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HomeMy WebLinkAboutZAA 17-007 / CUP 2017-012 SIGNED ZONING ADMINISTRATOR ACTION 17-007 CONDITIONAL USE PERMIT 2017-12 13931 CARROLL WAY, SUITE D The Zoning Administrator of the City of Tustin does hereby resolve as follows: 1. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2017-12 was filed by Natalia and Margarita Guzman-Pardo on behalf of OC FIT Body, Inc., requesting authorization to establish and operate a fitness training studio located within an existing tenant space located at 13931 Carroll Way, Suite D, in Mimi's Plaza shopping center. B. That the property is zoned Retail Commercial (C1) with Combining Parking (P) and has a land use designation of Community Commercial (CC) within the General Plan, 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 in accordance with Tustin City Code Section 929.9b3(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 nearing was duly called, noticed, and held for CUP 2017-12 on September 18, 2017, by the Zoning Administrator. E. That the establishment, maintenance, and operation of the proposed fitness training 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 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 C1 zoning district allows a variety of retail and commercial uses. Uses such as gymnasiums and health clubs are conditionally permitted subject to the approval of a CUP. The proposed fitness training studio is similar to a health club in that the proposed use operates in same manner as other health club uses whereby customers are required to be members in order to attend scheduled fitness classes. 2) Parking for the proposed use can be accommodated in that the maximum number of students and instructors would be limited by the Zoning Administrator Action 17-007 Conditional Use Permit 2017-12 Page 2 twenty-four (24) allocated parking spaces, ensuring that sufficient parking would be available for existing and proposed used. 3) The proposed hours of operation are typical of a fitness training studio and are compatible with other uses within the center. 4) 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, Duty's Noise Ordinance, 5) As conditioned, CUP 2017-12 may be reviewed by the Community Development Director, if necessary, to ensure compatibility with surroundling uses,. 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 uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance oir negative impacts or may initiate proceedings to revoke the CUP. 6) The proposed use would not have any, aesthetic impacts to the, area since no exterior modifications are proposed. F That this project is categorically exempt pursuant to Section 15301, (Class 1 — Existing Facillities,) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 11, The Zoning Administrator hereby adopts Zoning Administrator Action No. 17-007 approving CUP 2017-12 authorizing the establishment and operation of a fitness training studio located within an existingi tenant space located at 13931 Carrol Way, Suite D, 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 18th day of September, 2017. ELIZABETH A. BINSACK ZONING ADMINISTRATOR vE4AtiSNAMb ' RECORDING SECRETARY Zoning Administrator Action 17-007 Conditional Use Permit 2017-12 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Vera Tisareno, 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. 17-007 passed and adopted at a regular meeting of the Tust�in Zoning Administrator, held on the 18th day of September, 2017. VERA-WCAR t`N& RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2097-12 13931 CARROLL WAY, SUITE D GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 18, 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) 2017-12 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). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLEAGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Zoning Administrator Action 17-007 Conditional Use Permit 2017-12 Exhibit A Page 2 (1) 1.6 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. (1) 1.7 CUP 2017-12 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, or d) Provide noise attenuation improvements. (1) 1.9 As a condition of approval of CUP 2017-12, 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. Zoning Administrator Action 17-007 Conditional Use Permit 2017-12 Exhibit A Page 3 USE RESTRICTIONS (1) 2.1 The hours of operation for the business shall be as follows: Monday—Thursday: 5:00 a.m. to 8:00 PM Friday: 5:00 a.m. to 11:00 a.m. Saturday — Sunday: 5:00 a.m. to 10:00 a.m. 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. *** 2.2 Only one (1) class may be in session at a time and is limited to a maximum of twenty-five (25) students per class. Any changes to class size may be approved by the Director of Community Development if it is determined that there is sufficient parking to accommodate the class size. (1) 2.3 Each class shall be concluded fifteen (15) minutes prior to the following class in order 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 workouts in the parking area are allowed in association with the use. (1) 2.5 All business activities shall comply with the City's Noise Ordinance. The applicant and/or property owner shall install, as necessary, interior sound attenuation material to minimize noise and/or vibration impacts on adjacent tenants. (2) 2.6 The exterior business doors shall remain closed at all times except *** when employees or clients are entering or exiting the building. (1) 2.7 No sporting events, competitions or special events shall occur without the issuance of a Temporary Use Permit by the Community Development Director. (1) 2.8 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. Zoning Administrator Action 17-007 Conditional Use Permit 2017-12 Exhibit A Page 4 (1) 2.9 If the use authorized by CUP 2017-12 is discontinued for one (1) year, then it shall be conclusively presumed that such use has been abandoned and the CUP will be deemed expired. PLAN SUBMITTAL (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. (1) 3.2 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). A. The applicant/contractor is required to submit a 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% of the project waste material or the amount required by the California Green Building Standards Code. B. The applicant will be required to submit a $50.00 application fee and a cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $2,500, whichever is greater. In no event shall a deposit exceed $25,000. 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". 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 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.