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HomeMy WebLinkAboutPC RES 3909 RESOLUTION NO. 3909 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 04-012 TO INCREASE THE MAXIMUM OCCUPANCY OF AN EXISTING AUTO MUSEUM AND BANQUET FACILITY FROM 369 PERSONS TO 998 PERSONS WITHIN AN EXISTING BUILDING AT 36 AUTO CENTER (JOE'S GARAGE). The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit 04-012, was filed by MacPherson Properties requesting authorization to increase the occupancy for an already established auto museum and banquet facility within an existing building at 36 Auto Center Drive. B. That on June 7, 1999, the City Council approved Conditional Use Permit No. 99-005 to conditionally allow for the establishment of auto museum and banquet facility at 36 Auto Center Drive. C. That the auto museum and banquet facility is in compliance with the East Tustin Auto Center Planned Community District Regulations because an ancillary banquet establishment in conjunction with an auto museum is permitted with an approved conditional use permit. The proposed project is in compliance with the General Plan Planned Community Commercial Business land use designation of the Tustin General Plan in that the designation supports commercial service uses such as banquet establishments. D. That a public hearing was duly called, noticed, and held for said application on April 12, 2004, by the Planning Commission. E. 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, as evidenced by the following findings: a) The increased occupancy of an existing automotive museum and banquet facility from 369 persons to 998 persons, as conditioned, will not have a negative effect on surrounding properties in that the existing facility is located inside of an existing building within a commercial business center (Auto Center) where sufficient parking is available on-site and no off-site traffic or circulation impacts are anticipated. Valet parking may be provided if the applicant submits a valet plan for review and approval, as conditioned. Any outdoor Resolution No. 3909 Page 2 F. events would be considered on a case-by-case basis through a Temporary Use Permit and would be limited to four (4) times a year. b) The combined operation of an automotive museum and banquet facility is consistent with the intent of the East Auto Center District Regulations in that the automotive museum is related to the automotive industry and the banquet facility would be operated in conjunction with the automotive museum. In addition, the Planned Community Commercial/Business land use designation of the General Plan supports commercial uses for this area and the museum and banquet facility would expose members of the public to the Auto Center. . c) As conditioned, a maximum of 998 persons would be allowed in the facility at anyone time based upon Table 10-A of the 2001 California Building Code, which limits the occupancy for an assembly use (banquet use) to 998 persons based upon the existing building configuration, construction type, number of exits, and adjacent uses. d) As conditioned, all food and beverage services would be provided by catering services and operated in accordance with applicable requirements from the regulatory agencies such as the Orange County Health Care Agency and the State Department of Alcoholic Beverage Control. This project is Categorically Exempt pursuant to Sections 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Tustin Planning Commission hereby approves Conditional Use Permit 04-012 amending Conditional Use Permit 99-005 to increase the maximum occupancy for an existing auto museum and banquet facility within an existing building at 36 Auto Center Drive, subject to the conditions contained in Exhibit A, attached hereto. II. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 1 ih day of April, 2004. a~4~~~ ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3909 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. 3909 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 1 ih day of April, 2004. &'t~ d-6~~ ELiZABE H A. BINSACK Planning Commission Secretary RESOLUTION NO. 3909 EXHIBIT A CONDITIONAL USE PERMIT 04-012 CONDITIONS OF APPROVAL GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 The proposed use shall substantially conform with the submitted plans for the project date stamped April 12, 2004, 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 commencement of the project and any increase in occupancy above 369 persons to a maximum of 998 persons, subject to review and approval by the Community Development Department. The subject project approval shall become null and void unless the project is implemented within six (6) 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 04-012 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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION *** Exhibit A - Conditions of Approval April 12,2004 CUP 04-012 Page 2 (1 ) 1.5 (1 ) 1.6 As a condition of approval of Conditional Use Permit 04-012, 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. 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. 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 (3) 2.1 Prior to the commencement of the project and any increase in occupancy above 369 persons to a maximum of 998 persons, the applicant shall submit site and building plans to demonstrate compliance with the following conditions: a. Exiting shall comply with the requirements of the 2001 California Building Code (CBC) Chapter 3 and minimum egress requirements in Table 10A. b. The number of exits shall be as required by Section 1004.2.3.4 of the 2001 CBC. c. Travel distance to exits shall be as required in Section 1004.2.5.2.2 of the 2001 CBC. d. Restrooms shall be accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy or as approved by the Building Official. e. Maximum occupant load shall be posted in locations as specified in Section 1007.2.6 of the 2001 CBC. Exhibit A - Conditions of Approval April 12, 2004 CUP 04-012 Page 3 f. Compliance with Condition 3.1 and clearance from the Orange County Fire Authority shall be required. g. Compliance with the City's Parking Lot Design Guidelines. USE RESTRICTIONS *** *** *** *** *** (2) (2) (2) (5) 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 Banquet and assembly uses shall continue to be associated with and accessory to the auto museum use. No outdoor event or live entertainment is permitted unless otherwise approved by the Community Development Department. Banquet events shall be held only on the ground level of the structure as designated on the approved Floor Plan. A maximum of 998 persons may attend an event at the banquet facility based on 333 parking spaces being available exclusively for auto museum/banquet facility and the maximum occupant load as per Table 10- A of the 2001 California Building Code. Catering service providers shall obtain all applicable permits including an alcohol license from the Orange County Health Care Services and the California State Department of Alcoholic and Beverage Control, respectively. Parking spaces designated for the banquet facility in the approved parking analysis and on the approved site plan shall be unobstructed and available during all banquet events. Prior to providing valet service for a maximum of 998 persons, a valet parking plan shall be submitted to the Community Development for review and approval to ensure no parking or traffic problems would result from valet operations. All banquet events are to be held within the enclosed building. No outdoor activity other than loading and unloading associated with catering services shall be permitted, unless otherwise approved by Community Development Department. All regulations of the Uniform Building Code and the Orange County Fire Authority regarding assembly occupancy classification, fire rating, and exiting standards shall be met during all events. Exhibit A - Conditions of Approval April 12, 2004 CUP 04-012 Page 4 (2) 3.10 If at any time in the future the City is made aware and concurs that a parking or traffic problem exists at the subject site as a result of the use, the Community Development and Public Works Departments may require the property owner to submit a parking demand analysis and/or traffic analysis prepared by a California licensed traffic engineer and/or a civil engineer experienced in preparation of these documents, at no expense to the City, within the time schedule stipulated by the City. If said study indicates that there is inadequate parking or traffic problem exists, additional mitigation measures shall be provided subject to the review and approval of the Community Development and Public Works Departments. Said mitigation may include, but not limited to, the following: FIRE DEPARTMENT (5) 4.1 a. Reduce the demand for parking by decreasing the number of event participants; or, b. Provide additional parking as needed, up to the minimum number required for the use, consistent with standard parking requirements, by purchase and/or lease of property within 500 feet of the property or provision of the needed parking on site. The securing of off-site parking would require approval by the Community Development Director. Prior to the commencement of the project and any increase in occupancy above 369 persons to a maximum of 998 persons, the applicant shall submit architectural plans for the review and approval of the Fire Chief, if required, per the "Orange County Fire Authority Plan Submittal Criteria Form." The following specific items shall be included on the plans submitted for this review: a. Correct occupancies shown (S-3 vs. F-1 garage spaces); Include egress diagram; Call out all exiting components (signs, PH, lighting, door widths, etc.) to verify compliance with CBC Chapter 10; Ensure that egress from A-3 space does not cause cumulative occupant load of any space to exceed 999. The project scope must retain an A-2.1 occupancy status for this approval and conditions to apply. The applicant shall provide clearly marked path of travel for any available exits passing through garage spaces to the exterior of the b. c. d. e. Exhibit A - Conditions of Approval April 12,2004 CUP 04-012 Page 5 f. building (i.e., stripe exit path with appropriate wording to keep space unobstructed at all times). The owner/manager shall agree to limit hazards in garage space(s) used as part of the exit path for assembly spaces (no welding, open flame operations, no storage of compressed/flammable gasses, no storage of flammable/combustible liquids near exit path). Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. FEES (1 ) 4.1 Prior to issuance of any permits, payment shall be made of all required fees including, but not limited to: a. Building plan check and permit fees to the Community Development Department based on the most current schedule. b. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. (1 ) 4.2 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 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.