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HomeMy WebLinkAboutZA Action 12-001ZONING ADMINISTRATOR ACTION 12-001 CONDITIONAL USE PERMIT 2011-20 2872 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) 2011-20 was filed by Terri Dickerhoff of CGR development representing Linda Schmehl of CorePower Yoga requesting authorization to establish a yoga studio in an existing tenant suite at 2872 EI Camino Real in The Market Place shopping center. B. That the property is zoned Planned Community Mixed (PC-MU} in the East Tustin Specific Plan (PC-MU) and has a land use designation by the General Plan of Planned Community Commercial/Business which provides far a variety of retail and service commercial uses including commercial recreation 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 far minor Conditional Use Permits far 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 projectlsite. D. That a public hearing was duly called, noticed, and held far Conditional Use Permit 2011-20 on January 19, 2012, by the Zoning Administrator. E. 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) Commercial recreation facilities including tennis, racquetball, bowling, ice skating, athletic clubs and similar uses are conditionally permitted within the East Tustin Specific Plan and yoga studios are similar to said uses. 2) As conditioned, sufficient parking for the use is provided in that the tenant space is located within The Market Place shopping center and, pursuant to the East Tustin Specific Plan, Regional Commercial Shopping Centers require 1 space per 200 square feet of gross floor area. Therefore, there is no change in the parking requirements from the prior tenant use. Zoning Administrator Action 12-001 CUP 2011-20 January 19, 2012 Page 2 3) As conditioned, the yoga studio would generally operate consistent and compatible to the hours of operation for other commercial uses in The Market Place and the surrounding area. 4) As conditioned, all activities would occur within the building. 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 approves Conditional Use Permit 2011-20 authorizing the establishment and operation of a yoga studio in a 5,486 square foot existing tenant suite located at 2872 EI Camino Real in The Market Place shopping center, subject to conditions attached hereto (Exhibit A). PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 19t" day of January, 2012. °~. DANA L. OGDON, fi~IC~P ZONING ADMINIST TOR ADRIANNE DILEVA RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 1, 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. 12-001 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 19t" day of January, 2012. ADRIANNE DILEVA RECORDING SECRETARY EXHIBIT A CONDITIONAL USE PERMIT 2011-20 2872 EL CAMINO REAL CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 19, 2012, 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 Gity 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 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) 1.5 Conditional Use Permit 2011-20 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director to ascertain compliance with conditions of approval. 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 may 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 andlor limit hours of operation b. Reduce client enrollment. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2} CEQA MITIGATION {6) LANDSCAPING GUIDELINES (3} UNIFORM BUILDING CODEfS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Exhibit A ZA Action 12-001 CUP 2011-20 Page 2 {1) 1.6 As a condition of approval of Conditional Use Permit 2011-20, 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 sale cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.7 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 {1) 2.1 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. 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. {1) 3.2 The fallowing Construction and Demolition Waste Recycling and Reduction Plan (WRRP} requirements shall be submitted: a. The applicant(contractor is required to submit a Waste Recycling and Reduction Plan (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 percent of the project waste material. b. The applicant will be required to submit afifty-dollar ($50.00) application fee and a cash security deposit. Based on the review of the submitted WRRP, the cash deposit will be determined by the Public Works Department in an amount not to exceed five percent 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. Exhibit A ZA Action 12-001 CUP 2011-20 Page 3 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.