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HomeMy WebLinkAboutZAA 2013-007ZONING ADMINISTRATOR ACTION 13 -007 CONDITIONAL USE PERMIT 2013 -08 2865 EL CAMINO REAL 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 2013 -08 was filed by Pirzadeh & Associates, Inc. on behalf of the Irvine Company Retail Properties, requesting authorization to operate a fitness center within an existing 2,838 square foot tenant space located at 2856 El Camino Real in the Tustin 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 in accordance with TCC Section 9299b(3)(f), the Zoning Administrator is authorized to consider minor conditional use permits for existing development where there would be no change of primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2013 -08 on August 27, 2013, by the Zoning Administrator. E. That the establishment, maintenance, and operation of the proposed fitness center 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 a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: 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 the proposed fitness center is similar to said uses. 2) All activities would occur entirely within the building. Zoning Administrator Action 13 -007 Conditional Use Permit 2013 -08 Page 2 3) Parking for the proposed use can be accommodated as there is a surplus of 793 parking stalls in the Tustin Market Place shopping center. 4) The proposed hours of operation are consistent with other uses within the Tustin Market Place shopping center. 5) As conditioned, Conditional Use Permit 2013 -08 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 2013 -08 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. F. That this project is categorically exempt pursuant to Section 15301, (Class 1) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Zoning Administrator hereby adopts Zoning Administrator Action No. 13 -007 approving Conditional Use Permit 2013 -08 authorizing the operation of a fitness center within an existing 2,838 square foot tenant space located at 2865 El Camino Real in the Tustin Market Place shopping center, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 27th day of August, 2013. J/J� A&Jai-- JQ$TINA WILLKOM ACTING ZONING ADMINISTRATOR ADRIANNE DiLEVA- JOHNSON RECORDING SECRETARY Zoning Administrator Action 13 -007 Conditional Use Permit 2013 -08 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ADRIANNE DiLEVA- JOHNSON, 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. 13 -007 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 271h day of August, 2013. i-- ADRIANNE DiLEVA- JOHNSON RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2013 -08 2865 EL CAMINO REAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 27, 2013, 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 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) 1.3 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) 1.4 Approval of Conditional Use Permit 2013 -08 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 issuance of an administrative citation pursuant to TCC 1162(a). (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. 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 Zoning Administrator Action 13 -007 Conditional Use Permit 2013 -08 Exhibit A Page 2 (1) 1.7 Conditional Use Permit 2013 -08 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with the conditions of approval or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.8 If in the future the City's Community Development Director, Police Chief, and /or Public Works Department determine 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, Police Chief, and /or Public Works Department may require that the applicant prepare a parking demand analysis, traffic study, or noise analysis and 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, Police Chief, and /or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a) Establish alternative hours of operation. b) Reduce client enrollment. c) Provide additional parking. d) Provide noise attenuation improvements. (1) 1.9 As a condition of approval of Conditional Use Permit 2013 -08 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 defense of any such action under this condition. USE RESTRICTIONS (1) 2.1 The hours of operation for the business shall be as follows: Monday — Thursday: 5:30 AM to 9:00 PM Friday: 5:30 AM to 7:30 PM Saturday & Sunday: 8:00 AM to 2:00 PM Zoning Administrator Action 13 -007 Conditional Use Permit 2013 -08 Exhibit A Page 3 Modifications to the hours of operation may be approved by the Director of Community Development if it is determined that no impacts to surrounding tenants or properties will occur. (1) 2.2 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. (1) 2.3 All activities shall be located within the enclosed building. No congregation and /or loitering in the parking area or walkways are allowed in association with the use. (1) 2.4 No change or alteration of the tenant space shall occur without prior approval of the Community Development Director. Major modifications to the floor area, services, and /or operation of the business may require consideration of a new conditional use permit by the Planning Commission. (3) 3.1 Plumbing fixtures must comply with the California Plumbing Code, Table 4- 1. One urinal in the men's bathroom and one additional water closet in the women's bathroom are required per the table. (3) 3.2 At the time of building permit application, the plans shall comply with the current edition of the codes (2010 California Building Standards Code), City Ordinances, State, Federal laws, and other regulations as adopted by the City Council of the City of Tustin. FEES (1) 4.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including, but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a) Building plan check and permit fees to the Community Development Department based on the most current schedule. (1) 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.