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HomeMy WebLinkAbout01 CUP 99-005 ZC 99-002 06-7-99DATE: JUNE 7, 1999 Inter-Com NO. 1 6-7-99 TO' FROM' SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC HEARING FOR ZONE CHANGE 99-002 AND CONDITIONAL USE PERMIT 99-005 SUMMARY: Zone Change (ZC) 99-002 and Conditional Use Permit (CUP) 99-005 are requests to amend the East Tustitt ~luto Center planned Community Regulations to allow ancillary banquet facilities subject to approval of a conditional use permit in the Tustin Auto Center and to establish a banquet facility at 36 Auto Center Drive. On May 24, 1999, the Planni/~g Commission recommended that the City Council approve this project. Applicattt/Property Owner: MacPherson Properties RECOMMENDATION That the City Council: 1. Adopt Resolution No. 99-41 adopting the Negative Declaration for this project; and, , , Introduce and have the first reading of Ordinance No. 1217 approving Zone Change 99-002 and set for second reading at the Council's next scheduled meeting. Adopt Resolution No. 99-45 approving Conditional Use Permit 99-005. BACKGROUND The proposed zone change is a request to allow banquet facilities as ancillary uses within the East Tustin Auto Center Planned Community Development subject to approval of a conditional use permit. The zone change would be applicable to the area north of the I-5 Freeway between Tustin Ranch Road and Myford Road known as the Tustin Auto Center. While the zone change would be effective within the entire planned community, the applicant is proposing to establish a banquet facility in an existing three-story structure developed for auto showroom/museum and auto services at 36 Auto Center Drive (see Location Map). Plans for construction of the automobile showroom and service facility City Council Report ZC 99-002 June 7, 1999 Page 2 were approved by the Planning Commission on November 24, 1997. The project has been constructed and is currently being used as an auto storage facility. On May 24, 1999, the Planning Commission recommended approval of Zone Change 99- 002 and Conditional Use Permit 99-005 (see Attachment B - Minutes/Planning Commission Resolutions). DISCUSSION Zone Change The applicant is requesting an amendment to the East Tustin Auto Center Planned Community Regulations to allow ancillary banquet facilities (6,000 square feet in gross floor area) in the area known as the Tustin Auto Center. A variety of auto sales and auto service uses are permitted and conditionally permitted by the East Tustin Auto Center Planned Community Regulations. Typically, assembly uses such as social halls are conditionally permitted to ensure adequate review of potential impacts related to parking, traffic and noise. Staff recommends that banquet facilities be conditionally permitted to ensure adequate review of associated potential impacts. Approval of the zone change would amend Section V(C) of the East Tustin Auto Center Planned Community Regulations to permit ancillary banquet facilities (less than 6,000 square feet) subject to a conditional use permit and set forth provisions related to parking, temporary uses, and signage (see Exhibit A of Ordinance 1217). A decision to approve the zone change can be supported by the following findings: . The proposed zone change to permit ancillary banquet facilities, subject to approval of a conditional use permit, is consistent with the Tustin General Plan in that the site is located within a Planned Community Commercial/Business land use designation. This land use designation provides for a mixture of uses and activities such as commercial, service, and office uses. , Banquet facilities are compatible with the commercial character of the East Tustin Auto Center. , As a conditionally permitted use, the impacts of each ancillary banquet facility would be evaluated on case by case basis. City Council Report ZC 99-002 June 7, 1999 Page 3 Conditional Use Permit The proposed banquet facility would be located on the ground level of an existing three level parking structure/auto museum. The ground level would contain the seating area for the banquet facility, food preparation area, offices, gift shop, restrooms, and auto display/museum area (see Floor Plan). The second and third levels would provide parking for the facility and car storage for the existing sales operation. Access to the site is provided from Auto Center Drive which connects to Tustin Ranch Road and El Camino Real (see Site Plan). The applicant is proposing to use the banquet facility for events with a maximum of 375 persons up to four (4) times a week. The facility would have varied operating hours with events occurring from several hours to all day depending upon the demand. All food and beverages served in the facility are proposed to be provided by catering services. No cooking facilities are proposed. Catering service providers are required to obtain all applicable permits from the Orange County Department of Health and State Department of Alcoholic Beverage Control. The State Department of Alcoholic Beverage Control requires a permit for every catering event. A condition has been included to ensure that the caterers hired by the applicant or patrons are in compliance with all applicable regulations and a permit is obtained for each event. Parking and Traffic Access to the banquet facility is provided by a driveway aisle which extends from Auto Center Drive to the surface parking on the west and the main entrance to the parking structure to the south. A total of 332 parking spaces are existing on-site including 226 parking spaces in the parking structure and 106 surface parking spaces. Parking provided on site is allocated as follows: - Customer Parking Employee Parking Museum and Office Parking Total Required 6 spaces 44 spaces 151 spaces 201 spaces Total Provided 324 spaces Excess Parking Available For Banquet Events 123 spaces Assembly uses generally require one (1) parking space for every three (3) persons. Although the applicant is proposing a maximum of 375 persons, given a total of 123 excess parking spaces, a maximum of 369 persons could be accommodated at a banquet event. Condition Nos. 3.1 and 3.7 are included to require compliance with the maximum City Council Report ZC 99-002 June 7, 1999 Page 4 number of 369 patrons at each event and to ensure that adequate on-site parking remains available for event parking. In addition, if insufficient parking or traffic capacity is observed on site or at the intersections and streets serving the area, Condition No. 3.9 requires the applicant to conduct a parking/traffic analysis and address any deficiencies identified by the study. The applicant has indicated that, on occasion, there may be as many as 600 to 700 people attending one event. Based on the limited number of on-site parking, large indoor or outdoor gatherings could be considered on a case by caSe basis with approval of a Temporary Use Permit (TUP). Four times a year (one per calendar quarter), the applicant could request to use the facility for banquet events that may exceed the 369 persons limit. On those occasions, the applicant would be required to provide either parking on adjacent properties or valet parking to accommodate the additional patrons. ENVIRONMENTAL Exhibit A of Resolution No: 99-41 is the Initial Study/Negative Declaration prepared for this project. Notice of the Negative Declaration public comment period was provided from April 29, 1999, through May 21, 1999. No significant impacts were identified and .no public comments were received. ANALYSIS In determining whether to approve the Conditional Use Permit, the City Council must determine whether or not the proposed banquet facility will be detrimental to the health, safety, morals, comfort and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. - A decision to approve this request could be supported by the following findings: 1) That operation of the proposed banquet facility, as conditioned, will not 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: a) The proposed facility, as conditioned, would not be-detrimental to, or have a negative effect on, surrounding properties in that the proposed facility is located within a commercial business center where sufficient traffic capacity and parking is available. City Council Report ZC 99-002 June 7, 1999 Page 5 b) c) The proposed use, as conditioned, will not be detrimental to the health, safety, morals, comfort and general welfare of persons residing or working in the neighborhood in that all activities would take place within an enclosed building. Requests for outdoor events would be considered on a case by case basis and would be limited to four times a year (one per calendar quarter). All food and beverage services are provided by catering services and operate in accordance with the requirements of the applicable regulatory agency such as the Orange County Health Services and the State Department of Alcoholic Beverage Control. Minoo Ashabi Assistant Planner Elizabeth A. Binsack Community Development Director ccreport:zc99002-ccreport-2.doc Attachments: A - B- C- Location Map Planning Commission Minutes/Resolution Nos. 3672, 3673, 3674 Resolution No. 99-41 Ordinance No. 1217 Resolution No. 99-45 - ATTACHMENT A LOCATION MAP LOCATION MAP / / ~-~ SANTA ANA FREEWAY TUSTIN MARKET SOU TH ! ' '°~-'~-'- NO SCALE . ATTACHMENT B PLANNING COMMISSION MINUTES/RESOLUTION NOS. 3672, 3673, 3674 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING MAY 24, 1999 CALL TO ORDER: PLEDGE OF ALLEGIANCE: 7:00 p.m., City Council Chambers Chairperson Pontious ROLL CALL: Commissioners: Chairperson and Kozak Pontious, Browne, Davert, Kawashima Present: Chairperson Pontious Vice Chai~ Kozak Browne Davert Kawashima Absent: None Staff: Elizabeth A. Binsack, Director of Community Development Karen Peterson, Acting Senior Planner Lois Bobak, Deputy City Attorney Minoo Ashabi, Assistant Planner Doug Anderson, Senior Project Manager Kathy Martin, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minbtes per person for items not on the agenda.) No Public Concerns were expressed CONSENT CALENDAR: 1 Minutes of the May 10, 1999 Planning Commission Meeting. Commissioner Kozak requested that his Commission Concern be expanded to indicate that on a broader perspective, stickers should be treated as a form of graffiti. Commissioner Davert moved, Commissioner Kawashima seconded, to approve the minutes as amended. Motion carried 4-0. Commissioner Browne abstained due to his absence at the May 10, 1999 meeting. PUBLIC HEARINGS: 2. Public Hearing For Zone Change 99-002 And Conditional Use Permit 99-005 a request to amend the zoning district regulations for the East Tustin Auto Center to Planning Commission M~,u[es May 24, 1999 Page 2 allow ancillary banquet facilities as conditionally permitted uses and to allow establishment of an ancillary banquet facility as part of an existing auto show room/museum site. The project is located at 36 Auto Center Drive within the Planned Community Commercial (PC-C) Zoning District. APPLICANT/ PROPERTY ' OWNER: MACPHERSON PROPERTIES Recommendation . That the Planning Commission adopt Resolution No. 3672 recommending that the City Council certify as adequate the Negative Declaration for Zone Change 99-002; and, . That the Planning Commission adopt Resolution No. 3673 recommending that the City Council approve Zone Change 99-002 to allow ancillary banquet facilities as conditionally permitted uses in the East Tustin Auto Center. . That the Planning Commission adopt Resolution No. 3674 recommending that the City Council approve Conditional Use Permit 99-005, a request to establish a banquet facility within the East Tustin Auto Center. The Public Hearing opened at 7:03 p.m. Minoo Ashabi presented the subject report. Commissioner Browne inquired if events would create a problem for traffic or parking and would the glare from evening lighting impact drivers on the 5 North freeway. Doug Anderson stated that the area is already well lit and does not feel there will be any problems with parking or traffic. Chairperson Pontious asked if live entertainment is permitted outside or inside. The Director responded that live entertainment is not permitted inside or outside unless permission is received from the Community Development Department; however, there are some exceptions in the City Code to allow limited entertainment. Commissioner Kawashima asked how the facility is currently being used. Minoo Ashabi responded that it is currently being used primarily for auto storage. · Commissioner Kawashima asked if the facilities would be specifically for MacPherson or if the public would also be able to use the facility. Planning Commission Mihu~es May 24, 1999 Page 3 The Director stated the facility would be open to public groups on a limited basis through MacPherson. Reed Chesworth, applicant, asked if the Commission had any questions.' Chairperson Pontious asked if the applicant read the staff report and concurs with the conditions of approval. Reed Chesworth, applicant, responded affirmatively. The Public Hearing closed at 7:10 p.m. Commissioner Davert stated that the banquet facility would be unique for an auto center and he has no problems with the proposal. Chairperson Pontious suggested that perhaps the State of the City function could be held at the banquet facility next year. Commissioner Davert moved, Commissioner Kawashima seconded, to adopt Resolution No. 3672 recommending that the City Council certify as adequate the Negative Declaration for Zone Change 99-002. Motion carried 5-0. Commissioner Davert moved, Commissioner Kozak seconded, adopt Resolution No. 3673 recommending that the City Council approve Zone Change 99-002 to allow ancillary banquet facilities as conditionally permitted uses in the East Tustin Auto Center. Motion carried 5-0. Commissioner Davert moved, Commissioner Kawashima seconded, to adopt Resolution No. 3674 recommending that the City Council approve Conditiona~ Use Permit 99-005, a request to establish a banquet facility within the East Tustin Auto Center. Motion carried 5-0. The Director noted, for the applicant's benefit, the City Council still needs to approve the zone change for the project. REGULAR BUSINESS: · Status Report on Desitin Review 97-026 has been agendized to report on the construction of Phase II of Congregation B'Nai Israel's religious and educational facility at 2111 Bryan Avenue within the Community Facility zoning of the East Tustin Specific Plan. APPLICANT/ PROPERTY OWNER: CONGREGATION B'NAI ISRAEL l0 14 20 2! 23 24 2.8 RESOLUTION NO. 3672 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TUSTIN CERTIFY THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR ZONE CHANGE 99-002 AND CONDITIONAL USE PERMIT 99-005 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines'as follows: A. That Zone Change 99-002 and Conditional Use Permit 99-005 are considered "projects" pursuant to the terms of the California Environmental Quality Act; and B. A Negative Declaration has been prepared for this project and has been distributed for public review from April 29, 1999 .to May 21, 1999. C. VVhereas, the Planning Commission of the City of Tustin has considered evidence presented by the Community Development Director and other interested parties with respect to the subject Negative Declaration. D. The Planning Commission has evaluated the proposed final Negative Declaration prior to recommending action on'the project. II. A Final Negative Declaration, attached hereto as Exhibit A, has been completed in compliance with CEQA and state guidelines. The Planning Commission has received and considered the information contained in the Negative Declaration prior to recommending approval of the proposed project, and found that it adequately discussed the environmental effects of the proposed project. Further, the Planning Commission finds the project involves no potential for any adverse effects, whether individually or cumulatively, on wildlife resources; and, therefore, makes a De Minimis Impact finding related to the California State Department Fish and Game Code Section 711.4. l0 14 l? 20 24 2.? Resolution 3672 Page 2 PASSED AND ADOPTED at a regular meeting Commission, held on the 24th day of May, 1999. of the ' Tustin LESLIE PONTIOUS Chairperson ": Planning Commission Secretary Planning STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN . ). !, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3672 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of May, 1999. Planning Commission Secretary RESOLUTION NO. 3673 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 99-002, AMENDING THE EAST TUSTIN AUTO CENTER PLANNED COMMUNITY DISTRICT REGULATIONS TO DESIGNATE ANCILLARY BANQUET FACILITIES AS CONDITIONALLY PERMITTED USES AND ESTABLISH PARKING REQUIREMENTS, SIGN AND SOUND STANDARDS FOR BANQUET FACILITIES. The Planning Commission does hereby resolve as follows: !. The Planning Commission finds and determines as follows: A. That a proper application was filed for Zone Change 99-002 to amend the East Tustin Auto Center District Regulations. to designate ancillary banquet facilities as conditionally permitted uses and establish parking, signage and sound attenuation standards. B. That a public hearing was duly called, noticed and held on said application on May 24, 1999 by the Planning Commission.. ]6 ]? 20 Co That the proposed Zone Change 99-002 is consistent with the policies of the General Plan, in that: (a) The proposed zone change to permit conditionally ancillary banquet facilities is consistent with the Tustin General Plan in that the site is located within a Planned Community Commercial/Business land use designation. This land use designation provides for a mixture of uses and activities such as commercial, service, and office uses. (b) Ancillary banquet facilities are compatible with the commercial character of the East Tustin Auto Center. 24 (c) As a conditionally permitted use, the impa~:ts of each banquet facility would be evaluated on case by case basis. 25 D, A Negative Declaration has been prepared and recommended for certification for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). 2? 28 II. The Planning. Commission hereby recommends that the City Council approve Zone Change 99-002 amending the East Tustin Auto Center Planned Community District Regulations attached hereto as Exhibit A. ]0 ]4 ]7 20 2! 24 27 Resolution No. 3673 Page 2 PASSED AND ADOPTED by the Planning Commission Of the City of Tustin, at a regular meeting on the 24th day of May, 1999. Planning Commission Secretary LESLIE A. 'PONTIOUS 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 City of Tustin, California; that Resolution No. 3672 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of May, 1999. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT-A OF RESOLUTION 3673 · EAST TUSTIN AUTO CENTER PORTIONS OF PLANNED COMMUNITY REGULATIONS SECTION V. USES PERMI'I-i'ED A. Uses Permitted . Auto, truck, and recreational vehicle sales, leasing and Service (dealership and/or independents). Service industries may include, but are not limited to, the following: a. Repair, maintenance and servicing of appliances or component parts for motor vehicles. b. Tooling c. Testing shops (excluding noise producing or noxious performance testing). d. Repair, maintenance and servicing of above listed items provided that said industries are not the point of customer delivery or collection. e. Diagnostic labs. B. f. Experimental automobile assembly and fabrication. g. Vehicular storage areas (exclUsive of impound yards)i Uses Permitted Subiect to Granting of a CUP by the Planninq Commission if Not Included in Auto Dealership. . Tire, Battery and accessory shops and accessory indoor installation facilities. . . Auto and vehicle glass shops. Auto and truck rentals. . o Paint and restoration shops (independent of dealerships). Body shops (independent of dealerships). . Service industries which provide a service to uses listed in Section A., above. C. Uses Permitted Subject to Grantinq of a CUP by the Planninq Commission 1. Car wash 2. Service station 3. Motorcycle sales that it does not exceed the height and length described in Section VIII.F., paragraphs 2 and 3 of this document, subject to Planning Commission approval.~ B. Buildinq Heights 1. Buildings shall be a maximum of 30' in height to top of ridge line. 2. Automobile display and signage shall not be allowed on top of any building. 3. Automobile storage in the second level of a building shall be allowed only if fully screened from view, including the line of sight from the second story of any structures which may be built across Jamboree and Laguna Roads. C. Parking . Each auto dealer shall provide a minimum of eleven (11) off-street parking spaces per net buildable acre which shall be reserved for employee parking only. . in the event that employee parking is provided in a common parking lot, each dealer shall provide separate parking space on his/her premises for any demonstrator automobiles which are driven by a company bmployee. . If employee parking is provided in a common facility shared by several merchants, a recorded document shall be filed with the Building and Planning Departments and shall be signed by the Owner of the common site, stipulating to the permanent reservation of use of the site for employee parking purposes: - . Each automobile dealer shall provide a minimum of six onsite parking spaces reserved exclusively for customers' use. Additional customer parking shall be allowed at curbside where appropriately striped. . Onsite handicapped parking shall be provided as required by the governing agencies. H. . Auto dealers adjacent to El Camino Real may not open service bay doors toward El Camino Real unless the doors are higher than the perimeter wall which screens them from EL Camino Real. 4. Air compressor exhaust stacks shall contain a muffling device. . Exterior loud speakers shall be directed away from the perimeter 'streets which surround the Auto Center and shall be mounted no higher than 12' above the immediate finished grade. . Air conditioning units may not be moUnted on top of any building which is less than 65' from a rear property line. Signage . Signs shall be allowed subject to the provisions of the Tustin Auto Center Sign Criteria, as approved by the City of Tustin Planning Commission. . Project developer shall supply signage adjacent to the freeway and at both entrances to the project announcing the Auto Center location. Additionally, the developer shall supply freeway directional travel signs at the nearest freeway off ramps. . . Roof-mounted signs shall not be allowed. 'Billboard signage shall not be allowed. Storage and Loadinq Areas . No materials, supplies or equipment, including firm-owned or operated trucks, shall be stored 'in any area on a site except inside a closed building or behind a visual barrier or service area which screens the equipment from view of all public streets. The singular ]6 exception shall be any vehicles which are a part of the merchant's customer display. o. Neither the loading dock nor the offloading operations for automotive parts and other supplies shall be visible from any public streets. J · Refuse Collection Area o All outdoor refuse collection areas shall be visually screened from access streets, freeway, and adjacent property by an opaque screen. ]? l0 14 20 24 25 26 2? 28 RESOLUTION NO.'3674 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT 99-002 TO THE CITY COUNCIL TO ESTABLISH AN ANCILLARY BANQUET FACILITY WITHIN AN EXISTING AUTO SALES/MUSEUM AND AUTO REPAIR BUILDING AT 36 AUTO CENTER (TUSTIN AUTO CENTER). The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit 99-005, was filed by MacPherson Properties requesting authorization to establish an ancillary banquet facility (approximately 5,500 square feet gross floor area), within an existing building in Tustin Auto Center. B. That the Planning Commission recommended approval of Zone Change 99-002 to conditionally allow ancillary banquet facilities within the East Tustin Auto Center Planned Community. Ce That a public hearing was duly called, noticed and held for said application on May 24, 1999 by the Planning Commission. Bi That 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, evidenced-by the following findings: a) The proposed facility, as conditioned, would not be detrimental to, or have a negative effect on, surrounding properties in that the proposed facility is located within a commercial business center where sufficient traffic capacity and parking is available. b) The proposed, use, as conditioned, will not be detrimental to the health, safety, morals, comfo.rt and general welfare of persons residing or working in the neighborhood in that all activities would take place within an enclosed building. Requests for outdoor events would be considered on a case by case basis and would be limited to four times a year (one per calendar quarter). c) All food and beverage services are provided by catering services and operate in accordance with the requirements of the applicable regulatory agency such as the Orange County Health Services and the State Department of Alcoholic Beverage Control. l0 14 20 2! 22 24 26 2? 28 Resolution No. 3674 Page 2 Ee F. A Negative Declaratibn has been prepared and recommended for certification, for this project in accordance with the provisions of the Califomia Environmental Quality Act (CEQA). That the Planning Commission's recommendation of approval of CUP 99- 005 is contingent upon approval of Zone Change 99-002 by the City Council. The Planning Commission hereby recommends approval of CUP 99-005 to establish a small banquet facility at 36 Auto Center Drive, 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 24th day of May, 1999. Planning Commission Secretary LESLIE PONTIOUS 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. 3674 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of May, 1999. EEIZABETHA. BINSACK Planning Commission Secretary (1) (1) (1) EXHIBIT A' CONDITIONAL USE PERMIT 99-005 CONDITIONS OF APPROVAL RESOLUTION NO. 3674 GENERAL 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped May .24, 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 during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. 1.3 The subject project approval shall become null and void unless permits are issued within twelve (12) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted if a wdtten request is received by the. Community Development Department within thirty (30) days prior to expiration. 1,4 ApProval of Conditional Use Permit 99-005 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. 1.5 The applicant shall hold harmless and defend the City of Tustin f_rom all claims and liabilities arising out of a challenge of the City's approval for this project. 1.6 Approval of Conditional Use Permit is contingent upon approval by the City Council of Zone Change 99-002. 1.7 Amendments to Conditional Use Permit 99-005 may be considered and approved by the Planning Commission. (2) (3). (4) SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS ($) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A - Conditions of Approval Cup 99-005 Page 2 PLAN SUBMITTAL (5) At the time of building permit application, the plans shall comply with the latest adopted Uniform Building Code, other related codes, City Ordinances, and State and Federal laws and regulations. (1) 2.2 If interior improvements are proposed, in compliance with the Uniform Building Code (Application for Permit), the applicant, designer, Architect or Engineer must submit construction drawings (building plans) to the Building Division for review and approval prior to the issuance of a building permit. USE RESTRICTIONS (2) 3.1 Parking spaces designated for the banquet facility in the approved parking analysis and site plan shall be unobstructed and available during all banquet events. 3.2 Banquet and assembly uses shall be associated with and accessory to the Auto Museum use. (2) 3.3 All banquet events are to be held within the enclosed building. No outdoor activity other than loading and unloading associated with catering services and valet parking is allowed, unless approved by Community Development Department. (5) 3.4 All regulations of the Uniform Building Code and the Fire Department regarding assembly occupancy classification, fire rating and-exiting standards shall be met during ali events. 3.5 No outdoor event or live entertainment is permitted unless otherwise approved by the Community Development Department. 3.6 Banquet events shall be held only on the ground level of the structure as designated on the approved Floor Plan. 3.7 A maximum of 369 persons may attend an event at the banquet facility based on the availability of 123 parking spaces available exclusively for banquet facility, unless otherwise approved by the Community Development Department. 3.8 Four times a year, the Community Development Director may approve a Temporary Use Permit for events that exceed the 369 person limit if sufficient parking is provided. Exhibit A - Conditions of Approval Cup 99-005 Page 3 (2) 3.9 If, at any time in the future, the City is made aware and concurs that a parking problem exists at the subject site as a result of insufficient on-site parking availability, then the Community Development and Public Works Departments may require the property owner to submit a revised parking demand analysis prepared by a California licensed traffic engineer and/or a civil engineer experienced in preparation of these documents, at no expense to the City, within the time schedule stipulated by the City. If said study indicates that there is inadequate parking, additional mitigation measures shall be provided subject to the review and approval of the Community Development and Public Works Departments. Said mitigation may include, but not to be limited to, the following: a. 'b. Reduce the demand for parking by a decrease in the number of event participants. Provide additional parking as needed, up to minimum number required for the use consistent with standard parking requirements by purchase and/or lease of property within 500 feet of the property or provision of the needed parking on site. The securing of off-site parking would require approval by the Community Development Director. FIRE DEPARTMENT (5) Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the OCFA for review and approval. This includes any alteration or addition to the sprinkler system. Prior to issuance of a Certificate of Occupancy, this system shall be operational in a manner, meeting the approval of the Fire Chief. (5) 4.2 Plans for review and approval shall be submitted to the Fire Chief as indicated on the OCFA Plan Submittal Criteria form. Contact the Orange County Fire Authority at (714) 744-0403 for a copy of the Fire Safety Site/Architectural Notes to be placed on the plans prior to submittal. Occupancy separations will be required between the proposed A2.1 Occupancy and the existing occupancy. (5) 4.3 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. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. Exhibit A- Conditions of Approval Cup 99-005 Page 4 FEES Prior to issuance of any building permits, payment shall be made of all applicable building plan check, signs, design review and permit fees to the Community Development Department based upon the most current schedule. Ao Building plan check and permit fees to the Community Development Department based on the most current schedule. Bo Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. (1) 5.2 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 could be significantly lengthened. ATTACHMENT C RESOLUTION NO. 99-41 ORDINANCE NO. 1217 RESOLUTION NO. 99-45 ~0 ~5 "5 "7 RESOLUTION NO. 99-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR ZONE CHANGE 99-002 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. Zone change 99-002 is considered a "project" pursuant to the terms of the California Environmental Quality Act; and B, A Negative Declaration has been prepared for this project and has been distributed for public review. C, Whereas, the Planning Commission of the City of Tustin has considered evidence presented by the Community Development Director and' other interested parties with respect to the subject Negative Declaration, and on May 24, 1999 recommended that the City Council certify the Negative Declaration. D. The City Council of the City of Tustin has reviewed and considered the Negative Declaration and has determined that the Negative Declaration is adequate and complete, II. A Final Negative Declaration has been completed in compliance with CEQA and state guidelines. The City Council has received and considered the information contained in the Negative Declaration prior to recommending approval of the proposed project, and found that it adequately dis6ussed the environmental effects of the proposed project. Further, the City Council finds the project involves no potential for any adverse effects, whether individually or cumulatively, on wildlife resources; and, therefore, makes a De Minimis Impact finding related to the California State Department Fish and Game Code Section 711.4. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 7~ day of June, 1999. PAMELA STOKER City Clerk TRACY WILLS WORLEY Mayor COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) S73-3100 INITIAL STUDY A. BACKGROUND Project Title: Zone Change 99-002, Conditional Use Permit 99-005 Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Minoo Ashabi Phone: 714/573-3126 Project Location: 36 Auto Center Drive Project SponsOr's Name and Address: MacPherson Properties 23 Auto Center Drive Tustin, CA 92782 General Plan Designation: Planned Community Commercial/Business Zoning Designation: Planned community Commercial, East Tustin Auto Center Project Description: A request for a zone change to allow banquet facilties as a conditionally permitted use in the East Tustin Auto Center Planned Community. Surrounding Uses: North: Auto dealership South: Interstate 5 East: Auto dealership West: Auto dealership Other public agencies whose approval is required: [~] Orange County Fire Authority [--] [~ Orange County Health Care Agency [--] ~ South Coast Air Quality Management ['-] District Other: City of Irvine City of Santa Ana Orange County EMA EXHIBIT A B. ENVIRONMENTAL FA~.. ~t'ORS POTENTIALLY AFFEC~I The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. [-]Land Use and Planning [-]Population and Housing [--]Geological Problems [---]Water [--]Air Quality ~Transportation & Circulation [--]Biological Resources [--]Energy and Mineral Resources [-]Hazards [~Xloise [--]Public Services ~]Utilities and Service Systems [-~Aesthetics [-]Cultdral Resources [--]Recreation [-]Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [-] I find that although the Proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. [-'] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Prepay;- .~.rtxP'd-~7~- Elizabeth A. Binsack, Community Development Director Title 1) 2) 4) 5) 6) 7) 8) 9) D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each qt~estion. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact"answer should be explained where it is based on project-specific factors and general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). All answers must take into account the whole action involved, including off-site, on-site, cumulative project level, indirect, direct, construction, and operational impacts. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, and EIR is required. ',Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross- referenced). Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review.. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation MeasureS. For effects that are "Less than Significant with Mitigation Measures Incorporated,'' describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans,' zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. Supporting Information Sources: A source list should be attached' and other sources used or individuals contacted should be cited in the discussion. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and, b) the mitigation measure identified, if any, to reduce the impact to less than significance. EVALUATION OF ENVIRONMEN'I..~.. IMPACTS I. AESTHETICS- Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? IlL AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number ' of people? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less 'Than Significant Impact No Impact IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department offish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any l~ative resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an' archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life oi' property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Potentially Significant Impact Less Than Sign~cant With Mitigation Incorporation Less Than Significant Impact No Impact 0 0 0 0 0 0 0 0 0 0 g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY: - Would the project: a) Violate any water quality standards or waste discharge requirements? b) ' Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local ~oundwater table level (e.g.; the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoffwater which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?. f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING - Would the project: Potentially. Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact a) Physically divide an established community? [-1 I--] I--'l [5~ b) Conflict with any applicable land use plan, policy, or . regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive '~oundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XII. POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact ID [5] c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which migaht have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. 'UTILITIES AND SERVICE SYSTEMS- Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which 'serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to' degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact Less Than Significant l~Tth Mitigation Incorporation Less Than Significant Impact No Impact ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS ZONE CHANGE 99-002 AN AMENDMENT TO THE EAST TUSTIN AUTO CENTER ZONING REGULATIONS TO ALLOW BANQUET FACILITIES AS A CONDITIONALLY PERMITTED USE BACKGROUND The "project" is an amendment to the East Tustin Auto Center to allow banquet facilities as a conditionally permitted use. This evaluation considers impacts of the proposed banquet facility as well as any impacts that may result from the proposed zone change. The current permitted and conditionally permitted uses in the East Tustin Auto Center zoning regulations are as follows: Permitted uses: . Auto, truck, and recreational vehicle sales, leasing and service (dealership and/or independents). Service industries may include, but are not limited to the following: ao b. d. eo Repair, maintenance and servicing of appliances or component parts of motor vehicles. Tooling. Testing shops (excluding noise producing or noxious performance testing). Repair, maintenance and servicing of above listed items provided that said industries are not the point of customer delivery or collection. Diagnostic labs. Experimental automobile assembly and fabrication. vehicular storage areas (exclusive of impound yards). -- Bo Uses Permitted subject to granting a CUP by the Planning Commission if not included in Auto Dealership: . . 3. 4. 5. 6. Tire, battery and accessory shops and accessory indoor installation facilities. Auto and vehicle glass shops. Auto and truck rentals. Paint and restoration shops (independent of dealerships). Body Shops (independent of dealerships). Service industries that provide a service to uses listed in Section A. above. C. Uses permitted subject to granting a CUP by the Planning Commission: 1. Car wash. 2. Service stations. 3. Motorcycle sales. AttachmentA - Evaluation of Environmental Impacts ZC 99-002, CUP 99-005 Page 2 The amendment would allow establishment of banquet facilities within the planned development of Tustin Auto Center with approval of a Conditional Use Permit by the Planning Commission. The amendment would apply to 55 acres of land containing twelve parcels included in the East Tustin Auto Center Planned Development bounded by Interstate 5 to the south, El Camino Real to the north, Tustin Ranch Road on the west and Myford Road on the east. The proposed facility would be part of an existing three level structure containing an auto showroom/ museum and auto service. The museum, offices and auto services are located at ground level. Level two and three provide parking for the facility in addition to car storage. There is no physical development as part of the amendment. The banquet facility would be provided in the area designated as auto museum at the ground level of the existing, structure approximately 5,500 square feet in area. A food preparation area and public restrooms would be available for patrons. No cooking facilities are proposed. Caterers will provide all food and beverages served on site. Catering services are required to obtain all applicable permits from the Orange county Department of Health and State Department of Alcoholic Beverage Control. 1. AESTHETICS Items a through d -"No Impact": The project is located in a developed urban area and will not have a substantial adverse effect on. a scenic vista nor will it substantially damage scenic resources, including, but not limited to, trees, rock outcropping, and historic buildings within a state scenic highway, nor will it substantially degrade the existing visual character or quality of the site and its surroundings. The proposed facility is located in an existing building and nb new development is proposed. Future proposals for banquet facilities conditionally allowed by the zone change would be considered on a case by case basis for aesthetics impacts. Sources: Submitted Plans Site observation Tustin City Code Mitigation/Monitoring Required: None Required . AGRICULTURAL RESOURCES Items a through c -"No Impact": The East Tustin Auto Center is located in an urban area, where there would be no impacts on any farm land, nor will it conflict with existing zoning for agricultural use, or a Willamson Act contract. The project will not involve any changes in the existing environment and could not result in AttachmentA - Evaluation of Environmental Impacts ZC 99-002, CUP 99-005 Page 3 conversion of farmland to non-agricultural use. Future proposals for banquet facilities conditionally allowed by the zone change would be considered on a case by case baSis for impacts to agricultural resources. Sources: Submitted Plans Site observation Tustin City Code Mitigation/Monitorinq Required: None Required . AIR QUALITY Items a through e - "No Impact": The proposed banquet facility will not conflict with or obstruct implementation of any applicable air plan, violate any air quality standard, result in a cumulatively considerable increase of any criteria pollutant as applicable by federal or ambient air quality standard, nor will it expose sensitive receptors to substantial pollutant concentrations, or create objectionable odor affecting a substantial number of people. Future proposals for banquet facilities conditionally allowed by the zone change will be considered on a case by case basis for any impacts to air quality. Sources: Tustin City Code Mitigation/Monitoring Required: None Required o BIOLOGICAL RESOURCES Items a through d -"No Impact": The East Tustin Auto Center, affected by the zone change, and the proposed facility are located within an urban area developed as an auto center. The site is free from any unique, rare, or endangered species of plant or animal life identified in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Future proposals for banquet facilities conditionally allowed by the zone change would be considered on a case by case basis for impacts on biological resources. Sources: Site observation Tustin City Code Mitigation/Monitoring Required: None Required AttachmentA - Evaluation of Environmental Impacts ZC 99-002, CUP 99-005 Page 4 . CULTURAL RESOURCES Items a throuqh d -"No Impact": The East Tustin Auto Center and the proposed banquet facility are not within an area identified as an archaeological site, nor will the zone change or establishment of the facility cause a substantial adverse change in the significance of a historical resource or archaeological resources. The project will not destroy or disturb a unique paleontological resource, human remains or a unique geological feature. Future proposals for banquet facilities conditionally allowed by the zone change would be considered on a case by case basis for impacts on cultural resources. Sources: EIR 84-2, Tustin Auto Center Field Observations Mitigation/Monitoring Required: None Required o GEOLOGY AND SOILS Items a (I), a (ii), a (iii), a (iv), b, c, d and e- "No Impact": The proposed banquet facility is loCated in an existing building. The project will not expose people to potential substantial effects, including the risk of loss, injury, or death involving: rupture of a known earthquake fault, strong seismic ground shaking, landslides, soil erosion, or loss of top soil, nor is the project on unstable or expansive soil. Future proposals for banquet facilities conditionally allowed by the zone change will be considered on a case by case basis. Sources: Preliminary Seismic Map Uniform building Code Mitigation/Monitoring Required: None Required . HAZARD AND HAZARDOUS MATERIALS Items a through h -"No Impact": The proposed project will not result in significant hazards (i.e. explosion, hazardous materials spill, interference with emergency response plans, wildland fires, etc.), nor is the area affected by'the zone change located within an airport land use plan, or vicinity of a private airstrip. Banquet facilities typically do not have' any impacts associated with hazardous materials, however, future proposals would be reviewed on a case by case basis. Sources: Field Observations Proposed Plans AttachmentA - Evaluation of Environmental Impacts ZC 99-002, CUP 99-005 Page 5 Tustin City Code Mitigation/Monitoring Required: None Required 8. HYDROLOGY AND WATER QUALITY Items a through i - "No Impact": The East Tustin Auto center is located within an existing commercial area, and is not located near any standing or moving bodies of water. As a result, the amount of surface water and direction of water movement will not change. Future proposals for banquet facilities conditionally allowed by the zone change would be considered on a case by case basis for impacts on hydrology and water quality. Sources: Field Observations Mitigation/Monitoring Required: None Required 9. LAND USE AND PLANNING Items a through c - "No Impact": The proposed facility is located in an area designated by the General Plan Land Use Map as Planned Community. Commercial/Business. The Planned Community Commercial/Businessdesignation provides opportunities for a mixture of uses compatible with activities permitted with commercial, office and industrial development when all location, land use and building standards are within the character of the surrounding and standards are governed by a planned community district regulations. Banquet facilities are consistent with uses in the Commercial/Business land use designation in that they are a service-oriented activity serving a community wide area. The proposed zone change does not conflict with the City of Tustin General plan. The amendment to the East Tustin Auto Center planned community regulations would allow banquet facilities with approval of a conditional use permit, therefore, future proposal would be considered on a case by case basis. The project will not physically divide an established community nor it conflicts with any applicable habitat conservation plan. Future proposals for banquet facilities conditionally allowed by the zone change would be considered on a case by case basis for impacts on land use and planning. Sources: Tustin General Plan East Tustin Auto Center Regulations Mitigation/Monitoring Required: None Required AttachmentA - Evaluation of Environmental Impacts ZC 99-002, CUP 99-005 Page 6 10. MINERAL RESOURCES Items a and b -"No Impact": The proposed zone change and the banquet facility will not result in loss of a known mineral resource, or availability of a locally important mineral resource recovery site delineated on the general plan or other applicable land use maps. Future proposals for banquet facilities conditionally allowed by the zone change would be considered on a case by case basis for impacts on mineral resources. Sources: Tustin General Plan Mitigation/Monitoring Required: None Required 11. NOISE Items b, e, and f- "No Impact": The proposed banquet facility is located within the Tustin Auto Center. The project will not expose persons to noise levels in excess of standards established in the general plan, noise ordinance, or excessive groundborne vibrations, nor will it create a substantial permanent increase in the existing ambient noise levels. Future proposals for banquet facilities allowed by the zone change would be considered on a case by case basis. The East Tustin Auto Center including the proposed banquet facility is not located within an airport land use plan or vicinity of a private airstrip. Sources: Tustin City Code Tustin General Plan Mitigation/Monitoring Required: None Required Item a, c and d -"Less than Siqnificant": The proposed banquet facility may result in utilization of the site for longer hours with more patrons attending events that could potentially increase the ambient noise level in the vicinity of the project. However, since all activities will take place within an enclosed building, no significant ambient noise will be generated. In addition, the proposed banquet facility site is located within a large commercial site adjacent to the 5- Freeway with substantial auto related and traffic noise that any noise generated would not have any impacts on the residential neighborhoods in the vicinity of the project. Conditions of approval will include a condition ensuring that no outdoor gatherings would be associated with the approval of the proposed facility. Future proposals will be considered on a case by case basis for any potential noise impacts to the neighboring properties. AttachmentA - Evaluation of Environmental Impacts ZC 99-002, CUP 99-005 Page 7 Sources: Tustin City Code Tustin General Plan Mitigation/MonitoringRequired: All banquet events are to be held completely within the enclosed building. No outdoor activity other than loading and unloading associated with catering services and valet parking is allowed, unless approved by Community DeveloPment Department. 12. POPULATION AND HOUSING Items a, b, and c-"No Impact": The proposed banquet facility will not increase substantial population in the area, displace substantial number of existing housing, · or people. Future proposals for banquet facilities conditionally permitted by the zone change would be considered on a case by case basis for impacts to population and housing in the area. Sources: Proposed hours and number of operations Tustin General Plan Mitigation/Monitorinq Required: None Required 13. PUBLIC SERVICES Item a -" No Impact": The proposed banquet facility will not create demand for alteration or addition of government facilities (fire and police protection, schools, parks, etc.); where construction or alteration of such facilities could-cause significant environmental impacts. Future proposals for banquet facilities conditionally permitted by the zone change would be cOnsidered on a case by case basis. Sources: Tustin General Plan Mitigation/Monitorinq Required: None Required 14. RECREATION Items a and b - "No Impact": The proposed banquet facility and zone change will not.have increase demand for neighborhood parks or recreational facilities. Future proposals for banquet facilities conditionally permitted by the zone change would be considered on a case by case basis for impacts to recreation facilities. AttachmentA - Evaluation of Environmental Impacts ZC 99-002, CUP 99-005 · Page 8 Sources: Tustin City Code Tustin General Plan Mitigation/Monitorinq Required: None Required 15. TRANSPORTATION/TRAFFIC Item a and f) -"Less than Siqnificant Impact With Mitiqation": Access to the proposed area affected by the zone change is provided by Auto Center Drive, with Tustin Ranch Road as the major intersection adjacent to the project. All potential traffic impacts related to this facility have been identified in a previous EIR 84-2 for . the auto center certified in January, 1985. The proposed site for the banquet facility has been additionally reviewed by the City's Traffic Engineer for potential traffic impacts. No impacts have been identified. Parking impacts were considered based on the number of on-site parking. The parking structure contains 226 parking spaces. The parking provided on the site is · allocated as following: Customer Parking Employee Parking Museum and Office Parking Total Provided 6 spaces 44 spaces 151 spaces 324 spaces Excess Parking available For Banquet Events 123 spaces Assembly uses generally require one parking space for every three persons. 'Therefore considering the excess on-site parking, a maximum number of 369 people can be accommodated in a banquet event. A condition has been included to ensure compliance with the maximum number of 369 at every event. Four times a year, the applicant can request to use the facility for banquet events that may exceed the 369 persons limit. On those occasions, the applicant would be required to provide either parking on adjacent properties or valet parking to accommodate the additional patrons. Conditions of approval would ensure that adequate on-site parking would be available. In the event that insufficient parking or increased traffic to the intersections and streets serving the area is observed, the applicant would be required to conduct a parking/traffic analysis and address any deficiency identified by the study. Sources: Submitted Plans East Tustin Auto Center Regulations Tustin City Code AttachmentA - Evaluation of Environmental Impacts ZC 99-002, CUP 99-005 Page 9 Tustin General Plan Mitigation/Monitorinq Required: The number of patrons of the banquet facility is limited to 369 accommodated by the parking analysis of the site (123 excess parking available for banquet facility), unless otherwise approved by the Community Development Department. Four times a year, the applicant can request to use the facility for banquet events that may exceed the 369 persons limit. On those occasions, the applicant would be required to provide either parking on adjacent properties or valet parking to accommodate the additional patrons. Temporary Use Permits would be reviewed on a case by case basis. If, at any time in the future, the City is made aware and concurs that a parking problem exists at the subject site as a result of insufficient on-site parking availability, then the Community Development and Public Works Departments may require the property owner to submit a revised parking demand analysis prepared by a California licensed traffic engineer and/or a civil engineer experienced in preparation of these documents, at no expense to the City, within the time schedule stipulated by the City. If said study indicates that there is inadequate parking, additional mitigation measures shall be provided subject to the review and approval of the Community Development and Public Works Departments. Said mitigation may include, but not to be limited to, the following: ao 'Reduce the demand for parking by a decrease in the number of-event participants. bo Provide additional parking as needed, up to minimum number required for the use consistent with standard parking requirements by purchase and/or lease of property within 500 feet of the property or provision of the needed parking on site. The securing of off-site parking would require approval by the Community Development Director. Items b, c, d and e - "No Impact": The proposed banquet facility will not result in a change in air traffic patterns, inadequate emergency access; nor will it exceed a level of service standards established by the county congestion management agency for designed roads or highways or conflict with adopted policies, plans or programs supporting alternative transportation. Future proposals for banquet facilities would be considered on a case by case basis. Sources: East Tustin Auto Center Regulations Tustin City Code AttachmentA - Evaluation of Environmental Impacts ZC 99-002, CUP 99-005 Page 10 Tustin General Plan Mitigati°n/Monitoring Required: None Required 16. UTILTIES AND SERVICE SYSTEMS Items a through g - "No Impact": The East Tustin Auto Center is located in an area where all utilities are available to the site. No other impacts to water treatment, water supply, wastewater treatment, solid waste disposal are identified.' Future proposals for banquet facilities conditionally permitted by the zone change would be reviewed on a case by case basis for impacts on utilities and service systems. Sources: Tustin City Code Tustin General plan Mitigation/Monitorinq Required: None Required .MA: negd ec-ZC99-002, doc ORDINANCE NO. 1217 l0 14 20 22 24 25 26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING ZONE CHANGE 99-002, AMENDING THE EAST TUSTIN AUTO CENTER PLANNED COMMUNITY REGUALTIONS TO -CONDITIONALLY ALLOW ANCILLARY BANQUET FAClLTITES IN THE TUSTIN AUTO CENTER. The City Council does hereby ordain as follows: I. The City Council finds and determines as follows: Ao That a proper application was filed for Zone Change 99-002 to amend the East Tustin Auto Center Planned Community Regulations to conditionally allow ancillary banquet facilities in the Tustin Auto Center aS identified on Exhibit A attached hereto. Bo That on May 24, 1999 the Planning Commission recommended that the City Council approve Zone Change 99-002 to conditionally allow ancillary banquet facilities within the East Tustin Auto Center Planned Community. C. That a public hearing was duly called, noticed and held on said application on June 7, 1999 by the City Council. D, That the proposed Zone Change 99-002 is consistent with the policies of the General Plan, in that: 1) Policy 7.4 encourages the maintenance, marketing and further development of the Tustin Market Place and Tustin Auto Center as regional retail destinations. 2) Policy 3.2 encourages locating major commercial uses in areas that are easily accessible to major trahsportation facilities. E, A Negative Declaration has been adopted for this project by the City Council in accordance with the provisions of the California Environmental Quality Act (CEQA). II. The applicant (MacPherson properties) shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. III. The City Council hereby approves Zone Change 99-002, amending the East Tustin Auto Center Planned Community Regulations to conditionally allow ancillary banquet facilities within the Tustin Auto Center, as identified on Exhibit A attached hereto. ]4 ]5 ]? 20 2.] 22 23 24 25 26 2? 28 Ordinance No. 12'~ t Page 2 IV. If any section, such section, sentence, clause, phrase or portion of this ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED .AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 21st day of June, 1999. TR,~CY WILLS WORLEY Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR ORDINANCE NO. 1217 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1217 was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 21st day of June, 1999. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk EXHIBIT A OF ORDINANCE NO. 1217 EAST TUSTIN AUTO CENTER PORTIONs OF PLANNED COMMUNITY REGULATIONS SECTION V. USES PERMITTED C. Uses Permitted Subject to Granting of a CUP by the Planning Commission 1. Car wash 2. Service station 3 Motorcycle sales~ ~ ~~~'~ SECTION VIII. DEVELOPMENT STANDARDS C. Parking · G. Sound Attenuation H. Signage 20 2! 22 24 25 26 2? 28 RESOLUTION NO. 99-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 99-005 TO ESTABLISH AN ANCILLARY BANQUET FACILITY WITHIN. AN EXISTING AUTO SALES/MUSEUM AND AUTO REPAIR BUILDING AT 36 AUTO CENTER (TUSTIN AUTO CENTER). The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: Ao That a proper application, Conditional Use Permit 99-005, was filed by MacPherson Properties requesting authorization to establish an ancillary banquet facility (approximately 5,500.square feet gross floor area) within an existing building in Tustin Auto Center. Bo That on May 24, 1999, the Planning Commission recommended approval of Zone Change 99-002 to conditionally allow ancillary banquet facilities within the East Tustin Auto Center Planned Community and Conditional Use Permit 99-005 to allow establishment of a 5,500 square foot ancillary banquet hall at 36 Auto Center Drive. C. That a public hearing was duly called, noticed and held for said application on June 7, 1999 by the City Council. D. That 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, evidenced by the following findings: a) The proposed facility, as conditioned, would not be detrimental to, or have a negative effect on, surrounding properties in that the proposed facility is located within a commercial business center where sufficient traffic capacity and parking is available. b) The proposed use, as conditioned, will not be detrimental to the health, safety, morals, comfort and general welfare of persons residing or working in the neighborhood in that all activities would take place within an enclosed building. Requests for outdoor events . would be considered on a case'by case basis and would be limited to four times a year (one per calendar quarter). c) All food and beverage services are provided by catering services and operate in accordance with the requirements of the applicable regulatory agency such as the Orange County Health Services and the State Department of Alcoholic Beverage Control. l0 20 2! 24 Resolution No. 99-45 Page 2 II. E, A Negative Declaration has been adopted for this project 'by the City Council in accordance with the provisions of the California Environmental Quality Act (CEQA). F, That approval of CUP 99-005 is contingent upon approval of Zone Change 99-002 by the City Council. The Tustin City Council hereby approves CUP 99-005 to establish an ancillary banquet facility at 36 Auto Center Drive, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 7"~ day of June, 1999. TRACY WILLS WORLEY Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RESOLUTION NO. 99-45 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and' foregoing Resolution No. 99-45 was duly and regularly introduced, passed,'and adopted at a regular meeting of the Tustin City Council, held on the 7th day of June, 1999. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk EXHIBIT A CONDITIONAL USE PERMIT 99-005 CONDITIONS OF APPROVAL RESOLUTION. NO. 99-45 (1) (1) GENERAL 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped June 7, 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 during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. 1.3 The subject project approval shall become null and void unless permits are issued within twelve (12) months of the date of this Exhibit and substantial construction 'is underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. 1.4 Approval of Conditional Use Permit 99-005 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. 1.5 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. 1.6 Approval of Conditional Use Permit is contingent upon approval by the CitY Council of Zone Change 99-002. 1.7 Amendments to Conditional Use Permit 99-005 may be considered and approved by the Planning Commission. (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 - Conditions of Approval Cup 99-005 Page 2 PLAN SUBMITTAL (5) 2.1 At the time of building ~ermit application, the plans shall comply with the latest adopted Uniform Building Code, other related codes, City Ordinances, and State and Federal laws and regulations. (1) 2.2 'If interior improvements are proposed, in compliance with the Uniform Building Code (Application for Permit), the applicant, designer, Architect or Engineer must submit construction drawings (building plans) to the Building Division for review and approval prior to the issuance of a building permit. USE RESTRICTIONS (2) 3.1 Parking spaces designated for the banquet facility in the approved parking analysis and site plan shall be unobstructed and available during all banquet events. 3.2 Banquet and assembly uses shall be associated with and accessory to the Auto Museum use. (2) 3.3 All banquet events are to be held within the enclosed building. No outdoor activity other than loading and unloading associated with catering services and valet parking is allowed, unless approved by Community Development Department. (5) 3.4 All regulations of the Uniform Building Code and the Fire Department regarding assembly occupancy classification, fire rating and exiting standards shall be met during all events. 3.5 No outdoor event or live entertainment is permitted unless otherwise approved by the Community Development Department. 3.6 Banquet events shall be held only on the ground level of the structure as designated on the approved Floor Plan. 3,7 A maximum of 369 persons may attend an event at the banquet facility based on the availability of 123 parking spaces available exclusively for banquet facility, unless otherwise approved by the Community Development Department. 3,8 Four times a year, the Community Development Director may approve a Temporary Use Permit for events that exceed the 369 person limit if sufficient parking is provided. Exhibit A - Conditions of Approval Cup 99-005 Page 3 (2) 3.9 If, at any time in the future, the City is made aware and concurs that a parking problem exists at the subject site as a result of insufficient on-site parking availability, then the Community Development and Public Works Departments may require the property owner to submit a revised parking demand analysis prepared by a California licensed traffic engineer and/or a civil engineer experienced in preparation of these documents, at no expense to the City, within the time schedule stipulated by the City. If said study indicates that there is inadequate parking, additional mitigation measures shall be provided subject to the review and approval of the Community Development and Public Works Departments. Said mitigation may include, but not to be limited to, the following: a. Reduce the demand for parking by a decrease in the number of event participants. b. Provide additional parking as 'needed, up to minimum number required for the use consistent with standard parking requirements by purchase and/or lease of property within 500 feet of the property or provision of the needed parking on site. The securing of off-site parking would require approval by the Community Development Director. FIRE DEPARTMENT (5) 4.1 Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the' OCFA for review and approval. This includes any alteration or addition to the sprinkler system. Prior to issuance of a Certificate of Occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. (5) 4.2 Plans for review and approval shall be submitted to the Fire Chief as indicated on the OCFA Plan Submittal Criteria form. Contact the Orange County Fire Authority at (714) 744-0403 for a copy of the Fire Safety Site/Architectural Notes to be placed on the plans prior to submittal. Occupancy separations will be required between the proposed A2.1 Occupancy and the existing occupancy. (5) 4.3 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. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. Exhibit A - Conditions of Approval Cup 99-005 Page 4 FEES Prior to issuance of any building permits, payment shall be made of all applicable building plan check, signs, design review and permit fees to the Community Development Department based upon the most current schedule. A. Building plan check and permit fees to the Community Development Department based on the most current schedule. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. (1) 5.2 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 could be significantly lengthened.