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HomeMy WebLinkAboutZAA 01-006/CUP 01-021 2 J 4 5 I. 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ZONING ADMINISTRATOR ACTION 01-006 CONDITIONAL USE PERMIT 01-021 The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 01-021 was filed by Gil Fernando on behalf of SMC Corporation of America requesting authorization to install cooling and heating equipment within a utility yard at the rear of an existing office/manufacturing and warehouse facility at 14191 Myford Road to provide hot and cold water for the manufacturing process of chiller equipment within the building. B. The proposed utility yard is conditionally permitted within the Irvine Industrial Planned Community. C. That a public hearing was duly called, noticed, and held on said application on October 15, 2001, by the Zoning Administrator. 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 a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin in that: 1. The proposed utility yard is consistent with General Plan policies for industrial development which encourage light industrial uses that are non-polluting and can co-exist with surrounding land uses. The heating and cooling equipment within the utility yard will not create smoke, gas, dust, sound, vibration, soot, or glare or use hazardous materials which may be obnoxious or offensive to persons residing or conducting business in the City. 2. The proposed utility yard will support the primary industrial use of the property by enclosing heating and cooling equipment that is used to provide hot and cold water for the manufacturing process within the building. 3. As conditioned, the utility yard will screen the heating and cooling equipment from the public right-of-way and adjacent properties. 4. As conditioned, the heating and cooling equipment will comply with the City's noise standards for industrial land uses. Zoning Administrator Action 01-006 October 15, 2001 Page 2 2 3 E. That the proposed use is consistent with the General Plan Land Use Designation "Planned Community Commercial/Business," which provides for a variety of light industrial uses. 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. 4 5 6 7 F. This project is Categorically Exempt pursuant to Section 15303, Class 3 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 8 9 10 II. The Zoning Administrator hereby approves Conditional Use Permit No. 01-021 authorizing installation of heating and cooling equipment within a utility yard to be at the rear of an existing office/manufacturing and warehouse facility at 14191 Myford Road used in conjunction with the manufacturing process of chiller equipment within the building subject to the condition contained within Exhibit A, attached hereto. 11 12 13 14 15 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 15th day of October 2001. 8 . i-~cdJ;; r2~-Pk Elizabeth A. Binsack ZONING ADMINISTRATOR 16 17 18 19 20 Eloise Harris RECORDING SECRETARY 21 22 STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) 23 24 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 No. 01-006 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 15th day of October 2001. ~~ ELOISE HARRIS Recording Secretary 25 26 27 28 29 EXHIBIT A ZONING ADMINISTRATOR ACTION 01-006 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 01-021 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 15, 2001, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be consistent with provisions of the Tustin City Code. (1) 1.2 The Conditional Use Permit 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 or as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 01-021 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to 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 ) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODEtS DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PCtCC POLICY *** Exhibit A Zoning Administrator Action 01-006 October 15, 2001 Page 2 LJSF RFSTRICTIONS (4) 2.1 All ground-mounted equipment shall be screened with a nine (9) foot concrete masonry split block wall to match the existing building. The plans shall identify wall details, and the wall shall be subject to field inspection. (*) 2.2 Prior to the final inspection, a comprehensive noise analysis shall be prepared for review and approval of the Community Development Department. The applicant shall be responsible for all costs associated with the preparation of the study. Should the study indicate that the operation of the equipment exceeds the noise levels allowed by the Tustin City Code, the applicant shall be responsible for installing additional noise mitigation measures as indicated in the noise study. (1) 2.3 All site drainage shall be handled within the area of the utility yard. (*) 2.4 The applicant shall submit plans for future equipment cover to the Community Development for review and approval. The structure shall be designed to complement the existing building and provide screening from the public right-of-way. (1) 2.5 Prior to the issuance of any permits, the property owner and applicant shall provide written consent and authorization to enter the property for the purpose of conducting compliance assessments. An authorized inspector may inspect the property for the purpose of verifying compliance with Chapter 4 of the Tustin City Code (Water Quality Ordinance). PI AN SlIRMITTAL (1) 3.1 Building plan check submittal shall include the following: . Four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical. . Two (2) copies of structural calculations. . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (1) 3.2 Construction plans shall comply with all requirements of applicable Federal, State, and City codes and ordinances including compliance with the following codes: . 1998 California Building Code (CBC) . 1998 California Mechanical Code (CMC) . 1998 California Plumbing Codes (CPC) . 1998 California Electrical Code (CEC) Exhibit A Zoning Administrator Action 01-006 October 15, 2001 Page 3 (3) 3.3 The proposed equipment enclosure may not obstruct or eliminate any existing and required exit doors. (3) 3.4 Prior to issuance of the building permit, clearance from the Orange County Fire Authority is required. (3) 3.5 All outdoor electrical equipment and metal parts shall be grounded per Article 250 of the 1998 California Electrical Code (CEC). EEE.S (1) 4.1 Prior to issuance of any building permits, payment shall be made of all applicable building plan check, signs, design review, and permit fees to the Community Development Department based upon the most current schedule. 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. (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 forty-three ($43.00) 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.