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HomeMy WebLinkAboutPC RES 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 Plan 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 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. 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). H. 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. Resolution, No. 4393 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting, on the 1 Otis day of September, 2019. TES iOZAli Chairperson JwW2ABETH A. BINSACK la nning 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 101h day of September, 2019. PLANNING COMMISSIONER AYES: Gallagher, Jha, Kozak, Thonipson (4) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Ma son jreELOBETH A. BINiSACK Planning Commission Secretary EXHIBIT A RESOLUTION N0. 4393 CONDITIONAL USE PERMIT 2019-00015 CONDITIONS OF APPROVAL GENERAL a A 1 (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 pians 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 CODEIS (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 1f 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 ResdUtion 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 withiin, the building, except for the services of dispensing oil), water, air and the replacement of wiper blades, hand washing, waxing, pollishing 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. 21 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 vendiing 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) 21.11 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 Official, 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