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HomeMy WebLinkAboutZAA 14-003ZONING ADMINISTRATOR ACTION 14-003 CONDITIONAL USE PERMIT 2014-07 2600 WALNUT AVENUE, SUITE F 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 2014-07 was filed by Tim Lau of Nocturnal Lights, Inc., requesting authorization to operate an ancillary scuba instruction in conjunction with an existing wholesale and online scuba equipment shop located within an existing 1,800 square foot tenant space at 2600 Walnut Avenue, Suite F. B. That the Planned Community Industrial zoning designation, Irvine Industrial Complex Planned Community District regulations, and General Plan land use designation of Planned Community Commercial/Business provide for a variety of commercial, office, and light industrial 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 in accordance with TCC Section 9299b(3)(f), the Zoning Administrator is authorized to consider minor conditional use permits for existing development where there would be no change of primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2014-07 on June 30, 2014, by the Zoning Administrator. E. That the establishment, maintenance, and operation of the proposed ancillary scuba instruction 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 a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: 1) Section VI, Subsection C of the I1C allows for indoor recreational uses such as scuba instruction subject to the approval of a Conditional Use Permit 2) The proposed use would be an ancillary component of the existing primary business of the wholesale and online scuba equipment store. Zoning Administrator Action 14-003 Conditional Use Permit 2014-07 Page 2 3) No parking or traffic impacts are anticipated since the scuba instruction would not occur at the same time as the primary business use. Scuba instruction would occur in the evening hours when the majority of tenants within the center are closed. The number of clients and instructors would be limited to the available parking allotted to the tenant space. 4) All activities would occur within the building and no outdoor storage would be permitted. 5) No noise impacts are anticipated as the exterior doors to the tenant space are required to remain closed when operating the air compressor. 6) As conditioned, Conditional Use Permit 2014-07 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 2014-07 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. G. That this project is categorically exempt pursuant to Section 15301, (Class 1) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby adopts Zoning Administrator Action No. 14-003 approving Conditional Use Permit 2014-07 to operate an ancillary scuba instruction in conjunction with an existing wholesale and online scuba equipment shop located within an existing 1,800 square foot tenant space at 2600 Walnut Avenue, Suite F, 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 30th day of June, 2014. 2 � � �- , "-V /R ELIZABETH A. BINSACK ZONING ADMINISTRATOR Zoning Administrator Action 14-003 Conditional Use Permit 2014-07 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, VERA TISCARENO, 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. 14-003 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 30th day of June, 2014. • 4fY � ``\\ 1001=016101 IM41�. EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2014-07 2600 WALNUT AVENUE, SUITE F GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped June 30, 2014, 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 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. (1) 1.4 Approval of Conditional Use Permit 2014-07 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 issuance of an administrative citation pursuant to TCC 1162(a). (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. i1.1611JZNAK•11L;ti (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 Zoning Administrator Action 14-003 Conditional Use Permit 2014-07 Exhibit A Page 2 (1) 1.7 Conditional Use Permit 2014-07 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 2014-07, 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) 1.8 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine 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, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis, traffic study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: (a) Adjust hours of operation. (b) Reduce the number of instructors and/or students (c) Provide additional parking. (d) Prepare a noise analysis and install recommended sound attenuation mitigation measures (e) Removal of the air compressor (1) 1.9 As a condition of approval of Conditional Use Permit 2014-07 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 filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. USE RESTRICTIONS (1) 2.1 The proposed indoor recreational, scuba instruction, use requires a parking ratio of one (1) space for each three (3) persons. The business is Zoning Administrator Action 14-003 Conditional Use Permit 2014-07 Exhibit A Page 3 currently approved for fifty (50) percent office, twenty (20) percent warehouse, and thirty (30) percent wholesale use within an 1,800 square foot tenant space. The current use is allotted 4.5 parking stalls which would allow for a maximum of thirteen (13) persons, including instructors, for scuba instruction within the tenant space at any given time. (1) 2.2 Ancillary scuba instruction shall not operate at the same time as the primary wholesale and office scuba equipment business. If in the future, the applicant wishes to operate the scuba instruction at the same time as the primary business or increase the number of participants then a comprehensive parking summary for the center will need to be provided which demonstrates that additional parking stalls are available to accommodate both uses operating concurrently. Alternatively, a joint use parking analysis may be provided which demonstrates that there is sufficient parking in the center to accommodate all proposed uses. (1) 2.3 Each scuba instruction session shall be concluded with sufficient time for attendees of the prior session to vacate the site prior to arrival of attendees of the next scuba instruction session. (1) 2.4 All activities shall be located within the enclosed building. No congregation and/or loitering in the parking area or walkways are allowed in association with the use. (1) 2.5 All activities shall comply with the City's Noise Ordinance. Exterior doors to the facility shall be closed when operating the air compressor. (1) 2.6 No change or alteration of the tenant space shall occur without prior approval of the Community Development Director. Major modifications to the floor area, services, and/or operation of the business may require consideration of a new conditional use permit. (1) 2.7 No outdoor storage shall be permitted except as approved by the Community Development Director. All scuba equipment including tanks shall be stored within the existing building. 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 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.