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HomeMy WebLinkAboutZA 98-008/TUP 98-020 2 3 4 I. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ZONING ADMINISTRATOR ACTION 98-008 TEMPORARY USE PERMIT AUGUST 31,1998 The Zoning Administrator finds and determines as follows: A. That a proper application for Temporary Use Permit 98-020, has been filed by John Malloy, Inc. on behalf of the property owner for authorization to store construction equipment, materials and vehicles related to a Tustin waterworks project on three vacant lots located at 12567, 12569, and 12571 Newport Avenue until October 20, 1998. B. A public hearing was duly noticed, called and held for said application on August 31, 1998, by the Zoning Administrator. C. That the proposed temporary 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 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 as evidenced by the following: 1) The proposed use is temporary in nature. 2) There is no permanent development associated with the proposed use. 3) The hours of operation are limited to 7:30 a.m. to 4:00 p.m. on the days that City Hall is open and consistent with the City's Noise Ordinance. 4) The proposed use, as conditioned, provides for continuous maintenance of the site and vicinity including clean up and sweeping of the street, sidewalk and the bicycle lane. D. This project has been determined to be a minor temporary use of land and is, therefore, Categorically Exempt (Class 4) pursuant to Section 15304 of the California Environmental Quality Act. 2 ZA-Action 98-008 Page 2 3 II. The Zoning Administrator hereby approves a Temporary Use Permit authorizing storage of construction equipment, materials and vehicles related to a Tustin waterworks project on until October 20, 1998 on three vacant lots located at 12567, 12569, and 12571 Newport Avenue, subject to all conditions contained in Exhibit A, attached hereto. 4 5 6 7 8 PASSED AND ADOPTED at a regular meeting of the Tustin Zoning Administrator, held on the 31st day of August, 1998. 9 10 ~~ Zoning Administrator Designee 11 12 13 14 ~A~~ 15 Recording Secretary 16 17 STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) 18 19 20 I, Kathy Martin, 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. 98-008 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 31st day of August, 1998. 21 22 23 :: ~~~:~1L;1 Recording Secretary 26 27 Zaaction\TUPMalloy 28 29 EXHIBIT A ZA ACTION 98-008 TEMPORARY USE PERMIT CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted application 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. (1) 1.2 Approval of the Temporary use Permit is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.3 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 for this project. USE RESTRICTIONS *** 2.1 Construction vehicles, equipment and materials may be placed at 12567, 12569, and 12571 Newport Avenue from the date of this approval through October 20, 1998. All construction vehicles, equipment and materials shall be located a minimum of 5 feet from the side and rear property lines. Employees parking on-site shall park as far as feasible from the rear and side property lines. *** 2.2 The applicant shall assume full responsibility for any cleanup of the area and repair of any damage to public facilities to restore those facilities and the subject site to the conditions that existed prior to the use of the property, including the previous finish grade. *** 2.3 The applicant shall keep the sidewalk, driveway and bicycle lane free from debris and materials on a continuous basis. Driveway, sidewalk and bicycles lane shall be swept at the end of each business day or more frequently as needed. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEtS (4) DESIGN REVIEW (5) (6) (7) *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A ZA Action 98-008 August31,1998 Page 2 (1 ) 2.4 The noise level of the activities on the subject site shall not exceed the exterior noise standard of 60 dB(A) at any time as specified for commercial properties in Section 4614 of the Tustin City Code. (5) 2.5 All construction operations, including engine warm-up and deliveries of materials and equipment, including arrival of workers, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. *** 2.6 In accordance with Section 9404(a)(1 )(n) which prohibits signs on parked vehicles, no signs or banners shall be attached to the stored trucks. 2.7 The applicant shall be responsible for removal of any and all graffiti on the property or equipment stored on the property within 24 hours of notice from the City of Tustin. 2.8 Construction hours shall be posted on the site including delivery and worker hours. Final details and copy of the sign shall be subject to review and approval of the Building Official prior to installation. 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.