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HomeMy WebLinkAboutZAA 11-002 CHIROPRACTOR 694 EL CAMINOZONING ADMINISTRATOR ACTION 11-002 CONDITIONAL USE PERMIT 10-013 694 EL CAMINO REAL 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) 10-013 was filed by Andy Takagi of Alakai Chiropractic Clinic to establish and operate a chiropractic office within EI Camino Plaza located at 694 EI Camino Real. B. That the property has a Central Commercial (C-2) zoning designation, Old Town Commercial General Plan land use designation, and is located within the Town Center Redevelopment Project Area which provide for a variety of commercial and entertainment uses. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. C. That EI Camino Plaza fronts onto EI Camino Real and pursuant to Section 9233c(10) and 9271ee(2) of the Tustin City Code, professional and general offices located on the ground floor, fronting onto Main Street or EI Camino Real and located within the Old Town Commercial General Plan land use designation require approval of a conditional use permit. D. That pursuant to Section 9299b(3)(k) of the Tustin City Code, the Zoning Administrator is authorized to approve, conditionally approve, or deny conditional use permits for professional and general offices which front onto Main Street or EI Camino Real and are located within the Old Town Commercial General Plan land use designation. E. That a public hearing was duly called, noticed, and held for Conditional Use Permit 10-013 on March 7, 2011, by the Zoning Administrator. F. That the establishment, maintenance, or operation of the proposed office use will not, under the circumstances of the use, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City in that: Zoning Administrator Action 11-002 CUP 10-013 Page 2 1) The location of the tenant space is recessed from the street with low visibility and makes it more suitable to a destination office use than general retail use. 2) The small size of the tenant space (600 square feet) does not lend itself well to a retail use which would require storage and display space for products. 3) Chiropractic office uses are similar in operation to service commercial uses which are located throughout EI Camino Plaza. 4) The proposed hours of operation are compatible with other uses within EI Camino Plaza. 5) The proposed office use is located in amulti-tenant retail center and is ancillary but complementary to the remaining mixed uses with respect to type of use, hours of operation, and convenience. 6) The proposed office use is beneficial, complementary, and compatible with surrounding neighborhood and nearby retail establishments. 7) The proposed use has been determined to be in conformance with the City's General Plan, which allows for a variety of retail, professional office, and service-oriented business activities to serve Old Town and surrounding areas, and 8) The center in which the proposed use would be located is within the Town Center Redevelopment Project Area. The City of Tustin Redevelopment Agency has reviewed and approved the proposed use. G. That this project is Categorically Exempt pursuant to Section 15301, Class 1, Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit 10-013 to establish and operate an office located at 694 EI Camino Real which fronts onto EI Camino Real and located within the Old Town Commercial General Plan land use designation subject to the conditions contained within Exhibit A attached hereto. Zoning Administrator Action 11-002 CUP 10-013 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 7th day of March, 2011. lea---~e~ ~, - Dana L. Ogdon ~-~~ ~~~ ZONING ADMINIST OR Flor Williams 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. 11-002 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 7th day of March, 2011. (r ~ - Flor illiams RECORDING SECRETARY EKHIBIT A ZONING ADMINISTRATOR ACTION 11-002 CONDITIONAL USE PERMIT 10-013 CONDITIONS OF APPROVAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 7, 2011, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 All conditions in this Exhibit shall be complied with subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered 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 10-013 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 As a condition of approval of Conditional Use Permit 10-013, 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. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODES (7) PCICC POLICY (4) DESIGN REVIEW *"~ EXCEPTIONS Exhibit A ZA Action 11-002 Page 2 (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE RESTRICTIONS (1) 2.1 At the time of building permit application, the plans shall comply with the latest State and the City of Tustin adopted codes: California Building Code, California Electrical Code, City ordinances, and State and Federal laws and regulations. (1) 2.2 The proposed hallway is required to comply with the width requirements (36" or 48" depending on door hardware) of the California Building Code, Section 113382.4.2. (1) 2.3 Accessibility improvements, such as detectable warnings at the curb ramp, bathrooms and signage may be required to be installed per the California Building Code, Section 1134. FEES (2) 3.1 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 that 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.