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HomeMy WebLinkAbout05 CUP 96-033 APPEAL 02-18-97NO. 5 2-18-97 DATE: FEBRUARY 18,1997 Inter-Com TO' FROM' SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT APPEAL OF CONDITIONAL USE PERMIT 96-033 (PACIFIC AUTO PARTS) SUMMARY: Conditional Use Permit 96-033 is a request to authorize the outside storage of three (3) military vehicles and two (2) metal storage containers located at 125 West Main Street, in the Central Commercial zoning district. The project was approved by the Planning Commission on January 13, 199Z At the January 20, 1997 City Council meeting, the Council appealed the Commission's decisior~ Applicant: Vince O'Conner, Pacific Auto Parts Owner: Sara Barnett RECOMMENDATION That the City Council take action as it deems appropriate. FISCAL IMPACT Application fees for the project were waived in accordance with the City Council's fee waiver policy for projects located within the Old Town area. ENVmONMENTAL This project is Categorically Exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Action. BACKGROUND On November 12, 1996, the Planning Commission held a public hearing and provided direction to staff on a desired course of action on the request to allow three military vehicles and two storage containers to be stored on the property. The item was continued to the November 25, 1996 meeting to enable staffto prepare the appropriate Resolution based upon the direction provided by the Commissiom The Planning Commission reviewed the Resolution on November 25, 1996, and continued the item to January 13, 1997 at which time the Planning Commission made minor modifications to the conditions of approval and approved the project. Attachment C is Planning Commission Resolution No. 3495. Attachment D includes the minutes from the three Planning Commission heatings on this iter~ At the January 20, 1997 City Council meeting, Appeal of CLIP 96-033 February 18, 1997 Page 2 the Council appealed the Planning Commission's decision indicating that they wished to review the conditions of approval imposed by the Planning Comnfission. DISCUSSION Site and Surrounding Properties The site is developed with a 6,200 square foot building located in the southwest comer of the site adjacent to Main Street. (Attachment B) A parking area is located on the east side ofthe property with access to Main Street. There is a 12 foot wide access driveway from Main Street on the west side of the building which provides access to an open rear yard area presently used for outdoor storage. An existing six foot high chain link fence with a sliding gate is located in the front parking area approximately 20 feet from Main Street. Two parking spaces are located between Main Street and the fence. Five pm'king spaces are located between the fence and the military vehicles. The applicant has indicated that the fence is open during business hours to ensure that parking is available for customers and closed in the evenings to provide security. Surrounding uses include an office building and the McCharles House restaurant to the west, retail uses to the north and east, and retail and office uses to the south across Main Street. Project Description The applicant requested authorization to allow the outdoor storage of three (3) military vehicles and two (2) metal storage containers. The three ,military vehicles are currently stored at the north end of the parking lot facing Main Street. The tenant has indicated that these vehicles are associated with his commercial use in that the business services and restores various military vehicles. One metal storage container (8 feet wide x 32 feet long) is located in the northwest comer of the parking area adjacent to the military vehicles. A second metal storage container (8 feet wide x 20 feet long) is proposed to be located in the northeast comer of the rear yard area. It is the owner's intent to use the proposed container for the materials and supplies currently stored outside in the rear yard area. The plan also shows three (3) parking spaces to be provided in the rear yard. Restrictions are traditionally placed on outdoor storage areas to ensure they are effectively screened fi'om view of adjacent parcels and public streets. The development standards of the Retail Commercial District (C-l) prohibits outside storage or work areas and requires a permanent parking space for commercial vehicles associated with the business (TCC Section 9232c). Webster's Dictionary defines vehicle as "a device, as a piece of mechanized equipment, for transporting goods, passengers or equipment." The military vehicles are considered vehicles. The military vehicles and container currently located within the front parking area are easily visible from Main Street and passing pedestrians. The rear yard can be readily viewed by customers within the surrounding parking lots and has limited visibility from "C" and Third Streets. The proposed metal storage containers are intended to enclose materials and supplies which would otherwise be stored outside and visible to the public. Appeal of CUP 96-033 Februa .ry 18, 1997 Page 3 Issues In considering this request, the following are issues the Planning Commission considered in its deliberations on this project: · The visual impacts of the military vehicles; · How or if the military vehicles should be maintained on-site; · The number of vehicles that may be permitted on-site; The impacts related to the presence and potential safety of the military vehicles; The possibility of the military vehicles being operated by unauthorized persons; · The limited access to customer parking; and, · The visual impact of the storage containers. There were several alternatives that the Commission evaluated during consideration of this request which are outlined below. Alternative A: Altemative A would allow three (3) military vehicles and one (1) storage bin within the front parking lot area one (1) storage bin within the rear yard. Approval of this alternative would permit the three (3) vehicles and the metal storage bin to remain in the front, provided there is adequate parking, screening and turning area within the parking lot. Alternative B: Altemative B would allow one (1) mih'tary vehicle and one (1) bin, stored within the front parking lot, and one (1) storage bin in the rear lot area. This altemative would have required the vehicle to be located within a parking space. Alternative C: Alternative C would prOhibit any storage of the military vehicles within the parking lot area. One (1) storage bin could remain in the front yard and an additional bin could be located in the rear yard area, to eliminate the non- screened outside storage area in the rear yard. After due consideration of the alternatives, the potential impacts, and the findings required by law, the Commission selected Alternative A, subject t° the following site specific conditions listed below. The entire list of conditions is included in Attachment C. A maximum of three (3) military vehicles were approved to be stored outside the building, and the vehicles must be parked within marked parking spaces. All on-site parking spaces shall be clearly stripped. A parking lot striping plan shall be submitted to the Community Development Department for review and approval. Appeal of CUP 964)33 February 18, 1997 Page 4 Pem~anent cement wheel stops shall be installed witlfin 30 days fi'om the approval date, between the vehicles and the buildings to the north and east to prevent the possibility of the military vehicles hitting the buildings. Safety mechanisms shall be installed and maintained in the vehicles to restrict operation by unauthorized persons, subject to the satisfaction of the Police Department. A safety mechanism plan shall be submitted for review and approval within 30 days. A sign shall be maintained on or near the existing rolling metal gate to clarify that public par'king is permitted within the gated area. The rear yard shall be cleaned and cleared of outdoor storage of materials and supplies within 60 days fi.om the date of this approval. If a storage bin is installed in this location, it shall be painted to match the building and all materials shall be comained within the bin. During the public heating seven (7) people spoke in favor of the request, citing that the use is compatible with the Old Town character and the military vehicles help idemify the auto parts business. There was no opposing testimony. The City Council has the discretion to approve the request as proposed and conditioned, or require the applicant to store the military.vehicles inside the building, outside the building with screening, or off- site. The Council also has the authority to limit the number of vehicles stored on-site if the vehicles are stored outside of the structure. The options available to the City Council include: · Adopt Resolution No. 97-12 upholding the Planning Commission's decision; · Modify the conditions of approval to alter the project design; or, Sara'J. ~/ashalides Associate Planner Direct staffto prepare a resolution denying the request. Community Development Director SJP:br:cup96033 Attachments: A - Location Map B - Submitted Plan C - Planning Commission Resolution No. 3495 D - Planning Commission Minutes of November 12 and 25, 1996 and January 13, 1997 E - City Council Resolution No. 97-12 ATTACHMENT A LOCATION MAP LOCATION MAP / / / PROJECt SITE 200 SENIOR CENTER ~00 ADI,~IN. ~ BLDG. 185 SECON SL THIRD 315 ~ ~o~--- 445 SECOND ST. ~0s - ;oF ~ 215--I7: ~ nuJ o- 245 ' '~ ~ M IN 421 _ 441-4.1 ' 445-47 44,9-51 J. 215 STREET' 0 0 O0 NO SCALE ATTACHMENT B SUBMITTED PLANS ! .o ATTACHMENT C PLANNING COMMISSION RESOLUTION NO. 3495 1 RESOLUTION NO. 3495 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 96-033, AUTHORIZING THREE MILITARY VEHICLES AND TWO METAL STORAGE CONTAINERS TO BE LOCATED OUTSIDE THE BUILDING AT 125 WEST MAIN STREET. The Planning Commission of the City of Tustin does hereby resolve as follows: 10 11 I . The Planning Commission finds and determines as follows: · A. A proper application, Conditional Use Permit 96-033, has been filed by Vince O'Connor requesting authorization to permit the outside storage of three (3) military vehicles and two (2) metal storage containers located at 125 West Main Street. 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 o C. D . A public hearing was duly called, noticed and held for said application on November 12, 1996 by the Planning Commission, and continued to November 25, 1996 and January t3, 1997. The property is located in the Central Commercial - Parking and Cultural Resource Overlay (C2 - P & CR) Zoning Districts. The use applied for is a conditionally permitted use in the Central Commercial (C-2) District. That the establishment, maintenanCe, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, as evidenced by the following findings: o It is appropriate for the military vehicles to be stored on the site since they are associated with the existing commercial use in that the business services and restores various military vehicles. The vehicles provide advertising and easy identification of the business and assist in promoting the use. 10 11 12 13 14 15 16 17 18 19 2O 21 22 ~23 24 25 26 27 28 Resolution No. 3495 Page 2 o o o The proposed project, as conditioned, can be accommodated on the subject site in that there is adequate parking and turn- around area in the parking lot and the rear yard to maintain the vehicles and containers. As conditioned, the proposed use is compatible with surrounding uses-in the vicinity in .that the vehicles will be parked within marked parking spaces and the containers will be painted to match the buildings. As conditioned, the proposed use will not negatively impact surrounding uses in that wheel stops and safety devices will be installed to prevent operation by unauthorized persons. m o This project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Sections 15301 (Class 1). II. The Planning Commission hereby approves Conditional Use Permit 96-033 authorizing the outside storage of three (3) military vehicles and two (2) metal storage containers located at 125 West Main Street, Tustin, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 13th day of January, 1997. LOU BONE Chairman BARBARA RE~ Secretary Resolution No. 3495 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3495 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of January, 1997. 10 11 12 13 BARBARA REYES d Recording Secretary 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 EXHIBIT A RESOLUTION NO. 3495 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 96-033 GENERAL (1) 1.1 The proposed project shall substantially conform to submitted plans date stamped January 13, 1997 on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to the plans if such modifications are consistent with the provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless the following items are submitted and installed within the required time frames: 1) prepare a safety. mechanism plan; 2) install a parking lot sign; 3) install permanent cement wheel stops in the parking lot; and 4) clear the rear yard of materials and supplies. (1) 1.4 Approval of Conditional Use Permit 96-033 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge to the City's approval of this project. USE RESTRICTIONS (4) 2.1 Safety mechanisms shall be installed and maintained within the military vehicles to prevent their operation by unauthorized persons, to the satisfaction of the Police Department. A safety mechanism plan shall be submitted for review and approval within 30 days of this approval. SOURCE CODES (1) STANDARD CONDITIONS (2) PLANNING COMMISSION POLICY (3) MUNICIPAL .CODE (4) RESPONSIBLE AGENCY REQUIREMENT (***) EXCEPTION Exhibit A Resolution No. 3495 Page 2 (4) 2.2 A sign shall be maintained on or near the existing rolling metal gate within the parking lot to clarify that the public is permitted to park within the gated area. Said sign shall be installed within 30 days of this approval. (4) 2.3 The parking spaces shall be clearly striped. If vehicles are to be stored in the rear yard, the parking spaces shall be striped. Cement wheel stops shall be installed adjacent to and north of any permitted military vehicles to prevent them from bumping into the adjacent buildings. A parking lot striping plan shall be submitted to the Community Development Department for review and approval within 30 days of project approval. (4) 2,4 The rear yard shall be cleaned and cleared of outdoor storage of materials and supplies within 60 days from the date of this approval. If a storage bin is installed in this location, it shall be painted to match the building and all materials shall be contained within the bin. (4) 2.5 A maximum of three (3) military vehicles may be permitted to be stored outside the building at any one time. Said vehicles shall be Parked within marked parking spaces. PLAN SUBMITTAL (1) 3ol At building permit plan check, submit three (3) complete sets of site improvement plans. Requirements.of the Uniform Building Code shall be complied with as approved by the Building Official. Ail construction shall be in accordance with the 1991 UBC, applicable City Codes and the City's Security Code. No field changes shall be made without corrections submitted to and approved by the Community Development Department. FEES (1) 4.1 Within forty-eight (483 hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, .the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. ATTACHMENT D PLANNING COMMISSION MEETING MINUTES NOVEMBER 12, 1996 NOVEMBER 25, 1996 AND JANUARY 13, 1997 Planning Commission Minutes Novenioer 12, 1996 Page 3 Commissioner VandaveeK inquired if Condition 2.3 is usually required of a restaurant tenant. Sara Pasha!ides responded that Condition 2.3 is a standard condition for ;ABC licenses related to restaurant uses. Commissioner Vandaveer asked why the tenant has to prepare the food on premises. - ~ Sara Pashalides noted that within Planning Commission Resolution No. 3366, which is the Alcoholic Beverage Sales Establishments Guidelines, Subsection B identifies that the menu Of the restaurant shall consist of foods that are prepared on the premises. Eduardo Leq, applicant, stated that Wahoo's is looking forward to doing business in Tustin. Commissioner Pontious inauired where the other Wahoo's locations were. Eduardo Lee stated that there are restaurants in Huntington Beach, Laguna Beach, two in Costa Mesa, one in Lake Forest, and one in Denver which opened several months ago. Chairman Bone closed the Public Hearing at'7:16 p.m. Con~nissioner Kozak moved, Pontious seconde~[, to approve Conditional Use Permit 96-025 by adopting Resolution No. 3494. Motion carried ~-0. Conunissioner Mitzman was absent for this vote. I.Conditional Use Permit 96-033/Amendment to Use Permit 69-~1 APPLICANT: SAR3k BARNETT 14031 UTT DRIVE TUSTIN, CA 92780 TENANT: PACIFIC AUTO PARTS 125 WEST FAIN STREET TUSTIN, CA 92780 LOCATION: 125 WEST MAIN STREET ZONING: CENTRAL COMMERCIAL - PA~RKING AND CULTURAL RESOURCE ENVIRONMENTAL OVERLAY DISTRICTS (C2 - P & CR) STATUS: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLy EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: AUTHORIZATION TO PERMIT OUTDOOR STORAGE OF TWO METAL STORAGE CONTAINERS AND THREE MILITARY VEHICLES. Recommendation - That the Planning' Commission: 1. Conduct a public hearing; 2 Provide direction on the alternative courses of action; and, 3. Continue the matter to the November 25, 1996 meeting to allow staff to prepare the appropriate Resolution based upon the direction provided by the Commission. Chairman Bone opened the Public Hearing at 7:17 p.m. Presentation: Sara Pashalides, Associate Planner Pianninu Commission -- November 12, 1996 Pa~e 4 Commissioner Vandaveer abstained noting he has property within 300 feet of the project. The Director noted that the Planning Commission may not have the ability to preclude the vehicles from being stored on the property via the Conditional Use Permit process. The question is whether or not they should be stored' in the interior or the exterior. If stored on the exterior, the Commission should determine how many and how the vehicles should be stored. The vehicles could be stored inside of a structure on-site. However, if the Uniform Buildin9 Code precluded inside storage, the applicant may be recuired to construct fire rated walls or other building improvements to provide division between the various occupancies. Staff has not studied that issue because this alternative was not proposed or desired by the applicant. Commissioner Kozak asked why the item was being ~resented to the Commission without a staff recommendation. The Director stated that the code is not clear as to whether or not this is considered outdoor storage. The vehicles are not licensed and the bins are no~ considered structures under the Uniform Building Code. The Commission should make a determination as to whether or not the location of these military vehicles is ancillary to the use and if in is appropriate for them to be stored outside. Staff wanted to provide the Commission with as many options as possible. Commissioner Pontious asked why the mi!itary vehicles could not be stored in the back parking area along with the other bin. Sara Pashalides noted that ~ccess could be difficult because there is an existing building on the east side of the access drive and a masonry wall on the west side. The Director noted that the adjacent property owners may have concerns about what they would be viewing. The applicant advertises the tanks in association with his business and appreciates the visibility from Main Street. Commissioner Bone noted that he viewed the location and spoke to Vince Conner, the owner of Pacific Auto Parts. He inquired if there was approval for the bin located on the east side of the building. The Director stated that these bins are not regulated by the Uniform Building Code and are not specifically addressed in the zoning regulations. Commissioner Bone noted that there were no "No Parking" signs at the rear gate and there was a truck parked in the middle of the City-owned alley. He would like to see the police patrol the area and ticket vehicles ~or this violation ~ · Sara Barnett, applicant, 14031 Utt Drive, stated that Mr. Conner did ask if he could move the storage container on-site and had requested a permit. She stated that staff told him a permit was not necessary. She also noted that there have been military vehicles at this location before Mr. Conner had the tanks on site and one tank with the large gun turret has been on-site for six years. She did not know why the tanks have become an issue. Commissioner Bone incuired about the length of time a van has been parked at the site and whether it would be moved. Planning Commission Minutes November i2, 1996 Page'5 Sara Barnet~ stated she planned to move the van, and noted that the trailer in the back is registered and is for sale. C_ommissioner Bonp noted the negative appearance due to the junk and debris located a~ the rear of the site. Sara Barnet~ agreed that the back area needed to be cleaned. Commissioner Bon~ asked the age of the three military vehicles. L_isa ConneK, manager of Pacific Auto Parts, noted that the smaller tank was built in 1947, the large black tank with wheels was built in 1973, and the other large tank was built in 1941. Sara Barnett was concerned about the requirement to install metal bol - lards against the property to the north ~ that cemen~ buffers are next t ~ ._ and ~ast. She s=a~ed to ~nstall ceme ~ ~,~ ..... tfhe b~ldlng and she would be haomv parked, n ...... ~ on nne other side where the tanks Commissioner Bone indicated that cement buffers would be sufficient. Sara Barne~L referred to Condition ~% a~%%i~n mecnanlsms. She noted that the small tan he~ b ~= safety P -nnot be entered. The large tank cannot be entered if the turret is turned the opposite way. ~ommissioner Bon~ inquired if there were locks on the tanks. Sara BarnetL answered affirmatively. She noted that a key is required to start them. Vince Conner has other safety mechanisms he does not want publicly disclosed. ~ara Barnett noted the request for a existin~ ro~l~ ......... sign to be placed on the = .... ~ ,,,=ual gate within the parking area. She stated that there is no problem with parking. Sara Barnet~ referred to the parking lot being resurfaced. She stated that the parking lot is in good condition but she would be willing to restripe the lot. ' Sara Barnett noted that the rear of the property will be cleaned. She stated'~nly one bin would be needed to store the materials currently stored in the rear. · The Directo~ noted that a building permit, is not required for those storage bins. There is a distinction between the building perm%tting process and the planning permitting process. The bin requires the Planning Commission's consideration because it was placed in an approved parking lot area for the original Pacific Auto Parts and was not considered as part of the original use permit.' This matter is coming to light at this point because there have been complaints regarding the storage of the vehicles and the bin on site. There was also concern related to safety of the storage of the vehicles on site. She stated that the Commission must make findings to approve or deny the request. The Commission can require these conditions as part of their discretionary review. If the Commission does not feel they can make the findings to support these conditions she suggested that they either be deleted or modified. ' . ~.anninc Commission November 12, !996 Page 6 Dewayne Oaelvie, 3952 Capri Ave., Irvine, employee of Pacific Auto Parts, spoke in favor of the project and stated that in the last three years, while delivering parts no one has ever said anything negative about the tanks. The tanks are a source of pride. Arnold Surfas, owner of Surfas Furriers, 365 E1 Camino Real, spoke in favor of the project and stated he finds the military tanks to be positive for the area and are needed in the downtown because they are unique to the area. He stated that parking is no~ a problem, the military vehicles are parked far enough to the rear of the lot, the containers are on private property, and the request should be approved. Ernie Chinq, attorney, 210 W. Main Street, spoke in favor of the project and stated that the tanks bring a sense of community to the Old Town area. He stated that putting up a barrier to shield the tanks would be a tragedy. Douclas Earle, 1414 N. Huron, owner 6f Wooden Indian Barber Shop, stated that in the six years that the tanks have been there, they have been a great conversation piece. He has only heard positive comments and hopes the tanks will continue to be visible. Robert Grey, 13851 Eton Place, Santa bna spoke in favor' of the projec~ and stated he does not think there should be a concern about 5he tanks and indicated the project should be approved. Commissioner Bone stated that the military vehicles are good for the downtown area and will complement the City's upcoming 70th birthday. He stated: Alternative A should be retained but modified; the storage containers should be painted the same as the building; cement bumpers should be installed to prohibit the military vehicles from running into the building; the wall signs are sufficient; the placement of a screen on the front of the fence should not be required; safety mechanisms should be required; no more than three vehicles should be parked on the lot at any one time; and, the rear yard area should be cleaned. Commissioner Pontious stated that the applicant should work out safety mechanism issues with the Police Department. Commissioner Kozak stated that he agreeS with the other Commissioner's comments and would like to see the bin next to the military vehicles moved to the rear of the property. Lisa Conner stated that the bin in the front next to the vehicles contains auto parts and it is imperative that the bin stay where it is until arrangements can be made with Mrs. Barnett to move their operation indoors. Sara Barnett stated the bin that is along the side will not fit in the back. She agreed that the back needs to be cleaned. The Director reiterated the Commission's desired action and related conditions and recommended that the item be continued. She indicated staff would work with the applicant and property owner to develop a resolution for consideration at the next 'Planning Commission meeting. She stated that parking in the alley to the north can be addressed independently of this Conditional Use Permit. The Public Hearing closed at 8:10 p.m. Planning Commission = ...... e Xovember 12, 1996 Page 7 Comznissioner~.ved Mi.tzman seconded, to conti · _te°s_t~hf~.Noven?er 25, 1996 meeting and directed staff Lt%ul-t~e item IJ ~ ~-u~_lon cz approval for Conditional Use Perm~ o~ .... .~repa~re a ~ ~o use Fer/nit 69-300. Motion carried 4-0. Co~s~'~~/~unencunent 5. Conditional Use Permit 96-035. APPLI CA2~T: PROPERTY O~q~'ER: DINA LEE 12262 NEWPORT AVERSE SANTA ~NA, CA 92705 ROLF ENGEN 950 W. PACIFIC COAST HiGh<Ay NEWPORT BEACH, CA 92663 LOCATION: 1021 IRVINE BOULEVARD ZONING: RETAIL COMMERCIAL DISTRICT (C-l) Eh~iRONMENTAL STATUS: THIS PROJECT b~S BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA EA~IRO~E5~AL QUALITY ACT. REQUEST: TO ESTABLISH A FORTUNE TELLING USE IN ~' EXISTING BUILDING Recommend~nioQ - That the Planning Commission adoD% Resolution No 3496 approving Conditional Use Permit 96-035. ' Chairman Bone opened the Public Hearing at 8:12 p.m. Presentation: Karen S. Peterson, Assistant Planner Daniel Fox introduced Karen Peterson to the Commission. Eommissioner Pontious asked if it was necessary to continue the hearing, or if a condition could be added to insure the property owner's authorization is received. Lois Bobak noted that a use is being established for the site; therefore, procedurally it would be better to have all of the necessary elements of a proper application in place and to have the consent of the property owner before the Commission takes action on the project. She stated that the Commission should invite members of the public to offer comments at this point if they are not able to return for the continued public hearing. ~ommissioner Vandaveer asked if the Tustin Brewing Company was considered a tavern. Daniel Fo~ stated that the Tustin Brewing Company is licensed as a restaurant. Richard W. Raynor attorney for applicant, noted that fortune telling businesse~ have been the subject of discrimination. He stated the property owner has no problem with the use and has given approval. He asked that Condition No. 1.2 be modified to read that if written consent is not received, by the City Council hearing date, the .use would be denied. ]'~anning Commission Minutes November 25, 1996 ,~ Pace 2 3. Conditional Use Permit 96-033/Amendment to Conditiona Permit 69-300 (Continued from Planning Commission Meeting of November 12, 1996) APPLICANT: TENANT: SARA BARNETT 14031 UTT DRIVE TUSTIN, CA 92780 PACIFIC AUTO PARTS 125 WEST MAIN STREET TUSTIN, CA 92780 LOCATION: 125 WEST MAIN STREET ZONING: CENTRAL COMMERCIAL - PARKING AND CULTURAL RESOURCE OVERLAY DISTRICTS (C2 - P & CR) ENVIRONMENTAL STATUS: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRON~ENTALQUALITY ACT. REQUEST: AUTHORIZATION TO PERMIT TWO (2) METAL STORAGE CONTAINERS AND THREE (3) MILITARY VEHICLES. R%commendation - That the Planning Commission adopt Resolution No. 3495 approving Conditional Use Permit 96-033. Presentatioh:.7. Sarh~P~shai~d~s,-k~6c~'~i~nne~ ... Commissioner Vandaveer excused himself due to a conflict of interest. The Public Hearing opened at 7:06 p.m. Sara Barnetq., the applicant, stated she had'a problem with the wording of Condition 1.5. She does not want the legal responsibility of defending the City of Tustin if a lawsuit is filed challenging the application approval~ Her concern is that she will be held responsible for things she has no control over. Lois Bobak, Deputy City Attorney, stated that the condition is not intended to have the owner or tenant defend or indemnify the City in the case of a lawsuit brought by someone who is injured as a result of the approval, only for the entitlement process. Sara Barnett, stated she understands what the Deputy Attorney has said but has consulted her own attorney and is concerned since she is not able to control the entitlement process, including the legal notification of persons within the 300 foot radius. It Was the consenshs of the Commission that the item be continued to allow Mrs. Barnett time to consult with a land use attorney specializing in this type of law. Co~missioner Mitzman moved, Pontious seconded..to continue this itenn to the January 13, 1997 Planning Conunission meeting. Motion ried 4-0. Commissioner Vandaveer abstained. ................... APPLICANT: DINA LEE 12262 NEWPORT AVENUE SANTA ANA, CA 92705 PROPERTY SAUL STEVENS OWNER: 4709 HtLLSBORO CIRCLE SANTA'ROSA, CA LOCATION: 1021 IRVINE BOULEVARD ZONING: RETAIL COMMERCIAL DISTRICT (C-l) E~IRONMENTAL THIS PROJECT b~S BEEN DETERMINED TO BE STATUS: CATEGORICALLY EXEMPT (CLASS I) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFOR/~IA ENVIROnmENTAL QUAL%TY ACT. REQUEST: TO ESTABLISH A FORTUNE TELLING USE IN AN EXISTING BUILDING Conditional Use Pe~-wn±t 96-03B/Amendment To Conditional Usc Permit 89-300 (Continued .~rom P!annino Commission Meetino of- 2Z-25-96) -, S~P~. BAPdgETT 14031LWT DRIVE TUSTiN, ON 92780 TENA2CF: PACiFiC AUTO P~ETS !25 WEST YPAiN STREET ~JSTiN, CA 92780 ~0._-.: zON: i25 WEST M~.IN STREET ZONING: CEh~RA~ CO.~4ERCi~ _ PARKING AND CULTURA~ RESOURCE O\~PJLAY DISTRICTS (C2 - P & CR) EI~~iRO~4Tak~AL ~qi S PROJECT I S CATEGORI CA~LY EXEMPT (CLASS 1 ) PURS UA~ TO SECTi ON 15 3 01 OF THE C-m~I FO.~ I A E~WiRONMENTAL QUALITY ACT. REQUEST: AUTHORiZATiON TO PEP~MIT ~WO (2) METAL STORAG~ ......... ~ ~_ND THEE (3) MILITARY VEHICLES. ~ecommendatio~ - That the ?lannin~ Commission adopt Resolutio~ No. 3495 ap~rovino Conditional Use Permit 96-033. ' Presentat~°n~'Sara ~asha!ides, Associate Planner ..~. ?he ?~b!ic Hearlnc opened -~ 7:02 ~.m - ~om .... ssioner Vandaveer abstained due to conflict of interest. Sa~a Fasha!i'des re~or:e~ :hat Sara Barnett recuested that her au:norltv a= -pp!ican5 be granted %o the tenans, Pacific Au%o P-r%_. Pacific Au%o Par%s amreed ~o ~his; therefore this action necessisased -=-~=: - , --~.--=ons %o Re~oiu~ion No. 3495. Lisa O'Connor, represen~inc the aDD!icant indicated that she was present Du5 had nothing 5o present to the Commission. Commissioner Kozak stated his concern with the bin in the front of ~he building and With the surety of the safety mechanics in the mi!iua_~.,, vehicles remaining in the vehicles. 7he Director stated that ~he Condition could be modi{ied to require ~ha~ [he safety mechanisms be installed and maintained. L__isa O'Connor stated tha~ she needs 5he bin in ~he front of the bui2d=~c now for cuick access -o -he parts She sta~ed that it is net ~--=~-ion ~o have %he bin removed just as soon as possible. ?he Pub!~c Hearing closed a~ 7:!0 p.m. Commissioner Pontious moved Mitzman seconded to adopt Resolution No. 3495 approving Conditional Use Permit 96-033 revised as follows: Page !, Section I,A shall read, "A proper application, Conditional Use Pel-mit 96-033, has been filed by Vince O'Connor, requesting authorization to per~uit' the outside storage of three (3) military vehicles and two (2) metal storage containers located at 125 West Main Street.,, Exhibit A, Condition 1.4, shall read, "Approval of Conditional Use Permit 96-003 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" fol-m as established by the Director of Community Development.,, Condition 1.5 shall read, "The applicant shall hold ha-~niess and defend the City of Tustin from all claims and liabilities arising out of a chal!en~e to the City's approval of this project.- The first sentence of Condition 2.1 shall read, "Safety mechanisms shall be installed and maintained within the Lmilita_--y vehicles to prevent their operation by u~,authorized persons, to the satisfaction of the Police De a~ ' ~/ Motion carried ~_n ~ .... p -tment - ~- =uuun~ssloner Vandaveer abstained. '' ~t!ona! Use Perm~ ........ APPEL-.--'-2CT: S-q&~ON F&u&G= NANCY D. ?J~U&GE, G.R. PJ<U&GE JR. ~_ND G.R. RAJZ&GE, i~i ' WOODCREST AParTMENTS 12501 NEWPORT AVEA~jE TUST!N, CA 92780 APPLiC~g?: ATTACHMENT E CITY COUNCIL RESOLUTION NO. 97-12 1 RESOLUTION NO. 97-12 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, UPHOLDING THE PLANNING COMMISSION'S ACTION APPROVING CONDITIONAL USE PERMIT 96- 033, AUTHORIZING THREE MILITARY VEHICLES AND TWO METAL STORAGE CONTAINERS TO BE LOCATED OUTSIDE THE BUILDING AT 125 WEST MAIN STREET. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A, A proper application, Conditional Use Permit 96-033, has been filed by Vince O'Connor requesting authorization to permit the outside storage of three (3) military vehicles and two (2) metal storage containers located at 125 West Main Street. B . A public hearing was duly called, noticed and held for said application on November 12, 1996 by the Planning Commission, and continued to November 25, 1996 and January 13, 1997. C. That on January 20, 1997, the City Council appealed the Planning Commission's action on this project. m · That a public hearing was duly called, noticed and held on said appeal by the City Council on February 18, 1997. E o The property is located in the Central Commercial - Parking and Cultural Resource Overlay (C2 - P & CR) Zoning Districts. The use applied for is a conditionally permitted use in the Central Commercial (C-2) District. F . That the establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, as evidenced by the following findings: . It is appropriate for the military vehicles to be stored on the ~site since they are associated with the existing commercial use ~in that the business services and restores various military 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 97-12 Page 2 vehicles. The vehicles provide advertising and easy identification of the business and assist in promoting the use. . The proposed project, as conditioned, can be accommodated on the subject site in that there is adequate parking and turn- around area in the parking lot and the rear yard to maintain the vehicles and containers. o As conditioned, the proposed use is compatible with surrounding uses in the vicinity in that the vehicles will be parked within marked parking spaces and the containers will be painted to match the buildings. ¸. As conditioned, the proposed use will not negatively impact surrounding uses in that wheel stops and safety devices will be installed to prevent operation by unauthorized persons. G o This project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Sections 15301 (Class 1). That the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. II. The City Council hereby upholds the Planning. Commission's action to approve Conditional Use Permit No. 96-033 authorizing the outside storage of three (3) military vehicles and two (2) metal storage containers located at 125 West Main Street, Tustin, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the City Council, held on the 18th day of February, 1997. Tracy Wills Worley Mayor Pamela Stoker City Clerk' EXHIBIT A RESOLUTION NO. 97-12 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 96-033 'GENERAL (1) 1.1 The proposed project shall substantially conform to submitted plans date stamped February 18, .1997 on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to the plans if such modifications are consistent with the provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless the following items are submitted and installed within the required time frames: 1) prepare a safety mechanism plan; 2) install a parking lot sign; 3) install permanent cement wheel stops in the parking lot; and'4) clear the rear yard of materials and supplies. (1) 1.4 Approval of Conditional Use Permit 96-033 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge to the City's approval of this project. USE RESTRICTIONS (4) 2.1 Safety mechanisms shall be installed and maintained within the military, vehicles to prevent their operation by unauthorized persons, to the satisfaction of the Police Department. A safety mechanism plan shall be submitted for review and approval within 30 days of this approval. SOURCE CODES (1) STANDARD CONDITIONS (2) PLANNING COMMISSION POLICY (3) MUNICIPAL CODE (4) RESPONSIBLE AGENCY REQUIREMENT (***) EXCEPTION Exhibit A Resolution No. 97-12 Page 2 (4) 2,2 A sign shall be maintained on or near the existing rolling metal gate within the parking lot to clarify that the public is permitted to park within the gated area. Said sign shall be installed within 30 days of this approval. (4) 2.3 The parking spaces shall be clearly striped. If vehicles are to be stored in the rear yard, the parking spaces shall be striped. Cement wheel stops shall be installed adjacent to and north of any permitted military vehicles to prevent them from bumping into the adjacent buildings. A parking lot striping plan shall be submitted to the Community Development Department for review and approval within 30 days of project approval. (4) 2.4 The rear yard shall be cleaned and cleared of outdoor storage of materials and supplies within 60 days from the date of this approval. If a storage bin. is installed in this location, it shall be painted to match the building and all materials shall be contained within, the bin. (4) 2.5 A maximum of three (3) military vehicles may be permitted to be stored outside the building at any one time. Said vehicles shall be parked within marked parking spaces. PLAN SUBMITTAL (1) 3.1 At building permit plan check, 'submit three (3) complete sets of site improvement plans. Requirements of the Uniform Building Code shall be complied with as approved by the Building Official. All construction shall be in accordance with the 1991 UBC, applicable City Codes and the City's Security Code. No field changes shall be made without corrections submitted to and approved by the Community Development Department. FEES (1) 4.1 Within forty-eight (48) hoUrs of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.