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HomeMy WebLinkAboutPC RES 3917 RESOLUTION NO. 3917 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 04-017 FOR THE TEMPORARY STORAGE OF CONSTRUCTION MATERIALS AND EQUIPMENT ON VACANT LOTS LOCATED NORTH OF VALENCIA AVENUE BETWEEN THE STATE ROUTE 55 FREEWAY AND DEL AMO AVENUE AT 1151% VALENCIA AVENUE FOR UP TO EIGHTEEN (18) MONTHS FOR A REGIONAL WATER AND SEWER LINE IMPROVEMENT PROJECT. 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 for Conditional Use Permit 04-017 was filed by ARB, Incorporated requesting approval to temporarily store construction materials and equipment on vacant portions of Lot 65 and Lot 80 in Block 10 of Irvine's Subdivision, as shown on a map recorded in Book 1 Page 88 of miscellaneous record maps, Records of Orange County, California (Assessor's Parcel Numbers 430-251- 01, 02, and 08) for up to eighteen (18) months in the "Office Center" designation of the Pacific Center East Specific Plan and the Planned Community Commercial/Business General Plan land use designation to support regional water and sewer line improvements. B. The proposed use is consistent with the policies and requirements of the "Office Center" designation of the Pacific Center East Specific Plan and the Planned Community Commercial/Business General Plan land use designation in that temporary construction storage yards may be permitted with a conditional use permit and the use supports the maintenance of the City's infrastructure. 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 in that the use is located in a central location that promotes efficient vehicle trips during construction of City and regional water and sewer line improvements. C. That the temporary operation of a contractor's storage yard, as conditioned, will not 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, as evidenced by the following findings: Resolution 3917 Page 2 D. a) The proposed temporary use, as conditioned, would not be detrimental to the surrounding properties in that placement of the construction equipment and materials in the site would be temporary. b) As conditioned, the use would not have a negative effect on the surrounding properties since the storage yard is located on vacant property and is buffered from adjacent uses by the State Route 55 Freeway and by unoccupied portions of the vacant properties. c) As conditioned, the applicant would be required to incorporate Best Management Practices so that adjacent public right-of- way is maintained and cleaned on a daily basis and so that particulate-laden water will not be deposited into the storm drain. d) As conditioned, equipment and materials stored on-site would maintain a setback of 185 and 240 feet from the west and east side property lines, respectively. This project is Categorically Exempt pursuant to Section 15304, (Class 4) of Title 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 04-017 authorizing the temporarily storage of construction materials and equipment on a 4.41 acre vacant site comprised of portions of Lot 65 and Lot 80 in Block 10 of Irvine's Subdivision, as shown on a map recorded in Book 1 Page 88 of miscellaneous record maps, Records of Orange County, California (Assessor's Parcel Nos. 430-251-01, 02, and 08) for up to eighteen (18) months for a regional water and sewer line improvement project, subject to conditions contained in Exhibit A attached hereto. Resolution 3917 Page 3 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 14th day of June, 2004. &~ ~..~ ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3917 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of June, 2004. ádd.d~ ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 04-017 JUNE 14, 2004 GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 The proposed use shall substantially conform with the plans for the project date stamped June 14, 2004, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development. The construction staging yard shall be removed and the site cleared no later than December 14, 2005. Conditional Use Permit 04-017 is only valid while an active encroachment permit is maintained for public right-of- way improvements throughout the City of Tustin. If the encroachment permit is terminated, the applicant shall remove all trailers, equipment, and materials from the site within twenty-four hours of being notified by the City. Violation of any conditions may be cause for the City to revoke the permit and to require interior trailer operations to cease immediately and the applicant to clear the site within 48 hours of being notified by the City that the permit has been revoked. As determined by a City Code Enforcement Officer, any violation of any of the conditions imposed by this permit is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. The applicant shall be responsible for costs associated with any necessary code enforcement action. The applicant and property owner 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. ----, 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 - Resolution 3917 CUP 04-017 Page 2 (1 ) 1.6 PLANNING (*) 2.1 (*) 2.2 (*) 2.3 (*) 2.4 (1 ) 2.5 Approval of Conditional Use Permit 04-017 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. All on-site trailers shall be padlocked at all times they are not occupied. Residential occupancy or uses are not permitted in anyon-site trailers at any time. Hours of operation, noise regulations, and all activities related to construction staging yard shall be in accordance with Encroachment Permit Nos. 3887, 3888, and 3895 issued for City-wide sanitary sewer and water line improvements No business signs are requested or permitted in association the construction staging yard. All businesses that will be operating within the City of Tustin in association with the construction staging yard, including event setup and clearing, shall be required to obtain a valid City of Tustin Business License. BUILDING AND SAFETY (1 ) 3.1 (*) 3.2 (*) 3.3 Temporary fencing not to exceed six feet high with a visual screen shall be maintained around the perimeter of the site for the duration of the use. If lighting is desired for night-time operations or is required by the California Department of Occupational Safety and Health Administration, the applicant must first submit a photometric lighting plan to the Building and Safety Division. No lighting shall be permitted which would have a negative impact on adjacent properties or the public right-of-way. The applicant shall obtain an electrical permit for any proposed temporary lighting. No tents and/or canopies are requested; therefore, none are permitted for Conditional Use Permit 04-017. Exhibit A - Resolution 3917 CUP 04-017 Page 3 (*) 3.4 (*) 3.5 (*) 3.6 (3) 3.7 The applicant shall maintain a gravel surface, in good condition, on all on- site vehicle route surfaces where there is no existing paving Three (3) driveway width wheel carriages shall be maintained at the point where vehicles exit onto Valencia Avenue. Upon completion of the use, the applicant and/or property owner shall be responsible for site clean up to restore the site to the original condition and shall provide geotechnical verification that the site is cleaned subject to approval of the City. Within 10 days from approval of Planning Commission Resolution No. 3917, the applicant shall provide a cash or surety bond to the City in an amount no less than $10,000 to ensure that the timely removal of construction trailers, equipment, and materials occurs upon termination of the use or in the event the permit is revoked. If necessary, the bond money will be used to fulfill the site clearing requirements of this condition. Within 10 days of approval of Resolution No. 3917, the applicant must also provide the City with a right-of-entry letter from the property owner to allow the City or its agent to remove any construction equipment, vehicles, machinery, fencing, soil, refuse, recyclables, or other supplies if the applicant or property owner fails to do so upon notice from the City. All non-construction trailers (office trailers) shall comply with the requirements of Title 24 of the California Code of Regulations (Handicap Accessibility) regulations including paved accessible parking spaces and Title 25 of the California Code of Regulations (Manufactured Structures - Anchorage Requirements). PUBLIC WORKS (1 ) 4.1 (1) 4.2 (*) 4.3 The applicant shall be responsible for ensuring that the site, public right-of- way, and adjacent properties are continually free of trash and debris generated by the use. The applicant shall promptly clean up gravel, dirt, or other debris deposited on public streets associated with this use. Any damage resulting from the permitted activity to existing street improvements and utilities shall be repaired at no cost to the City to the satisfaction of the City Engineer. A revised site plan shall be provided within 10 days from approval of Planning Commission Resolution No. 3917, at a minimum scale of 1" = 40', showing all property lines, the dimensions of all critical areas, a north arrow, adjacent streets, adjacent sidewalks, the driveway, and existing and proposed easements. The plans must show that ingress and egress of vehicles and movement of equipment and supplies occurs exclusively from Valencia Avenue. The truck turning radius from Valencia Avenue to Exhibit A - Resolution 3917 CUP 04-017 Page 4 (1 ) 4.4 (*) 4.5 (1 ) 4.6 the equipment storage yard must be included on the revised site plan. The plans must demonstrate that proposed use is at least one hundred (100) feet from the west and east property lines and from all Temporary Construction Easements (TCE) acquired by the City for construction of the future Newport Avenue extension between Edinger and Valencia Avenues, and for the future northbound State Route 55 ramp reconfiguration. The site plan must show a layout and/or survey of the property which establishes the 100 foot buffer area. The survey must show the TCE and indicate that the proposed use is not over any existing easements which limits access by utility companies. If the submitted plan demonstrates that the existing yard is within the TCE or any access easements, the yard must be relocated. The applicant shall not alter the condition of or construct any improvements or structures within the public right-of-way without approval from the City's Public Works Department. A Transportation/Overlimit Permit shall be required for all extra-legal loads on City streets as defined in Section 320.5 of the California Vehicle Code. Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained and applicable fees paid to the Public Works Department. WA TER QUALITY (*) 5.1 (1 ) 5.2 (1 ) 5.3 Best Management Practices (BMPs) Nos. 1, 5, 7, 8, 9, 11, 12, 13, 14, 15, 18, 19, 21, 23, and 24 as identified in the City's Best Management Practices Handbook shall be implemented on an ongoing basis during construction to protect surface waters and prevent soil, wastes, or pollutants from moving off-site during a storm. Potential pollutants include, but are not limited to, paints, stains, sealants, glues, fuels, oils, lubricants, fertilizers, etc. Storage of such materials shall occur in a specified and controlled temporary area on-site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, State, and Federal regulations. The Community Development and Public Works Departments may require additional BMPs as necessary. This development shall comply with all provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. Soil erosion and on-site spills shall be contained and drainage maintained on-site with no drainage runoff from the site. The property owner and applicant shall provide written consent and authorization to enter the property for the purpose of conducting compliance assessments with BMPs. An authorized inspector may Exhibit A - Resolution 3917 CUP 04-017 Page 5 (1 ) 5.4 FEES (1 ) 6.1 inspect the property for the purpose of verifying compliance with Chapter 4 of the Tustin City Code (Water Quality Ordinance). When loading or transporting any earth, sand, ground, rock, stone, or other excavated material or debris, such material shall be prevented from blowing or spilling onto the public right-of-way or adjacent private property. The applicant shall be responsible for maintaining public rights-of-way in a condition reasonably free of dust, earth, or debris attributed to the construction activities. If any debris is deposited within the right-of-way or adjacent property, the applicant shall be responsible for removing the material immediately. Within forty-eight (48) hours of project approval, the applicant needs to 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