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HomeMy WebLinkAboutZAA 05-011 ZONING ADMINISTRATOR ACTION 05-011 CONDITIONAL USE PERMIT 05-014 The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. B. C. That a proper application for Conditional Use Permit 05-014 was filed by Forum Capital LLC., requesting authorization to establish a 1,224 square foot medial office within a retail center located at 137 W. First Street, Suite B-2. The 14,644 square foot retail center was approved on January 12, 2004, by the Planning Commission. The retail center includes 73 parking spaces in accordance with the 1 per 200 parking ratio for retail uses as noted in Section III.E of the First Street Specific Plan (FSSP). Condition 5.2 of Resolution No. 3905 required approval of shared parking for establishing restaurant and medical uses. That the establishment, maintenance, and operation of the proposed medical use 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: . The addition of medical office space will not impact the primary use of the retail center and the retail frontage on First Street in that the dental office will be located at Suite B-2 in Building B facing the parking lot. As conditioned, no additional medical or office uses along First Street frontage would be permitted. . As submitted, the existing parking spaces can accommodate the parking demand for the center with the exception of a few days during the month of December. It is traditionally recognized that minor parking deficiencies occur for short periods of time during Christmas holidays. No substantial conflict will exist in the peak hours of parking demand for the uses within the center. . The peak parking demands for medical office and specialty retail uses are non-coincidental which would allow opportunities for shared parking. . As conditioned, if a parking problem arises in the future, the applicant shall be required to provide immediate interim and permanent Zoning Administrator Action 05-011 Conditional Use Permit 05-014 Page 2 mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. D. This project is categorically exempt pursuant to Section 15301, Article 19, Class 1 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). E. That a public meeting was called, noticed, and held on said application on July 5, 2005, by the Zoning Administrator. II. The Zoning Administrator hereby approves Conditional Use Permit 05-014 authorizing the establishment of a 1 ,224 square foot medical use within the retail center located at 137 W. First Street, Suite B-2, 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 5th day of July, 2005. Þ---~k-- Dana Ogdon ACTING ZONING ADMINISTRATOR EI~~ RECORDING SECRETARY STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action 05-011 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, he~~ Eloise Harris RECORDING SECRETARY GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 05-014 The proposed project shall substantially conform with the submitted plans for the project date stamped July 5, 2005, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. 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. All conditions in this Exhibit shall be complied with prior to issuance of permits, or as specified, subject to review and approval by the Community Development Department. Approval of Conditional Use Permit 05-014 is contingent upon the 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. As a condition of approval of Conditional Use Permit 05-014, 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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEtS (4) DESIGN REVIEW (5) (6) (7) *** RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTIONS Zoning Administrator Action 05-011 Conditional Use Permit 05-014 Exhibit A Page 2 (1 ) 1.6 (1 ) 1.7 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. 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 (***) 2.1 (***) 2.2 (***) 2.3 (***) 2.4 FEES (1) 3.1 Any changes to the approved shared parking study shall be submitted to the Public Works and Community Development Departments for review and approval. The submitted parking study received May 26, 2005, assumed 73 parking spaces were provide on site and determined that number of spaces to be sufficient for the existing 14,644 retail center with 1 ,224 square foot of medical office use. The retail frontage of the shopping shall be maintained as intended with approval of the retail center. Medical uses shall remain as ancillary uses to the retail center with no street frontage. If in the future the City determines that a parking or circulation 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 or traffic study and bear all associated costs. If the study indicates that there is inadequate parking or a circulation problem, the applicant shall be required to provide immediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. No assigned parking is permitted. All parking spaces shall be available to all patrons of the retail center at all times. 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 forty- three dollars ($43.00) 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.