HomeMy WebLinkAboutZAA 21-012 i
ZONING ADMINISTRATOR ACTION 2021-012
CONDITIONAL USE PERMIT 2021-0028
14081 YORBA STREET, SUITE 105
The Zoning Administrator of the City of Tustin does hereby resolve as follows:
I. The Zoning Administrator finds and determines as follows:
A. A proper application was filed by Bonnie Berger, D.C., requesting
authorization to conditionally permit a chiropractic office -at 14081 Yorba
Street, Suite 105 with accessory massage services provided by
professionals not exempted from massage permitting requirements as
defined by Tustin City Code(TCC) 3665.
B. The site is designated Planned Community Commercial Business (PCCB)
by the City General Plan and is zoned Planned Community — Commercial
(PCC). The site is also within the Enderle Center Planned Community (PC)
which defers to the Professional (PR) District for allowable uses for office
buildings within this PC.
C. The site is currently improved with an existing 17,250 square-foot office
building.
D. That a public hearing was duly called, noticed, and held for CUP 2021-
0028 on-November 18, 2021, by the Zoning Administrator.
E. 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
the surrounding properties in that the .use would occur entirely
within the existing commercial building.
2. As conditioned, the chiropractic office would operate with a
maximum of one (1) chiropractor and one (1) chiropractic
assistant working at any given time.
3. There is no change or increase in the amount of parking
required as compared to the tenant space's prior operations, as
both the existing and proposed uses are considered
"professional office" uses.
4. The proposed business hours are consistent with the hours of
operation for other uses in the area and therapeutic massage
Zoning Administrator Action 2021-012
CUP 2021-0028
November 18, 2021
Page 2
services would be limited to the hours when the chiropractic
professional is onsite.
51. As conditioned, the chiropractic professional is responsible for
ensuring that all massage technicians and/or chiropractic
assistants operating at this location would obtain massage
permits pursuant to TCC Section 3661, et seq.
6. The Tustin Police Department has reviewed the application and
has, no immediate concerns.
7. As conditioned, CUP-2021-0028 may be reviewed by the
Community Development Director, if necessary, to ensure
compatibillity with surrounding uses,. If the use is not operated in
accordance with CUP-201211-0028 and is found to be a nuisance or
negative impacts are affecting the surrounding uses, the
Community Development Director would have the authority to
impose additional conditions to eliminate the nuisance or negative
impacts or may initiate proceedings to revoke the CUP,
F This project is Categorically Exempt pursuant to Section 15301 (Class 1) of
the California Code of Regulations (Guidelines for the California
Environmental Quality Act).
Il, The Zoning Administrator hereby approves CUP 2021-0028 authorizing
accessory massage services provided by a non-exempted professional in a
chiropractic office at 14081 Yorba Street, Suite 105, subject to the conditions
contained within Exhibits, A and B, attached hereto.
PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular
meeting on the 18th day of November, 2021.
J(JSt&A L. WILLKOM
ZONING ADMINISTRATOR
VERA HURIMO
RECORDING SECRETARY
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
1, Vera Hurtado, the undersigned, hereby certify that I am the Zoning Administrator
Secretary, of the City of Tustin, California; that Zoning Administrator Action 21-012 was
duly passed and adopted at a regiular meeting of the Tustin Zoning Administrator, held
on the 18th day of November, 20,21,
VERA HOWTAIDO
RECORDING SECRETARY