HomeMy WebLinkAboutZAA 21-005 1
ZONING ADMINISTRATOR ATOF ACTION 1,-005
CONDITIONAL USE PERMIT 2021-001
124 SKYLAR PLACE '
The Zoning Administrator of the City of Tustin hereby resolves as follows:
I. The Zoning Administrator finds and determines as follows:
A. That a proper application, Conditional Use Permit CUP 2021-00179
was filed by Susan McDowell of Brookfield field f esidential, requesting to
establish a temporary homes sales center including a 2,160 square feet
sales office trailer,,parking lot and landscaping for Th6 Landing at Tustin
Legacy subdivision for a time period of longer than one 1year.
B. That the project site is located within Planning Area 8, 131 & 14 of the
Tustin Legacy Specific Plan SP 1 zoning district and has a General
Plan Land Use designation of Tustin Legacy specific Plan, which
provides for residential uses including uses accessory to residential
developments.
C. Than, pursuant to Section lob of the Tustin City-Code (TCC) and
Section 3.1 .1 f the Tustin Legacy specific Plan,. a CUP is required
for. temporary uses for a period longer than one 1 year. The Zoning
Administrator has the authority to review CUPs for temporary uses
lasting for a period of more than one 1year per TCC Section 9299
(b)(3)(k).
D. That a public hearing was duly called, noticed, and held for said
application on August 23, 2021, by the Zoning Administrator.
E. That the establishment of a temporary home sales center including sales
office trailer, parking lot and landscaping 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,
nor be injurious or detrimental to the property and improvements in the
neighborhood of the subject property, orto the general welfare of the City
in that:
1. The +proposed use is suitable for the site in that new lousing
subdivisions typically have onsite sales offices as a venue to
provide information on floor plans, home prices and the overall
k
community o potential homebuyers as well as a place to execute
sales contracts and escrow documents.
2. The temporary home sales center including bales office trailer,
parking lot and landscaping would not be detrimental to the
general welfare of persons residing in the imrriediate vicinity, the
neighborhood or the community at large because the use shall be
contained to the project site and adjacent-model homes and is an
i
Zoning Administrator Action 21-005
CUP 2021-0017
1
Page 2 ,
a
accessory use to the overall construction and use of the residential
subdivision.
3. As conditioned, the applicant shall implement appropriate and
adequate safety and security measures to mitigate potential
conflicts between construction, home sales and residential
activities as building phases are completed and homes are
occupied.
. The sales office, parking lot and associated landscaping are
temporary and are located on site for future residential units. The
trailer will be removed upon residential buildout or the expiration.
date (June 30, 2025).
F. This project is Categorically Exempt pursuant to Section 15304(e) (Class
4) of the California Environmental Quality Act CE A .
11. The Zoning Administrator hereby approves CUP-2021-0017 authorizing the
establishment of temporary home sales center including a.2,160 square feet
sales office trailer, paring lot and landscaping for The 'Landing at Tustin
Legacy subdivision until the expiration date (June 30, 2025), subject to the
conditions of approval contained within Exhibit A.
Zoning niaAction 21-005
CUP 2021-0017
Page
ADOPTEDPASSED, AND the Zoning Administratorthe City of Tuls,fin
regularmeeting o h 3 fAugust 2021..
r
.. ......................
U TINA L WILLKOM
ZONING ADMINISTRATOR
RECORDINGVEF�A Hb'M' -_A)d0
STATEF CALIFORNIA
COUNTY OF ORANGE,
STN
certifyI,, VERA HURTADO, the, understgned,, hereby i
Secretary of the Zoningi of Tustin, California, andthatZioni
Admini'strator Action 01was cluly passed and adopted a regular meeting,
o the Tustin Zoningni o list, 2021.
J
Ir �
n
1 (
r
I
.. I... :.
VERA
IRECORDNG SECRETARY
i
EXHIBIT A
ZONING ADMINISTRATOR ACTION 1-005
CONDITIONAL USE PERMIT 2021-001
CONDITIONS of APPROVAL
2124 S YLA PLACE
GENERAL
1.1 The proposed project shall substantially conform with the Tustin City Code TCC
and Tustin guidelines and standards and be consistent with submitted plans for
the project date stamped August 23, 2021, on file with the Community
Development Department, as herein modified, oras modified by the Community
Development Director in accordance with this Exhibit. The Community
Development Director may also approve subsequent minor modifications to
plans during plan check if such modifications are consistent with provisions of
the TCC or other applicable regulations.
1,2 The conditions contained in this Exhibit shall be complied with as specified, subject
to review and approval by the Community Development Department.
1.3 This approval shall become null and void unless the use is established within
twelve 1 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 30days prior to expiration.
1. Approval of conditional Use Permit (CUP) 2021-0017 is contingent upon the
app]i"Cant 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 Fr ith the County Clerk-Recorder a notarized"Notice of
Discretionary Permit Approval and Conditions of Approval" form. The forms shall
be established by the Community Development Director, and evidence of
recordation shall be provided.to the Community Development Department.
I'S Any violation of any of the conditions imposed is subject to the issuance of an
Administrative Citation pursuant to TCC Section 1162(a).
{
1. The applic nt 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 offiders,
agents, and employees,which seeks to attack: set aside, challenge, void, or annul
n 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 the defense of any such action under this condition.
CUP-2021-0017 '
2124 Skylar Place
Page 2a
1.7 The applicant shall be responsible for costs associated with any necessary code
enforcement action, including attorney's fees, subject to the applicable notice,
hearing, and appeal process as established by-the city Council by ordinance.
R
1.8 CUP 2021--0017 may be reviewed annually or more often, if deemed necessary by
the community Development Department, to ensure compatibility with the area
and compliance with the conditions contained herein. if the use is not operated in
accordance with CUP 2021-0017, or is found to be a nuisance or-negative impacts
are affecting the surrounding area, the Community Development Director may
impose additional conditions to eliminate the nuisance or negative impacts, or may
initiate proceedings to:revoke the CIDP.
USE RESTRICTIONS s
.1 CUP 2021-0017 is a request to allow for the establishment of a 2,1 o square-
foottemporary sales office trailer, parking lot and landscaping to accommodate
home sales activities for"The Landing" residential development. The temporary
trailer, parking lot and landscaping shall be removed by ,June 30, 2025.
2.2 Outdoor storage is prohibited, except as authorized by the Community
Development Director,
2.3 The hours of operation shall be 10:00 a.m. to 6 p.m., daily.
R
A Any changes to the hours of operation, number of parking spaces, and/or
services provided require review and approval of the Comm- unity Development
Director and may require an amendment to the CUP conditions of approval.
2,5 The applicant shall submit a permit application and sign plans, including but not
limited to wall signs, directional signage; banners, and flags., for city review and
approval prior to sign installation and shall comply with Tustin Legacy Specific
Plan and City Sign code regulations.
2.6 The applicant shall comply with review, permit and implementation requirements
for grading, erosion control and utility connections, before and after
implementation of the project as required.
.7" All activities shall comply with the City's Noise Ordinance.
2.8 The applicant shall arrange trash cart service for regular trash and recyclables
with the City's waste management contractor, CR& .
k
2,9 No amplified sound devices are permitted outside of the building.
2,10 The applicant shall implement appropriate and adequate k safety and security
measures to mitigate potential conflicts between construction, home sales, and
residential activities as building phases are completed and homes are occupied.
CUP-2021-0017
2124 Skylar Place
Page
PLAN SUBMITTAL
3.1 At the time of building permit application, the plans shall comply with the latest
edition of the codes (California Residential Code, California Building Code,
California Mechanical Code, California Electrical Code, California Plumbing
Code, California Green Code and California Energy Code), City Ordinances,
State, Federal laws, and regulations as adopted by the City Council of the City
of Tustin.
3.2 The applicant shall submit a copy of the state building permit and State-
approved stamped plans for the temporary trailer and foundation. Mechanical,
electrical and plumbing plans shall show the connection to utilities.
3.3 The applicant shall obtain all permits that may be required by the City, including
building permits for the proposed trellis and storage structures associated with
the trailer, subject to review and approval by the Community Development
Department.
3.4 All permanent utilities serving the site shall be installed underground.
3.5 site accessibility and accessible path of travel from the right-of-way to the
temporary trailer shall be provided in accordance with ADA requirements and
shown on the plans.
3.6 The app]i ant/contractor is req uired to submit a Waste Recycling and Re tion
Plan (WRRP) to the Public Works Department. The WRRP gust indicate how
the applicant will comply with the City's requirement (TCC Section 4351, et al
to recycle at least sixty-five percent of the project waste material or the
amount required by the California Green Building standards Code.
a. The applicant will be required to submit a fifty dollar . o application fee
and a cash security deposit. Based on the review of the submitted Waste
Management Plan, the cash security in the amount of fire percent of the
project's valuation as determined by the Building Official, rounded to the
nearest thousand. The deposit amount will be collected in accordance with
the TCC.
b. Prior to issuance of any permit, the applicant shall submit the required
security deposit in the form of cash, cashier's check, personal check, or
money order made payable to the "City of Tustin'.
FEES
.1 Within forty-eight 3 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 fifty dollars ($50.00)'to unable the City to
file the appropriate environmental documentation for the project. if within such forty-
4
i
CIDP-2021-001
2124 Skylar Place
Page
eight 4 hour period the applicant has not delivered) to the Community
Development Department the above-noted check, the statute oflimitati ns for ars
,
interested party t0 challenge the environmental determination-,under the provisions
f the California Environmental Quality Act could be significantly lengthened.
4.2 Prior t0 issuance Of any building permits, payment shall be made of all
applicable fees, including but not limited to the following. Payment shall be
required based upon those rates in effect at the time of application submittal
and/Or permit issuance and are subject t0 change.
a. Building plan check and permit fees.
b. Vater and severer connection fees t0 the appropriate agency.
,
r