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HomeMy WebLinkAboutZA 98-003/CUP 98-005 1 2 ZONING ADMINISTRATOR ACTION 98-003 CONDITIONAL USE PERMIT 98-005 3 The Zoning Administrator of the City of Tustin does hereby resolve 4 as follows: 5 I. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 98- 005, was filed by Edward Koo, requesting authorization to construct an arcade within an existing video store located at 17612 17th Street, Suite #101, Tustin. B. That the proposed use is allowed within the Planned Community Commercial (PC-C) Zoning District, with the approval of a Conditional Use Permit. C. That a public hearing was duly on said application on April Administrator. called, noticed and held 6, 1998 by the Zoning D. That as conditioned, 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 subj ect property, nor to the general welfare of the City of Tustin as evidenced by the following findings: 1) The proposed use, as conditioned, will not be detrimental to the surrounding properties in that the arcade can be accommodated on the subject property with no exterior modifications required. 2) As conditioned, the use will not have a negative impact on the surrounding property owners, or impact the availability of off-street parking in that the parking demand generated by the proposed use is the same as the existing use and is satisfied by the parking provided on site. 3) As conditioned, the use is compatible with the surrounding neighborhood in that the operation of the arcade use will appear and function similarly to the existing permitted retail uses. 4) Conditions related to security, loitering, hours of operation and property maintenance have been included to ensure the well-being of the surrounding property owners, business owners and customers. Zoning Administrator Action 98-003 CUP 98-005 1 April 20, 1998 Page 2 2 3 4 5 6 7 8 9 10 II . 11 12 E. That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, as indicated above. F. As conditioned, the applicant will post a "No Loitering" sign to ensure the well-being of the customers of the video store and surrounding uses of the plaza. G. That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). The Zoning Administrator hereby approves Conditional Use Permit No. 98-005 authorizing the construction of an arcade within an existing video store located at 17612 17th Street, Suite 101, subject to the conditions contained within Exhibit A, attached hereto. 13 14 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 20th day of April, 1998. 15 ~~~ LIZABETH A. B SA Zoning Administrator 16 17 18 19 20 ~~~d~r/ 21 Recording Secretary 22 23 24 25 26 27 28 Zoning Administrator Action 98-003 CUP 98-005 1 April 20, 1998 Page 3 2 STATE OF CALIFORNIA 3 COUNTY OF ORANGE CITY OF TUSTIN 4 I, KATHY MARTIN, the undersigned, hereby certify that I am the 5 Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 98-003 6 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 20th day of April, 1998. 7 8 ~~yY7a~~ 9 K1\: HY TIN Recor ~ng Secretary 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 98-003 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 98-005 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans date stamped April 20, 1998, 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. (1) 1.2 Conditional Use Permit approval shall become null and void unless permits are obtained to construct the proposed arcade within twelve (12) months of the date of this exhibit. Time extensions may be granted by the Community Development Department if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Approval of Conditional Use Permit 98-005 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (4) 1.4 Applicant shall obtain all necessary permits from the Building Division prior to construction of any improvements that require a permit pursuant to the Uniform Building Code and Tustin Municipal Code. (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. *** 1.6 This Conditional Use Permit 98-005 application may be reviewed on a bi-annual basis or more often if necessary, by the Zoning Administrator. The Zoning Administrator shall review the arcade use to ascertain compliance with conditions of approval. If the use is found to be a nuisance or negative impacts are effecting the surrounding neighborhood, the Zoning Administrator shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION Zoning Administrator Action 98-003 CUP 98-005 April 20, 1998 Page 2 USE RESTRICTIONS (5) 2.1 The bottom three feet of the partition wall, separating the arcade room from the video store, can be constructed of opaque material. The remaining area and majority of the partition wall must be constructed of glass, to allow visibility into the arcade room, subject to approval of the Community Development and Police Departments, during plan check. (5) 2.2 A solid partition should be constructed to completely block the adult video area from view, subject to approval of the Community Development and Police Departments during plan check. (5) 2.3 The hours of the arcade shall be limited to 10:00 a.m. to 8:00 p.m. An access door shall be provided into the arcade room, that can be locked at hours stated above, which is earlier than the closing of the video store. The access door shall be subject to approval of the Community Development and Police Departments during plan check. *** 2.4 Supervison of the arcade room shall be conducted by an owner/employee of the video store that is at least 18 years of age, during the hours that the arcade is open. *** 2.5 A bicycle rack shall be front door of the video Community Development check. provided and located on site near the store, subject to the approval of the and Police Departments during plan *** 2.6 The installation of any pay phones located outside the video store is prohibited. The installation of any pay phones located within the store shall be programmed to prohibit incoming calls. *** 2.7 "No loitering" signs shall be posted at the entrance of the video store and arcade room or other locations(s) as requested by the Community Development Department. (1) 2.8 The subject property shall be maintained in a safe, clean and sanitary condition at all times. (1) 2.9 All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structure and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. *** 2.10 If necessary, the applicant shall retain the services of a security guard to provide interior and exterior patrol. Zoning Administrator Action 98-003 CUP 98-005 April 20, 1998 Page 3 FEES (5) 3.1 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 $38.00 (thirty-eight 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. (1) 3.2 Prior to the issuance of any building permits, payment shall be made of all applicable building and Orange County Fire Authority plan check and permit fees to the Community Development Department, based on the most current fee schedule. zaaction\98-003.1al