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HomeMy WebLinkAbout03 CUP 09-030ITEM #3 Report to the Planning Commission DATE: SUBJECT: APPLICANT/ PROPERTY OWNER: LOCATION: GENERAL PLAN ZONING: ENVIRONMENTAL STATUS: REQUEST: JANUARY 11, 2011 CONDITIONAL USE PERMIT CUP 09-030 MARCONI FOUNDATION FOR KIDS 1302 INDUSTRIAL DRIVE TUSTIN , CA 92780 1302 INDUSTRIAL DRIVE PLANNED COMMUNITY COMMERCIAL/BUSINESS PLANNED COMMUNITY (PC) PACIFIC CENTER EAST SPECIFIC PLAN THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT A REQUEST TO OPERATE AN ANCILLARY BANQUET FACILITY IN CONJUNCTION WITH AN AUTOMOTIVE MUSEUM. -~. ~~ ~. ~- ~ `` r -- ~ .~ i~ `.~ ~ f .J ~. :~ ~z_-- CUP 09-030 January 11, 2011 Page 2 RECOMMENDATION That the Planning Commission adopt Resolution No. 4166 approving Conditional Use Permit 09-030 and authorizing the use of ancillary banquet facilities in conjunction with an automotive museum located at 1302 Industrial Drive. The Marconi Foundation for Kids is a 501(c)(3) non-profit organization which owns the Marconi Automotive Museum. The museum has been at its current location since 1995 and is considered a permitted use pursuant to a determination by the Community Development Director in accordance with Section 4.5.E. of the Pacific Center East Specific Plan. Frequently the museum hosts special events and banquets on a temporary basis. The Foundation is now requesting a conditional use permit to permanently operate a banquet facility that would be ancillary to the primary museum use. On February 24, 2003, the City of Tustin Zoning Administrator adopted Zoning Administrator Action No. 03-002 approving Conditional Use Permit (CUP) 02-025 to allow an accessory banquet facility in conjunction with the Marconi Automotive Museum. The applicant chose not to proceed with the entitlements provided for under Conditional Use Permit 02-025, and this permit has since expired. Location The Marconi Automotive Museum is located within an industrial business park near the major intersection of Edinger Avenue and Red Hill Avenue. The project site is zoned as Planned Community and located within the Technology Center land use designation of the Pacific Center East Specific Plan. Marconi Museum CUP 09-030 January 11, 2011 Page 3 Surrounding Properties Surrounding uses include office, warehouse, and light industrial uses which are also zoned as Planned Community and located within the Pacific Center East Specific Plan. To the south and west of the project site lie uses located within the Technology Center land use designation of the Specific Plan. Office Center uses are designated to the north and east of the project site. Areas in the immediate vicinity of the project site are developed and comprised of freestanding warehouse and office buildings. Conditional Use Permit Banquet Facilities are not a listed use within the Technology Center in the Pacific Center East Specific Plan. Pursuant to Section 4.5.E. of the Specific Plan, those uses not specifically listed are subject to a determination of the Community Development Director as to being either permitted, conditionally permitted, or prohibited. Due to the fact that the banquet facility would be ancillary to the primary use of a museum and to ensure it would remain ancillary to the primary use, the Community Development Director had determined that ancillary banquet facilities within the Technology Center of the Pacific Center East Specific Plan could be conditionally permitted uses. Public Noficing A public hearing notice identifying the time, date, and location of the public hearing for the proposal was published in the Tustin News on December 30, 2010. Property owners within 30D feet of the site were notified of the hearing by mail; a hearing sign was posted on the site and at City Hall on December 30, 2010. Information regarding the item and hearing date is also posted on the City of Tustin website. DISCUSSIQN Marconi Automotive Museum The existing building has a gross floor area of 25,720 square feet with a 824 square foot storage mezzanine (Attachment C -Submitted Plans). No expansion of floor area is being proposed with this application. The bulk of the area is devoted to museum display of automobiles and motorcycles with minimal square footage used for administrative offices and storage. The ancillary banquet facility would be limited to an assembly area of 2,240 square feet within the museum. There are no kitchen facilities within the building; therefore, all events would require catering if food is served. CUP 09-030 January 11, 2011 Page 4 Parking The project site has 64 parking stalls on-site available for guests. There are no parking standards identified within the Pacific Center East Specific Plan for banquet facilities. However, the Tustin City Code identifies a parking requirement of one (1) parking stall for every 35 square feet of assembly area which has been applied to the project. Based on the available parking stalls on-site, this would allow for a banquet area of 2,240 square feet. The majority of events at the Marconi Automotive Museum would be private events which would not overlap with regular museum use. Therefore, when the museum is being used for ancillary banquet purposes, the on-site parking would be able to accommodate the most intensive use of assembly purposes. The proposed ancillary banquet area of 2,240 square feet can accommodate 149 persons based on an occupancy ratio of 1 personi15 square feet per the California Building Code. The existing building has a gross floor area of 25,720 square feet and has the potential to hold more than 149 persons. Any events that exceed 149 persons will need to provide additional parking to accommodate the guests. Proposed Condition 2.2 would require the applicant to provide additional parking off-site and/or use valet parking services. Should the facility wish to accommodate larger events that exceed the overall building occupancy limitations, a special event permit would be required and additional Building and Fire Code requirements would need to be met (Condition 2.3). Facility Upgrades The applicant is proposing a number of upgrades which would bring the facility into compliance with the accessibility requirements of the California Building Code (CBC). Some of these upgrades include installing a ramp at the rear entrance of the building, an accessible lift at the front of the building, and updating the existing restroom facilities. These improvements will require building permits. The City's Building Division has done a cursory review of the plans and will perform a complete evaluation at the time of plan check submittal. Additional information may necessitate further upgrades in order to accommodate the proposed use pursuant to adopted codes. The Orange County Fire Authority (OCFA) will also require a complete plan review submittal. Based on a preliminary review from the OCFA, the facility may require a fire alarm and upgrades to the CUP 09-030 January 11, 2011 Page 5 sprinkler system. These improvements would need to be completed prior to the proposed ancillary banquet use being implemented. Public Improvements The City of Tustin Public Works Department has conditioned the project to install missing or damaged public improvements. The applicant is required to install a concrete sidewalk along the street perimeter of the property where one does not currently exist. Driveways would also need to be reconstructed to meet current Federal ADA requirements and damaged curbing would need to be replaced. There has been a City Council policy in effect since January 19, 1987, to require the installation of sidewalks within industrial areas (Attachment E). These requirements are not new to this project and were required as a condition of approval to Conditional Use Permit 02-025 which had approved accessory banquet facilities for the Marconi Museum. The improvements were not implemented and CUP 02- 025 expired. Furthermore, the City has a signed agreement with the Marconi Foundation for Kids dated April 19, 1995, to provide the sidewalk improvements when requested by the City (Attachment D). This agreement was required in 1995 in conjunction with the original establishment of the automotive museum. The City's Water Division will also require the applicant to design and install a double check detector assembly on-site in order to protect the public water system from cross connections. Redevelopment Agency and Police Department The project site is located within a Redevelopment project area and the City of Tustin Redevelopment Agency has reviewed the proposed use and finds it to be consistent with the South Central Redevelopment Plan. The City of Tustin Police Department reviewed the application and has no concerns regarding the proposed use. FINDINGS In determining whether to approve the Conditional Use Permit for the proposed ancillary banquet facility in conjunction with the Marconi Automotive Museum, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request as conditioned may be supported by the following findings: The proposed banquet facility would be an ancillary use to the existing primary automotive museum use. 2. Pursuant to Section 4.5.E. of the Pacific Center East Specific Plan, the Community Development Director has determined that ancillary banquet CUP 09-030 January 11, 2011 Page 6 facilities are conditionally permitted uses within the Technology Center planning area of the Pacific Center East Specific Plan. The on-site parking can accommodate the designated 2,240 square foot assembly area for ancillary banquet use. 4. The proposed upgrades to the facility will bring it further into compliance with current California Building Code requirements for accessibility. 5. The construction of missing or damaged public improvements adjacent to the project site would ensure adequate pedestrian access and comply with the January 19, 1987, City Council policy requiring construction of sidewalks in industrial areas. Staff recommends that the Planning Commission adopt Resolution No. 4166 approving Conditional Use Permit 09-030 to authorize the use of ancillary banquet facilities in conjunction with an existing automotive museum located at 1302 Industrial Drive. ~, Ry wiontek Elizabeth A. Binsack Associate Plann er Community Development Director Attachments: A. Location Map B Land Use Fact Sheet C. Submitted Plans D. Marconi Agreement E. January 19, 1987 City Council Minutes F. Resolution No. 4166 ATTACHMENTA LOCATION MAP LOCATION MAP ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT (CUP 09-030 2. LOCATION: PACIFIC CENTER EAST -TECHNOLOGY CENTER 3. ADDRESS: 1302 INDUSTRIAL DRIVE. 4. APN:430-262-08 5. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: CUP 02-025 (EXPIRED) 6. SURROUNDING LAND USES: NORTH: OFFICE SOUTH: LIGHT INDUSTRIAL WEST: OFFICE EAST: LIGHT INDUSTRIAL/OFFICE 7. SURROUNDING ZONING DESIGNATION: NORTH: PLANNED COMMUNITY SOUTH: PLANNED COMMUNITY WEST: PLANNED COMMUNITY EAST: PLANNED COMMUNITY 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PC COMMERCIAL/BUSINESS SOUTH: PC COMMERCIAL/BUSINESS WEST: PC COMMERCIAUBUSINESS EAST: PC COMMERCIAL/BUSINESS 9. 51TE LAND USE: A. EXISTING: AUTOMOTIVE MUSEUM PROPOSED: ANCILLARY BANQUET FACILITY B. GENERAL PLAN: PC COMMERCIALlBUSINESS PROPOSED: SAME C. ZONING: PLANNED COMMUNITY PROPOSED: SAME DEVELOPMENT FACTS: NO CHANGE TO EXISTING DEVELOPMENT 11. LOT AREA: 1.794 GROSS ACRES 12. BUILDING AREA: 25,700 S.F. WITH 824 S.F. MEZZANINE 13. 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'` \/ I ; ~ I r ~ ~' ~ i,n« r ii; ~. `-~ i -, _ ,~ ~_~ I w i ~ ~~J ~~: ~, 'si `~'~ ~~ ,;~ ~, ~~ ~~, ~ ~~ - ~ ~ it ~ r ~ L ~ '~ .Y-Aq .1 _ __ u .~•~ti- - -.. x ~~.~ j ~~~ i ~~ r n - i~ p'r ~1 o+ ~© ~~~~' ~ w .e~;sa~,a~ Fi~~~9a° a d n ~ ~~ &~ ~~ d~°~ ~~ LL ~ }} L ~ ~ d ~ ~ ~7 id Q W 3 n ~~ ~~ ~3 .. .: .~: ~ia~d~ g _ ~~~ ~~-~~ ~~ ~~ ~ ~ ~ ~ ~q g ~a ~ 0 ~~'~ ~~~„~~a~ ~ t ~~ ~~~ ~ ~ 3 g ~ ~~ ~ ~~ ~ o ~ ~~ ~ ~ ~y ~ ~~ ~ Paz ~ ~~~`L~~ BnA~b~~ 0 2~3 ~~~~ e~ ~I~~•~~1~, U~4~{ ti 6• ~~~9~3~ ~~ ~ E`i!1? ~l~J w L7 F .S L yWl ~ x~ 41 F ~1 4 ~~~~ ~~~ ~« ~ „~~~ ~~°`-ea"°" sN~r~td woo~ls~~ a~~~r~-tN~ 3NIb WIb19MtU eJCi Q ~ s w ~ ~ ~ ~ L W w w ~ ~~ ~: ~ ~~ ""~`r~~ S~Ib'13a ~ S~lON b'~~O y y~ L i,iot~ ~1~~~~~ ~~1~b®(~Ic~~1( ~rI ~~®~~1b~Nl u O C, 7 Q r 4 r_ ~_ LL LL d7 LLI W LY W f- (~ W W O Z J ~) IIl I_ O W cD 11J U z ti ,Eh~ °e~ ~p yi ~s~~ ~~~~ ~i; t yB~€ 35 f[ ~L~ ~s?<@ x~6 ]s!i 1 'r r; `~~~ ~~~~r ~'~ x •~ L ~ ~ ' Ea~~~g~,^~~ a s n a Y-yygg ~r= P = I n „a~ a i '~4 ~ ~ y~~z - . • ~ F z,ER 9' C§'e ~~ €~ Y S ~ ~ P aa } 3 £~~ 4s~ ~~~ ~9~ g ~$ ~~ ~fi~ P- g, y y y~ u:. - ~= ~ ~ yy ~ ~ ~ I g~ 5~~ 6~ ~ ,D i~~ s9LL ~ .xY Y U Y~w o~ ~~ _ G oW ~ ~ i~ -,y€~ ll Z 3 ~ .x s ^'h~l 9EE ~} ;. Y• pp~ g~: ~c'e S9°3-: IL a ~ p ~ ~ v~ ` ° E ~~ SSSJJJ e ~ ~ ~y`~ ~ E ~y~ = ~$ ~' nq~ ~; ~~: ~ aC~ ~ i ~ yy !- ~ 5S f .1 3 9~~ Y A ~. 2Ei! ~ :°ti~ LL N 9i - --- € e 6 s a--1 ~ _ C $ ~ 9 yQ~~ L1 F ~~~ .I ~ ~ 5~ ~ O i ~ ~ ~ ~ ~ L ~~r~~ ., ke ~ ~ ~n ATTACHMENT D MARC~NI AGREEMENT RECORDING REQUESTED HY: City of Tustin WHEN RECORDED MAIL TO: City of Tustin 300 Centennial Way Tustin, CA, 92680 AGREEMENT TO CONSTRUCT SIDEWALKS' For and in consideration of the forbearance of the City of Tustin ("City") to require the immediate construction of a public sidewalk adjacent to the --------- ,~_ .. -r . T-_ - - - /vim/iN , L:f~ y2Gyc5 the undersigned hereby certifies that the undersigned is the sole owner of the real property described above and agrees to construct sidewalks adjacent to the above-described property to City specifications along the frontage(s) of said property at the undersigned's sole cost and expense upon demand by the City of Tustin. The undersigned agrees that in consideration of the issuance of a building permit at this time without prior or concurrent construction of said sidewalks as a result of the City Council action taken on September 8, 1992 the construction of said public sidewalks adjacent to the above-described property will be promptly commenced and expeditiously pursued to completion to City's approval when determined necessary or desirable by the City Council and notice of such Council action has been sent to the undersigned at the following address: Tr1~Ti2J /,rte ~ls~6L/ The undersigned further agrees that said public sidewalk shall have a minimum width of five (5) feet, and shall be utility clear, except in areas with concentrated retail uses, where it shall be eight (8) feet wide. The obligations of this Agreement shall be binding upon the undersigned, its heirs, executors, successors and assigns and shall be a burden upon and run with the land. Executed this _~~day of T -`~ ly-~. Owner: i/~~.i By: Title. canssdwlk ALL PQRPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ss COUNTY OF,~. -'. , ~ ~ } On this ~`~/ !-l_ day of , : ~_ ~~: 19~_, before me, .' ,. ,/ , ~,~,; :;~-.;,~ . „_ 1 ,%~Notary Public, personally appeared /%' personally known to me oR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. `. Witness my hand and official seal. ~ _ ..,.'I,~.. ~ ~ ~_ NOTARY SEAL , ~ l .=-~ ~C' ~;~ ' Signature of Notary „,. , LeQ Ann Nachtshsim L) Comm. #1028830 ^~ S ~ MOiARY hUBLIC • CALIFORNIAy` i OFANGE COUNTY t Comm. Gxpiro~ Junk 5, 1496 -~ CAPACITY CLAIMED BY SIGNER: Individual(s) Corporate Officers Title(s) Partner(s) General Partner of a Limited Partnership Attorney-in-Fact Trustee (s ) Subscribing Witness, Guardian/CozserL~toz SIGNER ZS REPRESENTING: Name of Person(s) or Entity(ies) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCTJMENT DESCRIBED TO THE RIGHT; Title or Type of Document: Number of Pages: Date of Document: Signer(s) Other Than Named Above: ATTACHMENT E JANUARY 19, 1987 CITY COUNCIL MINUTES CITY COUNCIL MINUTES Page 3, 1-19-87 RE50LUTION N0. 87-9 - A RESULUTION OF THE C[TY COUNCIL OF THE CITY OF iUSTIN APPROVING FINAL TRACT MAP N0. 1275) (EAST TUSTIN APART- MENT'S) Approved Final Tract Map No. 12759 for the East Tustin Apart- ments project located north of the Santa Ana Freeway, west of Jamboree, east of El Camino Real, by adoption of Resolution No. 87-9 as recommended by the Community Development Department and Planning Commission. gg '~" 8. EXTENSION OF CONTRACTS - EARL RO+dENHORST AND REED JENSEN Authorized extension of the employment contracts for Earl Rowenhorst and Reed Jensen to July 13, 1987, as recommended by the City Manager. 79 VII. ORDINANCES FOR INTRODUCTION None. VIII. ORDINANCES FOR ADOPTION None. IX. OLD BUSINESS 1. ELECTION CONSOLIDATION - RESOLUTION ND. 87-11 Pursuant to Council direction at the January 5, 1987, meeting, staff prepared subject resolution to consider consolidation of the municipal election with the Statewide General Election held in November of even-numbered years. Following a brief question-and-answer period, it was moved by ,,.~ Saltarelli, seconded by Kelly, to adopt the following resolution setting the matter of the proposed consolidation of elections for a ~ public hearing on February 2, 1987, and prescribing notice, RESOLUTION N0, 87-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 7USTIN, CALIFORNIA, DECLARING ITS INTENTION TO REQUIRE ITS GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWID~- GENERAL ELECTION AND FIXING A TIME AND PLACE OF PUBLIC HEARING THEREON The motion carried 5-0. 48 X, HEN BUSINESS 1. 1lIDTH OF SIDEWALKS IN THE INDUSTRIAL AREAS The Planning Commission has requested a formal policy decision from Council regarding sidewalk widths and requirements in the indus- trial areas. On two separate occasions at the request of devel- opers, projects were granted 5-foot sidewalk widths in lieu of the full 8-foot widths required by Council Resolution No. 81-4. Since then, sidewalk requirements have been established on a project-h,y- project basis subject to site circumstances, proposed use, and specific zoning regulations. ^^ Engineering staffi indicates' a uniform policy for 5-foot, utility clear sidewalks for the entire industrial area is appropriate, except areas with concentrated retail uses. Sidewalk meandering would be subject to specific design guidelines of specific plans and other documents, Community Development staff supports this position with the note that Planning Cormnission be allowed to devi- ate from those standards if considered appropriate. The staff report was presented by the Community Development Direc- tor as contained in the inter-com dated January 19, 1987, prepared by the Community Development Uepartrnent. Mayor Saltarelli was supportive of the staff recommendation. The Director of Community Development and Director of Public Works C[TY COUNCIL MINUTES Page 4, 1-19-87 responded to Council questions regarding sidewalk placement and retaining right-of-way lines and building setbacks. It was moved by Kennedy, seconded by Iloesterey, to establish a uni- form policy for 5-foot width, utility clear sidewalks for the entire industrial area, except in areas with concentrated retail uses where it shall remain 8-foot width. The notion carried 5-0. 92 2, SANTA ANA FREEWAY (I-5)/COSTA MESA FREEWAY (RTE. 55) INTERCHANGE MODIFICATION CalTrans is planning complete modification of subject interchange along with widening of both freeways within the immediate vicinity of the interchange, The Director of Public Works informed Mayor Saltarelli that the interchange modification project will not be affected by any delays on the basic widening project, The newspaper article refer- enced pertained to the I-5 freeway between the Costa Mesa .and Garden Grove freeways. Councilman Edyar noted that this was con- firmed by the CalTrans representative at the recent Transportation Commission meeting. The Director added that it is CalTrans' desire to accelerate Stage III and attempt construction concurrently with Stage II if all design and right-af-way acquisition can 17e completed in time. The Mayor thought Tustin should pressure CalTrans to do so since the interchange modification will increase access, but traffic will still be bottlenecked on the narrow freeways. As recommended in the inter-com dated January 14, 1987, prepared by the Public Works Department/Engineering Division, it was moved by Kennedy, seconded by Edyar, to approve the Freeway Agreement}-i the State of California for Stage II and 5taye III work on the I-51Rte, 55 Interchange Modification Project; and authorize the Mayor and City Clerk to execute same. Carried 5-0. 45; 87-8 Mayor Pro Tem Noesterey requested staff contact CalTrans about the passibility of restriping the merging lane on the I-5 between Rte. 55 and the Newport Avenue off ramp to relieve some of the congestion where vehicles merge in and out of traffic. 3, COLUMBUS TUSTIN PARK CONCESSION STAND LEASE AGREEMENT Proposed agreement is for use of the concession stand at Columbus Tustin Park. Mr. David Ascher has decided to make the concession stand a for-profit corporation with the intention of making dona- tions to non-profit youth organizations in the Tustin area. Councilwoman Kennedy expressed concern that the agreement does not require a minimum donation to youth groups, Council/staff discus- sion followed. The Recreation Superintendent responded to Council questions. The City Manager suggested that if there is Council consensus that there should be a built-in' for,nula for donating profits to youth groups, staff will work on that and bring it back to Council so there is no question about what is required of Mr, Ascher. Mr, Ascher stated he wi 11 pay the City I0~ ofi gross profits after the first year of operation. He explained the procedure for donat- ing profits to youth groups on an as-needed basis, with requests to be submitted in writing, Ne sta.ted he would not be interested in operating a concession stand which requires built-in percentages for various donations, Councilwoman Kennedy was strongly in favor of setting aside a cer- tain percentage for youth group donations, rather than leaving it to' Mr. Ascher's discretion. Mayor Pro Tem Hoesterey suggested a review period at the expiration of the agreement. ATTACHMENT F RESOLUTION NO. 4166 RESOLUTION NO. 4166 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 09-030 AUTHORIZING THE USE OF ANCILLARY BANQUET FACILITIES IN CONJUNCTION WITH AN EXISTING AUTOMOTIVE MUSEUM LOCATED AT 1302 INDUSTRIAL DRIVE. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit 09-030, was filed by the Marconi Foundation for Kids requesting authorization to operate an ancillary banquet facility in conjunction with an existing automotive museum located at 1302 Industrial Drive. B. That the Planned Community zoning designation, Pacific Center East Specific Plan, and Planned Community Commercial/Business General Plan land use designation provide for a variety of commercial, office, and industrial uses. 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. C. That pursuant to Section 4.5.E. of the Pacific Center East Specific Plan, the Community Development Director has determined that ancillary banquet facilities are conditionally permitted uses within the Technology Center planning area of the Pacific Center East Specific Plan. D. That a public hearing was duly called, noticed, and held for said application on January 11, 2011, by the Planning Commission. E. That the establishment, maintenance, and operation of the proposed use 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, 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 in that: The proposed banquet facility would be an ancillary use to the existing automotive museum. 2. The on-site parking can accommodate the designated 2,240 square foot assembly area for ancillary banquet use_ 3. The proposed upgrades to the facility will bring it further into compliance with current California Building Code requirements for accessibility. Resolution No. 4166 Page 2 4. The construction of missing or damaged public improvements adjacent to the project site would ensure adequate pedestrian access and comply with the January 19, 1987, City Council policy requiring construction of sidewalks in industrial areas. F. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Planning Commission hereby approves Conditional Use Permit 09-030 authorizing the establishment and operation of an ancillary banquet facility in conjunction with an existing automotive museum located at 1302 Industrial Drive. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 11t" day of January, 2011. STEVE KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4166 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11t" day of January, 2011. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION N0.4166 CONDITIONAL USE PERMIT 09-030 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 11, 2011, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Directar of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. 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 All conditions in this Exhibit shall be complied with subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 09-030 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 the issuance of an Administrative Citation pursuant to Tustin City Code Section 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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION {6) LANDSCAPING GUIDELINES (3) CALIFORNIA BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW **'~ EXCEPTION Exhibit A Resolution No. 4166 Page 2 (1) 1.7 As a condition of approval of Conditional Use Permit 09-030, the applicant 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 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. (1) 1.8 Conditional Use Permit 09-030 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with conditions of approval included in this Exhibit, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. USE RESTRICTIONS (***) 2.1 The ancillary banquet facility shall be limited to a maximum area of 2,240 square feet within the automotive museum. If in the future the applicant provides additional parking in compliance with the Pacific Center East Specific Plan and Tustin City Code, the ancillary banquet area may be increased at the discretion of the Community Development Director. (***) 2.2 The maximum occupancy for the ancillary banquet facility (2,240 square feet) within the building is 149 persons (1 person/15 s.f. ratio). Any events that exceed 149 persons will need to provide additional parking to accommodate the guests. Additional parking may be provided in a number of ways which include, but are not limited to joint use/reciprocal parking, shuttle bus transportation to the facility, and valet parking subject to the review and approval of the Community Development Department. (***) 2.3 Any events which exceed the overall building occupancy limitations shall require approval of a special event permit from the City of Tustin. All special event permits shall be submitted a minimum of thirty (30) days in advance of the event for consideration. (1) 2.4 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. Exhibit A Resolution No. 4166 Page 3 (1) 2.5 The applicant shall obtain all necessary permits/approvals from the Orange County Health Care Agency. (1) 2.6 All activities related to the proposed use shall comply with the Tustin Noise Ordinance. (1) 2.7 All businesses that will be operating within the City of Tustin in conjunction with events including vendors, caterers, event setup and clearing, shall be required to obtain a valid City of Tustin Business License. (1) 2.8 No alcoholic beverages shall be served, unless permits are obtained through the City of Tustin and the State Department of Alcoholic Beverage Control. Caterer's Permits and Daily Licenses for temporary events may be obtained directly from the State Department of Alcoholic Beverage Control. (1) 2.9 If in the future the City's Community Development Director, Police Chiefi, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis, traffic study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: (a) Adjust hours of operation. (b) Reduce the size of the ancillary banquet area. (c) Require additional on-site security personnel. (d) Provide additional parking. BUILDING DIVISION (3) 3.1 No events/banquets shall occur prior to the property owner upgrading the building to meet the California Building and Fire codes for the intended use and occupancy to include: building exiting, fire sprinklers, fire alarm system, and providing ramps/lifts for people with accessibility limitations. These upgrades will require issuance of a building permit. Due to the preliminary nature of the plans submitted for this conditional use permit, additional upgrades to the facility may be identified and required at the time of building plan check when detailed plans are provided. Exhibit A Resolution No. 4166 Page 4 (3) 3.2 The submitted plans indicate that a maximum occupancy of 400 persons is desired. A maximum of 400 occupant load would require a substantial modification of other features required by code. (1) 3.3 At the time of building permit application, the detailed plans shall comply with the latest edition of the codes, City Ordinances, State, Federal laws, and regulations as adopted by the City of Tustin. (1) 3.4 Building plan check submittal shall include the following: • Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. • Two (2) copies of Title 24 energy calculations if applicable. (1) 3.5 Prior to permit issuance, clearances will be required from the Orange County Health Department and Orange County Fire Authority. PUBLIC WORKS DEPARTMENT (7) 4.1 The applicant shall design and construct a concrete sidewalk along the project frontage of Woodlawn Avenue and Industrial Drive. The applicant shall remove all applicable trees (approximately five (5) trees) adjacent to the future sidewalk and raise the existing water meter to grade. The sidewalk shall be designed and constructed per City of Tustin Public Works standards and current federal Americans with Disability Act (ADA) requirements. (1) 4.2 The applicant shall design and reconstruct the two (2) driveways along Industrial Drive and one (1) driveway along Woodlawn Avenue to City of Tustin Public Works standards and current federal Americans with Disabilities Act (ADA) requirements. Depending on the applicable standard, an easement on private property for pedestrian access may be required. In this case, a legal description and sketch of the dedication area as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor shall be submitted to the Public Works Department for review and approval. (1) 4.3 The applicant shall design and reconstruct the existing damaged concrete curb along Industrial Drive and Woodlawn Avenue adjacent to the project frontage. The applicant shall design and reconstruct the curb drains along Woodlawn Avenue. The new curb (including the portion along Woodlawn Avenue between the driveway and the railroad property) shall be designed and constructed per City of Tustin Public Works standards and current federal Americans with Disability Act (ADA) requirements. Exhibit A Resolution No. 4166 Page 5 (1) 4.4 Prior to issuance of the first permit, a separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer for all construction within the public right-of-way, shall be submitted and approved by the Public Works Department. The construction of the public improvements shall be completed before issuance of a Certificate of Occupancy. Said plan shall include, but not be limited to, the following: a) Curb and gutter b) Sidewalk, including curb for the physically disabled c) Drive aprons d) Street paving e) Street lighting f) Domestic water facilities ramps g) Sanitary sewer facilities h) Landscape/irrigation i) Underground utility connections In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, shall be required. (1) 4.5 Any damage done to existing public street improvements and utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy. (1) 4.6 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. (1) 4.7 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. {1) 4.8 The water improvement plans shall follow the latest City of Tustin Water Standards and the American Water Works Association (AWWA) guidelines. In case of a conflict, the City of Tustin Water Standards shall prevail. (1) 4.9 The applicant shall design and install a double check detector assembly (DCDA) onsite to protect the public water system from cross connections. An easement for public utility access purposes must be dedicated to the City of Tustin. The easement shall start from the public right-of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. The applicant shall submit a legal description and sketch of the area to the Public Works Department for review and approval, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. (1) 4.10 The adequacy of a proposed water system plan for a proposed development project, including the number, size, and distribution of fire hydrants, must be reviewed by the Orange County Fire Authority (OCFA). Plans meeting Exhibit A Resolution No. 4166 Page 6 OCFA fire protection requirements must be stamped and approved by that agency. (1) 4.11 The applicant shall provide at least two (2) 4-yard bins on-site, with at least one (1) bin reserved for recyclable materials. (1) 4.12 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 (City Code Section 4351, et al) to recycle at least 50 percent of the project waste material. B. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed 5 percent of the project's valuation. C. Prior to issuance of a building 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." ORANGE COUNTY FIRE AUTHORITY (5) 5.1 Architectural Building Plans Service Codes: PR200-285 (New Construction Architectural Review) Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief as required per the "Orange County Fire Authority Plan Submittal Criteria Form." (5) 5.2 Automatic Fire Sprinkler Systems Service Codes: PR420-455 (Commercial Fire Sprinklers) A) Prior to the issuance of a building permit, the applicant shall submit plans for any addition or modification to the existing automatic fire sprinkler system in the structure to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." B) Prior to the issuance of a certificate of occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. Exhibit A Resolution No. 4166 Page 7 (5) 5.3 Fire Alarm System Service Codes: PR500-520 (Fire Alarm & Fire Sprinkler Monitoring Reviews) A) Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guideline for New and Existing Fire Alarm Systems." B) This system shall be operational prior to the issuance of a certificate of occupancy. FEES (2) 6.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check 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 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.