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Home My WebLink AboutCUP 09-031TUSTIN ~~ ~~ ~ r, . ~.:~ Inter-Com `.~..,, ~ ~~ DATE: DECEMBER 28, 2009 "" ~- ~`"~:~N t. ~~ ~~ TO: ZONING ADMINISTRATOR ~ ~ ~~ FROM: COMMUNITY DEVELOPMENT DEPARTMENT BUILDING ovRFvTUae HONORING OUR PAST SUBJECT: CONDITIONAL USE PERMIT 09-031 APPLICANT: RONALD S. ADAMS AND REBEKAH L. SCHNEIDER THE SANCTUARY BOOKSTORE AND RETREAT 505 WEST FIRST STREET TUSTIN, CA 92780 PROPERTY CARL L. & MOZELLE E. WOOD FAMILY LIMITED PARTNERSHIP OWNER: 1821 E FOURTH STREET PORT ANGELES, WA 98362 LOCATION: 505 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 CONDUCT MASSAGE, YOGA/PILATES CLASSES, AND BOOK WORKSHOPS IN CONJUNCTION WITH AN EXISTING BOOKSTORE AND RETREAT CENTER RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 09-014, approving Conditional Use Permit (CUP) 09-031. 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 Zoning Administrator December 28, 2009 CUP 09-031 Page 2 Designation. The Community Development Director has determined that massage is a conditionally permitted use in the FSSP area and instructional uses, such as yoga and book workshops, are similar to martial arts studios which were determined by the Planning Commission to be conditionally permitted in the FSSP area through Use Determination (UD) 99-003. TCC Section 9299b3(e) authorizes the Zoning Administrator to review applications for minor conditional use permits for existing developments where there would be no change in occupancy or primary use. Site and Surrounding Properties The project site is located on the northern side of First Street between Mountain View Drive and Yorba Street (Figure 1 and Attachment A -Location Map). The project site contains one 2,060 square foot commercial building. The project site and the property to the east (501 W 1St Street) are held as one property through a covenant recorded on the property and share a parking lot. Surrounding properties to the east, south, and west are also located in the FSSP area. The properties to the west and south are designated Commercial as Primary and the property to the east (across Mountain View Drive) is designated Office as Primary. The property to the north are in the Multiple Family Residential (R-3) Zoning District. £ #'g R 3 ~ ~. Speclflc Plan 9 ~~ ~~ ~ ~ a ~ ~ °`} ~ ~ ~~ ' a ,,, p~_ Yo ba Si~eet b ,;~ '' ~ ~ r n ~ `Yr _~~ ""* ~ ~; ~ ,, ..,x r a.~,. gt °- b S a ,f, tSJP--C'ommercla! rt FSSP~or,~mercla~ ~ L ~3~a FSSP~ffice "~"~--z, - ', r, 'P.~ ~ ._ap i `i ; t ° Project Si6e: '~~, j ~ ~ '. ~'' ~~ `y ~~~ The Sanctuary ~~. ,, ~~ ~ _~~ .. °, ~ ~ , ~~ ~ Bookstore and ~~.~,..> ~ ,~ ~' ..~ ~ ~ R®tr'eat h ...... .. _ ... ai- ~x., .. ~ .F ~.. ~ _ M ..._ ,. a (.r..4 ,: '"~'.;j.H rSSP--Co»v~7e~.. a, ,t ~ . ~. : ~ i ~_ ~ °~;n~~. _ ~ 3f s ~ r } r~. v . ~ :;,f.. L~ 'ia:A,w .1 i ~ .. ~ , ~~+ ~;,`, ~r1n! ,. "'r,~,~rY-'~^: a` ~ ~ ~ .F ~ - -. Zoning Map '~ _~ ~ F ~ ' Figure 1: Location Map Zoning Administrator December 28, 2009 CUP 09-031 Page 3 PROJECT DESCRIPTION The project site at 505 W 1St Street is a 6,334 square foot lot with a 2,060 square foot building. The neighboring lot at 501 W 1St Street is an 8,108 square foot lot with a 1,568 square foot building. Together, the two properties comprise 14,442 square feet with two buildings totaling 3,628 square feet. Currently, the applicants are operating a bookstore and a retreat center offering services such as life coaching and a quiet room out of the building at 505 W 1St Street. The Sanctuary Bookstore and Retreat is co-owned and operated by Ronald S. Adams and Rebekah ~. Schneider and is proposing to add yoga/pilates classes, book workshops, and massage as ancillary uses. Of the 2,060 square feet in the building, approximately 206 square feet will be used for massage (2 rooms) and 275 square feet will be used for yoga/pilates classes and book workshops (Figure 2 and Attachment C - Submitted Plans). The areas proposed to be used for massage and classes are highlighted in Figure 2. ~_~ Ts~ _... _....,_~~._ _.._~_ ~.__ _;.,~_,.._ ,. ~~ ... ~.._... _ _.. , a _, _ ~- .s '\, ~ ~ ~_ ~ ~ . _ -- K 4r , ~~ t .i fir: - k i~.u '~:'~s+yS ~~. ga.. Y ~' ~ ! l Y I V.N - I_ .'~ J {~ f Ir ~ i i tl 1T 6~ 4 ~. 5 ~ ~ ~~ ~~~-{ Fcrw ~~ pia.. ~ ~ °~>" T icAa ., i' ~ i i ~~~ ~ ~.~ 4-~-3 I ~ p i~ .- .rrr • a~ ' ~ P•~lfaGt ~~ t".r~i. F«eri( f ti..r , ~ ~ ~Y.,:fi.. F »-«... 2 ,~ ~ _ fcr.cr5 sit ra wt~. _. RS'~+evtY'tr j ~ aw riu ~,rn y;.,.y ~ t'ysy..r. ~~ r~r•.a 7.rxao . ~ .~. ~...,,. _ t . +~..,~. n.,.i Gtn., «Myu, r.... ~Gt ~~tts+R. W..~ia.tS. Figure 2: Submitted Floorplan The addition of instructional uses and massage as ancillary uses at an existing bookstore and retreat center with life coaching service and a quiet room is minor in that it is for an existing development and will not alter the occupancy, primary use, or original intent of the site. Therefore, this application may be considered by the Zoning Zoning Administrator December 28, 2009 CUP 09-031 Page 4 Administrator. In order to ensure that the proposed instructional and massage uses remain ancillary, proposed condition 2.1 limits them to the specific areas designated on the submitted floor plans. Any expansion beyond the designated areas would require review and approval by the Community Development Director. On August 4, 2009, the City Council adopted Ordinance No. 1368, an emergency interim ordinance related to massage uses in the City of Tustin. This Ordinance was valid for forty-five (45) days, then extended for an additional ten (10) months and fifteen (15) days. At that time, the City may adopt new regulations related to massage. As proposed and conditioned, this use would be required to adhere to current massage regulations under the Interim Ordinance and any future ordinances as adopted by the City Council. Parking The parking lot behind the buildings is shared by The Sanctuary and Salon Montage. On January 22, 1996, an easement for reciprocal parking and access between the two properties was recorded as required by the City to qualify for a parking reduction bonus. The easement holds both parcels as one parcel and restricts independent sale of the two parcels. Subsequently on March 11, 1996, a site plan for re-striping and installation of the accessible parking stalls was approved. The site plan was approved with a 20 percent parking reduction from 18.7 spaces to fifteen (15) spaces. The First Street Specific Plan (FSSP) requires 1 parking space for each 225 square feet of service commercial uses. Salon Montage is a 1,568 square feet service commercial use and requires 6.96 parking spaces. The Sanctuary bookstore and retreat center provides service commercial as well in that patrons could buy books, obtain life coaching, use quite room for meditation, perform yoga and obtain massage services. The addition of the massage and yoga uses as ancillary to the primary use of a sanctuary/retreat center and bookstore would not require additional parking. Accordingly, using the service commercial parking ratio as prescribed in the FSSP, the Sanctuary would be required to provide 9.1 parking spaces. As a result, a total of 16.06 parking spaces would need to be provided for both the salon and the retreat uses. Since the new required parking spaces are within the parking reduction bonus granted for the properties, no additional spaces would be required. If, in the future, the City determines that parking is a problem at this site, proposed Condition 2.2 allows the Community Development Director to require a parking study or additional parking. FINI~INC~4 In determining whether to approve the Conditional Use Permit 09-031, the Zoning Administrator must determine whether or not the proposed an ancillary massage/instructional use 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 Zoning Administrator December 28, 2009 CUP 09-031 Page 5 welfare of the City. A decision to approve this request may be supported by the following findings: 1) The Community Development Director has determined that massage is a conditionally permitted use in the FSSP zoning district and instructional uses are similar to martial arts studios, which were determined by the Planning Commission to be a conditionally permitted use in the FSSP zoning district. 2) The proposed project may be considered by the Zoning Administrator as it is minor in that it is for an existing development and there will be no change of occupancy or primary use, no expansion of floor area, and will not alter the original intent of the site. 3) The proposed use would be required to comply with the regulations for massage establishments, massage operators, and massage technicians as set forth in Interim Urgency Ordinance No. 1368, adopted on August 4, 2009, and future ordinances related to massage establishments and services as adopted by the Tustin City Council. 4) No physical changes to the exterior of the building are proposed in conjunction with this application. 5) There is no change to the primary use of the building, therefore no additional parking will be required. 6) As conditioned, the bookstore and retreat would generally operate consistent and compatible with the hours of operation for other commercial uses in the area. Based on these findings, staff recommends that the Zoning Administrator adopt Zoning Administrator Action No. 09-014, approving Conditional Use Permit 09-031 to conduct massage, yoga/pilates classes, and book workshops at an existing bookstore located at 505 West First Street. ~~~~~~~ ~ i Meyer U' Assistant Planner Attachments: A. Location Map B. Land Use Application Fact Sheet C. Submitted Plans D. Zoning Administrator Action No. 09-014 S:1Cdd\ZAREPORT12009\CUP 09-031 (Massage and Yoga).doc ATTACHMENT Location Map f i l' I' ATTACHMENT 2 Land Use Application Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): Conditional Use Permit (CUP) 09-031 2. LOCATION: 505 W 1St St. 3. LOT: 3 BLOCK: A TRACT: 396 4. APN(S): 401-521-13 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: None 6. SURROUNDING LAND USES: NORTH: Single Family Residential SOUTH: Offices (Consolidated Reprographics EAST: Salon Montage WEST: Residential 7. SURROUNDING ZONING DESIGNATION: NORTH: Multiple Family Residential (R-3) SOUTH: First Street Specific Plan (FSSP); Commercial as Primary EAST: First Street Specific Plan (FSSP); Commercial as Primary WEST: First Street Specific Plan (FSSP); Commercial as Primary 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: High Density Residential SOUTH: Planned Community Commercial/Business EAST: Planned Community Commercial/Business WEST: Planned Community Commercial/Business 9. SITE LAND USE: EXISTING PROPOSED Use: Retail Commercial (Bookstore) with ancillary No Change service commercial uses Zoning: First Street Specific Plan, Commercial as Primary No Change General Plan: Planned Community Commercial/Business No Change 10. DEVELOPMENT STANDARDS: Parking REQUIRED 1 space/225 square feet or 1 space/3 participants PROPOSED 9 spaces/2,060 square feet; maximum 27 occupants 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.): This property to be held as one with property at 501 W 1St Street (APN 401-521- 14), as per Instrument No. 96-135391, recorded on March 20, 1996. S:\Cdd\Cari\CUP\09-031 (Bookstore & Retreat)\Land Use Application Fact Sheet.Doc ATTACHMENT Submitted Plans r '~ ~~,: '~'~ ~~~~ gP~~ax~M~'E I l~ I,~ ~ ~ --- . ~~5~ ~ ~~ ~ n q w ~ ~ n O ro w ~ ~ I '~~ sn an -wsree uceswn.[ ~' ramwe ~ s~w~ f vxn~m[ts..~ ~' Pq %I Pp I i I VIN615iRRRW - - i ~~ ~ '~ ~ P6 I J i __ ~u~ ~ '''~ SALON i 1 ~---~----~ ~'~ MOP~TAGE '', ~~ W I~ I ~ THE '~ 1 ' _ -- --' I L-~ -- ~axne ~.nux_ _ ~Ensrae v~uc wix~ ~I~~~ S~R~~ 1 .-~ SITE PLAN ~A~ ---- ~ ~ fll PI I ' I I f I i ~ d~~r ~~ ~ i !~ ,~ \ ~~ ~~ , ~ x. u t~ aL4i ~ P }" ;: ~~ R, - I 1_U p^~ 1 -~ w z }- ~C~ L 2 QgT Z~~~N oa>~~ Zy~~ N~NN~ Ll. ~ r z ?' }w r Q'Wa~o Q' n N h ~ (~j~~a Za~~ a~LL~ WZo; T NF i Q Hw r 009- 0 aensioNS: GATE: SEPTEM6ER ?8, ?CYA SHEET NO. S 1~0