Loading...
HomeMy WebLinkAboutZAA 17-003 ZONING ADMINISTRATOR ACTION 17-003 CONDITIONAL USE PERMIT 2016-29 15032 RED HILL AVENUE, UNIT 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) 2016-29 was filed by Stuart Haskin on behalf of the Get Safe, requesting authorization to establish and operate a community safety and self-defense studio located within an existing 2,915 square-foot,tenant space located at 15032 Red Hill Avenue, Unit E, in the Tustin Business Park. B. That the property is zoned Industrial (M) and a General Plan land use designation of Industrial (1) which provide a variety of industrial and commercial service uses including schools for professional, instructional, motivational, vocational and/or seminar uses with approval of a CUP. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That in accordance with Tustin City Code 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 CUP 2016-29 on February 15,.2017, 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) The Industrial (M) District allows industrial uses such as manufacturing, assembly, warehousing, laboratories, and other light industrial uses. Uses such as offices and other support commercial uses, including instructional schools, are conditionally permitted subject to. the approval of a CUP. The proposed community safety and self-defense studio is similar to an instructional school in that the proposed use operates in the same manner as other instructional uses whereby each class is taught by Zoning Administrator Action 17-003 Conditional Use Permit 2016-29 Page 2 an instructor and multiple students and that the traffic and parking needs are similar with such use. 2) The proposed community safety and self-defense studio is located in a large multi-tenant industrial office complex and potential conflicts between the use and other tenants is not anticipated because adequate parking is provided, and the conditions to be imposed. As conditioned, the number of occupants, types of activities and hours of operation would be compatible with the neighboring light industrial and office uses, and the applicant would be required to notify the City of any changes to the use of the facility. 3) As conditioned, no noise impacts are anticipated in that all training activities shall be conducted entirely within the building and would be required to comply with the City's Noise Ordinance. 4) As conditioned, CUP 2016-29 may be reviewed by the Community Development Director, if necessary, to ensure compatibility with surrounding uses. If the use is not operated in accordance with CUP 2016-29 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 CUP. 5) The proposed use would not have any aesthetic impacts to the area since no exterior modifications are proposed. 6) The City's Public Works Department, Police Department and Building Division have reviewed and support the development of the proposed project, as conditioned. F. That this project is categorically exempt pursuant to Section 15301, (Class 1 — Existing Facilities) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the, California Environmental Quality Act) in that the project site is an existing facility and involves no expansion of an existing industrial office center. [I. The Zoning Administrator hereby adopts Zoning Administrator Action No. 17-003 approving CUP 2016-29 authorizing the establishment and operation of a community safety and self-defense studio located within an existing 2,945 square-foot tenant space located at 15032 Red Hill Avenue, Unit E., subject to the conditions contained within Exhibit A attached hereto. Zoning Administrator Action 17-003 Conditional Use Permit 2016-29 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 15th' day of February, 2017, 7 ELIZABETH A. BINSAC ZONING ADMINISTRATOR VERAt&AR—EA&Y�" RECORDING SECRETARY STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Vera Tiscareno, 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. 17-003 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 1 5th day of February, 2017. VERkf&AHNdX1' RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2016-29 15032 RED HILL AVENUE, UNIT E GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped February 15, 2017, 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 (TCC). (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 (CUP) 2016-29 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 CODEIS (7) PCICC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Zoning Administrator Action 15-010 Conditional Use permit 2015-24 Exhibit A Page 2 (1) 1.7 CUP 2016-29 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 CUP. (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 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, and/or d) Provide noise attenuation improvements. (1) 1.9 As a condition of approval of CUP 2016-29, 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-- Saturday: 9:00 AM to 9:00 PM Zoning Administrator Action 95-090 Conditional Use Permit 2015-24 Exhibit A Page 3 Classes are limited to the following: Day Classes: Up to four (4) persons plus one (1) instructor Evening Classes: Up to fifteen (15) persons plus one (1) instructor when offices are not in use 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 and adequate parking is available. (1) 2.2 Occupancy for the project building shall not exceed 49 people at any given time. Should applicant change its business operation to exceed 49 people, it shall first submit plans to the Community Development Department for a change of occupancy from Office/ Warehouse to assembly in accordance with California Building Codes in effect at the time. (1) 2.3 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) 2.4 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) 2.5 All business activities shall comply with the City's Noise Ordinance. (1) 2.6 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 either the Zoning Administrator or the Planning Commission. (1) 2.7 If the use authorized by CUP 2016-29 is discontinued for one (1) year, then it shall be conclusively presumed that such use has been abandoned and CUP will be deemed expired. BUILDING (3) 3.1 All regulations of the Uniform Building Code and the Orange County Fire Authority regarding occupancy classification, fire rating and exiting standards shall be met. FEES (1) 4.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a Zoning Administrator Action 15-010 Conditional Use Permit 2015-24 Exhibit A Page 4 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.