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HomeMy WebLinkAboutCUP 02-025 DATE: TO: FROM: SUBJECT: FEBRUARY 24, 2003 ~~V~ Inter-com_ ZONING ADMINISTRATOR COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONAL USE PERMIT 02-025 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: PRISCILLA "BO" MOORE MARCONI AUTOMOTIVE MUSEUM 1302 INDUSTRIAL DRIVE TUSTIN, CA 92780 RICHARD MARCONI MARCONI AUTOMOTIVE MUSEUM 1302 INDUSTRIAL DRIVE TUSTIN, CA 92780 1302 INDUSTRIAL DRIVE PACIFIC CENTER EAST SPECIFIC PLAN ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: AUTHORIZATION FOR THE ESTABLISHMENT OF AN ACCESSORY BANQUET FACILITY AT THE EXISTING MARCONI AUTOMOTIVE MUSEUM RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 03-002 approving Conditional Use Permit 02-025 to establish an accessory banquet facility at the existing Marconi Automotive Museum. . Zoning Administrator Report Conditional Use Permit 02-025 February 24, 2003 Page 2 ~- Proiect Description The MarconLAutomotive Museum is located within the Pacific Center East Specific Plan (see Attachment A - Location Map). The property is currently improved with an existing industrial building which is occupied by the non-profit Marconi Automotive Museum. The building has 1,270 square feet of office area, 2,852 square feet of storage and mechanical area, and 18,320 square feet of museum area. The applicant wishes to utilize a portion of the museum area as an accessory banquet facility to hold up to seventy-two (72) special events such as corporate parties, weddings, etc., each year. The applicant also wishes to hold up to twenty-four (24) outdoor events each year. Since outdoor events will not be conducted on a regular basis, a temporary use permit process would be more appropriate to allow occasional special outdoor events. Condition No. 3.1 would require the applicant to obtain a Temporary Use Permit prior to conducting an outdoor event. Parking The site is currently improved with seventy-five (75) on-site parking spaces. Since there are 1,270 square feet of office area with a parking ratio of one (1) space for each 250 square feet, a total of five (5) spaces would be required for the office portion of the building. The remaining 70 parking spaces could be used for banquet parking. At a ratio of one (1) space for every three seats, a total of 210 persons could be accommodated. Condition No. 3.1 of Zoning Administrator Action No. 03-002 (Attachment 3) would limit the occupancy to a maximum of 21 0 persons. /.- The applicant has also indicated that valet or off-site parking may be provided for events. To ensure valet parking will be operated in a safe manner, Condition 3.2 would require the applicant to submit proof of authorization to the Community Development Director from the property owner(s) where parking is to be provided. Any changes to the valetloff- site parking arrangements would need to be approved in writing by the Community Development Director. FINDINGS A decision to approve this request is supported by the following findings: 1. That the establishment, maintenance, and operation of an accessory banquet facility will not 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: .r---- Zoning Administrator Report Conditional Use Permit 02-025 February 24, 2003 Page 3 a. The incidental operational characteristics of the banquet facility would be appropriate for the location. As conditioned, a maximum of seventy-two (72) indoor events and twenty-four (24) outdoor events per calendar year- could be held. The frequency of events would be incidental to the operation of a museum which is considered to be permitted by the Community Development Director under Section 4.5.E of the Pacific Center East Specific Plan. b. With the limitation of occupancy to 210 persons, for regular events, there would be sufficient parking for the existing and proposed uses as evidenced by the submitted plan. c. Outdoor special events would be permitted with the approval of a Temporary Use Permit, provided that sufficient off-site parking is provided. d. The construction of any missing or damaged public improvements adjacent to the project site would ensure adequate pedestrian access to and from the public street and other off-site parking provided to accommodate the banquet events. This requirement complies with the January 19,1987, City Council policy to require construction of sidewalks within industrial areas. (~YJIUW ~ Jusbrla Willkom Associate Planner ~WL<-~/4/ ,~ f{aren Peterson Senior Planner Attachments: A - Location Map B - Submitted Plans C - Zoning Administrator Action No. 03-002 S:\Cdd\ZAREPORT\Cup 02-025 (Marconi).doc Attachment 1 Location Map LOCATION MAP PROJECT NO. ADDRESS cUP 02 -025 1502 Indus+rio.l Dr. "~tln, GA 92180 -.~.- :; N ~ ~ ~ N 'Q .~ nl .~ ! ! I i i ! PACIFIC on.l. 500' N N a _ ~ ~ N ~ ~ nil i I i ) ! I ! i i ! i i ! ! INOtJS1WAl. nlttvc N ~ ~ n__._n~ 15101 j ! I I i "'" 'I ~ ~ . . 5 [' .g ! ~ , i i , t.. 8 , " S"NTA FE DRIVE ..----.. ....U1CAnI/ll ~- Attachment 2 Submitted Plan (Not attached) /- Attachment 3 Zoning Administrator Action 03-002 ZONING ADMINISTRATOR ACTION 03-002 CONDITIONAL USE PERMIT 02-025 1302 INDUSTRIAL DRIVE The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 02-025 was filed by Priscilla "Bo" Moore on behalf of Richard Marconi, requesting authorization to establish an accessory banquet facility in conjunction with the Marconi Automotive Museum located at 1302 Industrial Drive, Tustin. B. That the proposed use as an incidental or accessory use to the museum is permitted within the Pacific Center East Specific Plan, with the approval of a Conditional Use Permit, and within the Planned Community Commercial land use designation of the City of Tustin General Plan which provides 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 on said application on February 24, 2003, by the Zoning Administrator. D. That the establishment, maintenance, and operation of an accessory banquet facility will not 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: a. The incidental operational characteristics of the banquet facility would be appropriate for the location. As conditioned, a maximum of seventy-two (72) indoor events and twenty-four (24) outdoor events per calendar year could be held. The frequency of events would be incidental to the operation of a museum which is considered to be permitted by the Community Development Director under Section 4.5.E of the Pacific Center East Specific Plan. b. With the limitation of occupancy to 210 persons for regular events, there would be sufficient parking for the existing and proposed uses as evidenced by the submitted plan. ~ c. Outdoor special events would be permitted with the approval of a Temporary Use Permit, provided that sufficient off-site parking is provided. Zoning Administrator Action No.03-002 Conditional Use Permit 02-025 d. The construction of any missing or damaged public improvements adjacent to the project site would ensure adequate pedestrian access to and from the public street and other off-site parking provided to accommodate the banquet events. This requirement complies with the January 19, 1987, City Council policy to require construction of sidewalks within industrial areas. E. This project is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit No. 02-025 authorizing the establishment of an accessory banquet facility in conjunction with the Marconi Automotive Museum operation at 1302 Industrial Drive, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 24th day of February, 2003. Elizabeth A. Binsack ZONING ADMINISTRATOR Eloise Harris RECORDING SECRETARY Zoning Administrator Action No.03-002 Conditional Use Permit 02-025 ~ STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 03-002 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 24th day of February, 2003. Eloise Harris RECORDING SECRETARY ~ EXHIBIT A ZONING ADMINISTRATOR ACTION 03-002 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 02-025 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped February 24, 2003, 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 Approval of Conditional Use Permit 02-025 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 Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.4 As a condition of approval of Conditional Use Permit 02-025, 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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Zoning Administrator Action NO.03-002 Conditional Use Permit 02-025 ~. (1) 1.5 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys' fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 The approval of an ancillary banquet facility is contingent upon the facility remaining an automotive museum. If the primary use changes, the banquet facility shall be discontinued. PLAN SUBMITTAL (3) 2.1 No tenant improvements shall be made without obtaining all necessary permits, including but not limited to, a City ofTustin building permit. (3) 2.2 All rooms and areas with an occupant load of 50 persons or more shall have a minimum of two (2) exits and the maximum occupant load shall be posted on the wall in visible locations as approved by the Director of Community Development and the Building Official. USE RESTRICTIONS (1) 3.1 A maximum of seventy-two (72) indoor events with a maximum of 210 persons shall be held during a calendar year. If additional special events with more than 210 persons or outdoor events are proposed, the operator shall obtain a temporary use permit from the Community Development Department. The Director of Community Development may approve a maximum of twenty-four (24) special events each year if sufficient off-site parking is provided. (1) 3.2 If valet or off-site parking is provided, the applicant shall submit authorization to the Community Development Director from the property owner where parking is being provided. The authorization shall state the address of the property, the hours of operation for the business(s) located on the property, the number of parking spaces that may be used, and the days and hours that valet or patron parking is allowed. Any changes to the valet/off-site parking arrangements shall be approved in writing by the Community Development Department. (1) 3.3 The operator shall be responsible for ensuring that patrons do not use other properties for parking. All parking shall be provided on-site or in an approved off-site location in accordance with Condition 3.2 above. Zoning Administrator Action No.03-002 Conditional Use Permit 02-025 ENGINEERING/PUBLIC WORKS (1 ) 4.1 A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to, the following: a) Curb and gutter; b) Sidewalk, including curb ramps for the physically disabled; and, c) Drive aprons. In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, will be required. (1) 4.2 Current Federal American with Disabilities Act (ADA) requirements will need to be met at the drive aprons. The maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron shall be ten percent. Please see attached City of Tustin Standard Drawing No. 209. (1) 4.3 Any damage done to existing street improvements and utilities shall be repaired before acceptance of the project. (1) 4.4 Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from the applicable fees paid to the Public Works Department. (1) 4.5 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 4.6 The City of Tustin is required to comply with State of California Waste Recycling requirements. To facilitate City compliance with this law, the Project Applicant/Contractor is required to submit and obtain approval from the Public Works Department of a Project Recycling Plan prior to the issuance of any grading, encroachment, or building permit. The Project Recycling Plan shall demonstrate recovery and recycling of at least 50 percent of the total waste generated by the project and shall consist of the following components: . In a narrative form, describe efforts which will be utilized to minimize the generation of waste during the project; . Provide an estimate of the total amount of waste to be generated for the entire duration of the project; . Provide an estimate of the total amount of recyclable materials generated by the project, identified by recyclable material type; Zoning Administrator Action No.03-002 Conditional Use Permit 02-025 . Identify waste hauler(s) to be utilized during the project; . Identify recyclable material processing facilities which will be utilized to process materials generated by the project; . Demonstrate that no waste generated by the project will be sent directly to any landfill; . Prior to the issuance of a Notice of Completion or a Certificate of Occupancy, submit a final report to the Public Works Department detailing actual quantities of the items listed above as well as a narrative summary of the recycling efforts implemented during the project; . Prior to issuance of an occupancy permit, the applicant is required to submit recycling plans to the Public Works Department for each project tenant which demonstrates recycling or diversion from landfills of at least 50 percent of the total waste anticipated to be generated by each tenant; and, . Prior to issuance of any grading, encroachment or building permit, applicant is required to submit waste trash enclosure plans to the Public Works Department which demonstrate the provision of adequate physical space to accommodate all planned tenant recycling programs. (1) 4.7 The City of Tustin has contracted with Federal Disposal Services of Santa Ana to provide all waste disposal and recycling services within the Tustin city limits. This is an exclusive contract that prohibits the use of other waste haulers to collect and dispose of any waste materials. FEES (2) 5.1 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 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. (1) 5.2 Payment to the Orange County Sanitation District NO.7 Sewer Connection Fees at the time a building permit is issued. The current fee is $35,907.20 for a high capacity demand facility. With credit from existing average capacity demand facility ($15,148.35), the fee due is $20,758.85. ,.---- ~