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HomeMy WebLinkAboutZAA 11-006 YOGA STUDIO 139 W. FIRST ST., #EZONING ADMINISTRATOR ACTION 11-006 CONDITIONAL USE PERMIT 2011-10 139 W. FIRST STREET, SUITE E The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2011-10 was filed by Joseph J. Vogt of Purple Yoga requesting authorization to establish a yoga studio in an existing tenant suite at 139 W. First Street, Suite E within Heritage Plaza. B. That the property is zoned First Street Specific Plan (FSSP), Commercial as a primary use and has a land use designation by the General Plan of Planned Community Commercial/Business which provides for a variety of retail and service commercial uses. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That the Planning Commission determined martial arts studios are to be a conditionally permitted use in the FSSP commercial as a primary use area through Use Determination (UD) 99-003 and the adoption of Planning Commission Resolution No. 3703. The Director of Community Development has determined that yoga studios are similar to martial arts studios and would also require approval of a conditional use permit. D. 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. E. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2011-10 on June 27, 2011, by the Zoning Administrator. F. That the establishment, maintenance, and operation of the proposed yoga studio 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 or be injurious or detrimental to the property and improvements in the neighborhood, or to the general welfare of the City of Tustin in that: 1) Yoga studios have been determined by the Community Development Director to be similar to martial arts studios which require approval of a conditional use permit with the commercial as a primary use designation of the First Street Specific Plan. Zoning Administrator Action 11-006 CUP 2011-10 June 27, 2011 Page 2 2) As conditioned, sufficient parking for the use is ensured by limiting the maximum number of participants, including instructors and students, at the yoga studio at any given time. 3) As conditioned, the yoga studio would generally operate consistent and compatible with the hours of operation for other commercial uses in Heritage Plaza and the surrounding area. 4) As conditioned, all activities would occur within the building. G. 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 2011-10 authorizing the establishment and operation of a yoga studio in a 4,104 square foot existing tenant suite located at 139 W. First Street, Suite E in Heritage Plaza, subject to conditions attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 27th day of June, 2011. ^~ t AMY THOMAS ACTING ZONING ADMINISTRATOR ~~ ADRIANNE DILEVA RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ADRIANNE DILEVA, 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. 11-006 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 27th day of June, 2011. ,~~ d~ ADRIANNE DILEVA RECORDING SECRETARY EXHIBIT A CONDITIONAL USE PERMIT 2011-10 139 W FIRST STREET, SUITE E CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped June 27, 2011, 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 2011-10 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 2011-10 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 2011-10, 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 11-006 CUP 2011-10 Page 2 (1) 1.7 As a condition of approval of Conditional Use Permit 2011-10, 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 The maximum number of persons within the facility shall be limited based upon the available 20.5 parking spaces allotted to the tenant space, at a ratio of one (1) parking space per three (3) participants (instructors and students). The yoga studio will be limited to a maximum of sixty-one (61) participants, including instructors and students, at any one time. Any request to increase student and/or instructor numbers shall require the project proponent to provide property owner permission, a parking summary of the center showing surplus parking spaces exist, and shall be subject to the Community Development Director approval. (1) 2.2 All activities shall be conducted entirely within the building and shall comply with the City of Tustin Noise Ordinance. (1) 2.3 The hours of operation may be from 6:00 AM to 10:00 PM daily. Any request for extension to the hours of operation shall be reviewed by the Community Development Director and may be considered if no adverse impacts are anticipated. (1) 2.4 Each class shall be concluded to provide sufficient time for attendees of the prior class to vacate the site prior to arrival of attendees of the next class. Exhibit A ZA Action 11-006 CUP 2011-10 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 2010 Edition State and the City of Tustin adopted codes: California Building Code, California Electrical Code, California Plumbing Code, City Ordinances, and State and federal laws and regulations. FEES (1, 5) 4.1 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.