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HomeMy WebLinkAboutCC RES 99-45 RESOLUTION NO. 99-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ] APPROVING CONDITIONAL USE PERMIT 99-005 TO ESTABLISH AN 2 ANCILLARY BANQUET FACILITY WITHIN AN EXISTING AUTO SALES/MUSEUM AND AUTO REPAIR BUILDING AT 36 AUTO CENTER 3 (TUSTIN AUTO CENTER). 4 The City Council of the City of Tustin does hereby resolve as follows: 5 I. The City Council finds and determines as follows: 6 ? A. That a proper application, Conditional Use Permit 99-005, was filed by MacPherson Properties requesting authorization to establish an ancillary 8 banquet facility (approximately 5,500 square feet gross floor area) within an 9 existing building in Tustin Auto Center. ~0 B. That on May 24, 1999, the Planning Commission recommended approval of ~ Zone Change 99-002 to conditionally allow ancillary banquet facilities within the East Tustin Auto Center Planned Community and Conditional Use ~2 Permit 99-005 to allow establishment of a 5,500 square foot ancillary banquet hall at 36 Auto Center Drive. 13 ~4 C. That a public hearing was duly called, noticed and held for said application on June 7, 1999 by the City Council. 15 ~6 D. 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 resrding or working in the neighborhood of such proposed use, evidenced by the ~8 following findings: 19 a) The proposed facility, as conditioned, would not be detrimental to, or 20 have a negative effect on, surrounding properties in that the 2~ proposed facility is located within a commercial business center where sufficient traffic capacity and parking is available. 22 b) The proposed use, as conditioned, will not be detrimental to the 23 health, safety, morals, comfort and general 'welfare of persons 24 residing or working in the neighborhood in that all activities would take place within an enclosed building. Requests for outdoor events 25 would be considered on a case'by case basis and would be limited 26 to four times a year. (one per calendar quarter). 27 c) All food and beverage services are provided by catering services and operate in accordance with the requirements of the applicable 28 regulatory agency such as the Orange County Health Services and 29 the State Department of Alcoholic Beverage Control. Resolution No. 99-45 Page 2 E. A Negative Declaration has been adopted for this project by the City 2 Council in accordance with the provisions of the California Environmental 3 Quality Act (CEQA). 4 F. That approval of CUP 99-005 is contingent upon approval of Zone Change - 99-002 by the City Council. 5 6 II. The Tustin City Council hereby approves CUP 99-005 to establish an ancillary banquet facility at 36 Auto Center Drive, subject to the conditions contained in ? Exhibit A, attached hereto. 8 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 7th day of June, 1999. R ILLS WO LE Mayor ]5 PAMELA STOKER z6 City Clerk z? STATE OF CALIFORNIA ) ~s COUNTY OF ORANGE ) SS CITY OF TUSTIN ) ].9 CERTIFICATION FOR RESOLUTION NO. 9945 20 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, Califomia, does hereby certify that the whole number of the members of the City Council 22 Of the City of Tustin is 5; that the above and foregoing Resolution No. 9945 was duly and 23 regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 7th day of June, 1999. 24 COUNCILMEMBERAYES: WORLEY, THOM~S~ DOYLE', POTTS, SALTARELLI 25 COUNCILMEMBER KIOES~ NONE :6 COUNCILMEMBER ABSTAINED: NONE COUNCILMEMBER ABSENT: NONE 27 28 PAMELA STOKER City Clerk EXHIBIT A CONDITIONAL USE PERMIT 99-005 CONDITIONS OF APPROVAL RESOLUTION NO. 99-45 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped June 7, 1999 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. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with. as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits are issued within twelve (12) months of the date of this Exhibit and substantial construction 'is underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 99-005 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. *** 1.6 Approval of Conditional Use Permit is contingent upon approval by the City Council of Zone Change 99-002. 1.7 Amendments to Conditional Use Permit 99-005 may be. considered and approved by the Planning Commission. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODEIS (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS Exhibit A - Conditions of Approval Cup 99-005 Page 2 PLAN SUBMITTAL (5) 2.1 At the time of building permit. application, the plans shall comply with the latest adopted Uniform Building Code, other related codes, City Ordinances, and State and Federal laws and regulations. (1) 2.2 If interior improvements are proposed, in compliance with the Uniform Building Code (Application for Permit), the applicant, designer, Architect or Engineer must submit construction drawings (building plans) to the Building Division for~ review and approval prior to the issuance of a building permit. USE RESTRICTIONS (2) 3.1 Parking spaces designated for the banquet facility in the approved parking analysis and site plan shall be unobstructed and available during all banquet events. *** 3.2 Banquet and assembly uses shall be associated with and accessory to the Auto Museum use. (2) 3.3 All banquet events are to be held within the enclosed building. No outdoor activity other than loading and unloading associated with catering services and valet parking is allowed, unless approved by Community Development Department. (5) 3.4 All regulations of the Uniform Building Code and the Fire Department regarding assembly occupancy classification, fire rating and exiting standards shall be met during all events. *** 3.5 No outdoor event or live entertainment is permitted unless otherwise a pproved by the Community Development Department. *** 3.6 Banquet events shall be held only on the ground level of the structure as designated on the approved Floor Plan. *** 3.7 A maximum of 369 persons may attend an event at the banquet facility based on the availability of 123 parking spaces available exclusively for banquet facility, unless otherwise approved by the Community Development Department. *** 3.8 Four times a year, the Community Development Director may approve a Temporary Use Permit 'for events that exceed the 369 person limit if sufficient parking is provided. Exhibit A - Conditions of Approval Cup 99-005 Page 3 (2) 3.9 If, at any time in the future, the City is made aware and concurs that a parking problem exists at the subject site as a result of insufficient on-site parking availability, then the Community Development and Public Works Departments may require the property owner to submit a revised parkling demand 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, 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 to be limited to, the following: a. Reduce the demand for parking by a decrease in the number of event participants. b. Provide additional parking as 'needed, up to 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 C. ommunity Development Director. FIRE DEPARTMENT (5) 4.1 Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic' fire sprinkler system in any structure to the OCFA for review and approval. This includes. any alteration or addition to the sprinkler system. Prior to issuance of a Certificate of Occupancy, this system shall be operational in a manner meeting the approval of the Fire Chie~ (5) 4.2 Plans for review and approval shall be submitted to the Fire Chief as indicated on the OCFA Plan Submittal Criteria form. Contact the Orange County Fire Authority at (714) 744-0403 for a copy of the Fire Safety Site/Architectural Notes to be placed on the plans prior to submittal. Occupancy separations will be required between the proposed A2.1 Occupancy and the existing occupancy. (5) 4.3 Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the fire Chief for review and approval. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. Exhibit A - Conditions of Approval Cup 99-005 Page 4 FEES (1) 5.1 Prior to issuance of any building permits, payment shall be made of all applicable building plan check, signs, design review and permit fees to the Community Development Department based upon the most current schedule. 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) 5.2 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 $38.00 (thirty eight dollars) to enable the City to file the appropriate environmental documentation for the project. ff 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.