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HomeMy WebLinkAboutZAA 24-005 ZONING ADMINISTRATOR ACTION 24-005 CONDITIONAL USE PERMIT 2023-0023 2473 AND 2475 PARK AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2023-0023 was filed by filed by Michael Mustac, on behalf of World of Racing, requesting authorization to establish an indoor commerciaL recreational use consisting of an entertainment concept offering professional grade automotive simulators within two existing tenant spaces located at 2473 Park Avenue and 2475 Park Avenue in the District at Tustin Legacy shopping in The District at Tustin Legacy shopping center. B. That the property is zoned Tustin Legacy Specific Plan (SP1), within Planning Area 19 and has a land use designation SP1 within the General Plan, which provides for a variety of retail and service commercial uses including commercial recreation uses. The project is consistent with the Air Quality Sub-oLement of the City of Tustin General Plan. C. That in accordance with SP1 Section 4.1 and Tustin City Code Section 9299b3(f),the Zoning Administrator is authorized to consider minor CUPs for existing development where there would be no change of primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. D. That a public hearing was duly caLLed, noticed, and held for CUP 2023-0023 on March 26, 2024, by the Zoning Administrator. E. That the establishment, maintenance, and operation of the proposed professional grade automotive racing simulators will not 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 SP1 District within Planning Area 19 allows a variety of retail Zoning Administrator Action 24-005 Conditional Use Permit 2023-0023 Page 2 and commercial. uses. Use types such as commercial recreational.are conditionaLLy permitted subject to the approval of a CUP. 2) Parking for the proposed use can be accommodated because the overaLl. shared peak parking demand will be 4,727 parking spaces and there are currently 4,833 parking spaces provided in The District at Tustin Legacy shopping center to accommodate the parking demand of aLL uses onsite including the proposed use. 3) The proposed hours of operation are compatible with other uses within the center. 4) As conditioned, no noise impacts are anticipated in that aLL activities shall be conducted entirely within the building and would be conditioned to comply with the City's Noise Ordinance. 5) As conditioned, if the use is not operated in accordance with CUP 2023-0023 and is found to be a nuisance or negative impacts affect the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. 6) The proposed use would not have any aesthetic impacts to the area since no exterior modifications are proposed. F. Thatthis project is CategoricaLLy Exempt pursuantto Section 15301, (CLass 1 — Existing Facilities) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act) in that the project site is within two existing facilities and involves no expansion of an existing shopping and entertainment center. !I. The Zoning Administrator hereby adopts Zoning Administrator Action No. 24-005 approving CUP 2023-0023, for a commercial. recreational use within two existing tenant spaces Located at 2473 and 2475 Park Avenue in The District at Tustin Legacy shopping and entertainment center, subject to the conditions contained within Exhibit A attached hereto. Zoning Administrator Action 24-005 Conditional Use Permit 2023-0023 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a reguLar meeting held on the 26 lh day of March, 2024. / umitw- JUSTIKA L. WLLKOM ZONING ADMINISTRATOR VERA HU TADS RECORDING SECRETARY Zoning Administrator Action 24-005 Conditional Use Permit 2023-0023 Page 4 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Vera Hurtado, 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. 24-005 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 26th day of March 2024 VERA HURTADO RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2023-0023 2473 AND 2475 PARK AVENUE GENERAL (1? 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 26, 2024 on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 This approval shall become null and void unless the use is established within 12 months of the date of this Exhibit. 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 Unless otherwise specified,the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit (CUP) 2023-0023 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 Community Development Director, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). SOURCE CODES 00 STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW EXCEPTIONS Exhibit A Conditions of ApprovaL Conditional Use Permit 2023-0023 Page 2 (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney"s fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 CUP 2023--0023 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with the Conditions of Approval or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.8 As a Condition of Approval of CUP 2023-0023, the applicant shall agree, at its sale cost and expense, to defend, indemnify, and, hold harmless the City, its officers, employees, agents, and consultants,from any claim, action,or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. USE RESTRICTIONS (1) 2.1 The proposed project has been approved for an indoor commercial recreational use (interactive professional grade automotive simulator entertainment concept) within two existing tenant spaces located at 2473 and 2475 Bark Avenue. (1) 2.2 Maximum number of participants/customers shall not exceed 75, plus. up to six employees at any given time as shown on the parking analysis unless approved by the Community Development Department. i Exhibit A Conditions of Approval Conditional Use Permit 2023-0023 Page 3 (1) 2.3 The hours of operation for the business shall be as foLLows: Monday—Thursday: 2:00 p.m. to 10:00 p.m, Friday: 2:00 p.m.to 12:00 a.m. Saturday: 10:00 a.m. to 12:00 a.m. Sunday: 12:00 p.m, to 10:00 p.m. Modifications to the hours of operation may be approved by the Community Development Director if it is determined that no impacts to surrounding tenants or properties will occur. (1) 2.4 ALL business activities shall comply with the City's Noise Ordinance per TCC 4611. (1) 2.5 Business operations shall be conducted in a mannerthatdoes not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (1) 2.6 No change or alteration of the tenant spaces shaLt occur without prior approval of the Community Development Director. Major modifications to the floor area, services, and/or operation of the business may require consideration of a new CUP by either the Zoning Administrator or the Planning Commission. (1) 2.7 The applicant shall submit sign plans to the Planning Division for all exterior signs under a separate sign permit. In addition, no signs or other forms of advertising or attraction may be placed on-site without approval from the Community Development Department. (1) 2.8 The applicant shall submit a business License application to the Finance Department and obtain a business License for the business. (1) 2.9 The facility shaLL have a maximum of 32 automotive racing simulators. Each simulator is Limited to one customer at a time. (1) 2.10 All activities shall be Located within the enclosed tenant spaces. No congregation and/or business activities outside of the tenant spaces are aLLowed in association with the use. Exhibit A Conditions of Approval Conditional Use Permit 2023-0023 Page 4 (5) 2.11 The operator(s) of the business shall not permit, and shall take all steps necessary to prevent, its patrons from consuming alcoholic beverages on the premises. (1) 2.12 The applicant shall notify the Community Development Department of any changes to the use of the facility. (1) 2.13 If the use authorized by CUP 2023-0023 is discontinued for one year, then it shall be conclusively presumed that such use has been abandoned and CUP will be deemed expired. BUILDING DIVISION: (1) 3.1 At plan check submittal, provide the following information on the cover sheet: a. Total square feet of proposed work area. b. Type of construction of existing building. c. Clarify if existing building is equipped with a fire sprinkler. (1) 3.2 Ensure that the scope of the work on the plans match with the scope of work on the permit application. (1) 3.3 The project shall be designed by a professional registered architect and/or registered engineer. (1) 3.4 The project shall comply with requirements of Chapter 11-B of California Building Code 2022. (1) 3.5 On the site plan, clearly show the accessible parking stalls, and the path of travel from the accessible parking and from the drop off point to the main entrance of the building. (1) 3.6 At plan check submittal, clearly show that the entrance door has a 10- inch kick plate at bottom, level type or push/pull door handle, and a symbol of accessibility on the door. (1) 3.7 At plan check submittal, provide complete structural calculations and drawings for removal of any load bearing walls or shear walls. Exhibit A Conditions of Approval Conditional Use Permit 2023-0023 Page 5 (1) 3.8 Clearly show ADA compliance of restrooms with dimensions as shown on the floor plan at plan check submittal. (1) 3.9 At plan check submittal, provide complete structural calculations and drawings for the awning as indicated on Sheet AD-104. Details 5 and 8. (1) 3.10 Provide structural calculations, and drawings for the soffits as shown on Sheet AD-105, Detail 6 at plan check submittal. (1) 3.11 Provide complete drawings/information for any MPE works at plan check submittal. PUBLIC WORKS (1) 4.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). The applicant/contractor is required to submit a WRRP to the Public Works Department, The WRRP must indicate how the applicant will comply with the City's requirement(TCC Section 4351, et al) to recycle at Least 65 percent of the project waste material or the amount required by the California Green Building Standards Code. a. The applicant will be required to submit a fifty-dollar ($50.00) application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit, in the amount of five percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand.The deposit amount will be collected in accordance with the TCC. b. Prior to issuance of a Building Permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". Exhibit A Conditions of Approval Conditional Use Permit 2023-0023 Page 6 FEES (1) 5.1 On the day 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$50.00 to enable the City to file the appropriate environmental documentation for the project. If within such 48-hour period the 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.