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Home My WebLink AboutCUP 09-022TUSTIN Inter-Com DATE: AUGUST 31, 2009 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 09-022 FSUILDING OUR FUTURE HONORING OUR PAST APPLICANT: CAROLYN LOVETT LOVETT DANCE CENTER 5284 ALAMOSA PARK DRIVE OCEANSIDE, CA 92057 PROPERTY GEORGE MESTOVAS OWNER: P.O. BOX 5132 ORANGE, CA 92863 LOCATION: 106 WEST FIRST STREET TUSTIN, CA 92780 GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS ZONING: FIRST STREET SPECIFIC PLAN (FSSP); COMMERCIAL AS PRIMARY ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO OPERATE A BALLET SCHOOL FOR CHILDREN AGES 4 TO 18 YEARS OF AGE RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 09-009, approving Conditional Use Permit (CUP) 09-022. BACKGROUND The site is located in the First Street Specific Plan (FSSP), Commercial as Primary, Zoning District and Planned Community Commercial/Business General Plan Land Use Designation. Ballet studios are similar in operation to martial arts studios, which were Zoning Administrator August 31, 2009 CUP 09-022 Page 2 determined to be conditionally permitted in the FSSP area by Use Determination (UD) 99-003, approved by the adoption of Planning Commission Resolution No. 3703. TCC Section 9299b3(e) authorizes the Zoning Administrator to review applications for minor conditional use permits for existing developments. Site and 5urrocrnding Properties The project site is located at the southwest corner of First Street and EI Camino Real (Attachment A -Location Map). The site is a commercial center consisting of 5,984 square feet in five suites. It is lacated within the Town Center Redevelopment Agency Project Area. Surrounding properties to the east, north, and west are also located in the FSSP area. The properties to the east and north are designated Commercial as Primary and the property to the west is designated Hotel as Primary. The properties to the south are in the Central Commercial with Parking Overlay (C-2 P) Zoning District and are in the Cultural Resources District. w ~ s' st. eject Site) PROJECT DESCRIPTION The project site is a 19,950 square foot lot with a 5,984 square foot building. The building contains five suites, ranging from 1,050 square feet to 1,260 square feet. Currently, three of the suites are occupied with retail uses including a bead store, a frame shop, and a beauty salon. The applicant is requesting authorization to operate a ballet studio in a 1,207 square foot suite that is currently vacant. Zoning Administrator August 31, 2009 CUP 09-022 Page 3 Lovett Dance Center is operated by Carolyn Lovefit and provides ballet instruction to approximately 40 students between the ages of 4 and 18. The studio would operate primarily in the afternoon and evening during the week and on Saturday morning and afternoon. Of the 1,207 square feet in the suite, approximately 900 square feet will be used for dance instruction with the remainder of the space divided among a restroom, a small lounge for the dancers, a front desk, and a parent viewing area. Parking When the property was developed, there was limited parking and a condition was put on the Certificate of Occupancy that a minimum of 2,100 square feet of the center be used as professional, as professional uses require less parking than commercial uses. Since the three occupied suites are retail, the remaining two vacant suites would be restricted to professional use only. Using the parking ratios in place when the site was developed, this suite is allocated 4.02 parking spaces (Attachment D -Building Use and Parking Summary). Under UD 99-003, this type of use requires one (1) space per three (3) participants. Therefore, the ballet studio will be limited to a maximum of twelve (12) participants, including instructors and students, at any one time. FINDINGS In determining whether to approve the Conditional Use Permit 09-022, the Zoning Administrator must determine whether or not the proposed ballet studio will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: 1) Ballet studios are similar to martial arts studios, which are permitted in the FSSP zoning district subject to approval of a conditional use permit. 2) No physical changes to the exterior of the building are proposed in conjunction with this application. 3) As conditioned, sufficient parking for the use is ensured by limiting the maximum number of participants, including instructors and students, at the ballet studio at any given time. 4) As conditioned, the tutoring facility would generally operate consistent and compatible with the hours of operation for other commercial uses in the area. Staff recommends that the Zoning Administrator adopt Zoning Administrator Action No. 09-009, approving Conditional Use Permit 09-022 to establish a ballet studio located at 106 West First Street. Zoning Administrator August 31, 2009 CUP 09-022 Page 4 ~. Cari Meyer Assistant Planner Attachments: A. Location Map B. Land Use Application Fact Sheet C. Submitted Plans D. Building Use and Parking Summary E. Zoning Administrator Action No. 09-009 S:1Cdd1ZAREPORT120091CUP 09-022 (Ballet).doc ATTACHMENT A Location Map i ~~ ~~ :. :,, ,,, .~u,. ~ ,.,.art<n t ~ ~ . i. I -- I , __._._ ~u I _ _._ - ~ . _.I .. _ . ... . ~ ~.. i ~ ~' . ' ~.._~ ..__ I ~ 1 ~ ~ 300' r I / 1. ~' 1 +«. ~... ,_.._ ..... _.__I - __ ~ ............~. -.... I ~ ~ ~ I Ii ~ ~ ,., t ~ M ~ t I ~ _y~ t _ r .. / - i ~ - ... I ~ ~i ~ _._ .. '.. f ~ ~ .~~~ __. i _ ~ .. _ _ _. Sty _~ .J ., I . _._ _. ' /-I / ~ __.~ f~"~1 tci ~ _ ~ .._ ___ i-- `~~ ~~ 500' `~ I ff ATTACHMENT B Land Use Application Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): Conditional Use Permit (CUP) 09-022 2. LOCATION: 106 W 15~ St. 3. LOT: 8 BLOCK: 4 TRACT: 793 4. APN(S): 401-571-01 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: None 6. SURROUNDING LAND USES: NORTH: Heritage Plaza (Retail Center) SOUTH: Offices (Dentist/Engineer) EAST: Wienerschnitzel WEST: Bel Air Motor Hotel 7. SURROUNDING ZONING DESIGNATION: NORTH: First Street Specific Plan (FSSP); Commercial as Primary 50UTH: Central Commercial with Parkin Overla C-2 P EAST: First Street Specific Plan (FSSP); Hotel as Primary WEST: First Street Specific Plan (FSSP); Commercial as Primary 8, SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Planned Community Commercial/Business SOUTH: Old Town Commercial EAST: Planned Communitv Commercial/Business WEST: Planned Community Commercial/Business 9. SITE LAND USE: EXISTING PROPOSED Use: Commercial/Retail Center No Change Zoning: First Street Specific Plan Commercial as Primary No Change General Plan: Planned Communitv Commercial/Business No Change 10. DEVELOPMENT STANDARDS: REQUIRED PROPOSED Parking 1 space/300 square feet or 4.02 spaces/1,207 square feet; 1 spacel3 participants maximum 12 participants 11. This application does not propose any changes to any other development standard, including: building height, setbacks, lot coverage, and landscaping. 12. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.): Town Center Redevelopment Agency Project Area S:\CddlCarilCUP\09-022 (Ballet Studio)1Land Use Application Fact Sheet.Doc ATTACHMENT C Submitted Plans See full size set of plans (Available upon request) ATTACHMENT D Building Use and Parking Summary ~ ~~ _ °° m ~_ • i ~ ~ ~' N t~ ~ a m ~ N O O N ~ ~ ~ Cfl V ~ L Ca a a~-a c~ ~ ~ ~ o Y ~~ ' i c`a 0 ~ a, o o 0 0 0 0 0 0 o o a_ ~ a ~ N M N M N L r r r ~ r 0 ~ ~ '~ ~ Q~ L ~ ~ a ~, ~~ O y o o ~ ~ o ~ Q ~ co N co N 0 N 0 N ~n O m ~ 'Q ~ r r ~ ~- ~} V~+ 0 LL~ r /~ V ~ C.. ~ ~ '~ _ .u _ ~ ~ r m N U N c ~ , Q ~ ~ O U + . (R ~ ~ ~ ~ m ~ Q T C T 1 r ~ ~ ~ ~ O ~ Q~ F ~ Z Q. ~ c , ~ N ~ ~ ~ ~ f ~ = ~ N E ~ c ~ Q ~ ~fA m ~ N j CO ~ m ~ ~ ~' O J co U ~ ~ Q r ~ J C = ~ vi Z ~ ~ N ~ y' .~~+ ' p ~` a n o o a o o ~ ~ Q r ~ r r ~ ~ U ~ U m ~ 'p ~ a s a ATTACHMENT E Zoning Administrator Action No. 09-D09 ZONING ADMINISTRATOR ACTION 09-009 CONDITIONAL USE PERMIT 09-022 106 WEST FIRST STREET The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 09-022 was filed by Carolyn Lovett of Lovett Dance Studio requesting authorization to establish a ballet studio in an existing commercial center at 106 West First Street. B. That the proposed land use is consistent with the Tustin City Code and General Plan. The site is zoned First Street Specific Plan (FSSP), Commercial as Primary. A ballet studio is similar in operation to a martial arts studio, which the Planning Commission determined to be a conditionally permitted use in the FSSP area through Use Determination (UD) 99-003 and the adoption of Planning Commission Resolution No. 3703. The land use is designated by the General Plan as Planned Community CommerciaUBusiness, which allows for a mix of commercial and office uses. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That pursuant to Tustin City Code (TCC) Section 9299b(3)(e), the Zoning Administrator is authorized to consider requests for minor conditional use permits for existing development where there would be no change of occupancy or primary use, no expansion of floor area, and the request does not alter the original intent of the project/site. The proposed project meets all criteria to merit Zoning Administrator review of Conditional Use Permit 09-022. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 09-022 on August 31, 2009, by the Zoning Administrator. E. That the establishment, maintenance, and operation of the proposed use 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 in that: 1) Ballet studios are similar to martial arts studios, which are permitted in the FSSP zoning district subject to approval of a conditional use permit. 2) No physical changes to the exterior of the building are proposed in conjunction with this application. Zoning Administrator Action 09-009 CUP 09-022 August 31, 2009 Page 2 3) As conditioned, sufficient parking fior the use is ensured by limiting the maximum number of participants, including instructors and students, at the ballet studio at any given time. 4) As conditioned, the tutoring facility would generally operate consistent and compatible with the hours of operation for other commercial uses in the area. This project is Categorically Exempt pursuant to Section 15301 (Class 1 - Existing Facilities) of Title 14, Chapter 3 of the Guidelines for the California Environmental Quality Act. II. The Zoning Administrator hereby approves Conditional Use Permit 09-022 granting authorization to establish a ballet studio in an commercial center located at 106 West First Street, subject to conditions attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 31St day of August, 2009. DANA L. OGDON ACTING 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. 09-009 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 31St day of August, 2009. ELOISE HARRIS RECORDING SECRETARY EXHIBIT A CONDITIONAL USE PERMIT 09-022 106 W FIRST STREET CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 31, 2009, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (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 This approval shall become null and void unless the use is established within twelve (12) 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) 1.4 Approval of Conditional Use Permit 09-022 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. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.6 Conditional Use Permit 09-022 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 09-022, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION {6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PClCC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Exhibit A ZA Action 09-009 CUP 09-022 Page 2 (1) 1.7 As a condition of approval of Conditional Use Permit 09-022, 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 the defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE RESTRICTIONS *** 2.1 Based on parking ratios in place when the center was built, the subject tenant suite is allocated 4.02 parking spaces. Using a parking ratio of one (1) parking space per three (3) participants (instructors and students), the number of persons occupying the facility shall be limited to a maximum of twelve (12) at any one time. ~`** 2.2 Hours of operation shall be limited to 3:00 PM to 10:00 PM Monday through Friday and 9:00 AM to 4:00 PM Saturday. The school shall be closed on Sundays. Modifications to the hours of operation may be approved by the Community Development Direcfior if it is determined that no impacts to surrounding tenants or properties will occur. (1) 2.3 Operations of the ballet studio shall comply with the City of Tustin Noise Ordinance (Tustin City Code Section 4611 et seq.). (1) 2.4 No congregation or loitering in the parking area or walkways is allowed in association with the proposed use. (1) 2.5 The subject property shall be maintained in a safe, clean, and sanitary condition at all times. The applicant is responsible for collection of any trash associated with the ballet~studio or its participants. (1) 2.6 No signs or other forms of advertising or attraction may be placed on site without approval from the Community Development Department. Exhibit A ZA Action 09-009 CUP 09-022 Page 3 (1) 2.7 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, 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 of these documents, at no expense to the City within the time schedule stipulated by the City. If said study indicates that there is inadequate parking, the applicant may be required to reduce the demand for parking. PLAN SUBMITTAL (3) 3.1 All walls and partitions over 5'-9" in height shall require a building permit. (1) 3.2 At the time of building permit application, the plans shall comply with the latest State and the City Tustin adopted Codes: 2007 California Building Code (CBC), 2007 California Mechanical Code (CMC), 2007 California Plumbing Codes (CPC), 2007 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2007 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. (1) 3.3 At the time of plan submittal, please include: • Four (4) sets of plans including building, electrical, mechanical, and plumbing plans. • Two sets of structural calculations (when applicable). • Two sets of Title 24 energy calculations for outdoor lighting (when applicable). (1) 3.4 Submitted plans shall include • Exact height of the proposed partitions. • All exterior paths of travel for the disabled, including parking stalls, ramps and other related items. • Restrooms that are fully accessible to the disabled; show all amenities and dimension. • Correct Construction type, occupancy classification and specify applicable code years. (1) 3.5 At the time of building permit application, vehicle parking, primary entrance(s) to the site and building, the primary paths of travel building entrance, cashier space (Receptionist), sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities and shall be shown on the plans. Truncated domes will be required at locations specified in Sections 1133B8.5 and 1127B.5 (7) of the 2007 CBC. Exhibit A ZA Action 09-009 CUP D9-022 Page 4 (1) 3.6 At the time of building permit application, parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. (1) 3.7 During construction, the applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. FEES (1, 5) 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 fifty dollars ($50.00) 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. 4.2 Prior to issuance of any permits, payment shall be made for all applicable fees, including but not limited to, the following: • Building and Planning Plan Check and Permit Fees