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HomeMy WebLinkAbout06 PC REPORT CUP 2019-00015 US AUTOMOTIVE • AGENDA REPORT ITEM #6 MEETING DATE- SEPTEMBER 10, 2019 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2019-00015, A REQUEST TO ESTABLISH AND OPERATE AN AUTOMOTIVE SERVICE AND REPAIR CENTER WITHIN AN EXISTING INDUSTRIAL BUILDING APPLICANT: US AUTO TRUST NEWPORT BEACH, LLC 10250 CONSTELLATION BOULEVARD, SUITE 2850 LOS ANGELES, CA 90007 PROPERTY OWNER: JOSEPH KAZEMI CHAMBERS ROAD, LLC 1111 BELL AVENUE TUSTIN, CA 92780 LOCATION: 14332 CHAMBERS ROAD GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS (PCCB) ZONING: PLANNED COMMUNITY INDUSTRIAL (PC-IND) ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15301, CLASS 1 REQUEST: TO ESTABLISH AND OPERATE AN AUTOMOTIVE SERVICE AND REPAIR CENTER WITHIN AN EXISTING 20,348-SQUARE-FOOT INDUSTRIAL BUILDING , S� 14332 Chambers Road Planning Commission Report September 10, 2019 CUP-2019-00015 Page 2 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4393, approving the establishment of an automotive service and repair center within an existing 20,348-square-foot industrial building located at 14332 Chambers Road. APPROVAL AUTHORITY: Pursuant to Subsection E of Section VI of the Planned Community District Regulations for the Irvine Industrial Complex, automotive service and repair, not to include automotive body and paint establishments and operations, are conditionally permitted. Section 9291c of the Tustin City Code gives the Planning Commission the authority to evaluate and grant requests for conditional use permits. BACKGROUND: Project Site and Surrounding Uses The property at 14332 Chambers Road is located within the Planned Community Industrial (PC-IND) zoning district and subject to the Irvine Industrial Complex Planned Community District Regulations. The General Plan designation is Planned Community Commercial/Business (PCCB), which allows for light industrial and professional office uses. The subject property is located on Chambers Road, midblock between Michelle Drive and Franklin Avenue. The project site is located on an existing industrial property and developed with a one-story building with approximately 20,348 square feet (Figure 1). 14332 Chambers Road ` w Figure 1 —Area Map Planning Commission Report September 10, 2019 CUP-2019-00015 Page 3 In 1989, the Tustin City Council adopted Ordinance No. 1035 approving Zoning Amendment 89-01 to amend the Irvine Industrial Complex Planned Community to add automotive service and repair as a conditionally permitted use. A Negative Declaration was prepared in conformance with the California Environmental Quality Act (CEQA) and it was determined that the use would not cause a significant effect on the environment. These uses are consistent with the General Plan in that the General Plan recommends that industrial areas be preserved and protected against encroachments of conflicting and non-compatible land uses and automotive service and repair uses are not incompatible with existing uses currently permitted in the Planned Community District. PROJECT DESCRIPTION: The applicant is requesting approval to use the existing 20,348-square-foot industrial building for an automotive service and repair center for a luxury automotive dealership (Aston Markin) based in Newport Beach. The proposed floor plan consists of a front office area that includes a waiting area for customers. The central function of the automotive service and repair center would operate in the existing 18,000-square-foot manufacturing/warehousing area. The automotive use would occupy 9,422 square feet of the building and consist of six (6) service bays and with the remainder of the square footage dedicated to storage (Figure 2). t A - clei fi ►� r- I' ,y 4MpUN_tYNW: .trf xb,: V.V¢INIUSt q'AIU 94,: Figure 2- Proposed Floorplan The proposed automotive service and repair center would operate as a secondary function to the automotive dealership. Majority of the vehicles would arrive for service via "towing or concierge service from the Newport Beach location or the customer's requested pick-up location. Eight (8) service appointments per day are expected to be scheduled. Planning Commission Report September 10, 2019 CUP-2019-00015 Page 4 ANALYSIS: Use and Compatibility The project consists of a CUP for a proposed automotive service and repair center located within an existing building. With respect to the proposed site, the building was developed. as an industrial building in the mid-1 970s with office and warehouse space. The front office was recently rebuilt and the remainder of the building was remodeled. The applicant proposes to occupy the entire industrial building with a total floor area of 20,348 square feet. The applicant presently operates an existing luxury dealership and service center in Newport Beach (Aston Martin), and the applicant is proposing to move the service center to Tustin. Automotive services that would be offered on-site would include the following: routine annual services, diagnostics, specialty mechanical services, performance enhancement services, tire replacement and wheel alignment services, vehicles detailing, and wholesale parts sales. At the present service center, a majority of customers utilize the concierge or towing services, and customer vehicle drop-off is minimal. An anticipated maximum of eight (8) employees would operate the facility and approximately eight (8) service appointments per day are expected to be scheduled. The property was recently remodeled and the only exterior change would be new signage. The PC-IND zoning and the associated Planned Community District Regulations for the Irvine Industrial Complex allow uses such manufacturing, assembly, warehousing, laboratories, and other light industrial uses. As proposed and conditioned, the automotive service and repair center would be compatible with the existing surrounding uses in that all activities would take place inside a secure stand-alone building. Pedestrian access to the building would be provided by double doors fronting Chambers Road. Vehicles would enter the site from one of two driveways on Chambers Road and access to the building (for vehicles in need of services and/or repairs) would be provided by roll-up doors accessed from the parking lot to the north of the building. The building layout would consist of a front office area, reception and waiting area, lunch room, six (6) service bays, alignment equipment, and storage for parts and occasional ovemight parking. Business Hours The proposed activities would take place throughout the day, during typical office hours. Eight (8) service appointments per day are expected to be scheduled. Customers that choose to drop-off their vehicles will have the option to wait with their vehicles; however, this would not be typical. The applicant has proposed the following business hours: Days: Hours: Monda - 1=rida 8:00 a.m. -- 5:00 .m. Planning Commission Report September 10, 2019 CUP-2019-00015 Page 5 The proposed business would operate at similar operating hours as other businesses in the area. Parking Manufacturing uses shall require two (2) parking spaces for each three (3) employees but in no event less than two (2) spaces for each 1,000 square feet of gross floor area, plus one (1) space for each vehicle operated from and stored at the subject site. Warehousing shall require two (2) parking spaces for each three (3) employees, but in no event less than one (1) space for each 1,000 square feet of gross floor area for the first 20,000 square feet. Office uses less than ten (10) percent of the gross floor area does not require additional parking. x y" ooc w 0000uHmx nt a mak. 6 Building Area(20.348 Sq"FL) -44 �vi..ci w�u90 / `A, I F L ��\�►�\ � Ty oac.�m�mnmwt h Lot Sim(46,783 Sq..Ft") Figure 3: Site Plan and Parking Spaces According to the submitted plans, twenty-eight(28) parking spaces can be provided on the project site. The parking lot is located to the north of the existing existing building, which includes customer parking and separated gated parking (Figure 3). No vehicles are expected to be stored in the parking lot. For parking purposes, the proposed layout is Planning Commission Report September 10, 2019 CUP-2019-00015 Page 6 divided by office, manufacturing, and warehousing uses. The table below (Table 1) provides a parking summary: Parking Ratio Parking Spaces Required Office(±10% of building) Exempt 0 spaces (2,000 square feet) Manufacturing 2 spaces for each 1,000 19 spaces (9,422 square feet) square feet, plus 1 space for each vehicle stored at the subject site Warehousing 1 space for each 1,000 9 spaces (8,900 square feet) square feet Total Parking Required: 28 Spaces Total Parking Provided: 28 Spaces Table 1: Parking by Use Given the proposed layout and number of employees, there would be an appropriate number of parking spaces for the proposed use; therefore, the proposed use would not likely generate negative impacts to the surrounding tenants from foot traffic, parking availability, and noise. Should a parking problem arise in the future, staff has provided Condition 1.8 that would allow for the review of the CUP and require additional mitigation measures. Noise The noise impacts to surrounding businesses are expected to be minimal in that the activities will take place inside the building and the use does not have shared walls with other businesses. As conditioned, the applicant is required to comply with the Tustin Noise Ordinance, which may involve installing sound attenuation material in order to diminish noise generated by the automotive service and repair activities. Should a noise problem arise in the future, staff has provided Condition 1.8, which may require the applicant to implement noise mitigation if it its deemed that .negative impacts are occurring in violation of City regulations and conditions of approval. ENVIRONMENTAL: This project is categorically exempt from further environmental review pursuant to CEQA Section 15301, Class 1, "Existing Facilities" in that the project site is an existing facility, involves minor alterations to the structure and negligible expansion to an existing industrial use. Planning Commission Report September 10, 2019 CUP-2019-00015 Page 7 FINDINGS: In determining whether to approve the CUP for the automotive service and repair center, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, 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. A decision to approve this request may be supported by the following findings: 1) Subsection E of Section VI of the Planned Community District Regulations for the Irvine Industrial Complex, allows automotive service and repair uses, not to include automotive body and paint establishments and operations, provided the use occupies an entire building, as conditionally permitted uses. 2) The use applied for is consistent with the PCCB Land Use Designation of the City's General Plan. The purpose and intent of this designation is to provide for a wide variety of commercial and industrial uses, including such uses that serve businesses and residents. 3) The proposed automotive service and repair center is located in a stand-alone building and occupies the entire building; therefore, potential conflicts between the use and surrounding businesses is not anticipated based on the conditions to be imposed. 4) As conditioned, the proposed automotive service and repair center is consistent with the Auto Service and Design Guidelines as adopted by the City Council per Resolution 98-61 on August 3, 1998. 5) No automotive body and paint operations would take place and all work would be performed within the building and all activities would be subject to the City's Noise Ordinance, which would reduce potential to impact the surrounding properties. 6) The proposed use is not anticipated to result in any parking impacts because adequate parking is provided on-site. 7) As conditioned, CUP-2019-00015 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with CUP-2019-00015 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. 8) The City's Public Works Department, Police Department and Building Division have reviewed and support the development of the proposed project, as. conditioned. Planning Commission Report September 10, 2019 CUP-201 9-00015 Page 8 j Jessic I r Elizabeth A. Binsack Associate Planner Director of Community Development Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Resolution No. 4393 ATTACHMENT A LOCATION MAP 300 ft, 500 ft, and 1,000 ft Radius Map ��awlw�wd i Flask Sir f{` 1,000 ft 500 ft r 300 ft �f r Y \ I ♦� rI ♦ r ♦ .I ` r N' � f Location Map 14332 Chambers Road Project # CUP-2019-00015 ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT (CUP)2019-00015 2. LOCATION: SOUTHEAST SIDE OF CHAMBERS ROAD (IRVINE INDUSTRIAL COMPLY 3. ADDRESS: 14332 CHAMBERS ROAD 4. APN: 432-472-05 5. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: NA 6. SURROUNDING LAND USES AND ZONING DESIGNATIONS: NORTHEAST: PC-IND (PLANNED COMMUNITY INDUSTRIAL) SOUTHEAST: PC-IND SOUTHWEST: PC-IND NORTHWEST: PC-IND 7. SURROUNDING GENERAL PLAN DESIGNATIONS: NORTHEAST: PCCB (PLANNED COMMUNITY COMMERCIAL/BUSINESS) SOUTHEAST: PCCB SOUTHWEST: PCCB NORTHWEST: PCCB 8. SITE LAND USE: A. EXISTING: INDUSTRIAL PROPOSED: AUTOMOTIVE SERVICE CENTER B. ZONING: PC-IND PROPOSED: SAME C. GENERAL PLAN. PCCB PROPOSED: SAME DEVELOPMENT FACTS: 9. LOT AREA: 47.916 SQUARE FEET/1.1 ACRES 10. BUILDING AREA: 20.348 SQUARE FEET 11. PARKING: Parking Ratio Parking Spaces Required Office (+10% of building) Exempt 0 spaces (2,000 square feet) Manufacturing 2 spaces for each 1,000 19 spaces (9,422 square feet) square feet, plus 1 space for each vehicle stored at the subject site Warehousing 1 space for each 1,000 9.spaces (8,900 square feet) square feet Total Parking Required: 28 Spaces Total Parking Provided: 28 S aces 12. TENANT IMPROVEMENTS: AUTOMOTIVE SERVICE AND REPAIR EQUIPMENT 13. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY(I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.): C2017-0202 (DEMO & REBUILD EXISTING'FRONT OFFICE-2,348 SQURE FEET) ATTACHMENT C SUBMITTED PLANS lie Fav 19 z w 0 1,4 0 L) co LLI 1�ty G estla mF� O aair�a�tinisinoo HOH3H iKdM3N NUIVA NOiSb' 3� , 0 0 _L Z ? C-4 Lm o.! -------------- um t l ` ATTACHMENT D RESOLUTION NO. 4393 RESOLUTION NO. 4393 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2019.00015 AUTHORIZING THE ESTABLISHMENT AND OPERATION OF AN AUTOMOTIVE SERVICE AND REPAIR CENTER LOCATED AT 14332 CHAMBERS ROAD. The Planning Commission does hereby resolve as follows: 1. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2019- 00015 was filed by US Auto Trust Newport Beach, LLC, requesting authorization to establish and operate an automotive service and repair center within an existing 20,348-square-foot industrial building located at 14332 Chambers Road. B. That the Irvine Industrial Complex Planned Community District regulations and the Planned Community Commercial/Business General Pian land use designation provide for a variety of commercial and industrial uses. 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. C. That a public hearing was duly called, noticed, and held for CUP- 2019-00015 on September 10, 2019, by the Planning Commission. 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, 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) Subsection E of Section VI of the Planned Community District Regulations for the Irvine Industrial Complex, allows automotive service and repair uses, not to include automotive body and paint establishments and operations, provided the use occupies an entire building, as conditionally permitted uses. 2) The use applied for is consistent with the PCCB Land Use Designation of the City's General Plan. The purpose and intent of this designation is to provide for a wide variety of commercial and industrial uses, including such uses that serve businesses and residents. 3) The proposed automotive service and repair center is located in a stand-alone building and occupies the entire building; Resolution No. 4393 Page 2 therefore, potential conflicts between the use and surrounding businesses is not anticipated based on2 the conditions to be imposed. 4) As conditioned, the proposed automotive service and repair center is consistent with the Auto Service and Design Guidelines as adopted by the City Council per Resolution 98-61 on August 3, 1998. 5) No automotive body and paint operations would take place and all work would be performed within the building and all activities would be subject to the City's Noise Ordinance, which would reduce potential to impact the surrounding properties. 6) The proposed use is not anticipated to result in any parking impacts because adequate parking is provided on-site. 7) As conditioned, CUP-2019-00015 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with CUP-2019-00015 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. 8) The City's Public Works Department, Police Department and Building Division have reviewed and support the development of the proposed project, as conditioned. E. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). il. The Planning Commission hereby approves CUP-2019-00015 authorizing the establishment and operation of an automotive service and repair center located within an existing 20,348-square-foot industrial building located at 14332 Chambers Road, 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 10th day of September, 2019. STEVE KOZAK Chairperson Resolution No. 4393 Page 3 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 Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4393 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of September, 2019. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4393 CONDITIONAL USE PERMIT 2019-00015 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 10, 2019, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request and associated fee are received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit (CUP) 2019-00015 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 notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Community Development Director, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. 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 Exhibit A Resolution No.4393 CUP-2019-00015 Page 2 (1) 1.7 CUP-2019-00015 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with the conditions of approval or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.8 If in the future the City's Community Development Director, Police. Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis, traffic study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide measures to be reviewed and approved by the Community Development Department, Police Chief; and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a) Establish alternative hours of operation, b) Provide additional parking, or c) Provide noise attenuation improvements. (1) 1.9 As a condition of approval of CUP-2019-00015, 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. USE RESTRICTIONS *** 2.1 The project shall consist of an automotive service and repair center and consist of (6) service bays. Business operations shall not include automotive body and paint operations. Exhibit A Resolution No.4393 CUP-2019-00015 Page 3 *** 2.2 Drive-up and drop-off customers shall have a designated waiting area inside the office area of the building. (7) 2.3 Service operations shall be entirely within the building, except for the services of dispensing oil, water, air and the replacement of wiper blades, hand washing, waxing, polishing vacuuming vehicle interior, which shall take place only in areas designated on approved plans for such activities. (7) 2.4 All vehicles that are not being worked on within the building shall be parked only within designated marked parking spaces or inside the warehouse. No parking shall be permitted in front of the roll up doors or any drive aisle. (7) 2.5 Parking areas shall be preserved at all times for the parking of motor vehicles. All drive aisles shall remain unobstructed. Car washing prep work, such as vacuuming, shall be permitted in the designated areas only. (7) 2.6 No outdoor storage or display of materials shall be permitted except allowed by the Zoning Code. *** 2.7 Any graffiti painted or marked upon the premises or any adjacent area under control of the property owner or the business hall be removed or painted within twenty-four(24) hours of being applied. (7) 2.8 Vending machines shall be located within the enclosed building. Outdoor vending activities are prohibited. (7) 2.9 The storage of junk or permanently disabled or wrecked automobile shall not be permitted. Used or discarded automotive parts of equipment shall not be located outside of the approved building except within the designated trash area. No inoperative vehicles shall be parked on the site outside the building, including marked parking spaces. (7) 2.10 Storage or parking of trucks or similar vehicle is prohibited. This excludes tow trucks, pick-up trucks, and small vans incidental to the automotive service and repair use. (7) 2.11 Parking and advertising of vehicles for sale and lease is not permitted. *** 2.12 The overall floor area of office space shall not exceed ten (10) percent of the overall floor area of the building unless parking accommodations can be made. Exhibit A Resolution No. 4393 CUP-2019-00015 Page 4 *** 2.13 Provisions shall be made for the storage of used oil and lubricants pending recycling. *** 2.14 All activities shall comply with the City's Noise Ordinance. The applicant shall install, as necessary, interior sound attenuation material to minimize noise and/or vibration impacts on adjacent neighbors. *** 2.15 The business shall maintain a video surveillance system to monitor all doors and parking areas and shall make the video available to the Tustin Police Department upon request. 2.16 All identification signs shall comply with the TCC and the Planned Community District Regulations for the Irvine Industrial Complete and shall be compatible with the building design. Sign plans shall be submitted to the Community Development Department for approval prior to issuance of sign permit. All signage must have a valid sign permit, if applicable. PLAN SUBMITTAL (1) 3.1 Motor vehicle repair garages complying with the maximum allowable quantities of hazardous materials listed in Table 307.1(1) are categorized as moderate-hazard storage, group S-1 occupancy. (1) 3.2 Repair garages shall be constructed in accordance with California Fire Code and California Building Code, sections 406.8.1 through 406.8.6. This occupancy shall not include motor fuel-dispensing facilities. (1) 3.3 Ventilation and heating equipment shall be provided per California Mechanical Code. (1) 3.4 Repair garages for repair of vehicles fueled by non-odorized gasses shall be provided with gas detection system. (1) 3.5 Repair garages shall be equipped with automatic fire sprinkler system in accordance with CBC section 903.2.9.1. (1) 3.6 The applicant/contractor is required to submit a Construction and Demolition Waste Recycling and Reduction Plan (WRRP) to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (TCC Section 4351, et al) to recycle at least 65 percent of the project waste material or the amount required by the California Green Building Standards Code. Exhibit A Resolution No.4393 CUP-2019-00015 Page 5 A. The applicant will be required to submit an application fee for fifty-dollars and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in the following amounts: a. Multi-family/Commercial. All multi-family and commercial projects shall submit a security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Oficial, rounded to the nearest thousand. The deposit amount will be collected in accordance with the TCC. b. Prior to issuance of a (demolition, grading, or building) permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". FEES (1) 4.1 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 fifty dollars ($50.00) 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) 4.2 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of application submittal and/or permit issuance and are subject to change. a. Building and Planning plan check and permit fees b. OCFA permit fees