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HomeMy WebLinkAboutZA 98-006/VAR 98-002 2 J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ZONING ADMINISTRATOR ACTION 98-006 VARIANCE 98-002 The Zoning Administrator of the City of Tustin does hereby resolve as follows: 1. The Zoning Administrator finds and determines as follows: A. 18 19 20 21 22 23 24 25 26 27 28 29 That a proper application for Variance 98-006 was filed by Tom Fitterer requesting to reduce the required parking from nineteen (19) parking spaces to sixteen (16) spaces to accommodate 2, 250 square feet of retail space in an office building located at 18410 Irvine Boulevard. B. That a public hearing was duly called, noticed and held on said application on July 20,1998 by the Zoning Administrator. C. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications in that: There are special circumstances, with respect to the size and shape of the project site that limit increasing the parking area of the site. The subject site is located at a comer of an angular intersection, resulting in an irregular lot configuration. In addition, the building is situated in a way that limits access to the southern comer of the site where open space is available. There are sufficient open parking spaces to accommodate the proposed uses on the site. D. That any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated. The granting of this Variance would not constitute a special privilege. The site is zoned C-1 which allows retail use including the salon services that the applicant is proposing. The parking provided will be sufficient to serve the uses intended and potential future uses of the site. Conditions of approval have been incorporated herein to mitigate and. reduce the demand if the demand exceeds the capacity. 2 Zoning Administrator Action 98-006 V mance 98-002 Page 2 3 4 E. 5 6 7 F. 8 That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class I). That 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. The Zoning Administrator hereby approves V mance 98-002 allowing a reduction in the required parking from 19 spaces to 16 spaces to accommodate 2,250 square feet of retail space located at 18410 Irvine Boulevard, subject to the conditions contained within Exhibit A, attached hereto. 9 10 G. 11 12 II. 13 14 15 16 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 20th day of July, 1998. 17 18 19 20 21 22 2) (~~6-Z<1) Kathy in Recording Secretary 24 25 26 27 28 29 ~e~73u~ lizabeth A. Binsa'ck Zoning Administrator 2 STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) 3 4 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. 98-006 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 20th day of July, 1998. ~?1~ad;1 I KAT ARTIN Recording Secretary 5 6 7 8 9 to II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 (I) (I) (I) EXHIBIT A ZONING ADMINISTRATOR ACTION 98-006 CONDITIONS OF APPROVAL VARIANCE 98-002 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped July 20, 1998 on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. 1.3 The subject approval shall become null and void and legal enforcement action shall be immediately initiated unless the following performance schedule to implement the proposed project is adhered to: A. All required construction level drawings required to implement the project, including but not limited to, site and tenant improvements, shall be submitted to the Community Development Department within 30 days of the date of this Action. B. Any and all necessary corrections needed to the submitted construction level plans shall be resubmitted to the Community Development Department within 15 days of being notified by the City that corrections are ready to be picked up. C. All construction permits shall be obtained from the City within 15 days of being notified by the City that the plans are ready for permit issuance. D. All construction shall be completed within three (3) months of permit issuance. SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION (5) CEQA MITIGATION (6) UNIFORM BUILDING CODE/S (7) DESIGN REVIEW *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A Zoning Administrator Action 98-006 Page 2 of3 1) (1) 1.4 Approval of V AR 98-002 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. Said form shall be submitted no later than July 27, 1998 at 5:00 p.m. 1.5 The applicant and property owner shall hold harmless and defend the City of Tustin from al1 claims and liabilities arising out of a chal1enge of the City's approval of this proj ect. USE RESTRICTIONS *** 2.1 *** 2.2 *** 2.3 BUILDING (I) 3.1 Approval of Variance 98-002 is limited to the establishment of a maximum 2,250 square feet for a salon use only. Any change of use to different retail or commercial service use shall require approval of a new variance. Tenant spaces except the areas used for the salon are limited to office use only. If, at any time in the future, the City is made aware and concurs that a parking problem exists at the subject site as a result of insufficient on-site parking availability, then the Community Development and Public Works Departments may require the property owner to submit a parking demand analysis prepared by a California licensed traffic engineer and/or a civil engineer experienced in preparation ofthese documents, at no expense to the City, within the time schedule stipulated by the City. If said study indicates that there is inadequate parking or additional mitigation measures to be reviewed and approved by the Community Development and Public Works Departments. Said mitigation may include, but not to be limited to, the following: a. Reduce the demand for parking. b. Provide additional parking as needed, up to minimum number required for the uses consistent with the Zoning Code standards, by purchase and/or lease of property within 500 feet of the property or provision of the needed parking on site. The securing of off-site parking would require approval by the Community Development Director. Failure to adequately respond to such a request and to implement mitigation measures within the time limit schedules established, shall be grounds for initiation of revocation procedures for Variance 98-002. When submitting for a building permit, subrnit three sets of plans, two sets of structural calculations. Site plan, electrical, mechanical and plumbing plans shal1 be included. Compliance with approved plans shall be inspected by the Community Development Department during construction and prior to final inspection. Exhibit A Zoning Administrator Action 98-006 Page 3 00 (5) 3.2 (5) 3.3 (5) 3.4 (5) 3.5 (5) 3.6 FEES (5) 4.1 As a result of change of occupancy from the original use, the applicant is subject to upgrading the disabled accessibility requirement. An alteration defined in Title 24 California Administrative Code (CAe), is subject to providing van parking, signage and eight feet unloading zone. To comply with Title 24 Section 11 03B.l exception 2.2 equivalent services must be provided by the salon on both floors including equal equipment and facilities (toilets, wash basins, etc.). All required building permits shall be obtained for alterations and tenant improvements including the sinks that were installed without a permit and any future improvements that may occur as a result of salon use of the building. According to Uniform Building Section 1003.1, second stories with an occupant load of 10 or more shall provide two exits. The applicant shall either provide a second exit and staircase or limit the occupant load of the second floor to maximum nine (9) persons. A detailed second floor plan shall be submitted indicating all working stations to determine the occupant load. At the time of building permit application, all plans shall comply with the 1994 Uniform Building Code, other related codes, City Ordinances, and State and Federal laws and regulations. Prior to issuance of any permits, the applicant shall pay the following fees. Payment will be required based upon the rate in effect at the time of permit issuance and are subj ect to change. a. All applicable Building plan check and permit fees to the Community Development Department. b. Within forty-eight (48) hours ofproject approval, 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. Ifwithin 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.