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HomeMy WebLinkAboutCC RES 11-17RESOLUTION 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 Resolution 11-17 Page 1 of 10 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. 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 Resolution 11-17 Page 2 of 10 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. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 15t" day of March, 2011. ATTEST: ~~. ., ~ r ' ~ .r- Pamela Stoker, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 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 15t" day of March, 2011, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ~ ~~~~ PA ELA STOKER, City Clerk Amante, Nielsen, Murray (3) Gavello, Gomez (2) None (0) None (p) Resolution 11-17 Page 3 of 10 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 I (3) CALIFORNIA BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Resolution 11-17 Page 4 of 10 (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 Pack Center East Speck 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 Resolution 11-17 Page 5 of 10 event permit from the City of Tustin. All special event permits shall be submitted a minimum of thirty (30) days in advance of the event for consideration. (1) 2.4 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. (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 Resolution 11-17 Page 6 of 10 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 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. Notwithstanding Condition 1.2, these improvements shall be installed prior to March 15, 2016 (5 years). (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. Notwithstanding Condition 1.2, these improvements shall be installed prior to March 15, 2016 (5 years). 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 Resolution 11-17 Page 7 of 10 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. Notwithstanding Condition 1.2, these improvements shall be installed prior to March 15, 2016 (5 years). (1) 4.4 Prior to issuance of the first encroachment 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. 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. (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. Resolution 11-17 Page 8 of 10 (1) 4.9 The applicant shall design and install a double check detector assembly (DCDA) onsite to protect the public water system from cross connections. An easement for public utility access purposes must be dedicated to the City of Tustin. The easement shall start from the public right-of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. The applicant shall submit a legal description and sketch of the area to the Public Works Department for review and approval, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. (1) 4.10 The adequacy of a proposed water system plan for a proposed development project, including the number, size, and distribution of fire hydrants, must be reviewed by the Orange County Fire Authority (OCFA). Plans meeting 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) Resolution 11-17 Page 9 of 10 Prior to the issuance of a building permit, the applicant shall submit architectural plans for 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. (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. Resolution 11-17 Page 10 of 10