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HomeMy WebLinkAbout01 ZA REPORT CUP 2020-0003 DAY SPA . . AGENDA REPORT `"i"Em p-1 MEETING DATE: MARCH 25, 2020 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2020-0003 APPLICANT: PROPERTY OWNER: KHANH NGUYEN MARCOS COSTA 1281 9T" AVENUE #2903 10151 RANGEVIEW DRIVE SAN DIEGO, CA 92101 SANTA ANA, CA 92705 LOCATION: 270 SOUTH PROSPECT AVENUE #A GENERAL PLAN: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP) ZONING: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (SP-12)1 PROSPECT VILLAGE PLANNED COMMUNITY ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: TO AUTHORIZE THE ESTABLISHMENT OF A DAY SPA IN AN EXISTING LIVEIWORK UNIT ON THE GROUND FLOOR t�I d *� Zoning Administrator March 25, 2020 CUP 2020-0003 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 20-005 approving Conditional Use Permit (CUP) 2020-0003 to authorize the establishment of a day spa in an existing live/work unit on the ground floor of Prospect Village located at 270 South Prospect Avenue #A. APPROVAL AUTHORITY The project site is located within the Downtown Commercial Core Specific Plan and subject to the Prospect Village Planned Community District Regulations. The Prospect Village Planned Community District Regulations permits day spas subject to the approval of a CUP. Pursuant to Section 9299b(3)(f) of the Tustin City Code (TCC), the Zoning Administrator has the authority to review and approve minor CUPs 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 site. BACKGROUND Location and Surrounding Properties The project site is located in Prospect Village, which includes a two-story commercial building and twelve (12) three-story live/work units. Prospect Village is bounded by Third Street to the north, Prospect Avenue to the east, Main Street to the south, and commercial/retail to the west (Figure 1 - Aerial Map). ., •auawe.n a 270 S.Prospect Avenue#A ti B _ r 1 flc ;..ti. 41 Figure 1 -Aerial Map Zoning Administrator March 25, 2020 CUP 2020-0003 Paige 3 Prospect Village is comprised of a two-story commercial building front Main Street (Planning Area A - Commercial) and twelve (12) three-story live/work units to the north (Planning Area B - Live/Work) with optional commercial space on the ground floor and a residential unit on the floors above. PROJECT DESCRIPTION Project Summary A day spa establishment is proposed by the applicant in an existing 2,498-square-foot live/work unit facing the public alley in Prospect Village. The day spa would offer skincare, Botox, and fillers and would occupy a 464-square-foot space on the ground floor fronting the public alley (Figure 2 - Floor Plan). The space would be furnished as a professional office and have no large medical equipment. Employees would comprise of the business owner and one (1) employee. No employees would reside at the property and the business would operate all week. i �N x �r-------- -- r- __-----_ __-4_-_---_ __ ___ I .� _..... —_.-- F------------- :-- -�j _ _ .... I I I i I f e y `[` _ I --J , Figure 2 -Floor Plan Per Condition No. 2.2. of ZAA No. 20-005, No massage service was considered as part of this project for the present use and no massage establishment can take place at the subject site unless approved by the Community Development Department. A State Certificate and City of Tustin massage establishment permit would be required. Zoning Administrator March 25, 2020 CUP 2020-0003 Page 4 Business Hours The applicant proposes the following hours of operation for the day spa establishment: Monday—Tuesday 9:00 a.m. -- 7:00 p.m. Wednesday—Sunday 3:30 p.m. --7:00 p.m. The applicant indicated majority of the business operation would be by appointment only; however, the proposed hours of operation are consistent with adjacent and neighboring commercial and retail businesses. Per Condition 1.7 of ZAA No. 20-005, CUP 2020-0003 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts. Parking The project site is comprised of a 464-square-foot ground floor commercial/office space and second-and third-story residential use. Per the Prospect Village Planned Community District Regulations, owners of the live/work units may be permitted to lease the ground floor portion provided that they have secured additional parking. CUP 98-026 authorized the establishment of joint use parking within the Stevens Square Office complex for the commercial component of the twelve (12) live/work units in Prospect Village. The Prospect Village Planned Community District Regulations require a minimum of two (2) enclosed garage spaces for each dwelling unit and one (1) parking space per 200 square feet of retail use. The 464-square foot ground floor day spa establishment requires three (3) parking spaces for employees and patrons. The subject property secured an agreement with the Tustin Community Redevelopment Agency for three (3) City-owned parking stalls on the upper floor of the Steven's Square Parking Structure (CUP 98-026). Per Condition No. 2.5 of ZAA No. 20-005, all patrons and employees (non-residents)shall park their vehicles in the City-owned parking stalls on the upperfloor of the Steven's Square Parking Structure. FINDINGS: In determining whether to approve the CUP to authorize the establishment of a day spa in an existing live/work unit on the ground floor in Prospect Village, the Zoning Administrator must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin. A decision to approve this request may be supported by the following findings: Zoning Administrator March 25, 2020 CUP 2020-0003 t Page 5 1. The proposed day spa establishment, in conjunction with a live/work unit in Prospect Village, is allowed in the Prospect Village Planned Community within the DCCSP with the approval of a CUP. 2. The hours of operation are consistent with the neighboring commercial and retail businesses. 3. No expansion of the existing ground floor commercial/office space is proposed; therefore, no parking impacts are anticipated. 4. The Tustin Police Department has reviewed the application, and has no immediate concerns. Staff recommends that the Zoning Administrator adopt ZAA No. 20-005 approving CUP 2020-0003 to authorize the establishment of a day spa in an existing live/work unit on the ground floor in Prospect Village located at 270 South Prospect Avenue #A. _Jc�. Jessica Aguilar Associate Planner Attachments: A. Location Map & Land Use Fact Sheet B. Submitted Plans C. Zoning Administrator Action No. 20-005 ATTACHMENT A LOCATION MAP & LAND USE FACT SHEET 300 foot, 500 foot, and 1,000 foot Radius Q ® Q F' « 6:, 9 Q V -- i m ® tlR m 00s A m + o acy ,, . ' :' 300 foot } W 500 foot i 1,000 foot CID am aj ® ez OD M e, m as 1 G {m 0 EISFy' t� canCID �d9 �. — C w 'wK� Pc ,fah ix S� Location Map 270 South Prospect Avenue #A Project # CUP 2020-0003 LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT(CUP)2020-0003 2. LOCATION: NORTHWEST CORNER OF SOUTH PROSPECT AVENUE AND THIRD STREET PROSPECT VILLAGE 3. ADDRESS_ 270 SOUTH PROSPECT AVENUE#A,TUSTIN, CA, 92780 4. APN(S):401-585-20 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: ZC 03-002, ZC 08- 001, CUP 98-026, ZC 08-003, ZC 2018-00002 6. SURROUNDING LAND USES: NORTH (ACROSS THIRD STREET): VACANT LOT EAST(ACROSS PROSPECT AVENUE): CIVIC FACILITY PARKING LOT SOUTH (ACROSS MAIN STREET): COMMERCIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (SP-12) SOUTH: SP-12 EAST: SPA 2 WEST: SP-12 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP) SOUTH: DCCSP EAST: DCCSP WEST: DCCSP 9. SITE LAND USE: EXISTING PROPOSED USE: LIVEIWORK NO CHANGE ZONING: SP-121 NO CHANGE PROSPECT VILLAGE PLANNED COMMUNITY GENERAL DOWNTOWN COMMERCIAL CORE SPECIFIC NO CHANGE PLAN: PLAN (DCCSP) DEVELOPMENT FACTS. NO CHANGE TO EXISTING DEVELOPMENT 10. LOT AREA: 32.941 SQUARE FEET 11.TOTAL BUILDING AREA: 2,498 SQUARE FEET 12. TENANT SUITE AREA: 463 SQUARE FEET 13. PARKING: TWO-VEHICLE GARAGE FOR THE RESIDENCE STEVEN'S SQUARE PARKING AGREEMENT FOR BUSINESS 14. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY(I.E. SPECIAL STUDY ZONES, EASEMENTS; ETC.) NIA ATTACHMENT B SUBMITTED PLANS /C-0 i9/16' .. , ------- ORO' I I cl) -------`�---------til IQ 77 K y 4-5 15/16- UNIT s/SCUNIT B-2 CORNER (LOT 7) UNIT B-2-R (LOT 2) o o � 0 o ao 0 J\ .c ® a0000 i e a _ Q�g7]JCSryry�]7.17flOC.�6�i�J9 as i `c ■w I �,.:�'is� MOM �ol e, o ■ _ �i _�' � r o oma■ .e_ ,�, -- Imom ATTACHMENT C ZONING ADMINISTRATOR ACTION NO. 20-005 ZONING ADMINISTRATOR ACTION NO. 20-005 CONDITIONAL USE PERMIT 2020-0003 270 SOUTH PROSPECT AVENUE #A 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) 2020-0003 was filed by Khanh Nguyen, requesting authorization to establish a day spa in an existing live/work unit on the ground floor of Prospect Village, located at 270 South Prospect Avenue #A. B. That the proposed use is consistent with the Tustin General Plan in that the property is designated as Downtown Commercial Core Specific Plan (DCCSP), which provides for the establishment of commercial uses. In addition, the project has been reviewed for consistency,with the Air Quality Sub-Element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-Element. C. That pursuant to the Prospect Village Planned Community District Regulations within the Downtown Commercial Core Specific Plan (SP-12), day spa establishments are conditionally permitted uses within Prospect Village Planned Community Planning Area B - Live/Work. D. That pursuant to TCC Section 9299b(3)(f) the Zoning Administrator has the authority to consider requests 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 site. E. That a public hearing was duly called, noticed, and held for CUP 2020-0003 on March 25, 2020, by the Zoning Administrator. F. That the establishment, maintenance, and operation of the day spa within the existing live/work unit 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 injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1) The proposed day spa establishment, in conjunction with a live/work unit in Prospect Village, is allowed in the Prospect Village Planned Community within the DCCSP with the approval of a CUP. Zoning Administrator Action 20-005 CUP 2020-0003 Page 2 2) The hours of operation are consistent with the neighboring commercial and retail businesses. 3) No expansion of the existing ground floor commercial/office space is proposed; therefore, no parking impacts are anticipated. 4) The Tustin Police Department has reviewed the application, and has no immediate concerns. G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California_Code of Regulations (Guidelines for the California Environmental Quality Act). ll. The Zoning Administrator hereby approves CUP 2020-0003 authorizing the establishment of a day spa in an existing live/work unit on the ground floor of Prospect Village, located at 270 South Prospect Avenue#A, 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 on the 25th day of March, 2020. ELIZABETH A. BINSACK ZONING ADMINISTRATOR VERA TISCARENO RECORDING SECRETARY Zoning Administrator Action 20-005 CUP 2020-0003 Page 3 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. 20-005 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 25th day of March, 2020. VERA TISCARENO RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION NO. 20-005 CONDITIONAL USE PERMIT 2020-0003 CONDITIONS OF APPROVAL 270 SOUTH PROSPECT AVENUE #A GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 25, 2020, 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 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 Approval of Conditional Use Permit (CUP) 2020-0003 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 the issuance of an Administrative Citation pursuant to TCC Section 1162(a). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS .(7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Zoning Administrator Action No. 20-005 Exhibit A Page 2 (1) 1.6 CUP 2020-0003 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with, CUP 2020-0003, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.7 As a condition of approval of CUP 2020-0003, 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) 1.8 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 (* *) 2.1 This approval is for a day spa establishment in a 464-square-foot ground floor tenant space in an existing live/work unit in Prospect Village. (***) 2.2 No massage service was considered as part of this project for the present use and no massage establishment can take place at the subject site unless approved by the Community Development Department. A State Certificate and City of Tustin massage establishment permit would be required. (1) 2.3 If the use authorized by CUP 2020-0003 is discontinued for one(1) year, then it shall be conclusively presumed that such use has been abandoned and CUP will be deemed expired. Zoning Administrator Action No. 20-005 Exhibit A Page 3 (***) •2.4 The facility shall be limited to day spa services, offering skincare, Botox, fillers, and similar services. Services are offered at the following hours of operation: Monday-Tuesday: 9:00 a.m. —7:00 p.m. Wednesday-Sunday: 3:30 p.m. —7:00 p.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. (***) 2.5 All patrons and employees (nonresidents) of 270 South Prospect Avenue #A shall park their vehicles in the City owned parking stalls on the upper floor of the Steven's Square Parking Structure. (***) 2.6 All biohazard and sharps waste shall be stored inside the enclosed building, in accordance with appropriate regulatory standards, as set by the Orange County Fire Authority, Health Care Agency, and Integrated Waste Management Department, for disposal by a firm specializing in the handling of biohazardous, sharps, and medical waste. (1) 2.7 No outdoor storage is permitted. (1) 2.8 Business operations shall be conducted in a manner that does not create a public. or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (1) 2.9 All proposed signage shall be in compliance with the approved Prospect Village Master Sign Program. Said signage shall be subject to review and approval by the Community Development Department. FEES (1)(5) 3. Within forty-eight (48) hours of approval of the subject project, the 1 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.