street lighting and storm drain shall comply with on-site improvement standards. At plan check, indicate on plans the applicable codes, City Ordinances and the state and federal laws and regulations to include: 1997 Uniform Building Code with California Amendments 1997 Uniform Mechanical Code with California Amendments 1997 Uniform Plumbing Code with California Amendments 1996 National Electrical Code with California Amendments T-24 California Disabled Access Regulations T-24 California Energy Efficiency Staridards City of Tustin Grading Ordinance City of Tustin Landscape and Irrigation Guidelines City of Tustin Private Improvement Standards City of Tustin Security Ordinance (5) 4.2 In compliance with the Uniform Building Code (application for permit), the applicant, designer, architect or engineer must submit grading plans to the Building Division for review and approval prior to the issuance of a grading permit. (5) 4.3 In compliance with Uniform Building Code (excavation and grading), the applicant shall submit four sets of excavation/grading plans and two preliminary soil reports to the Building Division for review and approval prior to the issuance of a grading permit. (5) '4.4 In compliance with the City of Tustin's grading manual, all grading, drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site improvement standards. Exhibit A Resolution No. 99-:~2 Conditions of Approval. for CUP 98-022 & DR 98-026 Page 6 (5) 4.5 In compliance with the California Code 'of Regulations, Title 24 Part 2, Accessibility Standards, and prior to the plan check approval, the designer, architect or engineer must provide designs for accessibility for the physically challenged to the Building Division for their review and approval prior to the issuance of a grading permit. (5) 4.6 In compliance with the Department of Justice (Office of the Attorney General) the designer, architect or engineers proposed grading plan must comply with the American Disabilities Act (ADA). (5) 4.7 In compliance with Tustin City Code, the project shall comply with the Security Ordinance. FEES (1) 5.1 Prior to issuance of any building permits, payment shall be made of all required fees. Payment shall be made based upon the rates in effect at the time of permit issuance and are subject to change. a. All applicable building, grading and private improvement plan check and permit fees 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. 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 $38.00 (thirty-eight 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.