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Home My WebLink AboutCUP 05-035, ZAA 05-022Inter-Com ~. ~~ DATE: NOVEMBER 14, 2005 _~ ._ TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 05-035 PROPERTY OWNER: EMS DEVELOPING CO. 14081 YORBA STREET, SUITE 107 TUSTIN, CA 92780 ATTN: MAURICE A. ENDERLE APPLICANT: JULIA J. HINCHMAN ON BEHALF OF "STUDIO J" 2121 S.E. FOOTHILL ROAD SANTA ANA, CA 92705 LOCATION: 17390 SEVENTEENTH STREET, SUITE F ZONING: PLANNED COMMUNITY COMMERCIAL (PC-COMM) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: ESTABLISH A PILATES STUDIO FOR INDIVIDUALS OR GROUP OF NOT MORE THAN TWO (2) PERSONS WITHIN A COMMERCIAL RETAIL CENTER. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action No. 05-022 approving Conditional Use Permit 05-035. BACKGROUND The applicant is requesting approva{ to establish an approximately 480 square foot pilates studio within a commercial retail center located at 17390 Seventeenth Street, Suite F (Attachment A -Location IViap). The subject property is located within the Planned Communit~~ :ommercial l°~ Comm.' ~onina district and the proposed pilates classes arp t~ be offerer' t~ irtdiviciua;a c~ ~. prow. o~ nog more than *w person::. Cor:siderinc the Zoning Administrator Report CUP 05-035 Page 2 limited size and services of the proposed pilates studio, the Community Development Director has determined that the use is compatible with the retail and service activities currently operating within the Enderle center. Instructional facilities in commercial districts require approval of a conditional use permit, which may be considered by the Zoning Administrator when minor in nature. Site and Surrounding Properties The site is located in one of the retail buildings in the middle section of the Enderle Shopping Center south of Zov's Bistro. The site surroundings include retail and commercial uses to the north, office uses to the west and east and residential uses to the south (Attachment B -Site Plan). Public Noticing A public hearing notice identifying the time, date, and location of the public hearing for the proposal was published in the Tustin News on November 3, 2005. Property owners within 300 feet of the site were notified of the hearing by mail; a hearing sign is posted on the site; and, the hearing was posted at City Hall on November 3, 2005. The applicant was informed of the availability of the agenda and staff report for this item. DISCUSSION Project Description The applicant proposes to provide pilates classes to individuals or a group of up to two (2) persons. The classes are proposed to be scheduled with appointment and only one instructor (the applicant) will be available. An average of seven to nine appointments will be scheduled for each day and each appointment will be fifty-five (55) minutes. The hours of operation will be compatible with other retail and service uses within Enderle Center. llQQ~ The studio is approximately.~8~ square feet in area and includes a reception desk and a restrobm. The tenant improvements have been installed without the benefit of a building permit and the restroom needs to be modified to be accessible to disabled persons with wheelchairs. Condition 3.1 and 3.2 are included to require obtaining a building permit for the improvements in accordance with the related code requirements Parking A total of 643 parking spaces are provided within Endrele Center for the retail and restaurant uses with an average of one. (1) parking space required per each 200 square feet of retail space. The 480 square foot studio will be allocated three (3) parking spaces by the center, which would accommodate the students and the instructor associated with the proposed use. _ __ _ - _ - _ _ _ , ~__. r ~-- a Zoning Administrator Report CUP 05-035 Page 3 ANALYSIS In determining whether to approve the Conditional Use Permit, the Zoning Administrator must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: 1) The proposed use, as conditioned, would not be detrimental to surrounding properties in that the use would occur entirely within the building and the number of instructors and clients and scope of operations for the proposed use can be supported by the proposed building and site design, and, as conditioned, would be compatible with the uses on the surrounding properties. 2) The proposed pilates studio will be limited to offering classes to individuals or a group of not more than two (2) persons at one time, which can be accommodated by the existing number of parking spaces assigned to the use within the commercial retail center. 3) The pilates studio would operate Monday through Friday with an average of seven to nine daily appointments which is consistent with the hours of operation for other commercial uses in the area and compatible with nearby residential uses. ~~ Minoo Ashabi Associate Planner Attachments: A. Location Map B. Site Plan C. Floor Plan D. ZA Action 05-022 CUP 05-035 (pilates Studio).doc ATTACHMENT A Location Map ~1 - 11 airy ~ -.:,.,~~ ~,_, u + / pp - _, - r ..n ad '~ '~„•~ 11 i 9 4 11`x' r y ti A": l~f ,~T '~'-~ ~ ,. 1 I ~.~.~ ~,. L ~ .,7t'*~ '-+~. ~ ~ ~aN t I I _,.,~ lilo l ~ 1, ~. ,~ ~~r- ~.~ ~, .,~~ ~-~-~- ~ ~, ~ ' ~..~ ~~~ ~ ~ ~~''' ,~I ~ 1l r 1- ~ - °- ~Y~ ri ~ r >~~l ~ ~i-1, ~ ,~ I N ~-~1J„... '1„~r.~'."'capyl.*..,,~.n 1 1 "~~ ^'' ~~ ~ . '1 ~; _: i ~ ~1-'I "~I ~a~al~r ~a~~;=~~,.`~' ~~ ~~~'~~~. ~~~ ~~~ q~; 'I Prr~;e~~ ~I®. LDP 05-~~5 ~i, ~~ ,~ 'n~~'' - ~~~I,~i..~-~h,~~^;~y,~ 1~~~s~~'' ~ ~~,~~i' a4ddress: 37390 ~. 7th ~~. ~ ~ ~ ^~ ~ it ~~, _~~ s, ~' ~ ~~~~~ti :,'~_ ~'~ ~'~`' ~~ 3us~in ~,~ 92780 II ~e~`',~ 1 i sI ~~I. ._ ~~ ~!~' u' "'•~"V~'~~y y'lX~~ (y ^~''.1-- T ~ /~~2 i 7 u ~ N ~ ~ ~4 ~'~~-fir' i' ~,~ ~~`". M "~"' \ ~ •rY ^~..~ ~r' ~`~~r 7c~, Jh ;r a a Y~. ~'. ;, ~. - ~ ~ riav r I -~ ° ~ :~ ~-~r,~ ~ . s,J Nis"> ' ..i~ M Q / , ]~ ~P i 1. ~ ~T'~V ( i~ 1A +, .c; i ~ Yeti w N ~ k \ ~~ ~ .I ~ ~ +LC Fem. ~~ A !, } r~^'~ae~i'~ .. *r ~ ,~ _. .'' . ~ .Cry ~M ,~ ~ .,~ ~y i r ~. .'.- -~. .;' ti~ .v~.vp~ N ~V~. l+. ~~ n~y~-may ~ ~ ~. ~~ ~' l '. ~i:+, ~~. Tyr M~~.~,~`-,. ~,.. ' ~~(''~ ~'"`~%' 1 ~~ ,. I ~;' ~\ ?~; ~I it ~-- i ~ I ~ I ~ ~ I { i ~ (r ~° I^ I ,, ,~ uEwlao wm>E , , ~ unr YfJ011 • 11901 1 I ~ iRCEIiAVfN LLL IJOII ~ 3 ' i l , ' _~~Q_ s ~C VUAH7 ~ - - 13002 1011 M1i .;r iAA4; /59] ~ - - y :_ ' 1]851 ~ _ _ I i0 I ~J~ .. ~:Z ~ ~ --_ - II • • • ~' lVENTEEN BTHEET ~~ I ~ 300' ~~ !500' ` 'y' / ! / err ;~ r~ ~ 1 /'] ~ 14092 nI ',/ / g ' 14061 ~ ~•I /~ ~/ ~/ ~ `/ ~ /" 173fi4 / ~ r ~ i ~...., ~1 ~ VXNOE11g[90 UME ~~ i J4 1756? ~, 4 I JJA!! OD9'G ~'1 rl ~ P ~ ~ _ ~ nz2 1 _ z Jsa4 3m,,", m:~ 1} ~ ~ rant met, ~F' _,„ 1 1+t4z Y9Rk 7J-TIN Itt-+t412 -- ~ J521 17 ~,1 1771 NI @g ~ 1 1 1~ !1 9S "OG!lI TlON 11114 1<' i 142 , {1 i 195 1116E 1111E 11111 1 I- ' °~ !1) 141Xfi 1J1;1. 172 1>~>q '~ '"- i F +166 f i TfAG7 77 r ~ .1131 ~ 771 0 _ _.. i TO ~ 1 T~6 ___ __ _-. __ -_-- ! { ~ ~ XS...: 196 ? ~ ~' ~ s II °f 1 ~ t4zz1 ~.. t4xv. ~ 14xz~ I lizzx i 14zz; ia2z_ ~ i ~ ~ } El ~ 1~ i 1 ?. 1 1 1 11 ~I ~ y... - 1 , ~ V C J: 11212 1 1211 ':112]2 2] 112]2 I 1I)t! 1 k O I ~~~~ ~ 4212 t l IA221 1 hlzzz y}1 \ S i ~1 I }}LL,,~ ti~ I 1 ;14242 114211 ;11242 ~ 11211 : 1+2: x~ u 1 42R ~ i t4~ ~' qi ~~ IV-~^ 142111 i ~. ~ i 14!11 ~ _~ ATTACHMENT B Site Plan ~ ~ 2 ~i ~A i ~~~^~~ 1\ Z A ~~ a i^ w a ~~ ,;'' y; ~ ^\ . Y \ ~ ~ ~-+ d h m -.I I I DTI I-I.... _. ~, W I I `~ ~ a W _ w ~ iT" ~ ~ ~ Im i~ - ~~ !nom a ~ z ~w ~ - ~ ~_=-"~ ~ ~.~. It 10 1 ..'~ ~ ~ i i I' '" ~~ \\ w~ _ oll I \ ~ 1. X41 ~~1 1 ~ a cs ~ ~ °~ ~~:A 7 w ~r~C ~- i c~ ~~ ~~ L~-~ ~ `V~~ ems' ~ ~ ~ ~ i Q \ ~ ~.~ a ~ ,~'- dv mf ~~` ~ - ~v, ~ ~~ ~ o ~w ~ ~ Y ~ I ~I I ~ L r ., - i~ ~ i I ~ ~ - %y ~ ~ _ _~ ! i ____ __ ~- --- - ~~. ~ ~ i . - - ~ I 1 ~ ~I I~~ ~~ ~ ~ ~ ~ I W r' ~~~ I ~~ I m ~ ~::~ ~S e9f I ~ E ~~j ti~ I--~ I jT w ~. :; A~~ ~o ~ I I ~ m ~ ~ m y '~ U ~ , -~; ~ ~ o N- ~~ a ~ w ~ N ~ o a a ~ ~ ,,~ I I< 1 iL~ L e i ~,_ a i,~r` ~~ i J I a~~_ '' J ~. ~° ~` w R ~~ ~ Q, " ~~~~ ~ .X ~w W 'T `~~~. ~\ ~ ,` ~ ~~ "Gi~~ ~; iitY ~,' ~ ! r n~ w, ~r 'E, v; (. °n E. ~~_ -. anup ialuap e~~epu3 ATTACHMENT C Floor Pian ~- s c t--+ a ~, ar ~ ~ cdt M ~~ .V ~~ ,/may .L {, ~ ~! `~I ~'~ ~ r-~ ~ !! L !' 1, • 'CIS ~ 1~ 4--' 3 a Cr, 1 d..t.+ ~t fl 1_ ATTACHMENT D Zoning Administrator Action Q5-022 ZONING ADMINISTRATOR ACTION 05-022 CONDITIONAL USE- PERMIT 05-035 17390 SEVENTEENTH STREET, SUITE F The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. A proper application for Conditional Use Permit 05-035 was filed by Julia J. Hinchman, on behalf of "Studio J," requesting authorization to establish a pilates studio for individuals or a group of two persons within the Enderle Shopping Center at 17390 Seventeenth Street, Suite F. B. The General Plan Planned Community Commercial land use designation provides for a variety of office, commercial, retail services, including instructional facilities. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That a public hearing was duly called, noticed, and held for Conditional Use Permit 05-035 on November 14, 2005, by the Zoning Administrator. D. That the establishment, maintenance, and operation of the proposed use 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 use, as conditioned, would not be detrimental to surrounding properties in that the use would occur entirely within the building and the number of instructors and clients and scope of operations for the proposed use can be supported by the proposed building and site design, and, as conditioned, would be compatible with the uses on the surrounding properties. 2) The proposed pilates studio will be offering classes to individuals or a group of not more than two. (2} persons at one time, which can be accommodated by the existing number of parking spaces assigned to the use within the commercial retail center. 3~ The pilates studio would generally operate Monday through Friday with ar average of seven to nine daily appointments whici~, hs consistence. with: the hours of ooeratio~ gar othe Zoning Administrator Action 05-022 November 14, 2005 Page 2 commercial uses in the area and compatible with nearby residential uses. E. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act) . II. The Zoning Administrator hereby approves Conditional Use Permit 05-035 authorizing a pilates studio for individuals or a group of not more than two persons within the Enderle Shopping Center located at 17390 Seventeenth Street, Suite F, subject to the conditions attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 14t" day of November, 2005. DANA OGDON ACTING ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, 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. 05-022 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 14t" day of November, 2005. cLOISE HARRIS RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR 05-022 CONDITIONAL USE PERMIT 05-035 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 14, 2005, 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. (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 Approval of Conditional Use Permit 05-035 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) 1.4 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the- City Council ordinance. (1) 1.5 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicabie notice, hearing, and appeal process as established by the City Council by ordinance. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE,~S (4) DESIGN REVIEW **~ EXCEPTIONS (5) RESPONSIBLE AGENCY' REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A ZA Action 05-022 Page 2 (1) 1.6 As a condition of approval of Conditional Use Permit 05-035 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. (***) 1.7 Conditional Use Permit 05-035 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. USE RESTRICTIONS (~**) 2.1 The classes shall be offered to individuals or a group of not more than two students at any one time. Any change to the number of students or classes shall be submitted to the Community Development Department. An increase in the number of students and or classes may require approval of a new use determination and conditional use permit by the Planning Commission. BUILDING (1) 3.1 The applicant shall obtain a building permit for all the tenant improvements. At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. (3) 3.2 The restroom .shall be redesigned to be wheelchair accessible for the disabled. FEES (1) 4.1 Prior to issuance of any permits, the applicant shall pay all applicable Building plan check and permit fees to the Community Development Department. (2) 4.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check ~ayabie tc the COUNT' C.ERI~ ire the amounT o~ fortes-three dollar:. ($43A0~ to enable the Cit~r to file the approphatE environmental Exhibit A ZA Action 05-022 Page 3 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. .,