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Home My WebLink AboutCUP 05-002 DATE: MARCH 7, 2005 Inter-Com ~10-=-f/-', /'~ ~.'~\ ;?~ r~~p, ~'..r:.~':'''.':~.'~..'~.;\i " m\\', ~ -.,-,'.", '\ . .-"'" '<,Ii>." "~g;"._,,,;ii: ~j;~('t..~~'\> !("ysi1'J/ --=---'- TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 05-002 APPLICANT: THE OLSON COMPANY ATTN: JULIE TLILAYATZI 3020 OLD RANCH PARKWAY, SUITE 400 SEAL BEACH, CA 90740 PROPERTY OWNER: REMARC MANAGEMENT C/O ERIC CRAMER 23201 LAKE CENTER DRIVE #207 LAKE FOREST, CA 92630 LOCATION: 14520 NEWPORT AVENUE REQUEST: ZONING: COMMERCIAL GENERAL (CG) GENERAL PLAN DESIGNATION: COMMUNITY COMMERCIAL ENVIRONMENTAL STATUS: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO SECTION 15304 (CLASS 4) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). AUTHORIZATION TO CONTINUE TEMPORARY PLACEMENT OF ONE (1) SALES TRAILER, ONE (1) CONSTRUCTION TRAILER, AND ONE (1) PORTABLE RESTROOM FOR A PERIOD OF SIX (6) MONTHS. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action No, 05-002 approving Conditional Use Permit 05-002, BACKGROUND On December 16, 2004, a Temporary Use Permit was issued for the placement of one (1) sales trailer, one (1) construction trailer, and one (1) portable restroom to be located at Zoning Administrator CUP 05-002 Page 2 14520 Newport Avenue in the parking spaces designated in the attached site plan (Attachment A). The sales trailer and the construction trailer are used in conjunction with the project located at 14552 Newport Avenue (Arbor Walk) as presale office and construction office, respectively. The property where the trailers are located is zoned as Commercial General and is designated by the General Plan as Community Commercial. DISCUSSION Purpose In 2003, the City approved the construction of sixty-three (63) residential condominium units at 14552 Newport Avenue. As the project is undergoing the construction of the model homes, the applicant wishes to conduct presales of homes at an adjacent site by placing temporary trailers for presale and construction offices. Since the approved Temporary Use Pennnit is only valid for thirty (30) days from the date of the issuance and the applicant wishes to continue the placement of these trailers until the model homes are complete (sales office will be relocated to the model homes), Conditional Use Pennnit 05- 002 is submitted requesting an extension of time for up to six (6) months. Permit Requirements In accordance with Tustin City Code Section 9270c, temporary use of trailers for up to six (6) months may be allowed with the approval of a Conditional Use Permit. Pursuant to Tustin City Code (TCC) Section 9299(b)(3)G), the Zoning Administrator may approve conditional use permits for temporary uses for up to six (6) months. Operational Configuration The temporary trailers would remain at their current locations away from the entrances to the storefronts along Newport Avenue at the southwest corner of the existing shopping center. The sales trailer is equipped with accessible ramp and restrooms to accommodate the public. The sales trailer also has signs attached to the side walls identifying the project located adjacent to the site (Arbor Walk). Temporary parking spaces also are provided to ease access to the sales trailer. The construction trailer is located to the rear of the existing restaurant building away from traffic and pedestrian circulation for the shopping center. The applicant has indicated that due to the nature of the project designed with basement garages and underground utilities underneath the internal street system, the construction trailer needs to be placed off-site until necessary utilities and street system are installed. Since the temporary uses are authorized for up to six (6) months, Condition 1.8 requires the sales and construction trailers be removed from the site upon completion of the model homes and street system or prior to the expiration date of September 7, 2005, whichever comes first. Zoning Administrator CUP 05-002 Page 3 FINDINGS A decision to approve this request may be supported by the following findings: 1. The proposed off-site temporary trailers are necessary to facilitate the construction of an approved project for sixty-three (63) residential condominium units located at 14552 Newport Avenue. 2. The property owner where the trailers are located has consented to allow the trailers to stay for an additional six (6) months as evidenced in the signed application and the authorization letter dated March 3, 2005. 3. The installation and operation of the off-site presale and construction trailers are in compliance with the Tustin City Code. 4. The installation and operation of trailers would be temporary for a period of approximately six (6) months and will be removed by September 7, 2005, or by the completion of the model homes and the streets system for the project located at 14552 Newport Avenue, whichever comes first. The parking area where the trailers are located will be restored to its original condition. 5. The hours of operation for the sales trailer are limited to 10:00 a.m. to 6:00 p.m. daily. The hours of operation for the construction trailer are limited to the construction and delivery hours of 7:00 a.m. to 6:00 p.m. Monday to Friday and 9:00 a.m. to 5:00 p.m. on Saturdays. As conditioned, the project must comply with the business hours limitation and the Community Development Director could require the applicant to later remove the trailers if it is determined to be in violation of conditions of approval. 6. The location of the trailers would not disrupt the business operation of the shopping center at the site while the trailers are being used. On-site parking or circulation would not be affected since there are adequate numbers of parking spaces available for the shopping center customers and that the uses of off-site trailers are temporary in nature. Attachments: A - Location Map B - Submitted Plans C - Zoning Administrator Action No. 05-002 S:\CddIZAREPORTI2OO5\CUP05-002(01son~lenl).doC ATTACHMENT A Location Map ~ LOCATION MAP 1 PROJECT NO. ADDRESS ( r cur 05-002- 11./52.0 Nt.~port Ave. ~n,CA , , ATTACHMENT B Submitted Plans ~ ,:e j ,fi -~ ~ .,[ < fl~ ..Il: . ..... j i Ji "I ~ j l ~ ':."',i ~ ., : . 0 .. ~ .. 'i ~ ". .. ~ ~L 0{ '~1 " t~ .13 A . ~ H. iH F. ~:i' U~ i': ~~.! ji~ ., Hi j's, IR ~l III ~.t 0 III lh IR U" jU ~ r-. I ~ j III U" Ii I- ID ~ ~ :5 -,' '"' li~ )-11)0 1'\1 z)-V .Q ~!~ fi v.. <(<.... III hi IL.~O "- It l:lltr x: 'I <( ~:, -l Q It . ~; w o<(~ IL io! lIIo ~ A" <( -I ZIL.. ',I; ;C Ii - l' 0:1::1: ,.1 0( 0 ~:! 0 ~ ri lDOO ,,e-.... IL It < 0 () ....Z<( to i )o.J \I) \) 1'\1 O<U 0 31' l- z' IT IL It 10 l"t J.l z ..( It I- 0 WO....J ('f ~,; dl - III J _1 .....I II) ~-'< 0" IL W :::l > It O:t: 0 0 -I I- 0 <( r- W IL 0 to IL -< Z ..( U1 (II '"' \) 11l dl It 0 1'\1 IL. IQ o&l UJ III II It II) '- Z Z <( ..( ....J <( ....J D... DEC-16-1004 05:59PM FROM-OLSON COMPANY ,.~ +5613419461 T-071 P.013/019 F-611 + ," - . "I"IIUI:oV;I(lI:""a e6NIl~ .' . .1 '.. .... r." .._ ...- ... .. ... ," ! -- -:I. CI Ii ~- III 'Z " '~,...,J". . 1-'" III g.,.....:, !iE "J . . 119-, 610/ZIO.d ZlO-l. 16V6Zv€Z99+ 1'i85 P.DDTInD7 F-ll4 t-W P .lllHtDDI ;.in .( ~ 4 B< 41 ~~ ~~ - .. 'I I . ~ .. . .. I t, .. - . ~ .. ^NVd~O~ NOS10~O~, ~d69:90 vOOZ-91-~3~ , IIH 610/~Wd i I ,."ji ,f ... i i I~ I -ji; < 'I' -. . I "': a hi .. 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H. ,....~ J If ". ll", I!- {'J )(11 l'~ .ell ~. ~il ~ .. ^NVd~OO NOS10-nOi, ~d69:90 ~001-91-030 OEC-16-1004 06:00PM FROM-OLSON COMPANY Dl1\:-'&-ZllIl4 11 :SiAM F1lOl.t-mG SEAL iEAtH +5613419481 T-OT! P.OI5/0IS F-61! +5B!S9llQ535 t-Ti :.~UlnT :..;u . " . &Ies Tmi lev ~vr ..,". D 12 24. 3/3' 48 =_11 r II' 'I r I r,) II J I' I, II' f J, r"1 fll " 1/111 I 11, 1111/' - - - lit:: -0-= - N - -- - - - !Special Nates: . . "ll' _, SeCUrity depollt of $92G.OO apllnslI:! tG thu final billing. ($7'5.00 !;:/eanlng fee in .. . -... '" I B-3 . r ~ L Qwr 30" Design 10'lcS'S I..andIng 4':1cSC' Ramp . ,S"l11Ellal toe pkacs (Aspl1altlCon~ llnly) 30" Threshold Height -" = ..... ..... 1- I PROJa:T' NAMI:' ~ ..... -"'" elJBTOMER APPFCOVA\.: ATTACHMENT C Zoning Administrator Action No. 05-002 ZONING ADMINISTRATOR ACTION 05-002 CONDITIONAL USE PERMIT 05-002 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 05-002 was filed by the Olson Company requesting authorization to continue the temporary placement of one (1) sales trailer, one (1) construction trailer, and one (1) portable restroom for up to six (6) months at 14520 Newport Avenue in conjunction with the development of sixty-three (63) residential condominium units at adjacent site at 14520 Newport Avenue. B. In accordance with Tustin City Code Section 9270c, temporary use of trailers for up to six (6) months may be allowed with the approval of a Conditional Use Permit. The temporary placement of offices is consistent with the Community Commercial land use designation of the City of Tustin General Plan since office uses are permitted in the commercial districf In accordance with Tustin City Code Section 9299(b)(3)U), the Zoning Administrator may approve conditional use permits for temporary uses for up to six (6) months. In addition, the project has been determined to be consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That a public hearing was duly called, noticed, and held on said application on March 7, 2005, by the Zoning Administrator. At that time, it was determined 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 proposed off-site temporary trailers are necessary to facilitate the construction of an approved project for sixty-three (63) residential condominium units located at 14552 Newport Avenue. 2. The property owner where the trailers are located has consented to allow the trailers to stay for an additional six (6) months as evidenced in the signed application and the authorization letter dated March 3, 2005. 3. The installation and operation of the off-site presale and construction trailers are in compliance with the Tustin City Code. 4. The installation and operation of trailers would be temporary for a period of approximately six (6) months and will be removed by - - "0> -- - -...,,- ----:r -- Zoning Administrator Action 05-002 Conditional Use Permit 05-002 Page 2 September 7, 2005, or by the completion of the model homes and the streets system for the project located at 14552 Newport Avenue, whichever comes first. The parking area where the trailers are located will be restored to its original condition. 5. he hou of operation for the sales trailer are limited to 10:00 a.m. to 6:00 p.m daily. The hours of operation for the construction trailer are limited the construction and delivery hours of 7:00 a.m. to 6:00 onday to Friday and 9:00 a.m. to 5:00 p.m. on Saturdays. As conditioned, the project must comply with the business hours limitation and the Community Development Director could require the applicant to later remove the trailers if it is determined to be in violation of conditions of approval. D J \) ~. 6. The location of the trailers would not disrupt the business operation of the shopping center at the site while the trailers are being used. On-site parking or circulation would not be affected since there are adequate numbers of parking spaces available for the shopping center customers and that the uses of off-site trailers are temporary in nature. E. This project is categorically exempt pursuant to Section 15304, Class 4 of Article 19, 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 Penmit 05-002 authorizing the continuation of temporary placement of one (1) sales trailer, one (1) construction trailer, and one (1) portable restroom for up to six (6) months at 14520 Newport Avenue in conjunction with the adjacent site development of sixty-three (63) residential condominium units at 14552 Newport Avenue, 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 th day of March, 2005. Dana Ogdon ZONING ADMINISTRATOR Eloise Harris RECORDING SECRETARY Zoning Administrator Action 05-002 Conditional Use Permit 05-002 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that 1 am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action 05-002 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the th day of March, 2005. Eloise Harris RECORDING SECRETARY -. - - -..,.- EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 05-002 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 7, 2005, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. (1) 1.2 This approval shall become null and void unless the use is established within six (6) 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 All conditions in this Exhibit shall be complied with prior to issuance of permits, or as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 05-002 is contingent upon the 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 As a condition of approval of Conditional Use Permit 05-002, 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) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW (5) (6) (7) *** RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTIONS Zoning Administrator Action 05-002 Conditional Use Permit 05-002 Exhibit A Page 2 ~, (1) 1.6 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 theTustin City Code. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the Tustin City Code. USE RESTRICTIONS (1) 1.8 Conditional Use Permit 05-002 is valid for six (6) months. The sales and construction trailers along with the portable restroom shall be removed by September 7, 2005, or upon the completion of the model homes and street system, whichever comes first. (1) 1.9 The sales trailer and the portable restroom shall comply with the American with Disabilities Act and shall be accessible during business hours. All trailers must be padlocked at all times they are not occupied. (1) 1.10 All activities shall not block disabled parking spaces, access routes, required fire lanes, cause back up (queuing) of vehicles into the public right-of-way, or create unsafe conditions. Fire and police access shall be permitted at all times. (1) 1.11 The applicant has submitted a refundable cash deposit in an amount of $5,000.00 to ensure the timely removal of construction trailers in the event the permit is revoked or upon termination of the use. The applicant and property owner have granted authorization via the letter dated December 16,2004, to the City of Tustin (Exhibit 1) to ensure removal of the structure and enter onto the property for that purpose and posted a cash deposit of $5,000.00 (Exhibit 2, Letter of authorization to deduct trust account to pay for cash deposit) for the estimated costs of removal of the structure upon the expiration or nullification of this permit. The City of Tustin may dispose of said structure in a manner acceptable to the City of Tustin. (1) 1.12 Temporary signs including banners shall comply with the requirements of the Sign Code. Any signs or banners advertising the project shall not be placed within the public right-of-way. (1 ) 1.13 The applicant shall maintain an active grading or building permit during the period in which the temporary construction trailer is located on the site. If the permit lapses, the trailer shall be removed within 24 hours of notification by the City. ~ , . ~ Zoning Administrator Action 05-002 ~' ^ J1 Conditional Use Permit 05-002 _~ ~. Exhibit A r<: /l , Page 3 . J (1) (GJ The use of the temporary sales trailer shall be IimjteG-to--the-~ V homes at Arbor Walk located at 14552 Newport venue. The h^o^urs of) op~ration for the sales trailer shall be limited to~oo a.m, to 6:00 p,m;) dally, ____ /~ (1) 1.15 The use of the construction trailer shall be limited to construction-related uses at 14552 Newport Avenue only. No construction vehicles, materials or equipment shall be stored at 14520 Newport Avenue for staging of the construction project at 14552 Newport Avenue. Hours of operation for construction shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday. No operations shall occur on Sunday and Federal holidays. (1) 1.16 No overnight use or residential use of the trailers is permitted. (1) 1.17 The applicant shall not alter the conditions of or construct any improvements or structures within the public right-of-way without the approval of the City's Public Works Deaprtment. (1) 1.18 Any damage resulting from the permitted activity to curb, gutter, sidewalk, roadway, etc. in the public right-of-way shall be repaired to the satisfaction of the City Engineer at applicant's sole cost and expense. (1) 1.19 Any litter within the public right-of-way attributable to this use shall be removed on a daily basis. (1) 1.20 All businesses that will be operating within the City of Tustin as a result of this temporary use permit, including setup and clearing, shall be required to obtain a valid City of Tustin Business License. (1) 1.21 No activity shall obstruct the access to any business. (1) 1.22 Violation of any condition shall be cause for the City to require the applicant to cease all activities identified in this permit within 24 hours of being notified by the City that a violation has occurred. Furthermore, the trailers may be required to temporarily cease operating at any time, at the discretion of the Tustin Police Department Watch Commander in consultation with the Community Development Director, in response to complaints received during the event from the surrounding community regarding disturbances of the peace. FEES (1) 2.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, plan check and permit fees to the Community Development Department based on the most current schedule. Zoning Administrator Action 05-002 Conditional Use Permit 05-002 Exhibit A Page 4 (2) 2.2 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 dollars ($43.00) 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. .~ MAR-OS-2005 04:10PM FROM-OLSON COMPANY +5623429481 T-27S P.002/002 F-142 ~I March 3, 2005 Elizabeth A. Binsack Director of Community Development City ofTustin 300 Centennial Way Tustin, California 92780 Subject: LETTER OF UNDERSTANDING AND AUTHORIZATION TO ENTER PROPERTY AND REMOVE TEMPORARY TRAILERS AT P ARKLANE PLAZA AT 14520 NEWPORT AVENUE, TUSTIN Dear Ms. Blnsack: · I understand that the temporary trailers/stroctures to be installed at Parklane Plaza located at 14520 Newport Avenue must be removed from the site within 6 months of the date of issuance of the Conditional Use P=it. · I hereby authorize the City of Tustin, or its representative, to enter the property at 14520 Newport Avenue with no further notice for the purpose of removing the temporary trailers if it is not removed by the applicant as requested or stipulated by the City pursuant to the conditions of approval imposed by the Conditional Use Permit. · I hereby authorize the City of Tustin, or its representative, to remove the temporary trailers from the property if it is not removed by the applicant as requested or stipulated by the City pursuant to the conditions of approval imposed by the Conditional Use Permit. · I understand that the City of Tustin may dispose of the temporary trailers in a manner acceptable to the City of Tustin. · I understand that this right-of-entry and removal shall apply to all successors in interest in the property or temporary trailers. Sincerely, Srima McQuilan Olson Company Applicant Rematc Management Inc.-Parklane Property Owner ,'PEC-16-2004 06:00PM ,FROM-OLSON COMPANY , DEC-u-znil4 05:DdPM FRIl!KI!.SCIN COMPAIIY +552,429481 +m,42l14S1 T-OT2 P,OI9/0l9 F-51l T-aTO p.810l0U F-sur . &;1( :'X EXHIBIT 2 , .~ , The Olson Company 3020 Old Ranch Parkway, Suite 400 Seal Beach, CA 90740-2751 Phone 562-370-2269 Fax 562--598-9535 DATE: 12/1&12004 ~.~'~,. - -~. .,,.,. . -.,--"--~,?"-' "~.,- ~~. ffi,,;:::.r.!; ..' ,-,.,.,.. ._~ ,"Wil City ofTustin 300 Centennial Way TUMln, CA 92780 To Whom It May Concern: Please take any necessary funds from fr\Isl: scr.:ount _ 50-000-26041926300 to fund il1e $5,000 bend for the sales trailer. Please feel free to reach me If you have any questJons Thank you, ~a.f1I1,c.. ~ ~. Srfma McQuillan Directcr of Development The Olson Company ,....... 'for I '-,,-