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HomeMy WebLinkAboutZA 97-017/CUP 97-025 2 ZONING ADMINISTRATOR ACTION 97-017 CONDITIONAL USE PERMIT 97-025 DECEMBER 15, 1997 3 4 The Zoning Administrator of the City of Tustin does hereby resolve as follows: 5 I. The Zoning' Administrator finds and determines as follows: 6 a. That a proper application for Conditional Use Permit 97-025 was filed by Anil Patel to establish an on-premise dry cleaning establishment in an existing tenant space located at 13771 NeWport Avenue, Suite No.5, Tustin. 7 8 9 b. That the proposed use is allowed within' the Tustin Plaza Planned Community, subject to approval of a Conditional Use Permit. 10 II That a public hearing was duly called, noticed and held on said application on December 15, 1997 by the Zoning Administrator. c. 12 13 d. That the 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 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: 14 15 16 17 18 1. The proposed project, as conditioned, will be required to comply with the requirements of the South Coast Air Quality Management District,'Orange County Fire Authority, Orange County Hazardous Materials Disclosure Office, County of Orange Health Department, and the Regional Water Quality Control Board. 19 20 21 22 2. The establishment of an on-premise dry cleaning facility is compatible with the existing and potential uses allowed by the Tustin Plaza Planned Community zoning regulations. 23 24 25 e. That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15303 (Class 3), in that it is an existing commercial structure which does not involve the use of significant amounts of hazardous substances. 26 27 28 f. That the project has been reviewed for consistency with the Air Quality Sub-element of the City of the Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. 29 2 Zoning Administrator Action 97-01 7 Page 2 3 4 5 II. The Zoning Administrator hereby approves Conditional Use Permit No. 97-025 authorizing the establishment of an on-premise dry cleaning facility in an existing tenant space'locate~ at 13771 Newport Avenue, Suite No.5, subject to the conditions contained within Exhibit A, attached hereto. 6 7 8 9 P A.SSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular 10 meeting held on the 15th day of December, 1997. 11 12 Rf. Bk~~ RICK BROWN, C.B.O. Zoning Administrator Designee 13 14 15 16 17 /l .Q 18 / =~~;::r/ 19 Recording Secretary 20 21 22 STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) 23 24 I, BARBARA REYES, the undersigned, hereby certify that I am the. Recording Se~retary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 97-017 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 15th day of December, 1997. 25 26 27 29 /)'. /r-; ,<~ V t: (j tJ/vtJ04- Ie J~/ BARBARA REYES' Recording Secr'etary 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 97-017 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 97-025 COMMUNITY DEVELOPMENT DEPARTMENT GENERAL (l) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 15, 1997 on file with the Community Development Department, as herein modified, or as modified by. the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (l) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (l) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered if a written' request is received by the Community Development Department within thirty (30) days prior to expiration. (l ) 1.4 Approval of CUP 97-025 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. (l) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. PLAN SUBMITTAL (c) 2.1 Indicate on the title sheet the applicable codes, City ordinances and the state and federal laws and regulations to include: 1994 Uniform Building Code with California Amendments 1994 Uniform Mechanical Code with California Amendments 1994 Uniform Plumbing Code with California Amendments 1993 National Electrical Code with California Amendments Zoning Administrator Action 97-0,1 7 Page 2 (c) (c) (c) (c) (c) 2.4 2.5 2.6 T-24 California Disabled Access Regulations T-24 California Energy Efficiency Standards City of Tustin Grading ordinance City of Tustin Landscape and Irrigation Guidelines City of Tustin Private Improvement Standards City of Tustin Security Ordinance 2.2 Provide project data that includes floor areas, occupancy group classification, type of construction and whether fire sprinklered or not. 2.3 When submitting for a building permit, submit four sets of plans, two sets of. structural and energy calculations, and equipment specifications. Electrical, mechanical, and plumbing plans shall be included. Complete the hazardous material questionnaire and the air quality questionnaire and submit to the Building Division an.d the proper agencies. Clearances from the Orange County Hazardous Material Disclosure Office, Orange County Health Department, Orange County Fire Authority, Regional Water Quality Control Board, and the South Coast Air Quality Management District shall be submitted to the Building Division prior to approval. A minimum five (5) foot clearance is required on the pull side of the toilet door. This dimension is required to be shown on the site plan. Any rooftop equipment shall be installed six (6) inches below the top of the parapet of the existing building. Should the equipment exceed this height, architecturally compatible screening subject to approval by the Director of Community Development will be required to maintain the building's roof line. An elevation showing rooftop equipment installation related to the height of the parapet shall be provided prior to issuance of building permits. USE RESTRICTIONS (c) 3.1 The operation of the dry cleaning processing equipment shall conform to the Tustin Noise Ordinance. If the City observes or receives a complaint regarding the noise associated with the operation, the applicant shall submit a noise analysis prepared by a qualified noise consultant at applicant's expense. If the noise analysis finds that the operations exceed the City's noise standard, the applicant shall implement additional noise mitigation measures to reduce the noise level below the maximum level permitted by the Noise Ordinance. Exhibit A Zoning Administrator Action 97-01 7 Page 3 ORANGE COUNTY FIRE AUTHORITY ( c) 4.1 Prior to issuance of building permits, 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 submittal 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. . ( c ) 4.2 Prior to the issuance of any building permits, plans for the automatic fire sprinkler 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. ( c) 4.3 Prior to the issuance of any building permits, the applicant shall contact the Orange County Fire Authority Hazardous Materials Disclosure Office at (714) 744-0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet". This shall be completed and submitted to the Fire Chief before the issuance of any building permits. ( c) 4.4 Prior to issuance of building permits, the applicant shall submit plans with fire safety notes for review and approval of the Fire Chief. The applicant shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744-0403 for specific notes to be placed on the plans. FEES (c) 5.1 Prior to issuance of any permits, the applicant shall pay the following fees. Payment 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 to the Community Development Department. b. Orange County Fire Authority plan check and inspection fees to the Community Development Department. Exhibit A Zoning Administrator Action No. 97-017 Page 4 c. Within forty-eight (48) hours of project approval, 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.