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Home My WebLink AboutCC RES 97-12 1 RESOLUTION NO. 97-12 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, UPHOLDING THE PLANNING COMMISSION'S 3 ACTION APPROVING CONDITIONAL USE PERMIT 96- 033, AUTHORIZING THREE MILITARY VEHICLES AND 4 TWO METAL STORAGE CONTAINERS TO BE LOCATED OUTSIDE THE BUILDING AT 125 WEST MAIN STREET. 5 The City Council of the City of Tustin does hereby 6 resolve as follows: 7 I. The City Council finds and determines as follows: 8 A. A proper application, Conditional Use Permit 96-033, has been filed by Vince O'Connor 9 requesting authorization to permit the outside storage of three (3) military vehicles and two 10 (2) metal storage containers located at 125 West Main Street. 1t B. A public hearing was duly called', noticed and 12 held for said application on November 12, 1996 by the Planning Commission, and continued to 13 November 25, 1996 and January 13, 1997. 14 C. That on January 20, 1997, the City .Council appealed the Planning Commission's action on 15 this project. 16 D. That a public hearing was duly called, noticed and held on said appeal by the City Council on 17 February 18, 1997. 18 E. The property ms located in the Central Commercial Parking and Cultural Resource 19 Overlay (C2 - P & CR) Zoning Districts. The use applied for is a conditionally permitted 20 use in the Central Commercial (C-2) District. 21 F. That the establishment, maintenance, and operation of the use applied for will not, 22 under the circumstances of this case, be detrimental to the health, safety, morals, 23 comfort, or general welfare of the persons residing or working in the neighborhood of 24 such proposed use nor be a detriment to the property and improvements in the neighborhood 25 of the subject property, nor to the general welfare of the City of Tustin, as evidenced by 26 the following findings: 27 1. It is appropriate for the military vehicles to be stored on the site since 28 they are associated with the existing commercial use in that the business services and restores various military Resolution No. 97-12 Page 2 1 vehicles. The vehicles provide 2 advertising and easy identification of the business and assist in promoting the 3 use. 4 2~ The proposed project, as conditioned, can be accommodated on the subject site in 5 that there is adequate parking and turn- around area in the parking lot and the 6 rear yard to maintain the vehicles and containers. 7 3. As conditioned, the proposed use is 8 compatible with surrounding uses in the vicinity in that the vehicles will be 9 parked within marked parking spaces and the containers will be painted to match 10 the buildings. 11 4. As conditioned, the proposed use will not negatively impact surrounding uses in 12 that wheel stops and safety devices will be installed to prevent operation by 13 unauthorized persons. 14 G. This project is Categorically Exempt from the requirements of the California Environmental 15 Quality Act, pursuant to Sections 15301 (Class 1). 16 H. That the project has been reviewed for i7 consistency with the Air. Quality Sub-element of the City of Tustin General Plan and has 't8' been determined to be consistent with the Air Quality Sub-element. 19 II. The City CounCil hereby 'upholds the Planning. 20 Commission's action to approve Conditional Use Permit No. 96-033 authorizing the outside storage 21 of three (3) military vehicles and two (2) metal storage containers located at 125 West Main Street, 22 Tustin, subject to the conditions contained in Exhibit A, attached hereto. 23 24 PASSED AND ADOPTED at a regular meeting of the City Council, held on the 18th day of February, 1997. 26 Tracy W~ W 27 Mayor P~ela Stoke~ kJ~ ' City Clerk EXHIBIT A RESOLUTION NO. 97-12 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 96-033 'GENERAL (1) 1.1 The proposed project shall substantially conform to submitted plans date stamped February 18, 1997 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 the plans if such modifications are consistent with the provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any 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 the following items are submitted and installed within the required time frames: 1) prepare a s~fety mechanism plan; 2) install a parking lot sign; 3) install permanent cement wheel stops in the parking lot; and 4) clear the rear yard of materials and supplies. (1) 1o4 Approval of Conditional Use Permit 96-033 is contingent upon the applicant 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 to the City's approval of ~his project. USE RESTRICTIONS (4) 2.1 Safety mechanisms shall be installed and maintained within the military vehiclesto prevent their operation by unauthorized persons, to the satisfaction of the Police Department. A safety mechanism plan shall be submitted for review and approval within 30 days of this approval. SOURCE CODES (1) STANDARD CONDITIONS (***) EXCEPTION (2) PLANNING COMMISSION POLICY (3) MUNICIPAL CODE (4) RESPONSIBLE AGENCY REQUIREMENT Exhibit A Resolution No. 97-12 Page 2 (4) 2.2 A sign shall be maintained on or near the existinq rolling metal gate within the parking lot to clarify tha~ the public is permitted to park within the gated area. Said sign shall be installed within 30 days of this approval. (4) 2.3 The parking spaces shall be clearly striped. If vehicles are to be stored in the rear yard, the parking spaces shall be striped. Cement wheel stops shall be installed adjacent to and north of any permitted military vehicles to prevent them from bumping into the adjacent buildings. A parking lot striping plan shall be submitted to the Community Development Department for review and approval within 30 days of project approval. (4) 2.4 The rear yard shall be cleaned and cleared of outdoor storage of materials and supplies within 60 days from the date of this approval. If a storage bin is installed in this location, it shall be painted to match the building and all materials shall be contained within the bin. (4) 2.5 A maximum of three (3) military vehicles may be permitted to be stored outside the.building at any one time. Said vehicles shall be parked within marked parking spaces. PLAN SUBMITTAL (1) 3ol At building permit plan check, submit three (3) complete sets 0f site improvement plans. Requirements of the Uniform Building Code shall be complied with as approved by the Building Official. All construction shall be in accordance with the 1991 UBC, applicable City Codes and the City's Security Code. No field changes shall be made without corrections submitted to and approved by the Community Development Department. FEES (1) 4.1 Within forty-eight (48) hours of approval of the subject (5) 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-emght dollars) 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° City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) RESOLUTION NO. 97-12 Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council is five; that the above and foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 18th day of February, 1997, by the following vote: COUNCILMEMBER AYES: Worley, Thomas, Doyle, Saltarelli .' COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: Potts Pamela Stoker, City'Clerk