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HomeMy WebLinkAboutPC RES 34951 RESOLUTION NO. 3495 10 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 96-033, AUTHORIZING THREE MILITARY VEHICLES AND TWO METAL STORAGE CONTAINERS TO BE LOCATED OUTSIDE THE BUILDING AT 125 WEST MAIN STREET. The Planning Commission of the City of Tustin does hereby resolve as follows: I o The Planning Commission finds and determines as follows: no A proper application, Conditional Use Permit 96-033, has been filed by Vince O'Connor requesting authorization to permit the outside storage of three (3) military vehicles and two (2) metal storage containers located at 125 West Main Street. S o A public hearing was duly called, noticed and held for said application on November 12, 1996 by the Planning Commission, and continued to November 25, 1996 and January 13, 1997. C o The property is located in the Central Commercial - Parking and Cultural Resource Overlay (C2 - P & CR) Zoning Districts. The use applied for is a conditionally permitted use in the Central Commercial (C-2) District. Do That the establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, as evidenced by the following findings: It is appropriate for the military vehicles to be stored on the site since they are associated with the existing commercial use in that the business services and restores various military vehicles. The vehicles provide advertising and easy identification of the business and assist in promoting the use. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3495 Page 2 o o The proposed project, as conditioned, can be accommodated on the subject site in that there is adequate parking and turn- around area in the parking lot and the rear yard to maintain the vehicles and containers. As conditioned, the proposed use is compatible with surrounding uses-in the vicinity in that the vehicles will be parked within marked parking spaces and the containers will be painted to match the buildings. As conditioned, the proposed use will not negatively impact surrounding uses in that wheel stops and safety devices will be installed to prevent operation by unauthorized persons. E o This project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Sections 15301 (Class 1). II. The Planning Commission hereby approves Conditional Use Permit 96-033 authorizing the outside storage of three (3) military vehicles and two (2) metal storage containers located at 125 West Main Street, Tustin, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 13th day of January, 1997. LOU BONE Chairman Secretary 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3495 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3495 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of January, 1997. Recording Secretary EXHIBIT A RESOLUTION NO. 3495 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 96-033 GENERAL (1) 1.1 The proposed project shall substantially conform to submitted plans date stamped January 13, 1997 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 the plans if such modifications are consistent with the provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless the following items are submitted and installed within the required time frames: 1) prepare a safety mechanism plan; 2) install a parking lot sign; 3) install permanent cement wheel stops in the parking lot; and 4) clear the rear yard of materials and supplies. (1) 1.4 Approval of Conditional Use Permit 96-033 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge to the City's approval of this project. USE RESTRICTIONS (4) 2.1 Safety mechanisms shall be installed and maintained within the military vehicles to prevent their operation by unauthorized persons, to the satisfaction of the Police Department. A safety mechanism plan shall be submitted for review and approval within 30 days of this approval. SOURCE CODES (1) STANDARD CONDITIONS (2) PLANNING COMMISSION POLICY (3) MUNICIPAL CODE (4) RESPONSIBLE AGENCY REQUIREMENT (***) EXCEPTION Exhibit A Resolution No. 3495 Page 2 (4) 2.2 A sign shall be maintained on or near the existing rolling metal gate within the parking lot to clarify that the public is permitted to park within the gated area. Said sign shall be installed within 30 days of this approval. (4) 2.3 The parking spaces shall be clearly striped. If vehicles are to be stored in the rear yard, the parking spaces shall be striped. Cement wheel stops shall be installed adjacent to and north of any permitted military vehicles to prevent them from bumping into the adjacent buildings. A parking lot striping plan shall be submitted to the Community Development Department for review and approval within 30 days of project approval. (4) 2.4 The rear yard shall be cleaned and cleared of outdoor storage of materials and supplies within 60 days from the date of this approval. If a storage bin is installed in this location, it shall be painted to match the building and all materials shall be contained within the bin. (4) 2.5 A maximum of three (3) military vehicles may be permitted to be stored outside the building at any one time. Said vehicles shall be parked within marked parking spaces. PLAN SUBMITTAL (1) 3.1 At building permit plan check, submit three (3) complete sets of site improvement plans. Requirements of the Uniform Building Code shall be complied with as approved · by the Building Official. Ail construction shall be in accordance with the 1991 UBC, applicable City Codes and the City's Security Code. No field changes shall be made without corrections submitted to and approved by the Community Development Department. FEES (1) 4.1 Within forty-eight (48) hours of approval of the subject (5) 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 could be significantly lengthened.