The URL can be used to link to this page

Home My WebLink AboutZA AGENDA REPORT ITEM #2 ITEM N0. 2 V ( , FATE: OCTOBER 6, 1997 Inter- Com TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: TEMPORARY USE PERMIT - MOBILE MINI-STORAGE APPLICANT: SIMPLY SCRUMPTIOUS CONFECTIONS DEBRA FORMANECK 13882 NEWPORT AVENUE, SUITE G TUSTIN, CA 92780 OWNER: ELDON PRIMROSE 1219 SOUTH MAIN STREET SANTA ANA, CA 92707 LOCATION: 13882 NEWPORT AVENUE, SUITE G ZONING: COMMERCIAL GENERAL DISTRICT ' (CG) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO PROVISIONS OF SECTION ' 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: AUTHORIZATION FOR THE ESTABLISHMENT OF A TEMPORARY USE OF A MOBILE MINI•-STORAGE UNIT LOCATED AT THE BACK OF THE SUBJECT PROPERTY FOR A , PERIOD NOT TO EXCEED SIX MONTHS. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 97- 009 approving the proposed Temporary Use Permit. BACKGROUND AND DISCUSSION The applicant is requesting approval of a six--month temporary use permit for a mobile mini-storage unit located in the back of the property at 13882 Newport Avenue, 'Suite G. Tustin City Code Section 9299 (13) (3) (j ) authorizes the Zoning Administrator to approve Temporary Uses for a period of up to six months. d Zoning Administrator Report —, Temporary Use Permit - 13882-G Newport Avenue '1 October G, 1997 i 4 Page 2 Site and Surrounding Properties The property is located on the northeast corner of Newport Avenue and Bonita Street, and developed with a retail building known as the Primrose Center. The other tenants of the center include : Grand Finale Bakery, Inked Impressions Rubber Stamps, Salem Chiropractic, and Kimmi's Beauty Salon. Surrounding uses include single family residential to the east . On either side of 'the center, as well as across Newport Avenue, are additional commercial centers . Pro 'ect Description Simply Scrumptious Confections is a confectioner that specializes in wholesale and corporate accounts. They operate out of x ' 950 square foot suite at the Primrose Center. The applicant needs additional storage space due to a combination of growth in -business and an increase in inventory. required by the upcoming holidays of Halloween, Christmas, Valentine' s Day and Easter. The owner, Debra Formaneck, checked with the property owner to 'see if additional space within the center was available for rent, but there wasn' t . , As a temporary solution, the applicant rented and installed an eight foot by twenty foot storage unit directly behind her suite. The unit is set flush against the main building, directly on the ground., The unit is_painted similar to the main building and does not project into the drive aisle area any more than the trash dumpster' enclosure, leaving a.. drive aisle of twenty--eight feet . The applicant is also currently searching for a larger location (Attachment A) . Signatures have* been received from all of the tenants within the Primrose Center, stating that they have no objection to the Temporary Use Permit. Signatures have also been received from the resident directly behind the center (1041 Bonita St . ) and from other residents in the area (Attachment B) Additionally, the Orange County Fire Authority has conducted a site inspection to confirm that their trucks would still have adequate maneuvering room behind the building (Attachment C) . USE RESTRICTIONS. To ensure that the proposed use is as unobtrusive as possible, some operating restrictions are proposed to be placed upon the use if it is approved. In accordance with the Tustin. City Code, the use can only be authorized for a period of six months, and the unit may only 'be used to conduct business within the scope- of daily operations of- Simply Scrumptious Confectioners . Also, the permit Zoning Administrator Report Temporary Use Permit - 13882-G Newport Avenue October 6, 1997 i Page 3 subject location. Should the premises be vacated, the storage unit would be required to be removed.. Bra e . Ev so Daniel Fox, AICP Assistan P nne Senior Planner BE:tug13882.zar l Attachments: Location Map• Attachment A —Application (Site Plan/Photos) Attachment B - Consent of Neighbors Attachment C Fire Authority Correspondence Zoning Administrator Action No. 97-009 LOCATION MAP/-,-,-"� 7 _ Fir ' m 1 � r �12us c- Lc CA f r WA UT ST. SS n o m n n'n n n n� 1]011 aQp 13621 � • Q; 1USTIN 1 LACUNA G � 00000 0 7369 O ul BO ITA s7 f � N n N N N •9 OO 8 y a • n o IR Al- . EL 14332 MCC g sox 14332- r R^Y L A PIN r 6 MAP 1 NO SCALE H l I Hl+rVir-hi I H TEMPORARY USE PERMIT Simply Scrumptious Confections 13882 Newport Ave.,Suite G Tustin, CA 92780 September 4,1997 TO: The City of Tustin Community Development Department RE: Reason for Mobile Mini Storage/Office Unit I am the owner of Simply Scrumptious Confections. I make and sell chocolate candies.The majority,of my sales occur during'the months of October through March because the main"candy holidays"fall within this time frame: Halloween,Thanksgiving,Christmas,Valentines Day and Easter. It is necessary to increase my inventory substantially during this time period to meet demand. This,combined with the fact that my business has been growing at a rapid pace has caused an overall shortage of space in my current location'. While this is a happy event compared with the alternative,it was necessary for me to find a.way to accommodate my need for additional storage and office space, while still staying on-site to run my business. I'first confirmed with my Landlord that there was no vacant space available in the center for me to expand into. A mobile mini storage/office unit seemed an ideal,temporary solution until I am able to relocate my business to a larger facility next year.I proceeded with having one installed,unaware that permits were required. Once I was notified of my infraction, I moved immediately to rectify the situation. I thus come before you with this petition for a Temporary Use Permit. I have compiled the necessary'signatures.and information to support your favorable response.Thank you for your consideration. Debra L. Formaneck Owner TEMPORARY USE PERMIT, ' Simply ERMIT - Simply Scrumptious Confections 13882 Newport Ave.,Suite G Tustin, CA 92780 Jk X11• �� r Mobile Mini Storage/Office Unit n The unit matches the color of the building and blends in. It is positioned right up against the side of the building so there is no space available for the homeless to sleep at night. It does not block any doors or roof access. !sem yi;=�..•..yb^:,-C:. - - .L.;��.r`,,",•r ..• 'r.! •Gt 2-•Si�, ..�`: ;�=tea.=•"„...: View from the adjacent property'looking South toward Bonita St. The unit Moes not protrude out any further into the alley than the trash enclosure wall.' TEMPORARY USE PERMIT Simply Scrumptious Confections 13882 Newport Ave-, Suite G Tustin, CA 92780 -- «,-}:s:�y,-c?ice _ - -_��„ -�-•r^ View from Bonita St. looking North •a� r/ .. _ .LANG'�•x�4t��/.:UZWG.aTIv�-'TYI?�:� �l � I 1� 1 i Id 17 i P2. I li `I 10 ''! 6 .I '.F I (c 4 S5••4 ! V i I 17121V� AISLE � - .I � • 24 215 2!c I, 'L:� � '-?AI 29 � x�,� •,`;I i' . . LJ�.Nt�2CApE 112121GAYloN l�i'I t � •..• I �•• - ' . t s.'I I I I W laLW4Y' III Ijllli j�nill III iII� I I III! ' n I, .t i L --n-•--._L�_., - . . II ISI;,111.1 III i •i. II;, '.II•I. - �Itlii..!Iila' II.' ll:j.'I II.11 :IL��'I° i.,.f. f.. J , RETAIL 8T01RESal �` ! co irnoliil4:Mi�u: a - . ii-,k 1 � ✓'KING t'•. Z- o'MVIGgl pJ.iC WA4L•�_ • . 1�.0.2yJ1::�.. I. I TEMPORARY USE PERMIT Simply Scrumptious Confections 13882 Newport Ave.'.Suite G -Tustin,.CA 92780 I have no objection to Simply Scruptious Confections' use of a mobile mini storage/office unit in the rear alley at 13882 Newport Avenue,Tustin CA 92780. TENANT APPROVAL: Name Business Address lee 7-L-)5 7-7 - NEIGHBOR APP OVAL: 1IV 6C th- t A) Zk- ,, liftMEA40 F�r�e Preveitlaa Draisia�ti ,�-`� . ScPtrmber 11, 1997 T4:Bz*d Evanson/Associate Planner Community Development Departn eat ' FROM:Dave Montgomery/,Fire Safety Specialist II Fire Prevention SUBJECT:Fire L gae Obstruction At`138U Newport Ave(simply scramptaus) Dear Bra4,the portable buildiog at the rear of the above mentioned property dors not ob �e m1°wn required Fire lane width.rfyou have any farther.qu� struct the ich yogi cart contact me at uct 4-7537 4 _ • 1 ZONING ADMINISTRATOR ACTION 97-009 i TEMPORARY USE PERMIT 2 13882 NEWPORT AVENUE, SUITE G OCTOBER 6, 1997 3 The Zoning Administrator-of the City of Tustin does hereby resolve d as follows : 5 T. The .Zoning Administrator finds and determines as follows : 6 A. That a proper application for a Temporary Use Permit was filed by Simply Scrumptious Confections to authorize the 7 use of a mobile mini--storage unit to temporarily accommodate an increase in business, with the unit being 8 located in the back of 13882 Newport Avenue, Suite G. 9 B. That a public hearing was duly called, noticed and held on said application on October. 6, 1997 by the Zoning 10 Administrator. 11 C. That establishment, maintenance, and operation of the use applied for will not, under the circumstances of this 12 case, be detrimental to the health,, safety, morals, comfort 'or general welfare of the persons residing or 014 3 working in the neighborhood of such proposed use, evidenced by the following findings : 1) The manner of siting the unit will, not invite 15 transients seeking shelter. 16 2) There is adequate space on site t.o accommodate the use. 17 3) The design, color and materials of the unit - are 18 complimentary to the style and character of the Center. 19 D. That the establishment, maintenance, and operation of the 20 use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the 21 subject property, nor to the general welfare of the City r of-Tustin for the reasons stated in Section C above. 22 E. It has been determined that this project is a minor 23 alteration to an existing facility and is, therefore, Categorically Exempt (Class 1) from the California 24 Environmental Quality Act. 25 27 28 Zoning Administrator Action 97-009 -�- October 6, 1997 1 Page 2 2 II . The Zoning Administrator hereby approves the Temporary Use Permit to authorize the use of a mobile mini-storage unit to 3 be located behind the' tenant space located at 13882 Newport Avenue, Suite G, subject to the conditions ' contained in 4 Exhibit A attached hereto. 5 PASSED AND ADOPTED by the Zoning Administrator of the 'City of 6 Tustin at a regular meeting held on the 6th day of October, 1997. 7 8 ELIZABETH A. BINSACK Zoning Administrator 10 11 12 BARBARA REYES Recording Secretary �\ 13 14 STATE OF CALIFORNIA ) COUNTY OF ORANGE } 15 CITY OF TUSTIN ) 16 I, BARBARA REYES, the undersigned, hereby certify that I am the 17 Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 97-009 was 18 duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 6th day of October, 1997 . 19 20 21 22 BARBARA REYES Recording Secretary 23 24 25 26 27 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 97-009 CONDITIONS OF APPROVAL TEMPORARY USE PERMIT 13882 NEWPORT AVENUE, SUITE G GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 6, 1997 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 The temporary use permit will expire six months from the date of this Exhibit, or when Simply Scrumptious Confections ceases conducting business at 13882-G Newport Avenue, whichever comes first . (1) 1.3. Approval of the Temporary Use Permit is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. (1) 1.4 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City' s approval of this project . USE RESTRICTIONS. (8) 2 .1 The unit must be maintained in accordance with City of Tustin Building Maintenance Guidelines . Any graffiti must be removed within twenty-four hours of the incident. (8) 2.2 Lighting , shall be provided to illuminate the area as required by the Tustin Security Code. (8) 2 .3 The mini-storage unit may not be utilized for uses not pertaining to the applicant 's daily operations . SOURCE CODES (1) STANDARD CONDITION (5) SPECIFIC PLAN (2) EIR MITIGATION (6) RESPONSIBLE AGENCY REQUIREMENT (3) UNIFORM BUILDING CODE/S (7) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (8) PC/CC POLICY *** EXCEPTION Exhibit A i Conditions of Approval TUP 13882-G Newport Avenue Page 2 PLAN SUBMITTAL (1). 3 .1 At building plan check submit construction and electrical plans, and a structural analysis. Requirements of the Uniform Building Codes shall be complied with as approved by the Building Official . Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official . FEES (1) 4 .1 Prior to issuance of any building permits, payment shall (5) _be made of all applicable fees, including but not limited- to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees to the Community Development Department based on the most current schedule. (1) 4 .2 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier' s check payable to the COUNTY CLERK in the amount of - $38 . 00 ('thirty eight dollars) 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. r�r