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HomeMy WebLinkAboutZAA 15-007ZONING ADMINISTRATOR ACTION 15-007 CONDITIONAL USE PERMIT 2015-07 2856 EL CAMINO REAL The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2015-07 was filed by Heather Luther of Manic Mind Productions, LLC., requesting approval for a temporary haunted house use within an existing 15,694 square -foot tenant space located at 2856 EI Camino Real. B. That the property is zoned Planned Community Mixed (PCMU) in the East Tustin Specific Plan (ETSP) and has a General Plan Land Use designation of Planned Community Commercial/Business, which provides for a variety of retail and service commercial uses including commercial recreation uses. The project is consistent with the Air Quality Sub -element of the City of Tustin General Plan. C. That in accordance with TCC Section 9299b(3)(fl, 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 CUP 2015-07 on July 6, 2015, by the Zoning Administrator. E. That the establishment, maintenance, and operation of the proposed fitness center 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. Commercial recreation facilities including bowling, ice skating and similar uses are conditionally permitted within the East Tustin Specific Plan and the proposed temporary haunted house is similar to said uses. 2. All activities would occur entirely within the building. 3. As conditioned, adequate security personnel will be present during business hours. 4. As conditioned, appropriate emergency procedures will be in place and trained personnel will be present during business hours to effectively respond to emergency situations. Zoning Administrator Action 15-007 CUP 2015-07 Page 2 5. Parking for the proposed use can be accommodated as there is a surplus of over 700 parking stalls in the Tustin Market Place shopping center. 6. The proposed hours of operation are compatible with other uses within the Tustin Market Place shopping center. 7. As conditioned, Conditional Use Permit 2015-07 may be reviewed as needed, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 2015-07 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. 8. The Tustin Police Department has reviewed the application and, as conditioned, has no immediate concerns. F. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves CUP 2015-07, authorizing a temporary haunted house use to be established within an existing tenant space located at 2856 EI Camino Real., 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 on the 6th day of July, 2015. ELIZABETH A. BINSACK ZONING ADMINISTRATOR VEA\tISCXNtW1 RECORDING SECRE ARY Zoning Administrator Action 15-007 CUP 2015-07 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Vera Tiscareno, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 15-007 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 6th day of July, 2015. m r VERA YISCAREN-O Ny RECORDING SECRETARY GENERAL EXHIBIT A ZONING ADMINISTRATOR ACTION 15-007 CONDITIONAL USE PERMIT 2015-07 2856 EL CAMINO REAL The proposed use shall substantially conform to the project description and submitted plans for the project date stamped July 6, 2015, on file with the Community Development Department, except 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 minor modifications during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (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 and associated fee are 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 2015-07 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 "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 As a condition of approval of Conditional Use Permit 2015-07, the applicant and property owner 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, SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Zoning Administrator Action 15-007 CUP 2015-07 — Exhibit A July 6, 2015 Page 2 including staff, concerning this project. The City agrees to promptly notify the applicant and/or property owner 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. (1) 1.6 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.7 The applicant and/or property owner 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. (1) 1.8 Conditional Use Permit 2015-07 may be reviewed at any time 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 2015-07, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. USE RESTRICTIONS (5) 2.1 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) 2.2 All activities shall comply with the City's Noise Ordinance. The applicant and/or property owner shall install, as necessary, interior sound attenuation material to minimize noise and/or vibration impacts on adjacent tenants. (1) 2.3 No outdoor storage shall be permitted except as approved by the Community Development Director. (5) 2.4 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 proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis, traffic study, or noise analysis and the applicant and/or property owner shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant and/or property owner shall be required to provide mitigation measures to be reviewed and approved by the Zoning Administrator Action 15-007 CUP 2015-07 — Exhibit A July 6, 2015 Page 3 Community Development Department and/or Public Works Department. Said mitigation may include, but are not limited to, the following: a. Establish alternative hours of operation. b. Reduce the number of persons allowed in the facility at any given time. c. Provide additional parking. d. Install additional sound attenuation material. (1) 2.5 Prior to operating the temporary haunted house use, the applicant shall obtain a valid Tustin Business License. (5) 2.6 The business hours shall be as follows: Sunday to Thursday 5:00 PM — 12:30 AM Friday and Saturday 5:00 PM — 1:30 AM *** 2.7 The applicant and/or the property owner shall provide at least two (2) dedicated security personnel during business hours. In addition, the applicant and/or property owner shall provide at least four (4) dedicated, onsite security personnel during business operations occurring after 8:00 P.M. (1) 2.8 The applicant and/or property owner shall be responsible for any costs associated with having the Tustin Police Department provide security services for the proposed use. *** 2.9 The temporary haunted house use shall cease operating by November 2, 2015. PLAN SUBMITTAL (1), 3.1 The applicant shall submit an application and plans for a building permit (5) for the temporary Special Amusement use of the vacant tenant space. The applications, plans, details, specifications and fees shall be submitted to the Building Division. Plans, details and specifications shall include information regarding electrical, plumbing and mechanical systems that exist, exists but will be modified, and new construction. *** 3.2 The applicant shall submit construction documents at least thirty (30) days prior to the anticipated construction start date. Zoning Administrator Action 15-007 CUP 2015-07 — Exhibit A July 6, 2015 Page 4 *** 3.3 The tenant space shall be returned to its pre -event condition within two (2) weeks of the end of the temporary haunted house operations. All construction shall be removed and recycled in accordance with the Tustin Waste Reduction and Recycling Plan (WRRP). (1) 3.4 A valid sign permit shall be applied for and issued prior to installing any permanent or temporary signs related to the temporary haunted house use. ORANGE COUNTY FIRE AUTHORITY (5) 4.1 Prior to operating the temporary haunted house, the applicant shall submit an application to and obtain approval from the Orange County Fire Authority (OCFA) for the proposed temporary haunted house use. The applicant shall provide a copy of OCFA approval to the City. (5) 4.2 The applicant and/or property owner shall develop and implement a comprehensive emergency procedure plan in conformance with OCFA Guidelines for Temporary Haunted Houses. FEES (1), 5.1 Prior to issuance of any permits, payment shall be made of all (5) applicable fees, including but not limited to, the following: • Building and Planning plan check and permit fees • OCFA permit 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 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.