HomeMy WebLinkAboutZA 98-003/CUP 98-005
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ZONING ADMINISTRATOR ACTION 98-003
CONDITIONAL USE PERMIT 98-005
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The Zoning Administrator of the City of Tustin does hereby resolve
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The Zoning Administrator finds and determines as follows:
A. That a proper application for Conditional Use Permit 98-
005, was filed by Edward Koo, requesting authorization to
construct an arcade within an existing video store
located at 17612 17th Street, Suite #101, Tustin.
B. That the proposed use is allowed within the Planned
Community Commercial (PC-C) Zoning District, with the
approval of a Conditional Use Permit.
C.
That a public hearing was duly
on said application on April
Administrator.
called, noticed and held
6, 1998 by the Zoning
D. That as conditioned, 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 subj ect property,
nor to the general welfare of the City of Tustin as
evidenced by the following findings:
1) The proposed use, as conditioned, will not be
detrimental to the surrounding properties in that
the arcade can be accommodated on the subject
property with no exterior modifications required.
2) As conditioned, the use will not have a negative
impact on the surrounding property owners, or
impact the availability of off-street parking in
that the parking demand generated by the proposed
use is the same as the existing use and is
satisfied by the parking provided on site.
3) As conditioned, the use is compatible with the
surrounding neighborhood in that the operation of
the arcade use will appear and function similarly
to the existing permitted retail uses.
4) Conditions related to security, loitering, hours of
operation and property maintenance have been
included to ensure the well-being of the
surrounding property owners, business owners and
customers.
Zoning Administrator Action 98-003
CUP 98-005
1 April 20, 1998
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E. That the establishment, maintenance, and operation of the
use applied for will not be injurious or detrimental to
the property and improvements in the neighborhood of the
subject property, nor to the general welfare of the City
of Tustin, as indicated above.
F. As conditioned, the applicant will post a "No Loitering"
sign to ensure the well-being of the customers of the
video store and surrounding uses of the plaza.
G. That this project is Categorically Exempt from the
requirements of the California Environmental Quality Act,
pursuant to Section 15301 (Class 1).
The Zoning Administrator hereby approves Conditional Use
Permit No. 98-005 authorizing the construction of an arcade
within an existing video store located at 17612 17th Street,
Suite 101, subject to the conditions contained within Exhibit
A, attached hereto.
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PASSED AND ADOPTED by the Zoning Administrator of the City of
Tustin at a regular meeting held on the 20th day of April, 1998.
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LIZABETH A. B SA
Zoning Administrator
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21 Recording Secretary
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Zoning Administrator Action 98-003
CUP 98-005
1 April 20, 1998
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STATE OF CALIFORNIA
3 COUNTY OF ORANGE
CITY OF TUSTIN
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I, KATHY MARTIN, the undersigned, hereby certify that I am the
5 Recording Secretary of the Zoning Administrator of the City of
Tustin, California; that Zoning Administrator Action No. 98-003
6 passed and adopted at a regular meeting of the Tustin Zoning
Administrator, held on the 20th day of April, 1998.
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9 K1\: HY TIN
Recor ~ng Secretary
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EXHIBIT A
ZONING ADMINISTRATOR ACTION 98-003
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 98-005
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans date stamped April 20, 1998, on file with the
Community Development Department, as herein modified, or as
modified by the Director of Community Development Department
in accordance with this Exhibit.
(1) 1.2 Conditional Use Permit approval shall become null and void
unless permits are obtained to construct the proposed arcade
within twelve (12) months of the date of this exhibit. Time
extensions may be granted by the Community Development
Department 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 98-005 is contingent upon
the applicant signing and returning an "Agreement to
Conditions Imposed" form as established by the Director of
Community Development.
(4) 1.4 Applicant shall obtain all necessary permits from the Building
Division prior to construction of any improvements that
require a permit pursuant to the Uniform Building Code and
Tustin Municipal Code.
(1) 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.
*** 1.6 This Conditional Use Permit 98-005 application may be reviewed
on a bi-annual basis or more often if necessary, by the Zoning
Administrator. The Zoning Administrator shall review the
arcade use to ascertain compliance with conditions of
approval. If the use is found to be a nuisance or negative
impacts are effecting the surrounding neighborhood, the Zoning
Administrator shall impose additional conditions to eliminate
the nuisance or negative impacts, or may initiate proceedings
to revoke the Conditional Use Permit.
SOURCE CODES
(1)
(2)
(3)
(4)
STANDARD CONDITION
CEQA MITIGATION
UNIFORM BUILDING CODE/S
DESIGN REVIEW
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
*** EXCEPTION
Zoning Administrator Action 98-003
CUP 98-005
April 20, 1998
Page 2
USE RESTRICTIONS
(5) 2.1 The bottom three feet of the partition wall, separating the
arcade room from the video store, can be constructed of opaque
material. The remaining area and majority of the partition
wall must be constructed of glass, to allow visibility into
the arcade room, subject to approval of the Community
Development and Police Departments, during plan check.
(5) 2.2 A solid partition should be constructed to completely block
the adult video area from view, subject to approval of the
Community Development and Police Departments during plan
check.
(5) 2.3 The hours of the arcade shall be limited to 10:00 a.m. to 8:00
p.m. An access door shall be provided into the arcade room,
that can be locked at hours stated above, which is earlier
than the closing of the video store. The access door shall
be subject to approval of the Community Development and Police
Departments during plan check.
*** 2.4 Supervison of the arcade room shall be conducted by an
owner/employee of the video store that is at least 18 years of
age, during the hours that the arcade is open.
***
2.5
A bicycle rack shall be
front door of the video
Community Development
check.
provided and located on site near the
store, subject to the approval of the
and Police Departments during plan
*** 2.6 The installation of any pay phones located outside the video
store is prohibited. The installation of any pay phones
located within the store shall be programmed to prohibit
incoming calls.
*** 2.7 "No loitering" signs shall be posted at the entrance of the
video store and arcade room or other locations(s) as requested
by the Community Development Department.
(1) 2.8 The subject property shall be maintained in a safe, clean and
sanitary condition at all times.
(1) 2.9 All graffiti shall be removed within 72 hours of a complaint
being transmitted by the City to the property owner. Failure
to maintain said structure and adjacent facilities will be
grounds for City enforcement of its Property Maintenance
Ordinance, including nuisance abatement procedures.
*** 2.10 If necessary, the applicant shall retain the services of a
security guard to provide interior and exterior patrol.
Zoning Administrator Action 98-003
CUP 98-005
April 20, 1998
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FEES
(5) 3.1 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.
(1) 3.2 Prior to the issuance of any building permits, payment shall
be made of all applicable building and Orange County Fire
Authority plan check and permit fees to the Community
Development Department, based on the most current fee
schedule.
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