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HomeMy WebLinkAboutPC RES 3711 ] RESOLUTION NO. 3711 2 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 99-021 4 AUTHORIZING OPERATION OF A 2,128 SQUARE FOOT CONTRACTOR'S OFFICE AT 505 W. FIRST STREET. 5 6 The Planning Commission does hereby resolve as follows: ? I. The Planning Commission finds and determines as follows: 8 A. That a proper application for Conditional Use Permit 99-029 was filed by 9 L.J. Hausner to request authorization to operate a 2,128 square foot contractor's office at 505 W. First Street more specifically described as 10 Assessor's Parcel No. 401-521-13. ]l B. Pursuant to First Street Specific Plan (FSSP), contractor's offices are 22 conditionally permitted in the Office as Primary Use designation. 13 C. That a public hearing was duly called, noticed and held on said application 24 on January 24, 2000 by the Planning Commission. ~5 D. Ttiat the establishment, maintenance and operation of the contractor's 36 office will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or 37 working in the neighborhood of such proposed use, nor be injurious or 3s detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as ~9 evidenced by the following findings: 20 1) As conditioned, the proposed use will not be detrimental to health, 23 safety, morals, comfort and general welfare of the persons residing in or working in the neighborhood in that: 22 ~-s · The operations of the contractor's office would be similar to permitted office uses; 24 · Storage and delivery of all construction related materials would occur at off-site locations; 25 · No company owned vehicles or loading and unloading activities :6 that could potentially impact the noise level in the area would occur a the project location; and, :? · The property would be maintained in a sanitary condition and no :g construction-related debris or trash will be deposited in the on- site trash bin. 29 · The hours of operation are proposed from 9:00 a.m. to 5:00 p.m Monday through Friday, compatible with the surrounding uses. · The property is separated from the residential uses on the north by a 6 foot and 8 inches concrete block wall that would mitigate any potential noise from the parking area. ! ',esolution No. 3711 2 ~age 2 3 4 2) As conditioned, the proposed use is compatible with uses in the s surrounding area and will not be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City in that the 6 nature, operation and scale of the office use is compatible with the surrounding residential and commercial uses. ? 8 E. The Commission finds that the proposed use will not impair the orderly and harmonious development of the. area, the present or future development 9 therein, or the occupancy as a whole. ~0 F. That this project is a categorically exempt pursuant to Section 15301 (Class ~ 1 ) of the California Environmental Quality Act. ~2 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 ~3 consistentwith the Air Quality Sub-Element. ]4 I. The Planning Commission hereby approves Conditional Use Permit 99-021 to ~5 operate a 2,128 square foot contractor's office on the property located at 505 W. ~6 First Street subject to the conditions contained in Exhibit A attached hereto. 17 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular ]8 meeting on the 24th day of January, 2000. 20 KOZAK 22 ELIZABETH A. BINSACK Planning Commission Secretary 23 24 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 25 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. 3711 was duly passed and adopted at a regular meeting of the Tustin 2~) ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 99-021 CONDITIONS OF APPROVAL RESOLUTION NO. 3711 GENERAL (1) 1.I The proposed project shall substantially conform with the submitted plans for the project date stamped January 24, 2000~ 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 if such modifications are 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 issuance of any building permits for the project, subject to review and approval of the Community Development Department. (1) 1.3 Approval of Conditional Use Permit 99-021 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) 1.4 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. (1) 1.5 This Conditional Use Permit may be reviewed by the Director of Community Development within six (6) months after the date of this approval and at six (6) month intervals thereafter, or more frequently if necessary., to determine if the operations are conducted in accordance with this approval. If the Director of Community Development determines that the method of operation is inconsistent with any of the conditions of this approval or other applicable regulations, the applicant shall upon notice cease all violations. The Director of Community Development may also impose additional conditions or modifications to the existing conditions or facilities as part of such review to protect the public health, safety and general welfare. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS Exhibit A Resolution No. 3711 JanuaW 24,2000 Page 2 (1) 1.6 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 for each violation and each day the violation exists. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action. *** 1.8 The applicant shall remove the two (2) existing wall mounted signs on the east and west elevations within twenty-one (21) days of approval of Conditional Use Permit 99-021. The cabinet sign facing First Street shall be refaced according to the approved plans and the City's Sign Code subject to final approval of the Community Development Department. USE RESTRICTIONS *** 2.1 No storage of building or construction materials is allowed inside the tenant space or in the common areas of the building including the walkways and parking areas. *** 2.2 No loading and unloading of building or construction materials is allowed on- site. *** 2.3 No company owned construction vehicles shall be parked in the parking lot- or adjacent roadways. *** 2.4 No building or construction related materials shall be deposited in the on-site trash bin or anywhere on the property. The property shall be maintained in a safe, clean and sanitary condition at all times. The applicant shall be responsible for daily collection of any trash or debris associated with the office use. *** 2.5 Hours of operation for the contractor's office shall be limited to Monday through Friday 9:00 a.m.. to 5:00 p.m. unless a modification is approved in writing by the Community Development Department. FEES (1) 3.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check Exhibit A Resolution No. 3711 January 24, 2000 Page 3 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.