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HomeMy WebLinkAboutZAA 19-001 ZONING ADMINISTRATOR ACTION 19-001 CONDITIONAL USE PERMIT 2019-00004 2475 PARK AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: 1. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2019-00004 was filed by Jennifer Li on behalf of BubblePOP, requesting authorization to establish and operate a commercial recreation facility consisting of indoor interactive bubble play, performance and recreation for children located within an existing 4,502 square-foot tenant space at 2475 Park Avenue, in The District at Tustin Legacy shopping center. B. That the property is zoned Tustin Legacy Specific Plan (SP1) within Planning Area 19 and has a land use designation Tustin Legacy Specific Plan within the General Plan, 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 Tustin Legacy Specific Plan Section 4.1 and Tustin City Code Section 9299b3(f), the Zoning Administrator is authorized to consider minor CUPs 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 2019- 00004 on May 2, 2019, by the Zoning Administrator. E. That the establishment, maintenance, and operation of the proposed interactive bubble play, performance and recreation for children will riot, 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) The SP1 District within Planning Area 19 allows a variety of retail and commercial uses. Uses such as commercial recreation are conditionally permitted subject to the approval of a CUP. 2) Parking for the proposed use can be accommodated in that the peak parking demand will be 4,811 parking spaces and there are currently 4,820 parking spaces provided in The District at Tustin Legacy shopping center to accommodate the parking demand. Zoning Administrator Action 19-001 Condifionai Use Permit 2019-00004 Page 2 3) The proposed hours of operation are compatible with other uses within the center. 4) As conditioned, no noise impacts are anticipated in that all activities shall be conducted entirely within the building and would be required to comply with the City's Noise Ordinance, 5) As conditioned, CUP 2019-00004 may be reviewed by the Community Development Director, if necessary, to ensure compatibility with surrounding uses, If the use is not operated in accordance with CUP 2019-00004 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 CUP. 6) The proposed use would not have any aesthetic impacts to the area since no exterior modifications are proposed, F, That this project is categorically exempt pursuant to Section 15301, (Class 1 — Existing Facilities) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act) in that the project site is an existing facility and involves no expansion of an existing shopping and entertainment center. llr The Zoning Administrator hereby adopts Zoning Administrator Action No. 19-001 approving approving CUPt 2019-00004 to establish and operate a cornmercial recreation facility within an existing 4,502 square-foot tenant space located at 2475 Park Avenue in The District at Tustin Legacy shopping and entertainment center, 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 211d day of May, 2019. ELIZABE�TH�A, Bl SAI ZONING ADMINISTRATOR ISA I CAREN RECORDING SECRETARY Zoning Administrator Action 1 -001 Conditional Use P niit 2019-00004, Page STATS OF CALIFORNIA � COUNTY OF ORANGE CITY OF TU TI I ) I, 'sera Ti car n , 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. 19--001 passed and adopted at a,regular meeting of the Tustin Zoning Administrator, hold on the 2nd day of May, 2019, w VEA ARE RECORDING SECRETARY r Zoning Administrator Action 19-001 Conditional Use Permit 2019-00004 Page 4 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2019-00004 2475 PARK AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 2, 2019, 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 (TCC). (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 (CUP) 2019-0004 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). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLEAGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Zoning Administrator Action 19-001 Conditional Use Permit 2019-00004 Page 5 (1) 1.6 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. (1) 1.7 CUP 2019-00004 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with the conditions of approval 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 CUP. (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 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) Establish alternative hours of operation, b) Reduce client enrollment, c) Provide additional parking, or d) Provide noise attenuation improvements. (1) 1.9 As a condition of approval of CUP 2019-00004, 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. Zoning Administrator Action 19-001 Conditional Use Permit 2019-00004 Page 6 USE RESTRICTIONS (1) 2.1 Maximum number of participants/customers shall not exceed forty-nine (49) persons at any given time, unless approved by the Community Development Department. (1) 2.2 The hours of operation for the business shall be as follows: Monday— Sunday: 9:00 a.m. to,6:00 p.m. Modifications to the hours of operation may be approved by the Director of Community Development if it is determined that no impacts to surrounding tenants or properties will occur. (1) 2.3 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) 2.4 All business activities shall comply with the City's Noise Ordinance. (1) 2.5 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 by either the Zoning Administrator or the Planning Commission. (1) 2.6 No signs or other forms of advertising or attraction may be placed on- site without approval from the Community Development Department. Applicant shall submit sign plans to the Building Division for all exterior signs. (1) 2.6 Applicant shall submit a business license application to the Finance Department and obtain a business license for the business. (1) 2.8 Applicant shall notify the Community Development Department of any changes to the,use of the facility. (1) 2.9 If the use authorized by CUP 2019-00004 is discontinued for one (1) year, then it shall be conclusively presumed that such use has been abandoned and CUP will be deemed expired. Zoning Administrator Action 19-001 Conditional Use Permit 2019-00004 Page 7 PLAN SUBMITTAL (1) 3.1 Applicant shall maintain a maximum of forty-nine (49) participants within the 4,502 square tenant space. Should the applicant exceed forty-nine (49) participants at any given time, applicant shall submit plans for a change of occupancy from type "B" (Business Group) to type "A" (Assembly Group) including site accessibility, path of travel, accessible restrooms, egress plans and mechanical, electrical and plumbing plans and fire sprinklers to the Building Division and Orange County Fire Authority due to the number of participants as described in -the Supplemental Parking Assessment dated March 1, 2019 (75 to 100 attendees). PUBLIC WORKS (1) 4.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). 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 (TCC Section 4351, et al) to recycle at least 65% of the project waste material or the amount required by the California Green Building Standards Code. a. The applicant will be required to submit a fifty dollar ($50.00) application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount will be collected in accordance with the TCC. b. 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". FEES (1) 5.1 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.