Loading...
HomeMy WebLinkAboutCC RES 91-110-B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 91-110-B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 91-10 AUTHORIZING THE ESTABLISHMENT OF A TIRE SALES AND SERVICE BUSINESS ON THE PROPERTY LOCATED AT 135 SOUTH PROSPECT AVENUE The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: ao That a proper application, Conditional Use Permit 91-10, has been filed on behalf of Stephen Paquette to establish a tire sales and service business on the property located at 135 South Prospect Avenue Be That a public hearing before the Planning Commission was duly noticed, called and held July 22, 1991 for the subject requests. That an appeal was filed by the co-applicants on July 24, 1991. That an appeal hearing was duly noticed, called and held September 3, 1991, by the City Council. Ce That establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, 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 detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the city of Tustin as evidenced by the following findings: The improvements overall to the site propose upgrades which bring the project site into closer conformance with current codes and design standards providing a fresher appearance. The proposal will reduce the disruption in traffic flow on First Street by providing one ingress/egress approach where two presently exist. The use will provide a viable revenue source where presently none exists. The proposal will not have a negative impact to existing traffic volumes. 1 6 7 8 9 10 11 12 13 14 15 16 17, 18 22 9.7 28 Resolution No. ll0-B Page 2 II. D. A Negative Declaration has been prepared in accordance with the California Environmental Quality Act. The City Council hereby approves Conditional Use Permit No. 91-10 authorizing the establishment of a tire sales and service business at the property located at 135 South Prospect Avenue subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of th~']Tustin City Council, held on the 3rd day of September, 1991. Charles E. Puckett, Mayor Mary E.~nn, CitY'Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RESOLUTION NO. 91-110-B MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Resolution No. 91-110-B was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 3rd day of September, 1991 by the following vote: COUNCILMEMBER AYES: Puckett, Ed~Jr, Ports, Prescott COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED:No~e COUNCILMEMBER ABSENT: None Mar'~y E .~n~n: C~i ~C 1 erk EXHIBIT A CONDITIONAL USE PERMIT 91-10 CONDITIONS OF APPROVAL RESOLUTION NO. 91-110-B (i) (i) (i) (i) (i) GENERAL 1.1 1.2 The proposed project shall substantially conform with the submitted plans for the project date stamped September 3, 1991 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are determined to be consistent with the concept plans and provisions of the First Street Specific Plan. 1.3 Unless otherwise specified, all 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 by the Community Development Department. 1.4 Conditional Use Permit approval approval of Design Review 91-07 Agency. is contingent upon by the Redevelopment Conditional Use Permit 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. 1.5 Conditional Use Permit 91-10 approval is contingent upon approval of Amendment to Conditional Use Permit 89-25. 1.6 (1) 1.7 The applicant shall sign and return an Agreement to Conditions Imposed form prior to issuance of any building permits. Ail conditions of approval for Design Review 91-07 contained in Exhibit A of Resolution No. 91-111 shall be complied with prior to issuance of permits. SOURCE CODES (1) (2) STANDARD CONDITION EIR MITIGATION (3) (4) UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTION (5) SPECIFIC PLAN (6) RESPONSIBLE AGENCY REQUIREMENT (7) LANDSCAPING GUIDELINES (8) PC/CC POLICY Exhibit A Resolution No. 91-110-B Page 2 PLAN SUBMITTAL 2.1 At building plan check, the following items shall be submitted: (3) A. (2) B. (3) (1) C. (1) D. (6) (1) E. Construction plans, structural calculations, and Title 24 energy calculations, Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. Preliminary technical detail and plans for all utility installations including cable TV, telephone, gas, water and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. A separate 24" x 36" street improvement plan shall be prepared showing all proposed construction within the public right-of-way which shall include, but not be limited to, curb and gutter, sidewalks, drive aprons, undergrounding utility connections and construction of all missing or damaged public improvements adjacent to this development. Prior to the issuance of any building permits for combustible construction, evidence that a water supply for fire protection is available shall be submitted to and approved by the Fire Department. fire hydrants shall be in place and operational to meet the required fire flow prior to commencing construction with combustible materials. Ail doors, locks and entryways, including air conditioning air ducts, shall be secured with locking devices in accordance with the Tustin Security Code. OPERATIONS *** 3.1 The operation of the tire service business shall at all times be in compliance with the City's exterior noise standard pursuant to Section 4100 et seq of the city Code which limits noise generation to a maximum of 60 dBa. Exhibit A Resolution No. 91-110-B Page 3 *** 3.2 *** 3.3 *** 3.4 *** 3.5 Ail servicing of vehicles must be performed within the service bays and all vehicles not being serviced must be parked in a designated parking space. Ail servicing of vehicles shall be restricted to brake and/or tire repair/replacement. The approval of this use permit for this property shall not constitute authorization for other automotive repair work, including heavy line or body work. The approval of this use permit shall only authorize the bays 1 through 4 as service bays and shall restrict bays 5 and 6 to tire balancing and storage. Applicant has voluntarily offered to record an offer to dedicate up to ten feet on Prospect Avenue as may be deemed necessary by the City Engineer in the future for Prospect Avenue widening. Prior to the recordation, said offer to dedicate shall be subject to review and approval of the City Engineer and the City Attorney prior to issuance of a building permit for the subject project. (1) (2) (2) PARKING/CIRCULATION 4.1 A reciprocal parking and ingress/egress easement between 135 South Prospect Avenue and 240 East First Street shall be executed and recorded, subject to approval by the Community Development Department Director and the city Attorney prior to the issuance of any permits. 4.2 Improvement plans for parking lot, landscaping modifications and driveway closure on the property to the west shall be prepared and submitted at the time of plan check. Said plans shall be prepared in accordance with the City's Parking Lot and Landscaping Development Standards with the exception of those development bonuses granted. 4.3 Parking stalls 8, 9 and 10 shall be reserved for use by the medical office and stalls 15 and 16 for the other office uses. The design of such designation shall be included in submitted construction drawings for approval by the Community Development Department. 4.4 "Fire-Lane/No Parking' designation shall be shown on the submitted construction drawings along the service bay frontage. Design shall be reviewed and approved by the Exhibit A Resolution No. 91-110-B Page 4 (2) 4.5 (2) 4.6 (2) 4.7 Community Development Department. department and Engineering A "Right Turn Only" sign should be placed at the First Street driveway as approved by the City Engineer. Traffic direction arrows should be painted onto the drive aisle surface at locations, as shown on Figure 2 of the traffic consultant's report, and as approved by the City Engineer. The owner shall be required to prepare a comprehensive parking demand study one year from the issuance of a certificate of occupancy for the tire service business. If said report indicates inadequate on-site parking, the owner at the discretion of the City shall provide additional mitigation to offset parking impacts by implementing one of the following alternatives, with the determination of the acceptable alternate subject to review and approval by the City. A. Secure off-site parking and execute a recordable parking agreement from adjacent property owners; B. Reduce the number of service bays in order to correspondingly reduce required parking for the use. (1) FEES 5.1 The applicant shall pay all applicable fees prior to the issuance of permits, including, but not limited to: A. Building Permit and Plan Check fees to the Community Development Department. 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 $25.00 (twenty-five dollars) pursuant to AB 3185, Chapter 1706, Statutes of 1990, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period that the applicant has not delivered to the Community Development Department the above- noted check, the approval for the project granted Exhibit A Resolution No. 91-110-B Page 5 AEB:nm herein shall be considered automatically null and void. In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hours of notification, a cashier's check payable to the COUNTY CLERK in the amount of $1,250 (one thousand, two hundred fifty dollars) pursuant to AB 3158, Chapter 1706, Statutes of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid.