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HomeMy WebLinkAboutZA Action 10-007ZONING 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 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 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 21St day of June, 2010. ~•'1~S.c.s--' ELOISE HAR RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) ~ . .i r ~,,~ .~/ ELIZABETH A. BINSACK ZONING ADMINISTRATOR 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 HARR S 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 CODES (7) PC/CC POLICY (4) DESIGN REVIEW 'k*'t 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 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 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 Code 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, 5J 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.