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HomeMy WebLinkAboutPC RES 3716I RESOLUTION NO. 3716 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 TUSTIN APPROVING CONDITIONAL USE PERMIT 00-004 AUTHORIZING THE OPERATION OF AN 811 SQUARE FOOT 4 CONTRACTOR'S OFFICE AT 275 CENTENNIAL WAY #211. 5 The Planning Commission does hereby resolve as follows: 6 I. The Planning Commission finds and determines as follows: ? s A, That a proper application for Conditional Use Permit 00-004 was filed by Orange County Construction' and Maintenance to request authorization to 9 operate an 811 square foot contractor's office at 275 Centennial Way #211 more specifically described as Assessor's Parcel No. 401 ~601-09. ~,0 ~ B. Pursuant to First Street Specific Plan (FSSP), contractor's offices are conditionally permitted within the Larwin Square Office Building. 23 C. That a public hearing was duly called, noticed and held on said application on February 28, 2000 by the Planning Commission. ]4 ~s D. That the establishment, maintenance and operation of the contractor's office will .not, under the circumstances of this case, be detrimental to the ~6 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 ~s subject property, or to the general welfare of the City of Tustin, as - evidenced by the following findings: 1) Conditionally permitting a contractor's office within an existing 20 building that was. developed' as and currently used for .offices is :1 compatible with other existing uses in the vicinity, similar to permitted uses in the "Commercial as Primary" land use designation, and 22 consistent with the provisions within the "Office as Primary" land use 23 designation for contractor's offices. 24 2) As conditioned, the proposed use will not be detrimental to health, safety, morals, comfort and general welfare of the persons residing 25 in or working in the neighborhood in that: 26 · The operations of the contractor's office would be similar to 27 permitted office uses; 2s · Storage and delivery of all construction related materials would occur at off-site locations; 29 · No company owned vehicles or loading and unloading activities that could potentially impact the noise level in the area would occur a the project location; · The property would be maintained in a sanitary condition and no Resolution No. 3716 2 Page 2 3 construction-related .debris or trash would be deposited in the on- site trash bin; and, 4 · The hours of operation from 7:00 a.m. to 6:00 p.m Monday 5 through Saturday would be compatible with the surrounding USES. 6 ? 3) As conditioned, the proposed use would be compatible with uses in the surrounding area and would not be injurious or detrimental to s property or improvements in the vicinity or to the welfare of the City in that the nature, operation and scale of the office use is compatible 9 with the surrounding commercial and office uses. 4) In 1999 a parking demand analysis was approved forthe center, and the proposed use would not result in an intensification of parking demand. ~3 E. The Commission finds that the proposed use will not impair the orderly and harmonious development of the area, the present or future development ~4 therein, or the occupancy as a whole. ]5 F. That this project is a categorically exempt pursuant to Section 15301 (Class ~6 1 ) 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. II. The Planning Commission hereby approves Conditional Use Permit 00-004 to 20 operate an 811 square foot contractor's office on the property located at 275 2~ Centennial Way, Suite #211, subject to the conditions contained in Exhibit A attached hereto. 22 23 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular 24 meeting on the 28th day of February, 2000. 26 /ST .~_~EN V. KOZAK 27 Chairperson ELIZABETH A. BINSACK Planning Commission Secretary t Resolution No. 3716 2 Page 3 3 STATE OF CALIFORNIA ) ' COUNTY OF ORANGE ) 4 CITY OF TUSTIN ) 5 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning 6 Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3716 was duly passed and adopted at a regular meeting of the Tustin ? Planning Commission, held on the 28th day of February, 2000. 8 ELIZABETH A. BINSACK z~ Planning Commission Secretary t2 13 14 20 22 23 24 25 26 27 EXHIBIT A CONDITIONAL USE PERMIT 00-004 CONDITIONS OF APPROVAL RESOLUTION NO. 3716 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped February 28, 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 during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1 o2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified. or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for tenant improvements such as the relocation of the door are issued within three (3) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted if a wdtten request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1 o4 Approval of Conditional Use Permit 00-004 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 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 CODEIS (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS Exhibit A Resolution No. 3716 (1) 1,6 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) 1,7 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 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. USE RESTRICTIONS *** 2.1 No storage, loading or unloading of building or construction materials is allowed inside the tenant space or in the common areas of the building or Larwin Square, including the walkways and parking areas. *** 2.2 No company owned or leased construction vehicles shall be parked in the parking lot of the building or Larwin Square, or on adjacent roadways. *** 2.3 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. *** 2.4 Hours of operation for the contractor's office shall be limited to 7:00 a.m. to 6:00 'p.m., Monday through Saturday, unless a modification is approved in writing by the Community Development Department. PLAN SUBMITTAL (1) 3.1 At plan check, submit four (4) sets of construction plans regarding the relocation of the door. No field changes shall be made without corrections submitted to and approved by the Community Development Department. (3) 3.2 Indicate on the title sheet of the plans that the plans shall comply with the 1997 Uniform Building Code, other related codes, City Ordinances, State and Federal laws and regulations. (4) 3.3 Specifications at Building Permit plan check submittal shall reflect materials call-outs on all elevations with applicable details and notes added. Exhibit A Resolution No. 3716 FEES (1)(5) 4ol Prior to issuance of any 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. A. Building plan check and permit fees, including any applicable permit penalties to the Community Development Department based on the most current schedule. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. (1) 4.2 Within forty-eight (48) hours of approval of the .subject project, the applicant shall deliver to the Community Development Department, a cashiers 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.