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HomeMy WebLinkAboutZAA 05-022 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: I. The Zoning Administrator finds and determines as follows: A. B. C. D. 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. The General Plan Planned Community Commercial land use designation provides for a variety of office, commercial, retail seNices, including instructional facilities. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. That a public hearing was duly called, noticed, and held for Conditional Use Permit 05-035 on November 14, 2005, by the Zoning Administrator. 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 an average of seven to nine daily appointments which is consistent with the hours of operation for other 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 14th day of November, 2005. ~ RECORDING SECRETARY ~ó- ~¡~ DANA OGDON ACTING ZONING DMINISTRATOR 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, ~= November, 2005. ELOISE HA RIS RECORDING SECRETARY GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 (1 ) 1.6 EXHIBIT A ZONING ADMINISTRATOR 05-022 CONDITIONAL USE PERMIT 05-035 CONDITIONS OF APPROVAL 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. 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. 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. 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. The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. 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 SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEIS (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A ZA Action 05-022 Page 2 (***) 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 BUILDING (1 ) 3.1 (3) 3.2 FEES (1 ) 4.1 (2) 4.2 The classes shall be offered to individuals or a group of not more than two students at anyone 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. 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. The restroom shall be redesigned to be wheelchair accessible for the disabled. Prior to issuance of any permits, the applicant shall pay all applicable Building plan check and permit fees to the Community Development Department. 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 forty-three dollars ($43.00) 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.