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HomeMy WebLinkAboutPC RES 3873RESOLUTION 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: I. The Planning Commission finds and determines as follows: Ao 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. D. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 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 2) may be displayed or sold on the property. Automotive repair services are expressly prohibited and shall not be conducted on-site. 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. ~ . . - ~ , ~ L~DA C.~JE~NINGS '/ L----~--~,. , .""'-'-~---). / C~hairperson ELT'ZABETH-/~. BI~SA"'~I~ - - ' Planning Commission Secretary 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 DESIGN REVIEW EXCEPTION (S) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Resolution No. 3873 Exhibit A Page 2 (3) (3) (3) 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. 1.6 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. PLAN SUBMITTAL 2.1 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. 2.2 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. 2.3 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. Resolution No. 3873 Exhibit A Page 3 (3) 2.4 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. (3) 2.5 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. (3) 2.6 A minimum of forty-four (44) inches around all vehicles shall be proved to comply with California Title 24 Accessibility Regulations. (3) 2.7 A sixty (60) inch pathway to all exits shall be provided at all times. (3) 2.8 A mechanical ventilation system, or appropriate alternative, shall be provided as specified in Section 1202.2.2 of the 2001 CBC to the satisfaction of the Building Official. ENGINEERING (1) 3.1 (1) 3.2 (1) 3.3 (1) 3.4 (1) 3.5 (1) 3.6 The existing damaged sidewalk along the north property line shall be re- constructed per City Standard No. 202. 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 or 208. The maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron shall be ten percent. City Standard 208 will require an easement to be dedicated to the City of Tustin for pedestrian access onto private property. The applicant shall contact the City's Engineering Division for easement requirements. The applicant or property owner shall repair or replace any missing or damaged public improvements including sidewalk, drive apron, curb, and gutter. The applicant or property owner shall repair any damage done to existing street improvements and utilities prior to final inspection. 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. 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. Resolution No. 3873 Exhibit A Page 4 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) 2) 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, 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) 4.2 Outdoor vehicle display, sales, or servicing is prohibited at all times. (1) 4.3 No vehicle service or repair shall be permitted anywhere on the interior or exterior of the premises. (1) 4.4 Any modifications to the business operations or site plan is subject to review and approval by the Community Development Director. (1) 4.5 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 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. (1) 4.7 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. Resolution No. 3873 Exhibit A Page 5 (1) 4.8 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) s.a 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: 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. FEES (C) 6.1 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. (c) 6,2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of 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.