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RESOLUTION NO. 3115
.A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN APPROVING CONDITIONAL USE
PERMIT 92-045, AUTHORIZING THE CONSTRUCTION OF
57 FOOT HIGH DUST COLLECTION TOWER, WHICH
EXCEEDS THE MAXIMUM HEIGHT LIMIT OF 50 FEET
WITHIN THE PLANNED COMMUNITY INDUSTRIAL (PC-I)
DISTRICT, AT THE PROPERTY LOCATED AT 1123
WARNER AVENUE, TUSTIN, CA.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
ae
That a proper application, Conditional Use
Permit 92-045, has been filed by McLean &
Schultz on behalf of Steelcase, Inc. to
construct a 57 foot high dust collection tower
at the property located at 1123 Warner Avenue,
Tustin, California.
Be
A public hearing was duly called, noticed and
held for said application on January 11, 1993
by the Planning Commission.
C·
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:
·
The operation and installation of the
dust collection tower will not be
detrimental to the health and safety of
persons residing or working within the
neighborhood nor will the proposed
project be injurious or detrimental to
property and improvements in the
neighborhood or the general welfare of
the City in that the proposed equipment
is required for the wood manufacturing
equipment by the Uniform Building and
Fire Codes and the South Coast Air
Quality Management District to mitigate
any potential hazards associated with ~he
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Resolution No. 3115
Page 2
wood manufacturing equipment. The
proposed dust collection system will
comply with all applicable Uniform Fire
and Building Codes and SCAQMD
requirements.
The massing, scale, and shape of the
proposed dust collection tower will not
be detrimental to the comfort and general
welfare of the persons residing or
working in the neighborhood of the use,
nor will it be injurious or detrimental
to property and improvements in the
neighborhood or the general welfare of
the City in that, the establishment of
the dust collection tower at this
location is similar and compatible with
the massing, scale and shape of the
surrounding existing industrial uses. The
dust collection tower would not be
expected to have any additional impact
aesthetically to the surrounding, areas
than the existing industrial buildings on
site.
The operation and installation of the
dust collection tower will not be
detrimental to the health and safety of
persons residing or working within the
neighborhood nor will the proposed
project be injurious or detrimental to
property and improvements in the
neighborhood or the general welfare of
the City in that any potential adverse
impacts related to noise or air quality
have been mitigated through conditions of
approval included in the provided
resolution.
The proposed dust collection tower will
not be detrimental to the morals, comfort
and general welfare of the persons
.residing or working in the neighborhood
of the use, nor will it be injurious or
detrimental to property and improvements
in the neighborhood or the general
welfare of the City, in that, the
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Resolution No. 3115
Page 3
applicant has located the proposed dust
collection tower in the most concealed
location on the site. The majority of
the tower will be screened by the
existing buildings and public right-of-
way views are either filtered by trees or
obscured by structures. Conditions of
Approval have been included which require
the tower to be painted to be compatible
with the existing facility to further
mitigate the mass of the tower.
De
A Negative Declaration has been prepared and
certified for this project in accordance with
provisions of the California Environmental
Quality Act.
II. The Planning Commission hereby approves Conditional
Use Permit No. 92-045 to authorize the construction
of a 57 foo~ high dust collection tower at the
property located at 1123 Warner Avenue, subject to
the conditions contained in Exhibit A, attached
hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 11th day of January,
1993.
Cha irper~on
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Resolution No. 3115
Page 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY, the undersigned, hereby certify that
I am the Recording Secretary of the Planning Commission
of the City of Tustin, California; that Resolution No.
3115 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the llth day of
January, 1993.
Recording Secretary
EXHIBIT A
CONDITIONAL USE PERMIT 92-045
CONDITIONS OF APPROVAL
RESOLUTION NO. 3115
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped January 11,
1993 on file with the Community Development Department,
as herein modified, or as modified by the Director of
Community Development Department 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 to be consistent
with provisions of the Tustin Municipal Code.
(1) 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 by the Community Development
Department.
(1) 1.3 Conditional Use Permit approval shall become null and
void unless all permits are issued within twelve (12)
months of the date of this Exhibit and substantial
construction is underway.
(1) 1.4 Approval of Conditional Use Permit 92-045 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 and defend the City of Tustin
harmless for all claims and liabilities arising out of
City's approval of the entitlement process for this
project.
OPERATIONS
(2) 2.1 The applicant shall obtain all required approvals and
permits from the South Coast Air Quality Management
District prior to the issuance of a Building Permit.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW
*** EXCEPTION
Exhibit A - Conditions of Approval
Resolution No. 3115
Conditional Use Permit 92-045
Page 2
(2) 2.2 The applicant shall obtain all required approvals and
permits from the Orange County Fire Department prior to
issuance of a Building Permit.
(1) 2.3 The dust collection system shall be subject to the
provisions of the City of Tustin Noise Ordinance, which
in part limits noise levels to 70 dBA in Industrial zoned
Districts.
(1) 2.4 Ail construction operations, including engine warm up,
(9) shall be subject to the provisions of the City of Tustin
Noise Ordinance and shall take place only during the
hours of 7:00 a.m. until 6:00 p.m., Monday through
Friday; or other times that the Building Official
determines will be in substantial conformance with the
Noise Ordinance and the public health and safety will not
be impaired, subject to application being made at the
time the permit for the work is awarded or during
progress of the ~ork.
PLAN SUBMITTAL
(3) 3.1 At building plan check the applicant shall submit tenant
improvements plans, structural calculations and Title 24
energy calculations. Requirements of the Uniform
Building Codes, State Handicap and Energy Requirements
shall be complied with as approved by the Building
Official.
(2) 3.2 At building plan check submittal, the applicant shall
(1) submit cross-section details of the tenant space roof-top
showing the installation of the proposed roof-top
equipment. Roof-top equipment shall be installed and
maintained so as not to be visible from public right-of-
way view subject to review of final plans during plan
check by the Community Development Department. Should
the proposed equipment be visible from public right-of-
way view, architecturally compatible screening will be
required so that such equipment is not visible. An
elevation showing rooftop equipment installation related
'to the height of the parapet and proposed equipment must
be identified at plan check submittal and any design of
required screening will be subject to the approval of
Community Development Department Director.
(1) 3.3 The proposed dust collection tower shall be painted to
(4) match the existing building colors. All exterior colors
to be used shall be subject to review and approval of the
Exhibit A - Conditions of Approval
Resolution No. 3115
Conditional Use Permit 92-045
Page 3
Director of Community Development. Ail exterior
treatments shall be coordinated with regard to color,
materials and detailing and noted on submitted
construction plans. Elevations shall indicate all colors
and materials to be used.
*** 3.4 The dust collection tower height shall not exceed maximum
height of 57 feet and zero inches.
FEES
(1) 4.1 Payment of plan check and permit fees to the Community
Development Department shall be made prior to the
issuance of any building permits in accordance with the
Tustin City Code.
*** 4.Z 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 $25.00 (twenty five
dollars) pursuant to AB 3158, Chapter 1706, Statues of
1990, to enable the City to file the Notice of
Determination required under Public Resources Code
Section 21152 and 14 Cal. Code of Regulations 15075. If
within such forty-eight (48) hour period that applicant
has not delivered to the Community Development Department
the above-noted check, the approval for the project
granted herein shall be considered automatically null and
void.
In addition, should the Department of Fish and Game
reject the Certificate of Fee Exemption filed with the
Notice of Determination and require payment of fees, the
applicant shall deliver to the Community Development
Department, within forty-eight (48) hour of notification,
a cashier's check payable to the COUNTY CLERK in the
amount of $1,250 (one thousand, two hundred fifty
dollars), pursuant to AB 3158, Chapter 1706, Statues of
1990. If this fee is imposed, the subject project shall
not be operative, vested or final unless and until the
fee is paid.
JP:br\3115