HomeMy WebLinkAboutZA Action 09-009ZONING 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 Commercial/Business, 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 ~ .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 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.
F. 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.
'~~ ~ d ~~
DANA L. OGDON
ACTING ZONING ADMINISTRATOR
~~~' G~,e
ELOISE HARRIS
RECORDING SECRETARY
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
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 RRIS
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
(Z) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODES (7) PC/CC 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 Director 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 walFs 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
113368.5 and 11276.5 (7) of the 2007 CBC.
Exhibit A
ZA Action 09-009
CUP 09-022
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