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HomeMy WebLinkAbout03 CUP 03-009ITEM #3 Report to the Planning Commission DATE: MAY 12, 2003 SUBJECT: CONDITIONAL USE PERMIT 03-009 APPLICANT: GREG BENNETT BENNETT ARCHITECTS 17581 IRVlNE BOULEVARD, SUITE 116 TUSTIN, CA 92780 PROPERTY OWNER(S): DANIEL BARRERA, JR. 300 EL CAMINO REAL TUSTIN, CA 92780 LOCATION: 300 EL CAMINO REAL ZONING: CENTRAL COMMERCIAL (C-2) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 OF THE ENVIRONMENTAL QUALITY ACT (CLASS 1) CALIFORNIA REQUEST: AUTHORIZATION TO ESTABLISH AN ANTIQUE AUTOMOBILE GALLERY, INCLUDING ACCESSORY VEHICLE AND MEMORABILIA SALES, COMPLETELY WITHIN AN EXISTING 7,752 SQUARE FOOT BUILDING AT 300 EL CAMINO REAL. RECOMMENDATION That the Planning Commission adopt Resolution No. 3873 approving Conditional Use Permit 03-009 to establish an antique and classic automobile gallery, including accessory vehicle and memorabilia sales, completely within an existing 7,752 square foot building at 300 El Camino Real. BACKGROUND The applicant is requesting authorization to establish an antique and classic automobile gallery, including accessory vehicle and memorabilia sales, inside an existing 7,752 square foot building in Old Town Tustin. The site is located at the southwest corner of El Camino Real and Third Street (Attachment 1 - Location Map) in the Central Commercial and Parking Overlay (C-2P) District, the Cultural Resources Overlay District, and the Town Center Redevelopment Project Area. The site is bounded by professional offices to the north, and commercial businesses to the east, south, and west. Planning Commission Report CUP 03-009 May 12, 2003 Page 2 Section 9233a(1) of the Tustin City Code permits galleries within the C-2 District, and Section 9233c(3) permits used car sales within the district with approval of a Conditional Use Permit (CUP). As proposed (Attachment 2 - Business Description and Submitted Plans), the new business will consist primarily of displaying antique and classic vehicles and related art and memorabilia in a gallery setting, but would also include the ability to sell vehicles on a case-by-case basis. The proposed use will be conducted entirely within an existing building previously used as an art gallery and does not include any proposed exterior building or site improvements besides signage and minor tenant improvements. No exterior displays or operations are proposed. The property owner previously obtained a demolition permit on December 19, 2002, in anticipation of proceeding with the CUP process. The property owner submitted a signed letter acknowledging the requirement to obtain a CUP prior to operating the business. Staff also informed the property owner that while a demolition permit could be issued, additional building improvements may need to be completed as a result of storing vehicles inside the building, as would be identified while processing the CUP application. At the Planning Commission's request, a site inspection was conducted due to reports that vehicles were being stored inside the building. On April 3, 2003, the Building Official and a representative from the Orange County Fire Authority (OCFA) conducted an on-site inspection, found vehicles inside the building, and told the property owner to remove the vehicles until all necessary approvals were obtained, including an approved CUP. As a result, a formal CUP application was submitted on April 8, 2003, and the cars were removed from the building on April 15, 2003. A public hearing notice identifying the time, date, and location of the public hearing for the proposal was published in the Tustin News, property owners within 300 feet of the site were notified of the hearing by mail, and a notice was posted on the site and at City Hall on May 1, 2003. The applicant was informed of the availability of the agenda and staff report for this item. PROJECT DESCRIPTION The proposed "Yesterday Antique and Classic Car Gallery" will occupy a vacant, 7,752 square foot building previously used as an art gallery. The applicant has submitted a description of the proposed operations as part of the application submittal (Attachment 2 - Business Description and Submitted Plans). In general, the establishment will display antique and classic vehicles, art, and memorabilia from the property owner's private collection. Examples of the types of vehicles to be displayed will include Ferrari, Rolls Royce, Packard, and Alfa Romeo, and all vehicles will be at least twenty-five (25) years old. While the main use will be an antique and classic vehicle gallery, the property owner is also requesting the ability to sell vehicles and associated memorabilia, on a case-by- case basis for the rare buyer. The existing building is immediately adjacent to the sidewalk at the southwest corner of El Camino Real and Third Street and has large floor-to-ceiling windows along the perimeter Planning Commission Report CUP 03-009 May 12, 2003 Page 3 walls adjacent to the right-of-way. Staff believes the proposed use, building location, and existing windows would help encourage the high quality, pedestrian-oriented building frontages as identified in Policy 10.3 of the General Plan Land Use Element. To ensure continued implementation of this policy, it is necessary to ensure the applicant will maintain a showroom quality desirable of a gallery in Old Town Tustin. The following conditions of approval address this policy: Condition 4.1 of Resolution No. 3873 would state that only vehicles that qualify as vehicles of "historic interest" or "special interest vehicles" may be displayed or sold on the property as an accessory use to the antique automobile gallery use and display and sales would only occur or be conducted within the building. The applicant has indicated that "antique" and "classic" cars will be displayed in the gallery; however, the California Vehicle Code (CVC) does not define antique or classic cars. Staff proposes that any vehicle to be displayed or sold on-site be consistent with Sections 5004 and 5051 of the CVC, which defines "special interest vehicles" and vehicles of "historic interest" as follows: (1) If the vehicle is at least twenty-five (25) years old and is of historic interest. A vehicle is of "historic interest" if it is collected, restored, maintained, and operated by a collector or hobbyist principally for purposes of exhibition and historic vehicle club activities; or, (2) If the vehicle is a "special interest vehicle" of any age which is unaltered from the manufacturer's original specifications and, because of its significance, such as an out-of-production vehicle or a model of fewer than 2,000 sold in California in any model year, is being collected, preserved, restored, or maintained by a hobbyist as a leisure pursuit. Condition 4.2 would prohibit any outdoor vehicle display or sales at any time. Condition 4.3 would prohibit vehicle repair and service on the premises. While auto repair shops are conditionally permitted in the C-2 zoning district, neither the building nor site is designed to accommodate that type of use. Condition 4.4 would ensure any future modification to the proposed business operations are reviewed by the Community Development Director. Condition 4.5 would authorize the Community Development Department to conduct annual inspections of the operations to ensure compliance with CUP 03-009 due to the nature of the use, including the potential fluctuations in quantities and types of vehicles to be displayed inside the building. Condition 4.6 would require regular business hours to ensure the gallery is open and accessible to the general public. The applicant has proposed hours of operation from 8:00 a.m. to 10:00 p.m. daily. Planning Commission Report CUP 03-009 May 12, 2003 Page 4 Condition 4.7 would require the window blinds in the gallery to be open during normal business hours to ensure visibility into the building. To accommodate the use, minor tenant improvements have been completed and additional improvements will need to be made to the interior of the building. The issued demolition permit authorized the removal of a few partitioning walls to create a larger showroom floor area and the existing doorway along the south side of the building is large enough to pass vehicles through and does not require any modifications. Additional improvements that are required are related to safety precautions associated with vehicle storage inside the building. Condition 2.8 would require the applicant to install a mechanical ventilation system as specified in Section 1202.2.2 of the 2001 California Building Code (CBC), and Condition 2.1 and 2.2 would allow the applicant to create a small kitchen area near the lunchroom as shown on the floor plan. In addition, the applicant will need to comply with the operational measures listed in Condition 5.1 to meet Orange County Fire Authority requirements. The only proposed exterior improvement is the addition of signage on an existing freestanding, twelve (12) foot high arched entry element located in front of the south building entrance. The arch structure was approved by Design Review 95-011 to help enhance the exterior area of the building, including other small concrete sculptures and arched entry elements designed as building accents only. As a result, the proposed signage will need to be located on the building rather than the arch structure as identified in Condition 4.8. To ensure safe and accessible pedestrian access to the site, Conditions 3.1 and 3.2 would require the applicant to reconstruct the damaged sidewalk along Third Street and reconfigure the driveway apron on El Camino Real to provide for disabled access. Parking Requirements Based on parking requirements for a retail use of one (1) space for every 200 square feet of gross floor area, the 7,753 square foot building would be required to provide thirty-nine (39) parking spaces. However, in 1995, the Planning Commission approved Variance 95- 001 and Design Review 95-011 that authorized a reduction in the required parking to twenty-seven (27) on-site spaces, and minor interior and exterior building improvements, for the previous gallery. Since the proposed use is also a gallery with accessory sales, the parking requirement would not change. Condition 4.9 is included to ensure compliance with the conditions of approval of the previously approved parking variance. ANALYSIS In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed use 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. Planning Commission Report CUP 03-009 May 12, 2003 Page 5 A decision to approve this request is supported by the following findings: 1) The proposed use would be located inside an existing building previously used as a gallery and, as conditioned, would not be detrimental to surrounding properties in that the business would be conducted completely within the building, there will be no automotive repair services conducted on-site, and only vehicles defined by Condition 4.1 which are either: 1) at least twenty-five (25) years old and a vehicle of "historic interest", or 2) a "special interest vehicle" may be permitted to be displayed and sold on the premises; 2) The proposed use, as conditioned, would encourage the high quality pedestrian-oriented building frontages identified as a policy goal in the General Plan Land Use Element by displaying vehicles identified in Condition 4.1 within proximity of the large floor-to-ceiling windows next to the right-of-way, maintaining daily business hours when the gallery is open to the public, and keeping the blinds open for display during regularly maintained business hours; 3) As conditioned, adequate on-site and off-site pedestrian facilities will be provided in that the existing sidewalk along the north property line will be required to be reconstructed and the driveway apron on El Camino Real will be reconstructed to meet current Federal Americans with Disabilities Act (ADA) requirements; and, 4) The proposed use, as conditioned, would not result in any anticipated parking impacts since the proposed gallery use is substantially the same as the former gallery use, and the previous use was granted Variance 95-001 authorizing a parking reduction. Since the previous and proposed uses are substantially the same, and Condition 4.9 is included to ensure compliance with the conditions of approval for Variance 95-001, staff does not anticipate any parking problems. Matt West Assistant Planner Karen Peterson Senior Planner Attachments: 1. Location Map 2. Submitted Plan and Proposed Business Operation 3. Resolution No. 3873 S:\Cdd~PCREPOR~CUP 03-009 pcreport, doc ATTACHMENT A Location Map LOCATION MAP PROJECT NO. ADDRESS CUP 03-009 300 El Camino Real "AUTHORIZATION TO ESTABLISH AN ANTIQUE AUTOMOBILE,, GALLERY, INCLUDING ACCESSORY VEHICLE AND MEMORABILIA SALES, COMPLETELY WITHIN AN EXISTING 7,752 SQUARE FOOT BUILDING" CITY ~) F~I~TIN SENIO~IEENTER I. BIST ~T NISTRA~ ~)N UI~ING 30o  TUS TIN ~ESBYTERI V CHURCH ~ 145 155 165 SECOND SmEET 140 160 224 240 250 THIRD STREET SECOND i~J 230 235 ~1~k 2,0 245 q~ 250 255 ~ .305 307 IIII II 333-35 I I II 215 THIRD 420 · ! ATTACHMENT B Submitted Plan and Proposed Business Operation ( { YesterdaY Antique & Classic Car Gallery April 8, 2003 City of Tustin 300 Centennial Way Tustin, CA 92780 RE: 300 E1 Camino Real, Tustin, CA/C.U.P. Dear C iV/Staft, The applicant, Yesterday Antique and Classic Car Gallery, will operate at the above referenced location. The primary focus of the gallery will be antique and classic artifacts and art relating to classic cars and antique classic ears. I, Daniel R. Barrera, will display my private classic and antique ear collection, that includes Ferrari, Rolls Royce, Packard, Alfa Romeo, and other antique and classic cars. My private collection will be displayed within the gallery. This classic and antique cars will be for sale for the rare buyers. The gallery will not sell any automobiles that do not fall within the classic thirty year criteria and the antique, older than 30 years year, criteria. The hours of operations will be 8:00 a.m. to 10:00 p.m., seven days a week as business supports these hours of opperation. The purposed project needs no exterior or interior improvements. The existing building is suitable for its intended purpose and will not be changed for this project. The gallery's classsic and antique automobiles will have the batteries disconnected and the gasoline will be removed fi.om the tanks; so as to satis~r all uniform fire codes and local requirements. The project is a perfect fit for the location and building shape and type without any changes to the structure. This property is one of very very 'few on E1 Camino Real and Old Town that complies with parking and setbacks. This use will be an asset to the community, and it will be a visual experience to brouse the gallery. This project also reflects the current mix of retailers in the Old Town environment. Both the uniqueness of the antique artifacts and the vintage automobiles will be and are appropriate for the overall Old Town theme. We look forward to operating the "Yesterday Antique and Classic Car Gallery" in the City of Tustin, and we thank you for the support of our C.U.P. application. Sincerely, Daniel R. Barrera, Owner SEE ENCLOSED FULL SIZE PLANS ATTACHMENT C Resolution No. 3873 RESOLUTION NO. 3873 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 03- 009, AUTHORIZING AN ANTIQUE AUTOMOBILE GALLERY, INCLUDING ACCESSORY VEHICLE AND MEMORABILIA SALES, TO BE ESTABLISHED COMPLETELY WITHIN AN EXISTING 7,752 SQUARE FOOT BUILDING AT 300 EL CAMINO REAL. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit 03-009, was filed by Greg Bennett, on behalf of Yesterday Antique and Classic Car Gallery, to establish an antique automobile gallery, including accessory vehicle and memorabilia sales, completely inside an existing 7,752 square foot building at 300 El Camino Real, or more specifically identified as Assessor's Parcel Number 401-573-01. B, That the Old Town Commercial land use designation of the General Plan provides for a variety of retail and commercial services. 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. C. That the proposed use is allowed within the Central Commercial (C-2) zoning district with the approval of a Conditional Use Permit. Do That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1) The proposed use as an antique automobile gallery would be located in an existing building previously used as a gallery and, as conditioned, would not be detrimental to surrounding properties in that the business would be conducted completely and solely within the building. An accessory use of the display and sale of historic or special interest vehicles is also permitted on the property so long as such display and sale is also conducted solely within the building. The only vehicles that may be displayed or sold on the property will be vehicles that are either: 1) at least twenty-five (25) years old and are vehicles of "historic interest", or 2) "special interest vehicles." Except as expressly permitted under Condition 4.1, no other vehicles Resolution No. 3873 Page 2 may be displayed or sold on the property. Automotive repair services are expressly prohibited and shall not be conducted on-site. 2) The proposed use, as conditioned, would encourage the high quality pedestrian-oriented building frontages identified as a policy goal in the General Plan Land Use Element by displaying vehicles identified in Condition 4.1 within proximity of the large floor-to-ceiling windows next to the right-of-way, maintaining daily business hours when the gallery is open to the public, and keeping the blinds open for display during regularly maintained business hours; 3) As conditioned, adequate on-site and off-site pedestrian facilities will be provided in that the existing sidewalk along the north property line will be required to be reconstructed and the driveway apron on El Camino Real will be reconstructed to meet current Federal Americans with Disabilities Act (ADA) requirements; and, 4) The proposed use, as conditioned, would not result in any anticipated parking impacts since the former gallery use was substantially the same as the proposed gallery use, and the previous use was granted Variance 95-001 authorizing a parking reduction. Since the previous and proposed uses are substantially the same, and Condition 4.9 is included to ensure compliance with the conditions of approval for Variance 95-001, staff does not anticipate any parking problems. E, This project is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 03-009, to establish an antique automobile gallery, including accessory vehicle and memorabilia sales, completely inside an existing 7,752 square foot building at 300 El Camino Real, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 12th day of May, 2003. ' ELIZABETH A. BINSACK Planning Commission Secretary LINDA C. JENNINGS Chairperson Resolution No. 3873 Page 3 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. 3873 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of May, 2003. ELIZABETH A. BINSACK Planning Commission Secretary (1) (1) GENERAL EXHIBIT A CONDITIONAL USE PERMIT 03-009 CONDITIONS OF APPROVAL RESOLUTION NO. 3873 1.1 1.2 The proposed use shall substantially conform with the submitted plans for the project date stamped May 12, 2003, on file with the Community Development Department, and the project application and related use descriptions submitted by the applicant, 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 consistent with the provisions of the Tustin City Code and other applicable codes. 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. 1.4 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.5 Approval of Conditional Use Permit 03-009 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. As a condition of approval, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the SOURCE CODES (2) (3) (4) STANDARD CONDITION ($) CEQA MITIGATION UNIFORM BUILDING CODE/S (6) DESIGN REVIEW (7) EXCEPTION RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Resolution No. 3873 Exhibit A Page 2 PLAN (3) (3) 2.2 (3) 2.3 (3) 2.4 (3) 2.5 (3) 2.6 (3) 2.7 City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. SUBMITTAL At the time of building permit application, the plans shall comply with the most recently adopted codes and regulations, including, but not limited to, the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, and all other applicable City Ordinances, and State and Federal laws and regulations. Building plan check submittal shall include the following' · Four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical; · Plans and all elements shown shall be to scale; and, · Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96-inch wide loading area. The words "NO PARKING" in twelve (12) inch high letters shall be painted on the loading zone. The building use and corresponding occupant load per Table 10-A shall be defined on the plans. The maximum occupant load shall be posted on the walls by the exit doors. No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. A minimum of forty-four (44) inches around all vehicles shall be proved to comply with California Title 24 Accessibility Regulations. A sixty (60) inch pathway to all exits shall be provided at all times. Resolution No. 3873 Exhibit A Page 3 (3) 2.8 A mechanical ventilation system, provided as specified in Section satisfaction of the Building Official. ENGINEERING or appropriate alternative, shall be 1202.2.2 of the 2001 CBC to the (1) 3.1 The existing sidewalk along the north property line shall be re-constructed per City Standard No. 202. (.1) 3.2 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive apron. This will require re-construction of the existing drive apron to comply with City Standard No. 209. The maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron shall be ten percent. (1) 3.3 The applicant or property owner shall repair or replace any missing or damaged public improvements including sidewalk, drive apron, curb, and gutter. (1) 3.4 The applicant or property owner shall repair any damage done to existing street improvements and utilities prior to final inspection. (1) 3.5 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 3.6 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. USE RESTRICTIONS (1) 4.1 Only vehicles that qualify as vehicles of "historic interest" or "special interest vehicles" as expressly provided in this condition of approval may be displayed or sold on the property. The display and sale of such vehicles is considered an accessory use to the antique automobile gallery use and such display and sales shall only occur or be conducted within the building. For the purpose of this conditional use permit, the only vehicles that may be displayed or sold on the property are those vehicles that conform to one of the following criteria: 1) A vehicle at least twenty-five (25) years old and of historic interest. A vehicle is of "historic interest" if it is collected, restored, maintained, and operated by a collector or hobbyist principally for purposes of exhibition and historic vehicle club activities; or, Resolution No. 3873 Exhibit A Page 4 2) A "special interest vehicle;" that is, a vehicle of any age which is unaltered from the manufacturer's original specifications and, because of its significance, such as an out-of-production vehicle or a model of fewer than 2,000 sold in California in any model year, is being collected, preserved, restored, or maintained by a hobbyist as a leisure pursuit. (1) (1) 4.2 4.3 Outdoor vehicle display, sales, or servicing is prohibited at all times. No vehicle service or repair shall be permitted anywhere on the interior or exterior of the premises. (1) 4.4 4.5 Any modifications to the business operations or site plan is subject to review and approval by the Community Development Director. The project may be reviewed annually or more often if deemed necessary by the Director of Community Development to ensure compliance with the Conditions of Approval established herein. The Director may recommend to the Planning Commission additional conditions or modifications to the existing conditions or facilities as part of such review to protect the public health, safety, and general welfare. (1) 4.6 4.7 4.8 The business shall be open to the general public from 8:00 a.m. to 10:00 p.m. daily. Any changes to the hours of operation shall be approved in writing by the Director of Community Development. The window blinds on all windows in the gallery portion of the building shall be open during normal business hours to ensure visibility into the building. All proposed signage shall comply with the Tustin Sign Code. The existing freestanding, twelve (12) foot high arched entry element located in front of the south building entrance was approved as a design element only per Design Review 95-011 and adding signage to the arch would change it from an entry element to a "pole sign," which is not a permitted sign type for the property. (1) 4.9 Approval of an auto gallery with accessory sales is contingent upon providing adequate parking for the use. The property shall continually provide a minimum of twenty-seven (27) parking spaces to be available to customers in accordance with Variance 95-001. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 5.1 The following three (3) conditions shall apply to the project while the building is classified as a B Occupancy by the Building Official of the City of Tustin: Resolution No. 3873 Exhibit A Page 5 FEES 1) A maximum of one-half (1/2) gallon of gasoline may be stored per vehicle. 2) All vehicles batteries shall be disconnected while the vehicle is stored within the building. 3) A non-combustible material (drip pan) shall be placed under the engine of each vehicle. (c) 6.1 (C) 6.2 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, Building Department plan check and permit fees to the Community Development Department based on the most current schedule. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. 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 forty-three dollars ($43.00) 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.