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Home My WebLink AboutZA 98-009/AMEND RESO 3379 ZONING ADMINISTRA TOR ACTION 98-009 AMENDMENT TO CONDITION 3.1 (H) OF RESOLUTION NO. 3379 DECEMBER 7,1998 The Zoning Administrator finds and determines as follows: A. That a proper application for amendment to Condition of Approval 3.1 (H) of Resolution No. 3379 has been filed by Joseph Petitpas of Robert Borders & Associates requesting authorization to assign parking for three buildings that share a common area for access, parking and landscaping located at 14262, 14272, and 14282 Franklin Avenue. B. That Section 9299(b)(4)(d) of the Tustin City Code grants the Zoning Administrator the authority to consider specified development applications such as amendments to conditions imposed by Planning Commission that are minor in nature and will not alter the original intent of the project or site. B. A public hearing was duly noticed, called and held for said application on December 7, 1998, by the Zoning Administrator. C. This project has been determined to be a minor alteration to an existing facility and is, therefore, Categorically Exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. 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 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, as conditioned, will not be detrimental to the health, safety, morals, comfort and general welfare of persons residing or working in the neighborhood in that the amendment would not affect the number of on-site parking spaces or alter the reciprocal access and shared maintenance responsibility of the parking and landscaped area. 2) The proposed project, as conditioned, will not be detrimental to nor have a negative effect on surrounding property owners in that no physical changes are proposed and maintenance responsibilities would remain in effect. ZA-Action 98-009 Page 2 2 3 II. The Zoning Administrator hereby approves an amendment to Condition 3.1 (H) of Resolution No. 3379 to allow assigned parking for three buildings that share a common area for access, parking and landscaping located at 14262, 14272, and 14282 Franklin Avenue. 4 5 6 7 PASSED AND ADOPTED at a regular meeting of the Tustin Zoning Administrator, held 8 on the ?lh day of December, 1998. 9 10 ~~~B~ Izabeth A. Binsack Zoning Administrator 11 12 13 KAT MARTIN Recording Secretary 14 15 16 17 18 STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) 19 20 21 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 22 Action No. 98-009 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 7th day of December, 1998. 23 24 25 (~~ 7/lM*~ KATHY. ARTIN Recording Secretary 26 27 28 ZaaclionlCUP98027 29 EXHIBIT A ZA ACTION 98-009 AMENDMENT TO CONDITION 3.1 (H) OF RESOLUTION NO. 3379 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 7, 1998 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 ifsuch modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 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. (1) 1.3 The subject project approval shall become null and void unless proof of recordation of the CC&Rs are submitted pursuant to Conditions 3.1, 3.2 and 3.3 within six (6) 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. (1) 1.4 Approval of Conditional Use Permit is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. (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. ------------------------------------------------------------------------------- SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEtS (4) DESIGN REVIEW (5) (6) (7) *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A ZA Action 98-009 December?,1998 Page 2 PLAN SUBMITTAL (1) 2.1 Three (3) sets of plans for parking space designation (i.e, application of painted building numbers to curb or pavement of each space) shall be submitted to Community Development Department for review and a building permit shall be obtained. (1) 2.2 In compliance with the Department of Justice (Office of the Attorney General), all plans must comply with the Americans with Disabilities Act (ADA) (Federal Register) parking standards. CC&Rs (1) 3.1 The revised covenants, conditions, and restrictions shall be submitted to and approved by the Community Development Department and City Attorney. The final document shall be recorded and proof of recordation submitted to the Community Development Department after the recordation. ... 3.2 Condition 3.1 (H) of the Resolution 3379, and ARTICLE XII (e) of the CC&Rs shall be revised as follows: "Parking spaces may be permanently assigned to the three individual buildings located at 14262, 14272, and 14282 Franklin Avenue. A minimum of 222 parking spaces shall be maintained on the properties, and shall be distributed among the separate parcels so that buildings are provided with a minimum of seventy-four (74) parking spaces including a minimum of two (2) handicap spaces, and fifty six (56) standard spaces accessible to each building. Except for application of painted building numbers (e.g. 1,2, or 3) to the pavement or curb face of each parking space, no physical improvements for the purpose of parking designation or segregating parking spaces or areas shall be installed." ... 3.3 All other provisions of the CC&Rs but not limited to maintenance of common area landscaping, parking lot, roadways, pavement, sidewalks and paseos will remain in effect. Exhibit A ZA Action 98-009 December?,1998 Page 3 FEES (1) 4.1 Prior to 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 payment and are subject to change. A. Building plan checks and permit fees to the Community Development Department based on the most current schedule. (1) 4.2 The applicant shall submit $190 to the City of Tustin for review of CC&Rs. The fee includes one (1) initial check and one (1) recheck of the document. Additional reviews are subject to a rate of $150 per hour for the City Attorney and $50 per hour for Planning Staff. (5) 4.3 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.