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HomeMy WebLinkAboutCUP 08-006Inter-Com DATE: MAY 19, 2008 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 08-006 APPLICANT/ STEPHEN GORTON PROPERTY 1421 E. CHAPMAN AVENUE OWNER: ORANGE, CA 92866 LOCATION: 300 EL CAMINO REAL GENERAL PLAN: OLD TOWN COMMERCIAL ZONING: CENTRAL COMMERCIAL COMBINING PARKING DISTRICT (C-2 P) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: A REQUEST TO OPERATE A SPECIALTY RETAIL BUSINESS SPECIALIZING IN THE SALE, ENGINEERING, INTEGRATION, AND INSTALLATION OF AUDIO/VIDEO SYSTEMS FOR HOME ENTERTAINMENT WITHIN A RETAIL SHOWROOM IN AN EXISTING 7,744 SQUARE FOOT BUILDING. RECOMMENDATION Staff recommends that the Zoning Administrator adopt Zoning Administrator Action 08-006, approving Conditional Use Permit (CUP) 08-006 to operate a specialty retail business specializing in the sale, engineering, integration, and installation of audio/video systems for home entertainment within an existing 7,744 square foot building located at 300 EI Camino Real. BACKGROUND Location The project site is located within the Cultural Resources Overlay District (Old Town Tustin) at the southwest comer of Third Street and EI Camino Real (Attachment A -Location Map). Surrounding properties are commercial uses that are also located within the C-2 P Zoning District with the exception of an existing non-conforming residential use located Zoning Administrator May 19, 2008 CUP 08-006 Page 2 across the alley to the west of the project site. The property is also located within the Town Center Redevelopment Project Area. Previous Uses The existing 7,744 square foot building on-site was established in 1961 as a banking facility and remained a banking facility until the mid-1990s. Banking operations were modified on June 19, 1978 through the adoption of Planning Commission Resolution No. 1759, approving Conditional Use Permit 78-14. Then on April 24, 1995, the City of Tustin Planning Commission adopted Resolution No. 3352, ,approving Variance 95-001 and Design Review 95-011 to allow the Tustin Renaissance specialty retail art gallery to operate at the subject location. Variance 95-001 allowed for a reduction in the number of required off-street parking spaces, finding that the proposed art gallery was unique in that it would be operated primarily as a showroom and "a significant portion of the building will be utilized for storage and other non-retail uses, thereby decreasing the demand for parking." Condition 2.1 of Resolution No. 3352 does not allow for the application of Variance 95-001 towards any other use, including retail, unless modified. The art gallery remained in business until 1998 and the building remained vacant until 2003. On May 12, 2003, the Planning Commission adopted Resolution No. 3873,. approving Conditional Use Permit 03-009 authorizing an antique automobile gallery with limited accessory vehicle and memorabilia sales. In approving said resolution it was found that, the previous (art gallery) and proposed (antique automobile gallery) uses were "substantially the same," and that Variance 95-001 was applicable. Yesterday Antique and Classic Car Gallery remained in business for just over a year and since then the building has remained vacant. The building has never been occupied by an outright retail use due to the deficiency in parking required for a retail use at the site. The previous uses are no longer associated with the subject property and Staff recommends that the Zoning Administrator invalidate the aforementioned entitlements (CUP 78-14, VAR 95-001, and CUP 03-009). Proposed Use The proposed audio/video systems specialty retail showroom is not specifically listed in the C-2 zoning district and the Community Development Director has determined that the proposed use will require approval of a CUP. Section 9299b(3)(e) of the Tustin City Code allows the Zoning Administrator to approve, conditionally approve, or deny minor CUPs for existing development where there would be no change of occupancy or primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. Staff believes that the proposed specialty retail showroom business is similar to the gallery uses previously permitted at the site and that the proposed project meets the aforementioned criteria. Zoning Administrator May 19, 2008 CUP 08-006 Page 3 PROJECT DESCRIPTION Synergy has been in business since 1996 and is currently located in the City of Orange. Stephen Gorton, president of Stephen Gorton, Inc. (DBA Synergy) is the property owner of the project site at 300 EI Camino Real and plans to relocate the business to this location. Synergy is a specialty retail business involved in the sale and installation of cutting edge home audio/video electronic systems. This business has both C7 and C10 State Contractor's Licenses for the installation of the electrical equipment. Their products include, but are not limited to, televisions, speakers, video projectors, security systems, lighting control, and phone systems. Synergy is proposing to operate as a retail showroom facility where clients can test the equipment in various settings meant to imitate a particular audio/visual experience. The proposed facility at 300 EI Camino Real will involve rooms that simulate theaters, living rooms, and a sports bar among other demonstration settings. The store would be open during the week to walk-in customers, but the majority of business is done by appointment. Clients schedule a time to meet with a project manager and test various products. On occasion, project managers will meet with clients on-site at their homes. Synergy also provides installation services for the equipment, which typically involve a high degree of customization. Due to the fact that most of the specialty retail products offered start in the thousands of dollars range and move upwards and typically involve the in-home or in- business installation of large items, walk-in and walk-out retail sales would be very limited. Hours of Operation Proposed hours of operation would be from 7:00 a.m. to 5:00 p.m. Monday through Friday. While most clients schedule appointments, the store will be open to the public during these hours. The installers may work past these hours and arrive back at the store during non- business hours. Parking Currently the site is providing twenty seven (27) parking stalls which do not entirely meet the City of Tustin parking lot design guidelines. The applicant's proposed improvements to the site would bring the parking lot into conformance with these guidelines and result in the loss of three parking stalls for a total of twenty-four (24) parking stalls. Improvements would involve the removal of two employee-only parking stalls which back into the alley. These stalls would be replaced to make way for a trash enclosure to meet the City's waste and recycling requirements. Another parking stall would be lost due to re-striping that would ensure that all parking stalls meet the minimum nine foot by twenty foot (9' X 20') dimensions. As previously mentioned, Synergy is a specialty retail business that primarily operates by appointment and does not receive the same foot traffic as a typical retail establishment. Zoning Administrator May 19, 2008 CUP 08-006 Page 4 The business specializes in a certain niche field that focuses more on quality of product than moving quantity. The majority of sales involve some degree of service installation that further reduces the high traffic that would normally be associated with a general retail electronics establishment. The typical Synergy client does not buy components one at a time, but systems as a whole. Although they could if desired, customers do not typically walk in to buy a product and end up driving home with it. The business focuses more on a showroom experience than multiple product display. The Combining Parking overlay district and the Central Commercial zoning district do not list specific parking standards for the proposed use. Due to the operations nature of the business and how it differs from a typical retail establishment, staff believes that the use is similar to the gallery uses that previously occupied the site and that the proposed twenty-four (24) parking stalls will adequately serve the project site and proposed use. Staff has included Condition 5.5 to require future review, should future parking problems result from the proposed use. ANALYSIS The project site was originally developed to serve as a banking facility and meets the parking demands of a bank/office facility. Currently, the C2 zoning district does not permit ground floor office uses that front onto EI Camino Real. This limits proposed use of the property to mainly retail and service commercial uses; however, the provided on-site parking does not allow for these proposed uses. An outright retail use would require thirty- nine (39) parking stalls based on current parking ratios. Due to these constraints, there has never been an outright retail use established at the subject location. Prior uses such as the art gallery and automotive gallery museum offered minimal retail components to their businesses and were approved with the use of existing parking spaces. Synergy is a proven specialty retail business with over ten years of experience that offers a large retail component which would generate substantial sales tax revenues while still operating in a way that does not require the same parking demands of a general retail use. Synergy is a destination facility which would draw clientele into Old Town Tustin that may not otherwise visit. The high-end business is specialized and serves a large region of Orange County as opposed to a chain electronics store where customers would simply visit the most convenient location. The property owner is also the business owner and has an interest in the business succeeding at the proposed location. FINnIN[;S In determining whether to approve the Conditional Use Permit, the Zoning Administrator must determine whether or not the proposed specialty retail 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: Zoning Administrator May 19, 2008 CUP 08-006 Page 5 The proposed specialty retail use has proven experience and incorporates a strong high-end retail sales component to the business which will be necessary to sustain economic activity at the proposed location. 2. Due to the showroom nature of the business, there will not be the parking demand that would typically be associated with an outright retail use. As has been proven with the past gallery uses, the site is providing more than adequate parking to accommodate the proposed specialty retail use. Staff has conditioned the project to address any potential future parking issues should they arise. 3. The proposed specialty retail use is unique and will serve a larger region of Orange County and make Old Town Tustin a destination point for people that would not normally be drawn to the area. 4. The proposed use will not be detrimental to the existing neighborhood and will serve to enhance the project site through upgrades to the facilities. The site has remained vacant for an extended period of time. Staff recommends that the Zoning Administrator adopt Zoning Administrator Action No. 08- 006 invalidating CUP 78-14 -Banking Facility, Variance 95-001 -Art Gallery, and CUP 03-009 -Antique Automobile Gallery for the subject property and approving Conditional Use Permit 08-006, to operate a business specializing in the engineering, integration, and installation of audio/video systems for home entertainment within an existing 7,744 square foot building located at 300 EI Camino Real. .~.--~`_ ya Swiont k Associate Planner Attachments: A. Location Map B. Submitted Plans C. 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S _ w~ I £ =_i I c ~~ ~~ ~ C ~__ W o ~ ~ _ ~ ~ 4 i 4 6 i I l ~~ ~ ~ '~I .. W I ., I £ w a ~~~ k u ~ .~, i i } i. ~s ~9 6~ ~~ ,p ~ _ - - ,o r~ e p <~ I ' o~ ¢ , . a ~ ~ ~ ~ r ,v ~_ -„ __, o 3i ii4I ~.. y ~ i I ~ ~ ~~ ~ ~ ~' ~ ~ i !~ ~~ ~.~r.~ r .,,, ~ ~ o ~ i ~~ i - ~4, ~1- -- I' ,.~ ,o~ '~ I ~' ~~ ~ ~ w _p ~ ~ ~ - i ~~ ~T ,. ~ ~ >;~ s~, ~ ~ ~.y ~I ~ o ~~ II ~I'~~ ~ 1 ~, !, ~ ~~ U 5Fr °~ - ~ ~o I~ I I !, ~ { ~, ~ ~ ~ ~ ~ t ~!i u 1, ~ '~ ~~ -- li ', r __ ]~', I,i ~e j l 6 ~ i ~ a ~. ~'' i 1 ~ ~ -- -~ 1 -- n I I ~ J s i`i ~ ~ 3 ~ ~ ~ s ~ ~ ~' a;_~ i ~ `T T _ ~~ ~ ~~ ~ Z." V ~i f_.._ -_- ~ ~"~ `' ~' _ - I --- _ o i ~~ 1 ATTACHMENT C ZONING ADMINISTRATOR ACTION NO. 08-006 ZONING ADMINISTRATOR ACTION 08-006 CONDITIONAL USE PERMIT 08-006 300 EL CAMINO REAL The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. A proper application was filed by Stephen Gorton of Stephen Gorton Inc. (DBA Synergy) requesting authorization to operate a specialty retail business specializing in the sale, engineering, integration, and installation of audio/video systems for home entertainment within an existing 7,744 square foot building located at 300 EI Camino Real. B. The site is designated as Old Town Commercial by the City General Plan and is zoned Central Commercial with Combining Parking District (C2-P). The project is consistent with the Air Quality Sub- element of the City of Tustin General Plan. C. The proposed use is not specifically identified within the C2-P zoning district and the Community Development Director has determined that the proposed use requires approval of a Conditional Use Permit. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 08-006 on May 19, 2008, by the Zoning Administrator. E. 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 property, or to the general welfare of the City of Tustin in that: 1. The proposed specialty retail use has proven experience and incorporates a strong high-end retail sales component to the business which will be necessary to sustain economic activity at the proposed location. 2. Due to the showroom nature of the business, there will not be the parking demand that would typically be associated with an outright retail use. As has been proven with the past gallery uses, the site is providing more than adequate parking to accommodate the proposed specialty retail use. Staff has Zoning Administrator Action 08-006 CUP 08-006 Page 2 conditioned the project to address any potential future parking issues should they arise. 3. The proposed specialty retail use is unique and will serve a larger region of Orange County and make Old Town Tustin a destination point for people that would not normally be drawn to the area. 4. The proposed use will not be detrimental to the existing neighborhood and will serve to enhance the project site through upgrades to the facilities. The site has remained vacant for an extended period of time. F. 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 determines that CUP 78-14 -Banking Facility, Variance 95-001 -Art Gallery, and CUP 03-009 -Antique Automobile Gallery for the subject property are no longer associated with an active use of the property and determines that they are invalid. III. The Zoning Administrator hereby approves Conditional Use Permit 08-006 authorizing the establishment of a specialty retail business specializing in the sale, engineering, integration, and installation of audio/video systems for home entertainment within an existing 7,744 square foot building located at 300 EI Camino Real. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 19th day of May, 2008. DANA OGDON ACTING ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY 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 08-006 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 19th day of May, 2008. ELOISE HARRIS RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 08-006 CONDITIONAL USE PERMIT 08-006 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 19, 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 All conditions in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 08-006 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) 1.5 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. 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 08-006 Page 2 (1) 1.6 Conditional Use Permit 08-006 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with Conditional Use Permit 08-006, 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. (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 City Council by ordinance. (1) 1.8 As a condition of approval of Conditional Use Permit 08-006, 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. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. BUILDING DIVISION (3) 2.1 At the time of building permit application, the plans shall comply with the 2007 California Building Code (CBC), 2007 California Mechanical Code (CMC), 2007 California Plumbing Codes (CPC), 2007 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2005 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations 2005 Edition. (3) 2.2 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2007 California Plumbing Code Chapter 4, Table 4-1 as per type of group occupancy, or as approved by the Building Official. (3) 2.3 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountains, and public telephones shall be accessible to persons with disabilities and shall be shown on the plans. (3) 2.4 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) Conditions of Approval Exhibit A CUP 08-006 Page 3 accessible space shall be van accessible served by a minimum 96 inch wide loading area. (1) 2.5 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the building. The numerals shall be no less than six (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. PUBLIC WORKS DEPARTMENT (1) 3.1 Any damage done to existing public improvements and utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy for the development. (1) 3.2 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 3.3 The trash bins shall be placed side by side such that the lower portion of the bin is facing the trash enclosure gate. A minimum of one trash enclosure that will accommodate 2-4 yd. bins is required. The trash enclosure(s) shall be designed and constructed per the City of Tustin's Community Development Department's Trash Enclosure Standards. (1) 3.4 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) 3.5 Prior to issuance of any permit, 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 (City Code Section 4350, et al) to recycle 50 percent of the project waste material. The applicant will be required to submit a $50.00 application fee and a cash deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed 5 percent of the project's valuation. Prior to issuance of any permit, the applicant shall post the required security deposit in the form of cash, cashier's check, personal check, or money order to the Public Works Department. Conditions of Approval Exhibit A CUP 08-006 Page 4 PLANNING DIVISION (6) 4.1 All landscaping shall conform to the City of Tustin Landscaping Design Guidelines. All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. (1) 4.2 The existing parking lot is in a state of disrepair and will need to be improved to meet the City of Tustin Parking Lot Design Guidelines. Maintenance will include, but is not limited to, resurfacing, restriping, repairing cracks, repairing curbing, landscaping, and complying with ADA requirements. USE RESTRICTIONS (1) 5.1 Any modifications to the business operations or the site plan are subject to review and approval by the Community Development Director. (1) 5.2 The business shall be open to the general public during regular business hours. The proposed hours of operation are from 7:00 a.m. to 5:00 p.m., Monday through Friday, any changes to the hours of operation shall be approved in writing by the Director of Community Development. (1) 5.3 Outdoor sales, display, and installation are prohibited at all times. (1) 5.4 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. The parking of commercial vehicles overnight in the parking lot shall be prohibited. (1) 5.5 The project shall maintain the proposed twenty-four (24) parking stalls. If a parking problem is observed by a representative of the City, the applicant shall submit a study prepared by a professional traffic engineer and perform or install interim and permanent mitigation measures. (4) 5.6 Opaque materials shall not cover more than twenty-five percent (25%) of the aggregate area of all windows and doors on the building. The use of any opaque materials on the glazing should be consistent so as not to create a patchwork effect especially during hours of darkness when interior lighting will be visible from outside the building. Storefront design of the building shall be subject to the approval of the Community Development Department. (***j 5.7 Previous entitlements, CUP 78-14 -Banking Facility, Variance 95-001 -Art Gallery, and CUP 03-009 -Antique Automobile Gallery for the subject property are no longer associated with an active use of the property and are hereby invalid. Conditions of Approval Exhibit A CUP 08-006 Page 5 POLICE DEPARTMENT (4) 6.1 The following security measures shall be installed in the building: 1) Interior glass break sensors. 2) Interior motion detectors. 3) Interior and exterior video surveillance. 4) Exterior sodium lighting encompassing the entire business. 5) Exterior audible alarm. 6) Replacement of the rear glass doors with a metal door and a dead bolt security plate. FEES (1) 7.1 Prior to issuance of any permits, the applicant shall pay all applicable Building plan check and license permit fees to the Community Development Department. (1) 7.2 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.