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HomeMy WebLinkAboutPC RES 3651l0 ]4 20 23 2.4 25 2.7 RESOLUTION NO. 3651 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 98-035 AUTHORIZING OPERATION OF A CONTRACTOR'S OFFICE AT 205-215 W. FIRST STREET, SUITE 207. Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 98-035 was filed by National Rain Gutter to request authorization to operate a contractor's office at 205-215 First Street, Suites 205, 206 and 207, more specifically described as Assessor's Parcel No. 401-531-13 and 14. Be Pursuant to First Street Specific Plan (FSSP), contractor's offices are conditionally permitted in the Office as Primary Use designation. Ce That a public hearing was duly called, noticed and held on said application on January 25, 1999, by the Planning Commission. Bi That the establishment, maintenance and operation of the contractor's office will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor 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, as evidenced by the following findings: 1) As conditioned, the proposed use will not be detrimental to health, safety, morals, comfort and general welfare of the ~3ersons residing in or working in the neighborhood in that the operations of the contractor's office would be similar to permitted office uses: · Storage of all construction related materials will occur at an off- site location; · Loading/unloading of all construction materials will occur at an off-site location; · Company vehicles will be picked up and returned only during authorized construction hours consistent with the Construction Noise Ordinance and stored only when sufficient parking is available on-site; and, · The property will be maintained in a sanitary condition and no construction-related debris or trash will be deposited in the on- site trash bin. ]4 ]? ]8 20 23 24 2.6 Resolution No. 3851 Page 2 II. 2) As conditioned, the proposed use is compatible with uses in the surrounding area and will not be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City in that the nature, operation and scale of the office use i§'compatible with the surrounding residential and commercial uses. E. The Commission finds that the proposed use will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. . Em That this project is a categorically exemption pursuant to Section 15301 (Class 1 ) of the California Environmental Quality Act. The Planning Commission hereby approves Conditional Use Permit 98-035 to operate a contractor's office on the property located at 205-215 W. First Street, Suite 207, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 25th day of January, 1999. ELIZABETH A. BINSACK Planning Commission Secretary Chairperson STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning- Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3651 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of January, 1999. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 98-035 CONDITIONS OF APPROVAL RESOLUTION NO. 3651 (1) (~) (~) (1) (~) GENERAL 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 25, 1999, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community DeveloPment may also approve minor modifications to plans if such modifications are consistent with the provisions of the Tustin City Code. 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval of the Community Development Department. 1.3 Approval of Conditional Use Permit 98-034 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. 1.4 The applicant shall hold harmless and defend the City 'of Tustin from all claims and liabilities arising out of a challenge of the City:s approval for this project. 1.5' ThiS'Conditional Use Permit may be reviewed by the Director of Community Development within six (6) months after the date of this approval and at six (6) month intervals thereafter; or more frequently if necessary, to determine if the operations are conducted in accordance with this approval. If the Director of Community Development determines that the method of operation is inconsistent with any of the conditibns of this approval or other applicable regulations, the applicant shall upon notice cease all violations. The Director of Community Development may' also impose additional conditions or modifications to the existing conditions or facilities as 'part of such review to protect the public health, safety and general welfare. (.1) (2) (3) (4) SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3651 January 25, 1999 Page 2 (1) 1.6 As determined by a City code enforcement officer, any violation of any of the conditions imposed by this Resolution is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. The applicant shall be .responsible for costs associated with any necessary code enforcement action. USE RESTRICTIONS *** 2.2 No storage of building or construction materials is allowed inside the tenant space or in the common areas of the building including the walkways and parking areas. No loading and unloading of building or construction materials is allowed on-site. 2.3 2.4 2.5 The number of company owned construction vehicles parked on-site Shall be limited to five (5). Construction vehicles shall not be picked up or returned to the site before 7:00 a.m. or after 6:00 p.m. Monday through Friday and before 9:00 a.m. and after 5:00 p.m. on Saturday consistent with Section 4616 of the Tustin City Code (Construction Noise Ordinance).' No company owned' construction vehicles shall be parked on site between the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday. No building or construction related materials shall be delSosited in the on- site trash bin or anywhere on the property. The subject property shall be maintained in a safe, clean and sanitary condition at all times. The applicant is responsible'for daily collection of any trash or debris associated with the office use. All construction vehicles shall be stored on site in designated stalls as shown on Exhibit B. 2.6 Construction vehicles parked on-site shall be limited in size to two axles and may not extend beyond the length or width of the standard parking stalls. Any materials stored in said vehicles shall be fully enclosed and not visible from the public dght of way. Exhibit A Resolution No. 3651 January 25, 1999 Page 3 FEES 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 $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted ,check, the statute'of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act c~)uld be significantly lengthened.