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HomeMy WebLinkAboutZA 96-011/CUP 96-037, DR 96-051 1 ZONING ADMINISTRATOR ACTION 96-011 CONDITIONAL USE PERMIT 96-037 AND DESIGN REVIEW 96-051 DECEMBER 3, 1996 2 3 4 The Zoning Administrator of the City of Tustin does hereby resolve as follows: 5 6 I . 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Zoning Administrator finds and determines as follows: A. That a proper application, Conditional Use Permit 96-037 and Design Review 96-051, was filed by C.L. Burnett to authorize the establishment of a parking lot in a vacant 50' by 314' portion of an abandoned railroad right-of-way located to the north of,the Plaza La Fayette shopping center at 13031 Newport Avenue and to the west of the Wood Crest Apartments at 12901-12943 Newport Avenue. B. That the proposed use is allowed within the R- 3, Multiple-Family Residential District, with the approval of a Conditional Use Permit. C. That a public hearing was duly called, noticed and held on said application on December 3, 1996 by the Zoning Administrator. D. That establishment, maintenance, and operation of a parking lot in a residential district to serve an adjacent commercial shopping center, 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 expansion area will be used for employee and/ or valet parking only, thereby reducing the potential for noise and other nuisance impacts on adjacent properties. 2. Lighting will comply with the City's Security Ordinance and will be directed downward and will not produce glare or have a negative impact on adjacent properties. Zoning Administrator Action 96-011 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 E. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. The proposed parking spaces will not be permitted to count as required parking spaces for the shopping center or be used to accommodate additional parking intensive uses, such as restaurants or medical uses, in the shopping center. 4. The additional parking spaces will indirectly provide more parking for patrons of the shopping center," thereby mitigating parking demand impacts as required by Condition 6 .18 of Planning Commission Resolution No. 3413 (Variance No. 95-011). 5 . The adj acent residential uses will be buffered from the proposed parking lot expansion area by a solid 6' - 8 II block wall and/or existing garage or carport walls. Pursuant to Section 9272 of the Tustin Municipal Code, the Zoning Administrator finds that the location, size, architectural features and general appearance of the parking lot expansion area 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 Zoning Administrator has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site planning. 3. Landscaping, parking area design and traffic circulation. 4. Location, height and exterior illumination. of standards 5. Location and method of refuse storage. 6 . Physical relationship improvements to existing the neighborhood. of proposed structures in 7. Appearance and design relationship of proposed improvements to existing structures and possible future structures in the neighborhood and public thoroughfares. Zoning Administrator Action 96-011 Page 3 1 2 3 4 5 6 7 8 II. 9 10 11 8. Development Guidelines and criteria as adopted by the City Council. F . This proj ect is categorically exempt (Class 11) pursuant to Section 15311 of the California Environmental Quality 'Act. G. That 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. The Zoning Administrator hereby approves Conditional Use Permit No. 96-037 and Design Review 96-051 to authorize the establishment of a parking lot in a vacant 50' by 314' portion of an abandoned railroad right-of-way located to the north of the Plaza La Fayette shopping center at 13031 Newport Avenue and to the west of the Wood Crest Apartments at 12901-12943 Newport Avenue. 12 PASSED AND ADOPTED by the Zoning Administrator of the 13 City of Tustin at a regular meeting held on the 3rd day of December, 1996. 14 15 ~ Rick Brown Zoning Administrator Designee 16 ~ 17~ BARBARA REYES 18 Recording Secretary 19 STATE OF CALIFORNIA 20 COUNTY OF ORANGE CITY OF TUSTIN 21 26 I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 96 - 011 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 3rd day of December, 1996. BARBARA REYE~ Recording Secretary 22 23 24 25 '27 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 96-011 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 96-037 AND DESIGN REVIEW 96-051 GENERAL (1) 1.1 The proposed proj ect shall substantially conform with the submitted plans for the project date stamped November 8, 1996, 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 Departme~t. (1) 1.3 The subject project approval shall become null and void unless the use is established 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. (1) 1.4 Approval of Conditional Use Permit 96-037 and Design Review 96 - 051 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. (1) 1.5 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of City's approval of the entitlement process for this project. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTION (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A CUP 96-037 and DR 96-051 December 3, 1996 Page 2 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 by a 6'- 8" high solid masonry wall measured from- the finish grade on the adjacent residential properties. This wall shall be required on, or adjacent to, the north, east and west property lines. If the wall is built directly on the property line, the written approval of the adjacent property owners will be required at plan check. The wall is not required to be built along the rear wall of the existing garages. In the event that the garages are removed in the future, the property owner of the shopping center shall be required, within sixty (60) days of removal, to construct a 6'-8" high solid block wall as a barrier in the exposed areas, subj ect to review and approval by the Community Development Director. Plans for the 6'- 8" high solid masonry wall shall be submitted to the Community Development Department at plan check. (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 17.5 feet in length plus an overhang of 2.5 feet. The drive aisle shall be a minimum of 25 feet in width. The turnaround space shall be a minimum of twelve (12) feet in width and 17.5 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) footcandle 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. Manufacturer's details 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 four (4) feet in width shall be required along entire length of the east or west side of the parking lot expansion area. (4) 2.5 Six (6) inch raised concrete curbs shall be placed on- site adjacent to the perimeter boundary walls and carport walls, unless approved otherwise by the Community Development Director. Landscaping, gravel, concrete or other material acceptable to the Community Development Director may be placed between the curb and the walls. Exhibit A CUP 96-037 and DR 96-051 December 3, 1996 Page 3 (1) 2.6 The applicant shall be responsible for the daily maintenance and up-keep of the parking lot expansion area, including but not limited to trash removal, painting, 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 said structures and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. *** 2.7 The installation and'lor operation of outdoor public telephones or public address systems in the parking lot expansion area shall be prohibited. (4) 2 . 8 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. USE RESTRICTIONS *** 3.1 The parking spaces located in the parking lot expansion area shall not be counted toward the required number of parking spaces for the shopping center. Likewise, the spaces shall not be used to accommodate additional parking intensive uses or use expansions in the shopping center unless additional City approva~s are obtained. (5) 3.2 The use of the parking lot expansion area may be reviewed by the Communi ty Development Director on a biannual basis. If in the future the Community Development Director determines that noise, security, andlor 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 measures to be reviewed and approved by the Zoning Administrator. Said mitigation may include, but are not limited to, the following: a. Establish hours of use. b. Secure parking lot expansion area from adj acent parking area. c. Retain an on-site security guard Exhibit A CUP 96-037 and DR 96-051 December 3, 1996 Page 4 Failure to satisfy the above condition could be grounds for the Zoning Administrator to reconsider Conditional Use Permit 96-037 and Design Review 96-051 which may result in revocation. (5) 3.3 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) shall remain in full force and effect, unless made null and void by future City approvals. (5) 3.4 Prior to issuance of any permit, 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 applicant shall file a lot line adjustment, a reciprocal access agreement' or some other legally binding instrument 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 and/or valet parking only. Customer parking shall be prohibited, except in conjunction with a special event or under special circumstanc~s as approved by the Community Development Director. *** 3.6 Prior to the final inspection for any building permit, "Employee and Valet 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 Exhibit A CUP 96-037 and DR 96-051 December 3, 1996 Page 5 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 Loitering" signs shall be posted on the site, with sign details and locations to be approved by the Community Development Department. 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: 1994 Uniform Building Code with California Amendments 1994 Uniform Mechanical Code with California Amendments 1994 Uniform Plumbing Code with California Amendments 1993 National Electrical Code with California Amendments T-24 California Disabled Access Regulations T-24 California Energy Efficiency Standards City of Tustin Grading Ordinance City of Tustin Landscape and Irrigation Guidelines City of Tustin Private Improvement Standards City of Tustin Security Ordinance (1) 4 .2 Drainage from new areas shall be collected and drained to the existing drainage system at Plaza La Fayette. At plan check, the capacity of existing systems shall be calculated to be adequate. (5) 4.3 At plan check, provide project data to show the total number 'of parking spaces and the number of existing spaces accessible to disabled persons. Additional accessible parking spaces may be required on-site based on the total number of parking spaces. (5) 4 .4 At plan check, a photometric study of the proposed lighting for the parking lot expansion area shall be submitted to the Community Development Department. (5) 4.5 At plan check, three (3) sets of the site improvement plans, modified in accordance with this Exhibit, shall be submitted to the Community Development Department. (1) 4.6 At plan check, three (3) inch striping detail shall be shown for all parking spaces. Exhibit A CUP 96-037 and DR 96-051 December 3, 1996 Page 6 FIRE AUTHORITY (5) 5.1 Prior to the issuance of any building/grading permits, the applicant shall submit and obtain approval of plans for the parking lot, from the Fire Chief in consultation with the Manager, Traffic Engineering. The plans shall include the plan view, section view, and indicate the width of the drive aisle, measur~d flow line to flow line. All proposed fire apparatus turnarounds shall be clearly marked when a dead-end drive aisle exceeds 150 feet or when other conditions require it. (5) 5.2 A fire lane shall be established for the drive aisle. (5) 5.3 Prior to the issuance of any grading/building permits, the applicant shall submit and obtain approval from the Fire Chief for parking lot plans with fire lanes shown. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. (5) 5.4 Prior to the use of the parking lot, the approved fire lane marking plan shall be installed. FEES (1) 6.1 Prior to issuance of any building permits payment shall (5) 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 improvement plan check and permit Community Development Department. and fees private to the b. 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 c~eck, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the Californla Environmental Quality Act could be significantly lengthened.