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HomeMy WebLinkAboutC.C. RES 03-090RESOLUTION NO. 03-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 03-008 ESTABLISHING OUTDOOR RECREATIONAL VEHICLE (RV) STORAGE AT 2681 WALNUT AVENUE The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: Ao That a proper application for Conditional Use Permit 03-008 was filed by AAA Quality Self-Storage to establish outdoor recreational vehicle (RV) storage at 2681 Walnut Avenue, or more specifically known as Lot 20 of Tract 8590; B. That a public hearing was duly called, noticed and held for said project on June 9, 2003 by the Planning Commission, and the Planning Commission recommended that the City Council approve the project; C, That a public hearing was duly called, noticed and held for said project on July 7, 2003 by the City Council; Do A Negative Declaration was prepared, distributed for public review from May 29, 2003, through June 18, 2003, and adopted as adequate for Conditional Use Permit 03-008 by the City Council by adoption of Resolution No. 03-89; E, That the City Council adopted Ordinance No. 1278 approving Zone Change 03-004 to conditionally permit outdoor recreational vehicle (RV) storage in the Irvine Industrial Complex, subject to compliance with the definition and established development standards; The proposed project is consistent with the policies of the General Plan land use designation "Planned Community Commercial/Business" which provides for policies and guidelines for light industrial uses and the Irvine Industrial complex Planned Community District Regulations. In addition, 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; and, G, That establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, evidenced by the following findings: The proposed facility, as conditioned, would not be detrimental to, or have a negative effect on, the site or surrounding properties in that the proposed facility is located on the rear half of a lot developed with a self-storage facility in an area that is not required for emergency access, parking, or landscaping. The 2.0 trips per thousand-trip generation associated with the proposed use can be accommodated by the surrounding roadway system and, as shown in the Negative Declaration prepared for Conditional Use Permit 03-008 (Exhibit A of Resolution No. 03-89), no other impacts are anticipated. , The proposed use, as conditioned, will not be detrimental to the health, safety, morals, comfort, and general welfare of persons working in the neighborhood in that all storage.would occur on the rear half of the lot behind a combination of gates and walls up to ten (10) feet in height and dense landscaping and will comply with the proposed development standards for outdoor recreational vehicle storage. Page 1 of 5 The City Council hereby approves Conditional Use Permit 03-008 establish outdoor recreational vehicle storage at 2681 Walnut Avenue, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 7th day of July, 2003. MAYOR PA'"~'E LA' S'~O KE'--R ' CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 03-90 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7th day of July, 2003, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Bone, Davert, Kawashima, Thomas, Worley (5) None (0) None (0) None (0) CITY CLERK Page 2 of 5 Resolution No. 03-90 GENERAL (1) 1.1 (1) 1.2 (~) ~.3 (1) 1.4 (~) EXHIBIT A CONDITIONS OF APPROVAL RESOLUTION 03-90 JULY 7, 2003 The proposed project shall substantially conform with the submitted plans for the project date stamped July 7, 2003, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any grading or building permits for the project, subject to review and approval by the Community Development Department. 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. Approval of Conditional Use Permit 03-008 is contingent upon the applicant 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 notarized "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 of Conditional Use Permit 03-008, 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 City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION 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) 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 by ordinance. Page 3 of 5 (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement, action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 Amendments to Conditional Use Permit 03-008 may be considered by the Planning Commission. USE RESTRICTIONS (***) 2.1 The applicant shall submit an updated copy of the Irvine Industrial Complex District Regulations with the additional text specified in Ordinance No. 1278. 2.2 Prior to issuance of building permits, the applicant shall record a reciprocal access agreement, or appropriate alternative, to the satisfaction of the Community Development Director and City Attorney between the property owners of 2681 and 2641 Walnut Avenue to acknowledge and authorize the intensification of the use of the existing driveway as a result of allowing RVs to access 2681 Walnut via the driveway. The access agreement shall be approved by the Community Development Director and the City Attorney prior to recordation. (1) 2.3 Storage shall be accessory to the primary self-storage facility use. If the primary use ceases, the use of the outdoor recreational vehicle storage shall cease. (1) 2.4 The storage area shall be located on the rear half of a lot. On a corner lot, the storage area shall be located in the least visible area from a private or public roadway on the rear half of the lot. (1) 2.5 The storage area shall not cover more than twenty-five (25) percent of the lot area. (1) 2.6 The storage area shall be screened on all sides with an effective combination of solid walls, solid gates, and dense landscaping. (1) 2.7 The storage area shall not encroach into required parking spaces or landscape areas. (1) 2.8 No vehicle shall be parked or stored in a manner which obstructs access to any door, window, or other entrance to, or exit from, the building; (1) 2.9 The sale, service, or maintenance of recreational vehicles shall not be permitted. (1) 2.11 No septic dumping station shall be established on-site. (1) 2.12 No recreational vehicle shall be inhabited while being stored. (1) 2.13 A recreational vehicle (RV) shall be defined as a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, that meets all of the following criteria: a. It contains less than 320 square feet of internal living room area, excluding built-in equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms; b. It contains 400 square feet or less of gross area measured at maximum horizontal projections; Page 4 of 5 Resolution No. 03-90 c. It is built on a single chassis; and, d. It is self-propelled, truck-mounted, or permanently towable on the highways without a permit. BUILDING (C) 3.1 Building plan check submittal shall include the following: · Seven (7) sets of construction plans, including drawings for mechanical, plumbing, electrical, and striping plan. · Two (2) copies of structural calculations. · Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (C) 3.2 No other outdoor storage shall be permitted except as approved by Conditional Use Permit 03-008. ENGINEERING (C) 4.1 The building permit plans shall identify existing street improvements and dimensions, including sidewalk, curb and gutters, and street widths. (C) 4.2 Any damage done to existing street improvements and utilities shall be repaired prior to final inspection for the project. FEES (1) 5.1 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 the 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. (1) 5.2 Prior to issuance of any permits, the applicant shall pay the following fees. Payments will be required based upon the rate in effect at the time of permit issuance and are subject to change. A. All applicable Building plan check and permit fees shall be paid to the Community Development Department. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. Page 5 of 5