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Home My WebLink AboutCUP 07-019Inter-Com ,~ SATE: DECEMBER 3, 2007 ~`~"~"" TO: ZONING ADMINISTRATOR ~~~~ FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 07-019 PROPERTY OWNER: DONAHUE SCHRIBER RETAIL GROUP 200 EAST BAKER STREET, SUITE 100 COSTA MESA, CA 92626 APPLICANT: BARBARA TORLEY BANK OF THE WEST 300 SOUTH GRAND AVENUE LOS ANGELES, CA LOCATION: 701 EAST FIRST STREET '~,.,_ ZONING: FIRST STREET SPECIFIC PLAN (FSSP) GENERAL PLAN: PLANNED COMMUNITY COMMERCIAUBUSINESS ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 4) PURSUANT TO THE PROVISIONS OF SECTION 15304(e) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO CONTINUE OPERATION OF A TEMPORARY TRAILER FOR FULL BANKING ACTIVITIES WHILE THE PERMANENT BUILDING UNDERGOES STRUCTURAL REHABILITATION RECOMMENDATION That the Zoning Administrator (ZA) adopt Zoning Administrator Action (ZAA) 07-009 approving Conditional Use Permit 07-019. BACKGROUND r The applicant is requesting approval to continue use of a temporary trailer for banking activities in the parking lot of Tustin Courtyard Center at 701 E. First St. (Attachment A - Location Map). In June 2007, the permanent Bank of the West building was red-tagged by Zoning Administrator Report CUP 07-019 Page 2 , the Community Development Director due to a structural failure that posed an immediate threat to public safety. While the building undergoes structural rehabilitation, the Bank has requested to place and operate a temporary trailer on-site for use as a full banking facility. A Temporary Use Permit (TUP) was issued by the Community Development Department for the placement and operation of the trailer for the initial thirty (30) days of the use. This Conditional Use Permit (CUP) is for operation of the trailer for an additional period of six (6) months. The subject property is located within the First Street Specific Plan (FSSP) zoning district, where banks are permitted uses. The General Plan Designation is Planned Community Commercial Business, which allows for a variety of retail, professional office, and service- oriented business activities. Temporary uses are permitted subject to the provisions of Tustin City Code Section 9270c. Site and Surrounding Properties The site is located at the corner of Newport Avenue and First Street, in the Tustin Courtyard shopping center. The Bank of the West building is afree-standing pad in the southeast corner of the parking lot, and the temporary trailer is located in the parking area just east of the bank building. The site surroundings include retail and commercial uses on all sides. Other retail uses in the Tustin Courtyard are to the north and west, retail uses in the Larwin Square shopping center are to the south across First Street, and commercial uses are located to the east across Holt Avenue. A Storm Drain. Easement is located through the site; the applicant has obtained proper approval from the easement holder (Orange County Flood Control District) for placement of the trailer on the easement. Public Noticing A public hearing notice identifying the time, date, and location of the public hearing for the proposal was published in the Tustin News on November 22, 2007. Property owners within 300 feet of the site were notified of the hearing by mail; a hearing sign is posted on the site; and, the hearing was posted at City Hall on November 21, 2007. DISCUSSION Project Description The project proposal is for a continuation of the operation of a temporary trailer for full banking activities for a period of six (6) months while the permanent structure undergoes structural rehabilitation. The temporary trailer is currently operating on-site under the approval of a temporary use permit. The approval of a conditional use permit will not modify the operation, but grant the continuation of the use for an additional six (6) months. The trailer facility maintains normal banking hours, in addition to a 24-hour outdoor Automated Teller Machine (ATM) integrated into the structure. Zoning Administrator Report CUP 07-019 Page 3 Permitting Requirements Section 9270c of the Tustin City Code allows the Community Development Director to grant a temporary use permit for one (1) month or less. Additionally, temporary uses up to six (6) months are allowed with the approval of a conditional use permit. Per Section 9299b(3)Q) of the Tustin City Code, the Zoning Administrator is authorized to hear and decide upon conditional use permits, when required, for temporary uses for a period of up to six (6) months. No complaints have been received regarding the trailer operation as permitted by the temporary use permit. The Tustin Police Department has reviewed the project and has no concerns. ANALYSIS In determining whether to approve the Conditional Use Permit, the Zoning Administrator must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: 1) The proposed use, as conditioned, would not be detrimental to surrounding properties in that the use is only temporary and is a necessary alternative to provide banking services where a permanent building experienced structural failures and was deemed to pose a threat to public safety. 2) Building permits and a temporary use permit have been issued and the temporary trailer has been operating as a banking facility at this location without any complaints or concerns. 3) The installation and operation of trailer would be temporary for a maximum of six (6) months from the date of approval of the CUP and would need to be removed by June 3, 2008, or by the completion of the improvements to the existing bank building, whichever occurs first. As conditioned, the trailer will need to be removed and the site restored upon the expiration date of the conditional use permit or completion of restoration to the permanent building, whichever occurs first. 4) The Orange County Flood Control District (OCFCD) has granted the applicant permission for placement of the trailer upon the OCFCD's storm drain easement. 5) The hours of operation are standard banking hours, consistent with the permanent facility's operation and the hours of operation of surrounding uses. Zoning Administrator Report CUP 07-019 Page 4 6) The proposed use is consistent with the policies and requirements of the Planned Community Commercial/Business .General Plan land use designation and First Street Specific Plan zoning district. In addition, the project has been determined to be consistent with the Air Quality Sub-element. Reina Kapadia Assistant Planner Attachments: A. Location Map B. Submitted Plans C. 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D 0 r- a _~ a d ai a Y U Y Q U m m S ~ IU U H vii 3 v~ 3~ 3 dE a Q~4 Q 'r w wo ~., -' 's ~ m m_ ~ _~ `-" w i v' c~- w ~ ~n ~ a U Q ~ ~ tL O U L Q ~iJ 1- > j Z _) ~ ~ fL ,J e 4 J_ U ~ ~- d Z Q 4 ~. a= 9 pQ .k Z ~ ~ ~ g U~l _ " ~ ~ o z o~=.!~ ~ w ~ ~9 Y w w - Y ~~ ~ i a"1 d3 1~ ~ k ~ ~ ~ I- ~ ~ 11 9 ~ M ~ ~ ~ ~ ~~ i ~ ~ ~ g ~~ ~~ w m ~ ~ ~ m ~ ~ - ~ ~k j ' J e~ d 1 Y~ w 6 w w M ~ w ~ L_7 ~ ~ ~ ¢ ~ u~ w U tl ~c l U Q ~ ~ U i~ ~ _ a p O f O Q ~ A ~ O ZONING ADMINISTRATOR ACTION 07-009 CONDITIONAL USE PERMIT 07-019 The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 07-019 was filed by Barbara Torley on behalf of Bank of the West requesting authorization to operate one (1) temporary trailer for full banking activities for up to six (6) months while the permanent bank building undergoes structural rehabilitation. B. That the project site is located in the First Street Specific Plan zoning district with Commercial as Primary Use land use designation, where banks are a permitted use. The project site is designated as Planned Community Commercial/Business by the Land Use Element of the City's General Plan which allows a mix of commercial and office uses. C. That in accordance with Tustin City Code Section 9270c, temporary uses up to six (6) months are allowed with the approval of a Conditional Use Permit. In accordance with Tustin City Code Section 9299(b)(3)Q), the Zoning Administrator may approve conditional use permits for temporary uses for up to six (6) months. In addition, the project has been determined to be consistent with the Air Quality Sub-element of the City of Tustin General ` ~,, Plan. D. That a public hearing was duly called, noticed, and held on said application on December 3, 2007, by the Zoning Administrator. At that time and as conditioned, it was determined that the 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 residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: 1) The proposed use, as conditioned, would not be detrimental to surrounding properties in that the use is only temporary and is a necessary alternative to provide banking services where a permanent building experienced structural failures and was deemed to pose a threat to public safety. 2) Building permits and a temporary use permit have been issued and the temporary trailer has been operating as a banking facility at this location without any complaints or concerns. 3) The installation and operation of trailer would be temporary for a maximum of six (6) months from the date of approval of the CUP Zoning Administrator Action 07-009 Conditional Use Permit 07-019 Page 2 and would need to be removed by June 3, 2008, or by the completion of the .improvements to the existing bank building, whichever occurs first. As conditioned, the trailer will need to be removed and the site restored upon the expiration date of the conditional use permit or completion of restoration to the permanent building, whichever occurs first. 4) The Orange County Flood Control District (OCFCD) has granted the applicant permission for placement of the trailer upon the OCFCD's storm drain easement. 5) The hours of operation are standard banking hours, consistent with the permanent facility's operation and the hours of operation of surrounding uses. 6) The proposed use is consistent with the policies and requirements of the Planned Community Commercial/Business General Plan land use designation and First Street Specific Plan zoning district. In addition, the project has been determined to be consistent with the Air Quality Sub-element. E. This project is .categorically exempt pursuant to Section 15304, Class 4 of Article 19, 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 07-019 authorizing the operation of one (1) temporary trailer for full banking activities at 701 East First Street for up to six (6) months, 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 3`~ day of December, 2007. Elizabeth A. Binsack ZONING ADMINISTRATOR Eloise Harris RECORDING SECRETARY Zoning Administrator Action 07-009 Conditional Use Permit 07-019 Page 3 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 07-019 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 3~d day of December, 2007. Eloise Harris RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 07-019 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 3, 2007, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. (1) 1.2 This approval shall remain in effect until six months from the date of approval (June 8, 2008), provided that all conditions are fulfilled. (1) 1.4 Approval of Conditional Use Permit 07-019 is contingent upon the property owner signing and returning to the Community Development Department a I ~ 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) 1.5 As a condition of approval of Conditional Use Permit 07-019, 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. (1) 1.6 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 Tustin City Code. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODES (7) PC/CC POLICY (4) DESIGN REVIEW '`~"` EXCEPTIONS Zoning Administrator Action 07-009 Conditional Use Permit 07-019 Exhibit A Page 2 (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the Tustin City Code. USE RESTRICTIONS (1) 2.1 Conditional Use Permit 07-019 is valid for six (6) months from the date of approval. All trailers shall be removed by June 3, 2008, or upon the completion of the tenant improvements to the permanent bank building, whichever occurs first. A time extension may be considered by the Community Development Director if a request is received thirty (30) days before the expiration date. (1) 2.2 The use of the trailer shall be limited to a temporary banking facility. The hours of operation for the temporary banking facility shall be limited to normal banking hours, with the exception of the Automated Teller Machine, which may be accessed 24 hours a day. (1) 2.3 All activities shall comply with the City of Tustin Noise Ordinance. (1) 2.4 Within ten (10) days of approval, the applicant shall submit a refundable cash deposit or other form of surety acceptable to the City in the amount of $10,000.00 to ensure the timely removal of the trailers in the event the permit is revoked or upon termination of the use. The applicant and ~- property owner shall add the City as the authorized party in the lease agreement to order the removal of the trailers, provide the City with a written authorization to remove the trailers, and authorize entry onto the property for that purpose upon the expiration or nullification of this permit. The City of Tustin may dispose of said structure in a manner acceptable to the City of Tustin. (1) 2.5 The temporary banking facility shall be separated from any construction activity occurring at the site by an adequate physical barrier and subject to on-site inspection if deemed necessary by the Community Development Department. PUBLIC WORKS (1) 3.1 The applicant shall not alter the condition of or construct any improvements or structures within the public right-of-way without the approval of the City's Public Works Department. (1) 3.2 The activities shall not operate in such a manner that would impact any traffic lanes, cause back-up (queuing) of vehicles into the public right-of- way, or create any unsafe conditions. Zoning Administrator Action 07-009 Conditional Use Permit 07-019 Exhibit A Page 3 (1) 3.3 The applicant shall be responsible for any damage to public facilities within the public right-of-way. (1) 3.4 The applicant shall assume full responsibility for any cleanup of the area and repair any damage to public facilities to restore those facilities to the conditions that existed prior to this use within twenty-four (24) hours. (1) 3.5 As a condition of approval of Conditional Use Permit 07-019, 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. PONCE (1) 4.1 Operation or servicing of the facility shall not interfere with vehicular traffic on Newport Avenue or First Street, nor should it impede the pedestrian walkways. (1) 4.2 The applicant shall coordinate directly with the Tustin Police Department for any further necessary security measures by contacting Lieutenant Steve Lewis at (714) 573-3271. (1) 4.3 Adequate access per the City of Tustin Police Department and the Orange County Fire Authority regulations shall be permitted at all times. FEES (1) 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 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 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.