Loading...
HomeMy WebLinkAboutZA Action 08-004ZONING ADMINISTRATOR ACTION 08-004 CONDITIONAL USE PERMIT 08-003 14945 HOLT AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. A proper application was filed by Jon Andresen, of KKE/HFTA Architects, requesting authorization fora reduction of off-street parking requirements and joint-use parking for a retail commercial center located at 14945 Holt Avenue, also known as the Tustin Courtyard. B. The site is designated as Planned Community Commercial/Business by the City General Plan and is zoned First Street Specific Plan (SP10) which provides for a retail commercial use. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. The site is improved with a 24,828 major tenant space building, which is part of a 156,367 square-foot retail commercial center known as the Tustin Courtyard. D. Pursuant to the Tustin City Code Section 9271 aa, Zoning Administrator approval is required for a reduction of off-street parking requirements and joint-use parking. E. That a public hearing was duly called, noticed, and held for Conditional Use Permit 08-003 on March 3, 2008, by the Zoning Administrator. F. 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 of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject properly, or to the general welfare of the City of Tustin in that: 1. A parking study in accordance with Tustin City Code Section 9271 as was prepared by a licensed traffic engineer and submitted that demonstrated no substantial conflict exists in the peak hours of parking demand for the use for which the joint parking is proposed. Zoning Administrator Action 08-004 CUP 08-003 Page 2 2. The proposed use, as conditioned, will not be detrimental to surrounding properties in that the hours and operations of the medical use would be compatible with surrounding uses. 3. The proposed use, as conditioned, will not have a negative effect on surrounding properties, or impact traffic or the ability of parking in that sufficient parking would be available either on-site. 4. An existing recorded reciprocal covenant allows for reciprocal access and parking between the properties within the Tustin Courtyard retail commercial center. G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Zoning Administrator hereby approves Conditional Use Permit 08-003 authorizing a reduction in required parking and joint use parking at a retail center located at 14945 Holt Avenue 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 on the 3rd day of March, 2008. ~Lu ELOISE RIS RECORDING SECRETARY DANA OGDON ACTING ZONING MINISTRATOR Zoning Administrator Action 08-004 CUP 08-003 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Eloise Harris, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 08-004 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 3rd day of March, 2008. ELOISE H IS RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 08-004 CONDITIONAL USE PERMIT 08-003 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 3, 2008, 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. (1) 1.2 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 is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Approval of Conditional Use Permit 08-003 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 07-018, the applicant shall agree, at is sole costs 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) 1.5 Conditional Use Permit 08-003 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain 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 Conditions of Approval Exhibit A CUP 08-003 Page 2 compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 08-003, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. USE RESTRICTIONS (***) 2.1 A total of 702 parking spaces shall be maintained at all times. Any reduction of on-site parking shall be reviewed and approved by the Community Development Director. (1) 2.2 An existing recorded reciprocal covenant that allows for reciprocal access and parking between the properties within the Tustin Courtyard retail commercial center shall remain in full force. (1) 2.3 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. BUILDING DIVISION 1) 3.1 Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp. Disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96-inch wide loading area. ORANGE COUNTY FIRE DEPARTMENT (5) 4.1 Prior to issuance of any permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on site. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage including the height, stroke and colors of the lettering and its contrasting background. The applicant may contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." Conditions of Approval Exhibit A CUP 08-003 Page 3 FEES (1) 5.1 Prior to issuance of any permits, payment shall be made for all applicable fees including but not limited to the following: a. Building and Planning plan check and permit fees. b. Orange County Fire Authority fees. (1,5) 5.2 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.