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HomeMy WebLinkAboutZA ACTION 04-004 ZONING ADMINISTRATOR ACTION 04-004 CONDITIONAL USE PERMIT 03-022 2620 WALNUT AVENUE, SUITE C 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 03-022 was filed by Maria Djohari, requesting authorization to establish a piano/furniture sales showroom/warehouse within an existing 1,874 square foot tenant space in the Irvine Industrial Complex at 2620 Walnut Avenue, Suite C, Tustin. B. That the proposed use is consistent with the General Plan "Planned Community Commercial Business" land use designation which provides for a variety of industrial and commercial uses and is allowed within the Irvine Industrial Complex, with the approval of a Conditional Use Permit. 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. C. That a public hearing was duly called, noticed, and held on said application on March 1, 2004, by the Zoning Administrator. D. That the establishment, maintenance, and operation of a piano/furniture sales warehouse will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, 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, in that a. As conditioned, the use would be limited to upright and grand pianos and furniture warehousing and sales, and the type of merchandise that may be stored and sold would be limited to upright and grand pianos and furniture. b. The operational characteristics of the piano/furniture sales warehouse would be appropriate for the location. As conditioned, the use would occur entirely within the existing building area and would not be permitted to have outdoor storage, display, or activities (except loading and unloading) without prior approval from the Community Development Director. All loading and unloading would occur at the loading door in an area that does not impact drive aisles or parking spaces. c. The days and hours of operation from 10:00 a.m. to 6:00 p.m. daily would be consistent with the operational characteristics of the other businesses located within the center. Zoning Administrator Action No.04-004 Conditional Use Permit 03-022 Page 2 d. The proposed use, as conditioned, would not result in parking impacts since an 82-space parking surplus exists, and the Traffic Engineer has determined that there is sufficient capacity to accommodate the proposed project. E. This project is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit No. 03-022 authorizing the establishment of a furniture sales warehouse for upright and grand pianos and furniture within a 1,874 square foot tenant space in the Irvine Industrial Complex Planned Community at 2620 Walnut Avenue, Unit C, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 1st day of March, 2004. ~~~I/.A~ Elizabeth A. Binsack ZONING ADMINISTRATOR ~ Eloise Harris RECORDING SECRETARY STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) 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. 04-004 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 1 st day of March, 2004. ~~ Eloise Harris RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 04-004 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 03-022 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped March 1, 2004, on file with the Community Development Department, except 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 minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 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) 1.3 Approval of Conditional Use Permit 03-022 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 within ten (10) days of approval of Conditional Use Permit 03-022. (1) 1.4 As a condition of approval of Conditional Use Permit 03-022, the applicant shall agree, at its sole 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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Zoning Administrator Action No.04-004 Conditional Use Permit 03-022 Page 2 (1) 1.5 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys' fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. PUBLIC WORKS (5) 2.1 The applicant, property owner and/or tenant(s) shall participate in the City's recycling program. Within ten (10) days of project approval and prior to business license approval, a solid waste recycling plan identifying planned source separation and recycling programs shall be submitted and approved by the City of Tustin Public Works Department. USE RESTRICTIONS (3) (3) (3) (3) *** (1 ) *** *** 3.1 The use shall be limited to the warehousing and sale of upright and grand pianos and furniture. Sales and storage of items shall be limited to upright and grand pianos and furniture. No other musical instruments, including but not limited to electronic keyboards, shall be sold or stored on-site. 3.2 Loading and unloading shall not encroach into drive aisles. Loading and unloading activities shall occur only in designated parking spaces. 3.3 A clearly dimensioned sixty (60) inch pathway to all exits shall be maintained at all times. 3.4 All non-exiting aisles shall be a minimum of forty-eight (48) inches wide, at all times, to comply with California Title 24 Accessibility Regulations. 3.5 Music instruction shall not occur on-site. 3.6 No outdoor storage, display, or any other activities (except loading and unloading) shall be permitted, except as approved by the Tustin Community Development Director. 3.7 Any modification to floor plans Of the use shall be reviewed and approved in writing by the Community Development Director. 3.8 The applicant shall comply with the City's noise ordinance at all times. If noise complaints are received and a duly authorized representative of the City of Tustin determines that the noise is associated with the use, the Zoning Administrator Action NO.04-004 Conditional Use Permit 03-022 Page 3 applicant shall immediately implement interim provisions to prevent noise and shall submit a noise study prepared by a licensed professional noise consultant and implement sound mitigation measures recommended by the study to eliminate noise impacts. ... 3.9 To prevent any noise associated with the use from impacting adjacent tenants, the applicant shall ensure that the doors (pedestrian and vehicle doors) remain closed at all times. FEES (C) 4.1 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 dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (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.