HomeMy WebLinkAboutZA 98-008/TUP 98-020
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ZONING ADMINISTRATOR ACTION 98-008
TEMPORARY USE PERMIT
AUGUST 31,1998
The Zoning Administrator finds and determines as follows:
A. That a proper application for Temporary Use Permit 98-020, has been
filed by John Malloy, Inc. on behalf of the property owner for authorization
to store construction equipment, materials and vehicles related to a Tustin
waterworks project on three vacant lots located at 12567, 12569, and
12571 Newport Avenue until October 20, 1998.
B. A public hearing was duly noticed, called and held for said application on
August 31, 1998, by the Zoning Administrator.
C. That the proposed temporary 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 injurious or detrimental to the
property and improvements in the neighborhood of the subject property,
or to the general welfare of the City of Tustin as evidenced by the
following:
1) The proposed use is temporary in nature.
2) There is no permanent development associated with the proposed
use.
3) The hours of operation are limited to 7:30 a.m. to 4:00 p.m. on the
days that City Hall is open and consistent with the City's Noise
Ordinance.
4) The proposed use, as conditioned, provides for continuous
maintenance of the site and vicinity including clean up and
sweeping of the street, sidewalk and the bicycle lane.
D. This project has been determined to be a minor temporary use of land and
is, therefore, Categorically Exempt (Class 4) pursuant to Section 15304 of
the California Environmental Quality Act.
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ZA-Action 98-008
Page 2
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II.
The Zoning Administrator hereby approves a Temporary Use Permit authorizing
storage of construction equipment, materials and vehicles related to a Tustin
waterworks project on until October 20, 1998 on three vacant lots located at
12567, 12569, and 12571 Newport Avenue, subject to all conditions contained in
Exhibit A, attached hereto.
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PASSED AND ADOPTED at a regular meeting of the Tustin Zoning Administrator, held
on the 31st day of August, 1998.
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Zoning Administrator Designee
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15 Recording Secretary
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STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF TUSTIN )
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I, Kathy Martin, 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. 98-008 was duly passed and adopted at a regular meeting of the Tustin
Zoning Administrator, held on the 31st day of August, 1998.
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Recording Secretary
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Zaaction\TUPMalloy
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EXHIBIT A
ZA ACTION 98-008
TEMPORARY USE PERMIT
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted
application 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.
(1) 1.2 Approval of the Temporary use Permit is contingent upon the applicant and
property owner signing and returning an "Agreement to Conditions
Imposed" form as established by the Director of Community Development.
(1) 1.3 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 for this
project.
USE RESTRICTIONS
***
2.1 Construction vehicles, equipment and materials may be placed at 12567,
12569, and 12571 Newport Avenue from the date of this approval through
October 20, 1998. All construction vehicles, equipment and materials shall
be located a minimum of 5 feet from the side and rear property lines.
Employees parking on-site shall park as far as feasible from the rear and
side property lines.
***
2.2 The applicant shall assume full responsibility for any cleanup of the area
and repair of any damage to public facilities to restore those facilities and
the subject site to the conditions that existed prior to the use of the property,
including the previous finish grade.
***
2.3 The applicant shall keep the sidewalk, driveway and bicycle lane free from
debris and materials on a continuous basis. Driveway, sidewalk and
bicycles lane shall be swept at the end of each business day or more
frequently as needed.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODEtS
(4) DESIGN REVIEW
(5)
(6)
(7)
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RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PC/CC POLICY
EXCEPTION
Exhibit A
ZA Action 98-008
August31,1998
Page 2
(1 )
2.4 The noise level of the activities on the subject site shall not exceed the
exterior noise standard of 60 dB(A) at any time as specified for commercial
properties in Section 4614 of the Tustin City Code.
(5)
2.5 All construction operations, including engine warm-up and deliveries of
materials and equipment, including arrival of workers, shall be subject to the
provisions of the Tustin Noise Ordinance and shall take place only between
the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between
9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the
Building Official.
***
2.6 In accordance with Section 9404(a)(1 )(n) which prohibits signs on parked
vehicles, no signs or banners shall be attached to the stored trucks.
2.7 The applicant shall be responsible for removal of any and all graffiti on the
property or equipment stored on the property within 24 hours of notice from
the City of Tustin.
2.8 Construction hours shall be posted on the site including delivery and worker
hours. Final details and copy of the sign shall be subject to review and
approval of the Building Official prior to installation.
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.