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HomeMy WebLinkAboutZAA 01-003, CUP 01-006 2 3 I. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ZONING ADMINISTRATOR ACTION 01-003 CONDITIONAL USE PERMIT 01-006 The Zoning Administrator finds and determines as follows: A. That a proper application, Conditional Use Permit 01-006, was filed by Tom Rowe, Tustin Girls Softball League, to install batting cages at Columbus Tustin Park located at 14701 Prospect Avenue. The project involves the installation of three (3) batting cages adjacent to the existing ball fields within a fenced area approximately 130 feet by 12 feet. B. That there is a community need for batting cages that are available for shared use by the general public and the Tustin Girls Softball League. C. That the establishment of batting cages at Columbus Tustin Park within the "Public and Institutional" zoning district is permitted subject to the approval of a conditional use permit in accordance with Section 9245 of the Tustin City Code and the Zoning Administrator may consider minor conditional use permits in accordance with Section 9299(b)(3). The General Plan land use designation of "Public and Institutional" provides for the development of a variety of recreational amenities. In addition, 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. D. That a public hearing was duly called, noticed and held on said application on April 2, 2001, by the Zoning Administrator. E. 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 a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: 1) The batting cages will fulfill a community need and be used jointly by Tustin Girls Softball and the City of Tustin for use by the general public. The batting cages will be located within an area of Columbus Tustin Park that is currently underutilized and used only for landscaping. The batting cages will be incidental to the primary use of Columbus Tustin Park, will be used during parks hours, and are not anticipated to create significant noise, traffic, or parking impacts. 2) 3) F. That pursuant to Section 9272 of the Tustin Municipal Code, the Zoning Administrator finds that the location, size, architectural features, and general appearance of Conditional Use Permit 01-006 will not impair the orderly and harmonious development of the area, the present or future development 2 Zoning Administrator Action 01-003 CUP 01-006 Page 3 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 4 5 10 6 I, Eloise Harris, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action 01- 7 003 passed and adopted at a meeting of the Tustin Zoning Administrator, held on the 2nd day of April, 2001. : ~d~ Eloise Harris Recording Secretary 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 EXHIBIT A CONDITIONAL USE PERMIT 01-006 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped April 2, 2001, 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. The Director of Community Development may also approve subsequent minor modification to plans during plan check if such modifications are to be consistent with provisions of the Tustin City Code. (1) 1.2 Conditional Use Permit 01-006 approval shall become null and void unless building permits are issued within twelve (12) months of the date of this Exhibit. The subject project approval shall become null and void unless permits are issued within twelve (12) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 All conditions in this Exhibit shall be complied with prior to the issuance of any building permits for this project, subject to review and approval of plans by the Community Development Department. (1) 1.4 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. (1) 1.5 Prior to issuance of building permits, the applicant shall execute an "Agreement Between the City and Tustin Girls Softball to Construct Batting Cages." (1) 1.6 If in the future the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the batting cages, the Community Development Director may require the applicant to prepare a parking demand analysis, traffic study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department and/or Public Works Department. (1 ) (2) (3) (4) ... SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A CUP 01-006 Page 2 PLAN SUBMITTAL *** *** *** (1 ) (1 ) (1 ) (1) 2.1 At the time of building permit application, the plans shall comply with the 1998 California Building Code (CBC), 1998 California Electrical Code (CEC), California Title 24 Accessibility Regulations, City Ordinances, and State and Federal laws and regulations. The plan check submittal shall include the following: . Four (4) sets of construction plans, including electrical drawings. . Two (2) sets of structural calculations. . Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on site and off site where applicable. . Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall-mounted fixtures shall be directed at a 90-degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot-candle of light coverage in accordance with the City's Security Ordinance. . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. 2.2 Plans shall reflect the correct address for the project which is 14702 Prospect Avenue. 2.3 The storage shed shall be removed from the submitted plans. 2.4 The F-5 steel barriers shall not be located in the walkway areas. 2.5 The planter/turf areas north of the batting of cages shall be eliminated and concrete shall be installed to eliminate the need for irrigation and provide a level grade. 2.6 One and one-half (1 'h) inch covered foam padding shall be installed on the fencing behind the baUers. The material specifications will need to be indicated on the submitted plans. 2.7 Indicate on the plans that artificial turf will be installed on the concrete floor of the batting cages. Exhibit A CUP 01-006 Page 3 (1) 2.8 Plans will need to indicate that mesh netting will be installed on the upper four (4) feet of the fencing around the batting cages. (1) 2.9 The site plan shall note proposed size, quantity, and type of landscaping materials for review and approval by the Public Works Department Field Services Division. All irrigation mains and laterals located under proposed concrete shall require sleeves. (1) 2.10 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. (1) 2.11 A note shall be provided on final plans that a six (6) foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 2.12 The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. (1) 2.13 All construction operations including engine warm up, delivery and loading/unloading of equipment and materials shall be subject to the provisions of the City of Tustin Noise Ordinance, as amended, and may take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday, and 9:00 a.m. until 5:00 p.m. on Saturday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. USE REST ICTIONS (4) 3.1 The facilities shall be limited to three (3) batting cages located adjacent to the existing ball fields. The location and configuration of the batting cages shall be restricted to the height, location, and configuration shown on the approved plans except as modified herein. (4) 3.2 No exposed wiring on the exterior elevations shall be allowed. (4) 3.3 The fenced equipment cabinet shall be screened with landscaping subject to final approval of the Community Development Department. (4) 3.4 No exterior ground-mounted equipment shall be visible. Exhibit A CUP 01-006 Page 4 (1) 3.5 No outdoor storage shall be permitted. (5) 3.6 The use or operation of any loudspeaker, sound amplifier, or other machine or device for the producing of sound shall be prohibited. (5) 3.7 Liquidated damages for any disruption of ball field activities shall be made to the Community Services Department if construction activities extend beyond scheduled times and dates. (5) 3.8 Damage to the existing park improvements shall be repaired or replaced to the satisfaction of the Director of Public Works, Field Services Manager, and the Parks and Recreation Director. (1) 3.9 The hours of operation shall be limited to the following: All Tustin Unified School Days All non-Tustin Unified School Days All Saturdays All Sundays Holidays 4:00 p.m. - 8:00 p.m. 8:00 a.m. - 8:00 p.m. 8:00 a.m. - 8:00 p.m. 9:00 a.m. - 4:00 p.m. 8:00 a.m. - 8:00 p.m. (1) 3.10 The City of Tustin shall have authority to schedule all use of batting cages during non-Tustin Girls Softball hours, but in no case shall the facility be open later than 8:00 p.m. (1) 3.11 Tustin Girls Softball shall be responsible for and pay all necessary costs incurred for construction and maintenance of batting cages and fencing and shall pay for all costs of utilities used for the maintenance of the batting cages by the Tustin Girls Softball and City-authorized use. (1) 3.12 Prior to construction, the applicant shall obtain an encroachment permit from the City of Tustin Public Works Department. 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 check and permit fees to the Community Development Department based on the most current schedule. B. Orange County Fire Authority plan-check and inspection fees to the Community Development Department based upon the most current schedule. Exhibit A CUP 01-006 Page 5 (1) 4.2 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 $43.00 (forty-three 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.