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HomeMy WebLinkAboutZAA 05-023 CUP 05-034 ZONING ADMINISTRATOR ACTION 05-023 CONDITIONAL USE PERMIT 05-034 14450 CHAMBERS ROAD 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 05-034 was filed by Paula Long on behalf of Three's Company requesting authorization to establish a furniture warehouse sales within an existing warehouse building at 14450 Chambers Road, Tustin. B. That the proposed use is allowed within the Irvine Industrial Complex, with the approval of a Conditional Use Permit, and within the Planned Community Commercial/Business General Plan land use designation which provides for a variety of industrial and commercial 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 a public hearing was duly called, noticed, and held on said application on November 21 , 2005, by the Zoning Administrator. D. That the establishment, maintenance, and operation of a furniture sales warehouse will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, in that: a. As conditioned, the use would be limited to furniture warehousing and sales and the type of merchandise that may be stored and sold would be limited to furniture and furniture accessories. b. The operational characteristics of the furniture sales warehouse would be appropriate for the location. As conditioned, the use would occur entirely within the existing building area and would not be permitted to have outdoor storage, display, or activities (except loading and unloading) without prior approval from the Community Development Director. All loading and unloading would occur at the loading door in an area that does not impact drive aisles or parking spaces. Zoning Administrator Action No.05-023 Conditional Use Permit 05-034 Page 2 E. c. As conditioned, the days and hours of operation would be consistent with the operational characteristics of the other businesses located within the immediate vicinity and limitation on the hours of operation is necessary to prevent conflict with the previously approved Conditional Use Permit for a church located at 14451 Franklin Avenue that allowed church patrons to use the project site's parking area during certain hours. d. As conditioned, the proposed use would not result in parking impacts since the site would provide the required number of parking spaces based upon the established parking ratio included in the district's regulations. As conditioned, adequate sidewalks will be constructed adjacent to the project site to' meet current Federal Americans with Disabilities Act (ADA) requirements as agreed upon on September 29, 1993, through an Agreement to Construct Sidewalks. e. 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 approves Conditional Use Permit No. 05-034 authorizing the establishment of a furniture warehouse sales within an existing warehouse building located at 14450 Chambers Road, 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 21 st day of November, 2005. ~~ t!J)~ Dana Ogdon \ ACTING ZONING ADMINISTRATOR C" " / ~r I¡~ Eloise Harris ~ RECORDING SECRETARY Zoning Administrator Action No.05-023 Conditional Use Permit 05-034 Page 3 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 No. 05-023 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 21 st day of November, 2005. E~ olse arns RECORDING SECRETARY GENERAL (1 ) (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 EXHIBIT A ZONING ADMINISTRATOR ACTION 05-023 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 05-034 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped November 21, 2005, 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 to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. Approval of Conditional Use Permit 05-034 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. As a condition of approval of Conditional Use Permit 05-034, 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 *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Zoning Administrator Action No.05-023 Conditional Use Permit 05-034 Page 2 (1 ) (1 ) 1.5 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. 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys' fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. PLAN SUBMITTAL (3) 2.1 (3) 2.2 (1 ) 2.3 (1 ) 2.4 If applicable, at the time of building permit application, the submitted plans shall comply with the most recently adopted codes and regulations, including, but not limited to, the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, and all other applicable City Ordinances, and State and Federal laws and regulations. Building plan check submittal shall include the following: . Seven (7) sets of construction plans, including mechanical, plumbing, and electrical. . Two (2) copies of Title 24 energy calculations. drawings for Prior to the commencement of the proposed use, the applicant shall design and re-stripe the parking lot pursuant to the City's parking lot standards to accommodate the required number of parking spaces. Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. The applicant shall design and construct the sidewalk and replace damaged public improvements along the project's street frontage. Current Federal American with Disabilities Act (ADA) requirements shall be met at the drive apron, curb ramp, and pedestrian walkways. A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, shall be required for all construction within the public right-of-way. Construction and/or replacement of any missing or Zoning Administrator Action No.05-023 Conditional Use Permit 05-034 Page 3 (1 ) (1 ) damaged public improvements shall be required adjacent to this development. Said plan shall include, but not limited to, the following: a) b) c) d) e) Curb and gutter Sidewalk, including curb ramps for physically disabled. Drive apron Street lighting Catch basin In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation may be required. 2.5 Any damage done to existing street improvements and utilities shall be repaired prior to commencement of the proposed use. 2.6 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from, and applicable fees paid to, the Public Works Department. USE RESTRICTIONS (3) (1 ) 3.2 (3) 3.3 (3) 3.4 (3) 3.5 (1) 3.6 3.1 The use shall be limited to the warehousing and sale of furniture and furniture accessories. The hours of operation shall be limited to 10:00 a.m. to 6:00 p.m. Tuesday through Friday, 10:00 a.m. to 4:00 p.m. Saturdays and closed on Sundays and Mondays consistent with Condition 2.1.8 of Resolution No. 2759(A) related to the establishment of a church at 14451 Franklin Avenue allowing church patrons to use the parking area at 14450 Chambers Road after 6:30 p.m. Tuesdays and Wednesdays and all day Sundays. Loading and unloading shall occur in the space provided in front of the loading door and shall not encroach into drive aisles or parking spaces. A clearly dimensioned sixty (60) inch pathway/aisle to all exits shall be maintained at all times. All non-exiting aisles shall be a minimum of forty-eight (48) inches wide, at all times, to comply with California Title 24 Accessibility Regulations. No outdoor storage, display, or any other activities (except loading and unloading) shall be permitted, except as approved by the Tustin Community Development Director. Zoning Administrator Action No.05-023 Conditional Use Permit 05-034 Page 4 FEES (1) 4.1 (1 ) 4.2 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 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 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. Prior to issuance of any permits, the applicant shall pay the following fees. Payments will be required based upon the rate in effect at the time of permit issuance and are subject to change. A. All applicable Building plan check and permit fees shall be paid to the Community Development Department. B. All applicable Engineering plan check and permit fees shall be paid to the Public Works/Engineering Department.