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HomeMy WebLinkAboutPC RES 4182RESOLUTION NO. 4182 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2011-15, A REQUEST TO ESTABLISH A TEMPORARY CONSTRUCTION YARD FOR EQUIPMENT AND MATERIALS STORAGE AT AN EXISTING VACANT LOT LOCATED AT 1211 EDINGER AVENUE FOR A PERIOD OF SIX (6) MONTHS. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 2011-15 was filed by Nicholas de Haan, of Flatiron Constructors, Inc., to request to establish a temporary construction yard for equipment. and materials storage at an existing vacant lot located at 1211 Edinger Avenue for a period of six (6} months. B. That the Tustin City Code (TCC} Section 9270c3. requires approval of a Conditional Use Permit by the Planning Commission for temporary uses of six (6} months or more. C. That a Temporary Use Permit was issued for a temporary construction yard use at the subject property. D. 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 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 in that: The proposed use, as conditioned, would not be detrimental to surrounding properties in that all construction materials and equipment will be contained within the property and that the surrounding area adjacent to the proposed use will be kept free and clear of debris and dirt from the construction yard and is subject to City inspection. 2. The proposed uses, as conditioned, would not create a noise impact on the surrounding neighborhood since construction equipment access to the site would be limited to construction hours only and would be subject to the Tustin Noise Ordinance and General Plan Noise Element. Resolution No. 4182 Page 2 3. The proposed use, as conditioned, will comply with the Water Quality Control requirements including containing debris and runoff on-site and implementing any necessary Best Management Practices (BMPs) to ensure water quality standards are maintained. 4. The proposed use, as conditioned, will not be detrimental to the safety of the surrounding properties in that the site will be secured and monitored on a 24-hour basis by on-site security or Closed Circuit Television cameras. 5. The proposed use, as conditioned, will not be detrimental to the general welfare of the persons residing or working in the neighborhood in that the proposed use will be screened from view from the public right-af-way. E. That this project is exempt pursuant to Sections 15304 of the California Environmental Quality Act. II. The Planning Commission hereby approves Conditional Use Permit 2011-15 to establish a temporary construction yard far equipment and materials storage at an existing vacant lot located at 1211 Edinger Avenue for a period of six (6} months. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 27th day of September, 2011. JEFF R. THOMPSON Chai-person ELIZABETH A. BINSAGK Planning Commission Secretary STATE OF CALIFORNIA } COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSAGK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4182 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of September, 2011. ELIZABETH A. BINSAGK Planning Commission Secretary EXHIBIT A RESOLUTION N0.4182 CONDITIONAL USE PERMIT 2011-15 CONDITIONS OF APPROVAL GENERAL {1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 27, 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 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void .unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request and the associated fee is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 2011-15 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). The approval of CUP 2011-15 serves as a Precitation Notice pursuant to Tustin City Cade (TCC) 1160 et al. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW **~` EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Resolution No. 4182 Page 2 (1) 1.6 Conditional Use Permit 2011-15 may be reviewed at any time by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 2011- 15, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Develapment Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.7 As a condition of approval of Conditional Use Permit 2011-15, 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 the defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE RESTRICTIONS *** 2.1 CUP 2011-15 is to allow for a temporary construction yard for storage for six (6) months. No use beyond the expiration date (March 27, 2012) is allowed and the site shall be cleared and restored at the expiration date. Requests for time extension shall comply with Condition 1.3. *** 2.2 The applicant shall have the property surveyed by a licensed surveyor to determine actual property lines. The applicant shall replace the existing dilapidated fence and install a new fence, with screening, on all sides of the proposed construction yard. The fence that is located along property lines shall be installed on the actual property lines based on the new property survey. The applicant shall maintain the fence in good condition including removal of any grafFti on the project site within 24 hours of observation or notification from the City. Exhibit A Resolution No. 4182 Page 3 *** 2.3 Construction equipment and materials stared outside shall be covered when not in use. The applicant shall implement dust control measures at all times and maintain compliance with Southern California Air Quality Management District (SCAQMD) requirements. (1~ 2.4 Operations of the construction yard shall comply with the City of Tustin Noise Ordinance (Tustin City Code Section 4611 et seq.). Construction activities shall be allowed as follows: • 7:00 AM to 6:00 PM, Monday through Friday; • 9:00 AM to 5:00 PM, Saturday; • No construction activities on Sundays and City-observed Holidays; • Other times and days as approved by the Building Official and/or Director of Public Works. (1) 2.5 The applicant shall ensure that the adjacent right-of-way and private property visible from the public right-of--way are maintained and kept free of debris on a daily basis. *** 2.6 The applicant shall contain debris and runoff on-site and implement any necessary Best Management Practices (BMPs) to ensure water quality standards are maintained and kept in compliance with the associated Stormwater Pollution Prevention Plan. **~ 2.7 The applicant shall implement 24-hour security in the form of on-site security guard, closed circuit camera system, or other method acceptable to the City of Tustin Police Department. *** 2.8 Any temporary on-site lighting shall be contained on the property and shall not spill over onto adjacent properties. FEES (1, 5) 3.1 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 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.