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HomeMy WebLinkAboutZA 94-010/CUP 94-022 1 2 3 4 ZONING ADMINISTRATOR ACTION 94-010 CONDITIONAL USE PERMIT 94-022 OCTOBER 3, 1994 5 The Zoning Administrator of the city of Tustin does hereby resolve as follows: 6 I. 7 8 A. 9 10 11 12 13 14 c. 15 16 D. 17 18 19 20 21 22 23 24 25 26 27 28 The Zoning Administrator finds and determines as follows: That a proper application , Conditional Use Permit 94-022, was filed by Brindles Bookstore to authorize the sale of secondhand books at a tenant space located at 13721 Newport Avenue, suite 1. B. At their September 12, 1994 meeting, the Planning Commission determined by Minute Motion that secondhand sales are subject to a conditional use permit in the Commercial General (CG) District. A public hearing was duly called, noticed and held for said application on October 3, 1994 by the Zoning Administrator. That establishment, maintenance, and operation of the use applied for 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 to the general welfare of the city of Tustin as evidenced by the following findings: 1. No new parking spaces are required to accommodate the sale of secondhand books in an existing tenant space. The parking requirement for the proposed secondhand bookstore would be the same number of parking spaces as the other general retail uses within the shopping center. 2 . The hours of operation would be compatible wi th other uses within the Tustin Plaza Shopping Center including a coffee shop, a pad restaurant and a pizza restaurant. Zoning Administrator Action 94-010 CUP 94-022 1 Page 2 2 3 4 5 6 7 8 9 10 11 12 13 II. 14 15 3. Secondhand books are not considered "tangible personal property" as defined by State law, and the sale of secondhand books would have no adverse impact on the health, welfare or safety of the persons residing or working in the neighborhood of proposed use. 4. The secondhand bookstore would be a retail establishment similar to existing establishments in the Tustin Plaza Shopping Center such as the stationery store and the record store, which may also sell printed materials. The proposed sale of used books would not affect the orderly development of the surrounding area, or the City at large. E. That the proposed project is categorically exempt (Class 3) pursuant to the California Environmental Quality Act 15303. The Zoning Administrator hereby approves Conditional Use Permit 94-022 authorizing the sale of secondhand books at a tenant space located at 13721 Newport Avenue, suite 1 , subject to the conditions contained in Exhibit A, attached hereto. 16 PASSED AND ADOPTED at a regular meeting of the Tustin 17 Zoning Administrator, held on t rd d9-Y''--o"f--- ctober, 1994 . ( 18 \ 21 BARBARA REY~ Recording Secretary 19 20 22 23 24 25 26 27 28 Zoning Administrator Action 94-010 CUP 94-022 1 Page 3 2 STATE OF CALIFORNIA 3 COUNTY OF ORANGE. CITY OF TUSTIN 4 5 I, BARBARA REYES, 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. 94-010 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 3rd day of October, 1994. BARBARA REYE~ Recording Secretary 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 94-010 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 94-022 OCTOBER 3, 1994 GENERAL (1) 1.1 The proposed project shall substantially conform with the project as approved by the Zoning Administrator on October 3, 1994, on file with the Community Development Department as herein modif ied or as modif ied by the Director of Community Development in accordance with this Exhibit. The Community Development Department Director may make minor modifications to the project if such modifications are consistent with applicable Code provisions. (1) 1.2 Conditional Use Permit approval shall become null and void unless all building permits are issued within twelve (12) months of the date of this Exhibit. (1) 1.3 The applicant shall sign and return an Agreement to Conditions Imposed form prior to issuance of building permits. (1) 1.4 The applicant and property owner shall hold harmless and defend the city of Tustin for all claims and liabilities arising out of the City's approval of the entitlement process for this project. SITE AND BUILDING CONDITIONS (1) 2.1 The hours of operation shall be limited to the hours between 9:00 a.m. and 11:00 p.m. unless otherwise authorized by the Community Development Department. (1) 2.2 No outdoor seating is permitted at the subject tenant space. (1) 2.3 Should the applicant desire to provide live entertainment at the subject location a .seperate conditional use permit would be required pursuant to City Code Section 3200. SOURCE CODES (1) STANDARD CONDITION (3) UNIFORM BUILDING CODE/S (5) RESPONSIBLE AGENCY (7) PC/CC POLICY *** EXCEPTION (2) CEQA MITIGATION (4) DESIGN REVIEW (6) LANDSCAPING GUIDELINES Exhibit A Zoning Administrator Action 94-010 Conditions of Approval CUP 94-022 Page 2 FEES (1) 3.1 Within 48 hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashiers check payable to the COUNTY CLERK, in the amount of $25.00 to enable the City to file with the County Clerk, the appropriate environmental documentation pursuant to the California Environmental Quality Act. If within such 48 hours period, the applicant has not delivered to the Community Development Department the above noted check, the approval for the project granted herein shall be considered automatically null and void.