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HomeMy WebLinkAboutZA 97-003/CUP 96-041, DR 96-055 1 ZONING ADMINISTRATOR ACTION 97-003 CONDITIONAL USE PERMIT 96-041 AND DESIGN REVIEW 96-055 FEBRUARY 3, 1997 2 3 4 The Zoning Administrator of the City of Tustin does hereby resolve as follows: 5 6 I . 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Zoning Administrator finds and determines as follows: A. That a proper application, Conditional Use Permit 96-041 and Design Review 96-055, was filed by Sonia Dezham Farshidin to authorize the expansion of an office use for the purpose of establishing a dental office at 14122 Red Hill Avenue. B. That the proposed use is Commercial General district, Conditional Use Permit. allowed within the CG, wi th the approval of a C. That a public hearing was duly called, noticed and held on said application on February 3, 1997 by the Zoning Administrator. D. That the establishment, maintenance, and operation of a dental office, as an expanded office use in the CG district, will not 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 subj ect property, or to the general welfare of the City of Tustin, and will be more compatible with the surrounding uses in the area than would permitted retail commercial uses on the subj ect property, as evidenced by the following findings: 1. The subject property is bordered on two sides by an apartment complex. Office uses tend to coexist with residential uses more compatibly than with retail uses due to the reduced traffic generation and operating hours characteristically associated with office uses. 2. The 2,202 square-foot subject building is presently authorized to operate exclusively as an office use; the proposed increase in floor area to 2,645 square feet is relatively minimal. 3. Adequate parking will be provided for the proposed dental office use pursuant to Section 9235f(3) (b) (5) of the Tustin City Code. Zoning Administrator Action 97-003 Page 2 1 2 4. The subject property is physically capable of accommodating the proposed intensification of use in accordance with all other development standards enumerated in Section 9235f of the Tustin City Code. 3 4 5 E. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 96-041 will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 6 7 8 9 10 1 . Height, bulk and area of buildings. 11 2 . Setbacks and site planning. 12 3 . Landscaping, parking area design and traffic circulation. 13 4 . Location, height illumination. standards exterior and of 14 15 5 . Location and method of refuse storage. 16 6 . Physical relationship.of proposed improvements to existing structures in the neighborhood. 17 7 . Appearance and design relationship of proposed improvements to existing structures and possible future structures in the neighborhood and public thoroughfares. 18 19 20 8 . Development Guidelines and criteria as adopted by the City Council. 21 F. That this project has been determined to be not subject to Tustin City Code Section 9271i(2) (a), which requires a solid masonry wall, six feet eight inches (6'8") in height along the zone boundary line where a "C", "M" or "Pr" abuts upon any residential zone, based upon the following findings: 22 23 24 25 1 . The subject property is presently developed as a non-residential use. 26 2 . The proposed modifications are relatively minor, as discussed in Finding 1.0.2. 27 28 Zoning Administrator Action 97-003 Page 3 1 2 3 4 5 6 7 8 9 10 II. 11 12 3. The subject property is already buffered from the adjacent residential use by a solid wall ranging in height between four feet eight inches (4' 8") and six feet eight inches (6' S"), and by an existing carport wall exceeding six feet eight inches (6'S"), at the property lines. G. This proj ect has been determined to be categorically exempt (Class I) pursuant to Section 15301 of the California Environmental Quality Act. H. That 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. The Zoning Administrator hereby approves Conditional Use Permit No. 96-041 and Design Review 96-055 to authorize the expansion of an office use at 14122 Red Hill Avenue. 13 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 3rd day of February, 1997. 14 15 ~~ 16 RICK BROWN, C.B.O. Zoning Administrator Designee 17 18~~ 19 Recording Secretary 20 STATE OF CALIFORNIA 21 COUNTY OF ORANGE CITY OF TUSTIN 22 23 I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administ~ator of the City of 24 Tustin, California; that Zoning Administrator Action No. 97-003 was duly passed and adopted at.a regular meeting of the Tustin Zoning 25 Administrator, held on the 3rd day of February, 1997. 26 27 BARBARA REYE 28 Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 97-003 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 96-041 AND DESIGN REVIEW 96-055 GENERAL (1) 1.1 The proposed proj ect shall substantially confo'rm wi th the submitted plans for the project date stamped February 3, 1997, 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. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the establishment of the new outdoor seating area, subject to review and approval by the Community Development Department. (1) 1.3 Conditional Use Permit and Design Review approval shall become null and void unless all building permits are issued within eighteen (18) months of the date of this Exhibit. (1) 1.4 Any violations of the Tustin City Codes or Conditions of Approval of this Conditional Use Permit shall be grounds for initiation of revocation proceedings of the Conditional Use Permit. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of the City's approval of the entitlement process for this project. (1) 1.6 The applicant and property owner shall sign and return an "Agreement to Conditions Imposed" form prior to establishment of the additional outdoor seats. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) 'DESIGN REVIEW *** EXCEPTION (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY PLAN SUBMITTAL (3) 2.1 At plan check, provide three (3) complete sets of plans and specifications for electrical, mechanical and plumbing, including structural calculations and Title 24 regulations. (3) 2 .2 The plans in general shall comply wi th the building codes, other related codes, City ordinances, state and federal laws and regulations in effect at the time of plan check submittal. (3) 2.3 A parking lot lighting plan shall be required at the time of plan check submittal. Lighting shall comply with the City's Security Ordinance. All light rays shall be confined to the property and shall not impaGt adjacent properties or public rights-of-way. (4 ) 2.4 Lights to be installed decorative design as Development Department. on buildings approved by shall be of a the Community 2 .5 Parking lot light standards and bases shall be of a decorative design as approved by the Community Development Department. (3) 2.6 Walls adjacent to property lines shall be one-hour fire rated construction when within 20 feet of property line. Openings shall be protected for walls within 10 feet of property line. (3) 2 . 7 Toilet facili ties, stairs, doors and paths of travel from parking space and street sidewalk to the building entrance shall comply with the Americans with Disabilities Act and UBC disabled access regulations. (3) 2.8 Roof coverings shall be rated Class "B" or better. (1) 2.9 Trash enclosures shall be provided with 6-foot solid masonry walls and solid metal gates with self- latching/self-closing hardware. Construction plans, specifications and details for the trash enclosure shall be submitted at plan check. (1) 2.10 Provide exact details on window types and treatments. (1) 2.11 Provide exact details for exterior doors. (1) 2.13 Provide exact design details and material specifications for concrete walkways or brick pavers. Exhibit A Zoning Administrator Action 97-003 Page 3 PUBLIC WORKS/ENGINEERING (5) 3 .1 This property will require annexation to the Tustin Landscape and Lighting District. The Public Works Department/Engineering Division will require a letter from the property owner stating that this annexation will not be protested. . (5) 3.2 A search of City records along with the Orange County Sanitation District indicates that the Orange County Sanitation District sewer connection fees have never been paid for this property. Payment of the Orange County Sanitation District No. 7 sewer connection fees in the amount of $2,360.00 will be required at the time a building permit is issued. In addition, the building will need to be connected to the sanitary sewer. FIRE AUTHORITY (5) 4.1 Prior to the approval of any use/site permits for site planning, issuance of any grading permits, or building permits, whichever occurs first, the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or gases. These liquids and materials are to be classified according to the "Orange County Fire Authority Chemical Classification Handout". The submi ttal shall provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons and cubic feet. (5) 4.2 Prior to approval of a site development/use permit, or the issuance of a building permit, whichever occurs first, the applicant shall submit plans for the review and approval of the Fire Chief. The applicant shalll include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744 - 0403 for the Fire Safety Site/Architectural Notes to be placed on the plans. Exhibit "A Zoning Administrator Action 97-003 Page 4 (5) 4.3 Prior to the issuance of permits, water improvement plans shall be submitted to and approved by the Fire Chief to ensure adequate fire protection. The water system design, location of valves, and the distribution for the fire hydrants will be evaluated and approved by the Fire Chief. All existing fire hydrants shall be shown within 300 feet of the site. (5) 4.4 Prior to the issuance of building permits, plans for the fire alarm system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. If an alarm system exists, provide alarm plans for coverage of expansion area. (5) 4.5 The following notes shall be provided on the site plan: a. Fire Authority Final Inspection required. Schedule inspection 2 days in advance. Phone (714) 832-1011 b. Locations and classification of extinguishes to be determined by the fire inspector. (5) 4.6 At plan check, provide information regarding exiting from the structure. Information should include exit doors, exit signs, door hardware, etc. ARCHITECTURE (1) 5.1 All exposed metal flashing or trim shall be either anodized or painted compatible with main buildings. (1) 5.2 All architectural treatments shall be constructed as illustrated on plans and renderings submitted. (1) 5.3 No exterior downspouts shall be permitted on any facade on the proposed building (s) which are visible from adjacent streets or residential and commercial areas. (1) 5.4 No exterior downspouts shall be permitted on any facade on the proposed building (s) which are visible from adjacent streets or residential and commercial areas. (1) 5.5 Roof access devices to be provided from the inside where possible. Exhibit A Zoning Administrator Action 97-003 Page 5 (1) 5.6 Roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. (1) 5.7 New or relocated electric and gas meters shall be placed within enclosures that are architecturally compatible with the building. Final designs of such enclosures are subject to review and approval of the Community Development Department. (1) 5.8 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall blend with the architectural design of the building. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the project maintaining sufficient distance to minimize visual impacts from Red Hill Avenue. (1) 5.9 Mechanical equipment such as, but not limited to heater and filter units, pump units, air conditioning condensers and similar devices shall be screened from street view. (1) 5.10 Exterior elevations of the building shall indicate any fixtures or equipment to be located on the roof of the building, equipment heights and type of screening. All roof mounted equipment, vents, exhausts or other roof penetrations shall be located a minimum of 6 inches below the top of parapets. (1) 5.11 All on-site pavement within the delineated project boundaries as shown on the site plan shall be resurfaced and sealed as necessary. Pedestrian walkways shall be replaced or repaired as necessary such that they are free of significant cracks or other damage. SIGNS (1) 6.1 All exterior signs shall conform to the Tustin Sign Code. All necessary permits shall be obtained for such signs prior to installation. Signs shall be consistent with the size, scale and overall design of the subject building. Exhibit A Zoning Administrator Action 97-003 Page 6 NOISE (1) 7 .1 All construction operations including engine warm up shall be subject to the provisions of the City of Tustin Noise Ordinance, as amended, and may take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday and 9:00 a.m. until 5:00 p.m. on Saturday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. USE RESTRICTIONS (1) 8.1 All existing overhead utilities exclusively serving the site to be removed, and all new utilities provided underground. (1) 8.2 The property owners shall be responsible for the daily maintenance and up-keep of the facility, including but not limited to trash removal, painting, graffiti removal and maintenance of improvements to ensure that the facilities are maintained in a neat and attractive manner. All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structures and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. The applicant is required to coat and protect all wall surfaces with a graffiti resistant finish and/or material. (1) 8.3 No outside storage of any kind shall be permitted on the subject property. (1) 8.4 To prevent loi tering, no exterior public phones are to be allowed on the subject site. (1) 8.5 'Any violations of the Tustin City Codes or Conditions of Approval of this CUP shall be grounds for initiation of revocation proceedings of the Conditional Use Permit. FEES (1) 9.1 ~rior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following: A. Building plan check and permit fees, if applicable, to the Communi ty Development Department based on the most current schedule. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. (1) 9.2 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 $38.00 (thirty-eight dollars) 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.