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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.