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HomeMy WebLinkAboutCUP 2011-20AGENDA REPORT MEETING DATE: JANUARY 19, 2012 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2011-20 APPLICANT: LINDA SCHMEHL COREPOWER YOGA 3901 WEST 32ND AVENUE DENVER, CO 80212 CONSULTANT: TERRI DICKERHOFF CGR DEVELOPMENT 1120 MANZANITA STREET LOS ANGELES, CA 90029 PROPERTY OWNER: IRVINE COMPANY 100 INNOVATION IRVINE, CA 92617, LOCATION: 2872 EL CAMINO REAL, TUSTIN GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS ZONING: PLANNED COMMUNITY MIXED USE OF THE EAST TUSTIN SPECIFIC PLAN ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO ESTABLISH AND OPERATE A YOGA STUDIO WITH ACCESSORY RETAIL USE WITHIN AN EXISTING TENANT SPACE AT 2872 EL CAMINO REAL IN THE MARKET PLACE SHOPPING CENTER. Zoning Administrator January 19, 2012 CUP 2011-20 Page 2 RECOMMENDATION Storefront view That the Zoning Administrator adopt Zoning Administrator Action 12-001 approving Conditional Use Permit 2011-20 to establish and operate a yoga studio with accessory retail use within an existing tenant space located at 2872 EI Camino Real. BACKGROUND Location The project site is located at 2872 EI Camino Real in The Market Place shopping center. The tenant space is located south of EI Camino Real and north of the I-5 Freeway, directly adjacent to Toys-R-Us, Keyboard Concepts and Easy Life Furniture (see Location Map). Other nearby tenants include a mix of commercial/service retail uses and fast-food restaurants. The property is zoned Planned Community Mixed Use (PCMU) and is subject to the East Tustin Specific Plan. Zoning Administrator January 19, 2012 CUP 2011-20 Page 3 The project site is within the Planned Community Mixed (PC-MU) of the Use East Tustin Specific Plan which permits commercial recreation facilities including tennis, racquetball, bowling, ice skating, athletic clubs and similar uses subject to Zoning Administrator approval of a Conditional Use Permit. 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. DISCUSSION The proposed yoga studio would be located in an existing 5,486 square foot tenant space which was previously occupied by Nest Furnishings, a retail furniture store. Tenant improvements proposed are primarily interior with potential changes to the exterior limited to new signage which will be subject to separate approval based on the sign program for The Market Place. The floor plan consists of a reception area with an accessory retail sales area at the entry which is approximately 900 square feet. Two studio spaces for classes consisting of 1,520 square feet and 1,140 square feet are located at the east side of the tenant space and the locker rooms and storage/utility areas make up the balance of the tenant space. All activities would occur within the building. Location Map and Surrounding Properties Zoning Administrator January 19, 2012 CUP 2011-20 Page 4 Hours of Operation The proposed hours of operation for the business are from 6:00 a.m. to 10:00 p.m. on a daily basis. These uses and hours. of operation are similar to and compatible with other uses within The Market Place. Parking Pursuant to the East Tustin Specific Plan, Regional Commercial Shopping Centers require 1 space per 200 square feet of gross floor area. The Tustin Market Place, as a Regional Commercial multi-tenant shopping center, has a mix of retail commercial uses, which does not change with the proposed project. Therefore, the overall parking supply will be adequate to meet peak demand and no further parking analysis is necessary. FINDINGS In determining whether to approve the Conditional Use Permit for the proposed yoga studio located at 2872 EI Camino Real in The Market Place shopping center, the Zoning Administrator must determine whether or not the proposed use 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 as conditioned may be supported by the following findings: 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. 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. Staff recommends that the Zoning Administrator adopt Zoning Administrator Action No. 12-001 approving Conditional Use Permit 2011-20 to establish and operate a yoga studio located within an existing tenant space at 2872 EI Camino Real in The Market Place shopping center. Zoning Administrator January 19, 2012 CUP 2011-20 Page 5 ~ ..- Amy Thomas, AICP Senior Planner Attachments: A. Location Map and Land Use Fact Sheet B. ZAA 12-001 C. Proposed Project Plans ATTACHMENT A LOCATION MAP AND LAND USE FACT SHEET Location Map 300 Foot Radius f` ~. ~~-, ~, .~~~=t~ 500 Foot Radius 4, 1~ ?C e!rt LAND USE APPLICATION FACT SHEET 1 LAND USE APPLICATION Conditional Use Permit 2011-20 (CUP 2011-20). NUMBER(S) 2 LOCATION: 2872 EI Camino Real, Tustin, within an existing tenant space at The Market Place shopping center 3 ADDRESS: 2872 EI Camino Real, Tustin 4 LOT: 2 TRACT: 13556 5 APN(S): 500-291-02 6 PREVIOUS OR CONCURRENT N/A APPLICATION RELATING TO THIS PROPERTY: 7 SURROUNDING LAND USES: North -Commercial shopping center uses South -Interstate 5 East -City of Irvine commercial uses West -Commercial Shopping Center/Auto Center 8 SURROUNDING ZONING North - PC Mixed Use DESIGNATION: South -Interstate 5 East -City of Irvine Commercial uses West - PC Mixed Use 9 SURROUNDING GENERAL North - PC Commercial Business PLAN DESIGNATION: South -Interstate 5 East- City of Irvine commercial uses West - PC Commercial Business 10 SITE LAND USE: Existing Proposed General Plan: PC Commercial Same Business Zoning: PC Mixed Use - PC Mixed Use - Commercial Commercial furniture retail sales service use, yoga studio 1 LAND USE APPLICATION FACT SHEET DEVELOPMENT FACTS: 1'I SITE AREA 12 BUILDING LOT COVERAGE 13 SITE LANDSCAPING 14 OPEN SPACE: 15 PARKING 16 BUILDING HEIGHT: 17 BUILDING SETBACKS 18 OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) PROPOSED GP: Same PROPOSED ZONING: Same 5.4 acres (The Market Place Shopping Center) MAX. PERMITTED: No Change PROPOSED: No change No Change No Change REQUIRED: 1 space per 200 square feet of gross floor area PROPOSED: No change MAXIMUM: No Change PROPOSED: No Change REQUIRED PROPOSED FRONT: No Change SIDE: No Change REAR: No Change N/A 2 ATTACHMENT B ZAA 12-001 ZONING 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 for 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 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. D. That a public hearing was duly called, noticed, and held for 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 surraunding 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 19th day of January, 2012. ~.~- ~~- DANA L. OGDON, P ZONING ADMINIST TOR ~~'~ 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. 12-001 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 19th day of January, 2012. ;~~~ ADRIANNE DILEVA RECORDING SECRETARY EXHIBIT A CONDITIONAL USE PERMIT 2011-20 2872 EL CAMINO REAL CONDITIONS OF APPROVAL C7ENERAL (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 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 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 and/or 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 CODES (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 sole 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 following 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. ATTACHMENT C PROPOSED PROJECT PLANS PROPOSED PROJECT PLANS KEPT ON FILE WITH THE COMMUNITY DEVELOPMENT DEPARTMENT. PLEASE REFER TO THE PROJECT FILE FOR CUP 2011-20 OR CALL 714-573-3126 TO VIEW THE PROPOSED PLANS.