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HomeMy WebLinkAboutPC RES 3727 RESOLUTION NO. 3727 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 00-011 AUTHORIZING TEMPORARY OPERATION OF AN AUTO STORAGE FACILITY FOR NEW VEHICLES ONLY ON A VACANT PARCEL BETWEEN EL CAMINO REAL AND THE SANTA ANA FREEWAY (l-5) FOR SEVEN (7) YEARS. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 00-011 was filed by the Tustin Auto Center Association to request authorization to establish an auto storage facility for use of the Tustin Auto Center Association on a portion of Assessor's ParCel No. 500-291-03 between El Camino Real and Santa Ana Freeway (I-5). 2 B. Pursuant to East Tustin Specific Plan, temporary uses are subject to 3 provisions of the Tustin City Code, which requires approval of the Planning Commission for temporary uses of more than six (6) months. ]4 C. That the proposed use is consistent with the General Plan and East is Tustin Specific Plan in that the property is designated as "Planned ~6 Community Commercial/Business" and zoned "Planned Community Mixed Use' which allows for the establishment of all activities ~? permitted in the Community Commercial, Professional and Industrial land use designations such as auto dealerships and accessory storage lots. D. That a public headng was duly called, noticed and held on said 20 application on May 22, 2000 by the Planning Commission. 2] E. That the establishment, maintenance and operation of the proposed 22 auto storage will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of 23 the persons residing or working in the neighborhood of such proposed 24 use, nor be injurious or detrimental to the property. and improvements in the neighborhood of the subject property, or to the general welfare of :5 the City of Tustin, as evidenced by the following findings: 1) As conditioned, the proposed use will not be detrimental to 27 health, safety, morals, comfort and general welfare of the 2s persons residing in or working in the neighborhood in that: · The facility will be located in a relatively isolated area with little traffic that is adjacent to a flood control channel to the west and the '1-5 Freeway to the south. The proposed hours of operation (7:00 a.m. to 7:00 p.m.) are compatible with Resolution No. 3727 Page 2 3 surrounding regional commercial uses such as the service station and retail center located east and north of the site; 4 · The property would be maintained in a sanitary condition and 5 no auto service activities would be permitted; · The use will not generate significant levels of traffic above 6 typical levels associated with deliveries of vehicles to the Tustin Auto Center; and, 7 · Sufficient lighting and on-site security measures would be s provided. 9 2) As conditioned, the proposed use is compatible with uses in the ~0 surrounding area and will not be injurious or detrimental to property or improvements in the vicinity or to the welfare of the n City in that the nature, operation and scale of the office use is 22 compatible with surrounding regional commercial uses. ~s 3) The proposed temporary use would operate for seven (7) years and would not conflict with future development in the area. ]4 25 F. The Commission finds that the proposed use will not impair the orderly and harmonious development of the area, the present or future 26 developmenttherein, or the occupancy as a whole. ~,7 G. In conformancewith the California Environmental Quality Act (CEQA), a 2s Negative Declaration has been'adopted as adequate for the project. 29 H. That the project has been reviewed for consistency with the Air Quality 20 Sub-Element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-Element. II. The Planning Commission hereby approves Conditional Use Permit 00-011 to 22 operate an auto storage facility on the vacant property iocated between El :3 Camino Real and Santa Ana Freeway (I-5) for seven (7) years subject to the conditions contained in Exhibit A attached her°to. 24 25 PASSED AND ADOPTED by the Planning Commission of the City of Tustin~ at a 26 regular meeting on the 22nd day of May, 2000. 27 ~OZAK 28 Ac E'~dZABETHA. BIRS ;'~ ' ' Planning Commission Secretary Resolution No. 3727 Page 3 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 4 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. 3727 was duly passed and adopted at a regular meeting of the ? Tustin Planning Commission, held on the 22nd day of May, 2000. ELIZ~B H A. BII{I~AC~" n Planning Commission Secretary 13 14 16 ]8 20 22 23 24 25 27 EXHIBITA CONDITIONAL USE PERMIT 00-011 CONDITIONS OF APPROVAL RESOLUTION NO. 3727 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for tl~e project date stamped May 22, 2000, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans if such modifications are consistent with the provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified. the conditions contained in this Exhibit shall be complied with prior to tiqe issuance of any building permits for the project, subject to review and approval of the Community Development Department. (1) 1.3 Approval of Conditional Use Permit 00-011 is contingent upon the applicant and property owner s~gning and returning an "Agreement to Conditions mposed" form as established by the Director of Community Development. (1) 1.4 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. (1) 1.5 This Conditional Use Permit may be reviewed by the Director of Community Development within six (61 months after the date of this approval and at six (6) month intervals thereafter, or more frequently if necessary, to determine if the operations are conducted in accordance with this approval. If the Director of Community Development determines that the method of operation is inconsistent with any of the conditions of this approval or other applicable regulations, the applicant shall upon notice cease all violations. The Director of Community Development may also impose additional conditions or modifications to the existing conditions or facilities as part of such review to protect the public health, safety and general welfare. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLEAGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEVV (7) PC/CC POLICY *** EXCEPTIONS Exhibit A Resolution No. 3727 May 22, 2000 Page 2 (1) 1.6 As determined by a City Code Enforcement O~cer, any violation of any of the conditions imposed by this Resolution is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (11 ~1.7 The applicant shall be responsible for costs associated with any- necessary code enforcement action. USE RESTRICTIONS (*) 2.1 The project area and parking stalls shall be secured by fencing with access gates as shown on the plans. (*) 2.2 Uninterrupted access from Myford Road to the area west of the proiect site shall be provided to the Irvine CoreDany and to the flood control channel as shown on the plan. (*) 2.3 Concrete curbing shall be installed along the north side of the proposed driveway in accordance with the site plan. (*) 2.4 A minimum of one (1) foot-candle lighting for the parking area is required in accordance witl~ the City's Security Code. A lighting plan with the number and location of proposed. lighting and the minimum/maximum lighting level on the site shall be submitted for final approval of the Community Development Department. Typical street lighting standards should be selected to be consistent with the surroundings. (*) 2.5 Based on the number of service calls, the Police Chief and the Community Development Director may require a 24-hour security guard to be provided on site. If required, the location and specifications of a guard kiosk shall be submitted for approval by the Community Development Department. (*) 2.6 No transport vehicle storage (except autos), or vehicle washing is allowed within the auto storage facility. (*) 2.7 The use of hazardous materials shall be prohibited. No. vehicle maintenance or repair shall be performed in the storage facility. (*) 2.8 Priorto issuance of a grading permit, the applicant shall enter into a ground lease agreement with the City of Tustin subject to review and approval by the City Attorney and the City Council. (*) 2.9 The applicant shall remove all improvements upon expiration of the ground lease agreement. Exhibit A Resolution No. 3727 May 22, 2000 Page 3 (*) 2.10 No stacking of vehicles or transporters is permitted on Myford Road between El Camino Real and the first parking stall. (*) 2.11 The proposed main driveway access gate shall be constructed of decorative wrought iron. Details and specifications for the gate shall be submitted for review and approval of the Community Development Department. (1) 2.12 All deliveries, pick up and drop off operation shall take place between the hours of 7:00 a.m. and 7:00 p.m. Any changes to the hours of operation shall be submitted to the Community Development Department for review and approval. (1) 2:13 No parallel parking and or on-site parking other than designated areas for vehicles or transporters is permitted. (1) 2;14 The property shall be maintained in a Safe, clean and sanitary condition at all times. The applicant shall be responsible for daily collection of any trash or debris associated with the operation of the auto storage use. (1) 2.15 The site shall be used for the operation of an auto storage facility for new vehicles only. USed or pre-owed vehicles are prohibited from storage on site. BUILDING DIVISION (1) 3.1 Prior to issuance of a grading permit, the applicant shall submit seven (7) sets of excavating/final grading plans and two preliminary soils reports to the Building DivisiOn for review and approval. (1) 3.2 Pdor to issuance of a grading permit, the engineer of record shall submit a final compaction report to the Building Division for review and approval. (1) 3.3 All construction activity shall comply with the requirements of the City of Tustin Grading Manual, which requires frequent watering of the project site for dust control. (1) 3.4 Construction and operation of the proposed auto storage facility shall comply with the requirements of the iSouth Coast Air Quality Management District. (1) 3.5 To address water quality issues, a Water Quality Management Plan shall be submitted in conjunction with plan check: The plan shall identify best management practices to ensure that any run-off is captured and treated. Exhibit A Resolution No. 3727 May 22, 2000 Page 4 (1) 3.6 Prior to issuance of a grading permit, the proposed plans will be submitted to the Orange County Flood Control District for approval and compliance with City's National Pollution Discharge Elimination System City-Wide Permit. There shall be no direct discharge to the Flood Control Channel. The site shall be designed with curb and gutter along the flood control channel that would direct runoff form the site to the storm drains. (1) 3.7 All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. (1) 3.8 Preliminary technical details and plans for utility installations including water and electricity shall be submitted for review and approval of the Building Official. (1) 3.9 A final grading and specifications prepared by a Registered Civil Engineer consistent with the site plan shall be submitted to the Community Development Department for review and approval. (1) 3.10 All pavement "R" values shall be reviewed and approved by the Community Development Department. (1) 3.11 The applicant shalJ comply with all City policies regarding short term construction emissions, including periodic watering of the site and prohibition of grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. (1) 3.12 A surety/cash bond will be required to assure work is completed in accordance with approved plans. Bonds would be based upon the estimated cost of the grading, drainage, and erosion control prior to the issuance of a grading permit. (1) 3.13 At time of plan check, and prior to issuance of a grading permit, the applicant shall submit specifications to the City regarding the water disposal in accordance with the state and federal standards of the Clean Water Act. PUBLIC WORKS DEPARTMENT (*) 4.1 Sufficient protection of the drop inlet shall be provided to satisfaction of the Public Works Department. There shall be no parking over the existing Exhibit A Resolution No. 3727 May 22. 2000 Page 5 CMP drop inlet at the southerly end of the site unless improvements to adjust/reconstruct the drop inlet to finished grade are completed. (*) 4.2 The collection, conveyance and discharge of the surface run-off shall be subject to approval by the City of Tustin Engineering Division and the Orange County Flood Control District. Drainage improvements shall consist of, but not limited to inlets and underground storm drain system and connection to the existing storm drain system. (*) 4.3 Adequate erosion control shall be provided between the paved "Hammer Head" turn around and the proposed retaining curb and gutter for all areas where Section C-C on the site plan is apls licable. (1) 4.4 Provide a separate 24"x36~ street improvement plan, as prepared by a California Registered Civil Engineer for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to the following: a) Curb and gutter b) Street light c) CatCh basin/storm drain laterals/connection to existing storm drain systems In addition, a 24~x36'' reproducible construction traffic area control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation is required. (1) 4.5 A complete hydrology study and hydraulic calculations shal] be submitted for review and approval of the City. (1) 4.6 A sedimentation and erosion control plan for all work related to this development shall be prepared and submitted. (1') 4.7 Prepare and submit a final grading plan showing all pertinent elevations as they pertain to public right-of-way along with delineating the following information: a) Final street elevations at key locations. b) Final pad/finished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. c) All flood hazards of record. Exhibit A Resolution No. 3727 May 22, 2000 Page 6 POLICE DEPARTMENT (1) 5.1 A knox box shall be provided at the security gate for emergency vehicle access in compliance with the requirements of the Police Department. (*) 5.2 Sufficient unobstructed access to the rear of the Tustin Market Place shall be provided as shown on the site plan. ORANGE COUNTY FIRE AUTHORITY Fire Hydrants: (5) 6.1 Prior to issuance of a building permit, the applicant shall submit to the Fire Chief eviaence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of a building permit. The applicant shall make provisions for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. The fire hydrants shown on the submittal appears to be on a private access providing protection to the shopping center. Unobstructed access should be provided to the fire hydrants. Item #2 of the general notes shall clarify the number and access arrangementto all fire hydrants. (5) 6.2 Prior to issuance of any certificate of use and occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street or drive per the Orange County Fire Authority Standard as approved by the Fire Chief, These markers are to be maintained in good condition by the property owner. Fire Access Roads: (5) 6.3 Prior to issuance of any grading permits, the applicant shall submit and obtain approval of plans for all roads, street and courts, public or private, for approval from the Fire Chief in consultation with the Manager, Subdivision and Grading Services. The plans shall include the plan view, sectional view, and indicate the grade and width of the street or court measured flow line to flow line. All proposed fore apparatus tumarounds shall be approved by the Fire Chief and if needed, clearly marked when a dead-end street exceeds 150 feet or when otherwise required. Applicable documents, shall contain provisions which prohibit obstructions such as speed bumps/humps, control gates or other modifications within said easement or access road unless prior approval of the Fire Chief is granted. Exhibit A Resolution No, 3727 May 22, 2000 Page 7 Street Markings: (5) 6.4 Prior to the issuance of a grading permit, the applicant shall submit plans and obtain approval from the Fire Chief for the fire lanes on required fire . access roads less than 36 feet in width. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. (5) 6,5 Prior to the issuance of any certificate of use and or operation, the fire lanes shall be installed ~ accordance with the approved fire lane plan. The approved documents, shall contain a fire lane map and provisions which prohibit parking in the fire lanes. The method of enforcement shall be documented. Access Gate (5) 6.6 Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire Chiefs approva~ for the construction of any gate across required fire authority access roads/drives. Contact the Orange County Fire Authority at (714) 744-0499 for a copy of the "Guidelines for Fire Authority EmergencyAccess." FEES (1) 7.1 Prior to issuance of any permits, the applicant shall pay the following fees. Payment will be required based upon the rate in effect at the time of permit issuance and are subject to change. a. All applicable Building plan check and permit fees shall be paid to the Community Development Department. b. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. c. New development tax in the amount of $0.10 per square foot of gross floor area. d. Within forty-eight (48) hours of project approval, 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- Exhibit A Resolution No. 3727 May 22, 2000 Page 8 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.