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HomeMy WebLinkAboutPC RES 4398 RESOLUTION NO. 4398 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2019-00001, DESIGN REVIEW 2019-00005, AND LOT LINE ADJUSTMENT 2019-00001 FOR JOINT-USE PARKING, SITE AND BUILDING IMPROVEMENTS,AND A LOT LINE ADJUSTMENT AT THE EXISTING BROADCASTING FACILITY LOCATED AT 2442 MICHELLE DRIVE, 14131, 14152, AND 14171 CHAMBERS ROAD, AND 14101 AND 14131 FRANKLIN AVENUE. 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 CUP 2019-00001, DR 2019-00005, and LLA 2019- 00001 was submitted by Douglas S. Ely of DSEA Inc. on behalf of Trinity Christian Center of Santa Ana doing business as Trinity Broadcasting Network for the project, which includes requests for joint-use parking; fagade, landscape, and hardscape improvements, including modified parking stalls; and a lot line adjustment for the consolidation of four(4) parcels into one (1) parcel at an existing broadcasting facility at 2442 Michelle Drive; 14131, 14152, and 14171 Chambers Road; and 14101 and 14131 Franklin Avenue. B. That the development application includes the following requests: 1. CUP 2019-00001 for the establishment of joint-use parking. 2. DR 2019-00005 for the design and site layout associated with fagade, landscape and hardscape improvements, including modified parking stalls. 3. LLA 2019-00001 to modify lot lines to consolidate four_�4) lots into one (1) parcel. C. That the site is zoned as Planned Community Industrial (PC-IND) and designated as Planned Community Commercial/Business by the Tustin General Plan. 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 LLA 2019-00001 can be supported by the following findings: 1. The LLA involves four (4) existing adjoining parcels. 2. That no more than four(4) parcels will result from the LLA. 3. The resulting parcel from the LLA will conform to the Tustin General Plan. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PCICC POLICY (4) DESIGN REVIEW *"* EXCEPTION Resolution No. 4398 Page 2 E. That Tustin City Code (TCC) Section 9264 allows for parking spaces to be shared among all properties on the project site and for parking spaces to be used jointly for uses with different peak hours of operation with the approval of a CUP, and a CUP can be supported by the following findings: 1. That a revised Parking Study dated December 29, 2019, was prepared by a licensed traffic engineer (Denis R. Bilodeau of Infrastructure Group Inc.) in accordance with TCC Section 9264. 2. That the revised Parking Study has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy. 3. That the project site will provide a minimum of 270 parking spaces. 4. That pursuant to TCC 9263 and the Planned Community District Regulations, the proposed uses at the site upon full interior build-out would require a minimum of 270 parking spaces to accommodate all uses (four (4) production studios with one (1) per address operating concurrently). The parking demand analysis determined a current peak use of 166 spaces; that adequate parking is available; and, no substantial conflict will exist in the peak hours of parking demand for the facility for the proposed uses. 5. That all of the on-site parking spaces are designated for joint-use and are located such that they will adequately serve the uses for which they are intended. 6. That the proposed uses, as conditioned, will not have a negative effect on surrounding properties, or impact traffic based on the availability of parking in that sufficient parking would be available on-site. 7. That any change to the uses on-site may require a new parking demand analysis to be reviewed and approved by the City. 8. That a written agreement is required to be recorded on each property involved to ensure the continued availability of the number of parking spaces designated for joint-use and the availability of reciprocal access easements. F. Pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed project 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 Commission has considered at least the following items: 1. Height, bulk, and area of buildings—No significant changes are proposed to the height, bulk, and area of the existing buildings in that the proposed project includes fagade enhancements that only project up to a total height of about 38.5 feet, and the building heights are similar to other buildings in the area. Resolution No. 4398 Page 3 2. Setbacks and site planning — No significant changes to the existing building setbacks are proposed. Site changes include driveway reconfigurations which will improve on-site circulation and site access from the adjacent public streets. 3. Exterior materials and colors -- The proposed exterior materials and colors are appropriate for the area in that the design provides a contemporary appearance and visual statement that engages passersby and visitors with its simple lines and glass exterior. 4. Type and pitch of roofs—The roof design is compatible in that it is flat with adequate parapet and equipment screening to fully screen roof top equipment. 5. Size and spacing of windows, doors, and other openings—The proposed design utilizes glass materials that create an inviting appearance from all angles of the buildings. 6. Towers and roof structures—The proposed design includes architectural tower elements that are compatible with the overall proposed contemporary design in that the towers are designed with colors and glass material that complement other proposed features. 7. Location, height, and standards of exterior illumination -- The proposed site illumination, as conditioned, will be compatible with the building architecture and complement the site improvements and landscaping. As conditioned, the project will comply with site illumination standards and confine the lighting onto the property. 8. Landscaping, parking area design, and traffic circulation—The proposed landscaping, as conditioned, shall comply with the Water Efficient Landscape Ordinance requirements and the design includes accent trees to create visual interest. The proposed parking areas and circulation have been reviewed and determined to be in compliance with City requirements. 9. Location and appearance of equipment located outside an enclosed structure — As proposed and conditioned, equipment shall be fully screened with the building parapet, equipment screening or landscaping screening. 10. Location and method of refuse storage — As conditioned, the trash enclosure will provide adequate room for trash bin storage and easily allow for trash collection services. 11. Physical relationship of proposed structures to existing structures in the neighborhood—No changes are proposed to the locations of the existing buildings, and the existing building locations are compatible with existing structures in the area. Resolution No, 4398 Page 4 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares—The proposed redesigned buildings are compatible with existing and possible future structures in that the buildings will be contemporary in design, circulation is integrated among the subject properties and the building design and new landscaping will enhance the appearance of the site. 13. Development Guidelines and criteria as adopted by the City Council — The proposed project, as conditioned, complies with development standards and improves the existing site by providing contemporary design upgrades and new site improvements. G. That the City's Police Department has reviewed the application and, as conditioned, has no concerns. H. That a public hearing was duly called, noticed, and held on said application on December 10, 2019, by the Planning Commission and continued to the Planning Commission meeting of January 28, 2020. I. That this project is Categorically Exempt pursuant to Section 15301, Class 1 and Section 15305, Class 5 of the California Code of Regulations (Guidelines for the California E=nvironmental Quality Act). ll. The Planning Commission hereby approves CUP 2019-00001, DR 2019-00005, and LLA 2019-00001 authorizing the establishment of joint-use parking; facade, landscape, and hardscape improvements, including modified parking stalls; and a LLA for the consolidation of four (4) parcels into one (1) parcel at an existing broadcasting facility located at 2442 Michelle Drive; 14131, 14152, and 14171 Chambers Road; and 14101 and 14131 Franklin Avenue, subject to the conditions contained within Exhibit A attached hereto. Resolution No. 4398 Page PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 281" day of January, 2020, AMY �" Chairperson JLJ&INA L, WILLKOM Acting Planning Commission Secretary STATE OF CALIFORNIA COUNT" OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Sinsack, the undersigned, hereby certify that I ern the Planning Commission Secretary of the City" of Tustin, California; that Resolution No. 4398 was duly" passed and adopted at a regular meetingi of the Tustin Planning Commission, held on the 28th day of January, 2020. PLANNING COMMISSIONER AYES: MAI, Gal.la 'lier, jr ha, Kozak, Mason (a) PLANNING COMMISSIONER N OC ES- PLANNING COMMISSIONER ASSTAIN~J!ED,1 PLANNING COMMISSIONER ABSENT: 40tTl L WWILLKOM Acting Planning Commission Secretary Resolution No. 4398 Page 6 EXHIBIT A RESOLUTION NO. 4398 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT (CUP) 2019-00001 DESIGN REVIEW (DR) 2019-00005 LOT LINE ADJUSTMENT (LLA) 2019-00001 2442 MICHELLE DRIVE 14131, 14152, AND 14171 CHAMBERS ROAD AND ,' r t 14101 AND 14131 FRANKLIN AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the plans and parking study for the project date stamped January 28, 2020, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 This approval shall become null and void unless Phase I work begins within twelve (12) months of the date of this Exhibit and work progresses in accordance with the approved phasing schedule. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Unless otherwise specified,the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of CUP 2019-00001, DR 2019-00005, and LLA 2019-00001 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 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. (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 CUP 20.19-00001 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. if the use Resolution No. 4398 Page 7 is not operated in accordance CUP 2019-00001, or is found to be a nuisance or negative impacts are affecting the surrounding businesses or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.8 As a condition of approval of CUP 2019-00001, DR 2019-00005, and LLA 2019- 00001, the applicant and property owner 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 and property owner 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. USE RESTRICTIONS *** 2.1 Upon completion of Phase I of the project, a minimum of 270 on-site parking spaces shall be maintained at all times. During Phase I construction, a minimum of 242 on-site parking spaces shall be provided. Any reduction of on-site parking, change of tenant spaces/uses, parking tot and/or circulation shall be reviewed and approved by the Community Development Department. *** 2.2 if in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project or if the parking analysis does not support the uses as concluded,the Community Development Director may require the applicant to prepare a second parking demand analysis and bear all associated costs. If the second study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent measures to be reviewed and approved by the Community Development Department and the Public Works Department. *** 2.3 The facility shall operate in accordance with the approved joint use parking study for the project and the following square footage limits shall apply at project completion: Office: 43,910 square feet Manufacturing/Studios: 84,440 square feet Storage: 23,035 square feet Any changes to the square footages by use require review and approval of the Community Development Director and may require an amendment to the joint use parking study. *** 2.4 The maximum number of live studio audience guests on the entire campus shall be limited to 100 invited guests between the hours of 8:00 a.m. and 5:30 p.m., Monday through Friday, unless the applicant enters into a shared parking agreement with a neighboring property owner that is approved by the City, or has additional audience members arrive by bus or van, with all loading and unloading Resolution No. 4398 Page 8 of guests occurring on-site. After 5:30 p.m. and on weekends, the number of live studio audience guests shall be limited to Fire Marshall occupancy limits of the studio audience studio, which is 300 total persons. Unless approved otherwise by the Community Development Director, buses and vans shall not park on-site during regular business hours of 8:00 a.m. to 5:30 p.m., Monday through Friday, when the live studio audience exceeds 100 persons. Buses and vans may park on-site during non-business hours when a live studio production is taking place. Approval of any on-street parking shall be in association with temporary use permit events, which are limited to a maximum of four (4) events per calendar year. *** 2.5 A maximum of one (1) production studio per building (a campus total of four (4) production studios) shall be in use at any one (1) time. *** 2.6 A recorded reciprocal access and parking agreement shall be drawn to the satisfaction of the City Attorney and Community Development Director and executed prior to final inspections for Phase 1. The agreement shall be recorded on all parcels subject to the agreement. DESIGN REVIEW (4) 3.1 All rooftop equipment shall be fully screened with screening height a minimum six (6) inches taller than the rooftop equipment. The screening shall be subject to Community Development Department inspection and approval. (4) 3.2 Utility cabinets, utility meters, transformers, backflow preventer devices and other similar elements located outside the building.shall be fully screened architecturally or with landscaping. The screening shall be subject to Community Development Department inspection and approval. (4) 3.3 Backflow preventer devices and double detector checks shall be painted to match surrounding landscaping when in planting areas or painted to match the building when located adjacent to a building. Landscaping shall be utilized to screen the devices. (4) 3.4 All utilities, including electrical, telephone, television and similar service wires/cables that provide direct service to the property, shall be installed underground. (4) 3.5 No exterior downspouts shall be permitted. All roof drainage shall utilize interior piping and may have exterior outlets into landscaped areas at the base of the building. Any roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. (4) 3.6 An approved Master Sign Plan shall be required prior to sign permit issuance. (4) 3.7 Project materials shall comply with those in the approved plans. City staff may request additional color and material samples at the time of plan check. Substitutions to the approved materials may occur subject to the approval of the Community Development Director. Enhancements to the architectural detailing may be required at the time of plan check based on the proposed materials. Resolution No. 4398 Page 9 (4) 3.8 All exterior colors and textures shall be submitted for review and approval of the Community Development Department. Colors, materials, and textures shall be coordinated with the architectural styles and noted in construction plans. (4) 3.9 All colors, materials, and features shall be Installed and maintained as shown on the approved plans. No changes to the exterior building colors, materials, textures, or features shall be permitted unless approved by the Community Development Director. (4) 3.10 Four (4) inch striping detail shall be shown for all parking spaces. (4) 3.11 Pursuant to the City'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. (4) 3.12 Parking lot lighting shall be in conformance with the City's Security Ordinance and also facilitate pedestrian circulation within the parking lot. All lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. (4) 3.13 A note shall be provided on the final plans that a six (6) foot high chain link fence shall be installed around exterior construction areas 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. PLAN SUBMITTAL (3) 4.1 All construction shall comply with 2019 California Residential Code, California Building Code, California Mechanical Code, California Electrical Code, California Plumbing Code, California Green Code and California Energy Code. (3) 4.2 A building permit is required for all construction and remodeling. (3) 4.3 Architectural plans, egress plans, plumbing, mechanical, electrical and structural plans are to be submitted with the permit application. (3) 4.4 At least one (1) accessible route shall be provided within the site from the accessible parking spaces and accessible passenger drop-off and loading zones; public streets and sidewalks; and public transportation stops to the accessible buildings or facilities entrance they serve. When more than one (1) route is provided, all routes must be accessible. (3) 4.5 Accessible restrooms and bathing facilities shall be provided per CBC chapter 11 B. (3) 4.6 A separate Landscape and Irrigation permit shall be required. Landscape Plans Resolution No. 4398 Page 10 must comply with the City's Water Efficient Landscape Ordinance. PUBLIC WORKS (1) 5.1 This development shall comply with all applicable provisions of the City's Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (5) 5.2 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Final Water Quality Management Plan (WQMP). The Final WQMP shall identify: the implementation of BMPs; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. (5) 5.3 Prior to submittal of a WQMP, the applicant shall submit a deposit of$2,700.00 to the Public Works Department for the estimated cost of reviewing the WQMP. (5) 5.4 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding O & M Plan to Fund and Maintain Water Quality BMPs. Consent to Inspect. and Indemnification", with the County Clerk-Recorder. This document shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. (5) 5.5 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. (5) 5.6 Prior to issuance of an Encroachment Permit, the applicant shall submit to the Public Works Department 24" x 36" reproducible street improvement plans, as prepared by a California Registered Civil Engineer, for approval. (5) 5.7 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveway aprons and sidewalk adjacent to the site where grading site work is proposed. The applicant shall remove and replace all driveway aprons at those locations to meet the most current ADA requirements and the City's most current Standards, including removing and replacing driveway aprons at 2442 Michelle Drive, 14101 Franklin Avenue, and 14131 Franklin Avenue. The driveway apron on Michelle Drive shall be designed and constructed per the City's Public Works Standard No. 210 (radius type driveway). (5) 5.8 It is the applicant's responsibility to relocate the existing water meter on Michelle Drive out of the proposed driveway approach and obtain the necessary approval and permit from the Irvine Ranch Water District (IRWD). (5) 5.9 As part of Phase 1 of project, applicant shall design and construct missing sidewalk adjacent to 14152 Chambers Road and 14101 Chambers Road. (5) 5.10 The applicant shall be responsible for abandoning, removing, and relocating all existing utilities within the current and proposed driveway apron areas. (5) 5.11 Deleted. Resolution No. 4398 Page 11 (5) 5.12 Construction and Demolition Waste Recycling and Reduction Plan (WRRP): a. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (TCC Section 4351, et al) to recycle at least sixty-five percent (66%) of the project waste material or the amount required by the California Green Building Standards Code. b. The applicant will be required to submit a fifty dollars ($50.00) application fee and a cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount will be collected in accordance with the TCC. c. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin." NOISE (1) 6.1 All construction operations including engine warm-up, delivery, and loadinglunloading of equipment and materials shall be subject to the provisions of the City's Noise Ordinance, as amended, and may take place only during the hours of 7:00 AM until 6:00 PM, Monday through Friday and 9:00 AM until 5:00 PM 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 the progress of the work. LAN DSCAPI NG/HARDSCAPE (1) 7.1 At plan check, complete detailed landscaping and irrigation plans for all landscaping areas are required, consistent with the City's adopted Landscaping requirements. The plans shall include the following: a. Include a summary table identifying plan materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. b. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. c. Show all property lines on the landscaping and irrigation plans, public right-of- way areas, sidewalk widths, parkway areas, and wall locations. d. The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. Resolution No. 4398 Page 12 e. Include a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. f. Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5)feet on center. Other sizes and spacing may be permitted subject to approval of the Community Development Department. g. Ground cover shall be planted eight (8) to twelve (12) inches on center, or as approved by the Community Development Department. h. Fences, wall, and equipment areas shall be screened with walls, vines, and/or trees. i. All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. (1) 7.2 On-site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments subject to the review and approval of the Community Development Department. (1) 7.3 All plant materials shall be installed in a healthy and vigorous condition typical to the species. Landscaping shall be maintained in a neat and healthy condition, which includes, but is not limited to trimming, mowing, weeding, litter removal, fertilizing, regular watering, and replacement of diseased or dead plants. FEES (1) 8.1 Within forty-eight (49) hours of approval of the subject project, the applicadt.shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) 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. (1) 8.2 Prior to the issuance of any building permits, payment shall be made for all applicable fees, including but not limited to, those listed below. 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. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department.