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HomeMy WebLinkAboutCUP 2011-22 & MA 2012-01G �vA AGENDA REPORT MEETING DATE: MAY 14, 2012 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT ITEM # 1 SUBJECT: CONDITIONAL USE PERMIT 2011 -22 AND MINOR ADJUSTMENT 2012 -01 APPLICANT: CARLOS ORDONEZ EVOLUTION RECYCLING, INC. 1365 ESPERANZA STREET LOS ANGELES, CA 90023 CONSULTANT: KIYOSHI GRAVES URBAN PLANNING STUDIOS 4144 % SOMERS AVE LOS ANGELES, CA 90065 PROPERTY OWNER: ROY M. CHIKASAWA 24800 CHRISARTA DRIVE, STE 130 MISSION VIEJO, CA 92691 LOCATION: 1022 -1112 WALNUT & 14510 -14520 NEWPORT AVE., TUSTIN GENERAL PLAN: COMMUNITY COMMERCIAL ZONING: COMMERCIAL GENERAL ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: TO ESTABLISH AND OPERATE A RECYCLING FACILITYNENDING MACHINE (BULK) IN CONJUNCTION WITH AN EXISTING MARKET LOCATED AT 1022 -1112 WALNUT & 14510 -14520 NEWPORT AVENUE Zoning Administrator May 14, 2012 CUP 2011-22 and Minor Adjustment 2012 -01 Page 2 1 RECOMMENDATIOV That the Zoning Administrator adopt Zoning Administrator Action 12 -004 approving Conditional Use Permit 2011 -22 to estaYsh and operate a recycling facility /vending machine (bulk) ( "recycle facility ") in conjunction '�iith an existing market located at 1022 - 1112 )/Aialnut & 14510 -14520 NeNjAjpor� Avenue and Minor Adjustment 2012 -01 to allow a 10% increase in building height. APPROVAL AUTHORITY The property is Zoned Commercial General (CG) per Section 9235c of the Tustin City Code (TCC). Recycling Centers are subject to approval of a Conditional Use Permit (CUP) and the provisions set forth in Section 9271 bb(2). In accordance with Section 9299b(3)(e) of the Tustin City Code, the Zoning Administrator has the authority to approve, conditionally approve, or deny minor Conditional Use (Permits for existing development where there would be no change of occupancy or primary use. This project proposes no change in occupancy and the request would not alter the original intent of the project or site. BACKGROUND Location The project site is located at 1022 -1112 walnut & 14510 -14520 Newport Avenue in the Bodega R -Ranch shopping center. The facility is proposed to be located directly adjacent to the north side of the market building along Walnut Avenue (see Location Map). Other surrounding uses include residential apartments and condominiums to the north, east, south, and commercial uses along Ne�jiivport Avenue. Tenants within the project site shopping center include a mix of commercial retail and service uses and restaurants. Zoning Adrnunistrator May 14, 2012 CUP 2011 -22 and M inor Adjustment 2012 -01 Page 3 DISCUSSION The proposed recycle facility mould be located north of the existing Bodega R -Ranch Market within, three existing parking stalls. The facility is 500 square feet and consists of two 24 ft. x 8 ft. recycling containers screened within a new building fagade. The building includes tile roofing Apjith a plaster screening wall that extends across the north side of the containers to conceal the shipping containers. A roll up door is located at the �,iiest side of the building allowing access to the containers for processing. [[ours of Operation The proposed hours of operation for the recycle center are 8 :00 QNI to 8:00 PM on a daily basis. These hours are consistent with the provisions ofTCC 9271bb(2), AJAIhich prohibits hours of operation between midnight and 6 :00 AM. The recycle facility is proposed to be setback 47' 3" from the north property line along Walnut Avenue and is proposed to be located 115' 11" from the nearest residential property line which is located to the east of the facility. The minimum required setback is at least 75 feet from any property zoned or occupied for residential use. Therefore, the facility is in compliance with the provisions for recycling facilities. Loc ,atoon j[Wap and Surrounding Properties Zoning Administrator ,May 14, 2012 CUP 2011 -22 and Minor Adjustment 2012 -01 Page 4 Park inn The center vvas developed under the County of Orange in the raid 1950's and has experienced some changes in the parking layout glue to minor restriping and reconfiguration of parking. On June 13, 198 the Tustin Planning Commission approved a parking Niariance f or the expansion of an existing restaurant located vAjithin the center. The Variance (VAR. 88 -06, Resolution No. 2507), permitted a deficit of 55 parking spaces based on the shared parking analysis and comparisons y�.iith similar centers and shared uses. The project proposal to establish the recycle center will remove three parking stalls at the north side of Bodega market. Since the adoption of Resolution No. 2507, the parking lot has been restriped. The project proposal includes the addition of four new parking spaces near the existing kiosk G�r'hich is centrally located within the shopping center providing a total of 174 spaces (165 standard and 9 handicap). The following parking data applies to the shopping center; UnMddrezz Name of Use Type 09 Use Artie P,-nT ng Ratio Parldng RequiTad 1022 Walnut Delicious Water Retail 1,300 9/250 7.2 1032 W alnut AVA Retail 1,55 1/250 6.2 1044 Walnut Photo Place Retail 750 1/250 3 1046 Walnut Golden China Retail 3,840 1/900 38.4 Restaurant Coin Laundry 1 for every 3 1052 1056 Walnut King Laundromat 2,350 machines or 11.4 1/250 1060 Walnut Walnut Room Re staurant 1,560 1/100 15.6 1063 Walnut Video Mart Retail 3,360 1/ 2-50 13.4 1072 Walnut Plaza Barber Personal 625 1/250 2.5 Services 1076 Walnut Beauty Retail 321 1/250 3.3 Unlimited 1112 Walnut R -Ranch Retail _ 20,160 1/250 30.6 Market 14510 Newport Yoshino a _ Restaurant 1,930 1/100 19.3 145206 Newport JS Urban Retail 1,200 1/250 4.3 14520A Newport Medical Medical 1,200 1/250 4.3 Total Required 2il 1 Total Provided 1716 Based on the updated parking data, the existing uses v�culd require 211 parking stalls within the center. This is a shortage of 37 parking stalls. In that `variance 88 -06 allowed for a deficit of 56 parking spaces and the current proposal reduces the parking deficit and one stall will be added, the overall parking supply Yk�ill he adequate to meet peak demand and no further parking analysis is necessarj. Zoning Administrator I'May 14, 2012 CUP 2011 -22 cind Minor Adjustment 2012 -01 Page 5 MV1 in or Adjustm a n t Pursuant to I`7CC Section 9271 bb(2)�c), the ma�imum height for a recycling faciliitylvending machine (bi, R) is 10 feet. The proposal for the height of the faciR° y is I 1 feet which exceeds the height by one foot. The additional height is proposed to accommodate the arch itecturaliy integrated hip rood on the building that screens the containers. Pursuant to Section 9229 b(1)(e), the Zoning Administrator may approve an increase of not more than ten percent (10 %) in the maximum permitted building height. Ton percent of the 10 foot 'height limit is one; therefore, the Zoning administrator can approve an increase to 11 feet for the facility through the approval of a Nflii inor Adjustment. The minor adjustment may be approved in that the recycle facility is in conformance with the General Plan which allows for service commercial uses. Furthermore, the Commercial General (CG) District allows a height limit of up to 35 feet. The one foot extension for this project will allow for the incorporation of a hip roof structure to screen the shipping containers. Fll'Inl' -N11018 In determining whether to approve the Conditional Use Permit for the proposed recycle facility located within the Bodega R -Ranch shopping center, the Zoning Administrator must determine whether or not the proposed use will be detrimental to the heallh, safety, morals, comfort, and general welfare of the persons residing in or wording 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 as conditioned may be supported by the following findings: Recycling facility /vending machine (bulk) uses are conditionally permitted within the Commercial General (CG) Zoning District subject to the provisions set forth in Section 9271 bb(2) as follows: a) Established in conjunction with an existing saipermar,set which is in compliance with the zoning, building and fire codes of the City of Tustin. The facility is a permitted use within the CG Disb and, as conditioned, is in conformance with the zoning, !building an fire codes. b) No larger than 500 square feet and not occupying any parking spaces required by the primary use. The .facility is 500 square feet and iii] occupy three panning spaces with, four new parking spaces added within the shopping center. Zoning AdrniniStM er May 14, 2012 CUP 201 1-22 and I'Aonor Adjustment 2012 -01 P2ge 5 c) l la dmurn height; 10 Ease. The height of the facility is 11 feet which exceeds the height by one foot; however, ptursuant to Section 9299 b(I), the Zoning Administrator may approve an increase of not more than ten (10) percent in the maxim —Lum permitted lbL ilding height. Ten percent of the 10 foot helght limit is one; therefore, the Zoning administrator can approve an increase to 11 feet for the facility. Said minor adjustment is in conformance with the General elan 1jiMich allows for service commercial uses. Furthermore, the Commercial General (CG) District allows a height limit of up to 35 feet. The one foot extension for this ,project will allow for the incorporation of a hilp roof structure to scree the shipping containers. Therefore, t ,e I foot height extension may be approved Eby the Zoning Administrator for the recycle facility. d) Shall not obstruct pedestrian or NieHcular dreulation, and shall be located AMtHn 100 feet of the host use. The recycle facility is located adjacent to the market and is therefore in conformance with this requirement. e) iWANmum setbacks; 10 feet from any property lone. The recycle facility is proposed to be setback 47' 3" from the north ,pro,perty line along VlValhut Avenue and 116' 11" from the east property line which abuts residential property. f) Accept only Mass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the Orange County Fr re AuthorKy and HeaM Department. The recycle facility has .been conditioned to limit said items (Con d. a \io. 2.1). g) No power - driven processing egdprnent except for reverse vending machines shall be used. The recycle facility has been conditioned to limit the Liss of poylar driven processing equipment (Cond. No. 2.2). h) Containers are constructed and maintained with durable waterproof and rustproof material, secured from unauthofted entry or removal of material and shall be of a capacity sufficient to accommodate materials collected and collection schedule. The recycle facility has been, conditioned to be constructed and maintained as such (Cond. JVo. 2.3). i) All recyclable material shall be stored internally. The recycle facility has been conditioned to store recycle materials internally (Cond. I'Vo. 2.4). Zoning Administrator May 14, 2012 CUP 2011 -22 and Minor Adjustment 2012 -01 ;Page 7 j� Maintained free of Iifter, pests, vermin and any other undesirable materials at all times. l ho recycle facility has been condition ad as such (Cone. u`\Io. 2.5). k) Nlot exceed exterior noise levels of 60 dBA. The recycle racility has been conditioned as such (Con d. d'lo. 2.6). 1) Containers for donation of materials shall be at least 75 tees from any property zoned or occLIpied for residential use and shall not operate bebjAjeen the hours of 12;00 a.m. and 6;00 a.m. l he recycle facility will operate 8:00 a.m. to 8:00 p.m. on a daily basis. These hours are consistent with, the provisions of `ACC 9271bb�2), which prohibits hours of operation between midnight and 6:00 Auk fCond. No. 2.7). m) Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone ember of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers. The recycle facility has been conditioned as such (fond. No. 2.8). n) 'Bulk vending machines may have informational signs requ, red by State law pursuant to Section 9272; other signs including directional signs, bearing no advertising message, may be installed with the approval of the 'Community Development Director pursuant to Design Review Section 9272 ]f necessary to facilitate traffic circulation, or if the facility is not visible from the public right -of -way. Signs Wil be subj"ect to separate permit in accordance with `ACC Section 9272. The project has been conditioned as such (Conti. �9o. 2.9). o) Placement of the facility shall not require removal of existing landscaping. The location of the recycle facility mill runt remove existing Ian 2. In accordance with Section 9299.b(3)(e) of the Tustin (City Code, the Zoning Administrator has the authority to approve, conditionally approve, or deny minor Conditional Use Permits for existing development where there would be no change of occupancy or primary use. TNs project proposes no change in occupancy and the request would not alter the original intent of the project or site. 3. In accordance with Section 9299b(1)(e) for Minor Adjustment, an increase of not more than ten percent (10 %) of the maximum permitted building height may be permitted based on findings set for the in Section 9299c(3)(c). A Minor Adjustment can be supported for allowance of a 10% increase in height for the Zoning Administrator May 14, 2012 CUP 2011 -22 and Minor Adjustment 2012 -01 Page 8 facility to accommodate the I 1 foot height in that the following findings may be made; a, The project is in conformance Njvith the General plan 'vAjhich allo,'Jvs for service commercial uses. b. The establishment, maintenance, or operation of the use applied for will not, under the circumstances of the partioular use, be detrimental to the (health, safety, morals, comfort and general v�elfare of the persons residing or Gjjorking in the neighborhood of such proposed use, or injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City in that the project has been conditioned pursuant to the provisions set forth in TCC 9271 bb(2) for vending machines (bulk). The increase in height is proposed to accommodate an architecturally integrated building which screens the shipping containers and allows for materials to be stored internally. Furthermore, the recycle facility has been designed as an accessory structure incidental to the main commercial building. The increase in height is only applicable to the recycling facility and the proposed structure is within the maximum height permitted within the CC zoning district. 4. As conditioned, sufficient parking for the use is provided in that the recycle facility is located within Qodega R -ranch Nlarket shopping center and, pursuant to the Tustin City Code Dart 6 Off-street Parking regulations, and consistent limith Variance - �\ , \Io. 88 -06, adequate parking will be provided for the shopping center uses. Furthermore, the facility vmill remove three parking spaces, but four nevv parking spaces mill be added. Therefore, the overall parking supply will be adequate to meet peak demand and no further parking analysis is necessary 5. As conditioned, the recycle facility would generally operate (8 :00 AN] to 6;00 PM daily) consistent with the provisions for operation for recycle facilitylvending machine (bulk) and compatible to the hours of operation for other commercial uses located within the shopping center and the surrounding area. 6. As conditioned, a activities would occur within the building. Staff recommends that the Zoning Administrator adopt Zoning Administrator Action No. 12 -004 approving Conditional Use Permit 2011-22 to establish and operate a recycling facility /vending machine (bulk) in conjunction with an existing market located at 1022- 1112 Walnut & 1 A510 -14520 Newport Avenue and approve Minor Adjustment 2012 -01 to allol,�j a 10 %© increase in building height. Amy `bffi , AICP Senior Planner Zoning Administrator May 14, 2012 CUP 2011 -22 and War Adjustment 2012 -01 Page 9 Attachments: A. Locate n Nilap and Land Use Fact Sheet S. 12-00- C. (Proposed Prq�ect Rana ATTACHMENT A LOCATION MAP AND LAND USE FACT SHEET City of Tustin CITY OF TUSTIN - [Created: 5/1/2012 9:14:55 AM] [Scale: 443.76] [Page: 8.5 x 11 / Portrait] Legend Street Names �p/ City Limits r FWY Railroad DRIVEWAY HCRAMP ROW Easement Private Parcel Lines Streets Thin Overview Map (C) 2002-2 GeoPrfse.nel (GeoVec, Inc.) - (866)422-2505 LAND USE APPLICATION FACT SHEET 1 LAND USE APPLICATION Conditional Use Permit 2011 -22 (CUP 2011 -22) NUMBER(S) 2 LOCATION: Bodega R -Ranch Shopping Center at Walnut Ave. and Newport Ave. 3 ADDRESS: 1022 -1112 WALNUT & 14510 -14520 NEWPORT AVE., TUSTIN 4 LOT: 49 TRACT 5028, 16506 5 APN(S): 432 - 131 -03 6 PREVIOUS OR CONCURRENT VAR 88 -06, Resolution No. 2507 APPLICATION RELATING TO THIS PROPERTY: 7 SURROUNDING LAND USES: North: Commercial Recreation and Residential Apartments 8 SURROUNDING ZONING DESIGNATION: 9 SURROUNDING GENERAL PLAN DESIGNATION: 10 SITE LAND USE: South: Residential Condominiums East: Residential Single Family /Multi Family West: Newport Avenue and Multiple Family Residential North: C1, R3 South: R3, R4 East: R3, R4 West: C1 North: Community Commercial /High Density Residential South: High Density Residential East: High Density Residential West: Community Commercial Existing: Retail /Service Commercial shopping center Proposed: Same General Plan: Community Commercial Zoning: Commercial General (CG) PROPOSED GP: Same PROPOSED ZONING: Same 1 LAND USE APPLICATION FACT SHEET DEVELOPMENT FACTS: 11 SITE AREA 12 BUILDING LOT COVERAGE 13 SITE LANDSCAPING 14 OPEN SPACE: 15 PARKING 16 BUILDING HEIGHT: 17 BUILDING SETBACKS 18 OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) 177,935 sq ft (Shopping Center) MAX. PERMITTED: 500 sq ft PROPOSED: 500 sq ft No Change No Change REQUIRED: 211 PROPOSED: 174 (VAR 88 -06, Resolution No. 2507) MAXIMUM: 10 ft PROPOSED: 11 ft (Minor Adjustment by ZA) REQUIRED: 10 feet from any property line PROPOSED: FRONT: 47' 3" from the north property line along Walnut Avenue SIDE: 116' 11 "from the east property line which abuts residential property REAR: > 242 ft from PL 2 ATTACHMENT B ZAA 12 -004 ZOOM G ADMINISTRATOR ACTION 12 -004 CC), IINIM T 10NAiL LUSC PERMIT 2011 -22 AN MINOR ADJUSTIIJE�\\1T 20`71 2 -0`7i G YC L 13 FACILITY/VENDlNC MACHINE (BUtLK\.) L©CATEDL AT 1022-1112 WALNUT 2 14610-14 NEWPQ 3T AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator fonds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2011 -22 and Minor Adjustment 2012 -01 was filed by Kiyoshi Graves of Urban Planning Studios representing Carlos Ordonez of Evolution Recycling, lnc. requesting authorization to establish and operate a recycle facility/vending machine (bulk) in conjunction with an existing market located at 1022- 1112 Walnut & 14510 -14520 Newport Avenue within the Bodega R-Ranch shopping center and to increase the building height limit for the recycle facility. S. That the property has a land use designation by the General flan of Community Commercial Land Use which provides for a variety of retail and service commercial uses and is zoned Commercial General (CG). Recycling Centers are subject to approval of a Conditional Use Permit (CMG) and the provisions set forth in Section 9271 bb(2). Furthermore, the Project is consistent with the Air Quality Sub - element of the City of Tustin General Plan. C. That pursuant to Tustin City Code (TCC) Section 9299b(3)(e), the Zoning Administrator is authorized to consider requests for minor Conditional Use Permits for existing development where there would be no change of primary use, no expansion of floor area, and the request does not alter the original intent of the project /site. D. That, in accordance with Section 9299b(1)(e) for M inor Adjustment, an increase of not more than ten percent (10 %) of the maximum permitted building height may be permitted based on findings set for the in Section 9299c(3)(c). E. That a public hearing was duly called, noticed, and 'held for Conditional Use Permit 2011 -22 on May 14, 2012, by the Zoning Administrator. F. That the establishment, maintenance, and operation of the proposed recycle facility 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 or be injurious or detrimental to the property and improvements in the neighborhood, or to the general welfare of the City of Tustin in that: Zoning Administrator Action 12 -004 CUP 2011 -22 and MA 2012 -01 May 14, 2012 Page 2 1) Recycling facility /vending machine (bulk) uses are conditionally permitted within the Commercial General (CC) Zoning District subject to the provisions sect forth in Section 9271 bb(2) as follows: a) Established in conjunction with an existing supermarket which is in compliance with the zoning, building and fire codes of the City of Tustin. The facility is a permitted use within the CC District and, as conditioned, is in conformance with the zoning, building and fire codes. b) No larger than 500 square feet and not occupying any parking spaces required by the primary use. The facility is 500 square feet and will occupy three parking spaces with four new parking spaces added within the shopping center. c) �liaAmum height: 10 feet. The height of the facility is 11 feet which exceeds the height by one foot; however, pursuant to Section 9299 b(1), the Zoning Administrator may approve an increase of not more than ten (10) percent in the maximum permitted building height. Ten percent of the 10 foot height limit is one; therefore, the Zoning administrator can approve an increase to 11 feet for the facility. Said minor adjustment is in conformance with the General Plan which allows for service commercial uses. Furthermore, the Commercial General (CG) District allows a height limit of up to 35 feet. The one foot extension for this project will allow for the incorporation of a hip roof structure to screen the shipping containers. Therefore, the 1 foot height extension may be approved by the Zoning Administrator for the recycle facility. d) Shall not obstruct pedestrian or vehicular circulation, and shall be located within 100 feet of the host use The recycle facility is located adjacent to the host use located along Walnut Avenue and is therefore consistent with the requirement. e) Minimum setbacks: 10 feet from any property llne. The recycle facility is proposed to be setback 47' 3" from the north property line along Walnut Avenue and 116' 11 " from the east property line which abuts residential property. Zoning Administrator Action 12 -004 CUP 2011 -22 and MA 2012 -01 May 14, 2012 Page 3 f) Accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the Orange County Fire Authority and Health Department. The recycle facility has been conditioned to limit said items. g) �No power - driven processing equipment except for reverse vending machines shall be used. The recycle facility has been conditioned to limit the use of power-driven processing equipment. h) Containers are constructed and maintained with durable waterproof and rustproof material, secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected and collection schedule. The recycle facility has been conditioned to be constructed and maintained as such. i) All recyclable material shall be stored internally. The recycle facility has been conditioned to store recycle materials internally. j) Maintained free of litter, pests, vermin and any other undesirable materials at all times. The recycle facility has been conditioned as such. k) Not exceed exterior noise levels of 60 dBA. The recycle facility has been conditioned as such. 1) Containers for donation of materials shall be at least 75 feet from any property zoned or occupied for residential use and shall not operate between the hours of 12:00 a.m. and 6:00 a.m. The recycle facility will operate 8:00 a.m. to 8:00 p.m. on a daily basis. These hours are consistent with the provisions of TCC 0271 bb(2), which prohibits hours of operation between midnight and 0:00 All. m) Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no Zoning Administrator Action 12 -004 CUP 2011 -22 and MA 2012 -01 May 14, 2012 Page 4 material shall be left outside the recycling enclosure or containers. The recycle facility has beer conditioned as such r) Bulk vending machines may have informational signs required by State law pursuant to Section 9272; other signs including directional signs, bearing no advertising message, may be installed with the approval of the Community Development Director pursuant to Design Review Section 9272 if necessary to facilitate traffic circulation, or if the facility is not visible from the public right -of -way. Signs will be suhjject to separate permit in accordance with TCC Section 9,272. T h e project has been conditioned as such. o) Placement of the facility shall not require removal of existing landscaping. The location of the recycle facility will not remove existing landscaping. 2) In accordance with Section 9299b(3)(e) of the Tustin City Code, the Zoning Administrator has the authority to approve, conditionally approve, or deny minor Conditional Use Permits for existing development where there would be no change of occupancy or primary use. This project proposes no change in occupancy and the request would not alter the original intent of the project or site. 3) In accordance with Section 9299b(1)(e) for Minor Adjustment, an increase of not more than ten percent (10 %) of the maximum permitted building height may be permitted based on findings set for the in Section 9299c(3)(c). A Minor Adjustment can be supported for allowance of a 10% increase in height for the facility to accommodate the 11 foot height in that the following findings may be made: a. The project is in conformance with the General plan which allows for service commercial uses. b. The establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular use, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City in that the project has been conditioned pursuant to the Zoning Administrator Action 12 -004 CUP 2011 -22 and MA 2012 -01 May 14, 2012 Page 5 provisions set forth in `ACC 9271 bb(2) for vending machines (bulk). The increase in height is proposed to accommodate an architecturally integrated building which screens the shipping containers and allows For materials to be stored internally. Furthermore, the recycle facility has been designed as an accessory structure incidental to the main commercial building. ��J he increase in height is only applicable to the recycling facility and the proposed structure is within the maximum height permitted within the CC zoning district. 4) A minor adjustment can be supported for allowance of 10% increase in height for the facility to accommodate the 11 foot height of the architecturally integrated building which screens the shipping containers. 5) As conditioned, sufficient parking 'for the use is provided in that the recycle Facility is located within Bodega R- Ranch Market shopping center and, pursuant to the Tustin City Code Part 6 Off- street ;parking regulations, and consistent with Variance No. 88 -06, adequate parking will be provided for the shopping center uses. Furthermore, the facility will remove three parking spaces, but four new parking spaces will be added. `therefore, the overall parking supply will be adequate to meet peak demand and no further parking analysis is necessary 6) As conditioned, the recycle facility would generally operate (8:00 Atli to 6:00 PM daily) consistent with and compatible to the hours of operation for other commercial uses located within the shopping center and the surrounding area. 7) As conditioned, all activities would occur within the building. F. This project is Categorically [exempt pursuant to Section 15001 (Mass 1 Existing Facilities) of Title 14, Chapter 6 of the GLoidelines for the California Environmental Quality Act. H. The Zoning Administrator hereby approves Conditional Use Permit 2011 -22 to establish and operate a recycling facility /vending machine (bulk) in conjunction with an existing market located at 1022 -1112 Walnut & 14510 -14520 Newport Avenue and Minor Adjustment 2012 -01 to allow a 10% increase in height, subject to conditions attached hereto (Exhibit A). Zoning Administrator Action 12 -004 CUP 2011 -22 and MA 2012 -01 May 14, 2012 Page 6 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 14 day of May, 2012. ELIZABETH A. SINSACK ZONING ADMINISTRATOR ADRIANN E DILEVA RECORDING SECRETARY STAVE Of CALIFORNIA � COUNTY OF ORANGE� CITY OF TUS T IN I, ADRIANNIE DILEVA, the Undersigned, hereby certify that I am the VRecor6ng Secretary of the Zoning Administrator of the City of Tustin, Cakfornia; that Zoning Administrator Action No. 12 -004 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 1 , day of May, 2012. ADRIANNE DILEVA RECORDING SECRETARY .�G \H0 ES � T A CON D) FlC NAL UJSCEF IPERR NqF 2©1i 1 -Z� A K10 HD NOR ADLJU ST iMEINT 201 2- COi`1101 iTION S O ATPROVAL GENERAL 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 141, 2012, 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. Q�I) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. Q l) 1.3 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. Q 7 j 1.4 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). Q 1) 1- Conditional Use Permit 2011-22 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director to ascertain compliance with conditions of approval. if in the future the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director may require the applicant to prepare a parking demand analysis, traffic study, or noise analysis for which the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant may be required to provide mitigation measures to be reviewed and approved by the Community Development Department and /or PuYc Works Department. Said mitigation measures may include, but are not limited to, the following: a. Adjust and /or limit hours of operation b. lmplernent additionai sound /noise attenuation remedies SOURCE CODES = - -- - - -- -- -- Q) STANDARD CONDITION Q 5) RESPONSIBLE AGENCY REQUIREMENTS Q CFFqQA LITIGATION Q6) LANDSCAPING GUIDELINES Q3) UNFORM BUILDING CODE /S Q) PCICC POLICY (4) DLE-S1GN REVIEW EXCEPTIONS Exhibit A ZA Action 12 -004 CUP 2011 -22 and MA 2012 -01 Page 2 ( 1.6) As a condition of approval of Conditional Use Permit 2011 -22, 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, seat aside, challenge, void, or annul an approval of the City Council, the Manning 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 the defense of any such action under this condition. Q 7 1.7 the applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. LJ SE RC 3T R I C Q� m The recycle facility shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the Orange County Fire Authority and Health Department. 2.2 No power- driven processing equipment except for reverse vending machines shall be used. Z3 Containers are constructed and maintained with durable waterproof and rustproof material, secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected and collection schedule. M 2.4 All recyclable material shall be stored internally. Q� 2.5 The recycle facility and surrounding area shall be maintained free of litter, pests, vermin and any other undesirable materials at all Mimes. �1) 2.6 Use of the recycle facility is subject to the City's Noise Ordinance and shall not exceed exterior noise levels of 60 dBA. Q`t) 2.77 Containers for donation of materials shall be at least 75 feet from any property zoned or occupied for residential use and shall not operate between the hours of 8:00 p.m. and 6:00 a.m. daily. Exhibit A ZA Action 12 -004 CUP 2011 -22 and MA 2012 -01 Page 3 (1) 20B Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the faciJity operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers Q� Z9 Signs shall be subject to separate permit in accordance with TCC Section 0272. PI-A M SM SNIMAL (3) M At the time of building permit application, the plans shall comply with the 2010 Edition State and the City of Tustin adopted codes; California Building Code, California Electrical Code, California Plumbing Code, City Ordinances, and State and federal laws and regulations. FEES Q� 9 5) M Within forty - -eight (48) honors 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 limitatiors for any interested party to challenge the environmental determination ender the provisions of the California Environmental Quality Act could be significantly lengthened. 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