HomeMy WebLinkAboutZA 98-006/VAR 98-002
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ZONING ADMINISTRATOR ACTION 98-006
VARIANCE 98-002
The Zoning Administrator of the City of Tustin does hereby resolve as follows:
1. The Zoning Administrator finds and determines as follows:
A.
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That a proper application for Variance 98-006 was filed by Tom Fitterer
requesting to reduce the required parking from nineteen (19) parking
spaces to sixteen (16) spaces to accommodate 2, 250 square feet of retail
space in an office building located at 18410 Irvine Boulevard.
B.
That a public hearing was duly called, noticed and held on said application
on July 20,1998 by the Zoning Administrator.
C.
That because of special circumstances applicable to the subject property,
including size, shape, topography, location or surroundings, the strict
application of the Zoning Ordinance is found to deprive subject property of
privileges enjoyed by other properties in the vicinity and under identical
zone classifications in that:
There are special circumstances, with respect to the size and shape of the
project site that limit increasing the parking area of the site. The subject site
is located at a comer of an angular intersection, resulting in an irregular lot
configuration. In addition, the building is situated in a way that limits access
to the southern comer of the site where open space is available. There are
sufficient open parking spaces to accommodate the proposed uses on the site.
D.
That any Variance granted shall be subject to such conditions as will assure
that the adjustment thereby authorized shall not constitute a grant of special
privilege inconsistent with the limitations upon other properties in the
vicinity and district in which the subject property is situated.
The granting of this Variance would not constitute a special privilege. The
site is zoned C-1 which allows retail use including the salon services that the
applicant is proposing.
The parking provided will be sufficient to serve the uses intended and
potential future uses of the site. Conditions of approval have been
incorporated herein to mitigate and. reduce the demand if the demand
exceeds the capacity.
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Zoning Administrator Action 98-006
V mance 98-002
Page 2
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E.
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F.
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That this project is Categorically Exempt from the requirements of the
California Environmental Quality Act, pursuant to Section 15301 (Class
I).
That the project has been reviewed for consistency with the Air Quality
Sub-element of the City of Tustin General Plan and has been determined
to be consistent with the Air Quality Sub-element.
The Zoning Administrator hereby approves V mance 98-002 allowing a reduction
in the required parking from 19 spaces to 16 spaces to accommodate 2,250 square
feet of retail space located at 18410 Irvine Boulevard, subject to the conditions
contained within Exhibit A, attached hereto.
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G.
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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 July, 1998.
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(~~6-Z<1)
Kathy in
Recording Secretary
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~e~73u~
lizabeth A. Binsa'ck
Zoning Administrator
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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. 98-006 passed and adopted at a regular meeting of the Tustin Zoning
Administrator, held on the 20th day of July, 1998.
~?1~ad;1 I
KAT ARTIN
Recording Secretary
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(I)
(I)
(I)
EXHIBIT A
ZONING ADMINISTRATOR ACTION 98-006
CONDITIONS OF APPROVAL
VARIANCE 98-002
1.1
The proposed project shall substantially conform with the submitted plans for the
project date stamped July 20, 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 if such modifications are consistent
with provisions of the Tustin City Code or other applicable regulations.
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.
1.3
The subject approval shall become null and void and legal enforcement action shall
be immediately initiated unless the following performance schedule to implement the
proposed project is adhered to:
A. All required construction level drawings required to implement the project,
including but not limited to, site and tenant improvements, shall be submitted
to the Community Development Department within 30 days of the date of
this Action.
B. Any and all necessary corrections needed to the submitted construction level
plans shall be resubmitted to the Community Development Department
within 15 days of being notified by the City that corrections are ready to be
picked up.
C. All construction permits shall be obtained from the City within 15 days of
being notified by the City that the plans are ready for permit issuance.
D. All construction shall be completed within three (3) months of permit
issuance.
SOURCE CODES
(1)
(2)
(3)
(4)
STANDARD CONDITION (5)
CEQA MITIGATION (6)
UNIFORM BUILDING CODE/S (7)
DESIGN REVIEW ***
RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PC/CC POLICY
EXCEPTION
Exhibit A
Zoning Administrator Action 98-006
Page 2 of3
1)
(1)
1.4
Approval of V AR 98-002 is contingent upon the applicant and property owner
signing and returning an "Agreement to Conditions Imposed" form as established by
the Community Development Department. Said form shall be submitted no later
than July 27, 1998 at 5:00 p.m.
1.5
The applicant and property owner shall hold harmless and defend the City of Tustin
from al1 claims and liabilities arising out of a chal1enge of the City's approval of this
proj ect.
USE RESTRICTIONS
*** 2.1
*** 2.2
*** 2.3
BUILDING
(I)
3.1
Approval of Variance 98-002 is limited to the establishment of a maximum 2,250
square feet for a salon use only. Any change of use to different retail or commercial
service use shall require approval of a new variance.
Tenant spaces except the areas used for the salon are limited to office use only.
If, at any time in the future, the City is made aware and concurs that a parking
problem exists at the subject site as a result of insufficient on-site parking
availability, then the Community Development and Public Works Departments may
require the property owner to submit a parking demand analysis prepared by a
California licensed traffic engineer and/or a civil engineer experienced in preparation
ofthese documents, at no expense to the City, within the time schedule stipulated by
the City. If said study indicates that there is inadequate parking or additional
mitigation measures to be reviewed and approved by the Community Development
and Public Works Departments. Said mitigation may include, but not to be limited
to, the following:
a. Reduce the demand for parking.
b. Provide additional parking as needed, up to minimum number required
for the uses consistent with the Zoning Code standards, by purchase
and/or lease of property within 500 feet of the property or provision
of the needed parking on site. The securing of off-site parking would
require approval by the Community Development Director.
Failure to adequately respond to such a request and to implement mitigation measures
within the time limit schedules established, shall be grounds for initiation of
revocation procedures for Variance 98-002.
When submitting for a building permit, subrnit three sets of plans, two sets of structural
calculations. Site plan, electrical, mechanical and plumbing plans shal1 be included.
Compliance with approved plans shall be inspected by the Community Development
Department during construction and prior to final inspection.
Exhibit A
Zoning Administrator Action 98-006
Page 3 00
(5) 3.2
(5) 3.3
(5) 3.4
(5) 3.5
(5) 3.6
FEES
(5)
4.1
As a result of change of occupancy from the original use, the applicant is subject to
upgrading the disabled accessibility requirement. An alteration defined in Title 24
California Administrative Code (CAe), is subject to providing van parking, signage
and eight feet unloading zone.
To comply with Title 24 Section 11 03B.l exception 2.2 equivalent services must be
provided by the salon on both floors including equal equipment and facilities (toilets,
wash basins, etc.).
All required building permits shall be obtained for alterations and tenant improvements
including the sinks that were installed without a permit and any future improvements
that may occur as a result of salon use of the building.
According to Uniform Building Section 1003.1, second stories with an occupant load
of 10 or more shall provide two exits. The applicant shall either provide a second exit
and staircase or limit the occupant load of the second floor to maximum nine (9)
persons. A detailed second floor plan shall be submitted indicating all working stations
to determine the occupant load.
At the time of building permit application, all plans shall comply with the 1994
Uniform Building Code, other related codes, City Ordinances, and State and Federal
laws and regulations.
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
subj ect to change.
a. All applicable Building plan check and permit fees to the Community
Development Department.
b. Within forty-eight (48) hours ofproject 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.
Ifwithin 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.