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HomeMy WebLinkAboutZA Action 08-006ZONING 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: 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. In addition, pursuant to Tustin City Code Section 9273, a nonconforming use of a nonconforming building may be changed to another use of the same or more restrictive classification upon the securing of a 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 properly and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 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 Zoning Administrator Action 08-006 CUP 08-006 Page 2 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. 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). II. 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. ~~ ELOISE RRIS RECORDING SECRETARY DANA OGDO ACTING ZONING ADMINISTRATOR Zoning Administrator Action 08-006 CUP 08-006 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 08-006 was duly passed and adopted at a regular meeting of the Tustin Zoning Administr tor, held on the 19th day of May, 2008. ~• ELOISE IS 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) (2) CEQA MITIGATION (6) (3) UNIFORM BUILDING CODES (7) (4) DESIGN REVIEW ''"'~" RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY 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 Califomia Building Code (CBC), 2007 Califomia Mechanical Code (CMC), 2007 Califomia Plumbing Codes (CPC), 2007 Califomia Electrical Code (CEC), Califomia 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 Califomia Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2007 Califomia 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 DI~fISION (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 The business must operate as a specialty retail use. Any change deemed potentially harmful to the community shall be 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. Any change of operation occurring outside of regular business hours 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 The use of any opaque materials on the glazing should be mostly 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. (***) 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 lighting encompassing the entire business. 5) Exterior audible alarm. 6) Replacement of the rear glass doors with a secure 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.