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HomeMy WebLinkAboutCUP 10-003TUSTIN JUNE 21, 2010 ZONING ADMINISTRATOR SUBJECT: CONDITIONAL USE PERMIT 10-003 APPLICANT: DOUG AUTENRIETH 1100 IRVINE BOULEVARD, #$81 TUSTIN, CA 92780 PROPERTY GEORGE MESTOVAS OWNER: P.O. BOX 5132 ORANGE, CA 92863 LOCATION: 104 WEST FIRST STREET TUSTIN, CA 92780 Inter-Com GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS ZONING: FIRST STREET SPECIFIC PLAN (FSSP); COMMERCIAL AS A PRIMARY USE ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: TO OPERATE A MARTIAL ARTS STUDIO IN A TENANT SUITE AT AN EXISTING COMMERCIAL CENTER FROM: COMMUNITY DEVELOPMENT DEPARTMENT BUILDING OUR FUTURE HONORING OUR PAST Zoning Administrator June 21, 2010 CUP 10-003 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 10-007, approving Conditional Use Permit (CUP) 10-003. BACKGROUND The project site is located the southwest corner of First Street and EI Camino Real (Attachment A -Location Map). The property is in the First Street Specific Plan (FSSP) - Commercial as a Primary Use zoning district, Planned Community Commercial/Business General Plan Land Use Designation, and Town Center Redevelopment Agency Project Area. Martial arts studios were 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 Surrounding Properties The project site is an approximately 19,950 square foot lot improved with an approximately 6,000 square foot building consisting of five (5) tenant suites, and onsite landscape and parking areas. Other tenants in the center currently include a live scan business, a ballet studio, and a salon. 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 (see Figure 1 -Surrounding Zoning). Zoning Administrator June 21, 2010 CUP 10-003 Page 3 W 1" St, yect Site) PROJECT DESCRIPTION The applicant is requesting authorization to operate a martial arts studio in a 1,207 square foot suite (No. 104) that is currently vacant and was most recently occupied by a frame shop. The applicant and business owner is Doug Autenrieth who has indicated that the studio would accommodate approximately eight (8) students and one instructor per hour. As indicated by the applicant (see Attachment B -Submitted Plans), the proposed business hours are: Monda - Frida 11:00 a.m. - 1:00 .m. and 5:00 .m. - 9:00 .m. Saturda 10:00 a.m. - 12:00 .m. Sunday Closed Proposed Condition 2.5 of ZAA 10-007 states that if the City determines that there is a parking, traffic, or noise problem as a result of the project, the applicant would be required to provide mitigation measures, which may include an adjustment and/or limitation upon the hours of operation. The proposed floor plan (Attachment B) shows a large open studio set up with a training mat, a small office at the rear, two (2) partitioned changing rooms, and a unisex bathroom. The applicant had started construction without obtaining proper building permits, so proposed Condition 3.2 requires the applicant to submit proper plans detailing all new construction and obtain the necessary building permits within thirty Figure 7. Surrounding Zoning Zoning Administrator June 21, 2010 CUP 10-003 Page 4 days and complete all work within 30 days thereafter. As a result of the interior work, the applicant will be required to perform some upgrades to the existing site and building to increase handicap accessibility. Center Parking When the property was developed as a commercial center in the 1970s, there was limited parking provided on-site 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. This method of regulating allowable uses on the site based upon parking supply through a Certificate of Occupancy is inappropriate and is no longer utilized. In 1985, the City adapted the First Street Specific Plan which identifies this property as "Commercial as Primary Use" land use designation which is consistent with the commercial uses of the property. Section III.C.10. of the First Street Specific Plan allows anon-conforming structure which exists at the effective date of the adoption of the Specific Plan to continue, provided that it is not enlarged or altered in a way which increases its non-conformity. Since the property was originally developed with a substandard on-site parking supply but has not been enlarged or expanded, it is considered continuation of anon-conforming use. The Building Official has issued a replacement Certificate of Occupancy which eliminates the use stipulations. In conjunction with the proposed use, the applicant and/or property owner have completed some tenant improvements to the suite which may include construction of partition walls and electrical work. The proper permits were not obtained prior to undertaking the work, so the applicant, property owner, and City Building Division are working together at this point to ensure that necessary permits are obtained and inspections conducted. Some degree of handicap accessibility upgrades may be triggered as a result of the tenant improvements. Pursuant to the California Building Code {CBC), the handicap parking and accessibility in front of the building may need to be upgraded, which would likely involve the restriping of a few parking stalls to accommodate avan-accessible parking space and adjacent loading zone. This would likely result in the loss of one (1) existing standard parking stall, bringing the total parking supply to 24 spaces. Pursuant to Tustin City Code Section 9264c, "When required solely as a need to upgrade existing parking facilities to comply with Title 24, Title III and California Code of Regulations (CCR), or other California Access Codes or requirements, the total number of required parking spaces may be reduced at the discretion of the Community Development Director." The Community Development Director has reviewed and approved the need for loss of parking due to accessibility upgrades. However, the loss of spaces for accessibility upgrades is not intended to penalize or unduly limit current, proposed, or future tenants; the required parking ratio shall continue to be calculated based on the amount of building square footage and onsite parking provided at the time of original development, which amounts to one (1) space per 240 square feet. Zoning Administrator June 21, 2010 CUP 10-003 Page 5 Proposed Use Parking The center has a total of 5,928 square feet and was developed with 25 parking spaces. Using the current building square footages and the approved number of parking spaces at the time when the center was constructed, the subject tenant suite (1200 square feet) is allotted five (5) parking spaces. Under UD 99-003, the off-street parking requirement for a martial arts use is one (1) space per three (3) participants. Therefore, the proposed martial arts studio will be limited to a maximum of fifteen (15) participants, including instructors and students, at any one time. FINDINGS In determining whether to approve the Conditional Use Permit, the Zoning Administrator must determine whether or not the proposed martial arts 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) Martial arts studios are permitted in the FSSP zoning district subject to approval of a conditional use permit. 2) As conditioned, any construction and/or physical changes will be reviewed by the Community Development Department at the time of building permit plan check. 3) As conditioned, sufficient parking for the use is ensured by limiting the maximum number of participants, including instructors and students, at the martial arts studio at any given time. 4) As conditioned, the martial arts 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. 10-007, approving Conditional Use Permit 10-003 to establish a martial arts studio in a tenant suite located in an existing commercial center at 104 West First Street. Reina Kapadia Associate Planner Attachments: A. Location Map B. Submitted Plans C. Building Use and Parking Summary D. Zoning Administrator Action No. 10-007 ATTACHMENT A LOCATION MAP Q ~~, a ATTACHMENT B SUBMITTED PLANS i I i I~ [1 Cr` ~ll~ d a r _ .._ _ i i i ii I, i I ~ I i I i I I I f~ i ~ j Y1 ~~ ~ ~ U ~ r ~ 7 i ,~ 0 1 _ _ --- i i I • j I i ~ i i i f /~1 ,,// /!~/ I ~~ ~ ~ ~ - - i ' i i i i i _ _ - - i I - i i -- -' - - -- - _ .. ~~~~ I~ - nin _ A ~C1 ~P_~'Z. ,~ ~ eft ~~ ~ ~ .o! ~ l ~-" ~~r ~~ ~ ~~~ -- ' ~=;~ ~' /,q rvf ~-~~fi ~ ..~ ~,~ !~ ___ / ~ 1 .~ ` (~X ! r ~ ~ i~ ¢~.,~T U f~/ ~ 2!r 7~"~' ~ / ~+'~ ~i ;~ rrG~ C ~ U~/ ~7 ~I Gt ~' A FULL-SIZE COPY OF THE SUBMITTED SITE PLAN IS ON FILE AND AVAILABLE FOR VIEW AT THE COMMUNITY DEVELOPMENT DEPARTMENT, 300 CENTENNIAL WAY, TUSTIN CA 92780 ATTACHMENT C BUILDING USE AND PARKING SUMMARY .a ~f~ ~ ~ ~ N ~ i ;y 2 t ~3 a ~. a ~ rn N N N O C? ~ ~ O ~ N ~ ~n ~n ,ri ~ d' O ~ ~ Y L a M _ ~ N O ~[ 'a L .~ LY. o 0 0 0 o n- O ~) N N N N N r ~' ^ Y r r T r r Q LL r cs R LL d' ~ Q ~ L O N O O ti ~ O ~ O= O O O O ~ m ~ N N N N O ~ ~ r ~- ~- ~ ~ ~ O O ~ 'Ln V y ~ ~ (/~ O O L ~ ~ ~ C ~ ~ U ~ r m ~ ~ C O C O Q ~ U U (d p~ Q1 > ~ > .,`-, O m ~ ~ C C ~ O o y ~ o c 0 .N CC G ~ O ~ ~ ~ ~ ~ N p U~ N to ~ ~ C N U V Q C6 C r ~ ~ O ~ ^ Q ~~ U ~ ~ ~ b' _ m ~ ~ O J U ~ LL r ~ J C ~ ~ N Z Q ~ ~ ~ ~ ~ N F- ~ ~ ~ ~ O N d' O ~ ~ ~ (/) ~ ~ O O O O O ~ U d ~ - Y ~ L U " ` ~ ma a Q m w N }; o ~ L U d' O C 07 ~ ~ cp') U ~ n. ~ (~ •U O C_ .--~ ~O) ~ Y .o a ~ p ~ L Q? O 7 ~ ~ a ~ ~ vi N ` ~ N (6 N C O) ~ ~ o a ~ a~ c~ N ~ ~- °~ ~ ~ ~ ~ ~ m n. p -oo v ~ ~ ~> N ~ ~ O (~ C O ~ ~ O O 'a C ~ p ~ O ~ ~ (6 ~ Y N O ~ ~ Q "'' N Y 'p C `~ CQ ~ ~. O N ~ ~ C -O fU N 'D ~ C 7 O~ ~ N ~ Q C ++ ~ ~~ ~ .~ N ~ ^ O C "- N vi L ~ ~ N - U N N U C6 C Q O Q ~ ~ N (b O ;~ (Q O ~ C ~U -O O ~ ~ ~ ~ C° o a a~ o m O ~ ~ n 0 ;_, ~ O O_ N ~q O C (If O ~ U Q cN6 o ~ -c N 1 t6 U `O C 7 Q cn O U O ~ Cd ~ C N ~ ~ O O ~ ^ l6 ~~ ~~ cQ- N N Q~ O O O L O N ~ L ~ ~ ~ ~ ~ E ~ L a~oi ~ ~ o ~ ~ ms ~r~ N ~ C6''"' CO ~ 7 ~ O ~ Q ~ .~. ~ O O O ~ N ~ Q~ ~ a N ~ U Q cn ~i ~ cn a~ N m ~ ¢ ~ ~ cn ATTACHMENT D ZONING ADMINISTRATOR ACTION NO. 10-007 ZONING ADMINISTRATOR ACTION 10-007 CONDITIONAL USE PERMIT 10-003 104 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) 10-003 was filed by Doug Autenrieth requesting authorization to establish a martial arts studio in an existing tenant suite at 104 West First Street, located in the commercial center at the southwest corner of First Street and EI Camino Real, which is addressed 100-108 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 Planning Commission determined martial arts 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 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 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 10-003. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 10-003 on June 21, 2010, by the Zoning Administrator. E. That the original Certificate of Occupancy issued for the subject property, dated March 25, 1977, stipulated that no less than 2,100 square feet of two shops to be professional uses and the rest of the center to be commercial. That this method of limiting certain allowable uses based upon parking supply upon a Certificate of Occupancy has been determined to be difficult, ineffective, and inappropriate. That the Building Official issued a revised Certificate of Occupancy on May 25, 2010, removing such stipulations on the allowable uses. F. That the property was originally developed with 6,000 square feet of building area and 25 on-site parking stalls, resulting in an effective parking ratio of one (1) space per 240 square feet of floor area. That, as such, proposed and future uses in the center shall not be penalized and/or unduly limited based on a legal non-conforming parking supply, so one (1) space per 240 square feet of floor area shall be the parking ratio applied Zoning Administrator Action 10-007 CUP 10-003 June 21, 2010 Page 2 to proposed and future uses in the center. That the allowable uses shall be those allowed in the First Street Specific Plan, Commercial as a Primary Use designation, which is the current zoning of the subject property. G. That pursuant to Section 9264c, when required solely as a need to upgrade existing parking facilities to comply with the provisions of the Americans with Disabilities Act (ADA), the total number of required parking spaces may be reduced at the discretion of the Community Development Director. That as a result of the tenant improvement for the subject suite, the property will need to be upgraded which will involve the restriping of a few parking stalls to accommodate avan-accessible handicap parking space and adjacent loading zone, resulting in the loss of one (1) existing standard parking stall and bringing the total parking supply to 24 spaces. That the Community Development Director has reviewed and approved this need for loss of parking due to required accessibility upgrades. H. 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) Martial arts studios are permitted in the FSSP zoning district subject to approval of a conditional use permit. 2) As conditioned, any construction and/or physical changes shall be reviewed by the Community Development Department at the time of building permit plan check. 3) As conditioned, sufficient parking for the use is ensured by limiting the maximum number of participants, including instructors and students, at the martial arts studio at any given time. 4) As conditioned, the martial arts facility would generally operate consistent and compatible with the hours of operation for other commercial uses in the area, H. 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 10-003 granting authorization to establish a martial arts studio in a tenant suite located in Zoning Administrator Action 10-007 CUP 10-003 June 21, 2010 Page 3 an existing commercial center located at 104 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 215f day of June, 2010. ELIZABETH A. BINSACK 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. 10-007 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 21st day of June, 2010. ELOISE HARRIS RECORDING SECRETARY EXHIBIT A CONDITIONAL USE PERMIT 10-003 104 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 June 21, 2010, 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 10-003 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 10-003 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 10-003, 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) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Exhibit A ZA Action 10-007 CUP 10-003 Page 2 (1) 1.7 As a condition of approval of Conditional Use Permit 10-003, 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 Gity, 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 the amount of building square footage (6,000 square feet) and on- site parking provided (25 spaces) at the time of original development, the subject property shall be subject to a parking ratio of one (1) space per 240 square feet of floor area. At 1,200 square feet, the subject suite (No. 104) is allocated five (5) 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 fifteen (15) at any one time. (1) 2.2 Operations of the martial arts studio shall comply with the City of Tustin Noise Ordinance (Tustin City Cade Section 4611 et seq.). (1) 2.3 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 martial arts studio or its participants on a daily basis, or more often if needed. (1) 2.4 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 10-007 CUP 10-003 Page 3 (1) 2.5 If in the future the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director may require the applicant to prepare a parking demand analysis, traffic study, or noise analysis for which the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a. Adjust and/or limit hours of operation. b. Reduce client enrollment. PLAN SUBMITTAL (3) 3.1 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. (1) 3.2 Plans submitted with the conditional use permit application indicating existing interior partitions do not represent the actual field condition. Accurate, detailed plans must be submitted for building permits to the Building Division detailing all new construction. All building permits related to the subject project must be issued within thirty (30) days of project approval, and all construction must be completed no more than thirty (30) days following building permit issuance. {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 Existing site including parking, ramps, truncated domes, signage and primary building entrance shall be made accessible as specified in Chapter 11 B of the California Building Code. The applicant shall submit revised plans demonstrating compliance. FEES (1) 4.1 Prior to issuance of any permits, the applicant shall pay all applicable Building plan check and license permit fees to the Community Development Department. Exhibit A ZA Action 10-007 CUP 10-003 Page 4 (1, 5) 4.2 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.