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HomeMy WebLinkAboutZA Action 09-014ZONING ADMINISTRATOR ACTION 09-014 CONDITIONAL USE PERMIT 09-031 505 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) 09-031 was filed by Ronald S. Adams and Rebekah L. Schneider of The Sanctuary Bookstore and Retreat, requesting authorization to conduct massage, yoga/pilates classes, and book workshops in conjunction with an existing bookstore and retreat center at 505 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. The Community Development Director has determined that massage is a conditionally permitted use in the FSSP zoning district and that instructional uses, such as yoga and workshops, are similar to martial arts studios, which the Planning Commission determined are conditionally permitted in the FSSP area through Use Determination 99-003. The site is designated by the General Plan as Planned Community Commercial/Business, which allows fora 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 09-031. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 09-031 on December 28, 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) 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. Zoning Administrator Action 09-014 CUP 09-031 December 28, 2009 Page 2 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, so 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. 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 adopts Zoning Administrator Action 09-014, approving Conditional Use Permit 09-031 to add massage, yoga/pilates, and book workshops as ancillary uses at an existing bookstore and retreat center at 505 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 28t" day of December, 2009. FL R WILLIAMS RECORDING SECRETARY DANA L. OGDON ACTING ZONING AD ISTRATOR Zoning Administrator Action 09-014 CUP 09-031 December 28, 2009 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, FLOR WILLIAMS, 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. 09-014 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 28th day of December, 2009. FLOR WILLIAMS RECORDING SECRETARY EXHIBIT A -ZONING ADMINISTRATOR ACTION 09-014 CONDITIONAL USE PERMIT 09-031 505 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 December 28, 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 09-031 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 properly 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 09-031 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 09-031, 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. (1) 1.7 As a condition of approval of Conditional Use Permit 09-031, 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 SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Exhibit A ZA Action 09-014 CUP 09-031 Page 2 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 The facility shall remain primarily as a bookstore and retreat center with yoga/pilates, workshops, and massage services offered as ancillary uses. Approved ancillary uses (yoga/pilates, workshops, massage services) may only be provided in the designated areas/suites (as shown on the approved floor plan) and may only occur when the primary bookstore and retreat center is open and when the business owner or manager is on-site. The types of services, number of rooms, or floor plan shall not be modified without written approval of the Community Development Director. (1) 2.2 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. (1) 2.3 The use shall comply with the Tustin City Code and any future ordinances pertaining to massage uses and establishments as adopted by the Tustin City Council. (1) 2.4 Massage services may only occur when the business owner or manager is on- site. Massage services may be offered by appointment only. The type of services, business hours, number of rooms, floor plan, or number of employees performing massage services shall not be modified without written approval of the Community Development Department. *** 2.5 Conditional Use Permit 09-031 shall become null and void if the use is discontinued or abandoned for a period of twelve (12) months. Exhibit A ZA Action 09-014 CUP 09-031 Page 3 (1) 2.6 The customer entrance door shall remain unlocked during business hours. Two (2) exits from the tenant space shall be maintained clear and unobstructed at all times. The room where massage services are performed shall not be equipped with any locking devices on the door(s). (1) 2.7 Prior to providing massage services, the applicant shall obtain a massage operator permit and all technicians shall obtain a massage technician permit, excepting those persons who are certified by the Massage Therapy Organization (MTO). All such permits shall be displayed in a conspicuous public place in the lobby and each massage technician shall wear his/her massage technician permit on his/her person at all times when in the massage establishment. (1) 2.8 No person shall enter, be, or remain in any part of the facility while in the possession of, consuming, or using alcoholic beverages or drugs except as pursuant to a prescription for such drugs. The owner, and/or operator, and/or responsible managing employee, and/or manager, and/or licensees shall not permit any person in violation of this condition to enter or remain upon the premises. (1) 2.9 No sexually oriented business shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (1) 2.10 The applicant, and any subsequent massage operator at this location, shall ensure that any massage establishment, massage operator, or massage technician operating out of this location is in compliance with all local, state and federal regulations, as may be updated over time, for massage establishments, massage operators, and massage technicians. (1) 2.11 The owner, and/or operator, and/or responsible managing employee, and/or manager, and/or licensees of the facility shall cooperate fully with all City officials, law enforcement personnel, and Code Enforcement officers and shall not obstruct or impede their entrance into the licensed premises while in the course of their professional duties. (1) 2.12 A sign permit shall be obtained from the Community Development Department prior to installation of any on-site sign. PLAN SUBMITTAL (3) 3.1 The applicant shall obtain a building permit for all new and/or unpermitted work. (3) 3.2 At the time of building permit application, the plans shall comply with the applicable codes, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. (3) 3.3 Building plan check submittal shall include: • Four (4) sets of plans including building, electrical, mechanical, and Exhibit A ZA Action 09-014 CUP 09-031 Page 4 plumbing plans. • Two sets of structural calculations (when applicable). • Two sets of Title 24 energy calculations for outdoor lighting (when applicable). (3) 3.4 Plans submitted for plan check shall include: • 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. • Existing floorplan/building layout and new floorplan/building layout. Any work previously unpermitted shall be shown on the plans as new. PUBLIC WORKS DEPARTMENT (1) 4.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP) A. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50% of the project waste material. B. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed 5% of the project's valuation. C. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". (1) 4.2 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer. FEES (1,5) 5.1 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. Exhibit A ZA Action 09-014 CUP 09-031 Page 5 (1) 5.2 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