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Home My WebLink About01 APPEAL THE PLANNING COMMISSION DECISION- 1302 INDUSTRIAL DRIVEAgenda Item 1 • AGENDA REPORT Reviewed: Finance Director MEETING DATE: MARCH 15, 2011 TO: HONORABLE MAYOR AND COUNCIL MEMBERS VIA: DAVID C. BIGGS, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DECISION TO CONDITIONALLY APPROVE CONDITIONAL USE PERMIT 09-030 TO ALLOW FOR ANCILLARY BANQUET FACILITIES IN CONJUNCTION WITH AN EXISTING AUTOMOTIVE MUSEUM LOCATED AT 1302 INDUSTRIAL DRIVE. SUMMARY: On January 11, 2011, the City of Tustin Planning Commission adopted Resolution No. 4166, approving Conditional Use Permit (CUP) 09-030 to allow the Marconi Foundation for Kids to operate ancillary banquet facilities in conjunction with an existing automotive museum located at 1302 Industrial Drive. On January 19, 2011, an appeal of the Planning Commission's decision to conditionally approve CUP 09-030 was filed by the applicant, Marconi Foundation for Kids. The appeal specifically requests the removal of Conditions 4.1 through 4.5 of Resolution No. 4166 which pertain to required off-site improvements (i.e. new sidewalks, ADA compliant driveways, curb, etc.) within the public right-of-way. Pursuant to Tustin City Code Section 9294b, the appeal hearing before the City Council is de novo. Staff recommends that the City Council approve the project allowing ancillary banquet facilities in conjunction with the automotive museum use. The off-site public improvements are necessary for the following reasons: • Approval of the request is intensification from a warehouse use to assembly use; • The site uses adjacent parcels to meet its parking demand. Access to the project site without sidewalks will require people to walk in the street; • There is not adequate disabled access to and from the site; • The City Council set a policy in 1987 requiring construction of sidewalks in industrial areas. • An agreement was signed by the Marconi Foundation in 1995 agreeing to install the sidewalk; City Council Report Appeal of CUP 09-030 Page 2 • Other businesses have been required to install off-site improvements when significant improvements, change in occupancy, and/or intensification of uses are proposed; • A precedent would be set if the requirement is waived RECOMMENDATION: That the City Council adopt Resolution No. 11-17, 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 subject to certain conditions including the requirement to install off-site public improvements. FISCAL IMPACT: The applicant has paid the applicable application ($655) and appeal fees ($328). The actual cost associated with the project is approximately $6,500. The City's General Fund subsidizes the difference when the actual costs exceed application fees. ENVIRONMENTAL: This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Environmental Quality Act (CEQA). BACKGROUND: The Marconi Foundation for Kids is a 501(c)(3) non-profit organization which owns the Marconi Automotive Museum. The museum has been operating at its current location since 1995. The building has an occupancy and is approved for use as a warehouse. For several years, the museum has hosted and continues to host special events and banquets in conjunction with the operation of the automotive museum. Any assembly use such as banquet facilities would require building upgrades to accommodate the number of people held at these events and an approval of a Conditional Use Permit. 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. The Foundation is now requesting a conditional use permit to permanently operate a banquet facility that would be ancillary to the primary museum use. The Marconi Foundation has been operating the museum and banquet events without entitlements and permits and the building has not been upgraded to accommodate assembly uses. The City has requested compliance with the City and building codes since the Marconi Automotive Museum began operating in 1995 (Attachment F -Compliance Letters). In 2011, recent improvements to the building such as accessible restrooms, the addition of lifts, and fire code improvements have been installed to accommodate City Council Report Appeal of CUP 09-030 Page 3 temporary uses such as the Fight Night event. It was agreed at the time that the City and the Orange County Fire Authority would allow for a special event permit for Fight Night 2011, provided that no additional events will occur until the building can safely accommodate large groups. Several events have since occurred without the required improvements. Planning Commission Action On January 11, 2011, the City of Tustin Planning Commission held a public hearing to evaluate the application for Conditional Use Permit 09-030. The Planning Commission received testimony from the applicant and modified the conditions of approval as proposed by staff, at the request of the applicant. Conditions related to parking for the proposed ancillary banquet facilities were modified to allow the applicant to submit a master parking plan which would allow the applicant to host events that exceed the available on-site parking. The applicant also requested the removal of conditions of approval related to the installation of public improvements adjacent to the project site including: installation of sidewalks and replacement of damaged infrastructure such as curbing and driveways. The Planning Commission chose not to remove or modify the proposed conditions of approval related to the required installation of public improvements based on a number of reasons, among which was the difficulty of pedestrians (attendees, valet, personnel, caterers, etc.) to access the facility from adjacent properties and the public right-of-way. Planning Commissioners recounted first-hand experiences when attending events at the Marconi Museum where there was limited access to the site due to a lack of sidewalks. Safety issues were also noted as a reason for requiring the installation of public improvements. The Planning Commission did discuss possibly deferring the installation of the sidewalks and public improvements; however, decided against this since the installation had already been deferred since 1995. The applicant has been aware of the requirement to install sidewalks since opening the facility in 1995. A copy of the signed Agreement with the Marconi Foundation for Kids dated April 19, 1995, to provide the sidewalk improvements when requested by the City is attached as Attachment D. Appeal The Marconi Foundation for Kids filed an appeal of the Planning Commission's decision with the City Clerk's Office on January 19, 2011 (Attachment G). The appeal letter requests the removal of Conditions 4.1 - 4.5 of Planning Commission Resolution No. 4166 which pertain to the installation of public improvements. The letter notes that, "... the off- site improvement requirements, imposed by the Public Works Department, pose an economic hardship that would significantly detract from the Foundation's ability to achieve its goal of raising funds for local charities that benefit at-risk youth." The Foundation has also submitted letters of support which are included as Attachment H. The appeal hearing before the City Council is de novo. Options available to the City Council are to approve, approve with conditions, disapprove the matter, or remand the matter to the Planning Commission. City Council Report Appeal of CUP 09-030 Page 4 DISCUSSION: Location The Marconi Automotive Museum is located within an industrial business park near the major intersection of Edinger Avenue and Red Hill Avenue (Attachment A -Location Map). The project site is zoned as Planned Community and located within the Technology Center land use designation of the Pacific Center East Specific Plan. 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. City Council Report Appeal of CUP 09-030 Page 5 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. Parking 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. The project site has 64 parking stalls on-site available for guests. Based on the available parking stalls on-site, this would allow for a banquet area of 2,240 square feet. City Council Report Appeal of CUP 09-030 Page 6 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. Marconi proposes to use adjacent business parking should their events need additional parking than what they provide on site. A master parking plan could be submitted to include valet parking, shuttle bus transportation to the facility or joint/reciprocal parking to accommodate the additional parking demand. However, 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 A number of upgrades to accommodate an assembly use and which would bring the facility into compliance with the accessibility requirements of the California Building Code (CBC) are necessary. Some of these upgrades include installing a ramp and/or lifts at the entrance/exits of the building, updating the existing restroom facilities, fire code improvements, and compliance with Table 1604.5 of the California Building Code for assembly uses. A number of these improvements have recently been completed in conjunction with a Temporary Use Permit for the Fight Night event and may be used to accommodate future assembly uses. Public Improvements Conditions 4.1 through 4.5, which have been appealed by the applicant, require the installation of 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 CUP 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. City Council Report Appeal of CUP 09-030 Page 7 As buildings and facilities in the industrial areas are improved with significant modifications, changed in occupancy, and/or uses intensified, sidewalks and other public improvements are required to be installed. The following photos show the sidewalk improvements which have been installed on the properties that abut the Marconi Museum property. Another photo shows an up-close view of the existing right-of-way abutting the Marconi Museum. ~` ~ .~`,. ~,; , _`~ Marconi Museum _.... 4 _... _.a~-._.. ~»~~, ~ Polytak Protection _.. ~-""` - 1301 Santa Fe Dr ~; - - ~~~ .. Looking North from Adjacent Property The proposed use of ancillary banquet facilities at the subject properly substantially increases the numbers of guests frequenting the site, thus increasing the number of pedestrians accessing the site. In addition, a number of events may use valet services Entrance to the Marconi Museum Looking West from Adjacent Property City Council Report Appeal of CUP 09-030 Page 8 exclusively which require valet employees to run back and forth to the site to retrieve cars for guests from adjacent properties. Without sidewalks, pedestrians are required to walk in the street. FINDINGS: In determining whether to approve the Conditional Use Permit for the proposed ancillary banquet in conjunction with an automotive museum, the City Council may consider the following findings: 1. 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: a) The proposed banquet facility would be an ancillary use to the existing automotive museum. b) The on-site parking can accommodate the designated 2,240 square foot assembly area for ancillary banquet use. c) The proposed upgrades to the facility will bring it further into compliance with current California Building Code requirements 2. That the request is intensification from a warehouse to an assembly use; Marconi Museum -Corner of Industrial Dr & Woodlawn Ave City Council Report Appeal of CUP 09-030 Page 9 3. That Marconi Foundation proposes to utilize adjacent properties' parking areas to accommodate their parking demand should events exceed the number of parking spaces available on the site. Access to the project site without sidewalks will require people to walk in the street; 4. There is not adequate disabled access to and from the site; 5. That the requirement for off-site improvements complies with the January 19, 1987, City Council policy requiring construction of sidewalks in industrial areas. 6. That in 1995, the Marconi Foundation signed an Agreement to install the sidewalk; 7. That other properties in the area are subject to providing off-site improvements such as sidewalks and accessible improvements when significant modifications, additions, intensification of uses are proposed. Approved for Forwarding By: ~o~. ~°_ ~ do~-~ -tar Elizabeth Binsack Community Development Director i .~~, D id C. Biggs City Manager Attachments: A. Location Map B Land Use Fact Sheet C. Submitted Plans D. Marconi Agreement E. January 19, 1987 City Council Minutes F. Compliance Letters to Marconi Foundation G. Appeal of Planning Commission Decision H. Letter of Support for Marconi Foundation I. Planning Commission Resolution No. 4166 J. City Council Resolution No. 11-17 ~4TTACNMENT A Lt~~C~,TION ~A~ ~C?G~TICaiV M.~-F~ ATTACHMENT B LAND USE FACT SHEET iWAN~ USE l~RP~iCATiON F1~CT SPIFFY 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:430-2F2-08 5. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: CUP 02-025 (EXPIRED), 5. SURROUNDING LAND USES: NORTH: OFFICE SOUTH; LIGHT INDUSTRIAL WEST: OFFICE EAST: LIGHT INDUSTRIAUOFFICE 7. SURROUNDING ZONING DESIGNATION: NORTH: PLANNED COMMUNITY SOUTH: PLANNED COMMUNITY WEST: PLANNED COMMUNITY EAST: PLANNED COMMUNITY 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PC COMMERCIALIBUSINESS WEST: PC COMMERClAL/BU51NES5 9. SITE LAND USE: SOUTH: PC COMMERCIAL/BUSINESS EAST: PC COMMERCIAL/BUSINESS A. EXISTING: AUTOMOTIVE MUSEUM PROPOSED: ANCILLARY BANQUET FACILITY B. GENERAL PLAN: PC COMMERCIAUBUSINESS PROPOSED: SAME C. ZONING: PLANNED COMMUNITY PROPOSED: SAME DIEVELC3PMEN7' FACTS: NO CHANGE TO EXISTING DEVELOPMENT 11, LOT AREA: 1.794 GROSS ACRES 12. BUILDING AREA: 25 7fl0 S.F. WITH 824 S.F. MEZZANINE ~13. PARKING: ~a4 PARKING STALLS AT'TA,~HIVIENT C ~UE~INIITTED F'L~4NS ~i `~ YWi+ i4vK'4G li> Yuri+'vNrJ r'~--, ~~ I~J ~`~,~/~ (' 1 M1_~ ~_~v ~~ ~r_ ir~~ ~!~~ ~. ~~ «~ 2~~~ c ~_~ ~~ [ l~~ u ;R '~~ ~~~ f~ ~~~ ~~ ['""-"~1 ~~ ~~~ ~~ ~f ~°-~ (.~~~ G~~ ~/ ~~.__i l~ L~ ~4 v/~ ~='~/r ::::~ ~-~ ~--~ ~~ _._~ C__~__. 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A ~~ a ~ ~_ N a ' g __.__- __I J ^ . l S I ~ ~ ~ -- j ^1 r p _ z .y i ' U _ ~ q , _ -. ~-- ~ + --r ~--.._.~ .. s _. d) 1 `. _.. ,~TTA~HMEIVT L~ O~F~.~C}NI A~af'~EEIV~~~T RECC.~RZ7ING REQUESTEY7 F3Y: City of 'Tustin WHEN RCCCtRL)EL~ MAIL, 'i"U: City of Tustin 3C}t7 Centennial Way 'Tustin, CA. 926f3f1 AGREEMIJNT 'r0 CONSTRUCT STL7EWAT~ICS 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 property at L ~i 7//`.<~ C ~ r`rt/ t.~ 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 frantage(s} of said property at the undersigned's sole cost and expense upon demand by the City of Tustin. The undersigned agrees that in cansideration 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, 1492 the construction of said public sidewalks adjacent to the above-described praperty wi.1.l 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: z 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. fihe 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 a£ _~,~-L~ ~ ly~ r. cans dwl.k AT1T. 1'tJRPt7SE r'1CKNC?4~7T,EDGME~IT ST~i`I'E taF CA>~,IFOFtNIA 19`;' I before me, 4n this ~ ,f .z_ day of ~ ~ .. ~~ ~ ~r` ~~: ~.r _ ,~- ,' Notary Public, personally appeared Nass~c(~y of S'c:ncs{s? r`-~' 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 hisiherJtheir 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. ~1 ~ ~ ~--- NOT~4R.Y SEAL - ~ -.-~ r~'` ~~, "~ S~:gnature of Notary .- '~ Leo Ann Nachtsheim ~ ~ ~r , Comm. #1028830 ~ MOTdgv ?UBt iC - CALIfGgNtA~ :JFANGE COUNTY c Comm. Expiro~ Juns 5. 198 s CpF,AGg~y. C1.~AI24Ep gy SIGNER; SIGNER TS HEPRE5ENT'2NG: Name of Person(s) or Entity(ies} Tndividual(s} Corporate Officers '~itle(s} Partner(s) General Partner of a Limited Partnership Attorney-in-Fact Trugtee(s} Subscribing Witness, Guardian/Gcanser~ ~:'oz Other: ` . THIS CERTIT"TCfiTE tdCTST' BE ATT1~Cf3ED Tt} T13E UtJCUMENT DESCFtT6ED TO THE RIGHT: Title or Type of Document; Numbar o€ Pages: Gate o€ Documents Signer{s} Other Than gamed At~oves .~~T.~~NlU1~NT E ~.7I~'11~84„i ~ 9y ~7~d 5..~~ 1 ~ ~.+dgJ~lYb,.ri1.. #VI~~I.J 1 ~~ CITY CQl1Nf`IL MIN:ITES P<r~,e 3, I-19-S7 7. RESOLUTION MU. B7_g - A fiE.:,t71_UTION OF THE CCTV COUNCIL OF THE CITY C~i~ TIJSTIN APPitf7Vlhd6 FIN;~,L TRA%T l~,P NtJ, 12759 (EAST TUSTIPI A°A}77_ MF TIT S } Approved Final Tract Map hu. ]2%59 for the East Tustin Apart- rnents prajecg tacate~.t north of the Santa Ana Freeway, west of .larnt~iree, east of El Caraina Real, by adiotian at Resolution No. fi7_g as recim~nendad b,y the Comesunity Dr~velaprnent Uapartmerif and P3anniny Commission. 95 '""~` 9. I:XTfPESION OF CONTRACTS -EARL ROWENHORST AMU REED JENSEM Aue}7oriz~d extension r;f thr: emplrryment contracts for Earl krrNenhorst an<i Reed Jensen to Jelly I3, I;B7, a5 recommended by the City ht~rna;er, 79 VII. ORDINANCES FOR INTRODUCTION Nir7e, VIII. ORDINANCES FOR ADOPTION I4one, IX. OLD BUSINESS I, ELEGTIDM CONSOLIDATION -RESOLUTION NO, 87-I1 pursuant ti Council ~directian at the January 5, I9F37, r~reeting, staff prepared subject resolution ti insider cinsolidation of t!u municipal election witPi the statewide General Election held in klt,vember pf even-numbered years, Following a brief question-and-answer period, it was maven by a.. Saltare~l1i, secinded by Kelly, to adopt the folliwing resolution seC~Cing rite matter of the proposed canso1idation of elections for a public hearing on February Z, Ia$7, and prescribing nr7tice, RESOLUTION t~, £37-11 - A RESOLUTION OF TH[ CITY COUNCIL OF TFIE CIl~Y 47F TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO REpiJIRE ITS GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE C;ENERAL ELECTION AMID FIXING A TIME APdD PLACE OF PUSI_IC NEARIiJG THEREON The motirrn carried 5-O. hB X. MEk' BUSINESS 1. WIDTH OF SIDEbIALKS IN THE INDUSTRIAL AKEAS The Planning Corrunission has requested a formal policy deeisian Pram Coa~ncil recJarding sidewalk widths and raquiremerrts in the indus- trial areas, On Lwi separate aciasiins at the request if devel- ipwrs, larajects vrere grants~Q 5-fort sidewalk widths in ]ieu of the full 8-foot widths required by Council Resolution No. 8I-4. Store than, sidewalk requirements have been established err a project-b,y- I~raject hasis subject T:o site circumstances, proposed rase, and specific zoning reg~.rlattons. """" Engine2rir.g staff indicates a uniform policy far 5-fort, utility clear sidewalk, for the entire industrial aria is appropriate, except areas with cinc~:ntrated retail uses, Sidewalk meandering would be subject ~Ci specific design guidelines if specific plans and ether dor:umerfts, Con~ounity Devaliprzient staff supports this' ~aositiun with the note that Planning Camirtission be allowed to devi- ate franc those standards if considered apl~ripriate, 1'he staff rcpirt was presented t>y the Community Devi1upnrrr~t Dir4c- tor as contained in the inter-crnn elated January I9, I9k17, prepared t?~e Ctr,rrmunity Jcvelr~pment Jepartrnent. ii ~_~~}tarclli was s~pportiv~ ~,f' ll~a staff recoman~~ndatior~. ~fhe ~,r of Comn~run~iCy Je~~elup~nArt'; ania Df r«„c~kxr rt ;~ub~~ i~ vsorl;s r,n~ G~ui~icl~. MINU~r ~,~g„ q I_lg-~t7 responded to Council questions rerlarding sidewalk place~a~e~nt and retainin~~ rigFr•.-of-wayr lines and building setbacks. It w<~s moved by Kennedy, seconded by I;oesterr~s to establish a, uni- frarm p~i1icy for ~5-foot w=idth, utility cleae sidewalks for the entire industrial area, except in areas with Concentrated retail uses wtrere it shall remain &-foot width, The motion carried 5-0. 92 2« SAP(TA ItNA FREEWAY (I-5}/COSTA t~SA FREE~tAY (RTE. 55) INTERGNANGE MODIFICATION CalTrans is ~~lanning Complete +riodification of subject interchange alone with widening of both freeways within the immediate vicinity of the interchange. The Director of Public WorY.s informed Mayor Sa~ltarelli that the interchange modification project will not he affected by any delays on the basic widening project, The newspaper article refer- enced pertained ~to th' I-5 freeway between the Costa Tdesa .and Garden Grove fret~ways. Councilman Edgar noted that this was con- firmed by the CalTrans rt:presontative aT, the recent Transportation Cofnrnissicn meeting. The Director added that i~t is Cal Trans' desire to acr,:e1erata Stage III and attempt construction concurrently wif,h Stage II if all desi~yn and right-of-way acquisition can be Completed in time. The Mayor thought Tustin should pressure Ca7Trans to do so since the interchange modification will increase access, but traffic will still be bottlenecked on the narraar freeways, bs recommender) in the inter-com dated January 14, 1937, prepared by the Public Works Department/Engineeriney Division, it was moved by Y,ennady, seconded by C•d~~r, to approve the Freeway Agree~nen~~i ~thE~ Mate of California for Stage CT and Stage III work on the T-SIRte. 55 Interchange Mortification Project; and authorize T.he Mayer anti City Clerk to e.<er,ute same. (tarried 5-0. 45; 67-8 Mayor Pra Tem Noesterey requested staff contact Cal Trans about Che possibility of restriping the merging lane on the I-5 between ftte. 55 and t3it.~ Newport Rvenue offrai~7p to relieve same of the congestion where vef7icles merge in and out of traffic. 3. COLUt~I3US TUSTIN PARK CONCESSION STAND LEASE AGREENENT Proposed agreement is for use of 'the Concession stand at Columbus Tustin Park. Mr. David Ascher has derided to make the concession stand a for-profit corporation with the intention of making dona- tions to non-profit youth orgrinizations in the Tustin area. Councilwoman Kennedy expressed concern that the agreement does not require a minimum donation to youCtt groups. Councii/staff discus- sion fol'lawed. The Recreation Superintendent responded to Council questions. The City Manager suggested that if there is Council consensus that thi:.re should be a built-in~formu7a for donating profits to youth groups, staff will 4rork on that and briny it back to Council so the>re is no question ~zhout what is required of Mr. Ascher, Ihr. Ascher stated h? will pay the City 10~ of gross profits after the first year of operation. Fie explained the procedure for dcnat- iny profits to youth groups on an as-needed basis, with requests to he submitted in writin~l. He stated he would not he interested in Cpcratinq a Gone_ession stand which requires built-in percentages for various donations. Counci~lwon~~an Kennedy was strongly in favor of setting z~sidc a cer- tain ~~ercentage far youth drotrp d+~na+.;ions, r~~ath~r than leaving it Mr. Aseher's efiscretion. r' --r I'd'o Torn ~{ocst~rey st~~7gt-:steel a eeview peric~s~f at the tr.xfriration u tl._> agret~ment. ATTACHMENT Compliance Letters to Marconi Foundation ORANGE COUNTY FIRE AUTHORITY Fire Prevention Department -Safety and Environmental Services Section 1 Fire Authority Road, Irvine CA 92602 www.ocfa.org (714) 573-6182 /Fax (714) 368-8836 December 21, 2010 Austin Rogers, Consultant Marconi Automotive Museum 1302 Industrial Drive Tustin, CA 92780 RE: MARCONI MUSEUM ASSEMBLY PERMIT Dear Mr. Rogers, I am writing this letter as a follow-up to the meeting that took place on December 20, 2010. The meeting was held to discuss a Temporary Use Permit (TUP) for an event to be held on January 10, 2011 at the Marconi Museum hosted by Laura Bush. Although the Museum is currently under review for a permanent Conditional Use Permit (CUP), it does not currently meet the minimum safety standards for an assembly occupancy. The Orange County Fire Authority's (OCFA) primary concern is public safety, and history has shown that high occupant load environments, such as the events being held at your facility, pose a potentially high life-safety risk to those present. Due to public safety concerns, the following conditions must be met in order for the TUP to be approved by the OCFA: • All sprinklers shall be quick response type heads. Sprinkler plans shall be submitted and approved by the OCFA • Emergency lighting shall be provided throughout the facility. Plans shall be submitted and approved by the City of Tustin • Fire alarm plans shall be submitted and work begun prior to the event. Plans shall be submitted to the OCFA All City conditions of approval shall also be met prior to receiving OCFA approval. Please be advised that issuance of the TUP for this event does not transcend to future events. The OCFA is committed to our mission of facilitating both community safety and prosperity. In an effort to meet this mission, the OCFA will work with the City of Tustin to expedite the plan check and inspection process. Thank you for your cooperation in this matter. Serving the Cities of: Aliso Viejo • Btena Park • Cypress • Dana Point • Irvine • Laguna Hills • Laguna Niguel • Laguna Woods • Lake Forest • La Palma • L.os Alamits~ • Mission Viejo • Placentia • Rancho Santa Margarita • San Clemente • San Juan Capistrano • Seal Beach • Stanton • Tustin • Vila Park • Westminster • Yorba Linda and Unincorporated Areas of Orange County RESIDENTIAL SPRINKLERS AND SMOKE DETECTORS SAVE LIVES Marconi Automotive Museum December 21, 2010 Page 2 of 2 If you have any questions or concerns, I can be reached at 714-573-6252. Sincerely, Bryan Healey Assistant Fire Marshal cc: Laura Blaul, Fire Marshal Pete Bonano, Deputy Fire Marshal Elizabeth A Binsack, Community Development Director Serving the Cities of: Aliso Viejo • Buena Park • Cypress • Dana Point • Irvine • Laguna Hills • Laguna Niguel • Laguna Woosl• Lake Forest • La Palma • Los Alamitos • Mission Viejo • Placentia • Rancho Santa Margarita • San Clemente • San Juan Capistrano • Seal Beach • Stanton • Tustin • Vila Park • Westminster • Yorba Linda and Unincorporated Areas of Orange County RESIDENTIAL SPRINKLERS AND SMOKE DETECTORS SAVE LIVES Community Development Department August 14, 2009 Marianne Danielson Executive Director Marconi Automotive Museum 1302 Industrial Drive Tustin, CA 92780 BUILDING OUR FUTURE HONORING OUR PAST SUBJECT: MARCONI MUSEUM CONDITIONAL USE PERMIT AND BUILDING PERMITS, 1302 INDUSTRIAL DRIVE Dear Ms. Danielson: The Orange County Fire Authority (OCFA) has been requested by the Marconi Museum to issue special permits for several events held at the Marconi Automotive Museum. Upon their inspection, they found that the building located at 1302 Industrial Drive, Tustin, does not support the requested occupant loads; thus, OCFA contacted the City, noted their concerns, and requested records pertaining to the approved building occupancy and various other entitlements. The City researched the records related to the Marconi Automotive Museum and discovered that no final permits or occupancy approvals for the museum or the ancillary banquet activity were obtained. Accordingly, the City contacted you and requested a meeting to discuss how to resolve these issues. On July 13, 2009, the City and the Orange County Fire Authority staff met with you and Ms. Ostrea. At the meeting, we discussed that in 1995 the Marconi Auto Museum submitted building permit applications to convert an existing warehouse/office building into an automotive museum. Though these permits were approved and issued, final inspections were never requested and a certificate of occupancy to use the building as a museum was never issued. On February 24, 2003, the Zoning Administrator approved Conditional Use Permit (CUP) 02-025 through Zoning Administrator Action 03- 002 (attached), authorizing the Marconi Automotive Museum to establish an ancillary banquet facility. As part of the CUP, the building was required to undergo upgrades for the increased occupancy. Although a building permit was applied for, the applicant/owner never completed the plans as was necessary; therefore, the permits were never i ssued and no inspections were conducted. In the absence of building permits and final inspection, the CUP for the banquet facility became null and void. For your information and use, attached is a copy of the Conditional Use Permit report and signed conditions that were approved in 2003 and a letter dated June 15, 1995, from the Building Official regarding the certificate of occupancy. If you have any questions please contact me at 714-573-3031 or Justina Willkom at (714) 573-3115. Sincerely, Q~~~~~ ~~'~~ Elizabeth A. Binsack Community Development Director Attachments: Zoning Administrator Action 03-002 Letter from Building Official dated Jun 15, 1995 Staff Report 300 Centennial Way, Tustin, CA 92780 • P: (714) 573-3100 • F: (714) 573-31 13 • www.tustinca.org TUSTIN Marconi Museum August 14, 2009 Page 2 cc: Richard Marconi, 1302 Industrial Drive, Tustin, CA 92780 Desiree Ostrea, Sales and Event Coordinator, Marconi Automotive Museum, 1302 Industrial Drive, Tustin, CA 92780 Laura Blaul, Orange County Fire Authority, 1 Fire Authority Road, Irvine, CA 92602 Bryan Healey, Orange County Fire Authority, 1 Fire Authority Road, Irvine, CA 92602 Michael Moore, Orange County Fire Authority, 1 Fire Authority Road, Irvine, CA 92602 Henry Huang, Building Official BJ Azarvand, Plan Check Supervisor Dana Ogdon, Assistant Director, Community Development Justina Willkom, Principal Planner Amy Thomas, Senior Planner/Code Enforcement S:\Cdd\Cari\LettersWlarconi Museum.docx ZONING ADMINISTRATOR ACTION 03-002 CONDITIONAL USE PERMIT 02-025 1302 INDUSTRIAL DRIVE The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 02-025 was filed by Priscilla "Bo" Moore on behalf of Richard Marconi, requesting authorization to establish an acxessory banquet facility in conjunction with the Marconi Automotive Museum located at 1302 Industrial Drive, Tustin. B. That the proposed use as an incidental or accessory use to the museum is permitted within the Paafic Center East Specific Plan, with the approval of a Conditional Use Permit, and within the Planned Community Commercial land use designation of the City of Tustin General Plan which provides for a variety of commercial and industrial uses. In addition, the project has been reviewed for consistency with the Air Quality Sub~lement of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. C. That a public hearing was duly called, noticed, and held on said application on February 24, 2003, by the Zoning Administrator. D. That the establishment, maintenance, and operation of an accessory banquet facility will not 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: a. The incidental operational characteristics of the banquet facility would be appropriate for the location. As conditioned, a maximum of seventy-two (72) indoor events and twenty-four (24) outdoor events per calendar year could be held. The frequency of events would be incidental to the operation of a museum which is considered to be permitted by the Community Development Director under Section 4.5.E of the Pacific Center East Speck Plan. b. With the limitation of occupancy to 210 persons for regular events, there would be sufficient parking for the existing and proposed uses as evidenced by the submitted plan. c. Outdoor special events would be permitted with the approval of a Temporary Use Permit, provided that sufficient off-site parking is provided. Zoning Administrator Action No.03-002 Conditional Use Permit OZ-025 d. The construction of any missing or damaged public improvements adjacent to the project site would ensure adequate pedestrian access to and from the public street and other off-site parking provided to accommodate the banquet events. This requirement complies with the January 19, 1987, City Council policy to require construction of sidewalks within industrial areas. E. This project is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Zoning Administrator hereby approves Conditional Use Permit No. 02-025 authorizing the establishment of an accessory banquet facility in conjunction with the Marconi Automotive Museum operation at 1302 Industrial Drive, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 24"' day of February, 2003. Eloise Harris RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) izabeth A. Binsack ZONING ADMINISTRATOR 1, ELOISE HARRIS, 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. 03-002 passed and adopted at a regular meeting of the Tustin Zoning Administrator, ' held on the 24~' day of February, 2003. Eloise Hams RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 03-002 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 02-025 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped February 24, 2003, on file with the Community Development Department, except as herein modfied, or as mod~ed 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) 1.2 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 Approval of Conditional Use Permit 02-025 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) 1.4 As a condition of approval of Conditional Use Permit 02-025, the applicant shall agnre, 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. 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 Zoning Administrator Actin No.03-002 Conditional Use Permit 02-025 (1) 1.5 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council orcinance. (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys' fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 The approval of an ancillary banquet facility is contingent upon the facility remaining an automotive museum. If the primary use changes, the banquet facility shall be discontinued. PLAN SUBMITTAL (3) 2.1 No tenant improvements shall be made without obtaining all necessary permits, including but not limited to, a City of Tustin building permit. (3} 2.2 All rooms and areas with an occupant load of 50 persons or more shall have a minimum of two (2) exits and the maximum occupant load shall be posted on the wall in visible locations as approved by the Director of Community Development and the Building Official. USE RESTRICTIONS (1) 3.1 A maximum of seventy-two (72) indoor events with a m~ximum of 210 persons shall be held during a calendar year. If additional special events with more than 210 persons or outdoor events are proposed, the operator shall obtain a temporary use permit from the Community Development Department. The Director of Community Development may approve a maximum of twenty-four (24) speaal events each year if sufficient off-site parking is provided. (1) 3.2 If valet or off-site parking is provided, the applicant shall submit authorization to the Community Development Director from the property owner where parking is being provided. The authorization shall state the address of the property, the hours of operation for the business(s) located on the property, the number of parking spaces that may be used, and the days and hours that valet or patron parking is albwed. Any changes to the valet/off--site parking arrangements shall be approved in writing by the Community Development Department. (1) 3.3 The operator shall be responsible for ensuring that patrons do not use other properties for parking. All parking shall be provided on-site or in an approved off-site location in accordance with Condition 3.2 above. Zoning Administrator Action No.03-002 Conditional Use Permit 02-025 ENGINEERING/PUBLIC WORKS (1) 4.1 A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of--way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shalt include, but not be limited to, the following: a) Curb and gutter; b) Sidewalk, including curb ramps for the physically disabled; and, c) Drive aprons. In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a Califomia Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, will be required. (1) 4.2 Current Federal American with Disabilities Act (ADA) requirements will need to be met at the drive aprons. The maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron shall be ten percent. Please see attached City of Tustin Standard Drawing No. 209. (1) 4.3 Any damage done to existing street improvements and utilities shall be repaired before acceptance of the project. (1) 4.4 Prior to any work in the public right-of--way, an Encroachment Permit must be obtained from the applicable fees paid to the Public Works Department. (1) 4.5 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) 4.6 The City of Tustin is required to comply with State of Califomia Waste Recycling requirements. To facilitate City compliance with this law, the Project Applicant/Contractor is required to submit and obtain approval from the Public Works Department of a Project Recycling Plan prior to the issuance of any grading, encroachment, or building permit. The Project Recycling Plan shall demonstrate recovery and recycling of at least 50 percent of the total waste generated by the project and shall consist of the following components: • In a narrative form, describe efforts which will be utilized to minimize the generation of waste during the project; • Provide an estimate of the total amount of waste to be generated for the entire duration of the project; • Provide an estimate of the total amount of recyclable materials generated by the project, identified by recyclable material type; Zoning Administrator Action No.03-002 Conditbnal Use Permit 02-025 • Identify waste hauler{s) to be utilized during the project; • Identify recyclable material processing facilities which will be utilized to process materials generated by the project; • Demonstrate that no waste generated by the project will be sent directly to any landfill; • Prior to the issuance of a Notice of Completion or a Certificate of Occupancy, submit a final report to the Public Works flepartment detailing actual quantities of the items fisted above as well as a narrative summary of the recycling efforts implemented during the project; • Prior to issuance of an occupancy permit, the applicant is required to submit recycling plans to the Public Works Department for each project tenant which demonstrates recycling or diversion from landfills of at least 50 percent of the total waste anticipated to be generated by each tenant; and, • Prior to issuance of any grading, encroachment or building permit, applicant is required to submit waste trash enclosure plans to the Public Works Department which demonstrate the provision of adequate physical space to accommodate all planned tenant recycling programs. (1) 4.7 The City of Tustin has contracted with Federal Disposal Services of Santa Ana to provide all waste disposal and recycling services within the Tustin city limits. This is an exclusive contract that prohibits the use of o#her waste haulers to collect and dispose of any waste materials. FEES (2) 5.1 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 forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations far any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. ~~ ~ ~~, ~ ~ /L Community Devebpmenf Department city of Tust~~ June 1S, 1995 300 Centennial Way Tustin. CA 92680 Marconi AutoAOtive Mtaasusa 1302 Industrial Drive arm Tustin, CA 92680 (774)573-3/0e Attn s Dick Marconi a a zanrq hwo. (714) bT3-3110 80]IJ=C? t OplR71TZ'f0 RI?SOO'P A CltTIyIC71'17 oP OCCOP711rC! (711) 673 . 1711) 57331313 Dear Mr. Marconi: ~~ (7u1 b733117 This is to advise you that a Certificate of occupancy has not been issued fo th cos.Enlarewrwr r e subject nuaeua. As o! 4:30 p.n. on this data, Building Permits for the project have t (714)b73313w no been issued, nor have any inspections o! colatplated work without th• benefit of Building Permit b ~~~ (714)s731.3141 s een conducted. It is a violation of the UnilorA Building Cod• to occupy a building witho t inap.eaon R.q~,.w (714) 573-3141 u a certiticata of Occupancy. should you choose to apes !or business, you will be doin so t oranwHOrun. (714) 6733111 g a your own risk. FA7( IiAahkn Tha Building Division will ba open at 7:30 a.n. Monday (711)x733118 , to assist you in resolving this outstanding matter Your . assistance would be greatly appreciated. Should you have any questions or need additional intormation, please do not hesitate to contact ma at (714) 573-3130. Sincerely, Rick Hrown Building Official R~:6/:MARttlRl.ltr cc: Wi11iaA A. Huston Christine A. Shinglaton Daniel Fox DATE: FEBRUARY 24, 2003 Inter - C o m . T0: ZONING ADMMIISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 02-025 APPLICANT; PRISCILLA "BO" MOORE MARCONI AUTOMOTNE MUSEUM 1302 INDUSTRIAL DRIVE TUSTIN~ CA 92780 PROPERTY OWNER: RICHARD MARCONI MARCONI AUTOMOTNE MUSEUM 1302 INDUSTRIAL DRIVE TUSTIN~ CA 92780 LOCATION: 13021NDUSTRIAL DRNE ZONING: PACIFIC CENTER EAST SPECIFIC PLAN ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: AUTHORIZATION FOR THE ESTABLISHMENT OF AN ACCESSORY BANQUET FACILITY AT THE EXISTING MARCONI AUTOMOTIVE MUSEUM RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 03-002 approving Conditional Use Permit 02-025 to establish an accessory banquet facility at the existing Marconi Automotive Museum. Zoning Administrator Report Conditi~onai Use Permit 02-025 February 24, 2003 Page 2 Pro ect Descri ton The Marconi Automotive Museum is located within the Pacific Center East Specific Plan (see Attachment A -Location Map). The property is currently improved with an existing industrial building which is occupied by the non-profit Marconi Automotive Museum. The building has 1,270 square feet of office area, 2,852 square feet of storege and mechanical area, and 18,320 square feet of museum area. The applicant wishes to utilize a portion of the museum area as an accx~ssory banquet facility to hold up to seventy-two (72) speaal events such as corporate parties, weddings, etc., each year. The applicant also wishes to hold up to twenty-four {24) outdoor events each year. Since outdoor events will not be conducted on a regular basis, a Temporary use permit process would be more appropriate to allow occasional special outdoor events. Conditoon No. 3.1 would require the applicant to obtain a Temporary Use Permit prior to conducting an outdoor event. Parking The site is currently improved with seventy-five (75) on-site parking spaces. Since there _ are 1,270 square feet of office area with a parking ratio of one (1) space for each 250 square feet, a total of five (5) spaces would be required for the office portion of the building. The remaining 70 parking spaces could be used for banquet parking. At a ratio of one (1) space for every three seats, a total of 210 pen;ons could be aa:ommodated. Conditlon No. 3.1 of Zoning Administrator Action No. 03-002 (Attachment 3) would limit the occupancy to a maximum of 210 persons. The applicant has o indicated that valet or off-site parking may be provided for events. To ensure valet ping wiU be operated in a safe manner, Condition 3.2 would require the applk:ant to submit proof of authorization to the Community Development Director from the property owner(s) where parking is to be provided. Any changes to the valet/off- site parking arrangements would need to be approved in writing by the Community Development Director. FINDINGS A decision to approve this request is supported by the following findings: 1. That the establishment, maintenance, and operation of an accessory banquet faality will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighbofiood, nor be injurious or detrimental to the property and improvements in the neighbofiood of the subject property, or to the general welfare of the City of Tustin, in that: ~ Zoning Administrator Report Condi~onal Use Permit 02-028 February 24, 2003 Page 3 a. The inadental operational characteristics of the banquet facility would be appropriate for the location. As conditioned, a maximum of seventy-two (72) indoor events. and twenty-four (24)..outdoorw events per calendar year_ could be held. The frequency of events would be inadental to the operation of a museum which is considered to be permitted by the Community Development Director under Section 4.5.E of the Paafic Center East Speafic Plan. b. With the limitaation of occupancy to 210 persons, for regular events, there would be sufficient parking for the existing and proposed uses as evidenced by the submitted plan. c. Outdoor special events would be permitted with the approval of a Temporary Use Permit, provided that sufficient off-site parking is provided. d. The construction of any missing or damaged public improvements adjacent to the project site would ensure adequate pedestrian access to and from the public street and other off-site perking provided to accommodate the banquet events. This requirement complies with the January 19, 1987, City Council policy to require construction of sidewalks within industrial areas. i ~ ~~~ Ju Wiilkom Associate Planner ren Pethrson Senior Planner Attachments: A -Location Map 8 -Submitted Plans C -Zoning Administrator Action No. 03-002 s:rcoa~~oR?rc~al~s crwroon+).dx Attachment 1 Location Map LOCATION MAP ~` PROJECT NO. 1. „ ~, cup oz-ozs' 1302 xndu~r~tal D ?'uSNn , C,~ °Iz~8o r. --. ---•------..-.~~---~. _. --r- ^~ ~ n Y ~ ~ PA('p7C /)l.7.l. wnusiNU~ aisvt N ~a~n i ~~~~ ~ ~ I ~ .. iANTA f[ ORf11~ ..-.._...~..._~._.._.._...T.._. ~ ~ i Attachment 2 Submitted Plan (Not attached) r i ~~~ ~t L~ ~~~ o ~~'~~ Community Development Department City of Tustin March 19, 2003 Richard Marconi 987 N, Enterprise Orange, CA 92867-5448 300 Centennial Way Tustin, CA 92780 714.573.3100 SUBJECT: FIGHT NIGHT SPECIA! EVENT AT THE MARCONI MUSEUM Dear Mr. Marconi: On June 13, 2002, the City sent a letter informing you that a Conditional Use Permit is required to hold any banquet events at the Marconi Automotive Museum (Attachment 1). On February 24, 2003, the City's Zoning Administrator approved Conditional Use Permit 02-025 for the establishment of an accessory banquet facility in conjunction with the Marconi Automotive Museum {Attachment 2 -Zoning Administrator Action 03-002). The Use Permit limits the occupancy to two hundred ten {210) persons far regular events. For special events with over two hundred ten {210) persons, a Temporary Use Permit must be obtained and sufficient off-site parking must be provided (Attachment 2 - Condition 3.1 of Zoning Administrator Action 03-002). At the Zoning Administrator meeting, your representatives, Ms. "Bo" Moore and Mr. Mark Bagh, were advised of the conditions of approval. Ms. Moore and Mr. Bogh further indicated that they read the staff report, understand all the conditions imposed, and would comply with all of the conditions of approval of CUP 02-025. A Fight Night event was held on Sa#urday, March 8, 2003, at the Marconi Automotive Museum located at 1302 Industrial Drive. The Fight Night involved boxing matches and a banquet for over five hundred (500) persons. On Friday, March 7, 2003, the City was made aware of this event and immediately placed a call to Ms. "Ba" Moore reminding her of the Temporary Use Permit requirements. Ms. Moore came in to the City Hal! at 4:30 p.m. on March 7, 2003, with a Temporary Use Permit application. While the Ci#y wanted to accommodate the event, no floor plan or exiting plan was submitted to ensure adequate or safe exiting were provided for the event. Holding non- permitted events such as Fight Night, which involve more than five hundred (500) persons, places the City in a difficult situation in that we would like to assist you in promoting bonafide community events, but have an obligation to protect public safety. In light of recent events in Rhode Island and Chicago in which individuals were not able to exit the buildings during emergency situations, i am certain that you would not want a similar situation to occur at the Marconi Museum. i Marconi Museum March 19, 2003 Page 2 • In the past, the City has accommodated your special events, but it is also the City's responsibility to ensure special events do not have a negative impact on public safety and the community. Please ensure that no other special events occur without prior City approval. Please do not put the City or the OCFA in the position of having to shut down any of your future events. Please be advised that no special event permits can be issued until a precise floor plan, exiting plan, and valet parking plan {if applicable) are reviewed and approved by the Community Development Department and/or the Orange County Fire Authority. Sincerely, ~~~~ Elizabeth A. Binsack Community Development Director Attachments: 1. Letter to Mr. Richard Marconi dated June 13,2002 2. Zoning Administrator Action 03-002 cc: William A. Huston, City Manager Steve Fester, Chief, Tustin Police Department Chip Prather, Fire Chief, Orange County Fire Authority Watch Commander Karen Peterson Scott Reekstin POD S:1CddWUSTINAIcurrent plenninglLetters-Memoslmarconi museum.doc • G~~Y °.~ ~~~ ~ Community Development Department June 13, 2002 City of Tustin 3D0 Centennial Way Tustin, CA 92780 714.573.3100 Richard Marconi 9$7 N. Enterprise Orange, CA 92$6T-5448 SUBJECT: PROPOSED SPECIAL EVENTS AT THE MARCONI MUSEUM Dear Mr. Marconi: The Police and Community Development Departments and the City Manager's office received over 50 complaints and requests for services regarding a special outdoor event held at the "Marconi Museum far Kids" at 1302 Industrial Drive on June 8, 2002, until approximately 12:30 a.m. The event was far Rancho Santa Margarita High School's "Grad Night" with approximately 500 people in attendance, a live band and amplified music, and a portable roller coaster. No permits were obtained for the event held on June 8, 2402. In addition, Sergeant Dana Harper, the responding police officer, requested the permit from the event operator and was advised that a permit was obtained but not locatable. Allowing this event violated several provisions of the Tustin City Code, the Uniform Building Code, and your business license. Your approved use isfor anon-profit Automotive Museum for Kids with no live entertainment, (see attached original business license application.) Please be advised that if you hold any future special events without obtaining the applicable permits, the City will terminate the event and appropriate legal action may be taken. Holding non-permitted events such as this places the City in a difficult situation in that we would like to assist you in promoting bonafide community events, but have an obligation to protect public safety. Your property is located in the Pacifc Center East Specific Plan area, within asub-area identified as `Technology Center", and the use of your property for ancillary special events is not outright permitted. As you have requested in the past, you may apply for and receive approval of a Temporary Use Permit (TUP) from the Community Development Department once per calendar quarter (i.e. January-March, April-June, etc.) to permit these types of special events. The June 8, 2002, event will count against the allowable number per calendar quarter. In addition to the TUP application, please note that you would also be required to obtain a street closure permit when applicable. t~ Marconi Museum June 13, 2002 Page 2 In the past, the City has accommodated your special events, but it is also the City's responsibility to ensure temporary events do not have a negative impact on the community. Please ensure that nc events occur without prior City approval. If you have any questions, or would like to discuss this further, you may contact me at (714} 573-3031. Sincerely, C%~ Elizabeth A. Binsack Community Development Director Attachment: Original City Business License dated January 25, 199 cc: Marconi Museum, Attention: Richard Marconi, 1302 Industrial Drive, Tustin, CA 92780 William A. Huston, City Manager Steve Foster, Chief, Tustin Police Department Watch Commander Karen Peterson Scott Reekstin Matt West POD Mw:misc corn-~marconirnusaum.doc /~cc < ~ r ~;'" 80518#SS LILEltSE TAS APPLICATION ~~~~ •'~.1u,~.-;~vr .~u. ,.,C. ,u- ~=~:~...~:: ~' t ~ OFFICEjUSE ONLY _ ~:•' This app}iea:ion is for: S Date - ~ _~J~ ~~ "s-.- ". CITY OF TUSTIk Susintss BUSINESS LICEkSE DIYISIOH Fee Paltl' ~f - ? ~.+~~ CITY Or 7USTIH Home Occupation Receipt r ~' '` ;' b°'~ aUTSIDE Service or Contractor CITY dFTUSTIN Aceepttd y ~ ~.:f, ; ~fl~ :?.),~, `` doing business in 7ustln 300 Cen nnial Wa Business Type "' -- ~ ,,,_CNAHGE DF OHHERSHIP. List prsvlous y C}assification / ,~ ' ~ .~~ owner; TUStif} .~~8Q Ordinance ~ ~ rY5//- d - ~"~T"'!~ P}annln,g Approva „i~ ~~ PRIkT OR TYPE APPLICATION. ALL ITEMS HU57 8E ~~' ~• Ek ~e"'~'~ ~~' ~ \ •1KSKEREO IH ORDER TO PROCESS lk{IS A~LICA7IOH. a ~ ,~ Aceount kumbtri~~ `~ ~ `~~T 6 ~`~~~~~~~=~ ~ start Datc. in Tustin 1995 ` ~ ~,'`~ .• Business NameMARCONI AUTOMOTIVE MUSEUM FOR K 714 258-3001 Ii~phone ( ) ~ ~~~ y Street Addrtssi-II--+ *t* r.~rmcnn~TCE ST CiYf~-- $tat 21 ,, ~' `,~ 4 ~ Mail in _ - =-- = ~,, ~`ti~ ~ g Addrtss 1302 INDUSTRIAL DR. City TUSTIN stat~A zip92680 t' ~~ EXOTIC CAR MUSEUM r~j~ Fu} I Descri orlon of eusi~eas +~ ': i ~~ `'~''~~~ Resdlt Tax ~PPLEID FOR Stale Contractors License ~/C7assification ~` ~' ~` ~`~~~' ~~ IDENTIFY OiIkERSHIP TYPE AHD PROYIDE TAXPAYER I.D. ~~. ~~ ~t ~~''~,r~;~ E • Sole Oxner - Socia} Security ! 312-30-4663 ~~ h - ~ ~,~ay,`rPartnership - Federa}/State Identification ! ~ 1 ~`4v ~J;~', ~~+~. Carparatlon -Federal/State identification ! ~ w' ~~~• `~~s0usiness Owner PRESIDENT ~"~•1'~C ~ T1 t] c i~~~~.-~ ~ emc or wncr, nruirr, or res Dent ~~ S , ~~ ~-yHo+ne Adoress_ 9B7 N. ENTERPRISE City ORANGE S~~A Zip92667 ~~~ Home Phone(~4) 633-2320 Drivers License !!State J0403612 C ONTAC7 IN FORli,4TI0H .` Lis: Officers, Partners, and Lota} Agent or Rtpresentative as App}icab7e Hame~ICHARD D. MARCONI ___Tit}e PRESIDENT Hoar Address~R7 >~. ENTERPRISE City.ORANGE StaCE~ Zip 2667 Nom- Phane (ZL4)533-2320 Drivers License !/State J0403612 Name JOHN MARCONI _7ttle VICE PRESIDENT Nom: Addrtss_hn41 STjN KNOLL CIRLCLEityYORBA LINDA StntcCAZip 92686 Homo Phone (714) 993-3753 privers Llcenst !/Brats N4102887 CA EMERGE7tCY CONTACT FDR BUSINESS Name~HIRLEY GILEBERT Title DIRECTOR Nome Address 2104 MIRAMAR DR. titI;1TEWPORT BEACHSWteCAZip 92661 Earsrgeney Phone (714) 675-9921 Drivers. Cicenst !/StateD0432955 CA Gerr.~ln bvsintsses and/or professions may 'reQvirt a hearing before tht License and ' Permit Board, for which an additions} fee xi}} be charged. In some instances, fingerpr}n- andlor background checks wit} be requirtd, a}so at an additSona} tharge. I her by d elate, under pzna}ty of perjury, that the foregoing information is v uc nnC correct.. AS condition for Lhe issuance of the 7lcense app}led for, ~ agree to suomit any additio a} in ormrtion that may be repuired ANO TD CONDUCT ALL PHASES OF THIS BUSINESS IN COHF NCE I7H RLL APPLICABLE LAKS, ORDINANCES AND REGULATIONS £STABLiSHED FOR SUCH SUSI E PR FESSION. t _ - A z r HNc R, R ORPDRAi ~E b~ j~'~ ~C ~~ 1! (~(t~J'-~-'zS/(~~ 1 D l''aeJ-~ys Telephone~~) ~-,j~,~3 Arivtrs License / l~~f ~~%~? ~~ . ~ , ..,,,! LI1T W 7t15TIN CIT7 OF TUS711i ~T- APPLICATION IS FOR: 1SOHL atLtlPA71IAN/aUSlkLS1 Bi1SltetSS LOCAT1Dk .1.,. r`~~ ANY YIOLATJOk Pf CAOC, JNISREPRESiitiATlO[, (ALSO, 1{tSL[JUIING OQ 1k:ora~l.Clt ANSKERS Ok I1tiS FDWI WIT tLwUSC 1x15 APPLICATI0IJ 7u V, eE DCN]CD,JDR RLSC1tioE0, ELLS JUtE Ta117 R£f>tNinAei,E. tNANLE OF 0Ntt[RS1tiP, PREYl0U5 tJMt1IFJt; O ~NCV Kl1SINESS 1M THC CITT OF 711ST1Y, _LIISTi4G lUS (NESS Ik TIIS7IN C]WILINL- idCATIOK. PRC1110tlS AmNCSS: uPtx7iMG UUSINLSS LICENST tiECOtp1 OK Ak TJII571NG BUSINESS IN 2I1L YAH£ CHANGE OF FXISTINL 1n1SINCSS ]N TUSTIN. tREY10US atAHL: .y BuslNESS ~J~'I$.g~i2EtI Au~roMq~I,VE MUSEUM ~~ IxTjDS X14-258-3ooi S O1dER OR tDNTACT PERSDN~~Ihn Marconi KOHL PNOl1F :17114- 993-3735 uuslNESS LDCArIOx 1302 INDUSTRIAL DR. Tustin, CA 9268_0 ~ DLSCR1rr1Dk of BI1s1NESS AUTOMO`T`IVE MUSEUM FOR RIDS ~ "'~ [S YOUR BtISINLSS: 1F YOUR BUSINESS 1S A LOHD1NA7lU1i 8F THESE, LIST P£tICENTAJ:FS OF FACN 7HA7 APPLY: b OFFICE USC ONLT S OFFICE OCCUPANT LAAD KARfilOUSC USC OHLT '-i KARLIOUSL SQUARE FEC7 1NOtI5TRIAt USL ONLY I IRWSTRIAL NUMBER Of F.l1PLOYLES !RETAIL USE ONLY 1 RETAIL AT 7R 1S LACATIOH -1010LESALE USL DKLY `i f0U)LCSALF ~ SLRY]CE USE OKLT _i SEKYICC ~ YES ~FNO S1ILL YOU PROYJOE A -URLJC TRAitSP0RTATION SEIiY1CCt YES AND. 1t2LL YOU OPERATE A SOCIAL CU1B OR GATING SERYICET '~J 1fLS ,ENO NI LL YOU PROYI>~ PUBLIC DANCING? .yam YES AND KLLL YDO PApYIQL LlYC [N7ER7AINMCNT2 ~ Y _-YES NO KILL YDU PkDYIDL BiLLJARDS, POOL, HAGATELI.E, ffiKLTNL ALI~YS, OR 110RL TKIW F1YE LS) PINBALL OR ELECTRONIC GAkLS? TES ~KO Klli YOU PKDYIDE A PRJYATE PATROL SERYIC£7 YES ENO. Yll.t YOU OPERATE A IIAT11, SAUtI1t BATH, Ok iiASSAGE ESTABL]SHM£KT7 ~ .{ 'YES ND KILL Tau BL S0LiCITIIIG DOOR TO DODR GR ON TUE TELEPK011£T _YES ~KO K1 LL YOUR Jk15l1ICT5 :FIE, 1WIUFAt7UQE OR HAVE wIIL t1RDEA 'ADULT' BOOKS. LINGCRJL. OR TOYS? _7C5 gN0 KILL TOU OPERATE A PANN SHOP, JUi7i0UC 57ORE, OQ NUSIYf{S YNAT Bl1YS OR SELLS USED ITFaiS7 TES ~(_NO KILL YOU SELL CONtEALABLE F[RfARK57 YES ND K1 LL LOUR BlISI11ES5 UIIYE R BURGLARY/ROBBERY, ALAR1i7 .~ O ~ES ~1t0 ARE YOU DOIYG Art 3NTFY1OR OA E1TEiLIOR Rfl10DELIKL IN THE ~J3UILD]RG7 ~ ~ ~ ~ ~ r TFS ENO ARF TOU 1H57ALLING OH JIEiDU1TJNG ANY IKTFRIDR PARTITl11NS7 lTES ENO KT LL THERE BE Atli PLJIICING.. CL£CTRICAL, OR wrr"ANICAL WRX IRSIDE OR OUTS]DE 7NE STRUCTURE? RTES ~kO KILL ANY ACLESSORY SHEDS,.COYERS, UR A1olIKLS B£ CAItSTRUCTCD FOR TH1S et1S1NCSST j~Y£S ~NO KiLL YOU 0£ 1r085TAU[TING AKT SIGHS OR OISRLAYS DUTSIDE OF THL BUILDIKLT YES ENO K111 YOU BE ST0R1aftL ANY tNAT'ERJASS 0117SIDF OF TNF I3U1LO111G2 =YES AND KILL YOU BE STORING ANT CI%M'iCRtIAL YEHItI£S, TOOLS, JJt{ EOUIP`HENT OH $ITET ~. YES AND uIL1 ANY LlSPLO7LFS !1F OISPATI]1ED FROM TIIUR NOH£7 /rt YES MHO KILL YOU lIAYL ABOYL OR UNDER GRDUMO TANKST ~YES NO 15 TDUR BUILDING GUiIRCNTLT EQUIPPED i7TN FIRE SF'RIkKLC]t5T ~-1rE1=N0 IS YOlifi BUILDING CURRENTLY EWIPPED, KITH NEAT OR SMOKE DETECT0RS7 TES ENO KILL K1,TER BE USED 1! YOUR 1wiUFALTURING OR PROCESSIJ::T 7ES ggHO KILL TOUR BUS1N£SS INYQLYE THE US£ Of ANT OF THE FOLLOKINL: ~ r~ TF-S0, TEi1CH ONE57 _KOOOkORCINL V./ ~SYRAY PAINT11tG CHEHICAL PROCESSING, nAxUFACTURINL, PLATIKL, OR oTKE7t ~`-11LSCRIeC FULL? COOKING QN AL k _ ~'GlEHlcs+t OF Att7 K]N0, ]KCLl121TUL; POISONS, CORROSIVES, AC10S, FLAtuiABC.CS, /~ LOHBUSTIOLES, LTC. PLEASE LIST ~. J S7DKAGE OF elif~t PILED STOCK OR NACI: T ^OUST tOLLEtTION ~sPAAr e>aoTH rzn TOUR BUSINESS LOCATION KI1.1 BL CHFLKEb BT ZONING, BUILDINL, KATEx, POLICE, AKD FIRE 0£PARTHEHTS. IF YOU HAVE ANt DOUBT 7HA7 y~ YDUK Bi151NESS LOGlTIOx, ACTIVITY, AND/OR tiUJL01NL HOES N07 WNFOHH K1 TN 11iL AEWIREMEKTS Of TH£ fYJHICIPAL LODE, YOU ARE OKGEO m TU CONTACT 11iESE DEPARTMENTS FOR FURTHER 1NFONXATION B£FOIIF F1L1KL TITIS APPL]GITION. NOTICE TO I10FIL 0.'.CUPITID• APPLICANTS TUSTIN tTTY CDDC 5TCTI0k ST'3) D SECTSOH 11,2< HONE OCCUPATIOK IS HLREOT DEFIkEO AS FDL1t1N5: Ali Q:.'CUPATION CARRIED ON IiiOLLY KITHIN A OKELf.1HG DT AN DCCUPAtt7 X OF THE DNLLLIKG, AS A SLL0t:0ART USE, TN LDNNECTIOR KITH 1tI1Cli IiIFRL 1S' HO PERSON E17PLOYE0 1110 TS NDT A RESIDENT DF THC PNLHISES, KO EX7Exl0R DISPLA7. ND STOCK-LN-TRADE O:t COMtKIDI7Y SOS,U UPtN: ~TJL PRLIIISLS, KO ftLCItARICAL OR EL.ECTRLGAL EAUIPH[NT USEO ExCFPT SUCH AS IS CUSTOHART FOR KUUSLKEEPINL PUkPDSCS, NO UUTSIUC 0PFRAT[oK1 OR STOKAGE, NO ALTLRA7JON OF 71tL -7~ RESIDENTIAL Ai'PEAf.A:ICE OF T11E PREMISES, Ho SILKS OISPLAYLO, KO A 7IYITY CONDUCTED IeTIC1i IS 14ALlRD0I1S 70 711E i1F_ALTH, SAFETY OR K.e N£LFARE OF TIIE GENERAL PUBLIC, OR 1tII0! EKJ71 SMOKE, DU57, FUHES, ODORS, Y1tUtATIDKS, GLARE UR £LECTRICRL DlS:TtINIiAItCLS ONTO "'v ANT OTHER PKEHISES, HO AC7IY.17T K11tH' LENUUITES UCCESS] YE PEOCS7RIAx TRAFFIC OS YTJIICULAR TRArF1C OR PARKING IN ET.CESS OF IUAT OTIICRU[SE KDAHALLY FOUKD 11: 1HF ).ONC, KU YAAKIHL Olt OSE HRUi OF AKT YTl41ClC OY£k 1/f TOk GlxkT11JC CAYAC]TY, k0 PARKINL I !k TIIC FkOkT YAKU, UutYCWY ON IhNFDLATELY ADJACCNT IO TJIE P1tCr,ISES OF ANT YEI1ICLC UCARIiG'. ANT SICI:, IUENTIFICaTIUK OR ADYCRTISCH£J17 Of 17[F IiDHC OLCUPATIOH, ``~~.~ I UNDLRS7Aab 711AT f2S APYLILATIOII AND PAYHEIIT OF IAZ DOES HDi LICENSE K£ TO OPERATE tAJT1L f tIAYE FTILFILLCO ALL kEOUIRLNEF7T5 Y of TKE TuST H MUN]C PAL COUC_ 1 HEREBY IIFY UH £R f`LKALTT Of PCJLIUQT 1tiA7 I IIAYE -READ ANll UHDiRSTAKO T11L ABOYF STATLHLKTS: ' i HAZAttJOUS MAT~'RIALS DISCLOSURE PROGRA~~1 PLEASE CIRCLE EITHER "YES" DR "ND", FILL OUT 7HE 1NFOR14ATION R£QtlEST?=D, AND Rc7lJRN IHE FDRM WI 7H YOUR 6US1NE55 LICEKSc APPLICATION. YES My' business may come under the provisions of Orange County ' Ordinance 3552 or A$ 2185 .regarding hazardous materials. Please have ;.he Fire Department send me more information about the requirements of the law. .JO J~1y business does not use chemicals in such a quantity that it will Come under the provisions of the hazardous materials di s cl osur~.t program. PLEASE PRiN Signature Y Your Name ~Q ~2-~ ~~,~r'I~ gate Your Title VICE PRESILlENT CON AU OMOTIVE MUSETJM FOR KIDS 1302 INDUSTRIAL DR. us~ness ~ame Street Aduress Work Phone 714-258-3001 City, Zip Code SUSTIK. CA 92680 Orange County Fire Department - HMDO 1$0 South Water Street Orange, CA 92666 NAZ.4 • ~ APPLICATION FOR TA%-EXEMPT STATUS OF NOT-FOR-PROFIT ORGANIZATION r .. In addition to the City of Tustin business license application, all of the following information must be supplied to qualify for tax- exempt status: 1. Name of Organization: MARCONT FOUNDATION FOR KIDS 2. Address -- Street and City: },~Q, INDtj,kSTRIAL DRIVE TiT~ TN, CA ~~80 3. Narne(s) of individual in charge of organization: ~gTRT FV 1vS rTT RFRT FXFC TLTTVF VICE PRESIDENT/SECRETARY Individual(s)' residential addres(s) (street and city): 2104 MIRAMAR DRIVE NEWPORT BEACH, CA 92661 Day Time Phone No.:{714)258-3001 Birth Date: 1-3-36 Aliases or other names used, if any: NONE 3. S OF UNDERPRIVILEDGED KID5 Copies of the following documents, as applicable, must be submitted with the application for this application to be considered complete: (a) Articles of Incorporation and By-Laws of corporation and By- Laws of unincorporated entities; (bj Internal Revenue Service Notice of Tax-Exempt Statue; {c) Names, residential addresses and phone numbers of all officers and directors of the Applicant; (f) A copy of the most recent Periodic Report filed with the Attorney General. Upon submittal of the application, the Community Development Department shall verify within five (5) working days as to whether the application is complete. If the Community Development Department determines that the application is incomplete, the applicant will be notified within five (5) working days of such determination, along with the specific reasons therefore. NM:taxememp.for de~k~k~cicak~r9r**~c-**,t~t~c~k~t**~c~k~kde~kir~e~t~t~lcie*~Y~r~k~ic~lrieic* f ZONING ADMINISTRATOR ACTION 03-002 CONDITIONAL USE PERMIT 02-025 1302 INDUSTRIAL DRIVE The Zoning.Administrator of fhe City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 02-025 was filed by Priscilla "Bo" Moore on behalf of Richard Marconi, requesting authorization to establish an accessory banquet facility in conjunction with the Marconi Automotive Museum located at 1302 Industrial Drive, Tustin. B. That the proposed use as an incidental or accessory use to the museum is permitted within the Pacifc Center East Specific Plan, with the approval of a Conditional Use Permit, and within the Planned Community Commercial land use designation of the City of Tustin General Plan which provides for a variety of commercial 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 #o be consistent with the Air Quality Sub-element. C.. That a public hearing was duly called, noticed, and held on said application on February 24, 2003, by the Zoning Administrator. D. That the. establishment, maintenance, and operation of an accessory banquet facility will not 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: a. The incidental operational characteristics of the banquet facility would be appropriate for the location. As conditioned, a maximum of seventy-two (72) indoor events and twenty-four (24) outdoor events per calendar year could be held. The frequency of events would be incidental to the operation of a museum which is considered to be permitted by the Community Development Director under Section 4.5.E of the Pacific Center East Specific Plan. b. With the limitation of occupancy to 210 persons for regular events, there would be sufficient parking for the existing and proposed uses as evidenced by the submitted plan. c. Outdoor special events would be permitted with the approval of a Temporary .Use Permit, provided that sufficient off-site parking is provided. Zoning Administrator Action No.03-D02 Conditional Use Permit 02=025 d. The construction of any -missing or damaged public improvements adjacent to the project site would ensure adequate pedestrian access to and from the public street and other off-site parking provided to accommodate the banquet events. This requirement complies with the January 19, 1987, City Council policy to require construction of sidewalks within industrial areas. E. This project is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 3 of the Califomia Code of Regulations (Guidelines for the Caiifomia Environmental Quality Act). il. The Zoning Administrator hereby approves Conditional Use Permit No. 02-025 authorizing the establishment of an accessary banquet facility in conjunction with the Marconi Automotive Museum operation at 1302 Industrial Drive, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by-the Zoning Administrator of the City of Tustin at a regular meeting held on the 24th day of February, 2003. Eloise Harris RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE } CITY OF TUSTIN ) izabeth A. Binsack ZONING ADMINISTRATOR I, ELOISE HARRIS, 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. 03-002 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 24th day of February, 2003. Eloise Harris RECORDING SECRETARY ~ • EXHIBIT A ZONING ADMINIST o~ APPRO OAL03-002 CONDITIONS CONDITIONAL USE PERMIT d2-025 GE~ERP,L Ions far ro ased use shall substantially confor 3 oIn fi eewith hie Community (~} 1.1 Thep p 24, 200 , the project date stamped February e with this Exhibit. The nt De artment, except as herein modifrcd, or as modified by t e Developr~e p Qevelopment in accordan Director of Community Development may also approve minor mod~ficatians Director of Community rin Ian check if such modifications arabt{~b~a~SSistent with t e to plans du g p Code and other appl~c provisions of the Tustin City ervrise specified, the conditions containedan tb~uild'mg ple~~ Is b° (1} 1.2 Unless oth complied with as specified or prior to t oval by the Community Development the project, subject to review and app Department. licant oval of Conditional Use Permit 02-025 is contingent upon the app q,3 gppr to the Community Development (1 } and property owner signing and returning osed" form and the regiment to Conditions Imp Clerk-Recorder a Department a notarized "A9 with the County property owner signing :and rec°rding royal and Conditions of notarized "Notice of Discretionary Permit App '~ rm. The forms shall be established by t alt be ~prov+~ dmtou the Approval fo Development, and evidence of recordation s Community Deve4opment pepat#ment. of a royal of Conditional Use Permit 02'025, the applicant to defend, indemnify, and hold (1) 1,4 As a conditioat its sole cost and expense, shall agree, employees, agents, and consultants, from any harmless the City, its officers, a third party against the City, its claim, action, or proceeding brought by a ents, and employees, which seeks to attack, set aComm sslion~or officers, 9 royal of the City Council, the Planning void, or annul an app bod including staff, concefning this project. The any other decision-making Y, licant of any such claim or action filed rees to prarnptly notify the app such action. The City ag against the City and to fullyR ooperate in the defense o an d ex ense, elect to participate in defense of any City may, at its sole costa p such action under this condition. SOURCE CODES CONDITION (5) RESPONSIBLE AGENCY (~{) STANDARD REQUIREMENTS (2) CEQA MITIGATION 6 LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODFJS (7) pCICC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Zoning Administrator Acti~o.03-002 Conditional Use Permit 02- 5 (1) 1.5 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $140.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. (1) 1.6 The applicant steal( be responsible for costs associated with any necessary code enforcement action, including attorneys' fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 The approval of an ancillary banquet facility is contingent upon the facility remaining an automotive museum. if the- primary use changes, the banquet facility shall be discontinued. PLAN SUBMITTAL (3} 2.1 No tenant improvements shall be made without obtaining all necessary permits, including but not limited to, a City of Tustin building permit.. (3) 2.2 All rooms and areas with an occupant load of 50 persons or more shall have a minimum of fivo (2) exits and the maximum occupant load shall be posted an the wall in visible locations as approved by the Director of Community Development and the Building Official. USE RESTRICTIONS (~) 3.1 A maximum of seventy-two persons shall be held during with more than 210 persons shall obtain a temporary us Department. The Director ~ maximum of twenty-four (24) parking is provided. (72) indoor events with a maximum of 210 a calendar year. If additional special events or outdoor events are proposed, the operator e permit from the Community Development ~f Community Development may approve a special events each year if sufficient off-site (1) 3.2 If valet or off-site parking is provided, the applicant shall submit authorization to the Community Development Director from the property owner where parking is being provided. The authorization shall state the address of the property, the hours of operation for the business(s) located on the property, the number of parking spaces that may be used, and the days and hours that valet or patron parking is allowed. Any changes to the valet/off--site parking arrangements shall be approved in writing by the Community Development Department. (1) 3.3 The operator shall be responsible for ensuring that patrons do not use other properties for parking. Ail parking shall be provided on-site or in an approved off-site location in accordance with Condition 3.2 above. Zoning Administrator Action No.03-002 Conditional Ilse Permit 02-025 ENGINEERING/PUBLIC WORKS (1} 4.1 A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to, the following: a) Curb and gutter; b) Sidewalk, including curb ramps for the physically disabled; and, c} Drive aprons. 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, wil! be required. (1) 4.2 Current Federal American with Disabilities Act (ADA) requirements will need to be met at the drive aprons. The maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron shall be #en percent. Please see attached City of Tustin Standard Drawing No. 209. (1) Q.3 Any damage done to existing street improvements and utilities shall be repaired before acceptance of the project. (1) 4.4 Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from the applicable fees paid to the Public Works Department. (1) 4.6 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) 4.6 The City of Tustin is required to comply with State of California Waste Recycling requirements. To facilitate City compliance with this law, the Project Applican~t/Contrac#or is required to submit and obtain approval from the Public Works Department of a Project Recycling Plan prior to the issuance of any grading; encroachment, or building permit. The-Project Recycling Plan shall demonstrate recovery and recycling of at least 50 percent of the total waste generated by the project and shall consist of the following components: In a narrative form, describe efforts which will be utilized to minimize the generation of waste during the project; • Provide an estimate of the total amount of waste to be generated for the entire duration of the project; • Provide an estimate of the fatal amount of recyclable materials generated by the project, identified by recyclable material type; ~ ~ Zoning Administrator Action No_03-002 Conditional Use Permit 02-025 • Identify waste haulers) to be utilized during the project; • Identify recyclable material processing fiacilities which will be utilized to process materials generated by the project; • Demonstrate that no waste generated by the project will be sent directly to any landfill; • Prior to the issuance of a Notice of Completion or a Certificate of Occupancy, submit a final report to the Public Works Department detailing actual quantities of the items listed above as we[I as a narrative summary of the recycling efforts implemented during the project; • Prior to issuance of an occupancy permit, the applicant is required to submit recycling plans to the Public Works Department for each project tenant which demonstrates recycling or diversion from landfills of at least 50 percen# of the total waste anticipated to be generated by each tenant; and, • Prior to issuance of any grading, encroachment or building permit, applicant is required to submit waste trash enclosure plans to the Public Works Department which demonstrate the provision of adequate physical space to accommodate all planned tenant recycling programs. (1) 4.7 The City of Tustin has contracted with Federal Disposal Services of Santa Ana to provide all waste disposal and recycling services within the Tustin city limits. This is an exclusive contract that prohibits the use of other waste haulers to collect and dispose of any waste materials. FEES (2) 5.1 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 forty-three dollars ($43,00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (4$) hour period the 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. ~~'Y $ Community Development Department City of Tustin February 25, 2003 300 Centennial way Tustin, CA 92780 714.573.3100 Priscilla "Bo" Moore Marconi Automotive Museum 1302 Industrial Drnre Tustin, CA 92780 SUBJECT: ZONING ADMINISTRATOR ACTION 03-002 Dear Ms. Moore: The Tustin Zoning Administrator at a regular meeting on February 24, 2003, approved the subject project. This action may be appealed to the Planning Commission by any person by submitting a petition indicating why the action or a condition is being appealed along with an appeal fee as established by the City Council, The Zoning Administrator's action will become final unless an appeal petition and fee as noted above is received by the Community Development Department within seven (7) calendar days from the date of the action. The actual executed copy of Zoning Administrator Action 03-002 is attached for your records. Should you have any questions about the Zoning Administrator's action, please do not hesitate to contact me at (714) 573-3174. Approval of Conditional Use Permit 02-025 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department in accordance with Condition No. 1.3 of Exhibit A. In addition, a "Notice of Discretionary Permit" form is required tv be signed and notarized by the property owner in accordance with Condition No.1.3 of Exhibit A. This form is required to be recorded with the Orange County Recorder's Office and returned prior to building permit issuance. Copies of these forms have been enclosed for your convenience. Also attached is a Customer Service Evaluation form. It would be appreciated if you could take a few minutes to complete and return the form to the City. The form will be kept in confidence and your response can be anonymous. Your comments are valuable to us and will enable the City to better serve you and our other customers in the future. Sincerely, ~~~ tina Willkom sociate Planner Enc: Zoning Administrator Action 03-002 Customer Service Evaluation Form Agreement to Conditions Imposed Form Notice of Agreement of Discretionary Permit Approval and Conditions of Approval ~~ a~.~ 02/04/2003 11:11 7142589]]7 MARCQNI AUTO MUSE PAGE 01 FACSIld1LE 'I'tAN9MITTAL SH88'P TO KnR>ity FROM: P'118C1~1 "BO" Moon CODlPhNY~ ~1'~' Ot' TUSTIN DATEi zlala3 tAX NUM111'Jt: 7141575-7tt0 1t)TAL NO. nF Fn(iR4 lNQUA1NG CC1vFiR ^~~ ^ URGENT d FaR RAVIHW X PLEASE COMIKENT ~ PbSA.SB AI3PLY ~ PLEASB REC'YCJ.1i NO'~+SKOMN1ft~T7~ Hi Karen. I'9an is secexpt of youuic faa tegulatioans for tkte Maroom Antotywtive Mtue~ sad Fonndatioa fio~ Kids' appticadon. I am confused about t1-e xecychng iaatle. It Was my undecstandi~ m tie moctiflg t~.iai tsryc&c1g is nac a laov, thereforti, cvhy >a it addiesoed is poor faa? Tlxaislcs, r~~. lsnz iNi~vsrRUt. nx~vF TUSTIN, CAi.1FORNTA 9Z76P (7i4) 25Q-3001 FAX (J94) 358-9197 • • # ` Inter-Com ,;~: r ~~SAtCIf DATE: DECEMBER 1?, 2002 ~a r TO: WILLI A.HUSTON, CITY MANAGER _ ~~ FROM: BETH A. BINSACK, COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT. FEE WAIVER The Community Development Department has received a request from Priscilla "Bo° Moore, Executive Director of the Marconi Museum, 1302 Industrial Drive, requesting a Conditional Use Permit for establishment of a banquet facility and also requesting a fee waiver. When the fees were adopted, they were to be applied uniformly except where, in the discretion of the City Manager, reduced fees are justified by special circumstances. Should you wish to authorize this fee waiver request, please sign below. Approved: ~- William A. Huston, City Manager Denied: ^ William A. Huston, City Manager Attachment: Letter Requesting Fee Waiver from Mr. Moore E6:Marcpi FN WWwf j,f ' tdNttiQf~ ~ovzl ~ ~~'ceived November 22, 2002 Mayor Jeff Thomas CITY OF TUSTIN 300 Centennial Way Tustin, CA. 927$0 Dear Jeff: ~~ Thank you for your time yesterday to discuss the Marconi Automotive Museum & Foundation's issues with the City of Tustin and the rezoning. Enclosed you will find the latest documentation from the City and Justina Willkom. I appreciate your help on this matter. I think it's ridiculous that with all the events we have produced over the past 8 years, and only ONE complaint from a neighbor, we have an excellent track record. Not only in the production of events, but in the area of giving financially and in other ways, back to the Tustin Community. Although we ark fortune-tQ own a fabulous coll~eti~sn of cars, I want to make it clear that we too ,. ,. struggle, as anon-profit, to pay bills rind salaries etc. We.are self-suppoirtfng and tna~r~ ~y~y . effort to make good use of the money we make from our events. Thus, having to pay a re-filing fee of almost $1,500 seems'~ompletely inappropriate. 1302 Industrial Dr, It was my understanding that a re-filing was simply a formality. Bu>< as you see $~om Elie ~nctosed paperwork that doesn't appear to be the case. Tustin, CA 92780 Again, I thank you for your help on this matt`Zi•. I spoke with Dick Marconi last evening acid -lie was equally thankful for your guidance and help. Tel 71a-ase-cool nderful Thanksgiving! Fai 714-258-9117 o"Moore Executive Director A Non•Prolif Organiaxrfion Benefiting Childrens' Charities env z r ~ November 22, 2002 • Mayor Jeff Thomas CITY OF TUSTIN ~ 300 Centennial Way ~ Tustin, CA. 92780 Dear JefF: Thank you for your time yesterday to discuss the Marconi Automotive Museum & Foundation's issues with the City of Tustin and the rezoning. Enclosed you will find the latest documentation from the City and lustina Willkom. I appreciate your help on this matter. I think it's ridiculous that with all the events we have produced over the past 8 years, and only ONE complaint from a neighbor, we have an excellent track record. Not only in the production of events, but in the area of giving financially and in other ways, back to the Tustin Community. Although we are fortunate to o~vn a fabulous collection of cars, I want to make it clear that we too struggle, as anon-profit, to pay bills. and- salaries etc. We are self-supporting and make every.:. effort to make good use of the money we make from our events. Thus, having io pay a re-filing fee of almost $1,500 seems. completely inappropriate. ~aoz irdustrwi or. It was my understanding that a re-filing was simply a formality. But as you see from the enclosed paperwork that doesn't appear to be the case. T~~St;n, ca vz~ao Again, I thank you for your help on this matter. I spoke with Dick Marconi last evening and he was equally thankful for your guidance and help. r~: ria-2ss-3oo~ nderful T1~anksgiving! Fax 71 a-258-91 ] 7 o» Moore Executive Director A Non-Profit Organi2ation Beneficing Childrens' Charities ~ ~ ~$ t Community Development Department City of Tustin November 14, 2002 Priscilla "130" Moore Marconi Automotive Museum 1302 Industrial Drive Tustin, CA 92780 30d Centennial Way Tustin, CA 92760 714.573.3100 SUBJECT: INCOMPLETENESS OF APPLICATION -CONDITIONAL USE PERMIT (CUP) 02-025 Thank you for your application received an October 14, 2002, requesting authorization for establishment of banquet facility at the Marconi Automotive Museum located at 1302 Industrial Drive. Your application is identified as Conditional Use Permit 02-025. The Community Development Department has reviewed your submittal. in conformance with Government Code Section 65943, your application is considered incomplete. For your application to be considered complete, all information, exhibits, and materials identified with an asterisk (*} in the attached Exhibit A must be addressed and included with your next submittal. Should you have any questions regarding this project, please contact me at (714) 573- 3174. erely tine Wtllkom Associate Planner S:~CddUUSTINA4xertant plamnpl(in)compMte IettenlCUP02-025 - incanplete.doe • EXHIBIT A CONDITIONAL USE PERMIT 02-025 COMMENTS AND CORRECTIONS PLANNING DIVISION (*) 1.1 The site is located within the Pacific Center East Specific Plan with Technology Center land use designation. The Technology Center land use designation is intended for the development of a general research and development, industrial, and high technology center, with opportunities for limited ancillary commercial and office uses. Accessory commercial uses incidental to the main use of the facility are conditionally permitted. Currently the existing main use of the building is for an automotive museum. The proposed banquet facility would be conditionally permitted ,e.~bartquet use is incidental to the main use of the facility. Bch, clarify the days and hours of operation for both the. museum and tip ,banquet facility. Please ensure that the days and hours for the banquet facility would be incidental to the museum use. (*) 1.2 The site is currently improved with 22,442 square feet of building area. The submitted site and floor plan provides information related to the current use as an automotive museum. However, the plans do not indicate where banquets would be held. Please provide a more detailed plan showing the following: Please label the location and dimensions of the banquet area and clarify how this area would be separated from the remaining museum activities. ~,r Please indicate the total number of seats for the banquet facility and show seating arrangements on the floor plan. The parking ratio for this use would be (1) parking space per three (3) persons. Please note that based upon seventy-frve (75} on-site parking spaces, a maximum of 203 persons could be accommodated within the facility at any one time. Please clarify whether the banquet facility would provide a kitchen area to cook or warm food and indicate how food/beverage service is provided.. BUILDING (") 2.1 All rooms and areas with occupant load of 50 persons and more are required to have a minimum of two exits and the maximum occupant load needs to be posted on the walls in visible locations as approved by the Director of Community Development and Building Official of the City of ! ! Conditional Use Permit 02-023 November 14, 2002 Page 2 . Tustin. Please show compliance with this requirement for the banquet facility area. FEES (*) 3.1 The submitted application was not accompanied with associated filing fees. To process your application, please remit the following: • Conditional Use Permit #ee in the amount of $1,270.00; and Notice of Exemption fee in-the amount of $2.00. ~W z = ~1 ~~~ ~~ ~ ~~1 moo. ~ ~Z (r~' ATTACHMENT G Appeal of Planning Commission Decision CITY QF TUSTIN 2011 JAN 19 All~ll January 19, 2011 Elizabeth Binsack Community Development Director 300 Centennial Way Tustin, CA 92780 Subject: Conditional Use Permit 09-030 Dear Ms. Binsack, On January 11, 2011, the Planning Commission conditionally approved the above referenced Conditional Use Permit. We greatly appreciated the Commission's willingness to hear our concerns and staff's clarification of proposed use restrictions. However, the off-site improvement requirements, imposed by the Public Works Department, pose an economic hardship that would significantly detract from the Foundation's ability to achieve its goal of raising funds for local charities that benefit at-risk youth. This letter serves as a formal appeal of Public Works conditions 4.1, 4.2, 4.3, 4.4, and 4.5. We respectfully request that these conditions not be a part of the Conditional Use Permit because the cost associated with constructing the off-site improvements is exorbitant. Providing a safe environment for our guests is our first priority; we have expended neazly $40,000 to upgrade our building's fire and life safety system and we anticipate that our complete building improvements will total over $100,000. However, operating as a 501(cx3) non-profit organization, The Marconi Foundation for Kids simply 1304 indu~mai ~. cannot afford the additional cost associated with designing and constructing a sidewalk, driveways, as well as new curb and gutters. Such expenditures would be detrimental to the Foundation's fundraising T„~;n, cA 94780 goals and could negatively impact local charities that benefit from the Foundation's operations. I app late your consideration and I took forward to working with you in the future. est RegazdS, Tel 714-458-3001 ~~ Fax 714-458-9117 Priscilla Marconi A Non-Profit Organization Benefiting Children's Charities www.marconimuseum.~ra ATTACHMENT H Letter of Support for Marconi Foundation ,{If_ I at 7Y,~ 7 _ ~~• 1~'.~.~~l~l. 5 February 18, 2011 Drug Use !s Life .16use Project r'~'o Gangs P.O. Box 28 Santa Ana. California 92702-0028 (7/d) h47-4593 r~~-s~ 6~t~-a~ov F;rx Mayor Jerry Amante City of Tustin 300 Centennial Wav Tustin, CA 92780 Dear Mayor Amante: RECEIVED FEQ 2 4 2011 COMMUNITY DEVELOPMENT BY: I am writing on behalf of the Marconi Automotive Museum for Kids. On many occasions, this organization has been instrumental in supporting the efforts of Drug Use Is Life Abuse, a 501 (c)(3) non-profit organization. We are truly grateful for the benevolence of this outstanding organization as we have worked diligently to raise the necessary funds to provide the very best drug, gang and violence education. programs to the young people of Orange County. The Marconi Automotive Museum for Kids' decision to select us as a receiving charity has been, on more than one occasion. the catalyst which allowed us to continue with our mission and goals. Their ability to keep the funds directed to the Drug Use Is Life Abuse organization and not in unanticipated costs to the organizations that rely on their benevolence of this organization and its founders is truly commendable. We continue to appreciate the team effort it takes to continue to be a viable charity in Orange County. The Marconi Foundation for Kids continues to support a variety of charities, especially those with. a focus on youth, with their generosity. Their ability to continue their mission and goals relies on keeping costs at a minimum. Unanticipated operating expenses take a toll on them as well as those charities that benefit from their generosity. We encourage you to recognize and understand that adding to facility costs will have a negative effect on those that continue to benefit from having events at their museum. If you have questions about our support of the Marconi Automotive Museum for Kids, you are encouraged to contact us at (714) 647-4135. Sincerely, /~ ~/~'~a.. Marilyn MacDougall Executive Director CHAIRMAN Bruce D.I7 AfacRAL~ IJPS ' VICE CHAIRMAN Tom {ft Thomson Coldwell Banker TREASURER Uavid X. While ll Haskell c@ White LLP, CPA's D1REC"rOR EMERITUS 3fichael K. Hayde Western National Group 80ARD OP DIRECTORS .S(evcu C. ,1 /ford ANCO General Engineering Zelma (7,eeJ A/lred Yool Water Products Rosa Bara•!o-bfoore I3arcelo 1?nterpnscs, Inc Eddie Rlancn Mkhael Kars Howard Brink Joseph D. Carrnth Rutan Rc Ttxkcr. LLP Uavid Cbnan Saddleback Church Mike Uarnold City of Dana Point William l.. Eldien Nolct Spirits USA {{illiam Af. Habermehl County Superintendent of Schools I isa Hughes Hughes ~ Sullivan Sam/ra f/uk•hens She rf tT-Coroner Pam /les The Family Violence Prgecl Afichael L Lesse! Lessel Realty Corjxuation rbnce Lonunen Oalacy Inc. Dick ;tfarcnni Marconi Mtuemn for Kids Brian McInerney Mclnemey [3usiness Management Jnhn Afeehan JRM Company Rnby /. Norris Brady O'C'nnnel/ Eden O'Connell George O'Connell O'Connell Landscape Maintenance Richard Ponas Are r Reed Rayalry President Orange County Tae PayersAssooiation Byron Scott Coach of the Cleveland Cavaliers Ralph Stern CareC'redit llnce Taormina Taormina Industries Harald Willard Electronic Fund Corlxmarion Um•id N Zahler AMR Inc. F.XECUTI VE DIRECTOR Marilyn bfacUougall ~~LIVE C EST Strong Families, Safe Kids 1.800.SSO.CHILD (2445) www.olivecrest.org RECE~yED February 18, 2011 FEE 2 4 ZO11 CB MMUNITy pEVELiiPry~t --.._ To Whom It May Concern: It is my distinct pleasure to write in support of the Marconi Automotive Museum & Foundation for Kids. We, here at Olive Crest, have been in partnership with the foundation for many years and in a wide variety of important ways. We have always been impressed with Dick Marconi, Bo Marconi and the Board of Directors, specifically how the organization is able to touch the lives of hundreds of children and families in the city of Tustin and throughout Orange County. We are very grateful for the generous financial support shown to the children and families of Olive Crest, by the foundation, and look forward to furthering our partnership in the years to come. Since Olive Crest is one of the largest organizations in the western United States serving thousands of children and families each year, and is headquartered right here in Orange County, we are well aware of the challenging times that face us, as a nonprofit organization, as private and public funding, though the State of California, has diminished in the face of ever expanding need. Without the ongoing support of private foundations, such as the Marconi Automotive Museum & Foundation for Kids, organizations like Olive Crest would not be able to serve the children and families currently being served and would be forced to reduce services. We are hopeful that the city of Tustin will be able to resolve the current issue with the Marconi Automotive Museum & Foundation in a way that will keep children and families in our community receiving the help and services that they need. Sincerely and r the children, Tim Bauer, MA Executive Director of Development 2130 East fourth Street, Suite 200. Santa Ana, CA 92705 SERVING CHfLDRE'N AND FAMILIES IN CALIFORNIA. NEVADA. AND THR PACfFIC NOl21 FIWEST FEg2¢~~ll CB ~M'~--1 VE~~P~y fNT i~.r~~ir~~ ]_8, lf)1 I hear Pdlayor and City Council Membc=rs I am writing to ask you to consider the ramification of a decision you have to make concerning the ir~staflation of sidewalks at the Marconi Foundation. It is no secret to you haw challenging the times are for r~or~ profit organizations, and I would encourage you to avoid passing on capital costs than will delete t_f~ae r~~PriE'~! fur}rls for support la residl'nts in your r_ommunity. Or<~nfr ~:vocrl Children's Foundation has been working in Orange County for over 3fJ years. During this time ~~°.~~= ha,,~e affered sheltAr, support and educational Scholarships for over 14,D00 abused and ._~bando~red youth_ Far us to continue to offer our programs we raise 70% of our funds from individual iir;nnr;, frtrnd~rtir.~ns and corporations The additional revenue comes from gavernmental grants. f~-~-er the ~,~F ars the Marr_oni Foundation has generously supported our efforts to assist foster youth as the~~ face a scary world mane. In the past three years, as the economy has struggled, we have had to re~:)uce o~_rr staffing by 2E1`~ as our services have increased by 28%. Needless to say, the challenges have beer: signrficant and eve ry iiollar raised has been important in our continued service. ~1s you discuss tf~re issue before you, please don't over look the children and youth that are seeking help. Gorr't take money frorn the Marconi Foundation that can be used to help so many. Tt~~ank you for your consideration. SincereJ~V, r ' '--- ;% ~' .t' Cos ~,~lir~saotn,~ hiel E_xe Cutive Office! MUSTARD S E E D Y R A- N H A SAES PLACE FOR HOPE & HEALING February 16, 2011 To Whom It May Concern: E2ECEIVED FEB 2 4 2011 COMMUNITY DEVELOPMENT BY; We recognize every city has a need to maintain compliance of regulations and statutes, along with the ability to generate revenue from businesses operating within their jurisdictions. We also understand the financial and social burden we all face in dealing with the needs of the homeless, oppressed, displaced individuals and families in our cornrnunities. While it would be simple to compartmentalize these concerns and ignore the implication they have on each other, we simply cannot. Philanthropic organizations like Marconi raise hundreds of thousands of dollars annually to help non-profit (501(c) 3) companies like Mustard Seed Ranch that are solely dedicated to assisting others that are part of our counties social service system. Mustard Seed Ranch offers program that help develop the character issues in the lives of youths who have been abandoned and abused. The results of this program result in young adults understanding their responsibilities to others, managing healthy relationships, dealing with issues of conflict in jobs and society, and becoming productive tax paying individuals. Mustard Seed Ranch is just one of literally hundreds of similar organizations the Marconi Foundation supports and funds. The money they raise gets youths and families off the street, out of the welfare system, into educational, medical, and psychological treatment facilities that make a major difference in their lives and in the lives of generations to follow. We would ask you one simple question? How are the dollars raised by the Marconi Foundation best put to use? Marconi does not get money from the state or local communities. They raise money from private individuals who want to make a difference in the quality of lives of others to eliminate drug use, prostitution, homelessness, and child abuse. Let's help the Marconi's honor the use of their funds and recognize the part the county has in impacting lives of the youths in our own county. Thank you for your consideration. Regards, Tom McCall Founder of Mustard Seed Ranch I'' .F !n~~: ij )(. ti;lit ~(id~l t_tll~kSll~~llli~. ~~;l~licil"!1Ct ~~~(1~-}~i.~l~}~i(~ i'I':ci!li ~,~1-{~)A }?C)_/ ~ -~) ~ a;~ ~.~~~'~l~ -}iii-/~i ~ ~ IVI;i)~=t';ll~i'Yt1U~Il1ai U~l1.~: (IIIi • ~,`-.U"l~;.f I151~~t~~li ii i-,llll~l~i.~~t~lll • ~ ^ iii CHILD ~uldance CENTER ~~.;N~~A ~f~ N~v~~ c~~~,~cs <<}SU Yuurii'dvay FuL'erron, CA 92635 r. 714 671 91.64 r ~ia6~lso3t szs w ~.ar_~r~n~, P:,ri< or s~~r~ goo ~:,~,~.~ n.,,~. r,n 97,~~ 714953 445 !~ 7 :~i [. ?9.i 5301 8e.rh 31vd Buerin P;irk, CA 90621 714 735 01,. ? ~, 4 75 n69s ~74s i ~_~r ales `1~stio~; V~ej0. '~A 9259! 9s~ s~< 3~>sa ,;,,~, ~.h~ ~9~s5 February 18, 2011 Re: The Marconi Foundation for Kids Dear Tustin City Council Members, RECE-VEp FEe '~ 4 2011 ~xr r For over 40 years, Child Guidance Center (CGC) has delivered critical mental health and child abuse treatment services to children and families throughout Orange County. Our multidisciplinary team serves over 1200 children and their families each week at our treatment centers in Santa Ana, Buena Park, Fullerton, and Mission Viejo; at Family Resource Centers; and as needed, in-home, and on school campuses. Over 60% of the families we serve are from Tustin, Santa Ana and the surrounding areas. It is evident that the economic downturn has significantly impacted our most vulnerable population...the children and the underserved. At our clinics, rising levels of child abuse, domestic violence, substance abuse, stressors and mental health issues are the challenges we are facing with a 40% increase in referrals and a significant decrease in government and other public funding. Child Guidance Center, its Board of Directors, staff and the families we serve rely heavily on private foundation funding to provide the needed services to at-risk families. The Marconi Foundation has been a tremendous partner and support to our agency over the past two years, helping to ensure access to quality treatment services for those who need it most and/or might not otherwise get the help they need. The loss of private funding, such as The Marconi's would greatly impact Child Guidance Center's prevention, intervention and service delivery for our community. Admin+stration S75 iJ C:ai-~A!o Park Uc Sin rely, ,~~r~ 3~,.~ ~m ~ ~.,~.~. ~'~'"''~'"~' `~`~ ~`~~'~ Lori M. Pack, LCSW ~~~ ~ ~>~> :~=5s Executive Director i 714 547 aes5 www.cgcoc.org F~~,~~„~~;~~ ~,~,y,~, ORHIJGE COU~+~~Y CHAPTER by S.u:i 1,/'1 ~~.t~:~ .~ is Y -;nr,; , d,k-r.r„_ i'. FJ. f3gA '~%~~!i !"r?1_`JE(vi~l`1t~.t :- E;f..?I(~i lVi ~i','t.C? AE.:J~f~ NPV~IilO~: LiP<iCll, (~11!(Orilld '%~!„') RECENED February 16, 2011 FEB 2 4 2011 CdMMUNITY Dt: JE~OpMEf11T' BY: Dear City of Tustin City Council Member: It is my distinct pleasure to write on behalf of the Marconi Automotive Museum & Foundation for Kids. I have served as Vice President of the National Board of Directors of Childhelp for the past ten years and am currently President of the California State Advisory Board. In addition, I am a member of the local Orange County Chapter and am focused primarily in raising funds to support the programs of Childhelp. Childhelp is one of the largest National organizations that serve abused and neglected children in the areas of prevention, therapeutic foster homes, group homes and residential treatment. The Marconi Foundation has been an integral part of the work we do, particularly with children in residential treatment that are so severely abused that they have failed to thrive in foster care and are placed in one of our residential treatment homes. Our programs of ranch, art, wilderness and music therapies have a tremendous impact on healing the broken lives of the precious children we serve. These programs only exist through the donations we receive. Childhelp is a well respected model in our community and we have seen thousands of little lives change after residing in our care. Given the current financial condition of the State of California and the economic times in which we live, it is imperative that Childhelp has relationships with strategic foundations and private supporters such as the Marconi Foundation for Kids. If money is needed to put in sidewalks and improvements, it will be taking a significant amount away from organizations such as ours. The tragedy would be that hundreds of children in the Orange County area would be ill affected by this as it is a costly price to pay. Thank you for your attention to this matter. As City Council members of Tustin, we know that you are supporters of children's causes. And I thank you for your consideration in this matter. For the Love of a Child, Patricia D. Edwards President, California Advisory Board -~~~~ ~~~e °f a C~srd~. Far - --,•w•~"''`r~-~- hJlki ii)F~~~L HEA[)QUAK'E~: 1~~~; (~C(f~"~ iitiill SflPE'i ~~R~~SCidis', F~i~[J^:~f ~ '. '(,~ . 1- i•,?;( 4_ /~JE _ ?Il"+,!<J.~;111'{jii~(~, ilf?, February 17, 2011 Dear Tustin City Council Member: F R~cF~~F 1~rete~nd C 2 ~~0 CHILDREN'S MUSEUM • ~-~F`~<oAJ1 MFNr I am writing on behalf of the Marconi Foundation for Kids and their unwavering support of Pretend City Children's Museum. As anon-profit organization, Pretend City depends on community-based funding like that of the Marconi Foundation for Kids. ,~~;..,,;~~~ The museum is a unique community resource where families, educators and °'~~' =: ;,,<< community agencies come together to ensure that each child gains the experiences needed for a productive and fulfilling future. With immense budgets cuts in the education system, now more than ever, children need opportunities to -~ ~ strengthen the skills that contribute to innovative and inventive thinking. Pretend City does just that, and the Marconi Foundation for Kids helps to make KrE .. ~. .. E;k that possible. More than just a museum, Pretend City also provides educational classes for children and parents, teacher workshops, developmental checkups, evenings for children with autism, career days, field trips, and scholarships for underserved x: iii. .:~, ft~,.,:, ~. <•: ~~:.. ;. schools and families. r,; . ,, ,,; .~. , ,;,, ~:, Our organization could not do these good works without the support of organizations like the Marconi Foundation for Kids. They were one of the early donors to the museum, helped to launch the museum, and have supported it for many years. P ,f;.. ;''. t h._g F.. r k~i. Further, the founders of the Marconi Foundation are visionary leaders who ~•>< <t~~~- ~~~ provide resources todozens ofnon-profit organizations serving children in Orange County. They do tremendous work on behalf of underserved families, and _, .;,_ ~,~s:~d,. many of these families would not receive much needed services if it were not for t=~~~~_,; ~~-~-~:~~,~:~~ the Marconi Foundation for Kids. Their support is vital to our operation and many others in the area. I sincerely hope that they will be able to continue their good works for many years so that the rest of us can flourish as well. 5r.s~dra t'>rfcr Yo st ` "" `~`"~"'"~ Pamela~Shambra . ~~ t~., , .,~_ ~. President ~;...., . t:Y -,.iF { %e_.I Ei !•`,E FS'r? E ii Fa!tx,r k;r :~It ~; nFt~i< ATTACHMENT Planning Commission Resolution No. 4166 RESOLUTION N0.4166 ~ 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 proposed Conditional Use Permit (CUP) 09-030 is similar to the previously approved CUP 02-025 (approved February 24, 2003) 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 CUP 02-025, and this permit has since expired. F. 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. Resolution No. 4166 Page 2 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. 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. G. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. 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 11th day of January, 2011. ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) TEV ZAK Chairperson 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 11th 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 Director 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 and the on-site and off-site improvements required as conditions of approval are completed 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 (1j STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) CALIFORNIA BUILDING CODES (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 Events that exceed the ancillary banquet area (2,240 square feet) shall 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. A master parking plan to accommodate events which exceed the ancillary banquet area shall be submitted and approved by the Community Development Director. The master parking plan shall remain on file with the Community Development Department and shall be amended as required due to any changes in the applicant's ability to provide off-site parking. It is the applicant's responsibility to notify the Community Development Department of any changes to the master parking plan. (***) 2.3 Any events which exceed 400 persons 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. Exhibit A Resolution No. 4166 Page 3 (1) 2.4 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. (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 Chief, 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 shalt 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 ramps for the physically disabled c) Drive aprons d) Street paving e) Street lighting f} Domestic water facilities 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 Exhibit A Resolution No. 4166 Page 6 reviewed by the Orange County Fire Authority (OCFA). Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. (1) 4.11 The applicant shalt 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 Pian 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. ATTACHMENT City Council Resolution No. 11-17 RESOLUTION NO. 11-17 A RESOLUTION OF THE CITY COUNCIL 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 City Council of the City of Tustin does hereby finds and resolves 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 proposed Conditional Use Permit (CUP) 09-030 is similar to the previously approved CUP 02-025 (approved February 24, 2003) 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 CUP 02-025, and this permit has since expired. E. That a public hearing was duly called, noticed, and held for said application on January 11, 2011, by the Planning Commission. F. That on January 11, 2011, the Planning Commission adopted Resolution No. 4166, conditionally approving Conditional Use Permit 09-030. G. That on January 19, 2011, an appeal of the Planning Commission's decision to conditionally approve Conditional Use Permit 09-030 was filed by the project applicant, Marconi Foundation for Kids. The appeal specifically requests the removal of Conditions 4.1 through 4.5 of Resolution No. 4166 which pertain to required off-site improvements (i.e. new sidewalks, ADA compliant driveways, curb, etc.) within the public right-of-way. City Council Resolution No. 11-17 Page 2 H. That a public hearing was duly called, noticed, and held for said appeal on March 15, 2011, by the City Council. That the request is intensification from a warehouse to an assembly use; J. That Marconi Foundation proposes to utilize adjacent properties' parking areas to accommodate their parking demand should events exceed the number of parking spaces available on the site. Access to the project site without sidewalks will require people to walk in the street; K. There is not adequate disabled access to and from the site; L. That the requirement for off-site improvements complies with the January 19, 1987, City Council policy requiring construction of sidewalks in industrial areas. M. That in 1995, the Marconi Foundation signed an Agreement to install the sidewalk; N. That other properties in the area are subject to providing off-site improvements such as sidewalks and accessible improvements when significant modifications, additions, intensification of uses are proposed. O. 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: 1. 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 P. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The City Council 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, subject to conditions attached hereto as Exhibit A. City Council Resolution No. 11-17 Page 3 PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 15th day of March, 2011. JERRY AMANTE MAYOR PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 11-17 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 15th day of March, 2011 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A RESOLUTION NO. 11-17 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 March 15, 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 Director 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 and the on-site and off-site improvements required as conditions of approval are completed 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. 11-17 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 Events that exceed the ancillary banquet area (2,240 square feet) shall 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. A master parking plan to accommodate events which exceed the ancillary banquet area shall be submitted and approved by the Community Development Director. The master parking plan shall remain on file with the Community Development Department and shall be amended as required due to any changes in the applicant's ability to provide off-site parking. It is the applicant's responsibility to notify the Community Development Department of any changes to the master parking plan. (***) 2.3 Any events which exceed 400 persons 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. Exhibit A Resolution No. 11-17 Page 3 (1) 2.4 No outdoor storage shall be permitted except as approved by the Tustin Community.Development Director. (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 Chief, 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, compliance with Table 1604.5 of the CBC for assembly uses, 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 Exhibit A Resolution No. 11-17 Page 4 be identified and required at the time of building plan check when detailed plans are provided. (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 Exhibit A Resolution No. 11-17 Page 5 and constructed per City of Tustin Public Works standards and current federal Americans with Disability Act (ADA) requirements. (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 ramps for the physically disabled c) Drive aprons d) Street paving e) Street lighting f) Domestic water facilities 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. Exhibit A Resolution No. 11-17 Page 6 (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 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. 11-17 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.