Loading...
HomeMy WebLinkAboutZAA 13-002 / CUP 2012-18VrIA CONDITIONAL USE PERMIT 2012-18 694 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. That a proper application for Conditional Use Permit (CUP) 2012-18 was filed by Ali Asgari of Catalyst Insurance Services to establish and operate an insurance office within El Camino Plaza located at 694 El Camino Real. B. That the property has a Central Commercial (C2) zoning designation and Old Town Commercial General Plan land use designation, which provide for a variety of commercial and entertainment uses. In addition, the project has been reviewed for consistency with the Air Quality Sub- element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. C. That El Camino Plaza fronts onto El Camino Real and pursuant to Section 9233c(10) and 9271 ee(2) of the Tustin City Code, professional and general offices located on the ground floor, fronting onto Main Street or El Camino Real and located within the Old Town Commercial General Plan land use designation require approval of a conditional use permit. D. That pursuant to Section 9299b(3)(k) of the Tustin City Code, the Zoning Administrator is authorized to approve, conditionally approve, or deny conditional use permits for professional and general offices which front onto Main Street or El Camino Real and are located within the Old Town Commercial General Plan land use designation. E. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2012-18 on January 7, 2013, by the Zoning Administrator. F That the establishment, maintenance, or operation of the proposed office use will not, under the circumstances of the use, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City in that: 1) The location of the tenant space is recessed from the street with low visibility and makes it more suitable to a destination office use than general retail use. Zoning Administrator Action 13-002 CUP 2012-18 Page 2 2) The small size of the tenant space (425 square feet) does not lend itself well to a retail use which would require storage and display space for products; 3) Insurance office uses are similar in operation to service commercial uses which are located throughout El Camino Plaza; 4) The proposed hours of operation are compatible with other uses within El Camino Plaza; 5) The proposed office use is located in a multi-tenant retail center and is ancillary but complementary to the remaining mixed uses with respect to type of use, hours of operation, convenience, and parking demand; 6) The proposed office use is beneficial, complementary, and compatible with surrounding neighborhood and nearby retail establishments; and 7) The proposed use has been determined to be in conformance with the City's General Plan, which allows for a variety of retail, office, and service-oriented business activities to serve Old Town and surrounding areas. G. That this project is Categorically Exempt pursuant to Section 15301, Class 1, 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 2012-18 to establish and operate an office located at 694 El Camino Real which fronts onto El Camino Real and located within the Old Town Commercial General Plan land use designation 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 7t" day of January, 2013. ADRIANNE DILEVA RECORDING SECRETARY Zoning Administrator Action 13-002 CUP 2012-18 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, ADRIANNE DILEVA-JOHNSON, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 13-002 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 7t" day of January, 2013. FAII• @1111,1:29111MrIM OJTIA' • a low] EXHIBIT A 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 7, 2013, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. 1.2 All conditions in this Exhibit shall be complied with subject to review and approval by the Community Development Department. 1.3 The subject project 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 considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. 1.4 Approval of Conditional Use Permit 2012-18 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. 1.5 As a condition of approval of Conditional Use Permit 2012-18, 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. �11 (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC /CC POLICY (4) DESIGN REVIEW EXCEPTIONS Exhibit A ZA Action 13-002 Page 2 (1) 1.6 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. USE RESTRICTIONS (1) 2.1 At the time of building permit application, if applicable, the plans shall comply with the latest State and the City of Tustin adopted codes: California Building Code, California Electrical Code, City Ordinances, and State and Federal laws and regulations. (1) 2.2 Accessibility improvements, such as detectable warnings at the curb ramp, bathrooms and signage may be required to be installed per the California Building Code, Section 1134. FEES (2) 3.1 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. ZONING ADMINISTRATOR ACTION 13-001 CONDITIONAL USE PERMIT 2012-11 DESIGN REVIEW 2012-006 435 WEST 6t" STREET 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 (CUP) 2012-11 and Design Review (DR) 2012-006 was filed by property owner Jim Moat requesting authorization to add a new two-car garage, convert the existing attached single-car garage into a bedroom and establish a detached guest quarters with no cooking facilities at 435 W. 6t" Street; B. That the site is designated as Low Density Residential by the City General Plan and is zoned as Single-family Residential (R-1), where the use of an accessory building as a guest quarters is a conditionally permitted use. The site is also located within the Cultural Resource Overlay District (CR) where a Certificate of Appropriateness will be necessary at the time of building permit issuance to certify that all work undertaken does not adversely affect the character of the historic district; C. That the proposal requires Design Review (DR) approval and approval of a Conditional Use Permit (CUP) pursuant to TCC section 9223b2 to establish the guest quarters. A deed restriction is required for the guest quarters use to ensure it will not be utilized as a second residential unit; will not provide or maintain cooking facilities; and will not be rented out; D. That the Zoning Administrator may review Conditional Use Permits for accessory buildings used as a guest quarters pursuant to TCC section 9299b(3)(i); E. The project has been reviewed for consistency with the Air Quality Sub- element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element; F. That a public hearing was duly noticed, called, and held for Conditional Use Permit 2012-11 and Design Review 2012-006 on January 7, 2012, by the Zoning Administrator; G. That the establishment, maintenance, or operation of the guest quarters will not, under the circumstances of the use, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or injurious or detrimental to property and Zoning Administrator Action 13-001 CUP 2012-11 and Design Review 2012-006 445 W. 6`" Street Page 2 improvements in the neighborhood or the general welfare of the City in that: 1) The property is zoned single-family residential (R-1) where Tustin City Code Section 9223b2 allows for a guest quarters with the approval of a Conditional Use Permit provided that no cooking facility is installed or maintained and no compensation in any form is received or paid. 2) The use and design of the proposed guest quarters, as conditioned, would not be detrimental to surrounding properties in that the structure is used for residential purposes, and will comply with all applicable development standards of the R-1 zoning district pertaining to accessory buildings used as a guest quarters. 3) The use, as conditioned, would not be detrimental to surrounding residents or properties since the use would be limited to a guest quarters, which is accessory to a single-family residence and will be used in conjunction with the main residence. The property owner would not be permitted to lease or rent the accessory guest quarters and a deed restriction will be recorded as such. 4) The design of the guest quarters ensures that it will be accessory to the main residence. The placement of the building at the rear of the main house is consistent with the predominant land use pattern in the area. In addition, the design of the guest quarters is compatible with the features of the existing main through the use of complimentary colors and materials. 5) The guest quarters will not adversely affect the character of the District or historic structures within the District in that the design, materials, location, size, scale, and massing of the structure are compatible with the main residence, and the structure must meet Tustin City Code requirements pertaining to accessory buildings used as guest quarters. H. That the proposed detached two-car single-story garage will be located at the rear of the property behind the existing main house and guest quarters. The garage will provide the required parking for the residence and guest quarters and has been designed with a pitched roof and materials compatible with the existing main house and guest quarters; I. That, pursuant to Section 9272(c) of the Tustin City Code, the Zoning Administrator finds that, as conditioned, the location, size, architectural features, and general appearance of the proposed structures will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole in that the design of the accessory buildings ensure that it will be accessory to the Zoning Administrator Action 13-001 CUP 2012-11 and Design Review 2012-006 445 W. 6" Street main residence. The placement of the buildings is consistent with the predominant land use pattern in the area of single-family residences. In addition, the design of the accessory buildings will be consistent with the features of the architecture of the existing main residence by complimenting the materials and colors, roof material, and windows. In making such findings, the Zoning Administrator has considered at least the following items: i. Height, bulk, and area of buildings; ii. Setbacks and site planning; iii. Exterior materials and colors; iv. Type and pitch of roofs; v. Size and spacing of windows, doors, and other openings; vi. Physical relationship of proposed structures to existing structures in the neighborhood; vii. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares; and viii. Development guidelines and criteria as adopted by the City Council. J. That this project is Categorically Exempt pursuant to Section 15303, Class 3, Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). [I. The Zoning Administrator hereby approves Conditional Use Permit 2012-11 and Design Review 2012-006 to authorize the construction a new two-car garage, conversion of the existing attached single-car garage into a bedroom and establishment of a detached guest quarters with no cooking facilities at 435 W. 6th Street, 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 7th day of January, 2013. ELIZABETH A BINSACK ZONING ADMINISTRATOR ADRIANNE DILEVA RECORDING SECRETARY Zoning Administrator Action 13-001 CUP 2012-11 and Design Review 2012-006 445 W. 6" Street Page 4 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, ADRIANNE DILEVA, the undersigned, hereby certify that I am the of the Zoning Administrator of the City of Tustin, California; that Action No. 13-001 was passed and adopted at a regular meeting Administrator, held on the 7t" day of January, 2013. WIN -a 6W111111-11 1 V M-1 :4 W Recording Secretary Zoning Administrator of the Tustin Zoning EXHIBIT A ZONING ADMINISTRATOR ACTION 13-001 CONDITIONAL USE PERMIT 2012-11 DESIGN REVIEW 2012-006 CONDITIONS • APPROVAL GENERAL 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 7, 2013, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Permits must be obtained within thirty (30) days from the date of approval. The subject project approval shall become null and void unless permits for the proposed project are issued and construction is completed within twelve (12) months of the date of this Exhibit, (1) 1.4 Approval of Conditional Use Permit 2012-11 and Design Review 2012-006 is contingent upon the applicant/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 issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a), SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW EXCEPTIONS Exhibit A ZA Action 13-001 Page 2 (1) 1.6 If the use is not operated in accordance with Conditional Use Permit 2012- 11, or is found to be a nuisance or negative impacts are affecting the surrounding residents 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 2012-11 and Design Review 2012-006, 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. FETWITITUMME (1) 2.1 The property is authorized as a single-family residential use only. Home businesses shall comply with the City of Tustin's Home Occupation requirements. 2.2 Use of any accessory building/guest quarters or attached room(s) as a second unit or boarding house is not permitted. Prior to the issuance of building permits, the property owner shall execute and record a deed restriction in a form acceptable to the Community Development Department and City Attorney to ensure that no part or the residence or the detached guest quarters are used or leased as a second unit. This deed restriction shall be recorded with the Office of the Orange County Recorder and shall be binding upon all future owners or interested parties of the subject property. (1) 2.3 No cooking or kitchen facilities may be installed in the accessory guest quarters and no compensation in any form shall be received. At building plan check, a note to this effect shall be provided on the plans. (1) 2.4 A Certificate of Appropriateness, issued by the Director of Community Development, will be required at the time of building permit issuance. Exhibit A ZA Action 13-001 Page 3 (5) 2.5 At building plan check, the location(s) of any existing accessory structures and whether they are proposed to remain or be demolished shall be indicated on the plans. Detached structures shall be separated by a minimum distance of ten (10) feet. (4) 2.6 The roof material of the accessory guest quarters and proposed detached garage shall match the approved proposed roof material of the existing main residence if the roof of the main residence is reconstructed, or match the existing roof material to the greatest extent feasible if the roof material of the existing residence is not changed. PLAN SUBMITTAL (1) 3.1 At the time of building permit application, the plans shall comply with the 2010 Edition State and the City of Tustin adopted codes: California Residential Code, California Electrical Code, California Plumbing Code, City Ordinances, and State and Federal laws and regulations. 1211:14 (1) 4.1 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) 4.2 Prior to issuance of a building permit, the applicant shall provide written approval from the Orange County sanitation District for the change in use. (1) 4.3 Construction and Demolition Waste Recycling and Reduction Plan (WRRP): A. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50% of the project waste material. B. The applicant will be required to submit a $50.00 application fee and a cash security 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 five percent of the project's valuation. C. Prior to issuance of a building permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin." Exhibit A ZA Action 13-001 Page 4 (1,5) 5.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building Plan Check and Permit Fees • All applicable Transportation Corridor Agency fees • School Fees (1) 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 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. ACTION AGENDA ZONING ADMINISTRATOR MEETING JANUARY 7, 2013 **** CALL TO ORDER: 10:35 a.m. Community Development Conference Room ROLL CALL: Elizabeth A. Binsack, Zoning Administrator PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda) CONSENT CALENDAR: No Items on Consent Calendar PUBLIC HEARING: 1. CONDITIONAL USE PERMIT 2012-18: A request to establish and operate an insurance office fronting El Camino Real and located within the Old Town Commercial General Plan Land Use Designation. APPLICANT: PETER ZAPPAS 700A EL CAMINO REAL TUSTN, CA 92780 PROPERTY OWNER: ALI ASGARI CATALYST INSURANCE SERVICES 694 EL CAMINO REAL TUSTIN, CA 92780 LOCATION: 694 EL CAMINO REAL ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE PROVISIONS OF SECTION 15301 (CLASS 1 – EXISTING FACILITIES) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. RECOMMENDATION: That the Zoning Administrator adopt Zoning Administrator Action (ZAA) 13-002 approving Conditional Use Permit (CUP) 2012-18 to establish and operate an insurance office fronting El Camino Real and located within the Old Town Commercial General Plan land use designation. Scott Reekstin gave a presentation on the item, and introduced Planning Intern Tom Vo who assisted with preparing the staff report. Zoning Administrator Agenda January 7, 2013 Page 2 The Zoning Administrator asked the applicant if he read the conditions of approval. The Zoning Administrator opened the public hearing. The applicant, Ali Asgari, looked through the conditions of approval and stated he would be able to comply with all the conditions as given. Had no questions or requests for changes. The Zoning Administrator closed the public hearing. The Zoning Administrator approved Zoning Administrator Action No. 2013-002, approving Conditional Use Permit 2012-18. 2. CONDITIONAL USE PERMIT 2012-11 AND DESIGN REVIEW 2012-006: A request for authorization to add a new detached two-car garage, convert the existing single car garage to a bedroom, and establish a detached guest th quarters with no cooking facilities at 435 W. 6 Street. APPLICANT/ PROPERTY OWNER: JAMES MOAT TH 435 W. 6 STREET TUSTIN, CA 92780 TH LOCATION: 435 W. 6 STREET ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION: That the Zoning Administrator adopt Zoning Administrator Action 13-001, approving Conditional Use Permit (CUP) 2012-11 and Design Review (DR) 2012-006 to add a new two-car garage, convert the existing single car garage into a bedroom and establish detached guest quarters with no th cooking facilities at 435 W. 6 Street. Amy Stonich gave the presentation for the item. The Zoning Administrator noted that the applicant was not present, and proceeded to open the public hearing. Zoning Administrator Agenda January 7, 2013 Page 3 Jeff Gallagher requested to review a copy of the conditions of approval. Barbara Cox inquired on the location of the guest house and new garage in relation to the existing property line, as well as the size of the proposed garage to be built. Nathan Menard inquired on the second residential unit Ordinance which is currently being drafted by staff and its applicability to the subject project. The Zoning Administrator closed the public hearing. The Zoning Administrator approved Zoning Administrator Action No. 2013-001, approving Conditional Use Permit 2012-11. REGULAR BUSINESS: None ADJOURNMENT: 10:55 a.m. The date of the next meeting of the Zoning Administrator will be scheduled when items are set for hearing. ITEM I A/U-7ENDA REPO . MEE71N1' 10,//\7E. JL%L\ Uz' G\Ff 7, 201- 7 o o 9©1`]1V l c 9\Dj7fl G 912 1 f: � 7 FRoc CO. jll7 i UN17Y DFSzYIELZ)Fj: ENT D[HiF -AR 7 ?Ii sfF,97 SM DE: J FE- C7 C C) fjI _3 171 Q [I\!AD L `,LJ 3E FD [,7:�R1 jj� 7 2 9C 1? -10 F R. Did R a `T FE 7 7E ZZAPPA S 01r�7 ]L VZ 700A EL CAPil1 REGAL 7 �JS71,�1, C 10270' 0 F ?LIlQ /L\ 97- AL1 AS10-71AR] gff,%�LYS7 INSURANCE S E-iVFZAJ1C[S 3,2-W,3 EL REAL 7uS 111u\], Q/A '727,0 LIZ)Cn, 71010 77' FEZ -A,ijJ Not, nI,===AL z0?l1IN�)- CEL 1\d IAL �D�51�1 �c�L�LJ�D��� �11��1�1D Vin` N1\JG �C 2 - F 1\P/I� �DN N'EzIM7 /AL 7LLF11S I?1Z0-3 1�C712 QA7E--DOV ] AT-LY L��K E j /1, 1p 7 nM RSUAJ\,]7 S 7 - A7LLX- o 70 7r1C� PROVISIONS D7 SE c, i7 001`1 1-5 o I � CLIASS I FE-iNOS7IAG IFACIL171ES) 106` 7H- CAL,97DR11]n E ViRONMENT L c- LJ9\LFN ACT R M X57, A REQUEST 70 ESYABLISih] AND OFLR�A7Ez A-H JdNSUF1, ,NCE OFFICE FRONTIND CAL CAMINO REAL AND L0 -A7ED WITHIN 711E OLD TOWF] COMMERCIAL c N RAL PLAN LAID US L D FE-- 51 QINAT10a 1, Zoning Adrr injs�raZor January 7, 2013 CUP 2012 -18 Page 2 MSC L-) r Pil IF- NDA71C f�9 That `the honing Administrator adopt honing AL drruinis�ralor clion (zA"I -\) 13-002 o rodrag CondN-ionaa Use Psrmn t (CUP) 2012 -18 to estabiish and o,perale an inSLIr2rloe o'Tce "ort� ng S Camino i°oai and located within the Old T o�/�m Commercial General ian land Liss designa'Jon. �R- Q-V LT- -ALJ 7 HQRITY Section 9233c(1 O) of the Tustin CKy Cole regJres '7hat profssss one -A and general offices fronting onto Nliain SIreoyj or El Camino Real and located ?j� thin the Old T o�xn Comm— ,Tcia- l G- Snerai Ran land use d—signa'Jon obtaa n approval of a conditional use Permit. P- ursuans to Tust n City Cole Section 9229b(3)'(e), the Zoning Admr nistr for has -lhe au�lhority -,to appTo1io or deny requests for minor condiJonaa use ,per r Ks in vAjhioh ashore �jvoL ld be no changs, it occupancy or primary use. OACI 3RI QUN0 ,Location H Camino UVRL�ZE is located zilong El Camino Roal �,vhore it turns into iii Carnino VA/ay and eventually dead ends into Iho lnterstaso 5 Freevjay. The plaza is located vvi Nn the soullheam aroa of Old To�jvn Tust�n boTderad to she non�h by 5th Street. A variety of commercial tenants vuhich include reta 1, se.rvico commercial, res"laurant, gym, and sheal�er Uses comprise El Camino Razz. The subject' property is located �jAjithin the General Cornrnorcial and Corbin ng IParldrig zoning dis�IJ Z (C2-F)) and has a General 'plan land US—a designation of old I ol,� n Commercial. Zoning Adrr�nj k'rator Januar!' 7, 2013 CUP 2012 -18 Page 3 Sun-ou,ncl�ng JoropOT�j("'S To the north co tG� project sate ��� -I VV. 5 8tr�ct l °o- commercial uses as Nxell as Multiplo uar°r y residential uses. El Carnu no Maza is bordered to the soup h by the ln'tcrstats 5 U re -Mijay and a sin& office b0ding. AM'ticnal ccrr merclaI properties also located �'YAIKNn the C2 -p zoning district lie to Iths Gast o �ths prcjest sita across El Camino Real and E Camino YAJay. To the �jAmst lis ccmrnerclal and jndustrlal uses. Pubfic A7ctJoing A pubk hearing nctics identifying the -tlm-g,, dale, and lccaJon of the pUb9lc hSaJng for the proposal �jvas puMshed in the Tus n lNee yljs on Dece mber 20, 2012. Props-'Fly c>>l>rusrs �,AJ n 300 °asst ci Zoning Administrator January 7, 2013 CUP 2012 ®13 Page 4 Hours of OperrationlFarking The proposed hours of operation nor the business are 9:00 a.m. to 7:00 p.m. daily which are consistent with other guises within El Camino Plaza. Insurance uses such as the one being proposed are classified as a general office use, As previously mentioned, the property is located within the !Combining Parking district which identifies different paffng standards than other districts. Office wise has the same parking ratio as general offfice use (1 stall/300 s.f.) within the Combining Partaking district. This parking ratio is less intensive than a retail use partaking ratio (1 stall/250 s.f.) which previously occupied the tenant space. 'No parking impacts are anticipated to result from true proposed use. offo0e USa Drita,r),a Section 9271ee(2) of the Tustin City Code specifics standards for professional and general office uses which front onto Main Street or Dl Camino Real and are located within the 'cold Town Commercial General Plan land use dcsignation, as follows: "O=ffices squall be more compatible with the existing and planned uses in the 'vicinity than a retail commercial use on the subject property and squall be more beneficial in implementing applicable land use policies." The proposed use is to be located in a multi- tenant retail center and is ancillary, but complementary, to the remaining mixed uses with respect to 'type of ease, hours of operation, convenience, and partaking demand. The proposed use is therefore determined to be beneficial, complementary, and compatible with the surrounding neighborhood and nearby retail establishments. Di Camino is addressed on Dl Camino Real; however, duce to the configuration of the plaza, the tenant spaces do not technically front El Camino Real. There is an expansive parking lot that borders the street frontage along B 'Camino Real '�AJth the tenant spaces recessed from the street and located along the perimeter of the parking lot (see Figure 1 e aerial reap). The plaza is oriented towards automobile use, unlike the majority of commercial properties within Did Town Tustin which are pedestrian oriented with buildings located along the street front where retail uses are encouraged. An insurance office use is defined as a general office use; however, the use is similar to that of a service commercial use which would have a turnover of clientele throughout the play. in terms of parking demand and foot traffic, the use is anticipated to be similar to or less intensive than other commercial uses in Di Camino Plaza. Due to the size of the tenant space (425 square feet) and less prominent location, the tenant space does not lend itself well to retail commercial usage. There also is limited storage and display area for retail use and the limited pedestrian exposure makes walk -in activity unlikely. FINDYMCI In determining whether to approve the Conditional Use Permit for the proposed insurance office located at 694 Dl Camino Real and within C i Camino Plaza, the Zoning Administrator must deterrnine 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 Zoning Administrator January i, 2013 CUP 2012 -13 Page 5 in the neighborhood or whether it will be Injurious or detrimental to property or iMprOVernents it the viciruity or to the welfare o the City. In addition, Tustin 'pity Cole Section 9271ee(2) prevldes standards for aui:iee uses which front onto Main Street or El Camino Real and are located within the Old Toviin Commercial General Plan land use de- signation. A decision to approve this request as conditioned may be supported by the following findings: 1. The location of the tenant space is recessed from the street with low visibility and makes it more suitable to a destination office use than general retail Liss; 2. The small size of the tenant space (425 square .feet) glees not lend itself well to a retail use which would require storage space for products,, 3. Insurance effiee Uses are sirnilar in operation to service commercial uses which are located throughout El Camino Plaza; 4. The proposed hours of operation from 9:00 a.m. to 7:00 p.m. are compatible with ether uses within El Camino plaza; 5. The proposed insurance office is located in a multl- tenant retail center and is ancillary but complementary, to the remaining mixed uses vAMh respect to type of use, 'hours Of operation, convenience, and parking demand; 0. The proposed insurance office is beneficial, complementary, and compatible with surrounding neighborhood and nearby retail establishments; anal, 7. The proposed use has been determined to be in oonformanoe �Mth the City's General Plan, which allows for a variety of retail, of loe, and service - oriented business aotivlVes to serve Old Town and surrounding areas. Staff recommends that that the Zoning Administrator adopt Zoning Administrator Action No. 13 -002 approving Conditional Use ,'Permit 2012 -100 to establish and operate a insurance office fronting El Camino ;meal and located within the old Town Commercial General Plan land use designation. So ®#t Reekstin Senior Planner Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Zoning Administrator Action 13-002 LOO Cn TNC 1i\\1 Ril[ AF W- AVE CITY OF SANTA ANA COUNTY OF ORANGE CITY OF \, IRVINE TUSYIN LEGACY e 4gg9 P�4 CITY � �,�' � OF IRVINE RVINE i q1 TUSTXi9 n J 3, 1 ml Fin 0 U -2Z TI ®IV MAP T) Tojvc,� N rc)o CUP 2022 -0 -18) AddT\ -ass, 594 Hd Camono Read T LISVni,, CA 92780 ar .- I IN I&A or zAT !� ACHPv] [E uN 7 iL LANQj U 5[E F -Ac 7 �s [INJIE-C11 LAND USE AFPL1 QA70P,1 FACT 519 ET 1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT 2012 -018 2. LOCATION: EL CAMINO PLAZA 3. ADDRESS: 694 EL CAMINO REAL 4. APN(S): 401-631-01,15 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: CUP 10 -018 6. SURROUNDING LAND USES: NOR'T'H: COMMERCIAL /RESIDENTIAL SOUTH: COMMERCIAL EAST: COMMERCIAL WEST: INDUSTRIAL %. SURROUNDING ZONING DESIGNATION: NORTH: C2 P /R3 SOUTH: C2 P EAST: C2 P WEST: PM 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: OLD TOWN COMMERCIAL /HIGH DENSITY RESIDENTIAL SOUTH: OLD TOWN COMMERCIAL EAST: OLD TOWN COMMERCIAL WEST: INDUSTRIAL 9. SITE LAND USE: A. EXISTING: SHOPPING CENTER (COMMERCIAL) PROPOSED: SAME S. GENERAL PLAN: OLD TOWN COMMERCIAL PROPOSED: SAME C. ZONING: CENTRAL COMMERCIAL (C2 -P) PROPOSED: SAME B EVTE LOPME�1 7 FACTS. NO CHANGE TO THE EXISTING DEVELOPMENT IS PROPOSED. Z T IAIQ � �rl IE NT U HE `i � rd17T -© ''LA�1 _L.. V J CJ E C'U 5 H A l ll s I ._ems acs <' I J 1 i w- 1� III i" lil f,1 I I! lloz G, 3Al303 dAV 1a0dM3N W08_, N�� b Nb b �ltv LO i C�7 JUL] Ma/ w If zi z f] ti N y a:I 00 O J cl�, o��o 0 Cl L7q w If zi z f] Cl cl P.� 61 w If zi z f] w n m z --a D n m EQUdPMEjr\9 V ROOM OFFICE 12'11" 32'11" V 0 z AT n, HprdFEi?O O ZOMR-i\,9O ADMMIMO TFIZn TOR ACTION � -0b L02 COI9n1 1-1 NON/AL>, USE ?sRFNI, 7 29M -I, 994 FE ,-A !V1N� FIR FEz�\L The Zoning Administrator of the City of Tustin does hereby resolve as follovis: The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use 'Permit (CUP) 2012 -18 was ailed by .Ali .Asgari of Catalyst lnsurance Services to establish and operate an insurance office within sl Camino Plaza located at 694 El Camino Real. S. That the property has a Central Commercial (C2) zoning designation and Old gown Commercial General Galan land use designation, which provide for a variety of commercial and entertainment uses. in addition, the project has been reviewed for consistency with the Air Quality Sub- - element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub - element. C. That El Canino Plaza fronts onto El Camino Real and pursuant to Section 9233c(IO) and 9271ee(2) of the Tustin City Code, professional and general offices located on the ground floor, fronting onto Main Street or 'El Camino R eal and located within the Old Town Commercial General Plan land use designation require approval of a conditional Use permit. D. That pursuant to Section 9299b(3)('k) of the Tustin City Code, the Zoning Administrator is authorized to approve, conditionally approve, or deny conditional use permits for professional and general offices ,,4\,ihich front onto Main Street or El Camino Real and are located Nj�Jthin the Old Town Commercial General Plan land use designation. E. That a public hearing Aas dLly called, noticed, and held for Conditional Use Permit 2012 -18 on January 7, 2013, by the Zoning Administrator. F. That the establishment, maintenance, or operation of the proposed office use will riot, under the circumstances of the use, be detrimental to the UD altiV, safety, morals, comfort, an I general welfare of the .persons residing or working in the neighborhood or injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City in that: 1 ) The location of the tenant space is recessed from the street with low visibility and maXes it more suitable to a destination office use than general retail Use. Zoning Administrator Action 13 - 002 CUP 2012 -18 Page 2 2) The small size of the teruarrt space (425 square feet) does not lend itself well to a retail use which would require storage and display space for products; 3) Insurance office uses are similar in operation to service commercial uses which are located throughout EI Camino G aza; 4) The proposed hours of operation are cornpatiUa with other uses ,within EI Camino Mazes; 5) The proposed office use is located in a multi-tenant retail center c-ind is ancillary but complementary to the remaining mixed uses with respect to type of use, hours of operation, convenience, and Parking demand; 6) The proposed office use is beneficial, compIcamentary, and compatible with surrounding neighborhood and nearby retail establishments; and 7) The proposed use has been determined to be in conform-4-Iruce with ,the !pity's GeneraI Plan, which allows for a variety of retail, o Nce, and service - oriented business activities to serve Old gown and surrounding areas. G. That this project is Categorically Exempt pursuant to Section 15301, Class 1, Title IA, Chapter 3 of the California Code of Regulations (Guidelines for the California Environrnentaa !Quality Act), 11. The Zoning Administrator 'hereby approwes Conditional Use Fernl4t 2012 -13 to establish and operate an office located at 694 El Camino Real which fronts onto El Camino beau and located within the !old Town Commercial General .fIan Iand Use designation a subject to "true conditions contained within Exhibit A attached hereto. PASSED KNID ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the `fit" day of January, 2013. Elizabeth A. Binsack ZONING ADMINISTRATOR Adrianne @iLsva- Johnson RECD MNIG SECRETARY Zoning Administrator Acti ®n 13 -002 CUP 2012 -18 Page 3 STATE OF CALI BORN CITY OF J US :I INJ I, ADRIAlNI'ME DILEVA-JO NSON7, the undersigned, 'hereby certify that 1 am the R,3CoTdi g Stacy &tziry o�T the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 13 -002 vvas peassed and adopted at a regular meeting of the Tustin Zoning Admini &tratOT, ha-Id on the 7rn day of JanuaTy, 2011 Adrienne DiLeva- Johnson RECOIR!OiNIG SECRET ARY iNHIS11 ii X0L1r\]h\J AC ii i0J\9 12)-002 (L71 I'D UN D 17 110 x'15 10 F A�10@F 0 V A L M The proposed project shali su:bstantiaHy conform with the submitted plans 'Tor the proje'ct date stamped January 7, 2013, on flie with the Community Development Department, as !herein modifle -d, or as modified by the Community Deveiopment Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans it such modifications are consistent with provisions of the muslin Ginty Code or other appiicabie regulations. �1) 1.2 All conditions in this Exhibit shall be comp] °oed with subject to review and approval by the Community Development Department. a1 The subject project approval shaft become null and void unless the use is established within bAjelve (12) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration, �) Approval of Conditional Use Permit 2012 -18 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 establlshed by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. �1) 1.9 As a condition of approval of Conditional Use Permit 2012 -18, the appHcan't shall agr(ae, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, `TOM 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 Manning Commission, or any other decision - making body, including staff, concerning this project. The City agrees to promptly no°tuiy, the applicant of any such claim or action. she City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. SOURCE CODES �1) STAFi\,IDAR D Cc- ONDITION 10) 3[-=-SPCNSICSLE AO ENCY RFE Q M93EE I1'q/[ N i1 S �2) COCA MITIGATION �9) LAS\ S APF\\10 OMiDEf INES �3) U\\HFORM BUILDING CODE-10) �7) F)C /CC POLICY Qom) D'�SIGN \ IEVEjr\J EGCL QS Exhibit A ZA Action 13 -002 Page 2 �1) I �6 The applicant shall be reSpcnsible for costs associated with any necessary code enf=ernent action, including attorney fees, subject to the ppl °oc�'ble notice, hearing, and appeal ,process as established by the City Council by ordinances. us � M57RIC a 1719 2 �1I 2.1 At the time of building permit application, if applicable, the plans shall comply with the latest State and the City of Tustin adopted codes: California Building Code, California Eactrical Cole, City Ordinances, and State and Federal laws and regulations, �1) Z2 Accessibility improvements, such as detectable earnings at the curb ramp, bathrooms -anal signage may be required to be installed per the California Building Code, Section 1134. FIE CES �2) 0o1 Within forty -eight (48) hours of approval of the SUbject project, the applicant shall deliver to the Community Development Department, a ch z,,R payable to the Q,o Jn9TY 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 cheep, the statute of limitations for any interested party to challenge the environmental determination kinder the provisions of the California Environmental Quality Act could be significantly lengthened.