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HomeMy WebLinkAboutZA Action 06-004 ZONING ADMINISTRATOR ACTION 06-004 CONDITIONAL USE PERMIT 06-003 14001 NEWPORT AVENUE, SUITE C The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. A proper application was filed by Nguyen K. Vu, DDS requesting authorization to establish a dental office within the retail center located at 14001 Newport Avenue, Suite C. B. The General Plan Old Town Commercial land use designation provides for a variety of commercial and office uses which could include retail, professional office, and service-oriented businesses which serve Old Town and surrounding areas. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That a public hearing was duly called, noticed, and held for Conditional Use Permit 06-003 on April 10, 2006, by the Zoning Administrator. D. That the establishment, maintenance, and operation of the proposed use is in compliance with Tustin City Code Section 9233 and 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 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) Due to limited access on Newport Avenue, establishment of a dental office will be beneficial, since it is expected to reduce the peak hour daily trip ends and parking demand during peak hours compared to a retail use. b) The dental office is one of the four (4) interior tenant spaces with nineteen (19) linear feet of storefront on Newport Avenue. The office is designed to provide the reception and waiting area in the front and patient rooms in the back so that the storefront appearance is compatible with other retail uses. . . c) Dental offices are service-oriented businesses that typically provide more pedestrian and vehicular activity than professional office uses since they have regularly scheduled patients. Zoning Administrator Action 06-004 CUP 06-003 Page 2 d) Approval of the site will be consistent with several other retail centers in the City where for convenience of residents dental offices are mixed with other retail uses. Examples of these centers are located in the Retail Commercial (C-1) and Central Commercial (C-2) districts at the southwest and southeast corner of Main Street and Newport Avenue (Tustin Plaza, Dunn Edwards Center) and the retail center at the southeast corner of Irvine Boulevard and Newport Avenue (Tustin Heights Shopping Center). e) The proposed use occupies less than 17 percent of the retail center and the primary retail use of the center will remain unchanged. f) The location is consistent with the recent direction provided by the Planning Commission in that the dental office is not located within the core commercial area of Old Town or fronting EI Camino Real and Main Street. g) A mix of various retail and service uses is beneficial in that it promotes visitor activity and provides for a vigorous retail center. E. 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 Conditional Use Permit 06-003 authorizing establishment of a 1,235 square foot dental office within a retail center located at 14001 Newport Avenue, Suite C, 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 10th day of April, 2006. ~ RECORDING SECRETARY ../~~-'"', SCOTT REEKSTIN ACTING ZONING ADMINISTRATOR Zoning Administrator Action 06-004 CUP 06-003 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Eloise Harris, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 06-004 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held ~April.2006. ELOISE HARRIS RECORDING SECRETARY EXHIBIT A - ZONING ADMINISTRATOR ACTION 06-003 CONDITIONAL USE PERMIT 05-048 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped April 10, 2006, 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 modificatiqns are consistent with provisions of the Tustin City Code. (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 Approval of Conditional Use Permit 06-003 is contingent upon the applicant and property owner signing and retuming 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) 1.4 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) 1.5 Any violations of the Tustin City Codes or Conditions of Approval of this Conditional Use Permit, and the Orange County Health Care Agent may be considered grounds for the initiation of proceedings to revoke the Conditional Use Permit. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Conditions of Approval Exhibit A CUP 06-003 Page 2 USE RESTRICTIONS (*) 2.1 The facility must remain a dental office with a reception and waiting area in the front and patient rooms in the rear. Any modification to the size and configuration of the dental office would require approval of the Community Development Department. (*) 2.2 The retail center shall maintain retail uses within the five (5) other suites. No other medical or professional office uses shall be permitted within the center unless this use is terminated and the conditional use permit is revoked. BUILDING DIVISION (3) 3.1 At the time of building permit application, the 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. (1) 3.2 Building plan check submittal shall include the following: . Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. . Two (2) copies of structural calculations. . No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. PUBLIC WORKS DEPARTMENT (1) 4.1 Project Recycling Requirement - The City of Tustin is required to comply with the recycling requirements contained in California Integrated Waste Management Act of 1989. To facilitate City compliance with this law, the project applicant is required to comply with Section 4327 of the Tustin City Code which details requirements for developing and implementing a Waste Management Plan. FEES (1) 5.1 Prior to issuance of any permits, the applicant shall pay all applicable Building plan check and license permit fees to the Community Development Department. Cond itions of Approval Exhibit A CUP 06-003 Page 3 (1,5) 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 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.