HomeMy WebLinkAboutZAA 20-005 DAY SPA ZONING ADMINISTRATOR ACTION NO. 2 -005
CONDITIONAL USE PERMIT 2020-0003
270 SOUTH PROSPECT AVENUE #A
The Zoning Administrator of the City of Tustin does hereby resolve as follows:
1. The Zoning Administrator finds and determines as fol[ WS'.'
A. That a proper application for Conditional Use Permit (CIDP) 2020-0003 was filed
by Kanh Nguyen, requesting authorization to establish a day spa in an existing
live/work unit on the ground floor of Prospect pillage, located at 20 south
Prospect Avenue .
B. That the proposed use is consistent with the Tustin General Plan in that the
property its designated as Downtown Commercial Core Specific Plan DCCSP ,
which provides for the establishment of commercial uses. 1n 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. Than pursuant to the Prospect pillage Planned Community District Regulations
within the Downtown Commercial Core Specific Plan (SP-12), day spa
establishments are conditionally permitted uses within Prospect pillage Planned
Community Planning Area B - L.ive work.
D. That pursuant to TCC section 9299b � 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 spas 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 pillage, is allowed in the Prospect pillage Planned Community
within the DCCSP with the approval of a CLIP.
Zoning Administrator Action 2,01-005
CUP 2020-0003
Page 2
The, hours ofoperation are const,stent with the neighboring commercial and
�ret,all 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
10 0
immed,i, to concerns.
ct is, Categorically Exempt pursuant to Section 1,5301 (Class, 1), of' the
Gf. 'This proje I
California, Code of Regulations (Guidelinles for the Callfornia, Environmental Quality
Act).
11. The Zoning Administrator hereby approves CLIP 2020-0003 authoirizing the
establishment of a dad spa in an existing I'llvelwork unit"on the ground floor of'Prospect
Village, located at,270 South Prospect Avenue,#A,, subject to the conditions contained
within Exhibit & attached hereto.
PASSED AND ADOPTIED by he Zoning Admims,trator of the City, of Tustin,, at, a reigular
meeting onthe, 255 day of March, 2020.
10000
ELIZABETH A. BINSACK
ZONING ADMIN]STRAT0,R,
woo,
..............
ERA ISCARENO
RECORDING, SECRETARY
Zoning Administrator Action 20-005
CUP 2020-00�3,
Page 3
STATE, OF CAL1FORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
I, VERA,TISIC,AR,ENOI, the understgned, hereby certify that I Recording Secretary of
the Zoning Admin*strator of the, City of Tustin,, California- -that Zoning Administratior Action
No. 20-005, passed and adopted at a regular, meefing of the, Tustin Zoning, Administrator,
held on the 25thday Of March, 2,020.,
oeeo�
ERS YISCARENO
RECORDING SECRETARY
EXHIBIT A
ZONING ADMINISTRATOR ACTION No. -005
CONDITIONAL USE PERMIT 2020-0003
CONDITIONS of APPROVAL
270 SOUTH PROSPECT AVENUE #A
GENERAL
1 1.1 The, proposed project shall substantiailly 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
t
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 Departrn nt.
(1) ' 1. This approval shall become null and void unless the use is established
within twelve 12 months of the date of this Exhibit. Time-e tensions
may be granted if a written request is received by the Community
Development Department within thirty 30days prior to expiration.
(1) 1.4 Approval of Conditional Use Permit (CIDP) 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
Apprdval 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.
y
(1) 1,5 Any violation of any of the conditions: imposed is subject to the issuance
of an Admini trative Citation pursuant to TCC Section 1162(a).
SOURCE CODES
(1) STANDARD CONDITION RESPONSIBLE SIBLE AGEND REQUIREMENT
(2) CEQA MITIGATION LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S PD DR POLICY
(4) DESIGN REVIEW IE1 '*' EXCEPTION
Zoning Administrator Action No. 20-00
Exhibit A
Page
(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
Develop-Ment 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 CIDP 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 attacks,-set aside, challenge, void,
or annul an approval of the City Council,the Planning Commission, or any
ether 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. The applicant shall be responsible for costs associated with. any
necessary cede 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
s
2.1 This approval is for a day spa establishment in a 464-square-foot ground
floor tenant space in an B i ting live work unit in Prospect pillage.
2.2 leo 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) If the use authorized by DLJP 2020-0003 is discontinued for one 1 year,
then it shall bb conclusively presumed that such use has been
abandoned and CIDP will be deemed expired.
Zoning Administrator Action No. -00
Exhibit
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: g:oo 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 Paring 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 biohaardous, 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 hours of approval of the subject project, the
I 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 Corrfmunity 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.