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HomeMy WebLinkAboutPC RES 3982 RESOLUTION NO. 3982 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 04-030 AND DESIGN REVIEW 04-031 AUTHORIZING CONSTRUCTION OF AN EMPLOYEE OFF-SITE PARKING LOT, WITH FIFTY-FIVE (55) PARKING STALLS, ON THE VACANT PROPERTY AT 16801 MCFADDEN AVENUE FOR EMPLOYEES OF THE JEWELRY EXCHANGE AT 15732 TUSTIN VILLAGE WAY The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 04-030 and Design Review 04-031 was submitted by Goldenwest Diamond Corporation for an employee off-site parking lot, with fifty-five (55) parking stalls, on the vacant property at 16801 McFadden Avenue for employees of the Jewelry Exchange at 15732 Tustin Village Way; B. That a public hearing was duly called, noticed, and held for said application on July 11,2005, by the Planning Commission; C. That the proposed project is located in the Retail Commercial (C-1) zoning district where commercial parking lots are conditionally permitted, and within the "Community Commercial" land use designation of the General Plan, which provides for commercial development in that commercial parking lots are conditionally permitted. 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; D. That the proposed off-site parking lot, as conditioned, will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: 1) The parking lot, as conditioned, will be for the sole use of Jewelry Exchange and its employees during the normal hours of operation of the Jewelry exchange, which is typically 8:00 a.m. to 7:00 p.m., Monday through Sunday, with extended hours during peak seasons and holiday periods; Resolution 3982 CUP 04-030 & DR 04-031 Page 2 E. 2) The parking lot, as conditioned, will have landscaping to screen vehicles along the property perimeter and the parking lot light standards will be designed to shield glare into the public right-of-way. All landscaping and hardscape materials will be required to be maintained in a neat and attractive manner; 3) As proposed, fifty-five (55) non-required parking spaces will be provided to help alleviate peak parking demands at the Jewelry Exchange; 4) As conditioned, no parking area will be used for the sale, display, or repair of motor vehicles, or the storage of materials or other goods or services without prior approval from the Community Development Department; 5) As proposed and conditioned, the parking lot will be designed to comply with a Water Quality Management Plan (WQMP) approved by the Community Development and Public Works Departments, which specifically identifies Best Management Practices (BMPs); 6) As designed and conditioned, persons using the parking lot will be directed to the public sidewalk and existing crosswalk at the intersection of McFadden Avenue and Tustin Village Way at the southeast corner of the site; and, 7) Since the project will increase pedestrian activity in the vicinity, adequate on-site and off-site pedestrian facilities will be provided, including sidewalks along Tustin Village Way and McFadden Avenue and curb ramp at the intersection will be constructed to meet current Federal Americans with Disabilities Act (ADA) requirements and the necessary easement will be dedicated, as conditioned. This project is Categorically Exempt pursuant to Section 15311, Class 11, Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Planning Commission hereby approves Conditional Use Permit 04- 030 and Design Review 04-031 authorizing an employee off-site parking lot, with fifty-five (55) parking stalls, on the vacant property at 16801 McFadden Avenue for employees of the Jewelry Exchange at 15732 Tustin Village Way, subject to the conditions contained in Exhibit A attached hereto. II. Resolution 3982 CUP 04-030 & DR 04-031 Page 3 PASSED AND ADOPTED at a regular meeting Commission, held on the 11 th day of July, 2005. a~ ~Atð~/ ELIZABETH A. BINSACK Planning Commission Secretary Tustin Planning STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) 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. 3982 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11 TH day of July, 2005. ~/4~~~~/ ELIZABETH A. BINSACK Planning Commission Secretary PLANNING (*) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 EXHIBIT A CONDITIONS OF APPROVAL RESOLUTION NO. 3982 CONDITIONAL USE PERMIT 04-030 DESIGN REVIEW 04-031 The proposed parking lot and improvements shall substantially conform with the submitted plans for the project date stamped (date of approval) 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 and other applicable codes. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any grading 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 Conditional Use Permit 04-030 and Design Review 04- 031 is contingent upon the applicant and property owner signing and 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 revised, 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 m STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEIS GUIDELINES (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING PC/CC POLICY Exhibit A Resolution No. 3982 Page 2 (1 ) 1.5 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. PLAN SUBMITTAL (1 ) 2.1 (1 ) 2.2 (1 ) 2.3 Prior to building and electrical permit issuance for the light standards, the photometric plan shall be revised to identify a minimum of one (1) foot-candle of light coverage throughout the parking area, in accordance with the City's Security Ordinance. All exterior lighting shall be designed and arranged so as not to direct light or glare onto adjacent properties, including the adjacent streets. At the time of grading and building permit application, the plans shall comply with the most recently adopted codes and regulations, including, but not limited to, 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, and all other applicable City Ordinances, and State and Federal laws and regulations. Seven (7) 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: . Technical details and plans for all on-site utility installations including 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 a soils report. All pavement "R" values shall be in accordance with applicable City of Tustin standards; All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties; . . Exhibit A Resolution No. 3982 Page 3 (1 ) 2.4 (1 ) 2.5 (1 ) 2.6 (1 ) 2.7 (1 ) 2.8 . Drainage, vegetation, circulation, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards; Two (2) copies of the hydrology report; 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"; and, Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. . . . The engineer of record shall submit a final compaction report to the Building Division for review and approval. 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. -~ Pursuant to the Building Official, a parking lot over fifteen (15) parking spaces requires a Water Quality Management Plan (WQMP). Prior to issuance of grading permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a 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 WQMP, the applicant shall submit a deposit of $2,700.00 for the estimated cost of 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 a grading permit, the property owners shall record a Declaration of Restrictions, or include provisions in the CC& R's for the project, that obligate(s) the property owner, or its successors and assigns, as applicable, to operate and maintain, in perpetuity, the post-construction BMP's described in the WQMP for Exhibit A Resolution No. 3982 Page 4 (1 ) (1 ) (1 ) the project. Where the property owner is a public entity or another entity where a Declaration of Restrictions or CC&R's are inappropriate, the property owner shall enter into an agreement with the City, which agreement shall be recorded. Such agreement shall have the same obligations required above for a Declaration of Restriction. 2.9 The Community Development and Public Works Departments shall determine whether any proposed change in use requires an amendment to an approved WQMP. 2.10 A note shall be provided on the 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. (1 ) No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. 2.12 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. 2.11 (1 ) 2.13 Details for permanent signage restricting parking for Jewelry Exchange use only and prohibiting overnight parking shall be provided and installed on-site prior to final inspection. ENGINEERING (1 ) The current Federal American with Disabilities Act (ADA) requirement shall be met at the pedestrian walkway and curb ramp. The ramp shall comply with the modified Standard Drawing and Design Standards for Public Works Construction No. 211 for Interim Curb Ramp Detail to the satisfaction of the Public Works Director. 3.1 (1 ) All proposed and existing easements shall be identified on the site plan. The applicant shall satisfy dedication requirements, including but not limited to, dedication of the corner cut-off and sidewalk easement. The applicant shall provide legal descriptions and sketches as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. These shall be submitted to the Engineering Division for review and approval. 3.2 (1 ) Any stop sign controls on-site shall comply with City of Tustin Standard Plan No. 511 (including No. 504 and 505). 3.3 (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) Exhibit A Resolution No. 3982 Page 5 (1 ) 3.4 A separate 24" by 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to, the following: . Curb and gutter; Sidewalk, including curb ramps for the physically disabled; Street lighting; Landscape/i rrigation; Tree wells and trees; and, Catch basin/storm drain laterals/connection to existing storm drain system. . . . . . 3.5 In addition, a 24" by 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, will be required. 3.6 Preparation of a sedimentation and erosion control plan for all work related to this development will be required. 3.7 Preparation and submittal of a final grading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: . Final street elevations at key locations; Key elevations for all site grading; and, All flood hazards of record. . . 3.8 Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. Permission from property owners shall be required for any work located on adjacent properties. 3.10 I n addition to the normal full-size plan submittal process, all final development plans including, but not limited to, tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 13 or 14 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to 3.9 Exhibit A Resolution No. 3982 Page 6 interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 14. Drawings created in AutoCAD Release 13 or Release 12 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. LANDSCAPING 1) 4.1 (1 ) 4.2 Complete landscape and irrigation plans that comply with the City of Tustin Landscape and Irrigation Guidelines shall be submitted at plan check. The irrigation plan shall show the location and control of backflow prevention devices at the meter, pipe size, sprinkler type, spacing, and coverage details for all equipment. The applicant shall install efficient irrigation systems, which minimize runoff and evaporation and maximize the amount of water that will reach the plant roots. Drip irrigation, soil moisture sensors, and automatic irrigation systems are a few methods of increasing irrigation efficiency. Plans shall include: A. A thirty-six (36) inch high fence and landscaping screen shall be provided along McFadden Avenue and Tustin Village Way to create an effective barrier and to prevent vehicle headlights from shining directly into the public right-of-way. A pedestrian pathway from the parking lot to the public sidewalk shall be provided, subject to review of the Community Development Director. B. 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, support structures (trellis, etc.), 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. USE RESTRICTIONS (***) 5.1 The parking lot shall operate only during the business hours of the Jewelry Exchange, which is typically from 8:00 a.m. to 7:00 p.m. and during peak holiday periods, and shall be for the sole use of Jewelry Exchange. No overnight parking shall be permitted. Utilizing the lot for any use or event other than for Jewelry Exchange employee parking shall require an approved Temporary Exhibit A Resolution No. 3982 Page 7 (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) FEES (1 )(5) 6.1 5.2 5.3 5.4 5.5 5.6 5.7 Use Permit (TUP) from the Community Development Department, as applicable. The property owners and operators of the private parking lot shall be responsible for the daily maintenance of the subject property, including but not limited to, trash removal, graffiti removal, and maintenance of improvements to ensure that the facilities are maintained in a neat and attractive manner. All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain the site will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. The applicant is required to coat and protect all wall surfaces with a graffiti resistant finish and/or material. Outdoor storage is prohibited, including the storage of vehicles. No portion of the site shall be used for the sale, display, or repair of motor vehicles, or the storage of materials or other goods or services without prior approval from the Community Development Department. All paved areas not intended to accommodate legitimate paved circulation patterns and parking spaces shall be landscaped. If in the future the City determines that a parking or circulation problem exists, the applicant may be required to implement immediate interim and permanent mitigation measures upon review and approval by the Community Development Department and the Public Works Department. Any modification to the site circulation and points of ingress and egress shall be approved in writing by the Public Works and Community Development Departments. Major modifications to access, landscaping, or the number of parking spaces may require consideration of a new Conditional Use Permit by the Planning Commission at the discretion of the Community Development Director. No signs or other forms of advertising or attraction may be placed on the site without approval from the Community Development Department. Prior to issuance of any grading or 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. Exhibit A Resolution No. 3982 Page 8 A. Building plan check and permit fees to the Community Development Department based on the most cu rrent schedule. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. (2) 6.2 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.